Sec. 2308.059. PERIODIC AND RISK-BASED INSPECTIONS. (a) The department may enter and inspect at any time during business hours:
(1) the place of business of any person regulated under this chapter; or
(2) any place in which the department has reasonable cause to believe that a license or permit holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.
(b) The department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:
(1) the type and nature of the towing company or operator;
(2) the inspection history;
(3) any history of complaints involving the towing company or operator; and
(4) any other factor determined by the commission by rule.
(c) The towing company shall pay a fee for each risk-based inspection performed under this section. The commission by rule shall set the amount of the fee.
(d) In conducting an inspection under this section, the department may inspect a vehicle, a facility, business records, or any other place or thing reasonably required to enforce this chapter or a rule or order adopted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
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