Bill Text: TX HB2929 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to authorization to impose an administrative penalty on salvage vehicle dealers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB2929 Detail]
Download: Texas-2011-HB2929-Comm_Sub.html
82R11562 MAW-F | |||
By: Elkins | H.B. No. 2929 | ||
Substitute the following for H.B. No. 2929: | |||
By: Kuempel | C.S.H.B. No. 2929 |
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relating to authorization to impose an administrative penalty on | ||
salvage vehicle dealers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 2302, Occupations Code, is | ||
amended by adding Section 2302.354 to read as follows: | ||
Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department | ||
may impose an administrative penalty against a person licensed | ||
under this chapter who violates this chapter or a rule or order | ||
adopted under this chapter. | ||
(b) The penalty may not be less than $50 or more than $1,000, | ||
and each day a violation continues or occurs is a separate violation | ||
for the purpose of imposing a penalty. The amount of the penalty | ||
shall be based on: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation; | ||
(2) the economic harm caused by the violation; | ||
(3) the history of previous violations; | ||
(4) the amount necessary to deter a future violation; | ||
(5) efforts to correct the violation; and | ||
(6) any other matter that justice requires. | ||
(c) The person may stay enforcement during the time the | ||
order is under judicial review if the person pays the penalty to the | ||
court clerk or files a supersedeas bond with the court in the amount | ||
of the penalty. A person who cannot afford to pay the penalty or | ||
file the bond may stay enforcement by filing an affidavit in the | ||
manner required by the Texas Rules of Civil Procedure for a party | ||
who cannot afford to file security for costs, subject to the right | ||
of the department to contest the affidavit as provided by those | ||
rules. | ||
(d) A proceeding to impose an administrative penalty is | ||
subject to Chapter 2001, Government Code. | ||
SECTION 2. Section 2302.354, Occupations Code, as added by | ||
this Act, applies only to a violation of Chapter 2302, Occupations | ||
Code, or a rule or order of the Texas Department of Motor Vehicles | ||
adopted under that chapter, committed on or after the effective | ||
date of this Act. A violation committed before the effective date | ||
of this Act is governed by the law in effect when the violation was | ||
committed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |