Texas House Bill HB1549 Introduced / Bill

                    81R861 JD-D
 By: McClendon H.B. No. 1549


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation, organization, duties, and functions of
 the Texas Department of Motor Vehicles; providing a penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
 SECTION 1.01. Title 7, Transportation Code, is amended by
 adding Subtitle M to read as follows:
 SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
 CHAPTER 1001. ORGANIZATION OF DEPARTMENT
 SUBCHAPTER A. GENERAL PROVISIONS
 Sec. 1001.001. DEFINITIONS. In this subtitle:
 (1)  "Commissioner" means the commissioner of motor
 vehicles.
 (2)  "Department" means the Texas Department of Motor
 Vehicles.
 Sec. 1001.002.  CREATION OF DEPARTMENT; DUTIES. (a) The
 department is created as an agency of this state.
 (b)  In addition to the other duties required of the Texas
 Department of Motor Vehicles, the department shall administer and
 enforce:
 (1) Subtitles A, B, and D;
 (2) Chapters 550, 702, 703, 706, 708, and 724;
 (3) Chapter 2301, Occupations Code; and
 (4) Article 4413(37), Revised Statutes.
 Sec. 1001.003.  COMPOSITION OF DEPARTMENT. The department
 is composed of the commissioner and other officers and employees
 required to efficiently implement:
 (1) this subtitle;
 (2)  other applicable motor vehicle laws of this state;
 and
 (3)  other laws that grant jurisdiction to or are
 applicable to the department.
 Sec. 1001.004.  SUNSET PROVISION. The department is subject
 to Chapter 325, Government Code (Texas Sunset Act). Unless
 continued in existence as provided by that chapter, the department
 is abolished September 1, 2021.
 Sec. 1001.005.  DEFENSE BY ATTORNEY GENERAL. The attorney
 general shall defend an action brought against the commissioner or
 an employee or officer of the department as a result of that
 person's official act or omission, whether or not at the time of the
 institution of the action that person has terminated service with
 the department.
 [Sections 1001.006-1001.020 reserved for expansion]
 SUBCHAPTER B. COMMISSIONER OF MOTOR VEHICLES
 Sec. 1001.021.  CHIEF EXECUTIVE. (a) The commissioner is
 the department's chief executive and administrative officer.
 (b)  The commissioner has the powers and duties vested in the
 commissioner by this code and other applicable motor vehicle laws
 of this state.
 Sec. 1001.022.  APPOINTMENT; TERM. (a) The governor, with
 the advice and consent of the senate, shall appoint the
 commissioner. The commissioner serves a two-year term that expires
 on February 1 of each odd-numbered year.
 (b)  The governor shall appoint the commissioner without
 regard to the race, color, disability, sex, religion, age, or
 national origin of the appointee.
 Sec. 1001.023. QUALIFICATIONS. The commissioner must:
 (1) be a competent and experienced administrator;
 (2)  be well informed and qualified in the fields of
 motor vehicles and vehicle titling and registration; and
 (3)  have at least five years of experience in the
 administration of business or government or as a practicing
 attorney or certified public accountant.
 Sec. 1001.024.  INELIGIBILITY FOR PUBLIC OFFICE. The
 commissioner is ineligible to be a candidate for a public elective
 office in this state unless the commissioner has resigned and the
 governor has accepted the resignation.
 Sec. 1001.025.  COMPENSATION. The commissioner is entitled
 to compensation as provided by the General Appropriations Act.
 Sec. 1001.026.  GROUNDS FOR REMOVAL. (a) It is a ground for
 removal from office if the commissioner:
 (1)  does not have at the time of appointment the
 qualifications required by Section 1001.023;
 (2)  does not maintain during service as commissioner
 the qualifications required by Section 1001.023;
 (3)  violates a prohibition established by Section
 1007.002, 1007.004, or 1007.005; or
 (4)  cannot, because of illness or disability,
 discharge the commissioner's duties for a substantial part of the
 commissioner's term.
 (b)  The validity of an action of the commissioner or the
 department is not affected by the fact that it is taken when a
 ground for removal of the commissioner exists.
 Sec. 1001.027.  TRAINING PROGRAM FOR COMMISSIONER. (a) Not
 later than the 90th day after the date on which the commissioner
 takes office, the commissioner shall complete a training program
 that complies with this section.
 (b)  The training program must provide the commissioner with
 information regarding:
 (1) the legislation that created the department;
 (2) the programs operated by the department;
 (3) the role and functions of the department;
 (4)  the rules of the department, with an emphasis on
 the rules that relate to disciplinary and investigatory authority;
 (5) the current budget for the department;
 (6)  the results of the most recent formal audit of the
 department;
 (7) the requirements of:
 (A)  the open meetings law, Chapter 551,
 Government Code;
 (B)  the public information law, Chapter 552,
 Government Code;
 (C)  the administrative procedure law, Chapter
 2001, Government Code; and
 (D) other laws relating to public officials,
 including conflict of interest laws; and
 (8)  any applicable ethics policies adopted by the
 department or the Texas Ethics Commission.
 [Sections 1001.028-1001.040 reserved for expansion]
 SUBCHAPTER C. PERSONNEL
 Sec. 1001.041.  DEPARTMENT PERSONNEL. (a) Subject to the
 General Appropriations Act or other law, the commissioner shall
 appoint deputies, assistants, and other personnel as necessary to
 carry out the powers and duties of the commissioner and the
 department under this code, other applicable motor vehicle laws of
 this state, and other laws granting jurisdiction or applicable to
 the department or the commissioner.
 (b)  A person appointed under this section must have the
 professional, administrative, and motor vehicle experience
 necessary to qualify the person for the position to which the person
 is appointed.
 (c)  A person appointed as an associate or deputy
 commissioner or to hold an equivalent position must have at least
 five years of the experience required for appointment as
 commissioner under Section 1001.023. At least two years of that
 experience must be in work related to the position to be held.
 Sec. 1001.042.  DIVISION OF RESPONSIBILITIES. The
 commissioner shall develop and implement policies that clearly
 define the respective responsibilities of the commissioner and the
 staff of the department.
 Sec. 1001.043.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;
 REPORT. (a) The commissioner or the commissioner's designee shall
 prepare and maintain a written policy statement to ensure
 implementation of a program of equal employment opportunity under
 which all personnel transactions are made without regard to race,
 color, disability, sex, religion, age, or national origin. The
 policy statement must include:
 (1)  personnel policies, including policies relating
 to recruitment, evaluation, selection, appointment, training, and
 promotion of personnel that are in compliance with Chapter 21,
 Labor Code;
 (2)  a comprehensive analysis of the department
 workforce that meets federal and state guidelines;
 (3)  procedures by which a determination can be made of
 significant underuse in the department workforce of all persons for
 whom federal or state guidelines encourage a more equitable
 balance; and
 (4)  reasonable methods to appropriately address those
 areas of significant underuse.
 (b) A policy statement prepared under this section must:
 (1) cover an annual period;
 (2) be updated annually;
 (3)  be reviewed by the civil rights division of the
 Texas Workforce Commission for compliance with Subsection (a); and
 (4) be filed with the governor.
 (c)  The governor shall deliver a biennial report to the
 legislature based on the information received under Subsection (b).
 The report may be made separately or as a part of other biennial
 reports made to the legislature.
 Sec. 1001.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT.
 The commissioner shall provide to department employees, as often as
 necessary, information regarding their:
 (1)  qualification for office or employment under this
 subtitle; and
 (2)  responsibilities under applicable laws relating
 to standards of conduct for state employees.
 Sec. 1001.045.  CAREER LADDER PROGRAM; PERFORMANCE
 EVALUATIONS. (a) The commissioner or the commissioner's designee
 shall develop an intra-agency career ladder program. The program
 must require intra-agency posting of all nonentry level positions
 concurrently with any public posting.
 (b)  The commissioner or the commissioner's designee shall
 develop a system of annual performance evaluations. All merit pay
 for department employees must be based on the system established
 under this subsection.
 CHAPTER 1002. RULES
 Sec. 1002.001.  GENERAL RULEMAKING AUTHORITY. The
 commissioner or the department may adopt any rules necessary and
 appropriate to implement the powers and duties of the department
 under this code and other laws of this state.
 Sec. 1002.002.  RULES RESTRICTING ADVERTISING OR
 COMPETITIVE BIDDING. The commissioner or the department may not
 adopt rules restricting advertising or competitive bidding by a
 person regulated by the department except to prohibit false,
 misleading, or deceptive practices by the person.
 Sec. 1002.003.  INTERIM RULES TO COMPLY WITH FEDERAL
 REQUIREMENTS. (a) The commissioner or the department may adopt
 rules to implement state responsibility in compliance with a
 federal law or regulation or action of a federal court relating to a
 person or activity under the jurisdiction of the department if:
 (1)  federal law or regulation, or an action of a
 federal court, requires:
 (A) a state to adopt the rules; or
 (B)  action by a state to ensure protection of the
 citizens of the state;
 (2)  the rules will avoid federal preemption of an
 activity under the jurisdiction of the department; or
 (3)  the rules will prevent the loss of federal funds to
 this state.
 (b)  The commissioner or the department may adopt a rule
 under this section only if the federal action requiring the
 adoption of a rule occurs or takes effect between sessions of the
 legislature or at such time during a session of the legislature that
 sufficient time does not remain to permit the preparation of a
 recommendation for legislative action or permit the legislature to
 act. A rule adopted under this section shall remain in effect only
 until 30 days following the end of the next session of the
 legislature unless a law is enacted that authorizes the subject
 matter of the rule. If a law is enacted that authorizes the subject
 matter of the rule, the rule will continue in effect.
 CHAPTER 1003. DEPARTMENT PROCEDURES
 Sec. 1003.001.  APPLICABILITY OF CERTAIN LAWS. Except as
 specifically provided by law, the department is subject to Chapters
 2001 and 2002, Government Code.
 Sec. 1003.002.  SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)
 The commissioner or the department by rule may:
 (1)  create a summary procedure for routine matters;
 and
 (2)  designate department activities that otherwise
 would be subject to Chapter 2001, Government Code, as routine
 matters to be handled under the summary procedure.
 (b)  An activity may be designated as a routine matter only
 if the activity is:
 (1) voluminous;
 (2) repetitive;
 (3) believed to be noncontroversial; and
 (4)  of limited interest to anyone other than persons
 immediately involved in or affected by the proposed department
 action.
 (c)  The rules may establish procedures different from those
 contained in Chapter 2001, Government Code. The procedures must
 require, for each party directly involved, notice of a proposed
 negative action not later than the fifth day before the date the
 action is proposed to be taken.
 (d)  A rule adopted by the commissioner under this section
 may provide for the delegation of authority to take action on a
 routine matter to a salaried employee of the department designated
 by the commissioner.
 Sec. 1003.003.  REVIEW OF ACTION ON ROUTINE MATTER. (a) A
 person directly or indirectly affected by an action of the
 commissioner or the department on a routine matter taken under the
 summary procedure adopted under Section 1003.002 is entitled to a
 review of the action under Chapter 2001, Government Code.
 (b)  The person must apply to the commissioner not later than
 the 60th day after the date of the action to be entitled to the
 review.
 (c)  The timely filing of the application for review
 immediately stays the action pending a hearing on the merits.
 (d)  The commissioner and the department may adopt rules
 relating to an application for review under this section and
 consideration of the application.
 Sec. 1003.004.  INFORMAL DISPOSITION OF CERTAIN CONTESTED
 CASES. The commissioner or the department, as applicable, may, on
 written agreement or stipulation of each party and any intervenor,
 informally dispose of a contested case in accordance with Section
 2001.056, Government Code, notwithstanding any provision of this
 code or other law that requires a hearing before the commissioner or
 the department, as applicable.
 Sec. 1003.005.  NEWSPAPER PUBLICATION. Except as otherwise
 provided by law, a notice or other matter that this code or other
 law requires the commission or the department to publish must be
 published for three successive weeks in two newspapers that:
 (1) are printed in this state; and
 (2) have a general circulation in this state.
 CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES
 AND PRODUCTION OF RECORDS
 Sec. 1004.001.  DEFINITION. In this chapter, "records"
 includes books, accounts, documents, papers, correspondence, and
 other material.
 Sec. 1004.002.  SUBPOENA AUTHORITY. (a) With respect to a
 matter that the commissioner or the department has authority to
 consider or investigate, the commissioner or the department may
 issue a subpoena applicable throughout this state that requires:
 (1) the attendance and testimony of a witness; and
 (2) the production of records.
 (b)  In connection with a subpoena, the commissioner or
 department may require attendance and production of records before
 the commissioner or the commissioner's designee:
 (1) at the department's offices in Austin; or
 (2)  at another place designated by the commissioner or
 the department.
 (c)  In connection with a subpoena, the commissioner or the
 commissioner's designee may administer an oath, examine a witness,
 or receive evidence.
 Sec. 1004.003.  SERVICE OF SUBPOENA. (a) A subpoena issued
 by the commissioner or the department may be served, at the
 discretion of the commissioner or department, by the commissioner,
 an authorized agent of the commissioner, a sheriff, or a constable.
 (b)  The sheriff's or constable's fee for serving the
 subpoena is the same as the fee paid to the sheriff or constable for
 similar services.
 Sec. 1004.004.  ENFORCEMENT OF SUBPOENA. (a) On
 application of the commissioner or the department, as applicable,
 in the case of disobedience of a subpoena issued by the commissioner
 or the department or the contumacy of a person, a district court may
 issue an order requiring a person subpoenaed to obey the subpoena,
 to give evidence, or to produce records if the person has refused to
 do so.
 (b)  A court may punish as contempt the failure to obey a
 court order under Subsection (a).
 (c)  If the court orders compliance with the subpoena or
 finds the person in contempt for failure to obey the order, the
 commissioner or the department, as applicable, or the attorney
 general when representing the department, may recover reasonable
 costs and fees, including attorney's fees and investigative costs
 incurred in the proceedings.
 (d)  An application under Subsection (a) must be made in a
 district court in Travis County or in the county in which the
 subpoena is served.
 Sec. 1004.005.  COMPENSATION FOR ATTENDANCE. A person
 required by subpoena to attend a proceeding before the
 commissioner, the commissioner's designee, or the department is
 entitled to:
 (1)  reimbursement for mileage in the same amount for
 each mile as the mileage travel allowance for a state employee for
 traveling to or from the place where the person's attendance is
 required, if the place is more than 25 miles from the person's place
 of residence; and
 (2)  a fee for each day or part of a day the person is
 required to be present as a witness that is equal to the greater of:
 (A) $10; or
 (B) a state employee's per diem travel allowance.
 Sec. 1004.006. OUT-OF-STATE MATERIALS. (a) A person with
 materials located outside this state that are requested by the
 commissioner or the department may make the materials available for
 examination at the place where the materials are located.
 (b)  The commissioner may designate a representative,
 including an official of the state in which the materials are
 located, to examine the materials.
 (c)  The commissioner may respond to a similar request from
 an official of another state or of the United States.
 Sec. 1004.007.  ACCESS TO INFORMATION. (a) A record or
 other evidence acquired under a subpoena under this chapter is not a
 public record for the period the commissioner or the department, as
 applicable, considers reasonably necessary to:
 (1) complete the investigation;
 (2)  protect the person being investigated from
 unwarranted injury; or
 (3) serve the public interest.
 (b)  The record or other evidence is not subject to a
 subpoena, other than a grand jury subpoena, until:
 (1)  the record or other evidence is released for
 public inspection by the commissioner or the department; or
 (2)  after notice and a hearing, a district court
 determines that obeying the subpoena would not jeopardize the
 public interest and any investigation by the commissioner or the
 department.
 (c)  Except for good cause, a district court order under
 Subsection (b) may not apply to:
 (1)  a record or communication received from a law
 enforcement agency or another regulatory agency; or
 (2)  the internal notes, memoranda, reports, or
 communications made in connection with a matter that the
 commissioner or the department has the authority to consider or
 investigate.
 Sec. 1004.008.  PRIVILEGED AND CONFIDENTIAL RECORDS AND
 INFORMATION; PROTECTIVE ORDERS. (a) A record subpoenaed and
 produced under this chapter that is otherwise privileged or
 confidential by law remains privileged or confidential until
 admitted into evidence in an administrative hearing or a court.
 (b)  The commissioner may issue a protective order relating
 to the confidentiality or privilege of a record described by
 Subsection (a) to restrict the use or distribution of the record:
 (1) by a person; or
 (2)  in a proceeding other than a proceeding before the
 commissioner or the department.
 Sec. 1004.009.  COOPERATION WITH LAW ENFORCEMENT. On
 request, the commissioner or the department may furnish records or
 other evidence obtained by subpoena to:
 (1)  a law enforcement agency of this state, another
 state, or the United States; or
 (2)  a prosecuting attorney of a municipality, county,
 or judicial district of this state, another state, or the United
 States.
 Sec. 1004.010.  EFFECT ON CONTESTED CASE. Sections
 1004.002, 1004.006, 1004.007, and 1004.009 do not affect the
 conduct of a contested case under Chapter 2001, Government Code.
 CHAPTER 1005. JUDICIAL REVIEW
 Sec. 1005.001.  ACTION SUBJECT TO JUDICIAL REVIEW. An
 action of the commissioner or the department subject to judicial
 review under this chapter includes a decision, order, rate, rule,
 form, or administrative or other ruling of the commissioner.
 Sec. 1005.002.  PETITION FOR JUDICIAL REVIEW. (a) After
 failing to get relief from the commissioner, any party at interest
 who is dissatisfied with an action of the commissioner or the
 department may file a petition for judicial review against the
 commissioner or department, as applicable, as defendant.
 (b)  The petition must state the particular objection to the
 action and may be filed only in a district court in Travis County.
 Sec. 1005.003.  JUDICIAL REVIEW. Judicial review of the
 action is under the substantial evidence rule and shall be
 conducted under Chapter 2001, Government Code.
 Sec. 1005.004.  ACTION NOT VACATED. (a) The filing of a
 petition for judicial review of an action under this chapter does
 not vacate the action.
 (b)  After notice and hearing, the court may vacate the
 action if the court finds it would serve the interest of justice to
 do so.
 Sec. 1005.005.  APPEAL. (a) A party to the action under
 Section 1005.002 may appeal to an appellate court that has
 jurisdiction, and the appeal is at once returnable to that court.
 (b)  An appeal under this section has precedence in the
 appellate court over any cause of a different character pending in
 the court.
 (c)  The commissioner or the department is not required to
 give an appeal bond in an appeal arising under this chapter.
 CHAPTER 1006. PUBLIC ACCESS
 Sec. 1006.001.  ACCESS TO PROGRAMS AND FACILITIES. (a) The
 department shall prepare and maintain a written plan that describes
 how a person who does not speak English may be provided reasonable
 access to the department's programs.
 (b)  The department shall comply with federal and state laws
 for program and facility accessibility.
 Sec. 1006.002.  PUBLIC COMMENT. The commissioner and the
 department shall develop and implement policies that provide the
 public with a reasonable opportunity to appear before the
 commissioner or the department and to speak on any issue under the
 jurisdiction of the commissioner or the department.
 Sec. 1006.003.  PUBLIC REPRESENTATION ON ADVISORY BODY. (a)
 At least one-half of the membership of each advisory body appointed
 by the commissioner, other than an advisory body whose membership
 is determined by this code or by other law, must represent the
 general public.
 (b) A public representative may not be:
 (1)  an officer, director, or employee of a business
 entity regulated by the department;
 (2)  a person required to register with the Texas
 Ethics Commission under Chapter 305, Government Code; or
 (3)  a person related within the second degree by
 affinity or consanguinity to a person described by Subdivision (1)
 or (2).
 CHAPTER 1007. STANDARDS OF CONDUCT
 Sec. 1007.001.  APPLICATION OF LAW RELATING TO ETHICAL
 CONDUCT. The commissioner and each employee or agent of the
 department is subject to the code of ethics and the standard of
 conduct imposed by Chapter 572, Government Code, and any other law
 regulating the ethical conduct of state officers and employees.
 Sec. 1007.002.  CERTAIN BUSINESS INTERESTS; SERVICE AS
 COMMISSIONER. A person is not eligible for appointment as
 commissioner if the person, the person's spouse, or any other
 person who resides in the same household as the person:
 (1)  is registered, certified, or licensed by the
 department;
 (2)  is employed by or participates in the management
 of a business entity or other organization regulated by or
 receiving funds from the department;
 (3)  owns or controls, directly or indirectly, more
 than a 10 percent interest in a business entity or other
 organization regulated by or receiving funds from the department;
 or
 (4)  uses or receives a substantial amount of tangible
 goods, services, or funds from the department, other than
 compensation or reimbursement authorized by law.
 Sec. 1007.003.  CERTAIN BUSINESS INTERESTS; EMPLOYEES. (a)
 A person who is a director, officer, attorney, agent, or employee of
 an occupation or business entity regulated by the department may
 not be employed by the department.
 (b)  A person who resides in the same household as a person
 who is an officer, managerial employee, or paid consultant in an
 occupation or business entity regulated by the department may not
 be employed in an exempt salary position as defined by the General
 Appropriations Act.
 Sec. 1007.004.  TRADE ASSOCIATIONS. (a) A person who is an
 officer, employee, or paid consultant of a trade association of
 motor vehicle dealers may not be:
 (1) the commissioner; or
 (2)  an employee of the department who is exempt from
 the state's position classification plan or is compensated at or
 above the amount prescribed by the General Appropriations Act for
 step 1, salary group A17, of the position classification salary
 schedule.
 (b)  A person who is the spouse of an officer, manager, or
 paid consultant of a trade association of motor vehicle dealers may
 not be:
 (1) the commissioner; or
 (2)  an employee of the department who is exempt from
 the state's position classification plan or is compensated at or
 above the amount prescribed by the General Appropriations Act for
 step 1, salary group A17, of the position classification salary
 schedule.
 (c)  In this section, "trade association" means a nonprofit,
 cooperative, and voluntarily joined association of business or
 professional competitors designed to assist its members and its
 industry or profession in dealing with mutual business or
 professional problems and in promoting their common interest.
 Sec. 1007.005.  LOBBYING ACTIVITIES. A person may not serve
 as the commissioner or act as the general counsel to the
 commissioner if the person is required to register as a lobbyist
 under Chapter 305, Government Code, because of the person's
 activities for compensation on behalf of an occupation related to
 the operation of the department.
 Sec. 1007.006.  PROHIBITED REPRESENTATION. (a) A person
 who served as the commissioner, the general counsel to the
 commissioner or to the department, or an employee of the State
 Office of Administrative Hearings who was involved in hearing cases
 under this code or another motor vehicle law of this state commits
 an offense if the person represents another person in a matter
 before the commissioner or the department or receives compensation
 for services performed on behalf of another person regarding a
 matter pending before the commissioner or the department during the
 one-year period after the date the person ceased to be the
 commissioner, the general counsel to the commissioner or the
 department, or an employee of the State Office of Administrative
 Hearings.
 (b)  A person who served as a member of the Texas
 Transportation Commission or the Public Safety Commission or as an
 employee of the Texas Department of Transportation or Department of
 Public Safety, or who served as the commissioner, the general
 counsel to the commissioner or the department, or an employee of the
 department or the State Office of Administrative Hearings, commits
 an offense if, after the person ceased to serve, the person
 represents another person or receives compensation for services
 performed on behalf of another person regarding a matter with which
 the person was directly concerned during the person's service. For
 purposes of this subsection, a person was directly concerned with a
 matter if the person had personal involvement with the matter or if
 the matter was within the scope of the person's official
 responsibility.
 (c) An offense under this section is a Class A misdemeanor.
 (d)  This section does not apply to a department employee
 whose position is eliminated as a direct result of a reduction in
 the department's workforce.
 ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS
 DEPARTMENT OF TRANSPORTATION
 PART A. GENERAL PROVISIONS AND ADMINISTRATION
 SECTION 2A.01. Section 201.202(a), Transportation Code, is
 amended to read as follows:
 (a) The commission shall organize the department into
 divisions to accomplish the department's functions and the duties
 assigned to it, including divisions for:
 (1) aviation;
 (2) highways and roads; and
 (3) public transportation[; and
 [(4) motor vehicle titles and registration].
 SECTION 2A.02. Section 201.931(2), Transportation Code, is
 amended to read as follows:
 (2) "License" includes:
 (A) a permit issued by the department that
 authorizes the operation of a vehicle and its load or a combination
 of vehicles and load exceeding size or weight limitations;
 (B) a motor carrier registration issued under
 Chapter 643;
 (C) a vehicle storage facility license issued
 under Chapter 2303, Occupations Code;
 (D) a license or permit for outdoor advertising
 issued under Chapter 391 or 394; and
 (E) a salvage vehicle dealer or agent license
 issued under Chapter 2302, Occupations Code[;
 [(F)     specially designated or specialized license
 plates issued under Subchapters E and F, Chapter 502; and
 [(G)     an apportioned registration issued
 according to the International Registration Plan under Section
 502.054].
 SECTION 2A.03. The following sections of the Transportation
 Code are repealed:
 (1) Section 201.202(c); and
 (2) Section 201.805, as added by Chapter 1407 (S.B.
 766), Acts of the 80th Legislature, Regular Session, 2007.
 PART B. CONTROL OF TRANSPORTATION ASSETS
 SECTION 2B.01. Section 202.002, Transportation Code, is
 repealed.
 PART C. FUNDING AND FEDERAL AID
 SECTION 2C.01. Section 222.001, Transportation Code, is
 amended to read as follows:
 Sec. 222.001. USE OF STATE HIGHWAY FUND. Money that is
 required to be used for public roadways by the Texas Constitution or
 federal law and that is deposited in the state treasury to the
 credit of the state highway fund, including money deposited to the
 credit of the state highway fund under Title 23, United States Code,
 may be used only:
 (1) to improve the state highway system;
 (2) to mitigate adverse environmental effects that
 result directly from construction or maintenance of a state highway
 by the department; [or]
 (3) by the Department of Public Safety to police the
 state highway system and to administer state laws relating to
 traffic and safety on public roads; or
 (4)  by the Texas Department of Motor Vehicles to
 administer state laws relating to traffic and safety on public
 roads.
 SECTION 2C.02. Section 222.002, Transportation Code, is
 amended to read as follows:
 Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
 FUNCTIONS. Subject to legislative appropriation, money [Money] in
 the state highway fund that is not required to be spent for public
 roadways by the Texas Constitution or federal law may be used for
 any function performed by the department or the Texas Department of
 Motor Vehicles.
 PART D. STATE HIGHWAY TOLL PROJECTS
 SECTION 2D.01. Sections 228.055(b) and (h), Transportation
 Code, are amended to read as follows:
 (b) The department may impose and collect the
 administrative fee, so as to recover the cost of collecting the
 unpaid toll, not to exceed $100. The department shall send a
 written notice of nonpayment to the registered owner of the vehicle
 at that owner's address as shown in the vehicle registration
 records of the Texas Department of Motor Vehicles [department] by
 first class mail and may require payment not sooner than the 30th
 day after the date the notice was mailed. The registered owner
 shall pay a separate toll and administrative fee for each event of
 nonpayment under Section 228.054.
 (h) In this section, "registered owner" means the owner of a
 vehicle as shown on the vehicle registration records of the Texas
 Department of Motor Vehicles [department] or the analogous
 department or agency of another state or country.
 SECTION 2D.02. Section 228.056(b), Transportation Code, is
 amended to read as follows:
 (b) In the prosecution of an offense under Section
 228.055(c), (d), or (e):
 (1) it is presumed that the notice of nonpayment was
 received on the fifth day after the date of mailing;
 (2) a computer record of the Texas Department of Motor
 Vehicles [department] of the registered owner of the vehicle is
 prima facie evidence of its contents and that the defendant was the
 registered owner of the vehicle when the underlying event of
 nonpayment under Section 228.054 occurred; and
 (3) a copy of the rental, lease, or other contract
 document covering the vehicle on the date of the underlying event of
 nonpayment under Section 228.054 is prima facie evidence of its
 contents and that the defendant was the lessee of the vehicle when
 the underlying event of nonpayment under Section 228.054 occurred.
 PART E. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
 HIGHWAYS IN CERTAIN COUNTIES
 SECTION 2E.01. Sections 284.0701(b), (e), and (h),
 Transportation Code, are amended to read as follows:
 (b) The county may impose and collect the administrative
 cost so as to recover the expense of collecting the unpaid toll, not
 to exceed $100. The county shall send a written notice of
 nonpayment to the registered owner of the vehicle at that owner's
 address as shown in the vehicle registration records of the Texas
 Department of Motor Vehicles [department] by first-class mail not
 later than the 30th day after the date of the alleged failure to pay
 and may require payment not sooner than the 30th day after the date
 the notice was mailed. The registered owner shall pay a separate
 toll and administrative cost for each event of nonpayment under
 Section 284.070.
 (e) It is an exception to the application of Subsection (a)
 or (c) if the registered owner of the vehicle transferred ownership
 of the vehicle to another person before the event of nonpayment
 under Section 284.070 occurred, submitted written notice of the
 transfer to the Texas Department of Motor Vehicles [department] in
 accordance with Section 520.023, and before the 30th day after the
 date the notice of nonpayment is mailed, provides to the county the
 name and address of the person to whom the vehicle was transferred.
 If the former owner of the vehicle provides the required
 information within the period prescribed, the county may send a
 notice of nonpayment to the person to whom ownership of the vehicle
 was transferred at the address provided by the former owner by
 first-class mail before the 30th day after the date of receipt of
 the required information from the former owner. The subsequent
 owner of the vehicle for which the proper toll was not paid who is
 mailed a written notice of nonpayment under this subsection and
 fails to pay the proper toll and administrative cost within the time
 specified by the notice of nonpayment commits an offense. The
 subsequent owner shall pay a separate toll and administrative cost
 for each event of nonpayment under Section 284.070. Each failure to
 pay a toll or administrative cost under this subsection is a
 separate offense.
 (h) In this section, "registered owner" means the owner of a
 vehicle as shown on the vehicle registration records of the Texas
 Department of Motor Vehicles [department] or the analogous
 department or agency of another state or country.
 PART F. CERTIFICATE OF TITLE ACT
 SECTION 2F.01. Section 501.002(3), Transportation Code, is
 amended to read as follows:
 (3) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 PART G. REGISTRATION OF VEHICLES
 SECTION 2G.01. Section 502.001(3), Transportation Code, is
 amended to read as follows:
 (3) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 SECTION 2G.02. Sections 502.053(a) and (b), Transportation
 Code, are amended to read as follows:
 (a) The department [Texas Department of Transportation]
 shall reimburse the Texas Department of Criminal Justice for the
 cost of manufacturing license plates or registration insignia as
 the license plates or insignia and the invoice for the license
 plates or insignia are delivered to the department [Texas
 Department of Transportation].
 (b) When manufacturing is started, the Texas Department of
 Criminal Justice, the department [Texas Department of
 Transportation], and the comptroller, after negotiation, shall set
 the price to be paid for each license plate or insignia. The price
 must be determined from:
 (1) the cost of metal, paint, and other materials
 purchased;
 (2) the inmate maintenance cost per day;
 (3) overhead expenses;
 (4) miscellaneous charges; and
 (5) a previously approved amount of profit for the
 work.
 PART H. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
 SECTION 2H.01. Sections 503.001(2) and (5), Transportation
 Code, are amended to read as follows:
 (2) "Commission" means the commissioner of motor
 vehicles [Texas Transportation Commission].
 (5) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 SECTION 2H.02. Section 503.001(1), Transportation Code, is
 repealed.
 PART I. MISCELLANEOUS PROVISIONS
 SECTION 2I.01. Section 520.001, Transportation Code, is
 amended to read as follows:
 Sec. 520.001. DEFINITION. In this chapter, "department"
 means the Texas Department of Motor Vehicles [Transportation].
 PART J. COMPULSORY INSPECTION OF VEHICLES
 SECTION 2J.01. Section 548.306(h), Transportation Code, is
 amended to read as follows:
 (h) The Texas Department of Motor Vehicles [Transportation]
 may deny reregistration of a vehicle if the registered owner of the
 vehicle has received notification under Subsection (c) and the
 vehicle has not passed a verification emissions inspection.
 PART K. ACCIDENTS AND ACCIDENT REPORTS
 SECTION 2K.01. Section 550.0601, Transportation Code, is
 amended to read as follows:
 Sec. 550.0601. DEFINITION. In this subchapter,
 "department" means the Texas Department of Motor Vehicles
 [Transportation].
 SECTION 2K.02. Section 550.081, Transportation Code, as
 amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the
 80th Legislature, Regular Session, 2007, is reenacted and amended
 to read as follows:
 Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
 PEACE. (a) In this section, "department" means the Texas
 Department of Motor Vehicles.
 (b) A medical examiner or justice of the peace acting as
 coroner in a county that does not have a medical examiner's office
 or that is not part of a medical examiner's district shall submit a
 report in writing to the department [Texas Department of
 Transportation] of the death of a person that was the result of a
 traffic accident to which this chapter applies and that occurred
 within the jurisdiction of the medical examiner or justice of the
 peace in the preceding calendar quarter.
 (c) [(b)] The report must be submitted before the 11th day
 of each calendar month and include:
 (1) the name of the deceased and a statement as to
 whether the deceased was:
 (A) the operator of or a passenger in a vehicle
 involved in the accident; or
 (B) a pedestrian or other nonoccupant of a
 vehicle;
 (2) the date of the accident and the name of the county
 in which the accident occurred;
 (3) the name of any laboratory, medical examiner's
 office, or other facility that conducted toxicological testing
 relative to the deceased; and
 (4) the results of any toxicological testing that was
 conducted.
 (d) [(c)] A report required by this section shall be sent
 to:
 (1) the crash records bureau of the department at its
 headquarters in Austin; or
 (2) any other office or bureau of the department that
 the department designates.
 (e) [(d)] If toxicological test results are not available
 to the medical examiner or justice of the peace on the date a report
 must be submitted, the medical examiner or justice shall:
 (1) submit a report that includes the statement
 "toxicological test results unavailable"; and
 (2) submit a supplement to the report that contains
 the information required by Subsections (c)(3) [(b)(3)] and (4) as
 soon as practicable after the toxicological test results become
 available.
 (f) [(e)] The department shall prepare and when requested
 supply to medical examiners' offices and justices of the peace the
 forms necessary to make the reports required by this section.
 PART L. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
 SECTION 2L.01. Section 551.302, Transportation Code, is
 amended to read as follows:
 Sec. 551.302. REGISTRATION. The Texas Department of Motor
 Vehicles [Transportation] may adopt rules relating to the
 registration and issuance of license plates to neighborhood
 electric vehicles.
 PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
 SECTION 2M.01. Sections 601.004(a), (c), and (d),
 Transportation Code, are amended to read as follows:
 (a) The operator of a motor vehicle that is involved in an
 accident in this state shall report the accident to the department
 [Texas Department of Transportation] not later than the 10th day
 after the date of the accident if:
 (1) the accident is not investigated by a law
 enforcement officer; and
 (2) at least one person, including the operator,
 sustained:
 (A) bodily injury or death; or
 (B) property damage to an apparent extent of at
 least $1,000.
 (c) The report must be made in writing in the form
 prescribed by the [Texas Department of Transportation and the]
 department and must contain information as necessary to enable the
 department to determine if the requirements for the deposit of
 security under Subchapter F do not apply because of the existence of
 insurance or an exception specified in this chapter. The operator
 or owner shall provide additional information as required by the
 department.
 (d) A written report of an accident made to the department
 [Texas Department of Transportation] under Section 550.061 or
 550.062 complies with this section if that report contains the
 information required by this section.
 SECTION 2M.02. Section 601.023, Transportation Code, is
 amended to read as follows:
 Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
 may pay[:
 [(1)     a statutory fee required by the Texas Department
 of Transportation for a certified abstract or in connection with
 suspension of a vehicle registration; or
 [(2)] a statutory fee payable to the comptroller for
 issuance of a certificate of deposit required by Section 601.122.
 SECTION 2M.03. Section 601.451, Transportation Code, as
 added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
 Regular Session, 2005, is amended to read as follows:
 Sec. 601.451. DEFINITION. In this subchapter,
 "implementing agencies" means:
 (1) the department;
 (2) [the Texas Department of Transportation;
 [(3)] the Texas Department of Insurance; and
 (3) [(4)] the Department of Information Resources.
 SECTION 2M.04. Subchapter N, Chapter 601, Transportation
 Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
 Legislature, Regular Session, 2003, is repealed.
 PART N. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
 STOPPING OFFENSES
 SECTION 2N.01. Section 682.008, Transportation Code, is
 amended to read as follows:
 Sec. 682.008. PRESUMPTIONS. In an administrative
 adjudication hearing under this chapter:
 (1) it is presumed that the registered owner of the
 motor vehicle is the person who parked or stopped the vehicle at the
 time and place of the offense charged; and
 (2) the Texas Department of Motor Vehicle's
 [Transportation's] computer-generated record of the registered
 vehicle owner is prima facie evidence of the contents of the record.
 PART O. ABANDONED MOTOR VEHICLES
 SECTION 2O.01. Section 683.001(1), Transportation Code, is
 amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
 SECTION 2P.01. Section 702.001(1), Transportation Code, is
 amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
 SECTION 2Q.01. Section 707.001(2), Transportation Code, is
 amended to read as follows:
 (2) "Owner of a motor vehicle" means the owner of a
 motor vehicle as shown on the motor vehicle registration records of
 the Texas Department of Motor Vehicles [Transportation] or the
 analogous department or agency of another state or country.
 SECTION 2Q.02. Section 707.011(b), Transportation Code, is
 amended to read as follows:
 (b) Not later than the 30th day after the date the violation
 is alleged to have occurred, the designated department, agency, or
 office of the local authority or the entity with which the local
 authority contracts under Section 707.003(a)(1) shall mail the
 notice of violation to the owner at:
 (1) the owner's address as shown on the registration
 records of the Texas Department of Motor Vehicles [Transportation];
 or
 (2) if the vehicle is registered in another state or
 country, the owner's address as shown on the motor vehicle
 registration records of the department or agency of the other state
 or country analogous to the Texas Department of Motor Vehicles
 [Transportation].
 SECTION 2Q.03. Section 707.017, Transportation Code, is
 amended to read as follows:
 Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
 is delinquent in the payment of a civil penalty imposed under this
 chapter, the county assessor-collector or the Texas Department of
 Motor Vehicles [Transportation] may refuse to register a motor
 vehicle alleged to have been involved in the violation.
 PART R. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
 SECTION 2R.01. Sections 1(3) and (4), Article 4413(37),
 Revised Statutes, are amended to read as follows:
 (3) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 (4) "Commissioner" ["Director"] means the
 commissioner of motor vehicles [executive director of the Texas
 Department of Transportation].
 SECTION 2R.02. Section 2, Article 4413(37), Revised
 Statutes, is amended to read as follows:
 Sec. 2. ESTABLISHMENT OF AUTHORITY. The Automobile
 Burglary and Theft Prevention Authority is established in the Texas
 Department of Motor Vehicles [Transportation]. The authority is
 not an advisory body to the Texas Department of Motor Vehicles
 [Transportation].
 SECTION 2R.03. Sections 3(c), (h), and (l), Article
 4413(37), Revised Statutes, are amended to read as follows:
 (c) The commissioner [director of the Department of Public
 Safety] or the commissioner's [director's] designee serves ex
 officio as the seventh member of the authority.
 (h) If the commissioner [director] has knowledge that a
 potential ground for removal exists, the commissioner [director]
 shall notify the presiding officer of the authority of the
 potential ground. The presiding officer shall then notify the
 governor and the attorney general that a potential ground for
 removal exists. If the potential ground for removal involves the
 presiding officer, the commissioner [director] shall notify the
 next highest officer of the authority, who shall notify the
 governor and the attorney general that a potential ground for
 removal exists.
 (l) The commissioner [director] or the commissioner's
 [director's] designee shall provide to members of the authority, as
 often as necessary, information regarding their qualifications for
 office under this article and their responsibilities under
 applicable laws relating to standards of conduct for state
 officers.
 SECTION 2R.04. Sections 9(a), (b), and (g), Article
 4413(37), Revised Statutes, are amended to read as follows:
 (a) The authority shall develop a statewide motor vehicle
 registration program to be administered by the department
 [Department of Public Safety].
 (b) The authority shall identify a period of the day during
 which most motor vehicles are not used. An owner of a motor vehicle
 that does not usually use the motor vehicle during that period may
 register the motor vehicle with the department [Department of
 Public Safety] in accordance with the program developed by the
 authority.
 (g) The department [Department of Public Safety] shall
 adopt rules to administer the program and shall adopt fees in an
 amount sufficient to recover the cost of administering the program.
 ARTICLE 3. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
 OF PUBLIC SAFETY
 PART A. REGIONAL MOBILITY AUTHORITIES
 SECTION 3A.01. Sections 370.191(c), (d), and (e),
 Transportation Code, are amended to read as follows:
 (c) To the extent an authority considers appropriate to
 expedite commerce and based on the Texas ITS/CVO Business Plan
 prepared by the department, the Texas Department of Motor Vehicles
 [Public Safety], and the comptroller, the authority shall provide
 for implementation by the appropriate agencies of the use of
 Intelligent Transportation Systems for Commercial Vehicle
 Operations (ITS/CVO) in any new commercial motor vehicle inspection
 facility constructed by the authority and in any existing facility
 located at a port of entry to which this section applies. The
 authority shall coordinate with other state and federal
 transportation officials to develop interoperability standards for
 the systems.
 (d) If an authority constructs a facility at which
 commercial vehicle safety inspections are conducted, the facility
 may not be used solely for the purpose of conducting commercial
 motor vehicle inspections by the Texas Department of Motor Vehicles
 [Public Safety] and the facility must include implementation of
 ITS/CVO technology by the appropriate agencies to support all
 commercial motor vehicle regulation and enforcement functions.
 (e) As part of its implementation of technology under this
 section, an authority shall to the greatest extent possible as a
 requirement of the construction of the facility:
 (1) enhance efficiency and reduce complexity for motor
 carriers by providing a single point of contact between carriers
 and regulating state and federal government officials and providing
 a single point of information, available to wireless access, about
 federal and state regulatory and enforcement requirements;
 (2) prevent duplication of state and federal
 procedures and locations for regulatory and enforcement
 activities, including consolidation of collection of applicable
 fees;
 (3) link information systems of the authority, the
 department, the Texas Department of Motor Vehicles [Public Safety],
 the comptroller, and, to the extent possible, the United States
 Department of Transportation and other appropriate regulatory and
 enforcement entities; and
 (4) take other necessary action to:
 (A) facilitate the flow of commerce;
 (B) assist federal interdiction efforts;
 (C) protect the environment by reducing idling
 time of commercial motor vehicles at the facilities;
 (D) prevent highway damage caused by overweight
 commercial motor vehicles; and
 (E) seek federal funds to assist in the
 implementation of this section.
 PART B. CERTIFICATE OF TITLE ACT
 SECTION 3B.01. Section 501.100(e), Transportation Code, is
 amended to read as follows:
 (e) On or after the 31st day after the date the department
 receives a rebuilder fee under Subsection (d), the department shall
 deposit $50 of the fee to the credit of the state highway fund to be
 used only by the department [Department of Public Safety] to
 enforce this chapter and $15 to the credit of the general revenue
 fund.
 PART C. REGISTRATION OF VEHICLES
 SECTION 3C.01. Sections 502.009(a), (b), and (d),
 Transportation Code, are amended to read as follows:
 (a) The department [Department of Public Safety] shall
 ensure compliance with the motor vehicle emissions inspection and
 maintenance program through a vehicle inspection sticker-based
 enforcement system except as provided by this section or Section
 548.3011. Subsections (b)-(e) apply only if the United States
 Environmental Protection Agency determines that the state has not
 demonstrated, as required by 40 C.F.R. Section 51.361, that
 sticker-based enforcement of the program is more effective than
 registration-based enforcement and gives the Texas Natural
 Resource Conservation Commission or the governor written
 notification that the reregistration-based enforcement of the
 program, as described by those subsections, will be required. If
 Subsections (b)-(e) are made applicable as provided by this
 subsection, the department shall terminate reregistration-based
 enforcement of the program under those subsections on the date the
 United States Environmental Protection Agency gives the Texas
 Natural Resource Conservation Commission or a person the commission
 designates written notification that reregistration-based
 enforcement is not required for the state implementation plan.
 (b) The department may not register a motor vehicle if the
 department determines or receives from the Texas Natural Resource
 Conservation Commission [or the Department of Public Safety]
 notification that the registered owner of the vehicle has not
 complied with Subchapter F, Chapter 548.
 (d) The department and[,] the Texas Natural Resource
 Conservation Commission[, and the Department of Public Safety]
 shall enter an agreement regarding the responsibilities for costs
 associated with implementing this section.
 SECTION 3C.02. Section 502.1715(b), Transportation Code,
 is amended to read as follows:
 (b) Fees collected under this section shall be deposited to
 the credit of the state highway fund. Subject to appropriations,
 the money shall be used by the department [Department of Public
 Safety] to:
 (1) support the department's [Department of Public
 Safety's] reengineering of the driver's license system to provide
 for the issuance by the department [Department of Public Safety] of
 a driver's license or personal identification certificate, to
 include use of image comparison technology;
 (2) establish and maintain a system to support the
 driver responsibility program under Chapter 708; and
 (3) make lease payments to the master lease purchase
 program for the financing of the driver's license reengineering
 project.
 SECTION 3C.03. Section 502.1715(c), Transportation Code,
 as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
 the 79th Legislature, Regular Session, 2005, is reenacted and
 amended to read as follows:
 (c) Fees collected under this section shall be deposited to
 the credit of the state highway fund. Subject to appropriation,
 the money may be used by the [Department of Public Safety, the]
 Texas Department of Insurance, the Department of Information
 Resources, and the department to carry out Subchapter N, Chapter
 601.
 SECTION 3C.04. Section 502.1715(d), Transportation Code,
 is amended to read as follows:
 (d) The [Department of Public Safety, the] Texas Department
 of Insurance, the Department of Information Resources, and the
 department shall jointly adopt rules and develop forms necessary to
 administer this section.
 PART D. DRIVER'S LICENSES AND CERTIFICATES
 SECTION 3D.01. Sections 521.001(a)(1) and (2),
 Transportation Code, are amended to read as follows:
 (1) "Commissioner" means the commissioner of motor
 vehicles.
 (2) "Department" means the Texas Department of Motor
 Vehicles [Public Safety.
 [(2) "Director" means the public safety director].
 SECTION 3D.02. Section 521.042(e), Transportation Code, is
 amended to read as follows:
 (e) The commissioner [director] may maintain records
 required under this subchapter on microfilm or computer.
 SECTION 3D.03. Section 521.043, Transportation Code, is
 amended to read as follows:
 Sec. 521.043. ELIMINATION OF CERTAIN UNNECESSARY RECORDS.
 The department is not required to maintain records relating to a
 person if the commissioner [director] decides that the records are
 no longer necessary, except that the department shall maintain a
 record of a conviction as long as the record may be used:
 (1) as grounds for a license cancellation, suspension,
 revocation, or denial; or
 (2) in conjunction with other records of convictions,
 to establish that a person is a frequent violator of traffic laws.
 SECTION 3D.04. Section 521.163, Transportation Code, is
 amended to read as follows:
 Sec. 521.163. REEXAMINATION. (a) The commissioner
 [director] may require the holder of a license to be reexamined if
 the commissioner [director] determines that the holder is incapable
 of safely operating a motor vehicle.
 (b) The reexamination shall be conducted in the license
 holder's county of residence unless the holder and the commissioner
 [director] agree to a different location.
 SECTION 3D.05. Sections 521.165(a) and (c), Transportation
 Code, are amended to read as follows:
 (a) The commissioner [director] may certify and set
 standards for the certification of certain employers, government
 agencies, and other appropriate organizations to allow those
 persons to train and test for the ability to operate certain types
 of vehicles.
 (c) In issuing a driver's license for certain types of
 vehicles, the commissioner [director] may waive a driving test for
 an applicant who has successfully completed and passed the training
 and testing conducted by a person certified under Subsection (a).
 SECTION 3D.06. Section 521.294, Transportation Code, is
 amended to read as follows:
 Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
 REVOCATION. The department shall revoke the person's license if
 the department determines that the person:
 (1) is incapable of safely operating a motor vehicle;
 (2) has not complied with the terms of a citation
 issued by a jurisdiction that is a party to the Nonresident Violator
 Compact of 1977 for a traffic violation to which that compact
 applies;
 (3) has failed to provide medical records or has
 failed to undergo medical or other examinations as required by a
 panel of the medical advisory board;
 (4) has failed to pass an examination required by the
 commissioner [director] under this chapter;
 (5) has been reported by a court under Section
 521.3452 for failure to appear unless the court files an additional
 report on final disposition of the case;
 (6) has been reported within the preceding two years
 by a justice or municipal court for failure to appear or for a
 default in payment of a fine for a misdemeanor punishable only by
 fine, other than a failure reported under Section 521.3452,
 committed by a person who is at least 14 years of age but younger
 than 17 years of age when the offense was committed, unless the
 court files an additional report on final disposition of the case;
 or
 (7) has committed an offense in another state or
 Canadian province that, if committed in this state, would be
 grounds for revocation.
 SECTION 3D.07. Section 521.310(a), Transportation Code, is
 amended to read as follows:
 (a) If the commissioner [director] believes that a person
 who has been placed on probation under Section 521.309 has violated
 a term or condition of the probation, the commissioner [director]
 shall notify the person and summon the person to appear at a hearing
 in the court or before the presiding officer or judge who
 recommended that the person be placed on probation after notice as
 provided by Sections 521.295 and 521.296.
 SECTION 3D.08. Sections 521.344(e), (f), and (g),
 Transportation Code, are amended to read as follows:
 (e) After the date has passed, according to department
 records, for successful completion of the educational program
 designed to rehabilitate persons who operated motor vehicles while
 intoxicated, the commissioner [director] shall revoke the license
 of a person who does not successfully complete the program or, if
 the person is a resident without a license to operate a motor
 vehicle in this state, shall issue an order prohibiting the person
 from obtaining a license.
 (f) After the date has passed, according to department
 records, for successful completion of an educational program for
 repeat offenders as required by Section 13, Article 42.12, Code of
 Criminal Procedure, the commissioner [director] shall suspend the
 license of a person who does not successfully complete the program
 or, if the person is a resident without a license, shall issue an
 order prohibiting the person from obtaining a license.
 (g) A revocation, suspension, or prohibition order under
 Subsection (e) or (f) remains in effect until the department
 receives notice of successful completion of the educational
 program. The commissioner [director] shall promptly send notice of
 a revocation or prohibition order issued under Subsection (e) or
 (f) by first class mail to the person at the person's most recent
 address as shown in the records of the department. The notice must
 include the date of the revocation or prohibition order, the reason
 for the revocation or prohibition, and a statement that the person
 has the right to request in writing that a hearing be held on the
 revocation or prohibition. Notice is considered received on the
 fifth day after the date the notice is mailed. A revocation or
 prohibition under Subsection (e) or (f) takes effect on the 30th day
 after the date the notice is mailed. The person may request a
 hearing not later than the 20th day after the date the notice is
 mailed. If the department receives a request under this
 subsection, the department shall set the hearing for the earliest
 practical time and the revocation or prohibition does not take
 effect until resolution of the hearing.
 SECTION 3D.09. Section 521.3465(c), Transportation Code,
 is amended to read as follows:
 (c) If the person is a resident of this state without a
 driver's license to operate a motor vehicle, the commissioner
 [director] shall issue an order prohibiting the person from being
 issued a driver's license before the 181st day after the date of the
 conviction.
 SECTION 3D.10. Section 521.3466(b), Transportation Code,
 is amended to read as follows:
 (b) If the person is a resident of this state without a
 driver's license to operate a motor vehicle, the commissioner
 [director] shall issue an order prohibiting the person from being
 issued a driver's license until the second anniversary of the date
 of the conviction.
 SECTION 3D.11. Section 521.452(a), Transportation Code, is
 amended to read as follows:
 (a) After written approval by the commissioner [director],
 the department may issue to a law enforcement officer an alias
 driver's license to be used in supervised activities involving a
 criminal investigation.
 PART E. COMMERCIAL DRIVER'S LICENSES
 SECTION 3E.01. Section 522.003(8), Transportation Code, is
 amended to read as follows:
 (8) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 SECTION 3E.02. Section 522.007, Transportation Code, is
 amended to read as follows:
 Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
 commissioner of motor vehicles [public safety director] shall enter
 negotiations with an appropriate person or entity of a state
 bordering this state for the purpose of applying the exemption
 contained in Section 522.004(a)(1) to residents of that state.
 (b) The commissioner of motor vehicles [public safety
 director] may enter an agreement to apply the exemption contained
 in Section 522.004(a)(1) to residents of a bordering state only if
 that state extends a similar exemption to residents of this state.
 PART F. DRIVER'S LICENSE COMPACT OF 1993
 SECTION 3F.01. Sections 523.003(2) and (5), Transportation
 Code, are amended to read as follows:
 (2) "Executive director" means the commissioner of
 motor vehicles [director of the Department of Public Safety] or the
 equivalent officer of another state.
 (5) "Licensing authority" means the Texas Department
 of Motor Vehicles [Public Safety] or the equivalent agency of
 another state.
 PART G. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE
 TO PASS TEST FOR INTOXICATION
 SECTION 3G.01. Section 524.001(8), Transportation Code, is
 amended to read as follows:
 (8) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 SECTION 3G.02. Section 524.001(9), Transportation Code, is
 repealed.
 PART H. MOTORCYCLE AND BICYCLE AWARENESS
 SECTION 3H.01. Section 525.001(b), Transportation Code, is
 amended to read as follows:
 (b) The Texas Department of Motor Vehicles [Public Safety]
 shall include motorcycle and bicycle awareness information in any
 edition of the Texas driver's handbook [published after the
 department exhausts the supply of the handbook that the department
 had on September 1, 1993].
 PART I. SUBTITLE C, TITLE 7, DEFINITIONS
 SECTION 3I.01. Sections 541.002(1) and (2), Transportation
 Code, are amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Public Safety] acting directly or through its authorized
 officers and agents.
 (2) "Commissioner" ["Director"] means the
 commissioner of motor vehicles [public safety director].
 PART J. VEHICLE EQUIPMENT
 SECTION 3J.01. Section 547.104, Transportation Code, is
 amended to read as follows:
 Sec. 547.104. SLOW-MOVING-VEHICLE EMBLEM STANDARDS. The
 commissioner [director] shall adopt standards and specifications
 that:
 (1) apply to the color, size, and mounting position of
 a slow-moving-vehicle emblem; and
 (2) at the time adopted, correlate with and conform as
 closely as practicable to the standards and specifications adopted
 or approved by the American Society of Agricultural Engineers for a
 uniform emblem to identify a slow-moving vehicle.
 SECTION 3J.02. Section 547.802(c), Transportation Code, is
 amended to read as follows:
 (c) The commissioner [director] may require an inspection
 of a motor-driven cycle braking system and may disapprove a system
 that:
 (1) does not comply with the brake performance
 requirements in Section 547.408; or
 (2) is not designed or constructed to ensure
 reasonable and reliable performance during actual use.
 PART K. COMPULSORY INSPECTION OF VEHICLES
 SECTION 3K.01. Section 548.001(2), Transportation Code, is
 amended to read as follows:
 (2) "Commissioner" ["Commission"] means the
 commissioner of motor vehicles [Public Safety Commission].
 SECTION 3K.02. The heading to Section 548.301,
 Transportation Code, is amended to read as follows:
 Sec. 548.301. COMMISSIONER [COMMISSION] TO ESTABLISH
 PROGRAM.
 SECTION 3K.03. Sections 548.301(a), (b), and (b-1),
 Transportation Code, are amended to read as follows:
 (a) The commissioner [commission] shall establish a motor
 vehicle emissions inspection and maintenance program for vehicles
 as required by any law of the United States or the state's air
 quality state implementation plan.
 (b) The commissioner [commission] by rule may establish a
 motor vehicle emissions inspection and maintenance program for
 vehicles specified by the conservation commission in a county for
 which the conservation commission has adopted a resolution
 requesting the commission to establish such a program and for which
 the county and the municipality with the largest population in the
 county by resolution have formally requested a proactive air
 quality plan consisting of such a program.
 (b-1) The commissioner [commission] by rule may establish a
 motor vehicle emissions inspection and maintenance program for
 vehicles subject to an early action compact as defined by Section
 382.301, Health and Safety Code, that is consistent with the early
 action compact.
 SECTION 3K.04. Section 548.302, Transportation Code, is
 amended to read as follows:
 Sec. 548.302. COMMISSIONER [COMMISSION] TO ADOPT STANDARDS
 AND REQUIREMENTS. The commissioner [commission] shall:
 (1) adopt standards for emissions-related inspection
 criteria consistent with requirements of the United States and the
 conservation commission applicable to a county in which a program
 is established under this subchapter; and
 (2) develop and impose requirements necessary to
 ensure that an inspection certificate is not issued to a vehicle
 subject to a program established under this subchapter unless the
 vehicle has passed a motor vehicle emissions inspection at a
 facility authorized and certified by the department.
 SECTION 3K.05. Sections 548.407(a), (b), (f), (g), (h),
 (j), and (l), Transportation Code, are amended to read as follows:
 (a) Before an application for certification as an
 inspection station or inspector is denied, the commissioner
 [director] or a person the commissioner [director] designates shall
 give the person written notification of:
 (1) the proposed denial;
 (2) each reason for the proposed denial; and
 (3) the person's right to an administrative hearing to
 determine whether the evidence warrants the denial.
 (b) Before a certificate of appointment as an inspector or
 inspection station is revoked or suspended, the commissioner
 [director] or a person the commissioner [director] designates shall
 give written notification to the inspector or inspection station of
 the revocation or the period of suspension. The notice shall
 include:
 (1) the effective date of the revocation or the period
 of the suspension, as applicable;
 (2) each reason for the revocation or suspension; and
 (3) a statement explaining the person's right to an
 administrative hearing to determine whether the evidence warrants
 the revocation or suspension.
 (f) To obtain an administrative hearing on a denial,
 suspension, or revocation under this section, a person must submit
 a written request for a hearing to the commissioner [director] not
 later than the 20th day after the date notice is delivered
 personally or is mailed.
 (g) If the commissioner [director] receives a timely
 request under Subsection (f), the commissioner [director] shall
 provide the person with an opportunity for a hearing as soon as
 practicable. A hearing on a revocation or suspension under
 Subsection (d) that takes effect on receipt of the notice must be
 held not later than 14 days after the department receives the
 request for hearing. The revocation or suspension continues in
 effect until the hearing is completed if the hearing is continued
 beyond the 14-day period:
 (1) at the request of the inspector or inspection
 station; or
 (2) on a finding of good cause by a judge,
 administrative law judge, or hearing officer.
 (h) If the commissioner [director] does not receive a timely
 request under Subsection (f), the commissioner [director] may deny
 the application, revoke or suspend a certificate, or sustain the
 revocation or suspension of a certificate without a hearing.
 (j) The commissioner [director] or a person designated by
 the commissioner [director] shall conduct the hearing and may
 administer oaths and issue subpoenas for the attendance of
 witnesses and the production of relevant books, papers, or
 documents. If the hearing is conducted by a person designated by
 the commissioner [director], the commissioner [director] may take
 action under this section on a recommendation of the designated
 person.
 (l) If an administrative law judge of the State Office of
 Administrative Hearings conducts a hearing under this section and
 the proposal for decision supports the position of the department,
 the proposal for decision may recommend a denial of an application
 or a revocation or suspension of a certificate only. The proposal
 may not recommend a reprimand or a probated or otherwise deferred
 disposition of the denial, revocation, or suspension. If the
 administrative law judge makes a proposal for a decision to deny an
 application or to suspend or revoke a certificate, the
 administrative law judge shall include in the proposal a finding of
 the costs, fees, expenses, and reasonable and necessary attorney's
 fees the state incurred in bringing the proceeding. The
 commissioner [director] may adopt the finding for costs, fees, and
 expenses and make the finding a part of the final order entered in
 the proceeding. Proceeds collected from a finding made under this
 subsection shall be paid to the department.
 SECTION 3K.06. Section 548.408, Transportation Code, is
 amended to read as follows:
 Sec. 548.408. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION.
 (a) A person dissatisfied with the final decision of the
 commissioner [director] may appeal the decision by filing a
 petition as provided by Subchapter G, Chapter 2001, Government
 Code.
 (b) The district or county attorney or the attorney general
 shall represent the commissioner [director] in the appeal, except
 that an attorney who is a full-time employee of the department may
 represent the commissioner [director] in the appeal with the
 approval of the attorney general.
 (c) The court in which the appeal is filed shall:
 (1) set the matter for hearing after 10 days' written
 notice to the commissioner [director] and the attorney representing
 the commissioner [director]; and
 (2) determine whether an enforcement action of the
 commissioner [director] shall be suspended pending hearing and
 enter an order for the suspension.
 (d) The court order takes effect when served on the
 commissioner [director].
 (e) The commissioner [director] shall provide a copy of the
 petition and court order to the attorney representing the
 commissioner [director].
 (f) A stay under this section may not be effective for more
 than 90 days after the date the petition for appeal is filed. On the
 expiration of the stay, the commissioner's [director's] enforcement
 action shall be reinstated or imposed. The department or court may
 not extend the stay or grant an additional stay.
 (g) Judicial review of the final decision of the
 commissioner [director] is under the substantial evidence rule.
 SECTION 3K.07. Section 548.001(4), Transportation Code, is
 repealed.
 PART L. ACCIDENTS AND ACCIDENT REPORTS
 SECTION 3L.01. Subchapter A, Chapter 550, Transportation
 Code, is amended by adding Section 550.002 to read as follows:
 Sec. 550.002.  TABULATION AND ANALYSIS OF ACCIDENT REPORTS.
 The department shall:
 (1)  tabulate and analyze the vehicle accident reports
 it receives;
 (2)  annually or more frequently publish statistical
 information derived from the accident reports as to the number,
 cause, and location of highway accidents, including information
 regarding the number of accidents involving injury to, death of, or
 property damage to a bicyclist or pedestrian; and
 (3)  not later than December 15 of each even-numbered
 year provide to the governor and the legislature:
 (A)  an abstract of the statistical information
 for the biennium ending on the preceding August 31; and
 (B)  a report with the department's conclusions,
 findings, and recommendations for decreasing highway accidents and
 increasing highway safety.
 SECTION 3L.02. Section 550.063, Transportation Code, is
 amended to read as follows:
 Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
 written accident reports must be approved by the department [and
 the Department of Public Safety]. A person who is required to file
 a written accident report shall report on the appropriate form and
 shall disclose all information required by the form unless the
 information is not available.
 SECTION 3L.03. Section 550.0601, Transportation Code, is
 repealed.
 PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
 SECTION 3M.01. Section 601.002(1), Transportation Code, is
 amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 SECTION 3M.02. Section 601.233(a), Transportation Code, is
 amended to read as follows:
 (a) A citation for an offense under Section 601.191 issued
 as a result of Section 601.053 must include, in type larger than
 other type on the citation, except for the type of the statement
 required by Section 708.105, the following statement:
 "A second or subsequent conviction of an offense
 under the Texas Motor Vehicle Safety Responsibility
 Act will result in the suspension of your driver's
 license and motor vehicle registration unless you file
 and maintain evidence of financial responsibility with
 the Texas Department of Motor Vehicles [Public Safety]
 for two years from the date of conviction. The
 department may waive the requirement to file evidence
 of financial responsibility if you file satisfactory
 evidence with the department showing that at the time
 this citation was issued, the vehicle was covered by a
 motor vehicle liability insurance policy or that you
 were otherwise exempt from the requirements to provide
 evidence of financial responsibility."
 SECTION 3M.03. Section 601.373(b), Transportation Code, is
 amended to read as follows:
 (b) The department may direct a department employee to
 obtain and send to the department the driver's license and vehicle
 registration of a person who fails to send the person's license or
 registration in accordance with Section 601.372. The commissioner
 [director] of motor vehicles [the department] or the person
 designated by the commissioner [director] may file a complaint
 against a person for an offense under Subsection (a).
 PART N. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
 SECTION 3N.01. Section 621.201(a), Transportation Code, is
 amended to read as follows:
 (a) The total width of a vehicle operated on a public
 highway other than a vehicle to which Subsection (b) applies,
 including a load on the vehicle but excluding any safety device
 determined by the United States Department of Transportation or the
 Texas Department of Motor Vehicles [Public Safety] to be necessary
 for the safe and efficient operation of motor vehicles of that type,
 may not be greater than 102 inches.
 SECTION 3N.02. Section 621.204(c), Transportation Code, is
 amended to read as follows:
 (c) The limitations prescribed by this section do not
 include any safety device determined by regulation of the United
 States Department of Transportation or by rule of the Texas
 Department of Motor Vehicles [Public Safety] to be necessary for
 the safe and efficient operation of motor vehicles.
 PART O. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
 SECTION 3O.01. Section 648.002, Transportation Code, is
 amended to read as follows:
 Sec. 648.002. RULES. In addition to rules required by this
 chapter, the Texas Department of Transportation, the Texas
 Department of Motor Vehicles [Public Safety], and the Texas
 Department of Insurance may adopt other rules to carry out this
 chapter.
 PART P. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND
 PASSENGERS
 SECTION 3P.01. Section 661.001(2), Transportation Code, is
 amended to read as follows:
 (2) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 PART Q. MOTORCYCLE OPERATOR TRAINING AND SAFETY
 SECTION 3Q.01. Section 662.011(a), Transportation Code, is
 amended to read as follows:
 (a) Of each fee collected under Sections 521.421(b) and (f),
 Sections 522.029(f) and (g), and Section 661.003(d), the Texas
 Department of Motor Vehicles [Public Safety] shall send $5 to the
 comptroller for deposit to the credit of the motorcycle education
 fund account.
 PART R. ALL-TERRAIN VEHICLES
 SECTION 3R.01. Section 663.037(e), Transportation Code, is
 amended to read as follows:
 (e) The commissioner of motor vehicles [director of the
 Department of Public Safety] shall adopt standards and
 specifications that apply to the color, size, and mounting position
 of the flag required under Subsections (d)(2) and (g)(2).
 PART S. MISCELLANEOUS PROVISIONS
 SECTION 3S.01. Section 680.001(1), Transportation Code, is
 amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 PART T. ABANDONED MOTOR VEHICLES
 SECTION 3T.01. Section 683.051, Transportation Code, is
 amended to read as follows:
 Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
 CERTAIN MOTOR VEHICLES. A person may apply to the department for
 authority:
 (1) to sell, give away, or dispose of a motor vehicle
 to a motor vehicle demolisher if:
 (A) the person owns the motor vehicle and the
 certificate of title to the vehicle is lost, destroyed, or faulty;
 or
 (B) the vehicle is an abandoned motor vehicle and
 is:
 (i) in the possession of the person; or
 (ii) located on property owned by the
 person; or
 (2) to dispose of a motor vehicle to a motor vehicle
 demolisher for demolition, wrecking, or dismantling if:
 (A) the abandoned motor vehicle:
 (i) is in the possession of the person;
 (ii) is more than eight years old;
 (iii) either has no motor or is otherwise
 totally inoperable or does not comply with all applicable air
 pollution emissions control related requirements included in: (aa)
 the vehicle inspection requirements under Chapter 548, as evidenced
 by a current inspection certificate affixed to the vehicle
 windshield; or (bb) the vehicle emissions inspection and
 maintenance requirements contained in the commissioner of motor
 vehicle's [Public Safety Commission's] motor vehicle emissions
 inspection and maintenance program under Subchapter F, Chapter 548,
 or the state's air quality state implementation plan; and
 (iv) was authorized to be towed by a law
 enforcement agency; and
 (B) the law enforcement agency approves the
 application.
 PART U. NONRESIDENT VIOLATOR COMPACT OF 1977
 SECTION 3U.01. Section 703.001(2), Transportation Code, is
 amended to read as follows:
 (2) "Department" and "licensing authority" mean the
 Texas Department of Motor Vehicles [Public Safety].
 PART V. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR
 SECTION 3V.01. Section 706.001(2), Transportation Code, is
 amended to read as follows:
 (2) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 PART W. IMPLIED CONSENT
 SECTION 3W.01. Section 724.001(7), Transportation Code, is
 amended to read as follows:
 (7) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 SECTION 3W.02. Sections 724.032(a) and (b), Transportation
 Code, are amended to read as follows:
 (a) If a person refuses to submit to the taking of a
 specimen, whether expressly or because of an intentional failure of
 the person to give the specimen, the peace officer shall:
 (1) serve notice of license suspension or denial on
 the person;
 (2) take possession of any license issued by this
 state and held by the person arrested;
 (3) issue a temporary driving permit to the person
 unless department records show or the officer otherwise determines
 that the person does not hold a license to operate a motor vehicle
 in this state; and
 (4) make a written report of the refusal to the
 commissioner [director] of motor vehicles [the department].
 (b) The commissioner [director] must approve the form of the
 refusal report. The report must:
 (1) show the grounds for the officer's belief that the
 person had been operating a motor vehicle or watercraft powered
 with an engine having a manufacturer's rating of 50 horsepower or
 above while intoxicated; and
 (2) contain a copy of:
 (A) the refusal statement requested under
 Section 724.031; or
 (B) a statement signed by the officer that the
 person refused to:
 (i) submit to the taking of the requested
 specimen; and
 (ii) sign the requested statement under
 Section 724.031.
 ARTICLE 4. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
 TRANSPORTATION IN OTHER CODES
 PART A. BUSINESS & COMMERCE CODE
 SECTION 4A.01. Section 51.003(b), Business & Commerce Code,
 as effective April 1, 2009, is amended to read as follows:
 (b) In this chapter, "business opportunity" does not
 include:
 (1) the sale or lease of an established and ongoing
 business or enterprise that has actively conducted business before
 the sale or lease, whether composed of one or more than one
 component business or enterprise, if the sale or lease represents
 an isolated transaction or series of transactions involving a bona
 fide change of ownership or control of the business or enterprise or
 liquidation of the business or enterprise;
 (2) a sale by a retailer of goods or services under a
 contract or other agreement to sell the inventory of one or more
 ongoing leased departments to a purchaser who is granted the right
 to sell the goods or services within or adjoining a retail business
 establishment as a department or division of the retail business
 establishment;
 (3) a transaction that is:
 (A) regulated by the Texas Department of
 Licensing and Regulation, the Texas Department of Insurance, the
 Texas Real Estate Commission, or the commissioner of motor vehicles
 [director of the Motor Vehicle Division of the Texas Department of
 Transportation]; and
 (B) engaged in by a person licensed by one of
 those agencies;
 (4) a real estate syndication;
 (5) a sale or lease to a business enterprise that also
 sells or leases products, equipment, or supplies or performs
 services:
 (A) that are not supplied by the seller; and
 (B) that the purchaser does not use with the
 seller's products, equipment, supplies, or services;
 (6) the offer or sale of a franchise as described by
 the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
 seq.) and its subsequent amendments;
 (7) the offer or sale of a business opportunity if the
 seller:
 (A) has a net worth of $25 million or more
 according to the seller's audited balance sheet as of a date not
 earlier than the 13th month before the date of the transaction; or
 (B) is at least 80 percent owned by another
 person who:
 (i) in writing unconditionally guarantees
 performance by the person offering the business opportunity plan;
 and
 (ii) has a net worth of more than $25
 million according to the person's most recent audited balance sheet
 as of a date not earlier than the 13th month before the date of the
 transaction; or
 (8) an arrangement defined as a franchise by 16 C.F.R.
 Section 436.2(a) and its subsequent amendments if:
 (A) the franchisor complies in all material
 respects in this state with 16 C.F.R. Part 436 and each order or
 other action of the Federal Trade Commission; and
 (B) before offering for sale or selling a
 franchise in this state, a person files with the secretary of state
 a notice containing:
 (i) the name of the franchisor;
 (ii) the name under which the franchisor
 intends to transact business; and
 (iii) the franchisor's principal business
 address.
 SECTION 4A.02. Section 105.004(b), Business & Commerce
 Code, as effective April 1, 2009, is amended to read as follows:
 (b) The Texas Department of Motor Vehicles [Transportation]
 shall provide a notice that states the provisions of this chapter to
 each person with a disability who is issued:
 (1) license plates under Section 504.201,
 Transportation Code; or
 (2) a disabled parking placard under Section 681.004,
 Transportation Code.
 PART B. CODE OF CRIMINAL PROCEDURE
 SECTION 4B.01. Section 1(1), Article 42.22, Code of
 Criminal Procedure, is amended to read as follows:
 (1) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 SECTION 4B.02. Article 59.04(c), Code of Criminal
 Procedure, is amended to read as follows:
 (c) If the property is a motor vehicle, and if there is
 reasonable cause to believe that the vehicle has been registered
 under the laws of this state, the attorney representing the state
 shall ask the Texas Department of Motor Vehicles [Transportation]
 to identify from its records the record owner of the vehicle and any
 interest holder. If the addresses of the owner and interest holder
 are not otherwise known, the attorney representing the state shall
 request citation be served on such persons at the address listed
 with the Texas Department of Motor Vehicles [Transportation]. If
 the citation issued to such address is returned unserved, the
 attorney representing the state shall cause a copy of the notice of
 the seizure and intended forfeiture to be posted at the courthouse
 door, to remain there for a period of not less than 30 days. If the
 owner or interest holder does not answer or appear after the notice
 has been so posted, the court shall enter a judgment by default as
 to the owner or interest holder, provided that the attorney
 representing the state files a written motion supported by
 affidavit setting forth the attempted service. An owner or
 interest holder whose interest is forfeited in this manner shall
 not be liable for court costs. If the person in possession of the
 vehicle at the time of the seizure is not the owner or the interest
 holder of the vehicle, notification shall be provided to the
 possessor in the same manner specified for notification to an owner
 or interest holder.
 PART C. FAMILY CODE
 SECTION 4C.01. Section 157.316(b), Family Code, is amended
 to read as follows:
 (b) If a lien established under this subchapter attaches to
 a motor vehicle, the lien must be perfected in the manner provided
 by Chapter 501, Transportation Code, and the court or Title IV-D
 agency that rendered the order of child support shall include in the
 order a requirement that the obligor surrender to the court or Title
 IV-D agency evidence of the legal ownership of the motor vehicle
 against which the lien may attach. A lien against a motor vehicle
 under this subchapter is not perfected until the obligor's title to
 the vehicle has been surrendered to the court or Title IV-D agency
 and the Texas Department of Motor Vehicles [Transportation] has
 issued a subsequent title that discloses on its face the fact that
 the vehicle is subject to a child support lien under this
 subchapter.
 SECTION 4C.02. Section 232.0022(a), Family Code, is amended
 to read as follows:
 (a) The Texas Department of Motor Vehicles [Transportation]
 is the appropriate licensing authority for suspension or nonrenewal
 of a motor vehicle registration under this chapter.
 SECTION 4C.03. Section 232.014(b), Family Code, is amended
 to read as follows:
 (b) A fee collected by the Texas Department of Motor
 Vehicles [Transportation] or the Department of Public Safety shall
 be deposited to the credit of the state highway fund.
 SECTION 4C.04. Section 264.502(b), Family Code, is amended
 to read as follows:
 (b) The members of the committee who serve under Subsections
 (a)(1) through (3) shall select the following additional committee
 members:
 (1) a criminal prosecutor involved in prosecuting
 crimes against children;
 (2) a sheriff;
 (3) a justice of the peace;
 (4) a medical examiner;
 (5) a police chief;
 (6) a pediatrician experienced in diagnosing and
 treating child abuse and neglect;
 (7) a child educator;
 (8) a child mental health provider;
 (9) a public health professional;
 (10) a child protective services specialist;
 (11) a sudden infant death syndrome family service
 provider;
 (12) a neonatologist;
 (13) a child advocate;
 (14) a chief juvenile probation officer;
 (15) a child abuse prevention specialist;
 (16) a representative of the Department of Public
 Safety; and
 (17) a representative of the Texas Department of Motor
 Vehicles [Transportation].
 PART D. FINANCE CODE
 SECTION 4D.01. Section 306.001(9), Finance Code, is amended
 to read as follows:
 (9) "Qualified commercial loan":
 (A) means:
 (i) a commercial loan in which one or more
 persons as part of the same transaction lends, advances, borrows,
 or receives, or is obligated to lend or advance or entitled to
 borrow or receive, money or credit with an aggregate value of:
 (a) $3 million or more if the
 commercial loan is secured by real property; or
 (b) $250,000 or more if the commercial
 loan is not secured by real property and, if the aggregate value of
 the commercial loan is less than $500,000, the loan documents
 contain a written certification from the borrower that:
 (1) the borrower has been
 advised by the lender to seek the advice of an attorney and an
 accountant in connection with the commercial loan; and
 (2) the borrower has had
 the opportunity to seek the advice of an attorney and accountant of
 the borrower's choice in connection with the commercial loan; and
 (ii) a renewal or extension of a commercial
 loan described by Paragraph (A), regardless of the principal amount
 of the loan at the time of the renewal or extension; and
 (B) does not include a commercial loan made for
 the purpose of financing a business licensed by the [Motor Vehicle
 Board of the] Texas Department of Motor Vehicles [Transportation]
 under Section 2301.251(a), Occupations Code.
 SECTION 4D.02. Section 348.001(10-a), Finance Code, is
 amended to read as follows:
 (10-a) "Towable recreation vehicle" means a
 nonmotorized vehicle that:
 (A) was originally designed and manufactured
 primarily to provide temporary human habitation in conjunction with
 recreational, camping, or seasonal use;
 (B) is titled and registered with the Texas
 Department of Motor Vehicles [Transportation] as a travel trailer
 through a county tax assessor-collector;
 (C) is permanently built on a single chassis;
 (D) contains at least one life support system;
 and
 (E) is designed to be towable by a motor vehicle.
 SECTION 4D.03. Section 348.518, Finance Code, is amended to
 read as follows:
 Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
 enforcement of law and minimization of regulatory burdens, the
 commissioner and the Texas Department of Motor Vehicles
 [Transportation] may share information, including criminal history
 information, relating to a person licensed under this chapter.
 Information otherwise confidential remains confidential after it
 is shared under this section.
 PART E. GOVERNMENT CODE
 SECTION 4E.01. Section 411.122(d), Government Code, is
 amended to read as follows:
 (d) The following state agencies are subject to this
 section:
 (1) Texas Appraiser Licensing and Certification
 Board;
 (2) Texas Board of Architectural Examiners;
 (3) Texas Board of Chiropractic Examiners;
 (4) State Board of Dental Examiners;
 (5) Texas Board of Professional Engineers;
 (6) Texas Funeral Service Commission;
 (7) Texas Board of Professional Geoscientists;
 (8) Department of State Health Services, except as
 provided by Section 411.110, and agencies attached to the
 department, including:
 (A) Texas State Board of Examiners of Dietitians;
 (B) Texas State Board of Examiners of Marriage
 and Family Therapists;
 (C) Midwifery Board;
 (D) Texas State Board of Examiners of
 Perfusionists;
 (E) Texas State Board of Examiners of
 Professional Counselors;
 (F) Texas State Board of Social Worker Examiners;
 (G) State Board of Examiners for Speech-Language
 Pathology and Audiology;
 (H) Advisory Board of Athletic Trainers;
 (I) State Committee of Examiners in the Fitting
 and Dispensing of Hearing Instruments;
 (J) Texas Board of Licensure for Professional
 Medical Physicists; and
 (K) Texas Board of Orthotics and Prosthetics;
 (9) Texas Board of Professional Land Surveying;
 (10) Texas Department of Licensing and Regulation,
 except as provided by Section 411.093;
 (11) Texas Commission on Environmental Quality;
 (12) Texas Board of Occupational Therapy Examiners;
 (13) Texas Optometry Board;
 (14) Texas State Board of Pharmacy;
 (15) Texas Board of Physical Therapy Examiners;
 (16) Texas State Board of Plumbing Examiners;
 (17) Texas State Board of Podiatric Medical Examiners;
 (18) Polygraph Examiners Board;
 (19) Texas State Board of Examiners of Psychologists;
 (20) Texas Real Estate Commission;
 (21) Board of Tax Professional Examiners;
 (22) Texas Department of Transportation;
 (23) State Board of Veterinary Medical Examiners;
 (24) Texas Department of Housing and Community
 Affairs;
 (25) secretary of state;
 (26) state fire marshal;
 (27) Texas Education Agency; [and]
 (28) Department of Agriculture; and
 (29) Texas Department of Motor Vehicles.
 SECTION 4E.02. Section 531.02414(c), Government Code, is
 amended to read as follows:
 (c) Notwithstanding any other law, the commission may not
 delegate the commission's duty to supervise the medical
 transportation program to any other person, including through a
 contract with the Texas Department of Motor Vehicles
 [Transportation] for the department to assume any of the
 commission's responsibilities relating to the provision of
 services through that program.
 SECTION 4E.03. Section 659.082(a), Government Code, is
 amended to read as follows:
 (a) An employee is entitled to be paid employment
 compensation twice a month if:
 (1) the employee is employed by:
 (A) the Texas Department of Mental Health and
 Mental Retardation;
 (B) the Texas Department of Transportation;
 (C) the Texas Department of Human Services;
 (D) the Texas Workforce Commission;
 (E) the Department of Public Safety; [or]
 (F) the Texas Department of Motor Vehicles; or
 (G) any other state agency designated by the
 comptroller;
 (2) the employee holds a classified position under the
 state's position classification plan;
 (3) the employee's position is classified below salary
 group A12 under classification salary Schedule A in the General
 Appropriations Act;
 (4) the employing state agency satisfies the
 comptroller's requirements relating to the payment of compensation
 twice a month; and
 (5) at least 30 percent of the eligible employees of
 the agency choose to be paid twice a month.
 PART F. HEALTH AND SAFETY CODE
 SECTION 4F.01. Section 382.209(e), Health and Safety Code,
 is amended to read as follows:
 (e) A vehicle is not eligible to participate in a low-income
 vehicle repair assistance, retrofit, and accelerated vehicle
 retirement program established under this section unless:
 (1) the vehicle is capable of being operated;
 (2) the registration of the vehicle:
 (A) is current; and
 (B) reflects that the vehicle has been registered
 in the county implementing the program for the 12 months preceding
 the application for participation in the program;
 (3) the commissioners court of the county
 administering the program determines that the vehicle meets the
 eligibility criteria adopted by the commission, the Texas
 Department of Motor Vehicles [Transportation], and the Public
 Safety Commission;
 (4) if the vehicle is to be repaired, the repair is
 done by a repair facility recognized by the Department of Public
 Safety, which may be an independent or private entity licensed by
 the state; and
 (5) if the vehicle is to be retired under this
 subsection and Section 382.213, the replacement vehicle is a
 qualifying motor vehicle.
 SECTION 4F.02. Section 382.210(f), Health and Safety Code,
 is amended to read as follows:
 (f) In this section, "total cost" means the total amount of
 money paid or to be paid for the purchase of a motor vehicle as set
 forth as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of Motor
 Vehicles [Transportation]. In a transaction that does not involve
 the use of that form, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Title if that form were involved.
 SECTION 4F.03. Section 461.017(a), Health and Safety Code,
 is amended to read as follows:
 (a) The Drug Demand Reduction Advisory Committee is
 composed of the following members:
 (1) five representatives of the public from different
 geographic regions of the state who have knowledge and expertise in
 issues relating to reducing drug demand and who are appointed by the
 executive director of the Texas Commission on Alcohol and Drug
 Abuse; and
 (2) one representative of each of the following
 agencies or offices who is appointed by the executive director or
 commissioner of the agency or office and who is directly involved in
 the agency's or office's policies, programs, or funding activities
 relating to reducing drug demand:
 (A) the criminal justice division of the
 governor's office;
 (B) the Criminal Justice Policy Council;
 (C) the Department of Protective and Regulatory
 Services;
 (D) the Department of Public Safety of the State
 of Texas;
 (E) the Health and Human Services Commission;
 (F) the Texas Alcoholic Beverage Commission;
 (G) the Texas Commission on Alcohol and Drug
 Abuse;
 (H) the Texas Council on Offenders with Mental
 Impairments;
 (I) the Texas Department of Criminal Justice;
 (J) the Texas Department of Health;
 (K) the Texas Department of Human Services;
 (L) the Texas Department of Mental Health and
 Mental Retardation;
 (M) the Texas Education Agency;
 (N) the Texas Juvenile Probation Commission;
 (O) the Texas Youth Commission;
 (P) the Texas Rehabilitation Commission;
 (Q) the Texas Workforce Commission;
 (R) the Texas Department of Motor Vehicles
 [Transportation];
 (S) the comptroller of public accounts; and
 (T) the adjutant general's department.
 PART G. HUMAN RESOURCES CODE
 SECTION 4G.01. Section 22.041, Human Resources Code, is
 amended to read as follows:
 Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
 other provision of this code, the department may use information
 obtained from a third party to verify the assets and resources of a
 person for purposes of determining the person's eligibility and
 need for medical assistance, financial assistance, or nutritional
 assistance. Third-party information includes information obtained
 from:
 (1) a consumer reporting agency, as defined by Section
 20.01, Business & Commerce Code;
 (2) an appraisal district; or
 (3) the Texas Department of Motor Vehicles
 [Transportation's] vehicle registration record database.
 SECTION 4G.02. Section 32.026(g), Human Resources Code, is
 amended to read as follows:
 (g) Notwithstanding any other provision of this code, the
 department may use information obtained from a third party to
 verify the assets and resources of a person for purposes of
 determining the person's eligibility and need for medical
 assistance. Third-party information includes information obtained
 from:
 (1) a consumer reporting agency, as defined by Section
 20.01, Business & Commerce Code;
 (2) an appraisal district; or
 (3) the Texas Department of Motor Vehicles
 [Transportation's] vehicle registration record database.
 PART H. LOCAL GOVERNMENT CODE
 SECTION 4H.01. Section 130.006, Local Government Code, is
 amended to read as follows:
 Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
 CHECKS AND INVOICES. A county tax assessor-collector may establish
 procedures for the collection of dishonored checks and credit card
 invoices. The procedures may include:
 (1) official notification to the maker that the check
 or invoice has not been honored and that the receipt, registration,
 certificate, or other instrument issued on the receipt of the check
 or invoice is not valid until payment of the fee or tax is made;
 (2) notification of the sheriff or other law
 enforcement officers that a check or credit card invoice has not
 been honored and that the receipt, registration, certificate, or
 other instrument held by the maker is not valid; and
 (3) notification to the Texas Department of Motor
 Vehicles [Transportation], the comptroller of public accounts, or
 the Department of Public Safety that the receipt, registration,
 certificate, or other instrument held by the maker is not valid.
 SECTION 4H.02. Section 130.007, Local Government Code, is
 amended to read as follows:
 Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
 ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
 remitted to the comptroller or the Texas Department of Motor
 Vehicles [Transportation] and if payment was made to the county tax
 assessor-collector by a check that was not honored by the drawee
 bank or by a credit card invoice that was not honored by the credit
 card issuer, the amount of the fee or tax is not required to be
 remitted, but the assessor-collector shall notify the appropriate
 department of:
 (1) the amount of the fee or tax;
 (2) the type of fee or tax involved; and
 (3) the name and address of the maker.
 (b) The Texas Department of Motor Vehicles [Transportation]
 and the comptroller shall assist the county tax assessor-collector
 in collecting the fee or tax and may cancel or revoke any receipt,
 registration, certificate, or other instrument issued in the name
 of the state conditioned on the payment of the fee or tax.
 SECTION 4H.03. Section 130.008, Local Government Code, is
 amended to read as follows:
 Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
 SUBCHAPTER. If the comptroller or the Texas Department of Motor
 Vehicles [Transportation] determines that the county tax
 assessor-collector has accepted payment for fees and taxes to be
 remitted to that department in violation of Section 130.004 or that
 more than two percent of the fees and taxes to be received from the
 assessor-collector are not remitted because of the acceptance of
 checks that are not honored by the drawee bank or of credit card
 invoices that are not honored by the credit card issuer, the
 department may notify the assessor-collector that the
 assessor-collector may not accept a check or credit card invoice
 for the payment of any fee or tax to be remitted to that department.
 A county tax assessor-collector who accepts a check or credit card
 invoice for the payment of a fee or tax, after notice that the
 assessor-collector may not receive a check or credit card invoice
 for the payment of fees or taxes to be remitted to a department, is
 liable to the state for the amount of the check or credit card
 invoice accepted.
 SECTION 4H.04. Section 130.009, Local Government Code, is
 amended to read as follows:
 Sec. 130.009. STATE RULES. The comptroller and the Texas
 Department of Motor Vehicles [Transportation] may make rules
 concerning the acceptance of checks or credit card invoices by a
 county tax assessor-collector and for the collection of dishonored
 checks or credit card invoices.
 PART I. OCCUPATIONS CODE
 SECTION 4I.01. Section 554.009(c), Occupations Code, is
 amended to read as follows:
 (c) The board may register a vehicle with the Texas
 Department of Motor Vehicles [Transportation] in an alias name only
 for investigative personnel.
 SECTION 4I.02. Sections 2301.002(7), (9), (16), (17),
 (17-a), (18), (25), (26), and (31), Occupations Code, are amended
 to read as follows:
 (7) "Dealer" means a person who holds a general
 distinguishing number issued by the commissioner [board] under
 Chapter 503, Transportation Code.
 (9) "Department" means the Texas Department of Motor
 Vehicles [Transportation].
 (16) "Franchised dealer" means a person who:
 (A) holds a franchised motor vehicle dealer's
 license issued by the commissioner [board] under Chapter 503,
 Transportation Code; and
 (B) is engaged in the business of buying,
 selling, or exchanging new motor vehicles and servicing or
 repairing motor vehicles under a manufacturer's warranty at an
 established and permanent place of business under a franchise in
 effect with a manufacturer or distributor.
 (17) "General distinguishing number" means a dealer
 license issued by the commissioner [board] under Chapter 503,
 Transportation Code.
 (17-a) "Independent mobility motor vehicle dealer"
 means a nonfranchised dealer who:
 (A) holds a general distinguishing number issued
 by the commissioner [board] under Chapter 503, Transportation Code;
 (B) holds a converter's license issued under this
 chapter;
 (C) is engaged in the business of buying,
 selling, or exchanging mobility motor vehicles and servicing or
 repairing the devices installed on mobility motor vehicles at an
 established and permanent place of business in this state; and
 (D) is certified by the manufacturer of each
 mobility device that the dealer installs, if the manufacturer
 offers that certification.
 (18) "License holder" means a person who holds a
 license or general distinguishing number issued by the commissioner
 [board] under this chapter or Chapter 503, Transportation Code.
 (25) "Nonfranchised dealer" means a person who holds
 an independent motor vehicle dealer's general distinguishing
 number, an independent mobility motor vehicle dealer's general
 distinguishing number, or a wholesale motor vehicle dealer's
 general distinguishing number issued by the commissioner [board]
 under Chapter 503, Transportation Code.
 (26) "Party" means a person or agency named or
 admitted as a party and whose legal rights, duties, or privileges
 are to be determined by the commissioner [board] after an
 opportunity for adjudicative hearing.
 (31) "Rule":
 (A) means a statement by the commissioner [board]
 of general applicability that:
 (i) implements, interprets, or prescribes
 law or policy; or
 (ii) describes the procedure or practice
 requirements of the commissioner [board];
 (B) includes the amendment or repeal of a prior
 rule; and
 (C) does not include a statement regarding only
 the internal management or organization of the commissioner [board]
 and not affecting the rights of a person not connected with the
 commissioner [board].
 SECTION 4I.03. The heading to Subchapter C, Chapter 2301,
 Occupations Code, is amended to read as follows:
 SUBCHAPTER C. COMMISSIONER [DIRECTOR] AND OTHER DIVISION PERSONNEL
 SECTION 4I.04. Section 2301.101, Occupations Code, is
 amended to read as follows:
 Sec. 2301.101. COMMISSIONER [DIRECTOR]. [(a)] The
 commissioner [director is the division's chief executive and
 administrative officer and] shall administer and enforce this
 chapter.
 [(b)     The director must be licensed to practice law in this
 state.
 [(c)     The director serves at the will of the executive
 director.]
 SECTION 4I.05. Section 2301.105, Occupations Code, is
 amended to read as follows:
 Sec. 2301.105. CAREER LADDER PROGRAM; PERFORMANCE
 EVALUATIONS. (a) The commissioner [director] or the
 commissioner's [director's] designee shall develop an intra-agency
 career ladder program that addresses opportunities for mobility and
 advancement of employees in the division. The program must require
 intra-agency postings of all positions concurrently with any public
 posting.
 (b) The commissioner [director] or the commissioner's
 [director's] designee shall develop a system of annual performance
 evaluations based on documented employee performance. All merit
 pay for employees of the division must be based on the system
 established under this subsection.
 SECTION 4I.06. Section 2301.106(a), Occupations Code, is
 amended to read as follows:
 (a) The commissioner [director] or the commissioner's
 [director's] designee shall prepare and maintain a written policy
 statement to ensure implementation of an equal employment
 opportunity program under which all personnel transactions are made
 without regard to race, color, disability, sex, religion, age, or
 national origin. The policy statement must include:
 (1) personnel policies, including policies relating
 to recruitment, evaluation, selection, appointment, training, and
 promotion of personnel that comply with Chapter 21, Labor Code;
 (2) a comprehensive analysis of the division workforce
 that meets federal and state laws, rules, and regulations and
 instructions adopted directly under those laws, rules, or
 regulations;
 (3) procedures by which a determination can be made of
 significant underuse in the division workforce of all persons for
 whom federal or state laws, rules, and regulations and instructions
 adopted directly under those laws, rules, or regulations encourage
 a more equitable balance; and
 (4) reasonable methods to appropriately address those
 areas of significant underuse.
 SECTION 4I.07. The heading to Subchapter D, Chapter 2301,
 Occupations Code, is amended to read as follows:
 SUBCHAPTER D. COMMISSIONER [BOARD] POWERS AND DUTIES
 SECTION 4I.08. Section 2301.151, Occupations Code, is
 amended to read as follows:
 Sec. 2301.151. GENERAL JURISDICTION OF COMMISSIONER
 [BOARD]. (a) The commissioner [board] has the exclusive original
 jurisdiction to regulate those aspects of the distribution, sale,
 or lease of motor vehicles that are governed by this chapter,
 including the original jurisdiction to determine its own
 jurisdiction.
 (b) The commissioner [board] may take any action that is
 specifically designated or implied under this chapter or that is
 necessary or convenient to the exercise of the power and
 jurisdiction granted under Subsection (a).
 SECTION 4I.09. Section 2301.152, Occupations Code, is
 amended to read as follows:
 Sec. 2301.152. GENERAL DUTIES OF COMMISSIONER [BOARD]. (a)
 In accordance with this chapter, the commissioner [board] shall:
 (1) administer this chapter;
 (2) establish the qualifications of license holders;
 (3) ensure that the distribution, sale, and lease of
 motor vehicles is conducted as required by this chapter and
 commissioner [board] rules;
 (4) provide for compliance with warranties; and
 (5) prevent fraud, unfair practices, discrimination,
 impositions, and other abuses in connection with the distribution
 and sale of motor vehicles.
 (b) In addition to the duties delegated to the commissioner
 [board] under this chapter, the commissioner [board] shall enforce
 and administer Chapter 503, Transportation Code.
 SECTION 4I.10. Section 2301.153, Occupations Code, is
 amended to read as follows:
 Sec. 2301.153. GENERAL POWERS OF COMMISSIONER [BOARD]. (a)
 Notwithstanding any other provision of law, the commissioner
 [board] has all powers necessary, incidental, or convenient to
 perform a power or duty expressly granted under this chapter,
 including the power to:
 (1) initiate and conduct proceedings, investigations,
 or hearings;
 (2) administer oaths;
 (3) receive evidence and pleadings;
 (4) issue subpoenas to compel the attendance of any
 person;
 (5) order the production of any tangible property,
 including papers, records, or other documents;
 (6) make findings of fact on all factual issues
 arising out of a proceeding initiated under this chapter;
 (7) specify and govern appearance, practice, and
 procedures before the commissioner [board];
 (8) adopt rules and issue conclusions of law and
 decisions, including declaratory decisions or orders;
 (9) enter into contracts;
 (10) execute instruments;
 (11) retain counsel;
 (12) use the services of the attorney general and
 institute and direct the conduct of legal proceedings in any forum;
 (13) obtain other professional services as necessary
 and convenient;
 (14) impose a sanction for contempt;
 (15) assess and collect fees and costs, including
 attorney's fees;
 (16) issue, suspend, or revoke licenses;
 (17) prohibit and regulate acts and practices in
 connection with the distribution and sale of motor vehicles or
 warranty performance obligations;
 (18) issue cease and desist orders in the nature of
 temporary or permanent injunctions;
 (19) impose a civil penalty;
 (20) enter an order requiring a person to:
 (A) pay costs and expenses of a party in
 connection with an order entered under Section 2301.465;
 (B) perform an act other than the payment of
 money; or
 (C) refrain from performing an act; and
 (21) enforce a commissioner [board] order.
 (b) The commissioner [board] may inspect the books and
 records of a license holder in connection with the performance of
 the commissioner's [its] duties under this chapter.
 SECTION 4I.11. Section 2301.154, Occupations Code, is
 amended to read as follows:
 Sec. 2301.154. DELEGATION OF POWERS. The commissioner
 [director] may delegate any of the commissioner's [director's]
 powers to one or more of the division's employees.
 SECTION 4I.12. Section 2301.155, Occupations Code, is
 amended to read as follows:
 Sec. 2301.155. RULES. The authority to adopt rules under
 this chapter is vested in the commissioner [board]. In accordance
 with this chapter and the rules, decisions, and orders of the
 commissioner [board], the commissioner [board] shall adopt rules as
 necessary or convenient to administer this chapter and to govern
 practice and procedure before the commissioner [board].
 SECTION 4I.13. Section 2301.156, Occupations Code, is
 amended to read as follows:
 Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
 other law to the contrary, all money collected by the commissioner
 [board] under this chapter shall be deposited in the state treasury
 to the credit of the state highway fund.
 SECTION 4I.14. Sections 2301.157(a) and (b), Occupations
 Code, are amended to read as follows:
 (a) Notwithstanding any other law, the commissioner
 [director or a board member], hearings examiner, or division
 employee is not personally liable for damages resulting from an
 official act or omission unless the act or omission constitutes
 intentional or malicious malfeasance.
 (b) The attorney general shall defend a person described by
 Subsection (a) in an action brought in connection with the act or
 omission by the person regardless of whether the person serves the
 commissioner [board] or division in any capacity at the time the
 action is brought.
 SECTION 4I.15. Section 2301.160, Occupations Code, is
 amended to read as follows:
 Sec. 2301.160. TOLLING OF TIME LIMIT DURING MEDIATION. A
 time limit relating to a commissioner [board] proceeding that is
 imposed by this chapter on the commissioner [board] or on a dealer
 is tolled during the pendency of mediation required by this chapter
 or by a franchise agreement.
 SECTION 4I.16. Section 2301.201, Occupations Code, is
 amended to read as follows:
 Sec. 2301.201. PUBLIC INTEREST INFORMATION. (a) The
 commissioner [director] or the commissioner's [director's]
 designee shall prepare information describing the functions of the
 commissioner [board] and the procedures by which complaints or
 protests are filed with and resolved by the commissioner [board].
 (b) The commissioner [board] shall make the information
 available to the public and appropriate state agencies.
 SECTION 4I.17. Section 2301.202, Occupations Code, is
 amended to read as follows:
 Sec. 2301.202. COMPLAINTS; RECORDS. (a) The commissioner
 [board] shall provide to a person who files a complaint, and to each
 person that is the subject of the complaint, information about the
 commissioner's [board's] policies and procedures relating to
 complaint investigation and resolution.
 (b) The commissioner [board] shall keep an information file
 about each complaint filed with the commissioner [board] that the
 commissioner [board] has authority to resolve. The commissioner
 [board] shall keep the following information for each complaint
 filed by the commissioner [board] for the purpose of enforcing this
 chapter:
 (1) the date the complaint is filed;
 (2) the name of the person filing the complaint;
 (3) the subject matter of the complaint;
 (4) each person contacted in relation to the
 complaint;
 (5) a summary of the results of the review or
 investigation of the complaint; and
 (6) if the commissioner [board] does not take action
 on the complaint, an explanation of the reasons that action was not
 taken.
 (c) If a written complaint is filed with the commissioner
 [board] that the commissioner [board] has authority to resolve, the
 commissioner [board], at least quarterly and until final
 disposition of the complaint, shall notify the parties to the
 complaint of the status of the complaint unless the notice would
 jeopardize an ongoing commissioner [board] investigation.
 SECTION 4I.18. Section 2301.203, Occupations Code, is
 amended to read as follows:
 Sec. 2301.203. COMPLAINT INVESTIGATION AND DISPOSITION.
 (a) If the commissioner [board] has reason to believe, through
 receipt of a complaint or otherwise, that a violation of this
 chapter or a rule, order, or decision of the commissioner [board]
 has occurred or is likely to occur, the commissioner [board] shall
 conduct an investigation unless the commissioner [it] determines
 that the complaint is frivolous or for the purpose of harassment.
 (b) If the investigation establishes that a violation of
 this chapter or a rule, order, or decision of the commissioner
 [board] has occurred or is likely to occur, the commissioner
 [board] shall initiate proceedings as the commissioner [it]
 determines appropriate to enforce this chapter or the
 commissioner's [its] rules, orders, and decisions.
 (c) The commissioner [board] may not file a complaint
 alleging a violation of this chapter or a commissioner [board] rule
 relating to advertising until the commissioner [board] has notified
 the license holder involved of the alleged violation and given the
 license holder an opportunity to cure the violation without further
 proceedings or liability.
 SECTION 4I.19. Section 2301.204(c), Occupations Code, is
 amended to read as follows:
 (c) The owner may also invoke the commissioner's [board's]
 jurisdiction by sending a copy of the complaint to the commissioner
 [board].
 SECTION 4I.20. Section 2301.205(b), Occupations Code, is
 amended to read as follows:
 (b) The commissioner [board] may require the commissioner's
 [its] approval of the contents of the notice required by Subsection
 (a) or may prescribe the contents of the notice.
 SECTION 4I.21. Section 2301.206, Occupations Code, is
 amended to read as follows:
 Sec. 2301.206. PUBLIC PARTICIPATION. (a) The commissioner
 [board] shall develop and implement policies that provide the
 public with a reasonable opportunity to appear before the
 commissioner [board] and to speak on any issue under the
 commissioner's [board's] jurisdiction.
 (b) The commissioner [board] shall prepare and maintain a
 written plan that describes how a person who does not speak English
 or who has a physical, mental, or developmental disability may be
 provided reasonable access to the commissioner's [board's]
 programs.
 SECTION 4I.22. Section 2301.257, Occupations Code, is
 amended to read as follows:
 Sec. 2301.257. APPLICATION FOR DEALER'S LICENSE. (a) An
 application for a dealer's license must be on a form prescribed by
 the commissioner [board]. The application must include:
 (1) the information required by Chapter 503,
 Transportation Code; and
 (2) information relating to the applicant's financial
 resources, business integrity, business ability and experience,
 franchise if applicable, physical facilities, vehicle inventory,
 and other factors the commissioner [board] considers necessary to
 determine the applicant's qualifications to adequately serve the
 public.
 (b) If a material change occurs in the information included
 in an application for a dealer's license, the dealer shall notify
 the commissioner [director] of the change within a reasonable
 time. The commissioner [director] shall prescribe a form for the
 disclosure of the change.
 (c) A franchised dealer must apply for a separate license
 under this section for each separate and distinct dealership as
 determined by the commissioner [board]. Before changing a
 location, a dealer must obtain a new license for that location.
 SECTION 4I.23. Section 2301.258, Occupations Code, is
 amended to read as follows:
 Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
 MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
 LICENSE. An application for a manufacturer's, distributor's,
 converter's, or representative's license must be on a form
 prescribed by the commissioner [board]. The application must
 include information the commissioner [board] determines necessary
 to fully determine the qualifications of an applicant, including
 financial resources, business integrity and experience, facilities
 and personnel for serving franchised dealers, and other information
 the commissioner [board] determines pertinent to safeguard the
 public interest and welfare.
 SECTION 4I.24. Sections 2301.259(a) and (b), Occupations
 Code, are amended to read as follows:
 (a) An applicant for a manufacturer's license must provide a
 list of each distributor or representative acting for the applicant
 and each dealer franchised to sell the applicant's products in this
 state and their respective locations. An applicant for or holder of
 a manufacturer's license must inform the commissioner [board] of a
 change to the list not later than the 15th day after the date of the
 change. Information submitted under this subsection becomes a part
 of the application.
 (b) An application for a manufacturer's license must
 include a document stating the terms and conditions of each
 warranty agreement in effect at the time of the application on a
 product the manufacturer sells in this state so that the
 commissioner [board] may determine:
 (1) the protection provided a retail purchaser of the
 manufacturer's products;
 (2) the obligation of a franchised dealer under the
 agreement; and
 (3) the basis for compensating a franchised dealer for
 labor, parts, or other expenses under the agreement.
 SECTION 4I.25. Section 2301.260(c), Occupations Code, is
 amended to read as follows:
 (c) An applicant for or holder of a distributor's license
 must inform the commissioner [board] of a change in the information
 provided under this section not later than the 15th day after the
 date of the change. Information submitted under this subsection
 becomes a part of the application.
 SECTION 4I.26. Section 2301.261(a), Occupations Code, is
 amended to read as follows:
 (a) An application for a vehicle lessor's license must:
 (1) be on a form prescribed by the commissioner
 [board];
 (2) contain evidence of compliance with Chapter 503,
 Transportation Code, if applicable; and
 (3) state other information required by the
 commissioner [board].
 SECTION 4I.27. Section 2301.262(a), Occupations Code, is
 amended to read as follows:
 (a) An application for a vehicle lease facilitator license
 must be on a form prescribed by the commissioner [board] and contain
 the information required by the commissioner [board].
 SECTION 4I.28. Section 2301.263, Occupations Code, is
 amended to read as follows:
 Sec. 2301.263. LICENSE ISSUED SUBJECT TO NEW LAW AND RULES.
 A license issued under this chapter is subject to each provision of
 this chapter and commissioner [board] rule in effect on the date the
 license is issued and each provision of this chapter and
 commissioner [board] rule that takes effect during the term of the
 license.
 SECTION 4I.29. Sections 2301.264(c) and (d), Occupations
 Code, are amended to read as follows:
 (c) The commissioner [board] may prorate the fee for a
 representative's license to allow the representative's license and
 the license of the manufacturer or distributor who employs the
 representative to expire on the same day.
 (d) The commissioner [board] may refund from funds
 appropriated to the commissioner [board] for that purpose a fee
 collected under this chapter that is not due or that exceeds the
 amount due.
 SECTION 4I.30. Section 2301.266, Occupations Code, is
 amended to read as follows:
 Sec. 2301.266. DUPLICATE LICENSE. The commissioner [board]
 may:
 (1) issue a duplicate license for any license the
 commissioner [board] issues;
 (2) charge a fee for the issuance of a duplicate
 license; and
 (3) adopt rules applicable to the issuance of a
 duplicate license.
 SECTION 4I.31. Sections 2301.301(b) and (d), Occupations
 Code, are amended to read as follows:
 (b) The commissioner [director] may issue a license for a
 term of less than the period prescribed under Subsection (a) to
 coordinate the expiration dates of licenses held by a person that is
 required to obtain more than one license to perform activities
 under this chapter.
 (d) A license renewal may be administratively granted
 unless a protest is made to the commissioner [board].
 SECTION 4I.32. Section 2301.302, Occupations Code, is
 amended to read as follows:
 Sec. 2301.302. NOTICE OF LICENSE EXPIRATION. The
 commissioner [board] shall notify each person licensed under this
 chapter of the date of license expiration and the amount of the fee
 required for license renewal. The notice shall be mailed at least
 30 days before the date of license expiration.
 SECTION 4I.33. Section 2301.303, Occupations Code, is
 amended to read as follows:
 Sec. 2301.303. RENEWAL OF DEALER'S LICENSE. A dealer shall
 renew the dealer's license on an application prescribed by the
 commissioner [director]. The commissioner [director] shall
 include in the renewal application a request for disclosure of
 material changes described by Section 2301.257.
 SECTION 4I.34. Section 2301.304, Occupations Code, is
 amended to read as follows:
 Sec. 2301.304. PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.
 The holder of a manufacturer's, distributor's, converter's, or
 representative's license may apply for a renewal of the license by
 complying with the application process specified by this chapter
 and commissioner [board] rule.
 SECTION 4I.35. Section 2301.351, Occupations Code, is
 amended to read as follows:
 Sec. 2301.351. GENERAL PROHIBITION. A dealer may not:
 (1) violate a commissioner [board] rule;
 (2) aid or abet a person who violates this chapter; or
 (3) use false, deceptive, or misleading advertising.
 SECTION 4I.36. Section 2301.353, Occupations Code, is
 amended to read as follows:
 Sec. 2301.353. PROHIBITION: PERFORMANCE OF OBLIGATION
 UNDER AGREEMENT WITH MANUFACTURER. A franchised dealer may not
 fail to perform an obligation placed on:
 (1) the selling dealer in connection with the
 preparation and delivery of a new motor vehicle for retail sale as
 provided in the manufacturer's preparation and delivery agreements
 on file with the commissioner [board] that are applicable to the
 vehicle; or
 (2) the dealer in connection with the manufacturer's
 warranty agreements on file with the commissioner [board].
 SECTION 4I.37. Section 2301.354(c), Occupations Code, is
 amended to read as follows:
 (c) If a dispute arises under this section:
 (1) the commissioner [board] has exclusive
 jurisdiction to determine whether a sign complies with this
 section; and
 (2) the commissioner [board] shall uphold an ordinance
 of a home-rule municipality and protect a franchised dealer from
 retribution by a manufacturer or distributor for complying with the
 ordinance.
 SECTION 4I.38. Section 2301.356, Occupations Code, is
 amended to read as follows:
 Sec. 2301.356. NOTICE OF CERTAIN PROPOSED CHANGES. A
 licensed dealer shall promptly notify the commissioner [board] of
 any proposed change in its ownership, location, franchise, or any
 other matter the commissioner [board] by rule may require.
 SECTION 4I.39. Sections 2301.358(a), (c), and (d),
 Occupations Code, are amended to read as follows:
 (a) A person who holds a license issued under this chapter
 may not participate in a new motor vehicle show or exhibition
 unless:
 (1) the person provides the commissioner [board] with
 written notice at least 30 days before the date the show or
 exhibition opens; and
 (2) the commissioner [board] grants written approval.
 (c) This section does not prohibit the sale of a towable
 recreational vehicle, motor home, ambulance, fire-fighting
 vehicle, or tow truck at a show or exhibition if:
 (1) the show or exhibition is approved by the
 commissioner [board]; and
 (2) the sale is not otherwise prohibited by law.
 (d) A rule adopted by the commissioner [board] regulating
 the off-site display or sale of towable recreational vehicles must
 include a provision that authorizes the display and sale of towable
 recreational vehicles at a private event in a trade area that would
 not otherwise qualify for the private event under the application
 of general participation requirements for organized dealer shows
 and exhibitions.
 SECTION 4I.40. Section 2301.359(c), Occupations Code, is
 amended to read as follows:
 (c) The notice must be accompanied by:
 (1) a copy of pertinent agreements regarding the
 proposed assignment, sale, or transfer;
 (2) completed application forms and related
 information generally used by the manufacturer or distributor in
 reviewing prospective dealers, if the forms are on file with the
 commissioner [board]; and
 (3) the prospective transferee's written agreement to
 comply with the franchise to the extent that the franchise is not in
 conflict with this chapter.
 SECTION 4I.41. Section 2301.360, Occupations Code, is
 amended to read as follows:
 Sec. 2301.360. REVIEW BY COMMISSIONER [BOARD] FOLLOWING
 DENIAL OF TRANSFER. (a) A dealer whose application is rejected
 under Section 2301.359 may file a protest with the commissioner
 [board]. A protest filed under this section is a contested case.
 (b) In a protest under this section, the commissioner
 [board] must determine whether the prospective transferee is
 qualified. The burden is on the manufacturer or distributor to
 prove that the prospective transferee is not qualified. The
 commissioner [board] shall enter an order holding that the
 prospective transferee either is qualified or is not qualified.
 (c) If the commissioner's [board's] order is that the
 prospective transferee is qualified, the dealer's franchise is
 amended to reflect the change in franchisee, and the manufacturer
 or distributor shall accept the transfer for all purposes.
 (d) If the commissioner's [board's] order is that the
 prospective transferee is not qualified, the commissioner [board]
 may include in the order:
 (1) specific reasons why the prospective transferee is
 not qualified; and
 (2) specific conditions under which the prospective
 transferee would be qualified.
 (e) If the commissioner's [board's] order that a prospective
 transferee is not qualified includes specific conditions under
 which the prospective transferee would be qualified, the
 commissioner [board] may retain jurisdiction of the dispute for a
 time certain to allow the dealer and prospective transferee to meet
 the conditions.
 SECTION 4I.42. Section 2301.401(a), Occupations Code, is
 amended to read as follows:
 (a) A manufacturer or distributor shall file with the
 commissioner [board] a copy of the current requirements the
 manufacturer or distributor imposes on its dealers with respect to
 the dealer's:
 (1) duties under the manufacturer's or distributor's
 warranty; and
 (2) vehicle preparation and delivery obligations.
 SECTION 4I.43. Sections 2301.403(c), (d), and (e),
 Occupations Code, are amended to read as follows:
 (c) A requesting dealer may file a protest with the
 commissioner [board] if the manufacturer or distributor:
 (1) disapproves the request; or
 (2) fails to respond within the time required by this
 section.
 (d) After a protest is filed, the commissioner [board] may
 uphold the manufacturer's or distributor's decision only if the
 manufacturer or distributor proves by a preponderance of the
 evidence that the disapproval of the request or failure to respond
 was reasonable.
 (e) If the commissioner [board] does not determine that the
 disapproval of the request or failure to respond was reasonable,
 the commissioner [board] shall order the requested rate into effect
 as of the 60th day after the receipt of the request by the
 manufacturer or distributor.
 SECTION 4I.44. Sections 2301.453(a) and (c) through (h),
 Occupations Code, are amended to read as follows:
 (a) Notwithstanding the terms of any franchise, a
 manufacturer, distributor, or representative may not terminate or
 discontinue a franchise with a franchised dealer or directly or
 indirectly force or attempt to force a franchised dealer to
 relocate or discontinue a line-make or parts or products related to
 that line-make unless the manufacturer, distributor, or
 representative provides notice of the termination or
 discontinuance as required by Subsection (c) and:
 (1) the manufacturer, distributor, or representative
 receives the dealer's informed written consent;
 (2) the appropriate time for the dealer to file a
 protest under Subsection (e) has expired; or
 (3) the commissioner [board] makes a determination of
 good cause under Subsection (g).
 (c) Except as provided by Subsection (d), the manufacturer,
 distributor, or representative must provide written notice by
 registered or certified mail to the dealer and the commissioner
 [board] stating the specific grounds for the termination or
 discontinuance. The notice must:
 (1) be received not later than the 60th day before the
 effective date of the termination or discontinuance; and
 (2) contain on its first page a conspicuous statement
 that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
 PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
 IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
 PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
 TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
 ACTION."
 (d) Notice may be provided not later than the 15th day
 before the effective date of termination or discontinuance if a
 licensed dealer fails to conduct its customary sales and service
 operations during its customary business hours for seven
 consecutive business days. This subsection does not apply if the
 failure is caused by:
 (1) an act of God;
 (2) a work stoppage or delay because of a strike or
 labor dispute;
 (3) an order of the commissioner [board]; or
 (4) another cause beyond the control of the dealer.
 (e) A franchised dealer may file a protest with the
 commissioner [board] of the termination or discontinuance not later
 than the latter of:
 (1) the 60th day after the date of the receipt of the
 notice of termination or discontinuance; or
 (2) the time specified in the notice.
 (f) After a timely protest is filed under Subsection (e),
 the commissioner [board] shall notify the party seeking the
 termination or discontinuance that:
 (1) a timely protest has been filed;
 (2) a hearing is required under this chapter; and
 (3) the party may not terminate or discontinue the
 franchise until the commissioner [board] issues a [its] final order
 or decision.
 (g) After a hearing, the commissioner [board] shall
 determine whether the party seeking the termination or
 discontinuance has established by a preponderance of the evidence
 that there is good cause for the proposed termination or
 discontinuance.
 (h) If a franchise is terminated or discontinued, the
 manufacturer, distributor, or representative shall establish
 another franchise in the same line-make within a reasonable time
 unless it is shown to the commissioner [board] by a preponderance of
 the evidence that the community or trade area cannot reasonably
 support such a dealership. If this showing is made, a license may
 not be issued for a franchised dealer in the same area until a
 change in circumstances is established.
 SECTION 4I.45. Section 2301.454, Occupations Code, is
 amended to read as follows:
 Sec. 2301.454. MODIFICATION OR REPLACEMENT OF FRANCHISE.
 (a) Notwithstanding the terms of any franchise, a manufacturer,
 distributor, or representative may not modify or replace a
 franchise if the modification or replacement would adversely affect
 to a substantial degree the dealer's sales, investment, or
 obligations to provide service to the public, unless:
 (1) the manufacturer, distributor, or representative
 provides written notice by registered or certified mail to each
 affected dealer and the commissioner [board] of the modification or
 replacement; and
 (2) if a protest is filed under this section, the
 commissioner [board] approves the modification or replacement.
 (b) The notice required by Subsection (a)(1) must:
 (1) be given not later than the 60th day before the
 date of the modification or replacement; and
 (2) contain on its first page a conspicuous statement
 that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
 PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
 IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
 PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
 TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
 ACTION."
 (c) A franchised dealer may file a protest with the
 commissioner [board] of the modification or replacement not later
 than the latter of:
 (1) the 60th day after the date of the receipt of the
 notice; or
 (2) the time specified in the notice.
 (d) After a protest is filed, the commissioner [board] shall
 determine whether the manufacturer, distributor, or representative
 has established by a preponderance of the evidence that there is
 good cause for the proposed modification or replacement. The prior
 franchise continues in effect until the commissioner [board]
 resolves the protest.
 SECTION 4I.46. Section 2301.455(a), Occupations Code, is
 amended to read as follows:
 (a) Notwithstanding the terms of any franchise, in
 determining whether good cause has been established under Section
 2301.453 or 2301.454, the commissioner [board] shall consider all
 existing circumstances, including:
 (1) the dealer's sales in relation to the sales in the
 market;
 (2) the dealer's investment and obligations;
 (3) injury or benefit to the public;
 (4) the adequacy of the dealer's service facilities,
 equipment, parts, and personnel in relation to those of other
 dealers of new motor vehicles of the same line-make;
 (5) whether warranties are being honored by the
 dealer;
 (6) the parties' compliance with the franchise, except
 to the extent that the franchise conflicts with this chapter; and
 (7) the enforceability of the franchise from a public
 policy standpoint, including issues of the reasonableness of the
 franchise's terms, oppression, adhesion, and the parties' relative
 bargaining power.
 SECTION 4I.47. Section 2301.460, Occupations Code, is
 amended to read as follows:
 Sec. 2301.460. WARRANTY, PREPARATION, OR DELIVERY
 AGREEMENT OBLIGATIONS. Notwithstanding the terms of any
 franchise, a manufacturer, distributor, or representative may not,
 after a complaint and a hearing, fail or refuse to perform an
 obligation placed on the manufacturer in connection with the
 preparation, delivery, and warranty of a new motor vehicle as
 provided in the manufacturer's warranty, preparation, and delivery
 agreements on file with the commissioner [board].
 SECTION 4I.48. Section 2301.461(a), Occupations Code, is
 amended to read as follows:
 (a) Notwithstanding the terms of any franchise or any other
 law, a franchised dealer's preparation, delivery, and warranty
 obligations as filed with the commissioner [board] are the dealer's
 sole responsibility for product liability as between the dealer and
 a manufacturer or distributor.
 SECTION 4I.49. Section 2301.462(b), Occupations Code, is
 amended to read as follows:
 (b) Notwithstanding the terms of any franchise, a
 manufacturer, distributor, or representative may refuse to honor a
 succession if, after notice and hearing, it is shown to the
 commissioner [board] that the result of the succession will be
 detrimental to the public interest and to the representation of the
 manufacturer or distributor.
 SECTION 4I.50. Sections 2301.464(a) and (c), Occupations
 Code, are amended to read as follows:
 (a) Notwithstanding the terms of any franchise, a
 manufacturer, distributor, or representative may not deny or
 withhold approval of a written application to relocate a franchise
 unless:
 (1) the applicant receives written notice of the
 denial or withholding of approval not later than the 60th day after
 the date the application is received; and
 (2) if the applicant files a protest with the
 commissioner [board], the commissioner [board] makes a
 determination of reasonable grounds under this section.
 (c) If the applicant files a protest under Subsection
 (a)(2), the commissioner [board] shall hold a hearing. After the
 hearing, the commissioner [board] shall determine whether the
 manufacturer or distributor has established by a preponderance of
 the evidence that the grounds for the denial or withholding of
 approval of the relocation are reasonable.
 SECTION 4I.51. Section 2301.466(b), Occupations Code, is
 amended to read as follows:
 (b) An arbitrator shall apply this chapter in resolving a
 controversy. Either party may appeal to the commissioner [board] a
 decision of an arbitrator on the ground that the arbitrator failed
 to apply this chapter.
 SECTION 4I.52. Section 2301.472, Occupations Code, is
 amended to read as follows:
 Sec. 2301.472. ADDITION OF LINE-MAKE. (a) Notwithstanding
 the terms of any franchise, a manufacturer, distributor, or
 representative may not deny or withhold approval of a franchised
 dealer's application to add a line-make or parts or products
 related to that line-make unless:
 (1) the manufacturer or distributor provides written
 notice of the denial or withholding of approval to the applicant not
 later than the 60th day after the date the application is received;
 and
 (2) if the applicant files a protest under this
 section, the commissioner [board] upholds the denial or withholding
 of approval.
 (b) After receiving notice under Subsection (a)(1), a
 dealer may file a protest with the commissioner [board].
 (c) If the dealer files a protest, the commissioner [board]
 may uphold the manufacturer's or distributor's decision to deny or
 withhold approval of the addition of the line-make only if the
 manufacturer or distributor establishes by a preponderance of the
 evidence that the denial or withholding of approval was reasonable.
 (d) In determining whether a manufacturer or distributor
 has established that the denial or withholding of approval is
 reasonable, the commissioner [board] shall consider all existing
 circumstances, including:
 (1) the dealer's sales in relation to the sales in the
 market;
 (2) the dealer's investment and obligations;
 (3) injury or benefit to the public;
 (4) the adequacy of the dealer's sales and service
 facilities, equipment, parts, and personnel in relation to those of
 other dealers of new motor vehicles of the same line-make;
 (5) whether warranties are being honored by the dealer
 agreement;
 (6) the parties' compliance with the franchise, except
 to the extent that the franchise conflicts with this chapter;
 (7) the enforceability of the franchise from a public
 policy standpoint, including issues of the reasonableness of the
 franchise's terms, oppression, adhesion, and the parties' relative
 bargaining power;
 (8) whether the dealer complies with reasonable
 capitalization requirements or will be able to comply with
 reasonable capitalization requirements within a reasonable time;
 (9) any harm to the manufacturer if the denial or
 withholding of approval is not upheld; and
 (10) any harm to the dealer if the denial or
 withholding of approval is upheld.
 SECTION 4I.53. Section 2301.476(e), Occupations Code, is
 amended to read as follows:
 (e) On a showing of good cause by a manufacturer or
 distributor, the commissioner [board] may extend the time limit
 imposed under Subsection (d) for a period not to exceed an
 additional 12 months. An application for an extension after the
 first extension is granted is subject to protest by a dealer of the
 same line-make whose dealership is located in the same county as, or
 within 15 miles of, the dealership owned or controlled by the
 manufacturer or distributor.
 SECTION 4I.54. Sections 2301.522(a), (b), and (d),
 Occupations Code, are amended to read as follows:
 (a) In an action brought against a manufacturer or
 distributor under Sections 2301.451-2301.474 by a franchised
 dealer whose franchise provides for arbitration in compliance with
 this chapter, the commissioner [board] shall order the parties to
 submit the dispute to mediation in the manner provided by this
 subchapter.
 (b) Subsection (a) applies only if the dealer's franchise
 does not contain an arbitration provision in conflict with this
 chapter. In a dispute concerning whether Subsection (a) applies,
 the commissioner [board] shall enter an order either that the
 franchise contains a provision in conflict with this chapter or
 that it does not. If the commissioner [board] determines that the
 franchise does not contain an arbitration provision that conflicts
 with this chapter, the commissioner [board] shall order the parties
 to proceed to mediation as provided by this subchapter.
 (d) This subchapter does not apply to an action brought by
 the commissioner [board] to enforce this chapter.
 SECTION 4I.55. Section 2301.524(c), Occupations Code, is
 amended to read as follows:
 (c) Mediation must be completed not later than the 60th day
 after the date the commissioner [board] orders the parties to
 mediate. The deadline may be extended by the commissioner [board]
 at the request of all parties.
 SECTION 4I.56. Section 2301.525(b), Occupations Code, is
 amended to read as follows:
 (b) If Section 154.073, Civil Practice and Remedies Code,
 conflicts with another legal requirement for disclosure of
 communications or materials, the issue of confidentiality may be
 presented to the commissioner [board] to determine, in camera,
 whether the facts, circumstances, and context of the communications
 or materials sought to be disclosed warrant a protective order of
 the commissioner [board] or whether the communications or materials
 are subject to disclosure.
 SECTION 4I.57. Section 2301.526(a), Occupations Code, is
 amended to read as follows:
 (a) The commissioner [board] is not liable for the
 compensation paid or to be paid to a mediator employed under this
 subchapter.
 SECTION 4I.58. Section 2301.527, Occupations Code, is
 amended to read as follows:
 Sec. 2301.527. JURISDICTION OF COMMISSIONER [BOARD]. The
 commissioner [board] retains jurisdiction of the subject matter of
 and parties to a dispute during mediation and may, on the motion of
 a party or on the commissioner's [its] own motion, enter
 appropriate orders.
 SECTION 4I.59. Sections 2301.528(a) and (d), Occupations
 Code, are amended to read as follows:
 (a) Except as provided by this subchapter, mediation under
 this subchapter does not affect a procedural right or duty
 conferred by this chapter or by commissioner [board] rule.
 (d) The commissioner [board] shall stay proceedings
 involving the parties in mediation until the commissioner [board]
 receives the mediator's certification that mediation has
 concluded.
 SECTION 4I.60. Section 2301.529, Occupations Code, is
 amended to read as follows:
 Sec. 2301.529. OUTCOME OF MEDIATION. (a) If mediation
 resolves the dispute, the commissioner [board] shall enter an order
 incorporating the terms of the agreement reached in mediation.
 (b) If mediation does not resolve the dispute, the
 commissioner [board] shall proceed to a contested case hearing or
 other appropriate exercise of its jurisdiction.
 SECTION 4I.61. Section 2301.552(b), Occupations Code, is
 amended to read as follows:
 (b) An appointment must:
 (1) be in writing;
 (2) disclose its terms; and
 (3) comply with commissioner [board] rules.
 SECTION 4I.62. Section 2301.554(b), Occupations Code, is
 amended to read as follows:
 (b) In the interests of justice and giving deference to
 standard national business practices, the commissioner [board] may
 adopt a rule by which a lease may prohibit the lessee from taking
 the vehicle into a specific foreign country regardless of whether
 the lease prohibits the lessee from taking the vehicle into another
 foreign country. In adopting a rule under this subsection the
 commissioner [board] shall give consideration to the proximity of
 international borders to prospective Texas lessees.
 SECTION 4I.63. Section 2301.602, Occupations Code, is
 amended to read as follows:
 Sec. 2301.602. DUTY OF COMMISSIONER [BOARD]. (a) The
 commissioner [board] shall cause a manufacturer, converter, or
 distributor to perform an obligation imposed by this subchapter.
 (b) The commissioner [board] shall adopt rules for the
 enforcement and implementation of this subchapter.
 SECTION 4I.64. Section 2301.604(c), Occupations Code, is
 amended to read as follows:
 (c) As necessary to promote the public interest, the
 commissioner [board] by rule:
 (1) shall define the incidental costs that are
 eligible for reimbursement;
 (2) shall specify other requirements necessary to
 determine an eligible cost; and
 (3) may set a maximum amount that is eligible for
 reimbursement, either by type of eligible cost or by a total for all
 costs.
 SECTION 4I.65. Sections 2301.606(a), (b), and (c),
 Occupations Code, are amended to read as follows:
 (a) The commissioner [director] under commissioner [board]
 rules shall conduct hearings and issue final orders for the
 implementation and enforcement of this subchapter. [An order
 issued by the director under this subchapter is considered a final
 order of the board.]
 (b) In a hearing before the commissioner [director] under
 this subchapter, a manufacturer, converter, or distributor may
 plead and prove as an affirmative defense to a remedy under this
 subchapter that a nonconformity:
 (1) is the result of abuse, neglect, or unauthorized
 modification or alteration of the motor vehicle; or
 (2) does not substantially impair the use or market
 value of the motor vehicle.
 (c) The commissioner [director] may not issue an order
 requiring a manufacturer, converter, or distributor to make a
 refund or to replace a motor vehicle unless:
 (1) the owner or a person on behalf of the owner has
 mailed written notice of the alleged defect or nonconformity to the
 manufacturer, converter, or distributor; and
 (2) the manufacturer, converter, or distributor has
 been given an opportunity to cure the alleged defect or
 nonconformity.
 SECTION 4I.66. Section 2301.607(c), Occupations Code, is
 amended to read as follows:
 (c) If the administrative law judge does not issue a
 proposal for decision and recommend to the commissioner [director]
 a final order before the 151st day after the date a complaint is
 filed under this subchapter, the commissioner [director] shall
 provide written notice by certified mail to the complainant and to
 the manufacturer, converter, or distributor of the expiration of
 the 150-day period and of the complainant's right to file a civil
 action. The commissioner [board] shall extend the 150-day period
 if a delay is requested or caused by the person who filed the
 complaint.
 SECTION 4I.67. Section 2301.608, Occupations Code, is
 amended to read as follows:
 Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR
 REFUND. (a) In an order issued under this subchapter, the
 commissioner [director] shall name the person responsible for
 paying the cost of any refund or replacement. A manufacturer,
 converter, or distributor may not cause a franchised dealer to
 directly or indirectly pay any money not specifically ordered by
 the commissioner [director].
 (b) If the commissioner [director] orders a manufacturer,
 converter, or distributor to make a refund or replace a motor
 vehicle under this subchapter, the commissioner [director] may
 order the franchised dealer to reimburse the owner, lienholder,
 manufacturer, converter, or distributor only for an item or option
 added to the vehicle by the dealer to the extent that the item or
 option contributed to the defect that served as the basis for the
 order.
 (c) In a case involving a leased vehicle, the commissioner
 [director] may terminate the lease and apportion allowances or
 refunds, including the reasonable allowance for use, between the
 lessee and lessor of the vehicle.
 SECTION 4I.68. Section 2301.609(a), Occupations Code, is
 amended to read as follows:
 (a) A party to a proceeding before the commissioner
 [director] under this subchapter that is affected by a final order
 of the commissioner [director] is entitled to judicial review of
 the order under the substantial evidence rule in a district court of
 Travis County.
 SECTION 4I.69. Sections 2301.610(a), (c), and (d),
 Occupations Code, are amended to read as follows:
 (a) A manufacturer, distributor, or converter that has been
 ordered to repurchase or replace a vehicle shall, through its
 franchised dealer, issue a disclosure statement stating that the
 vehicle was repurchased or replaced by the manufacturer,
 distributor, or converter under this subchapter. The statement
 must accompany the vehicle through the first retail purchase
 following the issuance of the statement and must include the
 commissioner's [board's] toll-free telephone number that will
 enable the purchaser to obtain information about the condition or
 defect that was the basis of the order for repurchase or
 replacement.
 (c) The commissioner [board] shall adopt rules for the
 enforcement of this section.
 (d) The commissioner [board] shall maintain a toll-free
 telephone number to provide information to a person who requests
 information about a condition or defect that was the basis for
 repurchase or replacement by an order of the commissioner
 [director]. The commissioner [board] shall maintain an effective
 method of providing information to a person who makes a request.
 SECTION 4I.70. Sections 2301.611(a) and (c), Occupations
 Code, are amended to read as follows:
 (a) The commissioner [board] shall publish an annual report
 on the motor vehicles ordered repurchased or replaced under this
 subchapter.
 (c) The commissioner [board] shall make the report
 available to the public and may charge a reasonable fee to cover the
 cost of the report.
 SECTION 4I.71. Section 2301.612, Occupations Code, is
 amended to read as follows:
 Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed
 with the commissioner [board] under this subchapter is not a public
 record and is not subject to release under Chapter 552, Government
 Code, until the complaint is finally resolved by order of the
 commissioner [board].
 SECTION 4I.72. Section 2301.613(a), Occupations Code, is
 amended to read as follows:
 (a) The commissioner [board] shall prepare, publish, and
 distribute information concerning an owner's rights under this
 subchapter. The retail seller of a new motor vehicle shall
 conspicuously post a copy of the information in the area where its
 customers usually pay for repairs.
 SECTION 4I.73. Sections 2301.651(a), (b), and (d),
 Occupations Code, are amended to read as follows:
 (a) The commissioner [board] may deny an application for a
 license, revoke or suspend a license, place on probation a person
 whose license has been suspended, or reprimand a license holder if
 the applicant or license holder:
 (1) is unfit under standards described in this chapter
 or commissioner [board] rules;
 (2) makes a material misrepresentation in any
 application or other information filed under this chapter or
 commissioner [board] rules;
 (3) violates this chapter or a commissioner [board]
 rule or order;
 (4) violates any law relating to the sale,
 distribution, financing, or insuring of motor vehicles;
 (5) fails to maintain the qualifications for a
 license;
 (6) wilfully defrauds a purchaser;
 (7) fails to fulfill a written agreement with a retail
 purchaser of a motor vehicle; or
 (8) violates the requirements of Section 503.0631,
 Transportation Code.
 (b) The commissioner [board] may take action under
 Subsection (a) against an applicant or license holder for an act or
 omission by an officer, director, partner, trustee, or other person
 acting in a representative capacity for the applicant or license
 holder that would be cause for denying, revoking, or suspending a
 license under this chapter.
 (d) A license may not be denied, revoked, or suspended, and
 disciplinary action may not be taken under this subchapter, except
 on order of the commissioner [board] after a hearing.
 SECTION 4I.74. Section 2301.652(a), Occupations Code, is
 amended to read as follows:
 (a) The commissioner [board] may deny an application for a
 license to establish a dealership if, following a protest, the
 applicant fails to establish good cause for establishing the
 dealership. In determining good cause, the commissioner [board]
 shall consider:
 (1) whether the manufacturer or distributor of the
 same line-make of new motor vehicle is being adequately represented
 as to sales and service;
 (2) whether the protesting franchised dealer
 representing the same line-make of new motor vehicle is in
 substantial compliance with the dealer's franchise, to the extent
 that the franchise is not in conflict with this chapter;
 (3) the desirability of a competitive marketplace;
 (4) any harm to the protesting franchised dealer; and
 (5) the public interest.
 SECTION 4I.75. Section 2301.654, Occupations Code, is
 amended to read as follows:
 Sec. 2301.654. PROBATION. If a suspension of a license is
 probated, the commissioner [board] may:
 (1) require the license holder to report regularly to
 the commissioner [board] on matters that are the basis of the
 probation; or
 (2) limit activities to those prescribed by the
 commissioner [board].
 SECTION 4I.76. Sections 2301.7025(a) and (b), Occupations
 Code, are amended to read as follows:
 (a) This section does not apply to:
 (1) an action with respect to which this chapter or
 rules of the commissioner [board] establish specific procedural
 time limits; or
 (2) an action brought under Section 2301.204.
 (b) Except as provided by this section, a license holder may
 not file an action with the commissioner [board] after the fourth
 anniversary of the date the action accrues.
 SECTION 4I.77. Section 2301.703(a), Occupations Code, is
 amended to read as follows:
 (a) A hearing shall be conducted in any contested case
 arising under this chapter or a commissioner [board] rule. The
 hearing must be conducted in accordance with this chapter, any
 order, decision, or rule of the commissioner [board], and Chapter
 2001, Government Code.
 SECTION 4I.78. Section 2301.704(b), Occupations Code, is
 amended to read as follows:
 (b) An administrative law judge has all of the
 commissioner's [board's] power and authority under this chapter to
 conduct hearings, including the power to:
 (1) hold a hearing;
 (2) administer an oath;
 (3) receive pleadings and evidence;
 (4) issue a subpoena to compel the attendance of a
 witness;
 (5) compel the production of papers and documents;
 (6) issue an interlocutory order, including a cease
 and desist order in the nature of a temporary restraining order or a
 temporary injunction;
 (7) make findings of fact and conclusions of law; and
 (8) issue a proposal for decision and recommend a
 final order.
 SECTION 4I.79. Section 2301.705(a), Occupations Code, is
 amended to read as follows:
 (a) Notice of a contested case hearing involving a license
 holder must be given in accordance with this chapter and
 commissioner [board] rules.
 SECTION 4I.80. Section 2301.706, Occupations Code, is
 amended to read as follows:
 Sec. 2301.706. NOTICE OF RULEMAKING HEARING. Notice of a
 rulemaking hearing must be given in accordance with Chapter 2001,
 Government Code, and commissioner [board] rules before the 30th day
 preceding the date of the hearing.
 SECTION 4I.81. Section 2301.709, Occupations Code, is
 amended to read as follows:
 Sec. 2301.709. PROPOSED DECISION; REVIEW BY COMMISSIONER
 [BOARD]. (a) In a contested case, the administrative law judge
 shall serve on each party a copy of the administrative law judge's
 proposal for decision and recommended order containing findings of
 fact and conclusions of law. A party may file exceptions and
 replies to the commissioner [board].
 (b) In reviewing the case, the commissioner [board] may
 consider only materials that are submitted timely.
 (c) The commissioner [board] may hear such oral argument
 from any party as the commissioner [board] may allow.
 (d) The commissioner [board] shall take any further action
 conducive to the issuance of a final order and shall issue a written
 final decision or order. [A majority vote of a quorum of the board
 is required to adopt a final decision or order of the board.]
 SECTION 4I.82. Section 2301.710, Occupations Code, is
 amended to read as follows:
 Sec. 2301.710. DISMISSAL OF COMPLAINT. On the motion of any
 party, the commissioner [board], without holding a contested case
 hearing, may issue a final order dismissing a complaint, protest,
 or response in accordance with the terms and procedures set forth in
 Rule 166a, Texas Rules of Civil Procedure, or its successor.
 SECTION 4I.83. Section 2301.711, Occupations Code, is
 amended to read as follows:
 Sec. 2301.711. ORDERS AND DECISIONS. (a) An order or
 decision of the commissioner [board] must:
 (1) include a separate finding of fact with respect to
 each specific issue the commissioner [board] is required by law to
 consider in reaching a decision;
 (2) set forth additional findings of fact and
 conclusions of law on which the order or decision is based; and
 (3) give the reasons for the particular actions taken.
 (b) Except as provided by Subchapter M, the order or
 decision must:
 (1) be signed by the commissioner [presiding officer
 or assistant presiding officer for the board];
 (2) be attested to by the commissioner [director]; and
 (3) have the seal affixed to it.
 SECTION 4I.84. Section 2301.712(b), Occupations Code, is
 amended to read as follows:
 (b) If a person who brings a complaint under Subchapter M
 prevails in the case, the commissioner [board] shall order the
 nonprevailing party in the case to reimburse the amount of the
 filing fee for the case.
 SECTION 4I.85. Section 2301.751(a), Occupations Code, is
 amended to read as follows:
 (a) A party to a proceeding affected by a final order, rule,
 or decision or other final action of the commissioner [board or
 director] under this chapter or under another law with respect to a
 matter arising under this chapter may seek judicial review of the
 action under the substantial evidence rule in:
 (1) a district court in Travis County; or
 (2) the court of appeals for the Third Court of Appeals
 District.
 SECTION 4I.86. Section 2301.752(b), Occupations Code, is
 amended to read as follows:
 (b) Citation for an appeal must be served on the
 commissioner [director] and each party of record in the matter. For
 an appeal initiated in the court of appeals, the court shall cause
 the citation to be issued.
 SECTION 4I.87. Section 2301.753, Occupations Code, is
 amended to read as follows:
 Sec. 2301.753. ADDITIONAL EVIDENCE. An appeal in which
 evidence outside the record of the commissioner [board] is to be
 taken under Chapter 2001, Government Code, or otherwise, shall be
 brought in a district court in Travis County or in the court of
 appeals. An appeal brought in the court of appeals is subject to
 remand to a district court in Travis County for proceedings under
 instructions from the court of appeals.
 SECTION 4I.88. Section 2301.755, Occupations Code, is
 amended to read as follows:
 Sec. 2301.755. EFFECT OF APPEAL ON ORDER. An appeal under
 this subchapter does not affect the enforcement of a final
 commissioner [board] order unless:
 (1) the enforcement of the order is enjoinable under
 Chapter 65, Civil Practice and Remedies Code, and under principles
 of primary jurisdiction; or
 (2) the commissioner [board], in the interest of
 justice, suspends the enforcement of the order pending final
 determination of the appeal.
 SECTION 4I.89. Sections 2301.801(a) and (b), Occupations
 Code, are amended to read as follows:
 (a) If, after a proceeding under this chapter and
 commissioner [board] rules, the commissioner [board] determines
 that a person is violating or has violated this chapter, a rule
 adopted or order issued under this chapter, or Section 503.038(a),
 Transportation Code, the commissioner [board] may impose a civil
 penalty. The amount of the penalty may not exceed $10,000 for each
 violation. Each act of violation and each day a violation continues
 is a separate violation.
 (b) In determining the amount of the penalty, the
 commissioner [board] shall consider:
 (1) the seriousness of the violation, including the
 nature, circumstances, extent, and gravity of any prohibited act,
 and the harm or potential harm to the safety of the public;
 (2) the economic damage to the public 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 may require.
 SECTION 4I.90. Section 2301.802, Occupations Code, is
 amended to read as follows:
 Sec. 2301.802. CEASE AND DESIST ORDER. (a) If it appears
 to the commissioner [board] that a person is violating this chapter
 or a commissioner [board] rule or order, the commissioner [board]
 after notice may require the person engaged in the conduct to appear
 and show cause why a cease and desist order should not be issued
 prohibiting the conduct described in the notice.
 (b) An interlocutory cease and desist order may be granted
 with or without bond or other undertaking if:
 (1) the order is necessary to the performance of the
 duties delegated to the commissioner [board] by this chapter;
 (2) the order is necessary or convenient to
 maintaining the status quo between two or more adverse parties
 before the commissioner [board];
 (3) a party before the commissioner [board] is
 entitled to relief demanded of the commissioner [board] and all or
 part of the relief requires the restraint of some act prejudicial to
 the party;
 (4) a person is performing, about to perform, or
 procuring or allowing the performance of an act:
 (A) relating to the subject of a contested case
 pending before the commissioner [board], in violation of the rights
 of a party before the commissioner [board]; and
 (B) that would tend to render the commissioner's
 [board's] order in the case ineffectual; or
 (5) substantial injury to the rights of a person
 subject to the commissioner's [board's] jurisdiction is threatened
 regardless of any remedy available at law.
 (c) A proceeding under this section is governed by:
 (1) this chapter and the commissioner's [board's]
 rules; and
 (2) Chapter 2001, Government Code, relating to a
 contested case, to the extent that chapter is not in conflict with
 Subdivision (1).
 (d) An interlocutory cease and desist order remains in
 effect until vacated or incorporated in a final order of the
 commissioner [board]. An appeal of an interlocutory cease and
 desist order must be made to the commissioner [board] before
 seeking judicial review as provided by this chapter.
 (e) A permanent cease and desist order may be issued
 regardless of the requirements of Subsection (b) but only under the
 procedures for a final order by the commissioner [board] under this
 chapter. An appeal of a permanent cease and desist order is made in
 the same manner as an appeal of a final order under this chapter.
 SECTION 4I.91. Sections 2301.803(a) and (c), Occupations
 Code, are amended to read as follows:
 (a) On the initiation of a commissioner [board] proceeding,
 whether by complaint, protest, or otherwise, a person who receives
 notice from the commissioner [board] of a statutory stay imposed by
 this chapter may not allow or commit any act or omission that would:
 (1) violate this chapter or any rule, order, or
 decision of the commissioner [board];
 (2) affect a legal right, duty, or privilege of any
 party before the commissioner [board]; or
 (3) tend to render ineffectual a commissioner [board]
 order in a pending proceeding.
 (c) A person affected by a statutory stay imposed by this
 chapter may initiate a proceeding before the commissioner [board]
 to modify, vacate, or clarify the extent and application of the
 statutory stay.
 SECTION 4I.92. Sections 2301.804(a) and (b), Occupations
 Code, are amended to read as follows:
 (a) If it appears that a person has violated, is violating,
 or is threatening to violate this chapter or a commissioner [board]
 rule or order, the commissioner [board or the director, if
 authorized by the board,] may cause a suit to be instituted in a
 court for:
 (1) injunctive relief to restrain the person from
 committing the violation or threat of violation;
 (2) imposition of a civil penalty; or
 (3) both injunctive relief and a civil penalty.
 (b) At the request of the commissioner [board or the
 director, if authorized by the board], the attorney general shall
 bring in the name of the state a suit for an injunction or a civil
 penalty as described by Subsection (a).
 SECTION 4I.93. Section 2301.805(b), Occupations Code, is
 amended to read as follows:
 (b) In an action brought under this section, and in the
 interest of judicial economy and efficiency, a judgment entered in
 the action must give deference to the findings of fact and
 conclusions of law of the commissioner [board] contained in any
 final order that is the basis of the action.
 SECTION 4I.94. Section 2301.806, Occupations Code, is
 amended to read as follows:
 Sec. 2301.806. COMMISSIONER [BOARD] EXEMPT FROM FILING
 FEE. Notwithstanding the other provisions of this chapter, the
 commissioner [board] is not required to pay a filing fee when filing
 a complaint or other enforcement action.
 SECTION 4I.95. Section 2305.007(a), Occupations Code, is
 amended to read as follows:
 (a) Except as provided by Subsection (b), for the purpose of
 enforcing or administering this chapter, Chapter 2302 of this code,
 or Chapter 501 or 502, Transportation Code, a member of the Texas
 Transportation Commission, an employee of the Texas Transportation
 Commission or Texas Department of Transportation, an employee of
 the Texas Department of Motor Vehicles, a member of the Public
 Safety Commission, an officer of the Department of Public Safety,
 or another peace officer who is interested in tracing or locating a
 stolen motor vehicle may at a reasonable time:
 (1) enter the premises of a business regulated under
 one of those chapters; and
 (2) inspect or copy any document, record, vehicle,
 part, or other item regulated under one of those chapters.
 SECTION 4I.96. Section 2308.252(b), Occupations Code, is
 amended to read as follows:
 (b) A parking facility owner is considered to have given
 notice under Subsection (a)(3) if:
 (1) a conspicuous notice has been attached to the
 vehicle's front windshield or, if the vehicle has no front
 windshield, to a conspicuous part of the vehicle stating:
 (A) that the vehicle is in a parking space in
 which the vehicle is not authorized to be parked;
 (B) a description of all other unauthorized areas
 in the parking facility;
 (C) that the vehicle will be towed at the expense
 of the owner or operator of the vehicle if it remains in an
 unauthorized area of the parking facility; and
 (D) a telephone number that is answered 24 hours
 a day to enable the owner or operator of the vehicle to locate the
 vehicle; and
 (2) a notice is mailed after the notice is attached to
 the vehicle as provided by Subdivision (1) to the owner of the
 vehicle by certified mail, return receipt requested, to the last
 address shown for the owner according to the vehicle registration
 records of the Texas Department of Motor Vehicles [Transportation],
 or if the vehicle is registered in another state, the appropriate
 agency of that state.
 SECTION 4I.97. The following sections of the Occupations
 Code are repealed:
 (1) Sections 2301.002(2), (10), and (13); and
 (2) Section 2301.005.
 PART J. PENAL CODE
 SECTION 4J.01. Section 31.03(c), Penal Code, is amended to
 read as follows:
 (c) For purposes of Subsection (b):
 (1) evidence that the actor has previously
 participated in recent transactions other than, but similar to,
 that which the prosecution is based is admissible for the purpose of
 showing knowledge or intent and the issues of knowledge or intent
 are raised by the actor's plea of not guilty;
 (2) the testimony of an accomplice shall be
 corroborated by proof that tends to connect the actor to the crime,
 but the actor's knowledge or intent may be established by the
 uncorroborated testimony of the accomplice;
 (3) an actor engaged in the business of buying and
 selling used or secondhand personal property, or lending money on
 the security of personal property deposited with the actor, is
 presumed to know upon receipt by the actor of stolen property (other
 than a motor vehicle subject to Chapter 501, Transportation Code)
 that the property has been previously stolen from another if the
 actor pays for or loans against the property $25 or more (or
 consideration of equivalent value) and the actor knowingly or
 recklessly:
 (A) fails to record the name, address, and
 physical description or identification number of the seller or
 pledgor;
 (B) fails to record a complete description of the
 property, including the serial number, if reasonably available, or
 other identifying characteristics; or
 (C) fails to obtain a signed warranty from the
 seller or pledgor that the seller or pledgor has the right to
 possess the property. It is the express intent of this provision
 that the presumption arises unless the actor complies with each of
 the numbered requirements;
 (4) for the purposes of Subdivision (3)(A),
 "identification number" means driver's license number, military
 identification number, identification certificate, or other
 official number capable of identifying an individual;
 (5) stolen property does not lose its character as
 stolen when recovered by any law enforcement agency;
 (6) an actor engaged in the business of obtaining
 abandoned or wrecked motor vehicles or parts of an abandoned or
 wrecked motor vehicle for resale, disposal, scrap, repair,
 rebuilding, demolition, or other form of salvage is presumed to
 know on receipt by the actor of stolen property that the property
 has been previously stolen from another if the actor knowingly or
 recklessly:
 (A) fails to maintain an accurate and legible
 inventory of each motor vehicle component part purchased by or
 delivered to the actor, including the date of purchase or delivery,
 the name, age, address, sex, and driver's license number of the
 seller or person making the delivery, the license plate number of
 the motor vehicle in which the part was delivered, a complete
 description of the part, and the vehicle identification number of
 the motor vehicle from which the part was removed, or in lieu of
 maintaining an inventory, fails to record the name and certificate
 of inventory number of the person who dismantled the motor vehicle
 from which the part was obtained;
 (B) fails on receipt of a motor vehicle to obtain
 a certificate of authority, sales receipt, or transfer document as
 required by Chapter 683, Transportation Code, or a certificate of
 title showing that the motor vehicle is not subject to a lien or
 that all recorded liens on the motor vehicle have been released; or
 (C) fails on receipt of a motor vehicle to
 immediately remove an unexpired license plate from the motor
 vehicle, to keep the plate in a secure and locked place, or to
 maintain an inventory, on forms provided by the Texas Department of
 Motor Vehicles [Transportation], of license plates kept under this
 paragraph, including for each plate or set of plates the license
 plate number and the make, motor number, and vehicle identification
 number of the motor vehicle from which the plate was removed;
 (7) an actor who purchases or receives a used or
 secondhand motor vehicle is presumed to know on receipt by the actor
 of the motor vehicle that the motor vehicle has been previously
 stolen from another if the actor knowingly or recklessly:
 (A) fails to report to the Texas Department of
 Motor Vehicles [Transportation] the failure of the person who sold
 or delivered the motor vehicle to the actor to deliver to the actor
 a properly executed certificate of title to the motor vehicle at the
 time the motor vehicle was delivered; or
 (B) fails to file with the county tax
 assessor-collector of the county in which the actor received the
 motor vehicle, not later than the 20th day after the date the actor
 received the motor vehicle, the registration license receipt and
 certificate of title or evidence of title delivered to the actor in
 accordance with Subchapter D, Chapter 520, Transportation Code, at
 the time the motor vehicle was delivered;
 (8) an actor who purchases or receives from any source
 other than a licensed retailer or distributor of pesticides a
 restricted-use pesticide or a state-limited-use pesticide or a
 compound, mixture, or preparation containing a restricted-use or
 state-limited-use pesticide is presumed to know on receipt by the
 actor of the pesticide or compound, mixture, or preparation that
 the pesticide or compound, mixture, or preparation has been
 previously stolen from another if the actor:
 (A) fails to record the name, address, and
 physical description of the seller or pledgor;
 (B) fails to record a complete description of the
 amount and type of pesticide or compound, mixture, or preparation
 purchased or received; and
 (C) fails to obtain a signed warranty from the
 seller or pledgor that the seller or pledgor has the right to
 possess the property; and
 (9) an actor who is subject to Section 409, Packers and
 Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
 a commission merchant by representing that the actor will make
 prompt payment is presumed to have induced the commission
 merchant's consent by deception if the actor fails to make full
 payment in accordance with Section 409, Packers and Stockyards Act
 (7 U.S.C. Section 228b).
 SECTION 4J.02. Section 31.11(b), Penal Code, is amended to
 read as follows:
 (b) It is an affirmative defense to prosecution under this
 section that the person was:
 (1) the owner or acting with the effective consent of
 the owner of the property involved;
 (2) a peace officer acting in the actual discharge of
 official duties; or
 (3) acting with respect to a number assigned to a
 vehicle by the Texas Department of Transportation or the Texas
 Department of Motor Vehicles, as applicable, and the person was:
 (A) in the actual discharge of official duties as
 an employee or agent of the department; or
 (B) in full compliance with the rules of the
 department as an applicant for an assigned number approved by the
 department.
 PART K. TAX CODE
 SECTION 4K.01. Section 21.02(d), Tax Code, is amended to
 read as follows:
 (d) A motor vehicle does not have taxable situs in a taxing
 unit under Subsection (a)(1) if, on January 1, the vehicle:
 (1) has been located for less than 60 days at a place
 of business of a person who holds a wholesale motor vehicle auction
 general distinguishing number issued by the Texas Department of
 Motor Vehicles [Transportation] under Chapter 503, Transportation
 Code, for that place of business; and
 (2) is offered for resale.
 SECTION 4K.02. Section 22.04(d), Tax Code, is amended to
 read as follows:
 (d) This section does not apply to a motor vehicle that on
 January 1 is located at a place of business of a person who holds a
 wholesale motor vehicle auction general distinguishing number
 issued by the Texas Department of Motor Vehicles [Transportation]
 under Chapter 503, Transportation Code, for that place of business,
 and that:
 (1) has not acquired taxable situs under Section
 21.02(a)(1) in a taxing unit that participates in the appraisal
 district because the vehicle is described by Section 21.02(d);
 (2) is offered for sale by a dealer who holds a
 dealer's general distinguishing number issued by the Texas
 Department of Motor Vehicles [Transportation] under Chapter 503,
 Transportation Code, and whose inventory of motor vehicles is
 subject to taxation in the manner provided by Sections 23.121 and
 23.122; or
 (3) is collateral possessed by a lienholder and
 offered for sale in foreclosure of a security interest.
 SECTION 4K.03. Sections 23.121(a)(3), (11), and (14), Tax
 Code, are amended to read as follows:
 (3) "Dealer" means a person who holds a dealer's
 general distinguishing number issued by the Texas Department of
 Motor Vehicles [Transportation] under the authority of Chapter 503,
 Transportation Code, or who is legally recognized as a motor
 vehicle dealer pursuant to the law of another state and who complies
 with the terms of Section 152.063(f). The term does not include:
 (A) a person who holds a manufacturer's license
 issued by the [Motor Vehicle Board of the] Texas Department of Motor
 Vehicles [Transportation];
 (B) an entity that is owned or controlled by a
 person who holds a manufacturer's license issued by the [Motor
 Vehicle Board of the] Texas Department of Motor Vehicles
 [Transportation]; or
 (C) a dealer whose general distinguishing number
 issued by the Texas Department of Motor Vehicles [Transportation]
 under the authority of Chapter 503, Transportation Code, prohibits
 the dealer from selling a vehicle to any person except a dealer.
 (11) "Sales price" means the total amount of money
 paid or to be paid for the purchase of a motor vehicle as set forth
 as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of Motor
 Vehicles [Transportation]. In a transaction that does not involve
 the use of that form, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Title if that form were involved.
 (14) "Towable recreational vehicle" means a
 nonmotorized vehicle that is designed for temporary human
 habitation for recreational, camping, or seasonal use and:
 (A) is titled and registered with the Texas
 Department of Motor Vehicles [Transportation] through the office of
 the collector;
 (B) is permanently built on a single chassis;
 (C) contains one or more life support systems;
 and
 (D) is designed to be towable by a motor vehicle.
 SECTION 4K.04. Sections 23.121(f), (g), and (h), Tax Code,
 are amended to read as follows:
 (f) The comptroller shall promulgate a form entitled
 Dealer's Motor Vehicle Inventory Declaration. Except as provided
 by Section 23.122(l) of this code, not later than February 1 of each
 year, or, in the case of a dealer who was not in business on January
 1, not later than 30 days after commencement of business, each
 dealer shall file a declaration with the chief appraiser and file a
 copy with the collector. For purposes of this subsection, a dealer
 is presumed to have commenced business on the date of issuance to
 the dealer of a dealer's general distinguishing number as provided
 by Chapter 503, Transportation Code. Notwithstanding the
 presumption created by this subsection, a chief appraiser may, at
 his or her sole discretion, designate as the date on which a dealer
 commenced business a date other than the date of issuance to the
 dealer of a dealer's general distinguishing number. The
 declaration is sufficient to comply with this subsection if it sets
 forth the following information:
 (1) the name and business address of each location at
 which the dealer owner conducts business;
 (2) each of the dealer's general distinguishing
 numbers issued by the Texas Department of Motor Vehicles
 [Transportation];
 (3) a statement that the dealer owner is the owner of a
 dealer's motor vehicle inventory; and
 (4) the market value of the dealer's motor vehicle
 inventory for the current tax year as computed under Section
 23.121(b) of this code.
 (g) Under the terms provided by this subsection, the chief
 appraiser may examine the books and records of the holder of a
 general distinguishing number issued by the Texas Department of
 Motor Vehicles [Transportation]. A request made under this
 subsection must be made in writing, delivered personally to the
 custodian of the records, at the location for which the general
 distinguishing number has been issued, must provide a period not
 less than 15 days for the person to respond to the request, and must
 state that the person to whom it is addressed has the right to seek
 judicial relief from compliance with the request. In a request made
 under this section the chief appraiser may examine:
 (1) the document issued by the Texas Department of
 Motor Vehicles [Transportation] showing the person's general
 distinguishing number;
 (2) documentation appropriate to allow the chief
 appraiser to ascertain the applicability of this section and
 Section 23.122 of this code to the person;
 (3) sales records to substantiate information set
 forth in the dealer's declaration filed by the person.
 (h) If a dealer fails to file a declaration as required by
 this section, or if, on the declaration required by this section, a
 dealer reports the sale of fewer than five motor vehicles in the
 prior year, the chief appraiser shall report that fact to the Texas
 Department of Motor Vehicles [Transportation] and the department
 shall initiate termination proceedings. The chief appraiser shall
 include with the report a copy of a declaration, if any, indicating
 the sale by a dealer of fewer than five motor vehicles in the prior
 year. A report by a chief appraiser to the Texas Department of
 Motor Vehicles [Transportation] as provided by this subsection is
 prima facie grounds for the cancellation of the dealer's general
 distinguishing number under Section 503.038(a)(9), Transportation
 Code, or for refusal by the Texas Department of Motor Vehicles
 [Transportation] to renew the dealer's general distinguishing
 number.
 SECTION 4K.05. Section 23.123(c), Tax Code, is amended to
 read as follows:
 (c) Information made confidential by this section may be
 disclosed:
 (1) in a judicial or administrative proceeding
 pursuant to a lawful subpoena;
 (2) to the person who filed the declaration or
 statement or to that person's representative authorized by the
 person in writing to receive the information;
 (3) to the comptroller or an employee of the
 comptroller authorized by the comptroller to receive the
 information;
 (4) to a collector or chief appraiser;
 (5) to a district attorney, criminal district attorney
 or county attorney involved in the enforcement of a penalty imposed
 pursuant to Section 23.121 or Section 23.122 of this code;
 (6) for statistical purposes if in a form that does not
 identify specific property or a specific property owner;
 (7) if and to the extent that the information is
 required for inclusion in a public document or record that the
 appraisal or collection office is required by law to prepare or
 maintain; or
 (8) to the Texas Department of Motor Vehicles
 [Transportation] for use by that department in auditing compliance
 of its licensees with appropriate provisions of applicable law.
 SECTION 4K.06. Section 23.124(a)(11), Tax Code, is amended
 to read as follows:
 (11) "Sales price" means the total amount of money
 paid or to be paid for the purchase of:
 (A) a vessel, other than a trailer that is
 treated as a vessel, as set forth as "sales price" in the form
 entitled "Application for Texas Certificate of Number/Title for
 Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
 and Wildlife Department;
 (B) an outboard motor as set forth as "sales
 price" in the form entitled "Application for Texas Certificate of
 Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
 promulgated by the Parks and Wildlife Department; or
 (C) a trailer that is treated as a vessel as set
 forth as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of Motor
 Vehicles [Transportation].
 In a transaction involving a vessel, an outboard motor,
 or a trailer that is treated as a vessel that does not involve the
 use of one of these forms, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
 Application for Texas Certificate of Title for an Outboard
 Motor/Seller, Donor or Trader's Affidavit, or the Application for
 Texas Certificate of Title if one of these forms were involved.
 SECTION 4K.07. Section 113.011, Tax Code, is amended to
 read as follows:
 Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
 VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
 Texas Department of Motor Vehicles [Transportation] each release of
 a tax lien filed by the comptroller with that department.
 SECTION 4K.08. Sections 152.0412(a) and (f), Tax Code, are
 amended to read as follows:
 (a) In this section, "standard presumptive value" means the
 private-party transaction value of a motor vehicle, as determined
 by the Texas Department of Motor Vehicles [Transportation] based on
 an appropriate regional guidebook of a nationally recognized motor
 vehicle value guide service, or based on another motor vehicle
 guide publication that the department determines is appropriate if
 a private-party transaction value for the motor vehicle is not
 available from a regional guidebook described by this subsection.
 (f) The Texas Department of Motor Vehicles [Transportation]
 shall maintain information on the standard presumptive values of
 motor vehicles as part of the department's registration and title
 system. The department shall update the information at least
 quarterly each calendar year and publish, electronically or
 otherwise, the updated information.
 SECTION 4K.09. Section 152.042, Tax Code, is amended to
 read as follows:
 Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
 person required to pay the tax imposed by Section 152.027 shall pay
 the tax to the Texas Department of Motor Vehicles [Transportation],
 and the department may not issue the metal dealer's plates until the
 tax is paid.
 SECTION 4K.10. Section 152.121(b), Tax Code, is amended to
 read as follows:
 (b) Taxes on metal dealer plates collected by the Texas
 Department of Motor Vehicles [Transportation] shall be deposited by
 the department in the state treasury in the same manner as are other
 taxes collected under this chapter.
 SECTION 4K.11. Section 162.001(52), Tax Code, is amended to
 read as follows:
 (52) "Registered gross weight" means the total weight
 of the vehicle and carrying capacity shown on the registration
 certificate issued by the Texas Department of Motor Vehicles
 [Transportation].
 ARTICLE 5. CONFORMING AMENDMENTS PERTAINING TO DEPARTMENT OF
 PUBLIC SAFETY IN OTHER CODES AND STATUTES
 PART A. ALCOHOLIC BEVERAGE CODE
 SECTION 5A.01. Section 106.03(b), Alcoholic Beverage Code,
 is amended to read as follows:
 (b) A person who sells a minor an alcoholic beverage does
 not commit an offense if the minor falsely represents himself to be
 21 years old or older by displaying an apparently valid Texas
 driver's license or an identification certificate [card] issued by
 the Texas Department of Public Safety or the Texas Department of
 Motor Vehicles, as applicable, containing a physical description
 consistent with his appearance for the purpose of inducing the
 person to sell him an alcoholic beverage.
 SECTION 5A.02. Section 106.071(d), Alcoholic Beverage
 Code, is amended to read as follows:
 (d) In addition to any fine and any order issued under
 Section 106.115:
 (1) the court shall order a minor placed on deferred
 disposition for or convicted of an offense to which this section
 applies to perform community service for:
 (A) not less than eight or more than 12 hours, if
 the minor has not been previously convicted of an offense to which
 this section applies; or
 (B) not less than 20 or more than 40 hours, if the
 minor has been previously convicted once of an offense to which this
 section applies; and
 (2) the court shall order the Texas Department of
 Motor Vehicles [Public Safety] to suspend the driver's license or
 permit of a minor convicted of an offense to which this section
 applies or, if the minor does not have a driver's license or permit,
 to deny the issuance of a driver's license or permit for:
 (A) 30 days, if the minor has not been previously
 convicted of an offense to which this section applies;
 (B) 60 days, if the minor has been previously
 convicted once of an offense to which this section applies; or
 (C) 180 days, if the minor has been previously
 convicted twice or more of an offense to which this section applies.
 SECTION 5A.03. Sections 106.115(d) and (e), Alcoholic
 Beverage Code, are amended to read as follows:
 (d) If the defendant does not present the required evidence
 within the prescribed period, the court:
 (1) shall order the Texas Department of Motor Vehicles
 [Public Safety] to:
 (A) suspend the defendant's driver's license or
 permit for a period not to exceed six months or, if the defendant
 does not have a license or permit, to deny the issuance of a license
 or permit to the defendant for that period; or
 (B) if the defendant has been previously
 convicted of an offense under one or more of the sections listed in
 Subsection (a), suspend the defendant's driver's license or permit
 for a period not to exceed one year or, if the defendant does not
 have a license or permit, to deny the issuance of a license or
 permit to the defendant for that period; and
 (2) may order the defendant or the parent, managing
 conservator, or guardian of the defendant to do any act or refrain
 from doing any act if the court determines that doing the act or
 refraining from doing the act will increase the likelihood that the
 defendant will present evidence to the court that the defendant has
 satisfactorily completed an alcohol awareness program or performed
 the required hours of community service.
 (e) The Texas Department of Motor Vehicles [Public Safety]
 shall send notice of the suspension or prohibition order issued
 under Subsection (d) by first class mail to the defendant. The
 notice must include the date of the suspension or prohibition
 order, the reason for the suspension or prohibition, and the period
 covered by the suspension or prohibition.
 SECTION 5A.04. Section 106.15(e), Alcoholic Beverage Code,
 is amended to read as follows:
 (e) A person does not commit an offense under Subsection (a)
 if the person younger than 18 years of age falsely represents the
 person's age to be at least 18 years of age by displaying an
 apparently valid Texas driver's license or an identification
 certificate [card] issued by the Department of Public Safety or the
 Texas Department of Motor Vehicles, as applicable, containing a
 physical description consistent with the person's appearance.
 PART B. CODE OF CRIMINAL PROCEDURE
 SECTION 5B.01. Article 42.016, Code of Criminal Procedure,
 is amended to read as follows:
 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
 of, receives a grant of deferred adjudication for, or is
 adjudicated as having engaged in delinquent conduct based on a
 violation of an offense for which a conviction or adjudication
 requires registration as a sex offender under Chapter 62, the court
 shall:
 (1) issue an order requiring the Texas Department of
 Motor Vehicles [Public Safety] to include in any driver's license
 record or personal identification certificate record maintained by
 the department for the person an indication that the person is
 subject to the registration requirements of Chapter 62;
 (2) require the person to apply to the Texas
 Department of Motor Vehicles [Public Safety] in person for an
 original or renewal driver's license or personal identification
 certificate not later than the 30th day after the date the person is
 released or the date the department sends written notice to the
 person of the requirements of Article 62.060, as applicable, and to
 annually renew the license or certificate;
 (3) notify the person of the consequence of the
 conviction or order of deferred adjudication as it relates to the
 order issued under this article; and
 (4) send to the Texas Department of Motor Vehicles
 [Public Safety] a copy of the record of conviction, a copy of the
 order granting deferred adjudication, or a copy of the juvenile
 adjudication, as applicable, and a copy of the order issued under
 this article.
 SECTION 5B.02. Sections 13(h), (j), (l), and (m), Article
 42.12, Code of Criminal Procedure, are amended to read as follows:
 (h) If a person convicted of an offense under Sections
 49.04-49.08, Penal Code, is placed on community supervision, the
 judge shall require, as a condition of the community supervision,
 that the defendant attend and successfully complete before the
 181st day after the day community supervision is granted an
 educational program jointly approved by the Texas Commission on
 Alcohol and Drug Abuse, the Department of Public Safety, the
 Traffic Safety Section of the Texas Department of Transportation,
 and the community justice assistance division of the Texas
 Department of Criminal Justice designed to rehabilitate persons who
 have driven while intoxicated. The Texas Commission on Alcohol and
 Drug Abuse shall publish the jointly approved rules and shall
 monitor, coordinate, and provide training to persons providing the
 educational programs. The Texas Commission on Alcohol and Drug
 Abuse is responsible for the administration of the certification of
 approved educational programs and may charge a nonrefundable
 application fee for the initial certification of approval and for
 renewal of a certificate. The judge may waive the educational
 program requirement or may grant an extension of time to
 successfully complete the program that expires not later than one
 year after the beginning date of the person's community
 supervision, however, if the defendant by a motion in writing shows
 good cause. In determining good cause, the judge may consider but
 is not limited to: the defendant's school and work schedule, the
 defendant's health, the distance that the defendant must travel to
 attend an educational program, and the fact that the defendant
 resides out of state, has no valid driver's license, or does not
 have access to transportation. The judge shall set out the finding
 of good cause for waiver in the judgment. If a defendant is
 required, as a condition of community supervision, to attend an
 educational program or if the court waives the educational program
 requirement, the court clerk shall immediately report that fact to
 the Texas Department of Motor Vehicles [Public Safety], on a form
 prescribed by the department, for inclusion in the person's driving
 record. If the court grants an extension of time in which the
 person may complete the program, the court clerk shall immediately
 report that fact to the Texas Department of Motor Vehicles [Public
 Safety] on a form prescribed by the department. The report must
 include the beginning date of the person's community supervision.
 Upon the person's successful completion of the educational program,
 the person's instructor shall give notice to the Texas Department
 of Motor Vehicles [Public Safety] for inclusion in the person's
 driving record and to the community supervision and corrections
 department. The community supervision and corrections department
 shall then forward the notice to the court clerk for filing. If the
 Texas Department of Motor Vehicles [Public Safety] does not receive
 notice that a defendant required to complete an educational program
 has successfully completed the program within the period required
 by this section, as shown on department records, the department
 shall revoke the defendant's driver's license, permit, or privilege
 or prohibit the person from obtaining a license or permit, as
 provided by Sections 521.344(e) and (f), Transportation Code. The
 Texas Department of Motor Vehicles [Public Safety] may not
 reinstate a license suspended under this subsection unless the
 person whose license was suspended makes application to the
 department for reinstatement of the person's license and pays to
 the department a reinstatement fee of $50. The Texas Department of
 Motor Vehicles [Public Safety] shall remit all fees collected under
 this subsection to the comptroller for deposit in the general
 revenue fund. This subsection does not apply to a defendant if a
 jury recommends community supervision for the defendant and also
 recommends that the defendant's driver's license not be suspended.
 (j) The judge shall require a defendant who is punished
 under Section 49.09, Penal Code, as a condition of community
 supervision, to attend and successfully complete an educational
 program for repeat offenders approved by the Texas Commission on
 Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
 Abuse shall adopt rules and shall monitor, coordinate, and provide
 training to persons providing the educational programs. The Texas
 Commission on Alcohol and Drug Abuse is responsible for the
 administration of the certification of approved educational
 programs and may charge a nonrefundable application fee for initial
 certification of approval or for renewal of the certification. The
 judge may waive the educational program requirement only if the
 defendant by a motion in writing shows good cause. In determining
 good cause, the judge may consider the defendant's school and work
 schedule, the defendant's health, the distance that the defendant
 must travel to attend an educational program, and whether the
 defendant resides out of state or does not have access to
 transportation. The judge shall set out the finding of good cause
 in the judgment. If a defendant is required, as a condition of
 community supervision, to attend an educational program, the court
 clerk shall immediately report that fact to the Texas Department of
 Motor Vehicles [Public Safety], on a form prescribed by the
 department, for inclusion in the defendant's driving record. The
 report must include the beginning date of the defendant's community
 supervision. On the defendant's successful completion of the
 educational program for repeat offenders, the defendant's
 instructor shall give notice to the Texas Department of Motor
 Vehicles [Public Safety] for inclusion in the defendant's driving
 record and to the community supervision and corrections department.
 The community supervision and corrections department shall then
 forward the notice to the court clerk for filing. If the Texas
 Department of Motor Vehicles [Public Safety] does not receive
 notice that a defendant required to complete an educational program
 has successfully completed the program for repeat offenders within
 the period required by the judge, as shown on department records,
 the department shall revoke the defendant's driver's license,
 permit, or privilege or prohibit the defendant from obtaining a
 license or permit, as provided by Sections 521.344(e) and (f),
 Transportation Code.
 (l) If the Texas Department of Motor Vehicles [Public
 Safety] receives notice that a defendant has been required or
 permitted to attend a subsequent educational program under
 Subsection (h), (j), or (k) of this section, although the
 previously required attendance had been waived, but the judge has
 not ordered a period of suspension, the department shall suspend
 the defendant's driver's license, permit, or operating privilege,
 or shall issue an order prohibiting the defendant from obtaining a
 license or permit for a period of 365 days.
 (m) If a judge revokes the community supervision of a
 defendant for an offense under Section 49.04, Penal Code, or an
 offense involving the operation of a motor vehicle under Section
 49.07, Penal Code, and the driver's license or privilege to operate
 a motor vehicle has not previously been ordered by the judge to be
 suspended, or if the suspension was previously probated, the judge
 shall suspend the license or privilege for a period provided under
 Subchapter O, Chapter 521, Transportation Code. The suspension
 shall be reported to the Texas Department of Motor Vehicles [Public
 Safety] as provided under Section 521.347, Transportation Code.
 SECTION 5B.03. Articles 45.050(c) and (f), Code of Criminal
 Procedure, are amended to read as follows:
 (c) If a child fails to obey an order of a justice or
 municipal court under circumstances that would constitute contempt
 of court, the justice or municipal court, after providing notice
 and an opportunity to be heard, may:
 (1) refer the child to the appropriate juvenile court
 for delinquent conduct for contempt of the justice or municipal
 court order; or
 (2) retain jurisdiction of the case, hold the child in
 contempt of the justice or municipal court, and order either or both
 of the following:
 (A) that the contemnor pay a fine not to exceed
 $500; or
 (B) that the Texas Department of Motor Vehicles
 [Public Safety] suspend the contemnor's driver's license or permit
 or, if the contemnor does not have a license or permit, to deny the
 issuance of a license or permit to the contemnor until the contemnor
 fully complies with the orders of the court.
 (f) A court that orders suspension or denial of a driver's
 license or permit under Subsection (c)(2)(B) shall notify the Texas
 Department of Motor Vehicles [Public Safety] on receiving proof of
 compliance with the orders of the court.
 SECTION 5B.04. Articles 45.051(b-1) and (b-3), Code of
 Criminal Procedure, are amended to read as follows:
 (b-1) If the defendant is younger than 25 years of age and
 the offense committed by the defendant is a traffic offense
 classified as a moving violation:
 (1) Subsection (b)(8) does not apply;
 (2) during the deferral period, the judge shall
 require the defendant to complete a driving safety course approved
 under Chapter 1001, Education Code; and
 (3) if the defendant holds a provisional license,
 during the deferral period the judge shall require that the
 defendant be examined by the Texas Department of Motor Vehicles
 [Public Safety] as required by Section 521.161(b)(2),
 Transportation Code; a defendant is not exempt from the examination
 regardless of whether the defendant was examined previously.
 (b-3) The fee collected under Subsection (b-2) must be
 deposited to the credit of a special account in the general revenue
 fund and may be used only by the Texas Department of Motor Vehicles
 [Public Safety] for the administration of Chapter 521,
 Transportation Code.
 SECTION 5B.05. Articles 45.0511(c), (c-1), and (l), Code of
 Criminal Procedure, are amended to read as follows:
 (c) The court shall enter judgment on the defendant's plea
 of no contest or guilty at the time the plea is made, defer
 imposition of the judgment, and allow the defendant 90 days to
 successfully complete the approved driving safety course or
 motorcycle operator training course and present to the court:
 (1) a uniform certificate of completion of the driving
 safety course or a verification of completion of the motorcycle
 operator training course;
 (2) unless the judge proceeds under Subsection (c-1),
 the defendant's driving record as maintained by the Texas
 Department of Motor Vehicles [Public Safety], if any, showing that
 the defendant had not completed an approved driving safety course
 or motorcycle operator training course, as applicable, within the
 12 months preceding the date of the offense;
 (3) an affidavit stating that the defendant was not
 taking a driving safety course or motorcycle operator training
 course, as applicable, under this article on the date the request to
 take the course was made and had not completed such a course that is
 not shown on the defendant's driving record within the 12 months
 preceding the date of the offense; and
 (4) if the defendant does not have a valid Texas
 driver's license or permit and is a member, or the spouse or
 dependent child of a member, of the United States military forces
 serving on active duty, an affidavit stating that the defendant was
 not taking a driving safety course or motorcycle operator training
 course, as appropriate, in another state on the date the request to
 take the course was made and had not completed such a course within
 the 12 months preceding the date of the offense.
 (c-1) In this subsection, "TexasOnline" has the meaning
 assigned by Section 2054.003, Government Code. As an alternative
 to receiving the defendant's driving record under Subsection
 (c)(2), the judge, at the time the defendant requests a driving
 safety course or motorcycle operator training course dismissal
 under this article, may require the defendant to pay a fee in an
 amount equal to the sum of the amount of the fee established by
 Section 521.048, Transportation Code, and the TexasOnline fee and,
 using TexasOnline, may request the Texas Department of Motor
 Vehicles [Public Safety] to provide the judge with a copy of the
 defendant's driving record that shows the information described by
 Section 521.047(b), Transportation Code. As soon as practicable
 and using TexasOnline, the Texas Department of Motor Vehicles
 [Public Safety] shall provide the judge with the requested copy of
 the defendant's driving record. The fee authorized by this
 subsection is in addition to any other fee required under this
 article. If the copy of the defendant's driving record provided to
 the judge under this subsection shows that the defendant has not
 completed an approved driving safety course or motorcycle operator
 training course, as appropriate, within the 12 months preceding the
 date of the offense, the judge shall allow the defendant to complete
 the appropriate course as provided by this article. The custodian
 of a municipal or county treasury who receives fees collected under
 this subsection shall keep a record of the fees and, without
 deduction or proration, forward the fees to the comptroller, with
 and in the manner required for other fees and costs received in
 connection with criminal cases. The comptroller shall credit fees
 received under this subsection to the Texas Department of Motor
 Vehicles [Public Safety].
 (l) When a defendant complies with Subsection (c), the court
 shall:
 (1) remove the judgment and dismiss the charge;
 (2) report the fact that the defendant successfully
 completed a driving safety course or a motorcycle operator training
 course and the date of completion to the Texas Department of Motor
 Vehicles [Public Safety] for inclusion in the person's driving
 record; and
 (3) state in that report whether the course was taken
 under this article to provide information necessary to determine
 eligibility to take a subsequent course under Subsection (b).
 SECTION 5B.06. Article 45.052(d), Code of Criminal
 Procedure, is amended to read as follows:
 (d) A charge dismissed under this article may not be part of
 the defendant's criminal record or driving record or used for any
 purpose. However, if the charge was for a traffic offense, the
 court shall report to the Texas Department of Motor Vehicles
 [Public Safety] that the defendant successfully completed the teen
 court program and the date of completion for inclusion in the
 defendant's driving record.
 SECTION 5B.07. Article 45.054(f), Code of Criminal
 Procedure, is amended to read as follows:
 (f) In addition to any other order authorized by this
 article, the court may order the Texas Department of Motor Vehicles
 [Public Safety] to suspend the driver's license or permit of the
 individual who is the subject of the hearing or, if the individual
 does not have a license or permit, to deny the issuance of a license
 or permit to the individual for a period specified by the court not
 to exceed 365 days.
 PART C. EDUCATION CODE
 SECTION 5C.01. Section 22.051(a), Education Code, is
 amended to read as follows:
 (a) In this subchapter, "professional employee of a school
 district" includes:
 (1) a superintendent, principal, teacher, including a
 substitute teacher, supervisor, social worker, counselor, nurse,
 and teacher's aide employed by a school district;
 (2) a teacher employed by a company that contracts
 with a school district to provide the teacher's services to the
 district;
 (3) a student in an education preparation program
 participating in a field experience or internship;
 (4) a school bus driver certified in accordance with
 standards and qualifications adopted by the Texas Department of
 Motor Vehicles [Public Safety of the State of Texas];
 (5) a member of the board of trustees of an independent
 school district; and
 (6) any other person employed by a school district
 whose employment requires certification and the exercise of
 discretion.
 SECTION 5C.02. Section 51.207(c), Education Code, is
 amended to read as follows:
 (c) The commissioner of motor vehicles [Public Safety
 Commission] shall adopt rules providing for the inspection under
 Subchapter F, Chapter 548, Transportation Code, of motor vehicles
 not registered in this state for purposes of Subsection (b).
 SECTION 5C.03. Section 1001.001(5), Education Code, is
 amended to read as follows:
 (5) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 PART D. ELECTION CODE
 SECTION 5D.01. Section 13.002(c), Election Code, is amended
 to read as follows:
 (c) A registration application must include:
 (1) the applicant's first name, middle name, if any,
 last name, and former name, if any;
 (2) the month, day, and year of the applicant's birth;
 (3) a statement that the applicant is a United States
 citizen;
 (4) a statement that the applicant is a resident of the
 county;
 (5) a statement that the applicant has not been
 determined by a final judgment of a court exercising probate
 jurisdiction to be:
 (A) totally mentally incapacitated; or
 (B) partially mentally incapacitated without the
 right to vote;
 (6) a statement that the applicant has not been
 finally convicted of a felony or that the applicant is a felon
 eligible for registration under Section 13.001;
 (7) the applicant's residence address or, if the
 residence has no address, the address at which the applicant
 receives mail and a concise description of the location of the
 applicant's residence;
 (8) the following information:
 (A) the applicant's Texas driver's license number
 or the number of a personal identification certificate [card]
 issued by the Department of Public Safety or the Texas Department of
 Motor Vehicles, as applicable, or a statement by the applicant that
 the applicant has not been issued a driver's license or personal
 identification certificate [card]; or
 (B) if the applicant has not been issued a number
 described by Paragraph (A), the last four digits of the applicant's
 social security number or a statement by the applicant that the
 applicant has not been issued a social security number;
 (9) if the application is made by an agent, a statement
 of the agent's relationship to the applicant; and
 (10) the city and county in which the applicant
 formerly resided.
 SECTION 5D.02. Section 13.004(c), Election Code, is amended
 to read as follows:
 (c) The following information furnished on a registration
 application is confidential and does not constitute public
 information for purposes of Chapter 552, Government Code:
 (1) a social security number;
 (2) a Texas driver's license number;
 (3) a number of a personal identification certificate
 [card] issued by the Department of Public Safety or the Texas
 Department of Motor Vehicles, as applicable;
 (4) an indication that an applicant is interested in
 working as an election judge; or
 (5) the residence address of the applicant, if the
 applicant is a federal judge or state judge, as defined by Section
 13.0021, and included an affidavit with the registration
 application under Section 13.0021 or the registrar has received an
 affidavit submitted under Section 15.0215.
 SECTION 5D.03. Section 13.072(a), Election Code, is amended
 to read as follows:
 (a) Unless the registrar challenges the applicant, the
 registrar shall approve the application if:
 (1) the registrar determines that an application
 complies with Section 13.002 and indicates that the applicant is
 eligible for registration; and
 (2) for an applicant who has not included a statement
 described by Section 13.002(c)(8) [13.002(c)(8)(C)], the registrar
 verifies with the secretary of state:
 (A) the applicant's Texas driver's license number
 or number of a personal identification certificate [card] issued by
 the Department of Public Safety or the Texas Department of Motor
 Vehicles, as applicable; or
 (B) the last four digits of the applicant's
 social security number.
 SECTION 5D.04. Section 13.122(a), Election Code, is amended
 to read as follows:
 (a) In addition to the other statements and spaces for
 entering information that appear on an officially prescribed
 registration application form, each official form must include:
 (1) the statement: "I understand that giving false
 information to procure a voter registration is perjury and a crime
 under state and federal law.";
 (2) a space for the applicant's registration number;
 (3) a space for the applicant's Texas driver's license
 number or number of a personal identification certificate [card]
 issued by the Department of Public Safety or the Texas Department of
 Motor Vehicles, as applicable;
 (4) a space for the applicant's telephone number;
 (5) a space for the applicant's social security
 number;
 (6) a space for the applicant's sex;
 (7) a statement indicating that the furnishing of the
 applicant's telephone number and sex is optional;
 (8) a space or box for indicating whether the
 applicant or voter is submitting new registration information or a
 change in current registration information;
 (9) a statement instructing a voter who is using the
 form to make a change in current registration information to enter
 the voter's name and the changed information in the appropriate
 spaces on the form;
 (10) a statement that if the applicant declines to
 register to vote, that fact will remain confidential and will be
 used only for voter registration purposes;
 (11) a statement that if the applicant does register
 to vote, information regarding the agency or office to which the
 application is submitted will remain confidential and will be used
 only for voter registration purposes;
 (12) a space or box for indicating whether the
 applicant is interested in working as an election judge;
 (13) a statement warning that a conviction for making
 a false statement may result in imprisonment for up to the maximum
 amount of time provided by law, a fine of up to the maximum amount
 provided by law, or both the imprisonment and the fine; and
 (14) any other voter registration information
 required by federal law or considered appropriate and required by
 the secretary of state.
 SECTION 5D.05. Section 16.031(a), Election Code, is amended
 to read as follows:
 (a) The registrar shall cancel a voter's registration
 immediately on receipt of:
 (1) notice under Section 13.072(b) or 15.021 or a
 response under Section 15.053 that the voter's residence is outside
 the county;
 (2) an abstract of the voter's death certificate under
 Section 16.001(a) or an abstract of an application indicating that
 the voter is deceased under Section 16.001(b);
 (3) an abstract of a final judgment of the voter's
 total mental incapacity, partial mental incapacity without the
 right to vote, conviction of a felony, or disqualification under
 Section 16.002, 16.003, or 16.004;
 (4) notice under Section 112.012 that the voter has
 applied for a limited ballot in another county;
 (5) notice from a voter registration official in
 another state that the voter has registered to vote outside this
 state; or
 (6) notice from the secretary of state that the voter
 has registered to vote in another county, as determined by the
 voter's driver's license number or personal identification
 certificate [card] number issued by the Department of Public Safety
 or the Texas Department of Motor Vehicles, as applicable, or social
 security number.
 SECTION 5D.06. The heading to Subchapter C, Chapter 20,
 Election Code, is amended to read as follows:
 SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
 SECTION 5D.07. Section 20.061, Election Code, is amended to
 read as follows:
 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
 provisions of this chapter apply to the Texas Department of Motor
 Vehicles [Public Safety] except provisions that conflict with this
 subchapter.
 SECTION 5D.08. Section 20.062(a), Election Code, is amended
 to read as follows:
 (a) The Texas Department of Motor Vehicles [Public Safety]
 shall prescribe and use a form and procedure that combines the
 department's application form for a license or certificate [card]
 with an officially prescribed voter registration application form.
 SECTION 5D.09. Section 20.063(a), Election Code, is amended
 to read as follows:
 (a) The Texas Department of Motor Vehicles [Public Safety]
 shall provide to each person who applies in person at the
 department's offices for an original or renewal of a driver's
 license, a personal identification certificate [card], or a
 duplicate or corrected license or certificate [card] an opportunity
 to complete a voter registration application form.
 SECTION 5D.10. Section 20.064, Election Code, is amended to
 read as follows:
 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas
 Department of Motor Vehicles [Public Safety] is not required to
 comply with the procedures prescribed by this chapter relating to
 the form for a declination of voter registration.
 SECTION 5D.11. Section 20.065(a), Election Code, is amended
 to read as follows:
 (a) At the end of each day a Texas Department of Motor
 Vehicles [Public Safety] office is regularly open for business, the
 manager of the office shall deliver by mail or in person to the
 voter registrar of the county in which the office is located each
 completed voter registration application and applicable change of
 address submitted to a department employee.
 SECTION 5D.12. Section 20.066(a), Election Code, is amended
 to read as follows:
 (a) If a person completes a voter registration application
 as provided by Section 20.063, the Texas Department of Motor
 Vehicles [Public Safety] shall:
 (1) input the information provided on the application
 into the department's electronic data system; and
 (2) inform the applicant that the applicant's
 electronic signature provided to the department will be used for
 submitting the applicant's voter registration application.
 SECTION 5D.13. Section 63.0101, Election Code, is amended
 to read as follows:
 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
 The following documentation is acceptable as proof of
 identification under this chapter:
 (1) a driver's license or personal identification
 certificate [card] issued to the person by the Department of Public
 Safety or the Texas Department of Motor Vehicles, as applicable, or
 a similar document issued to the person by an agency of another
 state, regardless of whether the license or certificate [card] has
 expired;
 (2) a form of identification containing the person's
 photograph that establishes the person's identity;
 (3) a birth certificate or other document confirming
 birth that is admissible in a court of law and establishes the
 person's identity;
 (4) United States citizenship papers issued to the
 person;
 (5) a United States passport issued to the person;
 (6) official mail addressed to the person by name from
 a governmental entity;
 (7) a copy of a current utility bill, bank statement,
 government check, paycheck, or other government document that shows
 the name and address of the voter; or
 (8) any other form of identification prescribed by the
 secretary of state.
 SECTION 5D.14. Section 65.060, Election Code, is amended to
 read as follows:
 Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
 LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
 AFFIDAVIT. A social security number, Texas driver's license
 number, or number of a personal identification certificate [card]
 issued by the Department of Public Safety or the Texas Department of
 Motor Vehicles, as applicable, furnished on a provisional ballot
 affidavit is confidential and does not constitute public
 information for purposes of Chapter 552, Government Code. The
 general custodian of election records shall ensure that a social
 security number, Texas driver's license number, or number of a
 personal identification certificate [card] issued by the
 Department of Public Safety or the Texas Department of Motor
 Vehicles, as applicable, is excluded from disclosure.
 PART E. FAMILY CODE
 SECTION 5E.01. Sections 54.042(a), (b), (f), and (g),
 Family Code, are amended to read as follows:
 (a) A juvenile court, in a disposition hearing under Section
 54.04, shall:
 (1) order the Texas Department of Motor Vehicles
 [Public Safety] to suspend a child's driver's license or permit, or
 if the child does not have a license or permit, to deny the issuance
 of a license or permit to the child if the court finds that the child
 has engaged in conduct that violates a law of this state enumerated
 in Section 521.342(a), Transportation Code; or
 (2) notify the Texas Department of Motor Vehicles
 [Public Safety] of the adjudication, if the court finds that the
 child has engaged in conduct that violates a law of this state
 enumerated in Section 521.372(a), Transportation Code.
 (b) A juvenile court, in a disposition hearing under Section
 54.04, may order the Texas Department of Motor Vehicles [Public
 Safety] to suspend a child's driver's license or permit or, if the
 child does not have a license or permit, to deny the issuance of a
 license or permit to the child, if the court finds that the child
 has engaged in conduct that violates Section 28.08, Penal Code.
 (f) A juvenile court, in a disposition hearing under Section
 54.04, may order the Texas Department of Motor Vehicles [Public
 Safety] to suspend a child's driver's license or permit or, if the
 child does not have a license or permit, to deny the issuance of a
 license or permit to the child for a period not to exceed 12 months
 if the court finds that the child has engaged in conduct in need of
 supervision or delinquent conduct other than the conduct described
 by Subsection (a).
 (g) A juvenile court that places a child on probation under
 Section 54.04 may require as a reasonable condition of the
 probation that if the child violates the probation, the court may
 order the Texas Department of Motor Vehicles [Public Safety] to
 suspend the child's driver's license or permit or, if the child does
 not have a license or permit, to deny the issuance of a license or
 permit to the child for a period not to exceed 12 months. The court
 may make this order if a child that is on probation under this
 condition violates the probation. A suspension under this
 subsection is cumulative of any other suspension under this
 section.
 SECTION 5E.02. Section 54.0481(c), Family Code, as added by
 Chapter 908 (H.B. 2884), Acts of the 80th Legislature, Regular
 Session, 2007, is amended to read as follows:
 (c) On or before the fifth anniversary of the date the
 juvenile probation department receives a payment for a victim that
 is not claimed by the victim, the department shall make and document
 a good faith effort to locate and notify the victim that an
 unclaimed payment exists, including:
 (1) confirming, if possible, the victim's most recent
 address with the Texas Department of Motor Vehicles [Public
 Safety]; and
 (2) making at least one additional certified mailing
 to the victim.
 SECTION 5E.03. Sections 203.007(b) and (g), Family Code,
 are amended to read as follows:
 (b) A domestic relations office is entitled to obtain from
 the Department of Public Safety or the Texas Department of Motor
 Vehicles, as applicable, records that relate to:
 (1) a person's date of birth;
 (2) a person's most recent address;
 (3) a person's current driver's license status;
 (4) motor vehicle accidents involving a person;
 (5) reported traffic-law violations of which a person
 has been convicted; and
 (6) a person's criminal history record information.
 (g) The Department of Public Safety, the Texas Department of
 Motor Vehicles, the Texas Workforce Commission, or the office of
 the secretary of state may charge a domestic relations office a fee
 not to exceed the charge paid by the Title IV-D agency for
 furnishing records under this section.
 SECTION 5E.04. Section 232.014(b), Family Code, is amended
 to read as follows:
 (b) A fee collected by the Texas Department of
 Transportation, [or] the Department of Public Safety, or the Texas
 Department of Motor Vehicles shall be deposited to the credit of the
 state highway fund.
 PART F. FINANCE CODE
 SECTION 5F.01. Section 277.002(a), Finance Code, is amended
 to read as follows:
 (a) A financial institution shall require, as a condition of
 opening or maintaining a business checking account, that the
 applicant or account holder provide:
 (1) if the business is a sole proprietorship:
 (A) the name of the business owner;
 (B) the physical address of the business;
 (C) the home address of the business owner; and
 (D) the driver's license number of the business
 owner or the personal identification certificate [card] number
 issued to the business owner by the Department of Public Safety or
 the Texas Department of Motor Vehicles, as applicable; or
 (2) if the business is a corporation or other legal
 entity, a copy of the business's certificate of incorporation or a
 comparable document and an assumed name certificate, if any.
 PART G. HEALTH AND SAFETY CODE
 SECTION 5G.01. Section 12.013(b), Health and Safety Code,
 is amended to read as follows:
 (b) Based on the studies and investigations, the department
 periodically shall recommend to the Texas Department of Motor
 Vehicles [Public Safety] appropriate policies, standards, and
 procedures relating to those medical aspects.
 SECTION 5G.02. Section 12.092(b), Health and Safety Code,
 is amended to read as follows:
 (b) The medical advisory board shall assist the Texas
 Department of Motor Vehicles [Public Safety of the State of Texas]
 in determining whether:
 (1) an applicant for a driver's license or a license
 holder is capable of safely operating a motor vehicle; or
 (2) an applicant for or holder of a license to carry a
 concealed handgun under the authority of Subchapter H, Chapter 411,
 Government Code, is capable of exercising sound judgment with
 respect to the proper use and storage of a handgun.
 SECTION 5G.03. Sections 12.095(a) and (c), Health and
 Safety Code, are amended to read as follows:
 (a) If the Texas Department of Motor Vehicles [Public Safety
 of the State of Texas] requests an opinion or recommendation from
 the medical advisory board as to the ability of an applicant or
 license holder to operate a motor vehicle safely or to exercise
 sound judgment with respect to the proper use and storage of a
 handgun, the commissioner or a person designated by the
 commissioner shall convene a panel to consider the case or question
 submitted by that department.
 (c) Each panel member shall prepare an individual
 independent written report for the Texas Department of Motor
 Vehicles [Public Safety of the State of Texas] that states the
 member's opinion as to the ability of the applicant or license
 holder to operate a motor vehicle safely or to exercise sound
 judgment with respect to the proper use and storage of a handgun, as
 appropriate. In the report the panel member may also make
 recommendations relating to that department's subsequent action.
 SECTION 5G.04. Section 12.096(a), Health and Safety Code,
 is amended to read as follows:
 (a) A physician licensed to practice medicine in this state
 may inform the Texas Department of Motor Vehicles [Public Safety of
 the State of Texas] or the medical advisory board, orally or in
 writing, of the name, date of birth, and address of a patient older
 than 15 years of age whom the physician has diagnosed as having a
 disorder or disability specified in a rule of the Texas Department
 of Motor Vehicles [Public Safety of the State of Texas].
 SECTION 5G.05. Section 12.097, Health and Safety Code, is
 amended to read as follows:
 Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
 records, reports, and testimony relating to the medical condition
 of an applicant or license holder:
 (1) are for the confidential use of the medical
 advisory board, a panel, or the Texas Department of Motor Vehicles
 [Public Safety of the State of Texas];
 (2) are privileged information; and
 (3) may not be disclosed to any person or used as
 evidence in a trial except as provided by Subsection (b).
 (b) In a subsequent proceeding under Subchapter N, Chapter
 521, Transportation Code, the medical standards division may
 provide a copy of the report of the medical advisory board or panel
 and a medical record or report relating to an applicant or license
 holder to:
 (1) the Texas Department of Motor Vehicles [Public
 Safety of the State of Texas];
 (2) the applicant or license holder; and
 (3) the officer who presides at the hearing.
 SECTION 5G.06. Sections 49.002(a), (c), (d), (e), (f), (g),
 (h), and (m), Health and Safety Code, are amended to read as
 follows:
 (a) In consultation with the Texas Department of Motor
 Vehicles [Public Safety] and organ procurement organizations, the
 department shall establish the Donor Education, Awareness, and
 Registry Program of Texas.
 (c) The Texas Department of Motor Vehicles [Public Safety]
 at least monthly shall electronically transfer to the organization
 selected by the commissioner as provided by Subsection (b) the
 name, date of birth, driver's license number, most recent address,
 and any other relevant information in the possession of the Texas
 Department of Motor Vehicles [Public Safety] for any person who
 indicates on the person's driver's license application under
 Section 521.401, Transportation Code, that the person would like to
 make an anatomical gift and consents in writing to the release of
 the information by the Texas Department of Motor Vehicles [Public
 Safety] to the organization for inclusion in the statewide
 Internet-based registry of organ, tissue, and eye donors.
 (d) The contract between the department and the
 organization selected by the commissioner as provided by Subsection
 (b) must require the organization to:
 (1) make information obtained from the Texas
 Department of Motor Vehicles [Public Safety] under Subsection (c)
 available to qualified organ, tissue, and eye bank organizations;
 (2) allow potential donors to submit information in
 writing directly to the organization for inclusion in the statewide
 Internet-based registry of organ, tissue, and eye donors;
 (3) maintain the statewide Internet-based registry of
 organ, tissue, and eye donors in a manner that allows qualified
 organ, tissue, and eye bank organizations to immediately access
 organ, tissue, and eye donation information 24 hours a day, seven
 days a week, through electronic and telephonic methods; and
 (4) protect the confidentiality and privacy of the
 individuals providing information to the statewide Internet-based
 registry, regardless of the manner in which the information is
 provided.
 (e) Except as otherwise provided by Subsection (d)(3) or
 this subsection, the Texas Department of Motor Vehicles [Public
 Safety], the organization selected by the commissioner under
 Subsection (b), or a qualified organ, tissue, and eye bank
 organization may not sell, rent, or otherwise share any information
 provided to the registry. A qualified organ, tissue, and eye bank
 organization may share any information provided to the registry
 with an organ procurement organization or a health care provider or
 facility providing medical care to a potential donor as necessary
 to properly identify an individual at the time of donation.
 (f) The Texas Department of Motor Vehicles [Public Safety],
 the organization selected by the commissioner under Subsection (b),
 or the qualified organ, tissue, and eye bank organizations may not
 use any demographic or specific data provided to the registry for
 any fund-raising activities. Data may only be transmitted from the
 selected organization to qualified organ, tissue, and eye bank
 organizations through electronic and telephonic methods using
 secure, encrypted technology to preserve the integrity of the data
 and the privacy of the individuals providing information.
 (g) In each office authorized to issue driver's licenses or
 personal identification certificates, the Texas Department of
 Motor Vehicles [Public Safety] shall make available educational
 materials developed by the Texas Organ, Tissue, and Eye Donor
 Council established under Chapter 113.
 (h) The Texas Department of Motor Vehicles [Public Safety]
 shall remit to the comptroller the money collected under Sections
 521.421(g) and 521.422(c), Transportation Code, as provided by
 those subsections. A county assessor-collector shall remit to the
 comptroller any money collected under Section 502.1745,
 Transportation Code, as provided by that section. Money remitted
 to the comptroller in accordance with this subsection that is
 appropriated to the department must be spent in accordance with the
 priorities established by the department in consultation with the
 Texas Organ, Tissue, and Eye Donor Council to pay the costs of:
 (1) maintaining, operating, and updating the
 statewide Internet-based donor registry and establishing
 procedures for an individual to be added to the registry; and
 (2) designing and distributing education materials
 for prospective donors as required under this section.
 (m) In consultation with the Texas Organ, Tissue, and Eye
 Donor Council, the department may implement a training program for
 all appropriate Texas Department of Motor Vehicles [Public Safety]
 and Texas Department of Transportation employees on the benefits of
 organ, tissue, and eye donation and the procedures for individuals
 to be added to the statewide Internet-based registry of organ,
 tissue, and eye donors. The department shall implement the
 training program before the date that the statewide Internet-based
 registry is operational and shall conduct the training on an
 ongoing basis for new employees.
 SECTION 5G.07. Section 81.011, Health and Safety Code, is
 amended to read as follows:
 Sec. 81.011. REQUEST FOR INFORMATION. In times of
 emergency or epidemic declared by the commissioner, the department
 is authorized to request information pertaining to names, dates of
 birth, and most recent addresses of individuals from the driver's
 license records of the Texas Department of Motor Vehicles [Public
 Safety] for the purpose of notification to individuals of the need
 to receive certain immunizations or diagnostic, evaluation, or
 treatment services for suspected communicable diseases.
 SECTION 5G.08. Section 113.051(a), Health and Safety Code,
 as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
 Regular Session, 2005, is amended to read as follows:
 (a) The council is composed of:
 (1) a representative of the department appointed by
 the commissioner;
 (2) a representative of the Texas Department of Motor
 Vehicles [Public Safety] appointed by the commissioner of motor
 vehicles [public safety director];
 (3) a representative of the Texas Department of
 Transportation appointed by the executive director of that agency;
 (4) five professional members appointed by the
 commissioner as follows:
 (A) one representative from each of the state's
 three federally qualified organ procurement organizations
 nominated by each organization;
 (B) one representative who is a transplant
 physician or nurse licensed in this state; and
 (C) one representative of an acute care hospital
 in this state; and
 (5) two public members appointed by the commissioner.
 SECTION 5G.09. Section 113.101, Health and Safety Code, as
 added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
 Regular Session, 2005, is amended to read as follows:
 Sec. 113.101. GENERAL DUTIES. The council as required by
 the department shall:
 (1) advise the department concerning the Donor
 Education, Awareness, and Registry Program of Texas established
 under Chapter 49;
 (2) advise the department on priorities for the
 initiatives to be implemented under the Donor Education, Awareness,
 and Registry Program of Texas established under Chapter 49;
 (3) advise the department regarding donor education,
 awareness, and registry outreach specifically targeted at African
 American and Hispanic populations;
 (4) advise the commissioner, commissioner of motor
 vehicles [public safety director], and director of the Texas
 Department of Transportation on the allocation of money received by
 the comptroller for the activities authorized under Chapter 49; and
 (5) advise the department, the Texas Department of
 Motor Vehicles [Public Safety], and the Texas Department of
 Transportation regarding necessary performance standards and
 quality control measures concerning the operation of the statewide
 Internet-based donor registry, as well as related donor educational
 programs.
 SECTION 5G.10. Sections 382.0622(a) and (c), Health and
 Safety Code, are amended to read as follows:
 (a) Clean Air Act fees consist of:
 (1) fees collected by the commission under Sections
 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
 by law; and
 (2) $2 of each advance payment collected by the Texas
 Department of Motor Vehicles [Public Safety] for inspection
 certificates for vehicles other than mopeds under Section 548.501,
 Transportation Code.
 (c) The commission shall request the appropriation of
 sufficient money to safeguard the air resources of the state,
 including payments to the commissioner of motor vehicles [Public
 Safety Commission] for incidental costs of administering the
 vehicle emissions inspection and maintenance program, except that
 after the date of delegation of the state's permitting program
 under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661
 et seq.), fees collected under Section 382.0621(a) may be
 appropriated only to cover costs of developing and administering
 the federal permit program under Titles IV and V of the federal
 Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
 SECTION 5G.11. Sections 382.202(a) and (d), Health and
 Safety Code, are amended to read as follows:
 (a) The commission by resolution may request the
 commissioner of motor vehicles [Public Safety Commission] to
 establish a vehicle emissions inspection and maintenance program
 under Subchapter F, Chapter 548, Transportation Code, in accordance
 with this section and rules adopted under this section. The
 commission by rule may establish, implement, and administer a
 program requiring emissions-related inspections of motor vehicles
 to be performed at inspection facilities consistent with the
 requirements of the federal Clean Air Act (42 U.S.C. Section 7401 et
 seq.) and its subsequent amendments.
 (d) On adoption of a resolution by the commission and after
 proper notice, the Texas Department of Motor Vehicles [Public
 Safety of the State of Texas] shall implement a system that
 requires, as a condition of obtaining a safety inspection
 certificate issued under Subchapter C, Chapter 548, Transportation
 Code, in a county that is included in a vehicle emissions inspection
 and maintenance program under Subchapter F of that chapter, that
 the vehicle, unless the vehicle is not covered by the system, be
 annually or biennially inspected under the vehicle emissions
 inspection and maintenance program as required by the state's air
 quality state implementation plan. The Texas Department of Motor
 Vehicles [Public Safety] shall implement such a system when it is
 required by any provision of federal or state law, including any
 provision of the state's air quality state implementation plan.
 SECTION 5G.12. Section 382.203(c), Health and Safety Code,
 is amended to read as follows:
 (c) The Texas Department of Motor Vehicles [Public Safety of
 the State of Texas] by rule may waive program requirements, in
 accordance with standards adopted by the commission, for certain
 vehicles and vehicle owners, including:
 (1) the registered owner of a vehicle who cannot
 afford to comply with the program, based on reasonable income
 standards;
 (2) a vehicle that cannot be brought into compliance
 with emissions standards by performing repairs;
 (3) a vehicle:
 (A) on which at least $100 has been spent to bring
 the vehicle into compliance; and
 (B) that the department:
 (i) can verify was driven fewer than 5,000
 miles since the last safety inspection; and
 (ii) reasonably determines will be driven
 fewer than 5,000 miles during the period before the next safety
 inspection is required; and
 (4) a vehicle for which parts are not readily
 available.
 SECTION 5G.13. Section 382.204(a), Health and Safety Code,
 is amended to read as follows:
 (a) The commission and the Texas Department of Motor
 Vehicles [Public Safety of the State of Texas] jointly shall
 develop a program component for enforcing vehicle emissions testing
 and standards by use of remote or automatic emissions detection and
 analysis equipment.
 SECTION 5G.14. Sections 382.205(c), (d), (e), and (g),
 Health and Safety Code, are amended to read as follows:
 (c) In consultation with the Texas Department of Motor
 Vehicles [Public Safety of the State of Texas], the commission may
 contract with one or more private entities to provide testing
 equipment, training, and related services to inspection stations in
 exchange for part of the testing fee. A contract under this
 subsection may apply to one specified area of the state or to the
 entire state. The commission at least once during each year shall
 review each contract entered into under this subsection to
 determine whether the contracting entity is performing
 satisfactorily under the terms of the contract. Immediately after
 completing the review, the commission shall prepare a report
 summarizing the review and send a copy of the report to the speaker
 of the house of representatives, the lieutenant governor, and the
 governor.
 (d) The Texas Department of Motor Vehicles [Public Safety of
 the State of Texas] by rule shall adopt:
 (1) testing procedures in accordance with motor
 vehicle emissions testing equipment specifications; and
 (2) procedures for issuing or denying an emissions
 inspection certificate.
 (e) The commission and the Texas Department of Motor
 Vehicles [Public Safety of the State of Texas] by joint rule may
 adopt procedures to encourage a stable private market for providing
 emissions testing to the public in all areas of an affected county,
 including:
 (1) allowing facilities to perform one or more types
 of emissions tests; and
 (2) any other measure the commission and the Texas
 Department of Motor Vehicles [Public Safety] consider appropriate.
 (g) Subject to Subsection (h), the commission and the Texas
 Department of Motor Vehicles [Public Safety of the State of Texas]
 by rule may allow alternative vehicle emissions testing if:
 (1) the technology provides accurate and reliable
 results;
 (2) the technology is widely and readily available to
 persons interested in performing alternative vehicle emissions
 testing; and
 (3) the use of alternative testing is not likely to
 substantially affect federal approval of the state's air quality
 state implementation plan.
 SECTION 5G.15. Section 382.206(a), Health and Safety Code,
 is amended to read as follows:
 (a) The commission and the Texas Department of Motor
 Vehicles [Public Safety of the State of Texas] may collect
 inspection and maintenance information derived from the emissions
 inspection and maintenance program, including:
 (1) inspection results;
 (2) inspection station information;
 (3) information regarding vehicles operated on
 federal facilities;
 (4) vehicle registration information; and
 (5) other data the United States Environmental
 Protection Agency requires.
 SECTION 5G.16. Sections 382.207(a), (b), (d), and (e),
 Health and Safety Code, are amended to read as follows:
 (a) The Texas Department of Motor Vehicles [Public Safety of
 the State of Texas] by rule shall adopt standards and procedures for
 establishing vehicle emissions inspection stations authorized and
 licensed by the state.
 (b) A vehicle emissions inspection may be performed at a
 decentralized independent inspection station or at a centralized
 inspection facility operated or licensed by the state. In
 developing the program for vehicle emissions inspections, the Texas
 Department of Motor Vehicles [Public Safety] shall make all
 reasonable efforts to preserve the present decentralized system.
 (d) The Texas Department of Motor Vehicles [Public Safety]
 may authorize enforcement personnel or other individuals to remove,
 disconnect, adjust, or make inoperable vehicle emissions control
 equipment, devices, or systems and to operate a vehicle in the
 tampered condition in order to perform a quality control audit of an
 inspection station or other quality control activities as necessary
 to assess and ensure the effectiveness of the vehicle emissions
 inspection and maintenance program.
 (e) The Texas Department of Motor Vehicles [Public Safety]
 shall develop a challenge station program to provide for the
 reinspection of a motor vehicle at the option of the owner of the
 vehicle to ensure quality control of a vehicle emissions inspection
 and maintenance system.
 SECTION 5G.17. Sections 382.209(a), (d), (e), and (i),
 Health and Safety Code, are amended to read as follows:
 (a) The commission and the commissioner of motor vehicles
 [Public Safety Commission] by joint rule shall establish and
 authorize the commissioners court of a participating county to
 implement a low-income vehicle repair assistance, retrofit, and
 accelerated vehicle retirement program subject to agency oversight
 that may include reasonable periodic commission audits.
 (d) Subject to the availability of funds, a low-income
 vehicle repair assistance, retrofit, and accelerated vehicle
 retirement program established under this section shall provide
 monetary or other compensatory assistance for:
 (1) repairs directly related to bringing certain
 vehicles that have failed a required emissions test into compliance
 with emissions requirements;
 (2) a replacement vehicle or replacement assistance
 for a vehicle that has failed a required emissions test and for
 which the cost of repairs needed to bring the vehicle into
 compliance is uneconomical; and
 (3) installing retrofit equipment on vehicles that
 have failed a required emissions test, if practically and
 economically feasible, in lieu of or in combination with repairs
 performed under Subdivision (1). The commission and the Texas
 Department of Motor Vehicles [Public Safety of the State of Texas]
 shall establish standards and specifications for retrofit
 equipment that may be used under this section.
 (e) A vehicle is not eligible to participate in a low-income
 vehicle repair assistance, retrofit, and accelerated vehicle
 retirement program established under this section unless:
 (1) the vehicle is capable of being operated;
 (2) the registration of the vehicle:
 (A) is current; and
 (B) reflects that the vehicle has been registered
 in the county implementing the program for the 12 months preceding
 the application for participation in the program;
 (3) the commissioners court of the county
 administering the program determines that the vehicle meets the
 eligibility criteria adopted by the commission, the Texas
 Department of Transportation, and the commissioner of motor
 vehicles [Public Safety Commission];
 (4) if the vehicle is to be repaired, the repair is
 done by a repair facility recognized by the Texas Department of
 Motor Vehicles [Public Safety], which may be an independent or
 private entity licensed by the state; and
 (5) if the vehicle is to be retired under this
 subsection and Section 382.213, the replacement vehicle is a
 qualifying motor vehicle.
 (i) Notwithstanding the vehicle replacement requirements
 provided by Subsection (d)(2), the commission by rule may provide
 monetary or other compensatory assistance under the low-income
 vehicle repair assistance, retrofit, and accelerated vehicle
 retirement program, subject to the availability of funds, for the
 replacement of a vehicle that meets the following criteria:
 (1) the vehicle is gasoline-powered and is at least 10
 years old;
 (2) the vehicle owner meets applicable financial
 eligibility criteria;
 (3) the vehicle meets the requirements provided by
 Subsections (e)(1) and (2); and
 (4) the vehicle has passed a Texas Department of Motor
 Vehicles [Public Safety] motor vehicle safety inspection or safety
 and emissions inspection within the 15-month period before the
 application is submitted.
 SECTION 5G.18. Section 382.216, Health and Safety Code, is
 amended to read as follows:
 Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
 VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
 commission, the Texas Department of Transportation, and the
 commissioner of motor vehicles [Public Safety Commission] may,
 subject to federal limitations:
 (1) encourage counties likely to exceed federal clean
 air standards to implement voluntary:
 (A) motor vehicle emissions inspection and
 maintenance programs; and
 (B) low-income vehicle repair assistance,
 retrofit, and accelerated vehicle retirement programs;
 (2) establish incentives for counties to voluntarily
 implement motor vehicle emissions inspection and maintenance
 programs and low-income vehicle repair assistance, retrofit, and
 accelerated vehicle retirement programs; and
 (3) designate a county that voluntarily implements a
 motor vehicle emissions inspection and maintenance program or a
 low-income vehicle repair assistance, retrofit, and accelerated
 vehicle retirement program as a "Clean Air County" and give
 preference to a county designated as a Clean Air County in any
 federal or state clean air grant program.
 SECTION 5G.19. Section 485.032(c), Health and Safety Code,
 is amended to read as follows:
 (c) It is an affirmative defense to prosecution under this
 section that:
 (1) the person making the delivery is an adult having
 supervisory responsibility over the person younger than 18 years of
 age and:
 (A) the adult permits the use of the abusable
 volatile chemical only under the adult's direct supervision and in
 the adult's presence and only for its intended purpose; and
 (B) the adult removes the chemical from the
 person younger than 18 years of age on completion of that use; or
 (2) the person to whom the abusable volatile chemical
 was delivered presented to the defendant an apparently valid Texas
 driver's license or an identification certificate, issued by the
 Department of Public Safety of the State of Texas or the Texas
 Department of Motor Vehicles, as applicable, and containing a
 physical description consistent with the person's appearance, that
 purported to establish that the person was 18 years of age or older.
 SECTION 5G.20. Section 758.001(2), Health and Safety Code,
 is amended to read as follows:
 (2) "Department" means the Texas Department of Motor
 Vehicles [Public Safety].
 SECTION 5G.21. Sections 780.002(a) and (b), Health and
 Safety Code, are amended to read as follows:
 (a) On the first Monday of each month, the Texas Department
 of Motor Vehicles [Public Safety] shall remit the surcharges
 collected during the previous month under the driver responsibility
 program operated by that department under Chapter 708,
 Transportation Code, to the comptroller.
 (b) The comptroller shall deposit 49.5 percent of the money
 received under Subsection (a) to the credit of the account
 established under this chapter and 49.5 percent of the money to the
 general revenue fund. The remaining one percent of the amount of
 the surcharges shall be deposited to the general revenue fund and
 may be appropriated only to the Texas Department of Motor Vehicles
 [Public Safety] for administration of the driver responsibility
 program operated by that department under Chapter 708,
 Transportation Code.
 SECTION 5G.22. Section 113.001(4), Health and Safety Code,
 as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
 Regular Session, 2005, is repealed.
 PART H. HUMAN RESOURCES CODE
 SECTION 5H.01. Section 23.002, Human Resources Code, is
 amended to read as follows:
 Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
 this chapter, "licensing authority" means:
 (1) the Parks and Wildlife Department; and
 (2) the Texas Department of Motor Vehicles [Public
 Safety of the State of Texas].
 PART I. NATURAL RESOURCES CODE
 SECTION 5I.01. Section 113.134, Natural Resources Code, is
 amended to read as follows:
 Sec. 113.134. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC
 SAFETY]. The Texas Department of Motor Vehicles [Public Safety]
 shall cooperate with the commission in the administration and
 enforcement of this chapter and the rules promulgated under this
 chapter to the extent that they are applicable to motor vehicles.
 SECTION 5I.02. Section 116.074, Natural Resources Code, is
 amended to read as follows:
 Sec. 116.074. COOPERATION OF THE TEXAS DEPARTMENT OF MOTOR
 VEHICLES [PUBLIC SAFETY]. The Texas Department of Motor Vehicles
 [Public Safety] shall cooperate with the commission in
 administering and enforcing this chapter and rules of the
 commission relating to regulation of motor vehicles required to be
 registered under this subchapter.
 PART J. OCCUPATIONS CODE
 SECTION 5J.01. Section 1805.052(b), Occupations Code, is
 amended to read as follows:
 (b) Except as provided by Section 1805.053, a report
 required by this chapter must contain:
 (1) the name and address of the seller of the business
 machine;
 (2) a complete and accurate description of the
 business machine for which the report is made, including the serial
 number or other identifying marks or symbols;
 (3) the seller's certification that the information is
 true and complete; and
 (4) the seller's driver's license number or Department
 of Public Safety or Texas Department of Motor Vehicles, as
 applicable, identification certificate [card] number, as recorded
 by the dealer on physical presentation of the license or
 identification certificate [card] by the seller.
 PART K. TAX CODE
 SECTION 5K.01. Sections 11.43(f) and (m), Tax Code, are
 amended to read as follows:
 (f) The comptroller, in prescribing the contents of the
 application form for each kind of exemption, shall ensure that the
 form requires an applicant to furnish the information necessary to
 determine the validity of the exemption claim. The form must
 require an applicant to provide the applicant's name and driver's
 license number, personal identification certificate number, or
 social security account number. The comptroller shall include on
 the forms a notice of the penalties prescribed by Section 37.10,
 Penal Code, for making or filing an application containing a false
 statement. The comptroller shall include, on application forms for
 exemptions that do not have to be claimed annually, a statement
 explaining that the application need not be made annually and that
 if the exemption is allowed, the applicant has a duty to notify the
 chief appraiser when the applicant's entitlement to the exemption
 ends. In this subsection:
 (1) "Driver's license" has the meaning assigned that
 term by Section 521.001, Transportation Code.
 (2) "Personal identification certificate" means a
 certificate issued by the Department of Public Safety or the Texas
 Department of Motor Vehicles, as applicable, under Subchapter E,
 Chapter 521, Transportation Code.
 (m) Notwithstanding Subsections (a) and (k), a person who
 receives an exemption under Section 11.13, other than an exemption
 under Section 11.13(c) or (d) for an individual 65 years of age or
 older, in a tax year is entitled to receive an exemption under
 Section 11.13(c) or (d) for an individual 65 years of age or older
 in the next tax year on the same property without applying for the
 exemption if the person becomes 65 years of age in that next year as
 shown by:
 (1) information in the records of the appraisal
 district that was provided to the appraisal district by the
 individual in an application for an exemption under Section 11.13
 on the property or in correspondence relating to the property; or
 (2) the information provided by the Texas Department
 of Public Safety or the Texas Department of Motor Vehicles, as
 applicable, to the appraisal district under Section 521.049,
 Transportation Code.
 PART L. VERNON'S TEXAS CIVIL STATUTES
 SECTION 5L.01. Section 4, Chapter 232 (S.B. 839), Acts of
 the 67th Legislature, Regular Session, 1981 (Article 6419a,
 Vernon's Texas Civil Statutes), is amended to read as follows:
 Sec. 4. RECORDS RELATING TO ACCIDENTS OR VIOLATIONS. If a
 person operating a railroad locomotive or train is involved in an
 accident with another train or a motor vehicle or is arrested for
 violation of a law relating to the person's operation of a
 locomotive or train, the number or other identifying information
 about the person's [operator's, commercial operator's, or
 chauffeur's] driver's license or commercial driver's license may
 not be included in any report of the accident or violation, and the
 person's involvement in the accident or violation may not be
 recorded in the person's individual driving record maintained by
 the Texas Department of Motor Vehicles [Public Safety].
 SECTION 5L.02. Section 1, Chapter 466 (H.B. 1910), Acts of
 the 71st Legislature, Regular Session, 1989 (Article 6701j-2,
 Vernon's Texas Civil Statutes), is amended to read as follows:
 Sec. 1. (a) All driving safety courses approved by the
 Texas Department of Motor Vehicles [Public Safety] or by a court as
 authorized by law must include instruction on railroad and highway
 grade crossing safety.
 (b) The Texas Department of Motor Vehicles [Public Safety]
 shall by rule provide minimum standards of course content relating
 to operation of vehicles at railroad and highway grade crossings.
 ARTICLE 6. TRANSFERS OF CERTAIN POWERS, DUTIES,
 OBLIGATIONS, AND RIGHTS OF ACTION
 SECTION 6.01. (a) All powers, duties, obligations, and
 rights of action of the Motor Vehicle Division of the Texas
 Department of Transportation are transferred to the Texas
 Department of Motor Vehicles, and all powers, duties, obligations,
 and rights of action of the Texas Transportation Commission in
 connection or associated with the Motor Vehicle Division of the
 Texas Department of Transportation are transferred to the
 commissioner of motor vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the personnel, furniture, computers, other
 property and equipment, files, and related materials used by the
 Motor Vehicle Division of the Texas Department of Transportation
 are transferred to the Texas Department of Motor Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Motor Vehicle Division of the Texas
 Department of Transportation that was brought before the effective
 date of this Act in accordance with the law in effect on the date the
 proceeding was brought, and the former law is continued in effect
 for that purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Motor Vehicle Division of the
 Texas Department of Transportation that is in effect on the
 effective date of this Act remains valid for the period for which it
 was issued unless suspended or revoked by the Texas Department of
 Motor Vehicles or the commissioner of motor vehicles, as
 applicable.
 (e) A rule adopted by the Texas Transportation Commission or
 the director of the Texas Department of Transportation in
 connection with or relating to the Motor Vehicle Division of that
 department continues in effect until it is amended or repealed by
 the commissioner of motor vehicles or the Texas Department of Motor
 Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Texas Department of Transportation in
 connection with or relating to the Motor Vehicle Division of that
 department for the state fiscal biennium ending August 31, 2009, is
 transferred and reappropriated to the Texas Department of Motor
 Vehicles for the purpose of implementing the powers, duties,
 obligations, and rights of action transferred to that department
 under Subsection (a) of this section.
 SECTION 6.02. (a) All powers, duties, obligations, and
 rights of action of the Vehicle Titles and Registration Division of
 the Texas Department of Transportation are transferred to the Texas
 Department of Motor Vehicles, and all powers, duties, obligations,
 and rights of action of the Texas Transportation Commission in
 connection or associated with the Vehicle Titles and Registration
 Division of the Texas Department of Transportation are transferred
 to the commissioner of motor vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the personnel, furniture, computers, other
 property and equipment, files, and related materials used by the
 Vehicle Titles and Registration Division of the Texas Department of
 Transportation are transferred to the Texas Department of Motor
 Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Vehicle Titles and Registration
 Division of the Texas Department of Transportation that was brought
 before the effective date of this Act in accordance with the law in
 effect on the date the proceeding was brought, and the former law is
 continued in effect for that purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Vehicle Titles and
 Registration Division of the Texas Department of Transportation
 that is in effect on the effective date of this Act remains valid
 for the period for which it was issued unless suspended or revoked
 by the Texas Department of Motor Vehicles or the commissioner of
 motor vehicles, as applicable.
 (e) A rule adopted by the Texas Transportation Commission or
 the director of the Texas Department of Transportation in
 connection with or relating to the Vehicle Titles and Registration
 Division of that department continues in effect until it is amended
 or repealed by the commissioner of motor vehicles or the Texas
 Department of Motor Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Texas Department of Transportation in
 connection with or relating to the Vehicle Titles and Registration
 Division of that department for the state fiscal biennium ending
 August 31, 2009, is transferred and reappropriated to the Texas
 Department of Motor Vehicles for the purpose of implementing the
 powers, duties, obligations, and rights of action transferred to
 that department under Subsection (a) of this section.
 SECTION 6.03. (a) All powers, duties, obligations, and
 rights of action of the Automobile Burglary and Theft Prevention
 Authority Office of the Texas Department of Transportation under
 Article 4413(37), Revised Statutes, are transferred to the Texas
 Department of Motor Vehicles, and all powers, duties, obligations,
 and rights of action of the Texas Transportation Commission in
 connection or associated with the Automobile Burglary and Theft
 Prevention Authority Office of the Texas Department of
 Transportation are transferred to the commissioner of motor
 vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the personnel, furniture, computers, other
 property and equipment, files, and related materials used by the
 Automobile Burglary and Theft Prevention Authority Office of the
 Texas Department of Transportation are transferred to the Texas
 Department of Motor Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Automobile Burglary and Theft
 Prevention Authority Office of the Texas Department of
 Transportation that was brought before the effective date of this
 Act in accordance with the law in effect on the date the proceeding
 was brought, and the former law is continued in effect for that
 purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Automobile Burglary and Theft
 Prevention Authority Office of the Texas Department of
 Transportation that is in effect on the effective date of this Act
 remains valid for the period for which it was issued unless
 suspended or revoked by the Texas Department of Motor Vehicles or
 the commissioner of motor vehicles, as applicable.
 (e) A rule adopted by the Texas Transportation Commission or
 the director of the Texas Department of Transportation in
 connection with or relating to the Automobile Burglary and Theft
 Prevention Authority Office of that department continues in effect
 until it is amended or repealed by the commissioner of motor
 vehicles or the Texas Department of Motor Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Texas Department of Transportation in
 connection with or relating to the Automobile Burglary and Theft
 Prevention Authority Office of that department for the state fiscal
 biennium ending August 31, 2009, is transferred and reappropriated
 to the Texas Department of Motor Vehicles for the purpose of
 implementing the powers, duties, obligations, and rights of action
 transferred to that department under Subsection (a) of this
 section.
 SECTION 6.04. (a) All powers, duties, obligations, and
 rights of action of the Traffic Operations Division of the Texas
 Department of Transportation related to the collection and analysis
 of traffic crash data are transferred to the Texas Department of
 Motor Vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the personnel, furniture, computers, other
 property and equipment, files, and related materials used by the
 Traffic Operations Division of the Texas Department of
 Transportation related to the collection and analysis of traffic
 crash data are transferred to the Texas Department of Motor
 Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Traffic Operations Division of the
 Texas Department of Transportation related to the collection and
 analysis of traffic crash data that was brought before the
 effective date of this Act in accordance with the law in effect on
 the date the proceeding was brought, and the former law is continued
 in effect for that purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Traffic Operations Division of
 the Texas Department of Transportation related to the collection
 and analysis of traffic crash data that is in effect on the
 effective date of this Act remains valid for the period for which it
 was issued unless suspended or revoked by the Texas Department of
 Motor Vehicles or the commissioner of motor vehicles, as
 applicable.
 (e) A rule adopted by the Texas Transportation Commission or
 the director of the Texas Department of Transportation in
 connection with or relating to the Traffic Operations Division of
 that department related to the collection and analysis of traffic
 crash data continues in effect until it is amended or repealed by
 the commissioner of motor vehicles or the Texas Department of Motor
 Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Traffic Operations Division of the Texas
 Department of Transportation related to the collection and analysis
 of traffic crash data for the state fiscal biennium ending August
 31, 2009, is transferred and reappropriated to the Texas Department
 of Motor Vehicles for the purpose of implementing the powers,
 duties, obligations, and rights of action transferred to that
 department under Subsection (a) of this section.
 SECTION 6.05. (a) All powers, duties, obligations, and
 rights of action of the Driver License Division of the Texas
 Department of Public Safety are transferred to the Texas Department
 of Motor Vehicles on the effective date of this Act, and all powers,
 duties, obligations, and rights of action of the Public Safety
 Commission in connection or associated with the Driver License
 Division of the Texas Department of Public Safety are transferred
 to the commissioner of motor vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the noncommissioned personnel, furniture,
 computers, other property and equipment, files, and related
 materials used by the Driver License Division of the Texas
 Department of Public Safety are transferred to the Texas Department
 of Motor Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Driver License Division of the Texas
 Department of Public Safety that was brought before the effective
 date of this Act in accordance with the law in effect on the date the
 proceeding was brought, and the former law is continued in effect
 for that purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Driver License Division of the
 Texas Department of Public Safety that is in effect on the effective
 date of this Act remains valid for the period for which it was
 issued unless suspended or revoked by the Texas Department of Motor
 Vehicles or the commissioner of motor vehicles, as applicable.
 (e) A rule adopted by the Public Safety Commission, the
 Texas Department of Public Safety, or the public safety director in
 connection with or relating to the Driver License Division of that
 department continues in effect until it is amended or repealed by
 the commissioner of motor vehicles or the Texas Department of Motor
 Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Driver License Division of the Texas
 Department of Public Safety for the state fiscal biennium ending
 August 31, 2009, is transferred and reappropriated to the Texas
 Department of Motor Vehicles for the purpose of implementing the
 powers, duties, obligations, and rights of action transferred to
 that department under Subsection (a) of this section.
 SECTION 6.06. (a) All powers, duties, obligations, and
 rights of action of the Vehicle Inspection Service of the Texas
 Department of Public Safety are transferred to the Texas Department
 of Motor Vehicles on the effective date of this Act, and all powers,
 duties, obligations, and rights of action of the Public Safety
 Commission in connection or associated with the Vehicle Inspection
 Service of the Texas Department of Public Safety are transferred to
 the commissioner of motor vehicles on November 1, 2009.
 (b) In connection with the transfers required by Subsection
 (a) of this section, the noncommissioned personnel, furniture,
 computers, other property and equipment, files, and related
 materials used by the Vehicle Inspection Service of the Texas
 Department of Public Safety are transferred to the Texas Department
 of Motor Vehicles.
 (c) The Texas Department of Motor Vehicles shall continue
 any proceeding involving the Vehicle Inspection Service of the
 Texas Department of Public Safety that was brought before the
 effective date of this Act in accordance with the law in effect on
 the date the proceeding was brought, and the former law is continued
 in effect for that purpose.
 (d) A certificate, license, document, permit, registration,
 or other authorization issued by the Vehicle Inspection Service of
 the Texas Department of Public Safety that is in effect on the
 effective date of this Act remains valid for the period for which it
 was issued unless suspended or revoked by the Texas Department of
 Motor Vehicles or the commissioner of motor vehicles, as
 applicable.
 (e) A rule adopted by the Public Safety Commission, the
 Texas Department of Public Safety, or the public safety director in
 connection with or relating to the Vehicle Inspection Service of
 that department continues in effect until it is amended or repealed
 by the commissioner of motor vehicles or the Texas Department of
 Motor Vehicles, as applicable.
 (f) The unobligated and unexpended balance of any
 appropriations made to the Vehicle Inspection Service of the Texas
 Department of Public Safety for the state fiscal biennium ending
 August 31, 2009, is transferred and reappropriated to the Texas
 Department of Motor Vehicles for the purpose of implementing the
 powers, duties, obligations, and rights of action transferred to
 that department under Subsection (a) of this section.
 SECTION 6.07. Not later than October 31, 2009, the
 commissioner of motor vehicles shall enter into a memorandum of
 understanding with the Texas Department of Transportation to
 implement Sections 6.01-6.04 of this article.
 SECTION 6.08. Not later than October 31, 2009, the
 commissioner of motor vehicles shall enter into a memorandum of
 understanding with the Department of Public Safety of the State of
 Texas to implement Sections 6.05 and 6.06 of this article.
 ARTICLE 7. APPOINTMENT OF COMMISSIONER OF MOTOR VEHICLES
 SECTION 7.01. Not later than October 1, 2009, the governor
 shall appoint the commissioner of motor vehicles in accordance with
 Subchapter B, Chapter 1001, Transportation Code, as added by this
 Act.
 ARTICLE 8. EFFECTIVE DATE
 SECTION 8.01. This Act takes effect September 1, 2009.