HBA-MPM H.B. 3071 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3071
By: Chisum
Public Safety
8/3/2001
Enrolled
       


BACKGROUND AND PURPOSE 

Prior to the 77th Legislation, it was unclear whether existing law provided
for the suspension or revocation of a certificate of a vehicle inspector if
the inspector committed a crime unrelated to inspections.  In addition,
existing law did not address a situation in which a family member of a
person with a suspended or revoked certificate seeks to continue that
person's family business.  Existing law was also unclear as to which
entities or persons involved in a business are subject to the suspension or
revocation of a certificate. House Bill 3071 strengthens law governing the
suspension and revocation of certificates of an inspector or inspection
station owner and certain family members of that person and clarifies which
entities and individuals are subject to a certificate suspension or
revocation.  The bill also authorizes a representative of the Department of
Public Safety to conduct an inspection, investigation, or audit of an
inspection station to ensure that the station is in compliance with state
law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 4 (Section 548.409, Transportation Code) of this bill. 

ANALYSIS

House Bill 3071 amends the Transportation Code to authorize a member,
employee, or agent of the Department of Public Safety (DPS representative)
to enter an inspection station during normal business hours to conduct an
investigation, inspection, or audit to determine whether the station or
inspector is in compliance with vehicle inspection laws, DPS rules relating
to the compulsory inspection of motor vehicles, or the Clean Air Act. A DPS
representative who enters an inspection station to conduct an
investigation, inspection, or audit is required to notify the manager or
person in charge of the station of the representative's presence and
present the manager or person with proper identifying credentials.  The
bill entitles a DPS representative to have access to emissions testing
equipment, inspection records, and any required inspection station
certificate or inspector certificate.  The bill provides that the DPS
representative must observe the inspection station's rules relating to
safety, security, and fire protection.  These provisions do not prohibit
DPS from conducting an undercover investigation or covert audit of an
inspection station.   
The bill prohibits an immediate family member of a person whose certificate
has been suspended or revoked from being granted a certificate if the
location of the family member's business is the same as that of the person
whose certificate is suspended or revoked unless the family member proves
that the person with the suspended or revoked certificate has no
involvement in the business. 

The bill specifies that provisions authorizing DPS to deny a person's
application for a certificate, to revoke or suspend a certificate of a
person, inspection station, or inspector, to place on probation a person
who holds a suspended certificate, or to reprimand a person who holds a
certificate apply to each member of a partnership association, each
director or officer of a corporation, and a shareholder who receives
compensation from the day-to-day operation of the corporation in the form
of a salary. 


 H.B. 3071 prohibits DPS from suspending, revoking, or denying all
certificates of a person who holds more than one inspection station
certificate based on the suspension, revocation, or denial of one of the
person's station certificates without proof of culpability related to a
prior action.  DPS is required to develop by September 1, 2002, a penalty
schedule consisting of warnings, re-education, suspensions, and revocations
based on the severity and frequency of offenses committed under provisions
or DPS rules relating to the compulsory inspection of motor vehicles and
the Clean Air Act. 

H.B. 3071 provides that a person who is dissatisfied with the final
decision of the public safety director regarding the denial, suspension, or
revocation of a certificate may appeal the decision by filing a petition as
provided by existing law governing contested cases within state agencies
rather than filing the petition in district court in the county where the
person lives.  The bill specifies that judicial review of the final
decision of the public safety director is under the substantial evidence
rule. 

The bill requires DPS to adopt rules regarding the efficient handling and
investigation of complaints by citizens, applicants, inspectors, and
inspection stations against a DPS representative who may investigate the
compliance of the station or station inspector.  The bill specifies that
the rules must provide for a fair, expeditious, and equitable investigation
and resolution to complaints received by DPS. 

EFFECTIVE DATE

September 1, 2001.