By: West S.B. No. 197
(In the Senate - Filed November 9, 2010; January 31, 2011,
read first time and referred to Committee on Transportation and
Homeland Security; May 9, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 9, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 197 By: Watson
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 not more than
$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 FOR CERTAIN INSPECTION
STATIONS. (a) This section applies only to an inspection station
that:
(1) is located in a county in which the conservation
commission has established a motor vehicle emissions inspection and
maintenance program under Subchapter F; and
(2) has been convicted of a violation of this chapter
relating to an emissions inspection.
(b) An application for certification as an inspection
station must be accompanied by a surety bond in the amount of
$5,000, 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.
(c) 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 548.506, Transportation Code, is amended
to read as follows:
Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. An
applicant for certification as an inspector must submit with the
applicant's first application a fee of $25 [$10] for certification
until August 31 of the even-numbered year following the date of
certification. To be certified after August 31 of that year, the
applicant must pay $25 [$10] as a certificate fee for each
subsequent two-year period.
SECTION 4. Section 548.507, Transportation Code, is amended
to read as follows:
Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION.
(a) Except as provided by Subsection (b) or (c), after [When] an
applicant for certification as an inspection station is notified
that the application will be approved, the applicant must [shall]
pay a fee of $100 [$30] for certification until August 31 of the
odd-numbered year after the date of appointment. To be certified
after August 31 of that year, the applicant must pay a fee of $100
[$30] for certification for each subsequent two-year period.
(b) If an applicant for certification as an inspection
station has been convicted of a violation of this chapter relating
to an emissions inspection under Subchapter F, after notification
that the application will be approved, the applicant must pay a fee
of $500 for certification until August 31 of the odd-numbered year
after the date of appointment. To be certified after August 31 of
that year, the applicant must pay a fee of $100 for certification
for each subsequent two-year period.
(c) If an applicant for certification as an inspection
station has been convicted of two or more violations of this chapter
relating to an emissions inspection under Subchapter F, after
notification that the application will be approved, the applicant
must pay a fee of $1,500 for certification until August 31 of the
odd-numbered year after the date of appointment. To be certified
after August 31 of that year, the applicant must pay a fee of $100
for certification for each subsequent two-year period.
SECTION 5. 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 relating to an emissions
inspection under Subchapter F 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
relating to an emissions inspection under Subchapter F is liable
for a civil penalty of not less than $50 or more than $150 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 6. Subchapter I, Chapter 548, Transportation Code,
is amended by adding Sections 548.6035 and 548.6036 to read as
follows:
Sec. 548.6035. FRAUDULENT EMISSIONS INSPECTION OF MOTOR
VEHICLE. (a) A person commits an offense if, in connection with a
required emissions inspection of a motor vehicle, the person
knowingly:
(1) places or causes to be placed on a motor vehicle an
inspection certificate, if:
(A) the vehicle does not meet the emissions
requirements established by the department; or
(B) the person has not inspected the vehicle;
(2) manipulates an emissions test result;
(3) uses or causes to be used emissions data from
another motor vehicle as a substitute for the motor vehicle being
inspected; or
(4) bypasses or circumvents a fuel cap test.
(b) A first offense under Subsections (a)(1)-(3) is a Class
B misdemeanor.
(c) Except as provided by Subsection (d), a second or
subsequent offense under Subsections (a)(1)-(3) is a Class A
misdemeanor.
(d) If it is found on trial of an offense under Subsections
(a)(1)-(3) that the person committing the offense acted with the
intent to defraud or harm another person, the offense is a state
jail felony.
(e) An offense under Subsection (a)(4) is a Class C
misdemeanor.
(f) It is a defense to prosecution under Subsection (a)(4)
that the analyzer used by the person developed a functional problem
during the emissions inspection of the fuel cap that prevented the
person from properly conducting the fuel cap test portion of the
emissions inspection.
Sec. 548.6036. ACTIONS OF EMPLOYEE. (a) Except as
provided by Subsection (b), an inspection station is not subject to
prosecution under this subchapter for an act of an employee of the
inspection station if the inspection station requires the employee
to sign a written agreement to abide by the provisions of:
(1) this chapter;
(2) Chapter 382, Health and Safety Code; and
(3) all rules adopted under those chapters.
(b) An inspection station is subject to prosecution under
this subchapter for an act of an employee of the inspection station
if the inspection station:
(1) has received written notification from the
department or another agency that the employee has committed an
offense under this chapter; and
(2) continues to allow the employee to perform
inspections under this chapter.
SECTION 7. (a) The change in law made by this Act to
Section 548.3065, 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 Section 548.4045,
Transportation Code, as added by this Act, and Sections 548.506 and
548.507, Transportation Code, as amended 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 8. This Act takes effect September 1, 2011.
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