Texas 2009 - 81st Regular

Texas House Bill HB1549 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R861 JD-D
2	2	By: McClendon H.B. No. 1549
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation, organization, duties, and functions of
8	8	the Texas Department of Motor Vehicles; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
11	11	SECTION 1.01. Title 7, Transportation Code, is amended by
12	12	adding Subtitle M to read as follows:
13	13	SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
14	14	CHAPTER 1001. ORGANIZATION OF DEPARTMENT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 1001.001. DEFINITIONS. In this subtitle:
17	17	(1) "Commissioner" means the commissioner of motor
18	18	vehicles.
19	19	(2) "Department" means the Texas Department of Motor
20	20	Vehicles.
21	21	Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
22	22	department is created as an agency of this state.
23	23	(b) In addition to the other duties required of the Texas
24	24	Department of Motor Vehicles, the department shall administer and
25	25	enforce:
26	26	(1) Subtitles A, B, and D;
27	27	(2) Chapters 550, 702, 703, 706, 708, and 724;
28	28	(3) Chapter 2301, Occupations Code; and
29	29	(4) Article 4413(37), Revised Statutes.
30	30	Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
31	31	is composed of the commissioner and other officers and employees
32	32	required to efficiently implement:
33	33	(1) this subtitle;
34	34	(2) other applicable motor vehicle laws of this state;
35	35	and
36	36	(3) other laws that grant jurisdiction to or are
37	37	applicable to the department.
38	38	Sec. 1001.004. SUNSET PROVISION. The department is subject
39	39	to Chapter 325, Government Code (Texas Sunset Act). Unless
40	40	continued in existence as provided by that chapter, the department
41	41	is abolished September 1, 2021.
42	42	Sec. 1001.005. DEFENSE BY ATTORNEY GENERAL. The attorney
43	43	general shall defend an action brought against the commissioner or
44	44	an employee or officer of the department as a result of that
45	45	person's official act or omission, whether or not at the time of the
46	46	institution of the action that person has terminated service with
47	47	the department.
48	48	[Sections 1001.006-1001.020 reserved for expansion]
49	49	SUBCHAPTER B. COMMISSIONER OF MOTOR VEHICLES
50	50	Sec. 1001.021. CHIEF EXECUTIVE. (a) The commissioner is
51	51	the department's chief executive and administrative officer.
52	52	(b) The commissioner has the powers and duties vested in the
53	53	commissioner by this code and other applicable motor vehicle laws
54	54	of this state.
55	55	Sec. 1001.022. APPOINTMENT; TERM. (a) The governor, with
56	56	the advice and consent of the senate, shall appoint the
57	57	commissioner. The commissioner serves a two-year term that expires
58	58	on February 1 of each odd-numbered year.
59	59	(b) The governor shall appoint the commissioner without
60	60	regard to the race, color, disability, sex, religion, age, or
61	61	national origin of the appointee.
62	62	Sec. 1001.023. QUALIFICATIONS. The commissioner must:
63	63	(1) be a competent and experienced administrator;
64	64	(2) be well informed and qualified in the fields of
65	65	motor vehicles and vehicle titling and registration; and
66	66	(3) have at least five years of experience in the
67	67	administration of business or government or as a practicing
68	68	attorney or certified public accountant.
69	69	Sec. 1001.024. INELIGIBILITY FOR PUBLIC OFFICE. The
70	70	commissioner is ineligible to be a candidate for a public elective
71	71	office in this state unless the commissioner has resigned and the
72	72	governor has accepted the resignation.
73	73	Sec. 1001.025. COMPENSATION. The commissioner is entitled
74	74	to compensation as provided by the General Appropriations Act.
75	75	Sec. 1001.026. GROUNDS FOR REMOVAL. (a) It is a ground for
76	76	removal from office if the commissioner:
77	77	(1) does not have at the time of appointment the
78	78	qualifications required by Section 1001.023;
79	79	(2) does not maintain during service as commissioner
80	80	the qualifications required by Section 1001.023;
81	81	(3) violates a prohibition established by Section
82	82	1007.002, 1007.004, or 1007.005; or
83	83	(4) cannot, because of illness or disability,
84	84	discharge the commissioner's duties for a substantial part of the
85	85	commissioner's term.
86	86	(b) The validity of an action of the commissioner or the
87	87	department is not affected by the fact that it is taken when a
88	88	ground for removal of the commissioner exists.
89	89	Sec. 1001.027. TRAINING PROGRAM FOR COMMISSIONER. (a) Not
90	90	later than the 90th day after the date on which the commissioner
91	91	takes office, the commissioner shall complete a training program
92	92	that complies with this section.
93	93	(b) The training program must provide the commissioner with
94	94	information regarding:
95	95	(1) the legislation that created the department;
96	96	(2) the programs operated by the department;
97	97	(3) the role and functions of the department;
98	98	(4) the rules of the department, with an emphasis on
99	99	the rules that relate to disciplinary and investigatory authority;
100	100	(5) the current budget for the department;
101	101	(6) the results of the most recent formal audit of the
102	102	department;
103	103	(7) the requirements of:
104	104	(A) the open meetings law, Chapter 551,
105	105	Government Code;
106	106	(B) the public information law, Chapter 552,
107	107	Government Code;
108	108	(C) the administrative procedure law, Chapter
109	109	2001, Government Code; and
110	110	(D) other laws relating to public officials,
111	111	including conflict of interest laws; and
112	112	(8) any applicable ethics policies adopted by the
113	113	department or the Texas Ethics Commission.
114	114	[Sections 1001.028-1001.040 reserved for expansion]
115	115	SUBCHAPTER C. PERSONNEL
116	116	Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the
117	117	General Appropriations Act or other law, the commissioner shall
118	118	appoint deputies, assistants, and other personnel as necessary to
119	119	carry out the powers and duties of the commissioner and the
120	120	department under this code, other applicable motor vehicle laws of
121	121	this state, and other laws granting jurisdiction or applicable to
122	122	the department or the commissioner.
123	123	(b) A person appointed under this section must have the
124	124	professional, administrative, and motor vehicle experience
125	125	necessary to qualify the person for the position to which the person
126	126	is appointed.
127	127	(c) A person appointed as an associate or deputy
128	128	commissioner or to hold an equivalent position must have at least
129	129	five years of the experience required for appointment as
130	130	commissioner under Section 1001.023. At least two years of that
131	131	experience must be in work related to the position to be held.
132	132	Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The
133	133	commissioner shall develop and implement policies that clearly
134	134	define the respective responsibilities of the commissioner and the
135	135	staff of the department.
136	136	Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
137	137	REPORT. (a) The commissioner or the commissioner's designee shall
138	138	prepare and maintain a written policy statement to ensure
139	139	implementation of a program of equal employment opportunity under
140	140	which all personnel transactions are made without regard to race,
141	141	color, disability, sex, religion, age, or national origin. The
142	142	policy statement must include:
143	143	(1) personnel policies, including policies relating
144	144	to recruitment, evaluation, selection, appointment, training, and
145	145	promotion of personnel that are in compliance with Chapter 21,
146	146	Labor Code;
147	147	(2) a comprehensive analysis of the department
148	148	workforce that meets federal and state guidelines;
149	149	(3) procedures by which a determination can be made of
150	150	significant underuse in the department workforce of all persons for
151	151	whom federal or state guidelines encourage a more equitable
152	152	balance; and
153	153	(4) reasonable methods to appropriately address those
154	154	areas of significant underuse.
155	155	(b) A policy statement prepared under this section must:
156	156	(1) cover an annual period;
157	157	(2) be updated annually;
158	158	(3) be reviewed by the civil rights division of the
159	159	Texas Workforce Commission for compliance with Subsection (a); and
160	160	(4) be filed with the governor.
161	161	(c) The governor shall deliver a biennial report to the
162	162	legislature based on the information received under Subsection (b).
163	163	The report may be made separately or as a part of other biennial
164	164	reports made to the legislature.
165	165	Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT.
166	166	The commissioner shall provide to department employees, as often as
167	167	necessary, information regarding their:
168	168	(1) qualification for office or employment under this
169	169	subtitle; and
170	170	(2) responsibilities under applicable laws relating
171	171	to standards of conduct for state employees.
172	172	Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE
173	173	EVALUATIONS. (a) The commissioner or the commissioner's designee
174	174	shall develop an intra-agency career ladder program. The program
175	175	must require intra-agency posting of all nonentry level positions
176	176	concurrently with any public posting.
177	177	(b) The commissioner or the commissioner's designee shall
178	178	develop a system of annual performance evaluations. All merit pay
179	179	for department employees must be based on the system established
180	180	under this subsection.
181	181	CHAPTER 1002. RULES
182	182	Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The
183	183	commissioner or the department may adopt any rules necessary and
184	184	appropriate to implement the powers and duties of the department
185	185	under this code and other laws of this state.
186	186	Sec. 1002.002. RULES RESTRICTING ADVERTISING OR
187	187	COMPETITIVE BIDDING. The commissioner or the department may not
188	188	adopt rules restricting advertising or competitive bidding by a
189	189	person regulated by the department except to prohibit false,
190	190	misleading, or deceptive practices by the person.
191	191	Sec. 1002.003. INTERIM RULES TO COMPLY WITH FEDERAL
192	192	REQUIREMENTS. (a) The commissioner or the department may adopt
193	193	rules to implement state responsibility in compliance with a
194	194	federal law or regulation or action of a federal court relating to a
195	195	person or activity under the jurisdiction of the department if:
196	196	(1) federal law or regulation, or an action of a
197	197	federal court, requires:
198	198	(A) a state to adopt the rules; or
199	199	(B) action by a state to ensure protection of the
200	200	citizens of the state;
201	201	(2) the rules will avoid federal preemption of an
202	202	activity under the jurisdiction of the department; or
203	203	(3) the rules will prevent the loss of federal funds to
204	204	this state.
205	205	(b) The commissioner or the department may adopt a rule
206	206	under this section only if the federal action requiring the
207	207	adoption of a rule occurs or takes effect between sessions of the
208	208	legislature or at such time during a session of the legislature that
209	209	sufficient time does not remain to permit the preparation of a
210	210	recommendation for legislative action or permit the legislature to
211	211	act. A rule adopted under this section shall remain in effect only
212	212	until 30 days following the end of the next session of the
213	213	legislature unless a law is enacted that authorizes the subject
214	214	matter of the rule. If a law is enacted that authorizes the subject
215	215	matter of the rule, the rule will continue in effect.
216	216	CHAPTER 1003. DEPARTMENT PROCEDURES
217	217	Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
218	218	specifically provided by law, the department is subject to Chapters
219	219	2001 and 2002, Government Code.
220	220	Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)
221	221	The commissioner or the department by rule may:
222	222	(1) create a summary procedure for routine matters;
223	223	and
224	224	(2) designate department activities that otherwise
225	225	would be subject to Chapter 2001, Government Code, as routine
226	226	matters to be handled under the summary procedure.
227	227	(b) An activity may be designated as a routine matter only
228	228	if the activity is:
229	229	(1) voluminous;
230	230	(2) repetitive;
231	231	(3) believed to be noncontroversial; and
232	232	(4) of limited interest to anyone other than persons
233	233	immediately involved in or affected by the proposed department
234	234	action.
235	235	(c) The rules may establish procedures different from those
236	236	contained in Chapter 2001, Government Code. The procedures must
237	237	require, for each party directly involved, notice of a proposed
238	238	negative action not later than the fifth day before the date the
239	239	action is proposed to be taken.
240	240	(d) A rule adopted by the commissioner under this section
241	241	may provide for the delegation of authority to take action on a
242	242	routine matter to a salaried employee of the department designated
243	243	by the commissioner.
244	244	Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
245	245	person directly or indirectly affected by an action of the
246	246	commissioner or the department on a routine matter taken under the
247	247	summary procedure adopted under Section 1003.002 is entitled to a
248	248	review of the action under Chapter 2001, Government Code.
249	249	(b) The person must apply to the commissioner not later than
250	250	the 60th day after the date of the action to be entitled to the
251	251	review.
252	252	(c) The timely filing of the application for review
253	253	immediately stays the action pending a hearing on the merits.
254	254	(d) The commissioner and the department may adopt rules
255	255	relating to an application for review under this section and
256	256	consideration of the application.
257	257	Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED
258	258	CASES. The commissioner or the department, as applicable, may, on
259	259	written agreement or stipulation of each party and any intervenor,
260	260	informally dispose of a contested case in accordance with Section
261	261	2001.056, Government Code, notwithstanding any provision of this
262	262	code or other law that requires a hearing before the commissioner or
263	263	the department, as applicable.
264	264	Sec. 1003.005. NEWSPAPER PUBLICATION. Except as otherwise
265	265	provided by law, a notice or other matter that this code or other
266	266	law requires the commission or the department to publish must be
267	267	published for three successive weeks in two newspapers that:
268	268	(1) are printed in this state; and
269	269	(2) have a general circulation in this state.
270	270	CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES
271	271	AND PRODUCTION OF RECORDS
272	272	Sec. 1004.001. DEFINITION. In this chapter, "records"
273	273	includes books, accounts, documents, papers, correspondence, and
274	274	other material.
275	275	Sec. 1004.002. SUBPOENA AUTHORITY. (a) With respect to a
276	276	matter that the commissioner or the department has authority to
277	277	consider or investigate, the commissioner or the department may
278	278	issue a subpoena applicable throughout this state that requires:
279	279	(1) the attendance and testimony of a witness; and
280	280	(2) the production of records.
281	281	(b) In connection with a subpoena, the commissioner or
282	282	department may require attendance and production of records before
283	283	the commissioner or the commissioner's designee:
284	284	(1) at the department's offices in Austin; or
285	285	(2) at another place designated by the commissioner or
286	286	the department.
287	287	(c) In connection with a subpoena, the commissioner or the
288	288	commissioner's designee may administer an oath, examine a witness,
289	289	or receive evidence.
290	290	Sec. 1004.003. SERVICE OF SUBPOENA. (a) A subpoena issued
291	291	by the commissioner or the department may be served, at the
292	292	discretion of the commissioner or department, by the commissioner,
293	293	an authorized agent of the commissioner, a sheriff, or a constable.
294	294	(b) The sheriff's or constable's fee for serving the
295	295	subpoena is the same as the fee paid to the sheriff or constable for
296	296	similar services.
297	297	Sec. 1004.004. ENFORCEMENT OF SUBPOENA. (a) On
298	298	application of the commissioner or the department, as applicable,
299	299	in the case of disobedience of a subpoena issued by the commissioner
300	300	or the department or the contumacy of a person, a district court may
301	301	issue an order requiring a person subpoenaed to obey the subpoena,
302	302	to give evidence, or to produce records if the person has refused to
303	303	do so.
304	304	(b) A court may punish as contempt the failure to obey a
305	305	court order under Subsection (a).
306	306	(c) If the court orders compliance with the subpoena or
307	307	finds the person in contempt for failure to obey the order, the
308	308	commissioner or the department, as applicable, or the attorney
309	309	general when representing the department, may recover reasonable
310	310	costs and fees, including attorney's fees and investigative costs
311	311	incurred in the proceedings.
312	312	(d) An application under Subsection (a) must be made in a
313	313	district court in Travis County or in the county in which the
314	314	subpoena is served.
315	315	Sec. 1004.005. COMPENSATION FOR ATTENDANCE. A person
316	316	required by subpoena to attend a proceeding before the
317	317	commissioner, the commissioner's designee, or the department is
318	318	entitled to:
319	319	(1) reimbursement for mileage in the same amount for
320	320	each mile as the mileage travel allowance for a state employee for
321	321	traveling to or from the place where the person's attendance is
322	322	required, if the place is more than 25 miles from the person's place
323	323	of residence; and
324	324	(2) a fee for each day or part of a day the person is
325	325	required to be present as a witness that is equal to the greater of:
326	326	(A) $10; or
327	327	(B) a state employee's per diem travel allowance.
328	328	Sec. 1004.006. OUT-OF-STATE MATERIALS. (a) A person with
329	329	materials located outside this state that are requested by the
330	330	commissioner or the department may make the materials available for
331	331	examination at the place where the materials are located.
332	332	(b) The commissioner may designate a representative,
333	333	including an official of the state in which the materials are
334	334	located, to examine the materials.
335	335	(c) The commissioner may respond to a similar request from
336	336	an official of another state or of the United States.
337	337	Sec. 1004.007. ACCESS TO INFORMATION. (a) A record or
338	338	other evidence acquired under a subpoena under this chapter is not a
339	339	public record for the period the commissioner or the department, as
340	340	applicable, considers reasonably necessary to:
341	341	(1) complete the investigation;
342	342	(2) protect the person being investigated from
343	343	unwarranted injury; or
344	344	(3) serve the public interest.
345	345	(b) The record or other evidence is not subject to a
346	346	subpoena, other than a grand jury subpoena, until:
347	347	(1) the record or other evidence is released for
348	348	public inspection by the commissioner or the department; or
349	349	(2) after notice and a hearing, a district court
350	350	determines that obeying the subpoena would not jeopardize the
351	351	public interest and any investigation by the commissioner or the
352	352	department.
353	353	(c) Except for good cause, a district court order under
354	354	Subsection (b) may not apply to:
355	355	(1) a record or communication received from a law
356	356	enforcement agency or another regulatory agency; or
357	357	(2) the internal notes, memoranda, reports, or
358	358	communications made in connection with a matter that the
359	359	commissioner or the department has the authority to consider or
360	360	investigate.
361	361	Sec. 1004.008. PRIVILEGED AND CONFIDENTIAL RECORDS AND
362	362	INFORMATION; PROTECTIVE ORDERS. (a) A record subpoenaed and
363	363	produced under this chapter that is otherwise privileged or
364	364	confidential by law remains privileged or confidential until
365	365	admitted into evidence in an administrative hearing or a court.
366	366	(b) The commissioner may issue a protective order relating
367	367	to the confidentiality or privilege of a record described by
368	368	Subsection (a) to restrict the use or distribution of the record:
369	369	(1) by a person; or
370	370	(2) in a proceeding other than a proceeding before the
371	371	commissioner or the department.
372	372	Sec. 1004.009. COOPERATION WITH LAW ENFORCEMENT. On
373	373	request, the commissioner or the department may furnish records or
374	374	other evidence obtained by subpoena to:
375	375	(1) a law enforcement agency of this state, another
376	376	state, or the United States; or
377	377	(2) a prosecuting attorney of a municipality, county,
378	378	or judicial district of this state, another state, or the United
379	379	States.
380	380	Sec. 1004.010. EFFECT ON CONTESTED CASE. Sections
381	381	1004.002, 1004.006, 1004.007, and 1004.009 do not affect the
382	382	conduct of a contested case under Chapter 2001, Government Code.
383	383	CHAPTER 1005. JUDICIAL REVIEW
384	384	Sec. 1005.001. ACTION SUBJECT TO JUDICIAL REVIEW. An
385	385	action of the commissioner or the department subject to judicial
386	386	review under this chapter includes a decision, order, rate, rule,
387	387	form, or administrative or other ruling of the commissioner.
388	388	Sec. 1005.002. PETITION FOR JUDICIAL REVIEW. (a) After
389	389	failing to get relief from the commissioner, any party at interest
390	390	who is dissatisfied with an action of the commissioner or the
391	391	department may file a petition for judicial review against the
392	392	commissioner or department, as applicable, as defendant.
393	393	(b) The petition must state the particular objection to the
394	394	action and may be filed only in a district court in Travis County.
395	395	Sec. 1005.003. JUDICIAL REVIEW. Judicial review of the
396	396	action is under the substantial evidence rule and shall be
397	397	conducted under Chapter 2001, Government Code.
398	398	Sec. 1005.004. ACTION NOT VACATED. (a) The filing of a
399	399	petition for judicial review of an action under this chapter does
400	400	not vacate the action.
401	401	(b) After notice and hearing, the court may vacate the
402	402	action if the court finds it would serve the interest of justice to
403	403	do so.
404	404	Sec. 1005.005. APPEAL. (a) A party to the action under
405	405	Section 1005.002 may appeal to an appellate court that has
406	406	jurisdiction, and the appeal is at once returnable to that court.
407	407	(b) An appeal under this section has precedence in the
408	408	appellate court over any cause of a different character pending in
409	409	the court.
410	410	(c) The commissioner or the department is not required to
411	411	give an appeal bond in an appeal arising under this chapter.
412	412	CHAPTER 1006. PUBLIC ACCESS
413	413	Sec. 1006.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
414	414	department shall prepare and maintain a written plan that describes
415	415	how a person who does not speak English may be provided reasonable
416	416	access to the department's programs.
417	417	(b) The department shall comply with federal and state laws
418	418	for program and facility accessibility.
419	419	Sec. 1006.002. PUBLIC COMMENT. The commissioner and the
420	420	department shall develop and implement policies that provide the
421	421	public with a reasonable opportunity to appear before the
422	422	commissioner or the department and to speak on any issue under the
423	423	jurisdiction of the commissioner or the department.
424	424	Sec. 1006.003. PUBLIC REPRESENTATION ON ADVISORY BODY. (a)
425	425	At least one-half of the membership of each advisory body appointed
426	426	by the commissioner, other than an advisory body whose membership
427	427	is determined by this code or by other law, must represent the
428	428	general public.
429	429	(b) A public representative may not be:
430	430	(1) an officer, director, or employee of a business
431	431	entity regulated by the department;
432	432	(2) a person required to register with the Texas
433	433	Ethics Commission under Chapter 305, Government Code; or
434	434	(3) a person related within the second degree by
435	435	affinity or consanguinity to a person described by Subdivision (1)
436	436	or (2).
437	437	CHAPTER 1007. STANDARDS OF CONDUCT
438	438	Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL
439	439	CONDUCT. The commissioner and each employee or agent of the
440	440	department is subject to the code of ethics and the standard of
441	441	conduct imposed by Chapter 572, Government Code, and any other law
442	442	regulating the ethical conduct of state officers and employees.
443	443	Sec. 1007.002. CERTAIN BUSINESS INTERESTS; SERVICE AS
444	444	COMMISSIONER. A person is not eligible for appointment as
445	445	commissioner if the person, the person's spouse, or any other
446	446	person who resides in the same household as the person:
447	447	(1) is registered, certified, or licensed by the
448	448	department;
449	449	(2) is employed by or participates in the management
450	450	of a business entity or other organization regulated by or
451	451	receiving funds from the department;
452	452	(3) owns or controls, directly or indirectly, more
453	453	than a 10 percent interest in a business entity or other
454	454	organization regulated by or receiving funds from the department;
455	455	or
456	456	(4) uses or receives a substantial amount of tangible
457	457	goods, services, or funds from the department, other than
458	458	compensation or reimbursement authorized by law.
459	459	Sec. 1007.003. CERTAIN BUSINESS INTERESTS; EMPLOYEES. (a)
460	460	A person who is a director, officer, attorney, agent, or employee of
461	461	an occupation or business entity regulated by the department may
462	462	not be employed by the department.
463	463	(b) A person who resides in the same household as a person
464	464	who is an officer, managerial employee, or paid consultant in an
465	465	occupation or business entity regulated by the department may not
466	466	be employed in an exempt salary position as defined by the General
467	467	Appropriations Act.
468	468	Sec. 1007.004. TRADE ASSOCIATIONS. (a) A person who is an
469	469	officer, employee, or paid consultant of a trade association of
470	470	motor vehicle dealers may not be:
471	471	(1) the commissioner; or
472	472	(2) an employee of the department who is exempt from
473	473	the state's position classification plan or is compensated at or
474	474	above the amount prescribed by the General Appropriations Act for
475	475	step 1, salary group A17, of the position classification salary
476	476	schedule.
477	477	(b) A person who is the spouse of an officer, manager, or
478	478	paid consultant of a trade association of motor vehicle dealers may
479	479	not be:
480	480	(1) the commissioner; or
481	481	(2) an employee of the department who is exempt from
482	482	the state's position classification plan or is compensated at or
483	483	above the amount prescribed by the General Appropriations Act for
484	484	step 1, salary group A17, of the position classification salary
485	485	schedule.
486	486	(c) In this section, "trade association" means a nonprofit,
487	487	cooperative, and voluntarily joined association of business or
488	488	professional competitors designed to assist its members and its
489	489	industry or profession in dealing with mutual business or
490	490	professional problems and in promoting their common interest.
491	491	Sec. 1007.005. LOBBYING ACTIVITIES. A person may not serve
492	492	as the commissioner or act as the general counsel to the
493	493	commissioner if the person is required to register as a lobbyist
494	494	under Chapter 305, Government Code, because of the person's
495	495	activities for compensation on behalf of an occupation related to
496	496	the operation of the department.
497	497	Sec. 1007.006. PROHIBITED REPRESENTATION. (a) A person
498	498	who served as the commissioner, the general counsel to the
499	499	commissioner or to the department, or an employee of the State
500	500	Office of Administrative Hearings who was involved in hearing cases
501	501	under this code or another motor vehicle law of this state commits
502	502	an offense if the person represents another person in a matter
503	503	before the commissioner or the department or receives compensation
504	504	for services performed on behalf of another person regarding a
505	505	matter pending before the commissioner or the department during the
506	506	one-year period after the date the person ceased to be the
507	507	commissioner, the general counsel to the commissioner or the
508	508	department, or an employee of the State Office of Administrative
509	509	Hearings.
510	510	(b) A person who served as a member of the Texas
511	511	Transportation Commission or the Public Safety Commission or as an
512	512	employee of the Texas Department of Transportation or Department of
513	513	Public Safety, or who served as the commissioner, the general
514	514	counsel to the commissioner or the department, or an employee of the
515	515	department or the State Office of Administrative Hearings, commits
516	516	an offense if, after the person ceased to serve, the person
517	517	represents another person or receives compensation for services
518	518	performed on behalf of another person regarding a matter with which
519	519	the person was directly concerned during the person's service. For
520	520	purposes of this subsection, a person was directly concerned with a
521	521	matter if the person had personal involvement with the matter or if
522	522	the matter was within the scope of the person's official
523	523	responsibility.
524	524	(c) An offense under this section is a Class A misdemeanor.
525	525	(d) This section does not apply to a department employee
526	526	whose position is eliminated as a direct result of a reduction in
527	527	the department's workforce.
528	528	ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS
529	529	DEPARTMENT OF TRANSPORTATION
530	530	PART A. GENERAL PROVISIONS AND ADMINISTRATION
531	531	SECTION 2A.01. Section 201.202(a), Transportation Code, is
532	532	amended to read as follows:
533	533	(a) The commission shall organize the department into
534	534	divisions to accomplish the department's functions and the duties
535	535	assigned to it, including divisions for:
536	536	(1) aviation;
537	537	(2) highways and roads; and
538	538	(3) public transportation[; and
539	539	[(4) motor vehicle titles and registration].
540	540	SECTION 2A.02. Section 201.931(2), Transportation Code, is
541	541	amended to read as follows:
542	542	(2) "License" includes:
543	543	(A) a permit issued by the department that
544	544	authorizes the operation of a vehicle and its load or a combination
545	545	of vehicles and load exceeding size or weight limitations;
546	546	(B) a motor carrier registration issued under
547	547	Chapter 643;
548	548	(C) a vehicle storage facility license issued
549	549	under Chapter 2303, Occupations Code;
550	550	(D) a license or permit for outdoor advertising
551	551	issued under Chapter 391 or 394; and
552	552	(E) a salvage vehicle dealer or agent license
553	553	issued under Chapter 2302, Occupations Code[;
554	554	[(F) specially designated or specialized license
555	555	plates issued under Subchapters E and F, Chapter 502; and
556	556	[(G) an apportioned registration issued
557	557	according to the International Registration Plan under Section
558	558	502.054].
559	559	SECTION 2A.03. The following sections of the Transportation
560	560	Code are repealed:
561	561	(1) Section 201.202(c); and
562	562	(2) Section 201.805, as added by Chapter 1407 (S.B.
563	563	766), Acts of the 80th Legislature, Regular Session, 2007.
564	564	PART B. CONTROL OF TRANSPORTATION ASSETS
565	565	SECTION 2B.01. Section 202.002, Transportation Code, is
566	566	repealed.
