|(a) In accordance with this section, the department
may deny an application for a certificate, revoke or suspend the certificate
of a person, vehicle inspection station, or inspector, place on probation,
or reprimand a person who holds a certificate.
(b) The department will administer penalties by the
category of the violation. The violations listed in this section are
not an exclusive list of violations. The department may assess penalties
for any violations of Texas Transportation Code, Chapter 548 (the
Act), or rules adopted by the department. The attached graphic summarizes
the violation categories and illustrates the method by which penalties
are enhanced for multiple violations.
(c) Violation categories are as follows:
(1) Category A.
(A) Issuing a vehicle inspection report without inspecting
one or more items of inspection.
(B) Issuing a vehicle inspection report without requiring
the owner or operator to furnish proof of financial responsibility
for the vehicle at the time of inspection.
(C) Issuing the wrong series or type of inspection
report for the vehicle presented for inspection.
(D) Refusing to inspect a vehicle without an objective
justifiable cause related to safety.
(E) Failure to properly safeguard inspection reports,
department issued forms, the electronic station interface device,
emissions analyzer access/identification card, and/or any personal
identification number (PIN).
(F) Failure to maintain required records.
(G) Failure to have at least one certified inspector
on duty during the posted hours of operations for the vehicle inspection
(H) Failure to display the official department issued
vehicle inspection station sign, certificate of appointment, procedure
chart and other notices in a manner prescribed by the department.
(I) Failure to post hours of operation.
(J) Failure to maintain the required facility standards.
(K) Issuing a vehicle inspection report to a vehicle
with one failing item of inspection.
(L) Failing to enter information or entering incorrect
vehicle information into the electronic station interface device or
emissions analyzer resulting in the reporting of erroneous information
concerning the vehicle.
(M) Failure to conduct an inspection within the inspection
area approved by the department for each vehicle type.
(N) Failure of inspector of record to ensure complete
and proper inspection.
(O) Failure to enter an inspection into the approved
interface device at the time of the inspection.
(P) Conducting an inspection without the appropriate
and operational testing equipment.
(Q) Failure to perform a complete inspection and/or
issue a vehicle inspection report.
(R) Requiring repair or adjustment not required by
the Act, this chapter, or department regulation.
(2) Category B.
(A) Issuing a passing vehicle inspection report without
inspecting the vehicle.
(B) Issuing a passing vehicle inspection report to
a vehicle with multiple failing items of inspection.
(C) Refusing to allow owner to have repairs or adjustments
made at location of owner's choice.
(D) Allowing an uncertified person to perform, in whole
or in part, the inspection or rejection of a required item during
the inspection of a vehicle.
(E) Charging more than the statutory fee.
(F) Acting in a manner that could reasonably be expected
to cause confusion or misunderstanding on the part of an owner or
operator presenting a vehicle regarding the relationship between the
statutorily mandated inspection fee and a fee for any other service
or product offered by the vehicle inspection station.
(G) Failing to list and charge for any additional services
separately from the statutorily mandated inspection fee.
(H) Charging a fee, convenience fee or service charge
in affiliation or connection with the inspection, in a manner that
is false, misleading, deceptive or unauthorized.
(I) Inspector performing inspection while under the
influence of alcohol or drugs.
(J) Inspecting a vehicle at a location other than the
department approved inspection area.
(K) Altering a previously issued inspection report.
(L) Issuing a vehicle inspection report, while employed
as a fleet or government inspection station inspector, to an unauthorized
vehicle. Unauthorized vehicles include those not owned, leased or
under service contract to that entity, or personal vehicles of officers
and employees of the fleet or government inspection station or the
(M) Preparing or submitting to the department a false,
incorrect, incomplete or misleading form or report, or failing to
enter required data into the emissions testing analyzer or electronic
station interface device and transmitting that data as required by
(N) Issuing a passing vehicle inspection report without
inspecting multiple inspection items on the vehicle.
(O) Issuing a passing vehicle inspection report by
using the emissions analyzer access/identification card, the electronic
station interface device unique identifier, or the associated PIN
(P) Giving, sharing, lending or displaying an emissions
analyzer access/identification card, the electronic station interface
device unique identifier, or divulging the associated PIN to another.
(Q) Failure of inspector to enter all required data
pertaining to the inspection, including, but not limited to data entry
into the emissions testing analyzer, electronic station interface
device, vehicle inspection report or any other department required
(R) Conducting multiple inspections outside the inspection
area approved by the department for each vehicle type.
(S) Issuing a passing vehicle inspection report in
violation of Texas Transportation Code, §548.104(d).
(T) Vehicle inspection station owner, operator or manager
directing a state certified inspector under his employ or supervision
to issue a vehicle inspection report when in violation of this chapter,
department regulations, or the Act.
(U) Vehicle inspection station owner, operator, or
manager having knowledge of a state certified inspector under the
owner's employ or supervision issuing a passing vehicle inspection
report in violation of this chapter, department regulations, or the
(V) Issuing a safety only inspection report to a vehicle
required to undergo a safety and emissions inspection without requiring
a signed and legible affidavit, approved by the department, from the
owner or operator of the vehicle, in a non emissions county.
