82R411 TRH-F
By: West S.B. No. 197
A BILL TO BE ENTITLED
AN ACT
relating to the compulsory inspection of motor vehicles; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 548.3065, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) For purposes of Subsection (a) [Except as otherwise
provided by this section], the procedures for determining and
administering an administrative penalty [under this section]
against a person charged with violating this chapter are the same as
those prescribed by Section 643.251 for determining and
administering an administrative penalty against a motor carrier
under that section.
(c-1) The conservation commission may impose an
administrative penalty on a person in the amount of $500 for each
violation of this subchapter or a rule adopted by the conservation
commission under this subchapter.
SECTION 2. Subchapter G, Chapter 548, Transportation Code,
is amended by adding Section 548.4045 to read as follows:
Sec. 548.4045. BOND REQUIRED. (a) An application for
certification as an inspection station or an inspector must be
accompanied by a surety bond in the amount of $500, payable to this
state and conditioned on the future compliance with this chapter
and rules adopted by the department or the conservation commission
under this chapter.
(b) The attorney general or the district or county attorney
for the county in which the inspection station is located or in
which the inspection station that employs the inspector is located
may bring suit in the name of this state to recover on the bond.
SECTION 3. Section 548.601, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1) or as [Unless]
otherwise specified in this chapter, an offense under this section
is a Class C misdemeanor.
(b-1) An offense under Subsection (a)(1), (a)(5), or (a)(6)
is a Class A misdemeanor.
SECTION 4. Subchapter I, Chapter 548, Transportation Code,
is amended by adding Section 548.6015 to read as follows:
Sec. 548.6015. CIVIL PENALTIES. (a) An inspection station
that violates a provision of this chapter or a rule of the
department issued under this chapter is liable for a civil penalty
of not less than $250 or more than $500 for each violation. The
district or county attorney for the county in which the inspection
station is located or the attorney general may bring suit in the
name of this state to collect the penalty.
(b) An inspector who violates a provision of this chapter or
a rule of the department issued under this chapter is liable for a
civil penalty of not less than $250 or more than $500 for each
violation. The district or county attorney for the county in which
the inspection station that employs the inspector is located or the
attorney general may bring suit in the name of this state to collect
the penalty.
SECTION 5. (a) The change in law made by this Act to
Sections 548.3065 and 548.601, Transportation Code, applies only to
a violation or an offense committed on or after the effective date
of this Act. A violation or an offense committed before the
effective date of this Act is governed by the law in effect when the
violation or offense was committed, and the former law is continued
in effect for that purpose.
(b) The changes in law made by this Act in connection with an
application for certification as a vehicle inspection station or a
vehicle inspector apply only to an application for certification
that is filed on or after the effective date of this Act. An
application for certification as a vehicle inspection station or a
vehicle inspector that is filed before the effective date of this
Act is governed by the law in effect when the application was filed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.