567	567	PART C. FUNDING AND FEDERAL AID
568	568	SECTION 2C.01. Section 222.001, Transportation Code, is
569	569	amended to read as follows:
570	570	Sec. 222.001. USE OF STATE HIGHWAY FUND. Money that is
571	571	required to be used for public roadways by the Texas Constitution or
572	572	federal law and that is deposited in the state treasury to the
573	573	credit of the state highway fund, including money deposited to the
574	574	credit of the state highway fund under Title 23, United States Code,
575	575	may be used only:
576	576	(1) to improve the state highway system;
577	577	(2) to mitigate adverse environmental effects that
578	578	result directly from construction or maintenance of a state highway
579	579	by the department; [or]
580	580	(3) by the Department of Public Safety to police the
581	581	state highway system and to administer state laws relating to
582	582	traffic and safety on public roads; or
583	583	(4) by the Texas Department of Motor Vehicles to
584	584	administer state laws relating to traffic and safety on public
585	585	roads.
586	586	SECTION 2C.02. Section 222.002, Transportation Code, is
587	587	amended to read as follows:
588	588	Sec. 222.002. USE OF STATE HIGHWAY FUND FOR DEPARTMENT
589	589	FUNCTIONS. Subject to legislative appropriation, money [Money] in
590	590	the state highway fund that is not required to be spent for public
591	591	roadways by the Texas Constitution or federal law may be used for
592	592	any function performed by the department or the Texas Department of
593	593	Motor Vehicles.
594	594	PART D. STATE HIGHWAY TOLL PROJECTS
595	595	SECTION 2D.01. Sections 228.055(b) and (h), Transportation
596	596	Code, are amended to read as follows:
597	597	(b) The department may impose and collect the
598	598	administrative fee, so as to recover the cost of collecting the
599	599	unpaid toll, not to exceed $100. The department shall send a
600	600	written notice of nonpayment to the registered owner of the vehicle
601	601	at that owner's address as shown in the vehicle registration
602	602	records of the Texas Department of Motor Vehicles [department] by
603	603	first class mail and may require payment not sooner than the 30th
604	604	day after the date the notice was mailed. The registered owner
605	605	shall pay a separate toll and administrative fee for each event of
606	606	nonpayment under Section 228.054.
607	607	(h) In this section, "registered owner" means the owner of a
608	608	vehicle as shown on the vehicle registration records of the Texas
609	609	Department of Motor Vehicles [department] or the analogous
610	610	department or agency of another state or country.
611	611	SECTION 2D.02. Section 228.056(b), Transportation Code, is
612	612	amended to read as follows:
613	613	(b) In the prosecution of an offense under Section
614	614	228.055(c), (d), or (e):
615	615	(1) it is presumed that the notice of nonpayment was
616	616	received on the fifth day after the date of mailing;
617	617	(2) a computer record of the Texas Department of Motor
618	618	Vehicles [department] of the registered owner of the vehicle is
619	619	prima facie evidence of its contents and that the defendant was the
620	620	registered owner of the vehicle when the underlying event of
621	621	nonpayment under Section 228.054 occurred; and
622	622	(3) a copy of the rental, lease, or other contract
623	623	document covering the vehicle on the date of the underlying event of
624	624	nonpayment under Section 228.054 is prima facie evidence of its
625	625	contents and that the defendant was the lessee of the vehicle when
626	626	the underlying event of nonpayment under Section 228.054 occurred.
627	627	PART E. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
628	628	HIGHWAYS IN CERTAIN COUNTIES
629	629	SECTION 2E.01. Sections 284.0701(b), (e), and (h),
630	630	Transportation Code, are amended to read as follows:
631	631	(b) The county may impose and collect the administrative
632	632	cost so as to recover the expense of collecting the unpaid toll, not
633	633	to exceed $100. The county shall send a written notice of
634	634	nonpayment to the registered owner of the vehicle at that owner's
635	635	address as shown in the vehicle registration records of the Texas
636	636	Department of Motor Vehicles [department] by first-class mail not
637	637	later than the 30th day after the date of the alleged failure to pay
638	638	and may require payment not sooner than the 30th day after the date
639	639	the notice was mailed. The registered owner shall pay a separate
640	640	toll and administrative cost for each event of nonpayment under
641	641	Section 284.070.
642	642	(e) It is an exception to the application of Subsection (a)
643	643	or (c) if the registered owner of the vehicle transferred ownership
644	644	of the vehicle to another person before the event of nonpayment
645	645	under Section 284.070 occurred, submitted written notice of the
646	646	transfer to the Texas Department of Motor Vehicles [department] in
647	647	accordance with Section 520.023, and before the 30th day after the
648	648	date the notice of nonpayment is mailed, provides to the county the
649	649	name and address of the person to whom the vehicle was transferred.
650	650	If the former owner of the vehicle provides the required
651	651	information within the period prescribed, the county may send a
652	652	notice of nonpayment to the person to whom ownership of the vehicle
653	653	was transferred at the address provided by the former owner by
654	654	first-class mail before the 30th day after the date of receipt of
655	655	the required information from the former owner. The subsequent
656	656	owner of the vehicle for which the proper toll was not paid who is
657	657	mailed a written notice of nonpayment under this subsection and
658	658	fails to pay the proper toll and administrative cost within the time
659	659	specified by the notice of nonpayment commits an offense. The
660	660	subsequent owner shall pay a separate toll and administrative cost
661	661	for each event of nonpayment under Section 284.070. Each failure to
662	662	pay a toll or administrative cost under this subsection is a
663	663	separate offense.
664	664	(h) In this section, "registered owner" means the owner of a
665	665	vehicle as shown on the vehicle registration records of the Texas
666	666	Department of Motor Vehicles [department] or the analogous
667	667	department or agency of another state or country.
668	668	PART F. CERTIFICATE OF TITLE ACT
669	669	SECTION 2F.01. Section 501.002(3), Transportation Code, is
670	670	amended to read as follows:
671	671	(3) "Department" means the Texas Department of Motor
672	672	Vehicles [Transportation].
673	673	PART G. REGISTRATION OF VEHICLES
674	674	SECTION 2G.01. Section 502.001(3), Transportation Code, is
675	675	amended to read as follows:
676	676	(3) "Department" means the Texas Department of Motor
677	677	Vehicles [Transportation].
678	678	SECTION 2G.02. Sections 502.053(a) and (b), Transportation
679	679	Code, are amended to read as follows:
680	680	(a) The department [Texas Department of Transportation]
681	681	shall reimburse the Texas Department of Criminal Justice for the
682	682	cost of manufacturing license plates or registration insignia as
683	683	the license plates or insignia and the invoice for the license
684	684	plates or insignia are delivered to the department [Texas
685	685	Department of Transportation].
686	686	(b) When manufacturing is started, the Texas Department of
687	687	Criminal Justice, the department [Texas Department of
688	688	Transportation], and the comptroller, after negotiation, shall set
689	689	the price to be paid for each license plate or insignia. The price
690	690	must be determined from:
691	691	(1) the cost of metal, paint, and other materials
692	692	purchased;
693	693	(2) the inmate maintenance cost per day;
694	694	(3) overhead expenses;
695	695	(4) miscellaneous charges; and
696	696	(5) a previously approved amount of profit for the
697	697	work.
698	698	PART H. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
699	699	SECTION 2H.01. Sections 503.001(2) and (5), Transportation
700	700	Code, are amended to read as follows:
701	701	(2) "Commission" means the commissioner of motor
702	702	vehicles [Texas Transportation Commission].
703	703	(5) "Department" means the Texas Department of Motor
704	704	Vehicles [Transportation].
705	705	SECTION 2H.02. Section 503.001(1), Transportation Code, is
706	706	repealed.
707	707	PART I. MISCELLANEOUS PROVISIONS
708	708	SECTION 2I.01. Section 520.001, Transportation Code, is
709	709	amended to read as follows:
710	710	Sec. 520.001. DEFINITION. In this chapter, "department"
711	711	means the Texas Department of Motor Vehicles [Transportation].
712	712	PART J. COMPULSORY INSPECTION OF VEHICLES
713	713	SECTION 2J.01. Section 548.306(h), Transportation Code, is
714	714	amended to read as follows:
715	715	(h) The Texas Department of Motor Vehicles [Transportation]
716	716	may deny reregistration of a vehicle if the registered owner of the
717	717	vehicle has received notification under Subsection (c) and the
718	718	vehicle has not passed a verification emissions inspection.
719	719	PART K. ACCIDENTS AND ACCIDENT REPORTS
720	720	SECTION 2K.01. Section 550.0601, Transportation Code, is
721	721	amended to read as follows:
722	722	Sec. 550.0601. DEFINITION. In this subchapter,
723	723	"department" means the Texas Department of Motor Vehicles
724	724	[Transportation].
725	725	SECTION 2K.02. Section 550.081, Transportation Code, as
726	726	amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the
727	727	80th Legislature, Regular Session, 2007, is reenacted and amended
728	728	to read as follows:
729	729	Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
730	730	PEACE. (a) In this section, "department" means the Texas
731	731	Department of Motor Vehicles.
732	732	(b) A medical examiner or justice of the peace acting as
733	733	coroner in a county that does not have a medical examiner's office
734	734	or that is not part of a medical examiner's district shall submit a
735	735	report in writing to the department [Texas Department of
736	736	Transportation] of the death of a person that was the result of a
737	737	traffic accident to which this chapter applies and that occurred
738	738	within the jurisdiction of the medical examiner or justice of the
739	739	peace in the preceding calendar quarter.
740	740	(c) [(b)] The report must be submitted before the 11th day
741	741	of each calendar month and include:
742	742	(1) the name of the deceased and a statement as to
743	743	whether the deceased was:
744	744	(A) the operator of or a passenger in a vehicle
745	745	involved in the accident; or
746	746	(B) a pedestrian or other nonoccupant of a
747	747	vehicle;
748	748	(2) the date of the accident and the name of the county
749	749	in which the accident occurred;
750	750	(3) the name of any laboratory, medical examiner's
751	751	office, or other facility that conducted toxicological testing
752	752	relative to the deceased; and
753	753	(4) the results of any toxicological testing that was
754	754	conducted.
755	755	(d) [(c)] A report required by this section shall be sent
756	756	to:
757	757	(1) the crash records bureau of the department at its
758	758	headquarters in Austin; or
759	759	(2) any other office or bureau of the department that
760	760	the department designates.
761	761	(e) [(d)] If toxicological test results are not available
762	762	to the medical examiner or justice of the peace on the date a report
763	763	must be submitted, the medical examiner or justice shall:
764	764	(1) submit a report that includes the statement
765	765	"toxicological test results unavailable"; and
766	766	(2) submit a supplement to the report that contains
767	767	the information required by Subsections (c)(3) [(b)(3)] and (4) as
768	768	soon as practicable after the toxicological test results become
769	769	available.
770	770	(f) [(e)] The department shall prepare and when requested
771	771	supply to medical examiners' offices and justices of the peace the
772	772	forms necessary to make the reports required by this section.
773	773	PART L. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
774	774	SECTION 2L.01. Section 551.302, Transportation Code, is
775	775	amended to read as follows:
776	776	Sec. 551.302. REGISTRATION. The Texas Department of Motor
777	777	Vehicles [Transportation] may adopt rules relating to the
778	778	registration and issuance of license plates to neighborhood
779	779	electric vehicles.
780	780	PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
781	781	SECTION 2M.01. Sections 601.004(a), (c), and (d),
782	782	Transportation Code, are amended to read as follows:
783	783	(a) The operator of a motor vehicle that is involved in an
784	784	accident in this state shall report the accident to the department
785	785	[Texas Department of Transportation] not later than the 10th day
786	786	after the date of the accident if:
787	787	(1) the accident is not investigated by a law
788	788	enforcement officer; and
789	789	(2) at least one person, including the operator,
790	790	sustained:
791	791	(A) bodily injury or death; or
792	792	(B) property damage to an apparent extent of at
793	793	least $1,000.
794	794	(c) The report must be made in writing in the form
795	795	prescribed by the [Texas Department of Transportation and the]
796	796	department and must contain information as necessary to enable the
797	797	department to determine if the requirements for the deposit of
798	798	security under Subchapter F do not apply because of the existence of
799	799	insurance or an exception specified in this chapter. The operator
800	800	or owner shall provide additional information as required by the
801	801	department.
802	802	(d) A written report of an accident made to the department
803	803	[Texas Department of Transportation] under Section 550.061 or
804	804	550.062 complies with this section if that report contains the
805	805	information required by this section.
806	806	SECTION 2M.02. Section 601.023, Transportation Code, is
807	807	amended to read as follows:
808	808	Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
809	809	may pay[:
810	810	[(1) a statutory fee required by the Texas Department
811	811	of Transportation for a certified abstract or in connection with
812	812	suspension of a vehicle registration; or
813	813	[(2)] a statutory fee payable to the comptroller for
814	814	issuance of a certificate of deposit required by Section 601.122.
815	815	SECTION 2M.03. Section 601.451, Transportation Code, as
816	816	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
817	817	Regular Session, 2005, is amended to read as follows:
818	818	Sec. 601.451. DEFINITION. In this subchapter,
819	819	"implementing agencies" means:
820	820	(1) the department;
821	821	(2) [the Texas Department of Transportation;
822	822	[(3)] the Texas Department of Insurance; and
823	823	(3) [(4)] the Department of Information Resources.
824	824	SECTION 2M.04. Subchapter N, Chapter 601, Transportation
825	825	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
826	826	Legislature, Regular Session, 2003, is repealed.
827	827	PART N. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
828	828	STOPPING OFFENSES
829	829	SECTION 2N.01. Section 682.008, Transportation Code, is
830	830	amended to read as follows:
831	831	Sec. 682.008. PRESUMPTIONS. In an administrative
832	832	adjudication hearing under this chapter:
833	833	(1) it is presumed that the registered owner of the
834	834	motor vehicle is the person who parked or stopped the vehicle at the
835	835	time and place of the offense charged; and
836	836	(2) the Texas Department of Motor Vehicle's
837	837	[Transportation's] computer-generated record of the registered
838	838	vehicle owner is prima facie evidence of the contents of the record.
839	839	PART O. ABANDONED MOTOR VEHICLES
840	840	SECTION 2O.01. Section 683.001(1), Transportation Code, is
841	841	amended to read as follows:
842	842	(1) "Department" means the Texas Department of Motor
843	843	Vehicles [Transportation].
844	844	PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
845	845	SECTION 2P.01. Section 702.001(1), Transportation Code, is
846	846	amended to read as follows:
847	847	(1) "Department" means the Texas Department of Motor
848	848	Vehicles [Transportation].
849	849	PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
850	850	SECTION 2Q.01. Section 707.001(2), Transportation Code, is
851	851	amended to read as follows:
852	852	(2) "Owner of a motor vehicle" means the owner of a
853	853	motor vehicle as shown on the motor vehicle registration records of
854	854	the Texas Department of Motor Vehicles [Transportation] or the
855	855	analogous department or agency of another state or country.
856	856	SECTION 2Q.02. Section 707.011(b), Transportation Code, is
857	857	amended to read as follows:
858	858	(b) Not later than the 30th day after the date the violation
859	859	is alleged to have occurred, the designated department, agency, or
860	860	office of the local authority or the entity with which the local
861	861	authority contracts under Section 707.003(a)(1) shall mail the
862	862	notice of violation to the owner at:
863	863	(1) the owner's address as shown on the registration
864	864	records of the Texas Department of Motor Vehicles [Transportation];
865	865	or
866	866	(2) if the vehicle is registered in another state or
867	867	country, the owner's address as shown on the motor vehicle
868	868	registration records of the department or agency of the other state
869	869	or country analogous to the Texas Department of Motor Vehicles
870	870	[Transportation].
871	871	SECTION 2Q.03. Section 707.017, Transportation Code, is
872	872	amended to read as follows:
873	873	Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
874	874	is delinquent in the payment of a civil penalty imposed under this
875	875	chapter, the county assessor-collector or the Texas Department of
876	876	Motor Vehicles [Transportation] may refuse to register a motor
877	877	vehicle alleged to have been involved in the violation.
878	878	PART R. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
879	879	SECTION 2R.01. Sections 1(3) and (4), Article 4413(37),
880	880	Revised Statutes, are amended to read as follows:
881	881	(3) "Department" means the Texas Department of Motor
882	882	Vehicles [Transportation].
883	883	(4) "Commissioner" ["Director"] means the
884	884	commissioner of motor vehicles [executive director of the Texas
885	885	Department of Transportation].
886	886	SECTION 2R.02. Section 2, Article 4413(37), Revised
887	887	Statutes, is amended to read as follows:
888	888	Sec. 2. ESTABLISHMENT OF AUTHORITY. The Automobile
889	889	Burglary and Theft Prevention Authority is established in the Texas
890	890	Department of Motor Vehicles [Transportation]. The authority is
891	891	not an advisory body to the Texas Department of Motor Vehicles
892	892	[Transportation].
893	893	SECTION 2R.03. Sections 3(c), (h), and (l), Article
894	894	4413(37), Revised Statutes, are amended to read as follows:
895	895	(c) The commissioner [director of the Department of Public
896	896	Safety] or the commissioner's [director's] designee serves ex
897	897	officio as the seventh member of the authority.
898	898	(h) If the commissioner [director] has knowledge that a
899	899	potential ground for removal exists, the commissioner [director]
900	900	shall notify the presiding officer of the authority of the
901	901	potential ground. The presiding officer shall then notify the
902	902	governor and the attorney general that a potential ground for
903	903	removal exists. If the potential ground for removal involves the
904	904	presiding officer, the commissioner [director] shall notify the
905	905	next highest officer of the authority, who shall notify the
906	906	governor and the attorney general that a potential ground for
907	907	removal exists.
908	908	(l) The commissioner [director] or the commissioner's
909	909	[director's] designee shall provide to members of the authority, as
910	910	often as necessary, information regarding their qualifications for
911	911	office under this article and their responsibilities under
912	912	applicable laws relating to standards of conduct for state
913	913	officers.
914	914	SECTION 2R.04. Sections 9(a), (b), and (g), Article
915	915	4413(37), Revised Statutes, are amended to read as follows:
916	916	(a) The authority shall develop a statewide motor vehicle
917	917	registration program to be administered by the department
918	918	[Department of Public Safety].
919	919	(b) The authority shall identify a period of the day during
920	920	which most motor vehicles are not used. An owner of a motor vehicle
921	921	that does not usually use the motor vehicle during that period may
922	922	register the motor vehicle with the department [Department of
923	923	Public Safety] in accordance with the program developed by the
924	924	authority.
925	925	(g) The department [Department of Public Safety] shall
926	926	adopt rules to administer the program and shall adopt fees in an
927	927	amount sufficient to recover the cost of administering the program.
928	928	ARTICLE 3. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
929	929	OF PUBLIC SAFETY
930	930	PART A. REGIONAL MOBILITY AUTHORITIES
931	931	SECTION 3A.01. Sections 370.191(c), (d), and (e),
932	932	Transportation Code, are amended to read as follows:
933	933	(c) To the extent an authority considers appropriate to
934	934	expedite commerce and based on the Texas ITS/CVO Business Plan
935	935	prepared by the department, the Texas Department of Motor Vehicles
936	936	[Public Safety], and the comptroller, the authority shall provide
937	937	for implementation by the appropriate agencies of the use of
938	938	Intelligent Transportation Systems for Commercial Vehicle
939	939	Operations (ITS/CVO) in any new commercial motor vehicle inspection
940	940	facility constructed by the authority and in any existing facility
941	941	located at a port of entry to which this section applies. The
942	942	authority shall coordinate with other state and federal
943	943	transportation officials to develop interoperability standards for
944	944	the systems.
945	945	(d) If an authority constructs a facility at which
946	946	commercial vehicle safety inspections are conducted, the facility
947	947	may not be used solely for the purpose of conducting commercial
948	948	motor vehicle inspections by the Texas Department of Motor Vehicles
949	949	[Public Safety] and the facility must include implementation of
950	950	ITS/CVO technology by the appropriate agencies to support all
951	951	commercial motor vehicle regulation and enforcement functions.
952	952	(e) As part of its implementation of technology under this
953	953	section, an authority shall to the greatest extent possible as a
954	954	requirement of the construction of the facility:
955	955	(1) enhance efficiency and reduce complexity for motor
956	956	carriers by providing a single point of contact between carriers
957	957	and regulating state and federal government officials and providing
958	958	a single point of information, available to wireless access, about
959	959	federal and state regulatory and enforcement requirements;
960	960	(2) prevent duplication of state and federal
961	961	procedures and locations for regulatory and enforcement
962	962	activities, including consolidation of collection of applicable
963	963	fees;
964	964	(3) link information systems of the authority, the
965	965	department, the Texas Department of Motor Vehicles [Public Safety],
966	966	the comptroller, and, to the extent possible, the United States
967	967	Department of Transportation and other appropriate regulatory and
968	968	enforcement entities; and
969	969	(4) take other necessary action to:
970	970	(A) facilitate the flow of commerce;
971	971	(B) assist federal interdiction efforts;
972	972	(C) protect the environment by reducing idling
973	973	time of commercial motor vehicles at the facilities;
974	974	(D) prevent highway damage caused by overweight
975	975	commercial motor vehicles; and
976	976	(E) seek federal funds to assist in the
977	977	implementation of this section.
978	978	PART B. CERTIFICATE OF TITLE ACT
979	979	SECTION 3B.01. Section 501.100(e), Transportation Code, is
980	980	amended to read as follows:
981	981	(e) On or after the 31st day after the date the department
982	982	receives a rebuilder fee under Subsection (d), the department shall
983	983	deposit $50 of the fee to the credit of the state highway fund to be
984	984	used only by the department [Department of Public Safety] to
985	985	enforce this chapter and $15 to the credit of the general revenue
986	986	fund.
987	987	PART C. REGISTRATION OF VEHICLES
988	988	SECTION 3C.01. Sections 502.009(a), (b), and (d),
989	989	Transportation Code, are amended to read as follows:
990	990	(a) The department [Department of Public Safety] shall
991	991	ensure compliance with the motor vehicle emissions inspection and
992	992	maintenance program through a vehicle inspection sticker-based
993	993	enforcement system except as provided by this section or Section
994	994	548.3011. Subsections (b)-(e) apply only if the United States
995	995	Environmental Protection Agency determines that the state has not
996	996	demonstrated, as required by 40 C.F.R. Section 51.361, that
997	997	sticker-based enforcement of the program is more effective than
998	998	registration-based enforcement and gives the Texas Natural
999	999	Resource Conservation Commission or the governor written
1000	1000	notification that the reregistration-based enforcement of the
1001	1001	program, as described by those subsections, will be required. If
1002	1002	Subsections (b)-(e) are made applicable as provided by this
1003	1003	subsection, the department shall terminate reregistration-based
1004	1004	enforcement of the program under those subsections on the date the
1005	1005	United States Environmental Protection Agency gives the Texas
1006	1006	Natural Resource Conservation Commission or a person the commission
1007	1007	designates written notification that reregistration-based
1008	1008	enforcement is not required for the state implementation plan.
1009	1009	(b) The department may not register a motor vehicle if the
1010	1010	department determines or receives from the Texas Natural Resource
1011	1011	Conservation Commission [or the Department of Public Safety]
1012	1012	notification that the registered owner of the vehicle has not
1013	1013	complied with Subchapter F, Chapter 548.
1014	1014	(d) The department and[,] the Texas Natural Resource
1015	1015	Conservation Commission[, and the Department of Public Safety]
1016	1016	shall enter an agreement regarding the responsibilities for costs
1017	1017	associated with implementing this section.
1018	1018	SECTION 3C.02. Section 502.1715(b), Transportation Code,
1019	1019	is amended to read as follows:
1020	1020	(b) Fees collected under this section shall be deposited to
1021	1021	the credit of the state highway fund. Subject to appropriations,
1022	1022	the money shall be used by the department [Department of Public
1023	1023	Safety] to:
1024	1024	(1) support the department's [Department of Public
1025	1025	Safety's] reengineering of the driver's license system to provide
1026	1026	for the issuance by the department [Department of Public Safety] of
1027	1027	a driver's license or personal identification certificate, to
1028	1028	include use of image comparison technology;
1029	1029	(2) establish and maintain a system to support the
1030	1030	driver responsibility program under Chapter 708; and
1031	1031	(3) make lease payments to the master lease purchase
1032	1032	program for the financing of the driver's license reengineering
1033	1033	project.
1034	1034	SECTION 3C.03. Section 502.1715(c), Transportation Code,
1035	1035	as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
1036	1036	the 79th Legislature, Regular Session, 2005, is reenacted and
1037	1037	amended to read as follows:
1038	1038	(c) Fees collected under this section shall be deposited to
1039	1039	the credit of the state highway fund. Subject to appropriation,
1040	1040	the money may be used by the [Department of Public Safety, the]
1041	1041	Texas Department of Insurance, the Department of Information
1042	1042	Resources, and the department to carry out Subchapter N, Chapter
1043	1043	601.
1044	1044	SECTION 3C.04. Section 502.1715(d), Transportation Code,
1045	1045	is amended to read as follows:
1046	1046	(d) The [Department of Public Safety, the] Texas Department
1047	1047	of Insurance, the Department of Information Resources, and the
1048	1048	department shall jointly adopt rules and develop forms necessary to
1049	1049	administer this section.
1050	1050	PART D. DRIVER'S LICENSES AND CERTIFICATES
1051	1051	SECTION 3D.01. Sections 521.001(a)(1) and (2),
1052	1052	Transportation Code, are amended to read as follows:
1053	1053	(1) "Commissioner" means the commissioner of motor
1054	1054	vehicles.
1055	1055	(2) "Department" means the Texas Department of Motor
1056	1056	Vehicles [Public Safety.
1057	1057	[(2) "Director" means the public safety director].
1058	1058	SECTION 3D.02. Section 521.042(e), Transportation Code, is
1059	1059	amended to read as follows:
1060	1060	(e) The commissioner [director] may maintain records
1061	1061	required under this subchapter on microfilm or computer.
1062	1062	SECTION 3D.03. Section 521.043, Transportation Code, is
1063	1063	amended to read as follows:
1064	1064	Sec. 521.043. ELIMINATION OF CERTAIN UNNECESSARY RECORDS.
1065	1065	The department is not required to maintain records relating to a
1066	1066	person if the commissioner [director] decides that the records are
1067	1067	no longer necessary, except that the department shall maintain a
1068	1068	record of a conviction as long as the record may be used:
1069	1069	(1) as grounds for a license cancellation, suspension,
1070	1070	revocation, or denial; or
1071	1071	(2) in conjunction with other records of convictions,
1072	1072	to establish that a person is a frequent violator of traffic laws.
1073	1073	SECTION 3D.04. Section 521.163, Transportation Code, is
1074	1074	amended to read as follows:
1075	1075	Sec. 521.163. REEXAMINATION. (a) The commissioner
1076	1076	[director] may require the holder of a license to be reexamined if
1077	1077	the commissioner [director] determines that the holder is incapable
1078	1078	of safely operating a motor vehicle.
1079	1079	(b) The reexamination shall be conducted in the license
1080	1080	holder's county of residence unless the holder and the commissioner
1081	1081	[director] agree to a different location.
1082	1082	SECTION 3D.05. Sections 521.165(a) and (c), Transportation
1083	1083	Code, are amended to read as follows:
1084	1084	(a) The commissioner [director] may certify and set
1085	1085	standards for the certification of certain employers, government
1086	1086	agencies, and other appropriate organizations to allow those
1087	1087	persons to train and test for the ability to operate certain types
1088	1088	of vehicles.
1089	1089	(c) In issuing a driver's license for certain types of
1090	1090	vehicles, the commissioner [director] may waive a driving test for
1091	1091	an applicant who has successfully completed and passed the training
1092	1092	and testing conducted by a person certified under Subsection (a).
1093	1093	SECTION 3D.06. Section 521.294, Transportation Code, is
1094	1094	amended to read as follows:
1095	1095	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1096	1096	REVOCATION. The department shall revoke the person's license if
1097	1097	the department determines that the person:
1098	1098	(1) is incapable of safely operating a motor vehicle;
1099	1099	(2) has not complied with the terms of a citation
1100	1100	issued by a jurisdiction that is a party to the Nonresident Violator
1101	1101	Compact of 1977 for a traffic violation to which that compact
1102	1102	applies;
1103	1103	(3) has failed to provide medical records or has
1104	1104	failed to undergo medical or other examinations as required by a
1105	1105	panel of the medical advisory board;
1106	1106	(4) has failed to pass an examination required by the
1107	1107	commissioner [director] under this chapter;
1108	1108	(5) has been reported by a court under Section
1109	1109	521.3452 for failure to appear unless the court files an additional
1110	1110	report on final disposition of the case;
1111	1111	(6) has been reported within the preceding two years
1112	1112	by a justice or municipal court for failure to appear or for a
1113	1113	default in payment of a fine for a misdemeanor punishable only by
1114	1114	fine, other than a failure reported under Section 521.3452,
1115	1115	committed by a person who is at least 14 years of age but younger
1116	1116	than 17 years of age when the offense was committed, unless the
1117	1117	court files an additional report on final disposition of the case;
1118	1118	or
1119	1119	(7) has committed an offense in another state or
1120	1120	Canadian province that, if committed in this state, would be
1121	1121	grounds for revocation.
1122	1122	SECTION 3D.07. Section 521.310(a), Transportation Code, is
1123	1123	amended to read as follows:
1124	1124	(a) If the commissioner [director] believes that a person
1125	1125	who has been placed on probation under Section 521.309 has violated
1126	1126	a term or condition of the probation, the commissioner [director]
1127	1127	shall notify the person and summon the person to appear at a hearing
1128	1128	in the court or before the presiding officer or judge who
1129	1129	recommended that the person be placed on probation after notice as
1130	1130	provided by Sections 521.295 and 521.296.
1131	1131	SECTION 3D.08. Sections 521.344(e), (f), and (g),
1132	1132	Transportation Code, are amended to read as follows:
1133	1133	(e) After the date has passed, according to department
1134	1134	records, for successful completion of the educational program
1135	1135	designed to rehabilitate persons who operated motor vehicles while
1136	1136	intoxicated, the commissioner [director] shall revoke the license
1137	1137	of a person who does not successfully complete the program or, if
1138	1138	the person is a resident without a license to operate a motor
1139	1139	vehicle in this state, shall issue an order prohibiting the person
1140	1140	from obtaining a license.
1141	1141	(f) After the date has passed, according to department
1142	1142	records, for successful completion of an educational program for
1143	1143	repeat offenders as required by Section 13, Article 42.12, Code of
1144	1144	Criminal Procedure, the commissioner [director] shall suspend the
1145	1145	license of a person who does not successfully complete the program
1146	1146	or, if the person is a resident without a license, shall issue an
1147	1147	order prohibiting the person from obtaining a license.
1148	1148	(g) A revocation, suspension, or prohibition order under
1149	1149	Subsection (e) or (f) remains in effect until the department
1150	1150	receives notice of successful completion of the educational
1151	1151	program. The commissioner [director] shall promptly send notice of
1152	1152	a revocation or prohibition order issued under Subsection (e) or
1153	1153	(f) by first class mail to the person at the person's most recent
1154	1154	address as shown in the records of the department. The notice must
1155	1155	include the date of the revocation or prohibition order, the reason
1156	1156	for the revocation or prohibition, and a statement that the person
1157	1157	has the right to request in writing that a hearing be held on the
1158	1158	revocation or prohibition. Notice is considered received on the
1159	1159	fifth day after the date the notice is mailed. A revocation or
1160	1160	prohibition under Subsection (e) or (f) takes effect on the 30th day
1161	1161	after the date the notice is mailed. The person may request a
1162	1162	hearing not later than the 20th day after the date the notice is
1163	1163	mailed. If the department receives a request under this
1164	1164	subsection, the department shall set the hearing for the earliest
1165	1165	practical time and the revocation or prohibition does not take
1166	1166	effect until resolution of the hearing.
1167	1167	SECTION 3D.09. Section 521.3465(c), Transportation Code,
1168	1168	is amended to read as follows:
1169	1169	(c) If the person is a resident of this state without a
1170	1170	driver's license to operate a motor vehicle, the commissioner
1171	1171	[director] shall issue an order prohibiting the person from being
1172	1172	issued a driver's license before the 181st day after the date of the
1173	1173	conviction.
1174	1174	SECTION 3D.10. Section 521.3466(b), Transportation Code,
1175	1175	is amended to read as follows:
1176	1176	(b) If the person is a resident of this state without a
1177	1177	driver's license to operate a motor vehicle, the commissioner
1178	1178	[director] shall issue an order prohibiting the person from being
1179	1179	issued a driver's license until the second anniversary of the date
1180	1180	of the conviction.
1181	1181	SECTION 3D.11. Section 521.452(a), Transportation Code, is
1182	1182	amended to read as follows:
1183	1183	(a) After written approval by the commissioner [director],
1184	1184	the department may issue to a law enforcement officer an alias
1185	1185	driver's license to be used in supervised activities involving a
1186	1186	criminal investigation.
1187	1187	PART E. COMMERCIAL DRIVER'S LICENSES
1188	1188	SECTION 3E.01. Section 522.003(8), Transportation Code, is
1189	1189	amended to read as follows:
1190	1190	(8) "Department" means the Texas Department of Motor
1191	1191	Vehicles [Public Safety].
1192	1192	SECTION 3E.02. Section 522.007, Transportation Code, is
1193	1193	amended to read as follows:
1194	1194	Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
1195	1195	commissioner of motor vehicles [public safety director] shall enter
1196	1196	negotiations with an appropriate person or entity of a state
1197	1197	bordering this state for the purpose of applying the exemption
1198	1198	contained in Section 522.004(a)(1) to residents of that state.
1199	1199	(b) The commissioner of motor vehicles [public safety
1200	1200	director] may enter an agreement to apply the exemption contained
1201	1201	in Section 522.004(a)(1) to residents of a bordering state only if
1202	1202	that state extends a similar exemption to residents of this state.
1203	1203	PART F. DRIVER'S LICENSE COMPACT OF 1993
1204	1204	SECTION 3F.01. Sections 523.003(2) and (5), Transportation
1205	1205	Code, are amended to read as follows:
1206	1206	(2) "Executive director" means the commissioner of
1207	1207	motor vehicles [director of the Department of Public Safety] or the
1208	1208	equivalent officer of another state.
1209	1209	(5) "Licensing authority" means the Texas Department
1210	1210	of Motor Vehicles [Public Safety] or the equivalent agency of
1211	1211	another state.
1212	1212	PART G. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE
1213	1213	TO PASS TEST FOR INTOXICATION
1214	1214	SECTION 3G.01. Section 524.001(8), Transportation Code, is
1215	1215	amended to read as follows:
1216	1216	(8) "Department" means the Texas Department of Motor
1217	1217	Vehicles [Public Safety].
1218	1218	SECTION 3G.02. Section 524.001(9), Transportation Code, is
1219	1219	repealed.
1220	1220	PART H. MOTORCYCLE AND BICYCLE AWARENESS
1221	1221	SECTION 3H.01. Section 525.001(b), Transportation Code, is
1222	1222	amended to read as follows:
1223	1223	(b) The Texas Department of Motor Vehicles [Public Safety]
1224	1224	shall include motorcycle and bicycle awareness information in any
1225	1225	edition of the Texas driver's handbook [published after the
1226	1226	department exhausts the supply of the handbook that the department
1227	1227	had on September 1, 1993].
1228	1228	PART I. SUBTITLE C, TITLE 7, DEFINITIONS
1229	1229	SECTION 3I.01. Sections 541.002(1) and (2), Transportation
1230	1230	Code, are amended to read as follows:
1231	1231	(1) "Department" means the Texas Department of Motor
1232	1232	Vehicles [Public Safety] acting directly or through its authorized
1233	1233	officers and agents.
1234	1234	(2) "Commissioner" ["Director"] means the
1235	1235	commissioner of motor vehicles [public safety director].
1236	1236	PART J. VEHICLE EQUIPMENT
1237	1237	SECTION 3J.01. Section 547.104, Transportation Code, is
1238	1238	amended to read as follows:
1239	1239	Sec. 547.104. SLOW-MOVING-VEHICLE EMBLEM STANDARDS. The
1240	1240	commissioner [director] shall adopt standards and specifications
1241	1241	that:
1242	1242	(1) apply to the color, size, and mounting position of
1243	1243	a slow-moving-vehicle emblem; and
1244	1244	(2) at the time adopted, correlate with and conform as
1245	1245	closely as practicable to the standards and specifications adopted
1246	1246	or approved by the American Society of Agricultural Engineers for a
1247	1247	uniform emblem to identify a slow-moving vehicle.
1248	1248	SECTION 3J.02. Section 547.802(c), Transportation Code, is
1249	1249	amended to read as follows:
1250	1250	(c) The commissioner [director] may require an inspection
1251	1251	of a motor-driven cycle braking system and may disapprove a system
1252	1252	that:
1253	1253	(1) does not comply with the brake performance
1254	1254	requirements in Section 547.408; or
1255	1255	(2) is not designed or constructed to ensure
1256	1256	reasonable and reliable performance during actual use.
1257	1257	PART K. COMPULSORY INSPECTION OF VEHICLES
1258	1258	SECTION 3K.01. Section 548.001(2), Transportation Code, is
1259	1259	amended to read as follows:
1260	1260	(2) "Commissioner" ["Commission"] means the
1261	1261	commissioner of motor vehicles [Public Safety Commission].
1262	1262	SECTION 3K.02. The heading to Section 548.301,
1263	1263	Transportation Code, is amended to read as follows:
1264	1264	Sec. 548.301. COMMISSIONER [COMMISSION] TO ESTABLISH
1265	1265	PROGRAM.
1266	1266	SECTION 3K.03. Sections 548.301(a), (b), and (b-1),
1267	1267	Transportation Code, are amended to read as follows:
1268	1268	(a) The commissioner [commission] shall establish a motor
1269	1269	vehicle emissions inspection and maintenance program for vehicles
1270	1270	as required by any law of the United States or the state's air
1271	1271	quality state implementation plan.
1272	1272	(b) The commissioner [commission] by rule may establish a
1273	1273	motor vehicle emissions inspection and maintenance program for
1274	1274	vehicles specified by the conservation commission in a county for
1275	1275	which the conservation commission has adopted a resolution
1276	1276	requesting the commission to establish such a program and for which
1277	1277	the county and the municipality with the largest population in the
1278	1278	county by resolution have formally requested a proactive air
1279	1279	quality plan consisting of such a program.
1280	1280	(b-1) The commissioner [commission] by rule may establish a
1281	1281	motor vehicle emissions inspection and maintenance program for
1282	1282	vehicles subject to an early action compact as defined by Section
1283	1283	382.301, Health and Safety Code, that is consistent with the early
1284	1284	action compact.
1285	1285	SECTION 3K.04. Section 548.302, Transportation Code, is
1286	1286	amended to read as follows:
1287	1287	Sec. 548.302. COMMISSIONER [COMMISSION] TO ADOPT STANDARDS
1288	1288	AND REQUIREMENTS. The commissioner [commission] shall:
1289	1289	(1) adopt standards for emissions-related inspection
1290	1290	criteria consistent with requirements of the United States and the
1291	1291	conservation commission applicable to a county in which a program
1292	1292	is established under this subchapter; and
1293	1293	(2) develop and impose requirements necessary to
1294	1294	ensure that an inspection certificate is not issued to a vehicle
1295	1295	subject to a program established under this subchapter unless the
1296	1296	vehicle has passed a motor vehicle emissions inspection at a
1297	1297	facility authorized and certified by the department.
1298	1298	SECTION 3K.05. Sections 548.407(a), (b), (f), (g), (h),
1299	1299	(j), and (l), Transportation Code, are amended to read as follows:
1300	1300	(a) Before an application for certification as an
1301	1301	inspection station or inspector is denied, the commissioner
1302	1302	[director] or a person the commissioner [director] designates shall
1303	1303	give the person written notification of:
1304	1304	(1) the proposed denial;
1305	1305	(2) each reason for the proposed denial; and
1306	1306	(3) the person's right to an administrative hearing to
1307	1307	determine whether the evidence warrants the denial.
1308	1308	(b) Before a certificate of appointment as an inspector or
1309	1309	inspection station is revoked or suspended, the commissioner
1310	1310	[director] or a person the commissioner [director] designates shall
1311	1311	give written notification to the inspector or inspection station of
1312	1312	the revocation or the period of suspension. The notice shall
1313	1313	include:
1314	1314	(1) the effective date of the revocation or the period
1315	1315	of the suspension, as applicable;
1316	1316	(2) each reason for the revocation or suspension; and
1317	1317	(3) a statement explaining the person's right to an
1318	1318	administrative hearing to determine whether the evidence warrants
1319	1319	the revocation or suspension.
1320	1320	(f) To obtain an administrative hearing on a denial,
1321	1321	suspension, or revocation under this section, a person must submit
1322	1322	a written request for a hearing to the commissioner [director] not
1323	1323	later than the 20th day after the date notice is delivered
1324	1324	personally or is mailed.
1325	1325	(g) If the commissioner [director] receives a timely
1326	1326	request under Subsection (f), the commissioner [director] shall
1327	1327	provide the person with an opportunity for a hearing as soon as
1328	1328	practicable. A hearing on a revocation or suspension under
1329	1329	Subsection (d) that takes effect on receipt of the notice must be
1330	1330	held not later than 14 days after the department receives the
1331	1331	request for hearing. The revocation or suspension continues in
1332	1332	effect until the hearing is completed if the hearing is continued
1333	1333	beyond the 14-day period:
1334	1334	(1) at the request of the inspector or inspection
1335	1335	station; or
1336	1336	(2) on a finding of good cause by a judge,
1337	1337	administrative law judge, or hearing officer.
1338	1338	(h) If the commissioner [director] does not receive a timely
1339	1339	request under Subsection (f), the commissioner [director] may deny
1340	1340	the application, revoke or suspend a certificate, or sustain the
1341	1341	revocation or suspension of a certificate without a hearing.
1342	1342	(j) The commissioner [director] or a person designated by
1343	1343	the commissioner [director] shall conduct the hearing and may
1344	1344	administer oaths and issue subpoenas for the attendance of
1345	1345	witnesses and the production of relevant books, papers, or
1346	1346	documents. If the hearing is conducted by a person designated by
1347	1347	the commissioner [director], the commissioner [director] may take
1348	1348	action under this section on a recommendation of the designated
1349	1349	person.
1350	1350	(l) If an administrative law judge of the State Office of
1351	1351	Administrative Hearings conducts a hearing under this section and
1352	1352	the proposal for decision supports the position of the department,
1353	1353	the proposal for decision may recommend a denial of an application
1354	1354	or a revocation or suspension of a certificate only. The proposal
1355	1355	may not recommend a reprimand or a probated or otherwise deferred
1356	1356	disposition of the denial, revocation, or suspension. If the
1357	1357	administrative law judge makes a proposal for a decision to deny an
1358	1358	application or to suspend or revoke a certificate, the
1359	1359	administrative law judge shall include in the proposal a finding of
1360	1360	the costs, fees, expenses, and reasonable and necessary attorney's
1361	1361	fees the state incurred in bringing the proceeding. The
1362	1362	commissioner [director] may adopt the finding for costs, fees, and
1363	1363	expenses and make the finding a part of the final order entered in
1364	1364	the proceeding. Proceeds collected from a finding made under this
1365	1365	subsection shall be paid to the department.
1366	1366	SECTION 3K.06. Section 548.408, Transportation Code, is
1367	1367	amended to read as follows:
1368	1368	Sec. 548.408. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION.
1369	1369	(a) A person dissatisfied with the final decision of the
1370	1370	commissioner [director] may appeal the decision by filing a
1371	1371	petition as provided by Subchapter G, Chapter 2001, Government
1372	1372	Code.
1373	1373	(b) The district or county attorney or the attorney general
1374	1374	shall represent the commissioner [director] in the appeal, except
1375	1375	that an attorney who is a full-time employee of the department may
1376	1376	represent the commissioner [director] in the appeal with the
1377	1377	approval of the attorney general.
1378	1378	(c) The court in which the appeal is filed shall:
1379	1379	(1) set the matter for hearing after 10 days' written
1380	1380	notice to the commissioner [director] and the attorney representing
1381	1381	the commissioner [director]; and
1382	1382	(2) determine whether an enforcement action of the
1383	1383	commissioner [director] shall be suspended pending hearing and
1384	1384	enter an order for the suspension.
1385	1385	(d) The court order takes effect when served on the
1386	1386	commissioner [director].
1387	1387	(e) The commissioner [director] shall provide a copy of the
1388	1388	petition and court order to the attorney representing the
1389	1389	commissioner [director].
1390	1390	(f) A stay under this section may not be effective for more
1391	1391	than 90 days after the date the petition for appeal is filed. On the
1392	1392	expiration of the stay, the commissioner's [director's] enforcement
1393	1393	action shall be reinstated or imposed. The department or court may
1394	1394	not extend the stay or grant an additional stay.
1395	1395	(g) Judicial review of the final decision of the
1396	1396	commissioner [director] is under the substantial evidence rule.
1397	1397	SECTION 3K.07. Section 548.001(4), Transportation Code, is
1398	1398	repealed.
1399	1399	PART L. ACCIDENTS AND ACCIDENT REPORTS
1400	1400	SECTION 3L.01. Subchapter A, Chapter 550, Transportation
1401	1401	Code, is amended by adding Section 550.002 to read as follows:
1402	1402	Sec. 550.002. TABULATION AND ANALYSIS OF ACCIDENT REPORTS.
1403	1403	The department shall:
1404	1404	(1) tabulate and analyze the vehicle accident reports
1405	1405	it receives;
1406	1406	(2) annually or more frequently publish statistical
1407	1407	information derived from the accident reports as to the number,
1408	1408	cause, and location of highway accidents, including information
1409	1409	regarding the number of accidents involving injury to, death of, or
1410	1410	property damage to a bicyclist or pedestrian; and
1411	1411	(3) not later than December 15 of each even-numbered
1412	1412	year provide to the governor and the legislature:
1413	1413	(A) an abstract of the statistical information
1414	1414	for the biennium ending on the preceding August 31; and
1415	1415	(B) a report with the department's conclusions,
1416	1416	findings, and recommendations for decreasing highway accidents and
1417	1417	increasing highway safety.
1418	1418	SECTION 3L.02. Section 550.063, Transportation Code, is
1419	1419	amended to read as follows:
1420	1420	Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
1421	1421	written accident reports must be approved by the department [and
1422	1422	the Department of Public Safety]. A person who is required to file
1423	1423	a written accident report shall report on the appropriate form and
1424	1424	shall disclose all information required by the form unless the
1425	1425	information is not available.
1426	1426	SECTION 3L.03. Section 550.0601, Transportation Code, is
1427	1427	repealed.
1428	1428	PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
1429	1429	SECTION 3M.01. Section 601.002(1), Transportation Code, is
1430	1430	amended to read as follows:
1431	1431	(1) "Department" means the Texas Department of Motor
1432	1432	Vehicles [Public Safety].
1433	1433	SECTION 3M.02. Section 601.233(a), Transportation Code, is
1434	1434	amended to read as follows:
1435	1435	(a) A citation for an offense under Section 601.191 issued
1436	1436	as a result of Section 601.053 must include, in type larger than
1437	1437	other type on the citation, except for the type of the statement
1438	1438	required by Section 708.105, the following statement:
1439	1439	"A second or subsequent conviction of an offense
1440	1440	under the Texas Motor Vehicle Safety Responsibility
1441	1441	Act will result in the suspension of your driver's
1442	1442	license and motor vehicle registration unless you file
1443	1443	and maintain evidence of financial responsibility with
1444	1444	the Texas Department of Motor Vehicles [Public Safety]
1445	1445	for two years from the date of conviction. The
1446	1446	department may waive the requirement to file evidence
1447	1447	of financial responsibility if you file satisfactory
1448	1448	evidence with the department showing that at the time
1449	1449	this citation was issued, the vehicle was covered by a
1450	1450	motor vehicle liability insurance policy or that you
1451	1451	were otherwise exempt from the requirements to provide
1452	1452	evidence of financial responsibility."
1453	1453	SECTION 3M.03. Section 601.373(b), Transportation Code, is
1454	1454	amended to read as follows:
1455	1455	(b) The department may direct a department employee to
1456	1456	obtain and send to the department the driver's license and vehicle
1457	1457	registration of a person who fails to send the person's license or
1458	1458	registration in accordance with Section 601.372. The commissioner
1459	1459	[director] of motor vehicles [the department] or the person
1460	1460	designated by the commissioner [director] may file a complaint
1461	1461	against a person for an offense under Subsection (a).
1462	1462	PART N. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
1463	1463	SECTION 3N.01. Section 621.201(a), Transportation Code, is
1464	1464	amended to read as follows:
1465	1465	(a) The total width of a vehicle operated on a public
1466	1466	highway other than a vehicle to which Subsection (b) applies,
1467	1467	including a load on the vehicle but excluding any safety device
1468	1468	determined by the United States Department of Transportation or the
1469	1469	Texas Department of Motor Vehicles [Public Safety] to be necessary
1470	1470	for the safe and efficient operation of motor vehicles of that type,
1471	1471	may not be greater than 102 inches.
1472	1472	SECTION 3N.02. Section 621.204(c), Transportation Code, is
1473	1473	amended to read as follows:
1474	1474	(c) The limitations prescribed by this section do not
1475	1475	include any safety device determined by regulation of the United
1476	1476	States Department of Transportation or by rule of the Texas
1477	1477	Department of Motor Vehicles [Public Safety] to be necessary for
1478	1478	the safe and efficient operation of motor vehicles.
1479	1479	PART O. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
1480	1480	SECTION 3O.01. Section 648.002, Transportation Code, is
1481	1481	amended to read as follows:
1482	1482	Sec. 648.002. RULES. In addition to rules required by this
1483	1483	chapter, the Texas Department of Transportation, the Texas
1484	1484	Department of Motor Vehicles [Public Safety], and the Texas
1485	1485	Department of Insurance may adopt other rules to carry out this
1486	1486	chapter.
1487	1487	PART P. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND
1488	1488	PASSENGERS
1489	1489	SECTION 3P.01. Section 661.001(2), Transportation Code, is
1490	1490	amended to read as follows:
1491	1491	(2) "Department" means the Texas Department of Motor
1492	1492	Vehicles [Public Safety].
1493	1493	PART Q. MOTORCYCLE OPERATOR TRAINING AND SAFETY
1494	1494	SECTION 3Q.01. Section 662.011(a), Transportation Code, is
1495	1495	amended to read as follows:
1496	1496	(a) Of each fee collected under Sections 521.421(b) and (f),
1497	1497	Sections 522.029(f) and (g), and Section 661.003(d), the Texas
1498	1498	Department of Motor Vehicles [Public Safety] shall send $5 to the
1499	1499	comptroller for deposit to the credit of the motorcycle education
1500	1500	fund account.
1501	1501	PART R. ALL-TERRAIN VEHICLES
1502	1502	SECTION 3R.01. Section 663.037(e), Transportation Code, is
1503	1503	amended to read as follows:
1504	1504	(e) The commissioner of motor vehicles [director of the
1505	1505	Department of Public Safety] shall adopt standards and
1506	1506	specifications that apply to the color, size, and mounting position
1507	1507	of the flag required under Subsections (d)(2) and (g)(2).
1508	1508	PART S. MISCELLANEOUS PROVISIONS
1509	1509	SECTION 3S.01. Section 680.001(1), Transportation Code, is
1510	1510	amended to read as follows:
1511	1511	(1) "Department" means the Texas Department of Motor
1512	1512	Vehicles [Public Safety].
1513	1513	PART T. ABANDONED MOTOR VEHICLES
1514	1514	SECTION 3T.01. Section 683.051, Transportation Code, is
1515	1515	amended to read as follows:
1516	1516	Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
1517	1517	CERTAIN MOTOR VEHICLES. A person may apply to the department for
1518	1518	authority:
1519	1519	(1) to sell, give away, or dispose of a motor vehicle
1520	1520	to a motor vehicle demolisher if:
1521	1521	(A) the person owns the motor vehicle and the
1522	1522	certificate of title to the vehicle is lost, destroyed, or faulty;
1523	1523	or
1524	1524	(B) the vehicle is an abandoned motor vehicle and
1525	1525	is:
1526	1526	(i) in the possession of the person; or
1527	1527	(ii) located on property owned by the
1528	1528	person; or
1529	1529	(2) to dispose of a motor vehicle to a motor vehicle
1530	1530	demolisher for demolition, wrecking, or dismantling if:
1531	1531	(A) the abandoned motor vehicle:
1532	1532	(i) is in the possession of the person;
1533	1533	(ii) is more than eight years old;
1534	1534	(iii) either has no motor or is otherwise
1535	1535	totally inoperable or does not comply with all applicable air
1536	1536	pollution emissions control related requirements included in: (aa)
1537	1537	the vehicle inspection requirements under Chapter 548, as evidenced
1538	1538	by a current inspection certificate affixed to the vehicle
1539	1539	windshield; or (bb) the vehicle emissions inspection and
1540	1540	maintenance requirements contained in the commissioner of motor
1541	1541	vehicle's [Public Safety Commission's] motor vehicle emissions
1542	1542	inspection and maintenance program under Subchapter F, Chapter 548,
1543	1543	or the state's air quality state implementation plan; and
1544	1544	(iv) was authorized to be towed by a law
1545	1545	enforcement agency; and
1546	1546	(B) the law enforcement agency approves the
1547	1547	application.
1548	1548	PART U. NONRESIDENT VIOLATOR COMPACT OF 1977
1549	1549	SECTION 3U.01. Section 703.001(2), Transportation Code, is
1550	1550	amended to read as follows:
1551	1551	(2) "Department" and "licensing authority" mean the
1552	1552	Texas Department of Motor Vehicles [Public Safety].
1553	1553	PART V. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR
1554	1554	SECTION 3V.01. Section 706.001(2), Transportation Code, is
1555	1555	amended to read as follows:
1556	1556	(2) "Department" means the Texas Department of Motor
1557	1557	Vehicles [Public Safety].
1558	1558	PART W. IMPLIED CONSENT
1559	1559	SECTION 3W.01. Section 724.001(7), Transportation Code, is
1560	1560	amended to read as follows:
1561	1561	(7) "Department" means the Texas Department of Motor
1562	1562	Vehicles [Public Safety].
1563	1563	SECTION 3W.02. Sections 724.032(a) and (b), Transportation
1564	1564	Code, are amended to read as follows:
1565	1565	(a) If a person refuses to submit to the taking of a
1566	1566	specimen, whether expressly or because of an intentional failure of
1567	1567	the person to give the specimen, the peace officer shall:
1568	1568	(1) serve notice of license suspension or denial on
1569	1569	the person;
1570	1570	(2) take possession of any license issued by this
1571	1571	state and held by the person arrested;
1572	1572	(3) issue a temporary driving permit to the person
1573	1573	unless department records show or the officer otherwise determines
1574	1574	that the person does not hold a license to operate a motor vehicle
1575	1575	in this state; and
1576	1576	(4) make a written report of the refusal to the
1577	1577	commissioner [director] of motor vehicles [the department].
1578	1578	(b) The commissioner [director] must approve the form of the
1579	1579	refusal report. The report must:
1580	1580	(1) show the grounds for the officer's belief that the
1581	1581	person had been operating a motor vehicle or watercraft powered
1582	1582	with an engine having a manufacturer's rating of 50 horsepower or
1583	1583	above while intoxicated; and
1584	1584	(2) contain a copy of:
1585	1585	(A) the refusal statement requested under
1586	1586	Section 724.031; or
1587	1587	(B) a statement signed by the officer that the
1588	1588	person refused to:
1589	1589	(i) submit to the taking of the requested
1590	1590	specimen; and
1591	1591	(ii) sign the requested statement under
1592	1592	Section 724.031.
1593	1593	ARTICLE 4. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
1594	1594	TRANSPORTATION IN OTHER CODES
1595	1595	PART A. BUSINESS & COMMERCE CODE
1596	1596	SECTION 4A.01. Section 51.003(b), Business & Commerce Code,
1597	1597	as effective April 1, 2009, is amended to read as follows:
1598	1598	(b) In this chapter, "business opportunity" does not
1599	1599	include:
1600	1600	(1) the sale or lease of an established and ongoing
1601	1601	business or enterprise that has actively conducted business before
1602	1602	the sale or lease, whether composed of one or more than one
1603	1603	component business or enterprise, if the sale or lease represents
1604	1604	an isolated transaction or series of transactions involving a bona
1605	1605	fide change of ownership or control of the business or enterprise or
1606	1606	liquidation of the business or enterprise;
1607	1607	(2) a sale by a retailer of goods or services under a
1608	1608	contract or other agreement to sell the inventory of one or more
1609	1609	ongoing leased departments to a purchaser who is granted the right
1610	1610	to sell the goods or services within or adjoining a retail business
1611	1611	establishment as a department or division of the retail business
1612	1612	establishment;
1613	1613	(3) a transaction that is:
1614	1614	(A) regulated by the Texas Department of
1615	1615	Licensing and Regulation, the Texas Department of Insurance, the
1616	1616	Texas Real Estate Commission, or the commissioner of motor vehicles
1617	1617	[director of the Motor Vehicle Division of the Texas Department of
1618	1618	Transportation]; and
1619	1619	(B) engaged in by a person licensed by one of
1620	1620	those agencies;
1621	1621	(4) a real estate syndication;
1622	1622	(5) a sale or lease to a business enterprise that also
1623	1623	sells or leases products, equipment, or supplies or performs
1624	1624	services:
1625	1625	(A) that are not supplied by the seller; and
1626	1626	(B) that the purchaser does not use with the
1627	1627	seller's products, equipment, supplies, or services;
1628	1628	(6) the offer or sale of a franchise as described by
1629	1629	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
1630	1630	seq.) and its subsequent amendments;
1631	1631	(7) the offer or sale of a business opportunity if the
1632	1632	seller:
1633	1633	(A) has a net worth of $25 million or more
1634	1634	according to the seller's audited balance sheet as of a date not
1635	1635	earlier than the 13th month before the date of the transaction; or
1636	1636	(B) is at least 80 percent owned by another
1637	1637	person who:
1638	1638	(i) in writing unconditionally guarantees
1639	1639	performance by the person offering the business opportunity plan;
1640	1640	and
1641	1641	(ii) has a net worth of more than $25
1642	1642	million according to the person's most recent audited balance sheet
1643	1643	as of a date not earlier than the 13th month before the date of the
1644	1644	transaction; or
1645	1645	(8) an arrangement defined as a franchise by 16 C.F.R.
1646	1646	Section 436.2(a) and its subsequent amendments if:
1647	1647	(A) the franchisor complies in all material
1648	1648	respects in this state with 16 C.F.R. Part 436 and each order or
1649	1649	other action of the Federal Trade Commission; and
1650	1650	(B) before offering for sale or selling a
1651	1651	franchise in this state, a person files with the secretary of state
1652	1652	a notice containing:
1653	1653	(i) the name of the franchisor;
1654	1654	(ii) the name under which the franchisor
1655	1655	intends to transact business; and
1656	1656	(iii) the franchisor's principal business
1657	1657	address.
1658	1658	SECTION 4A.02. Section 105.004(b), Business & Commerce
1659	1659	Code, as effective April 1, 2009, is amended to read as follows:
1660	1660	(b) The Texas Department of Motor Vehicles [Transportation]
1661	1661	shall provide a notice that states the provisions of this chapter to
1662	1662	each person with a disability who is issued:
1663	1663	(1) license plates under Section 504.201,
1664	1664	Transportation Code; or
1665	1665	(2) a disabled parking placard under Section 681.004,
1666	1666	Transportation Code.
1667	1667	PART B. CODE OF CRIMINAL PROCEDURE
1668	1668	SECTION 4B.01. Section 1(1), Article 42.22, Code of
1669	1669	Criminal Procedure, is amended to read as follows:
1670	1670	(1) "Department" means the Texas Department of Motor
1671	1671	Vehicles [Transportation].
1672	1672	SECTION 4B.02. Article 59.04(c), Code of Criminal
1673	1673	Procedure, is amended to read as follows:
1674	1674	(c) If the property is a motor vehicle, and if there is
1675	1675	reasonable cause to believe that the vehicle has been registered
1676	1676	under the laws of this state, the attorney representing the state
1677	1677	shall ask the Texas Department of Motor Vehicles [Transportation]
1678	1678	to identify from its records the record owner of the vehicle and any
1679	1679	interest holder. If the addresses of the owner and interest holder
1680	1680	are not otherwise known, the attorney representing the state shall
1681	1681	request citation be served on such persons at the address listed
1682	1682	with the Texas Department of Motor Vehicles [Transportation]. If
1683	1683	the citation issued to such address is returned unserved, the
1684	1684	attorney representing the state shall cause a copy of the notice of
1685	1685	the seizure and intended forfeiture to be posted at the courthouse
1686	1686	door, to remain there for a period of not less than 30 days. If the
1687	1687	owner or interest holder does not answer or appear after the notice
1688	1688	has been so posted, the court shall enter a judgment by default as
1689	1689	to the owner or interest holder, provided that the attorney
1690	1690	representing the state files a written motion supported by
1691	1691	affidavit setting forth the attempted service. An owner or
1692	1692	interest holder whose interest is forfeited in this manner shall
1693	1693	not be liable for court costs. If the person in possession of the
1694	1694	vehicle at the time of the seizure is not the owner or the interest
1695	1695	holder of the vehicle, notification shall be provided to the
1696	1696	possessor in the same manner specified for notification to an owner
1697	1697	or interest holder.
1698	1698	PART C. FAMILY CODE
1699	1699	SECTION 4C.01. Section 157.316(b), Family Code, is amended
1700	1700	to read as follows:
1701	1701	(b) If a lien established under this subchapter attaches to
1702	1702	a motor vehicle, the lien must be perfected in the manner provided
1703	1703	by Chapter 501, Transportation Code, and the court or Title IV-D
1704	1704	agency that rendered the order of child support shall include in the
1705	1705	order a requirement that the obligor surrender to the court or Title
1706	1706	IV-D agency evidence of the legal ownership of the motor vehicle
1707	1707	against which the lien may attach. A lien against a motor vehicle
1708	1708	under this subchapter is not perfected until the obligor's title to
1709	1709	the vehicle has been surrendered to the court or Title IV-D agency
1710	1710	and the Texas Department of Motor Vehicles [Transportation] has
1711	1711	issued a subsequent title that discloses on its face the fact that
1712	1712	the vehicle is subject to a child support lien under this
1713	1713	subchapter.
1714	1714	SECTION 4C.02. Section 232.0022(a), Family Code, is amended
1715	1715	to read as follows:
1716	1716	(a) The Texas Department of Motor Vehicles [Transportation]
1717	1717	is the appropriate licensing authority for suspension or nonrenewal
1718	1718	of a motor vehicle registration under this chapter.
1719	1719	SECTION 4C.03. Section 232.014(b), Family Code, is amended
1720	1720	to read as follows:
1721	1721	(b) A fee collected by the Texas Department of Motor
1722	1722	Vehicles [Transportation] or the Department of Public Safety shall
1723	1723	be deposited to the credit of the state highway fund.
1724	1724	SECTION 4C.04. Section 264.502(b), Family Code, is amended
1725	1725	to read as follows:
1726	1726	(b) The members of the committee who serve under Subsections
1727	1727	(a)(1) through (3) shall select the following additional committee
1728	1728	members:
1729	1729	(1) a criminal prosecutor involved in prosecuting
1730	1730	crimes against children;
1731	1731	(2) a sheriff;
1732	1732	(3) a justice of the peace;
1733	1733	(4) a medical examiner;
1734	1734	(5) a police chief;
1735	1735	(6) a pediatrician experienced in diagnosing and
1736	1736	treating child abuse and neglect;
1737	1737	(7) a child educator;
1738	1738	(8) a child mental health provider;
1739	1739	(9) a public health professional;
1740	1740	(10) a child protective services specialist;
1741	1741	(11) a sudden infant death syndrome family service
1742	1742	provider;
1743	1743	(12) a neonatologist;
1744	1744	(13) a child advocate;
1745	1745	(14) a chief juvenile probation officer;
1746	1746	(15) a child abuse prevention specialist;
1747	1747	(16) a representative of the Department of Public
1748	1748	Safety; and
1749	1749	(17) a representative of the Texas Department of Motor
1750	1750	Vehicles [Transportation].
1751	1751	PART D. FINANCE CODE
1752	1752	SECTION 4D.01. Section 306.001(9), Finance Code, is amended
1753	1753	to read as follows:
1754	1754	(9) "Qualified commercial loan":
1755	1755	(A) means:
1756	1756	(i) a commercial loan in which one or more
1757	1757	persons as part of the same transaction lends, advances, borrows,
1758	1758	or receives, or is obligated to lend or advance or entitled to
1759	1759	borrow or receive, money or credit with an aggregate value of:
1760	1760	(a) $3 million or more if the
1761	1761	commercial loan is secured by real property; or
1762	1762	(b) $250,000 or more if the commercial
1763	1763	loan is not secured by real property and, if the aggregate value of
1764	1764	the commercial loan is less than $500,000, the loan documents
1765	1765	contain a written certification from the borrower that:
1766	1766	(1) the borrower has been
1767	1767	advised by the lender to seek the advice of an attorney and an
1768	1768	accountant in connection with the commercial loan; and
1769	1769	(2) the borrower has had
1770	1770	the opportunity to seek the advice of an attorney and accountant of
1771	1771	the borrower's choice in connection with the commercial loan; and
1772	1772	(ii) a renewal or extension of a commercial
1773	1773	loan described by Paragraph (A), regardless of the principal amount
1774	1774	of the loan at the time of the renewal or extension; and
1775	1775	(B) does not include a commercial loan made for
1776	1776	the purpose of financing a business licensed by the [Motor Vehicle
1777	1777	Board of the] Texas Department of Motor Vehicles [Transportation]
1778	1778	under Section 2301.251(a), Occupations Code.
1779	1779	SECTION 4D.02. Section 348.001(10-a), Finance Code, is
1780	1780	amended to read as follows:
1781	1781	(10-a) "Towable recreation vehicle" means a
1782	1782	nonmotorized vehicle that:
1783	1783	(A) was originally designed and manufactured
1784	1784	primarily to provide temporary human habitation in conjunction with
1785	1785	recreational, camping, or seasonal use;
1786	1786	(B) is titled and registered with the Texas
1787	1787	Department of Motor Vehicles [Transportation] as a travel trailer
1788	1788	through a county tax assessor-collector;
1789	1789	(C) is permanently built on a single chassis;
1790	1790	(D) contains at least one life support system;
1791	1791	and
1792	1792	(E) is designed to be towable by a motor vehicle.
1793	1793	SECTION 4D.03. Section 348.518, Finance Code, is amended to
1794	1794	read as follows:
1795	1795	Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
1796	1796	enforcement of law and minimization of regulatory burdens, the
1797	1797	commissioner and the Texas Department of Motor Vehicles
1798	1798	[Transportation] may share information, including criminal history
1799	1799	information, relating to a person licensed under this chapter.
1800	1800	Information otherwise confidential remains confidential after it
1801	1801	is shared under this section.
1802	1802	PART E. GOVERNMENT CODE
1803	1803	SECTION 4E.01. Section 411.122(d), Government Code, is
1804	1804	amended to read as follows:
1805	1805	(d) The following state agencies are subject to this
1806	1806	section:
1807	1807	(1) Texas Appraiser Licensing and Certification
1808	1808	Board;
1809	1809	(2) Texas Board of Architectural Examiners;
1810	1810	(3) Texas Board of Chiropractic Examiners;
1811	1811	(4) State Board of Dental Examiners;
1812	1812	(5) Texas Board of Professional Engineers;
1813	1813	(6) Texas Funeral Service Commission;
1814	1814	(7) Texas Board of Professional Geoscientists;
1815	1815	(8) Department of State Health Services, except as
1816	1816	provided by Section 411.110, and agencies attached to the
1817	1817	department, including:
1818	1818	(A) Texas State Board of Examiners of Dietitians;
1819	1819	(B) Texas State Board of Examiners of Marriage
1820	1820	and Family Therapists;
1821	1821	(C) Midwifery Board;
1822	1822	(D) Texas State Board of Examiners of
1823	1823	Perfusionists;
1824	1824	(E) Texas State Board of Examiners of
1825	1825	Professional Counselors;
1826	1826	(F) Texas State Board of Social Worker Examiners;
1827	1827	(G) State Board of Examiners for Speech-Language
1828	1828	Pathology and Audiology;
1829	1829	(H) Advisory Board of Athletic Trainers;
1830	1830	(I) State Committee of Examiners in the Fitting
1831	1831	and Dispensing of Hearing Instruments;
1832	1832	(J) Texas Board of Licensure for Professional
1833	1833	Medical Physicists; and
1834	1834	(K) Texas Board of Orthotics and Prosthetics;
1835	1835	(9) Texas Board of Professional Land Surveying;
1836	1836	(10) Texas Department of Licensing and Regulation,
1837	1837	except as provided by Section 411.093;
1838	1838	(11) Texas Commission on Environmental Quality;
1839	1839	(12) Texas Board of Occupational Therapy Examiners;
1840	1840	(13) Texas Optometry Board;
1841	1841	(14) Texas State Board of Pharmacy;
1842	1842	(15) Texas Board of Physical Therapy Examiners;
1843	1843	(16) Texas State Board of Plumbing Examiners;
1844	1844	(17) Texas State Board of Podiatric Medical Examiners;
1845	1845	(18) Polygraph Examiners Board;
1846	1846	(19) Texas State Board of Examiners of Psychologists;
1847	1847	(20) Texas Real Estate Commission;
1848	1848	(21) Board of Tax Professional Examiners;
1849	1849	(22) Texas Department of Transportation;
1850	1850	(23) State Board of Veterinary Medical Examiners;
1851	1851	(24) Texas Department of Housing and Community
1852	1852	Affairs;
1853	1853	(25) secretary of state;
1854	1854	(26) state fire marshal;
1855	1855	(27) Texas Education Agency; [and]
1856	1856	(28) Department of Agriculture; and
1857	1857	(29) Texas Department of Motor Vehicles.
1858	1858	SECTION 4E.02. Section 531.02414(c), Government Code, is
1859	1859	amended to read as follows:
1860	1860	(c) Notwithstanding any other law, the commission may not
1861	1861	delegate the commission's duty to supervise the medical
1862	1862	transportation program to any other person, including through a
1863	1863	contract with the Texas Department of Motor Vehicles
1864	1864	[Transportation] for the department to assume any of the
1865	1865	commission's responsibilities relating to the provision of
1866	1866	services through that program.
