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  S.B. No. 197
 
 
 
 
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.
         (c)  A penalty imposed under this section is in lieu of a
  civil or administrative penalty imposed under another provision of
  this chapter for the same violation.
         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
  an administrative or civil penalty or criminal 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 Department of Public Safety of the
  State of Texas and the Texas Department of Motor Vehicles shall
  conduct a study regarding the feasibility of and best practices for
  using an electronic motor vehicle inspection system to consolidate
  the inspection and registration of motor vehicles in this state.
         (b)  Not later than December 1, 2012, the Department of
  Public Safety of the State of Texas and the Texas Department of
  Motor Vehicles shall report the results of the study conducted
  under this section to the standing committees in the senate and the
  house of representatives that have primary jurisdiction over
  transportation.
         SECTION 8.  (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 9.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 197 passed the Senate on
  May 11, 2011, by the following vote: Yeas 29, Nays 2; and that the
  Senate concurred in House amendments on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 197 passed the House, with
  amendments, on May 25, 2011, by the following vote: Yeas 147,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor