(a) Except as provided by Subsection (b), an inspection station is not subject to an administrative or civil penalty or criminal prosecution under this subchapter for an act of an employee of the inspection station if the inspection station requires the employee to sign a written agreement to abide by the provisions of:
(1) this chapter;
(2) Chapter 382, Health and Safety Code; and
(3) all rules adopted under those chapters.
(b) An inspection station is subject to prosecution under this subchapter for an act of an employee of the inspection station if the inspection station:
(1) has received written notification from the department or another agency that the employee has committed an offense under this chapter; and
(2) continues to allow the employee to perform inspections under this chapter.