(W) Disclosing or selling information collected in
relation to a vehicle inspection about a unique customer or a unique
vehicle owner, to a person other than the department or the person
who is the subject of the information, including a customer or vehicle
owner's name, address, or phone number.
(3) Category C.
(A) Issuing more than one vehicle inspection report
without inspecting the vehicles.
(B) Issuing a passing vehicle inspection report to
multiple vehicles with multiple failing items of inspection.
(C) Multiple instances of issuing a passing vehicle
inspection report to vehicles with multiple defects.
(D) Emissions testing the exhaust or electronic connector
of one vehicle for the purpose of enabling another vehicle to pass
the emissions test (clean piping or clean scanning).
(E) Issuing a passing vehicle inspection report to
a vehicle with multiple emissions related violations or violations
on more than one vehicle.
(F) Allowing a person whose certificate has been suspended
or revoked to participate in a vehicle inspection, issue a vehicle
inspection report or participate in the regulated operations of the
vehicle inspection station.
(G) Charging more than the statutory fee in addition
to not inspecting the vehicle.
(H) Misrepresenting a material fact in any application
to the department or any other information filed pursuant to the Act
or this chapter.
(I) Conducting or participating in the inspection of
a vehicle during a period of suspension, revocation, denial, after
expiration of suspension but before reinstatement, or after expiration
of inspector certification.
(J) Altering or damaging an item of inspection with
the intent that the item fail the inspection.
(K) Multiple instances of preparing or submitting to
the department false, incorrect, incomplete, or misleading forms or
(L) Multiple instances of failing to enter complete
and accurate data into the emissions testing analyzer or electronic
station interface device, or failing to transmit complete and accurate
data in the manner required by the department.
(4) Category D. These violations are grounds for indefinite
suspension based on the temporary failure to possess or maintain an
item or condition necessary for certification. The suspension of inspection
activities is lifted upon receipt by the department of proof the obstacle
has been removed or remedied.
(A) Failing to possess a valid driver license.
(B) Failing to possess a required item of inspection
(5) Category E. These violations apply to inspectors
and vehicle inspection stations in which emission testing is required.
(A) Failing to perform applicable emissions test as
(B) Issuing a passing emissions inspection report without
performing the emissions test on the vehicle as required.
(C) Failing to perform the gas cap test, or the use
of unauthorized bypass for gas cap test.
(D) Issuing a passing emissions inspection report when
the required emissions adjustments, corrections or repairs have not
been made after an inspection disclosed the necessity for such adjustments,
corrections or repairs.
(E) Falsely representing to an owner or operator of
a vehicle that an emissions related component must be repaired, adjusted
or replaced in order to pass emissions inspection.
(F) Requiring an emissions repair or adjustment not
required by this chapter, department regulation, or the Act.
(G) Tampering with the emissions system or an emission
related component in order to cause vehicle to fail emissions test.
(H) Refusing to allow the owner to have emissions repairs
or adjustments made at a location of the owner's choice.
(I) Allowing an uncertified person to conduct an emissions
(J) Charging more than the authorized emissions inspection
(K) Entering false information into an emission analyzer
in order to issue an inspection report.
(L) Violating a prohibition described in §23.57
of the title (relating to Prohibitions).
(d) When assessing administrative penalties, the procedures
detailed in this subsection will be observed:
(1) Multiple vehicle inspection station violations
may result in action being taken against all station licenses held
by the owner.
(2) The department may require multiple suspension
periods be served consecutively.
(3) Enhanced penalties assessed will be based on previously
adjudicated violations in the same category. Any violation of the
same category committed after final adjudication of the prior violation
will be treated as a subsequent violation for purposes of penalty
(A) Category A violations are subject to a two year
period of limitations preceding the date of the current violation.
(B) Under Category B, C, and E, subsequent violations
are based on the number of previously adjudicated or otherwise finalized
violations in the same category within the five year period preceding
the date of the current violation.
(e) Certification for a vehicle inspection station
may not be issued if the person's immediate family member's certification
as a vehicle inspection station owner at that same location is currently
suspended or revoked, or is subject to a pending administrative adverse
action, unless the person submits an affidavit stating the certificate
holder who is the subject of the suspension, revocation or pending
action, has no, nor will have any, further involvement in the business
of state inspections.
(f) A new certification for a vehicle inspection station
may be issued at the same location where the previous certificate
holder as an owner or operator is pending or currently serving a suspension
or revocation, if the person submits an affidavit stating the certificate
holder who is the subject of the suspension or revocation, has no,
nor will have any, further involvement in the business of state inspections.
The affidavit must contain the statement that the affiant understands
and agrees that in the event the department discovers the previous
certificate holder is involved in the inspection business at that
location, the certificate will be revoked under Texas Transportation
Code, §548.405. In Cont'd...