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.