HBA-MPM H.B. 3071 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3071 By: Chisum Public Safety 4/6/2001 Introduced BACKGROUND AND PURPOSE It may be unclear whether current law provides for the suspension or revocation of a certificate of a vehicle inspector if the inspector commits a crime unrelated to inspections. In addition, current law does 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. Current law is 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3071 amends the Transportation Code to clarify that the Texas Department of Public Safety (DPS) may suspend or revoke a vehicle inspection certificate if an inspector or owner of an inspection station is convicted of a felony or certain misdemeanors regardless of whether the crime for which the person was convicted directly relates to or affects the person's occupational duties or responsibilities. 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 owns at least 10 percent of the corporation's issued and outstanding shares. 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. EFFECTIVE DATE September 1, 2001.