| 1 | 1 | | 82R11562 MAW-F |
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| 2 | 2 | | By: Elkins H.B. No. 2929 |
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| 3 | 3 | | Substitute the following for H.B. No. 2929: |
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| 4 | 4 | | By: Kuempel C.S.H.B. No. 2929 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authorization to impose an administrative penalty on |
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| 10 | 10 | | salvage vehicle dealers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter H, Chapter 2302, Occupations Code, is |
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| 13 | 13 | | amended by adding Section 2302.354 to read as follows: |
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| 14 | 14 | | Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department |
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| 15 | 15 | | may impose an administrative penalty against a person licensed |
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| 16 | 16 | | under this chapter who violates this chapter or a rule or order |
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| 17 | 17 | | adopted under this chapter. |
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| 18 | 18 | | (b) The penalty may not be less than $50 or more than $1,000, |
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| 19 | 19 | | and each day a violation continues or occurs is a separate violation |
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| 20 | 20 | | for the purpose of imposing a penalty. The amount of the penalty |
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| 21 | 21 | | shall be based on: |
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| 22 | 22 | | (1) the seriousness of the violation, including the |
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| 23 | 23 | | nature, circumstances, extent, and gravity of the violation; |
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| 24 | 24 | | (2) the economic harm caused by the violation; |
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| 25 | 25 | | (3) the history of previous violations; |
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| 26 | 26 | | (4) the amount necessary to deter a future violation; |
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| 27 | 27 | | (5) efforts to correct the violation; and |
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| 28 | 28 | | (6) any other matter that justice requires. |
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| 29 | 29 | | (c) The person may stay enforcement during the time the |
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| 30 | 30 | | order is under judicial review if the person pays the penalty to the |
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| 31 | 31 | | court clerk or files a supersedeas bond with the court in the amount |
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| 32 | 32 | | of the penalty. A person who cannot afford to pay the penalty or |
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| 33 | 33 | | file the bond may stay enforcement by filing an affidavit in the |
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| 34 | 34 | | manner required by the Texas Rules of Civil Procedure for a party |
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| 35 | 35 | | who cannot afford to file security for costs, subject to the right |
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| 36 | 36 | | of the department to contest the affidavit as provided by those |
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| 37 | 37 | | rules. |
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| 38 | 38 | | (d) A proceeding to impose an administrative penalty is |
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| 39 | 39 | | subject to Chapter 2001, Government Code. |
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| 40 | 40 | | SECTION 2. Section 2302.354, Occupations Code, as added by |
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| 41 | 41 | | this Act, applies only to a violation of Chapter 2302, Occupations |
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| 42 | 42 | | Code, or a rule or order of the Texas Department of Motor Vehicles |
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| 43 | 43 | | adopted under that chapter, committed on or after the effective |
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| 44 | 44 | | date of this Act. A violation committed before the effective date |
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| 45 | 45 | | of this Act is governed by the law in effect when the violation was |
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| 46 | 46 | | committed, and the former law is continued in effect for that |
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| 47 | 47 | | purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2011. |
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