1867	1867	SECTION 4E.03. Section 659.082(a), Government Code, is
1868	1868	amended to read as follows:
1869	1869	(a) An employee is entitled to be paid employment
1870	1870	compensation twice a month if:
1871	1871	(1) the employee is employed by:
1872	1872	(A) the Texas Department of Mental Health and
1873	1873	Mental Retardation;
1874	1874	(B) the Texas Department of Transportation;
1875	1875	(C) the Texas Department of Human Services;
1876	1876	(D) the Texas Workforce Commission;
1877	1877	(E) the Department of Public Safety; [or]
1878	1878	(F) the Texas Department of Motor Vehicles; or
1879	1879	(G) any other state agency designated by the
1880	1880	comptroller;
1881	1881	(2) the employee holds a classified position under the
1882	1882	state's position classification plan;
1883	1883	(3) the employee's position is classified below salary
1884	1884	group A12 under classification salary Schedule A in the General
1885	1885	Appropriations Act;
1886	1886	(4) the employing state agency satisfies the
1887	1887	comptroller's requirements relating to the payment of compensation
1888	1888	twice a month; and
1889	1889	(5) at least 30 percent of the eligible employees of
1890	1890	the agency choose to be paid twice a month.
1891	1891	PART F. HEALTH AND SAFETY CODE
1892	1892	SECTION 4F.01. Section 382.209(e), Health and Safety Code,
1893	1893	is amended to read as follows:
1894	1894	(e) A vehicle is not eligible to participate in a low-income
1895	1895	vehicle repair assistance, retrofit, and accelerated vehicle
1896	1896	retirement program established under this section unless:
1897	1897	(1) the vehicle is capable of being operated;
1898	1898	(2) the registration of the vehicle:
1899	1899	(A) is current; and
1900	1900	(B) reflects that the vehicle has been registered
1901	1901	in the county implementing the program for the 12 months preceding
1902	1902	the application for participation in the program;
1903	1903	(3) the commissioners court of the county
1904	1904	administering the program determines that the vehicle meets the
1905	1905	eligibility criteria adopted by the commission, the Texas
1906	1906	Department of Motor Vehicles [Transportation], and the Public
1907	1907	Safety Commission;
1908	1908	(4) if the vehicle is to be repaired, the repair is
1909	1909	done by a repair facility recognized by the Department of Public
1910	1910	Safety, which may be an independent or private entity licensed by
1911	1911	the state; and
1912	1912	(5) if the vehicle is to be retired under this
1913	1913	subsection and Section 382.213, the replacement vehicle is a
1914	1914	qualifying motor vehicle.
1915	1915	SECTION 4F.02. Section 382.210(f), Health and Safety Code,
1916	1916	is amended to read as follows:
1917	1917	(f) In this section, "total cost" means the total amount of
1918	1918	money paid or to be paid for the purchase of a motor vehicle as set
1919	1919	forth as "sales price" in the form entitled "Application for Texas
1920	1920	Certificate of Title" promulgated by the Texas Department of Motor
1921	1921	Vehicles [Transportation]. In a transaction that does not involve
1922	1922	the use of that form, the term means an amount of money that is
1923	1923	equivalent, or substantially equivalent, to the amount that would
1924	1924	appear as "sales price" on the Application for Texas Certificate of
1925	1925	Title if that form were involved.
1926	1926	SECTION 4F.03. Section 461.017(a), Health and Safety Code,
1927	1927	is amended to read as follows:
1928	1928	(a) The Drug Demand Reduction Advisory Committee is
1929	1929	composed of the following members:
1930	1930	(1) five representatives of the public from different
1931	1931	geographic regions of the state who have knowledge and expertise in
1932	1932	issues relating to reducing drug demand and who are appointed by the
1933	1933	executive director of the Texas Commission on Alcohol and Drug
1934	1934	Abuse; and
1935	1935	(2) one representative of each of the following
1936	1936	agencies or offices who is appointed by the executive director or
1937	1937	commissioner of the agency or office and who is directly involved in
1938	1938	the agency's or office's policies, programs, or funding activities
1939	1939	relating to reducing drug demand:
1940	1940	(A) the criminal justice division of the
1941	1941	governor's office;
1942	1942	(B) the Criminal Justice Policy Council;
1943	1943	(C) the Department of Protective and Regulatory
1944	1944	Services;
1945	1945	(D) the Department of Public Safety of the State
1946	1946	of Texas;
1947	1947	(E) the Health and Human Services Commission;
1948	1948	(F) the Texas Alcoholic Beverage Commission;
1949	1949	(G) the Texas Commission on Alcohol and Drug
1950	1950	Abuse;
1951	1951	(H) the Texas Council on Offenders with Mental
1952	1952	Impairments;
1953	1953	(I) the Texas Department of Criminal Justice;
1954	1954	(J) the Texas Department of Health;
1955	1955	(K) the Texas Department of Human Services;
1956	1956	(L) the Texas Department of Mental Health and
1957	1957	Mental Retardation;
1958	1958	(M) the Texas Education Agency;
1959	1959	(N) the Texas Juvenile Probation Commission;
1960	1960	(O) the Texas Youth Commission;
1961	1961	(P) the Texas Rehabilitation Commission;
1962	1962	(Q) the Texas Workforce Commission;
1963	1963	(R) the Texas Department of Motor Vehicles
1964	1964	[Transportation];
1965	1965	(S) the comptroller of public accounts; and
1966	1966	(T) the adjutant general's department.
1967	1967	PART G. HUMAN RESOURCES CODE
1968	1968	SECTION 4G.01. Section 22.041, Human Resources Code, is
1969	1969	amended to read as follows:
1970	1970	Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
1971	1971	other provision of this code, the department may use information
1972	1972	obtained from a third party to verify the assets and resources of a
1973	1973	person for purposes of determining the person's eligibility and
1974	1974	need for medical assistance, financial assistance, or nutritional
1975	1975	assistance. Third-party information includes information obtained
1976	1976	from:
1977	1977	(1) a consumer reporting agency, as defined by Section
1978	1978	20.01, Business & Commerce Code;
1979	1979	(2) an appraisal district; or
1980	1980	(3) the Texas Department of Motor Vehicles
1981	1981	[Transportation's] vehicle registration record database.
1982	1982	SECTION 4G.02. Section 32.026(g), Human Resources Code, is
1983	1983	amended to read as follows:
1984	1984	(g) Notwithstanding any other provision of this code, the
1985	1985	department may use information obtained from a third party to
1986	1986	verify the assets and resources of a person for purposes of
1987	1987	determining the person's eligibility and need for medical
1988	1988	assistance. Third-party information includes information obtained
1989	1989	from:
1990	1990	(1) a consumer reporting agency, as defined by Section
1991	1991	20.01, Business & Commerce Code;
1992	1992	(2) an appraisal district; or
1993	1993	(3) the Texas Department of Motor Vehicles
1994	1994	[Transportation's] vehicle registration record database.
1995	1995	PART H. LOCAL GOVERNMENT CODE
1996	1996	SECTION 4H.01. Section 130.006, Local Government Code, is
1997	1997	amended to read as follows:
1998	1998	Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
1999	1999	CHECKS AND INVOICES. A county tax assessor-collector may establish
2000	2000	procedures for the collection of dishonored checks and credit card
2001	2001	invoices. The procedures may include:
2002	2002	(1) official notification to the maker that the check
2003	2003	or invoice has not been honored and that the receipt, registration,
2004	2004	certificate, or other instrument issued on the receipt of the check
2005	2005	or invoice is not valid until payment of the fee or tax is made;
2006	2006	(2) notification of the sheriff or other law
2007	2007	enforcement officers that a check or credit card invoice has not
2008	2008	been honored and that the receipt, registration, certificate, or
2009	2009	other instrument held by the maker is not valid; and
2010	2010	(3) notification to the Texas Department of Motor
2011	2011	Vehicles [Transportation], the comptroller of public accounts, or
2012	2012	the Department of Public Safety that the receipt, registration,
2013	2013	certificate, or other instrument held by the maker is not valid.
2014	2014	SECTION 4H.02. Section 130.007, Local Government Code, is
2015	2015	amended to read as follows:
2016	2016	Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
2017	2017	ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
2018	2018	remitted to the comptroller or the Texas Department of Motor
2019	2019	Vehicles [Transportation] and if payment was made to the county tax
2020	2020	assessor-collector by a check that was not honored by the drawee
2021	2021	bank or by a credit card invoice that was not honored by the credit
2022	2022	card issuer, the amount of the fee or tax is not required to be
2023	2023	remitted, but the assessor-collector shall notify the appropriate
2024	2024	department of:
2025	2025	(1) the amount of the fee or tax;
2026	2026	(2) the type of fee or tax involved; and
2027	2027	(3) the name and address of the maker.
2028	2028	(b) The Texas Department of Motor Vehicles [Transportation]
2029	2029	and the comptroller shall assist the county tax assessor-collector
2030	2030	in collecting the fee or tax and may cancel or revoke any receipt,
2031	2031	registration, certificate, or other instrument issued in the name
2032	2032	of the state conditioned on the payment of the fee or tax.
2033	2033	SECTION 4H.03. Section 130.008, Local Government Code, is
2034	2034	amended to read as follows:
2035	2035	Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
2036	2036	SUBCHAPTER. If the comptroller or the Texas Department of Motor
2037	2037	Vehicles [Transportation] determines that the county tax
2038	2038	assessor-collector has accepted payment for fees and taxes to be
2039	2039	remitted to that department in violation of Section 130.004 or that
2040	2040	more than two percent of the fees and taxes to be received from the
2041	2041	assessor-collector are not remitted because of the acceptance of
2042	2042	checks that are not honored by the drawee bank or of credit card
2043	2043	invoices that are not honored by the credit card issuer, the
2044	2044	department may notify the assessor-collector that the
2045	2045	assessor-collector may not accept a check or credit card invoice
2046	2046	for the payment of any fee or tax to be remitted to that department.
2047	2047	A county tax assessor-collector who accepts a check or credit card
2048	2048	invoice for the payment of a fee or tax, after notice that the
2049	2049	assessor-collector may not receive a check or credit card invoice
2050	2050	for the payment of fees or taxes to be remitted to a department, is
2051	2051	liable to the state for the amount of the check or credit card
2052	2052	invoice accepted.
2053	2053	SECTION 4H.04. Section 130.009, Local Government Code, is
2054	2054	amended to read as follows:
2055	2055	Sec. 130.009. STATE RULES. The comptroller and the Texas
2056	2056	Department of Motor Vehicles [Transportation] may make rules
2057	2057	concerning the acceptance of checks or credit card invoices by a
2058	2058	county tax assessor-collector and for the collection of dishonored
2059	2059	checks or credit card invoices.
2060	2060	PART I. OCCUPATIONS CODE
2061	2061	SECTION 4I.01. Section 554.009(c), Occupations Code, is
2062	2062	amended to read as follows:
2063	2063	(c) The board may register a vehicle with the Texas
2064	2064	Department of Motor Vehicles [Transportation] in an alias name only
2065	2065	for investigative personnel.
2066	2066	SECTION 4I.02. Sections 2301.002(7), (9), (16), (17),
2067	2067	(17-a), (18), (25), (26), and (31), Occupations Code, are amended
2068	2068	to read as follows:
2069	2069	(7) "Dealer" means a person who holds a general
2070	2070	distinguishing number issued by the commissioner [board] under
2071	2071	Chapter 503, Transportation Code.
2072	2072	(9) "Department" means the Texas Department of Motor
2073	2073	Vehicles [Transportation].
2074	2074	(16) "Franchised dealer" means a person who:
2075	2075	(A) holds a franchised motor vehicle dealer's
2076	2076	license issued by the commissioner [board] under Chapter 503,
2077	2077	Transportation Code; and
2078	2078	(B) is engaged in the business of buying,
2079	2079	selling, or exchanging new motor vehicles and servicing or
2080	2080	repairing motor vehicles under a manufacturer's warranty at an
2081	2081	established and permanent place of business under a franchise in
2082	2082	effect with a manufacturer or distributor.
2083	2083	(17) "General distinguishing number" means a dealer
2084	2084	license issued by the commissioner [board] under Chapter 503,
2085	2085	Transportation Code.
2086	2086	(17-a) "Independent mobility motor vehicle dealer"
2087	2087	means a nonfranchised dealer who:
2088	2088	(A) holds a general distinguishing number issued
2089	2089	by the commissioner [board] under Chapter 503, Transportation Code;
2090	2090	(B) holds a converter's license issued under this
2091	2091	chapter;
2092	2092	(C) is engaged in the business of buying,
2093	2093	selling, or exchanging mobility motor vehicles and servicing or
2094	2094	repairing the devices installed on mobility motor vehicles at an
2095	2095	established and permanent place of business in this state; and
2096	2096	(D) is certified by the manufacturer of each
2097	2097	mobility device that the dealer installs, if the manufacturer
2098	2098	offers that certification.
2099	2099	(18) "License holder" means a person who holds a
2100	2100	license or general distinguishing number issued by the commissioner
2101	2101	[board] under this chapter or Chapter 503, Transportation Code.
2102	2102	(25) "Nonfranchised dealer" means a person who holds
2103	2103	an independent motor vehicle dealer's general distinguishing
2104	2104	number, an independent mobility motor vehicle dealer's general
2105	2105	distinguishing number, or a wholesale motor vehicle dealer's
2106	2106	general distinguishing number issued by the commissioner [board]
2107	2107	under Chapter 503, Transportation Code.
2108	2108	(26) "Party" means a person or agency named or
2109	2109	admitted as a party and whose legal rights, duties, or privileges
2110	2110	are to be determined by the commissioner [board] after an
2111	2111	opportunity for adjudicative hearing.
2112	2112	(31) "Rule":
2113	2113	(A) means a statement by the commissioner [board]
2114	2114	of general applicability that:
2115	2115	(i) implements, interprets, or prescribes
2116	2116	law or policy; or
2117	2117	(ii) describes the procedure or practice
2118	2118	requirements of the commissioner [board];
2119	2119	(B) includes the amendment or repeal of a prior
2120	2120	rule; and
2121	2121	(C) does not include a statement regarding only
2122	2122	the internal management or organization of the commissioner [board]
2123	2123	and not affecting the rights of a person not connected with the
2124	2124	commissioner [board].
2125	2125	SECTION 4I.03. The heading to Subchapter C, Chapter 2301,
2126	2126	Occupations Code, is amended to read as follows:
2127	2127	SUBCHAPTER C. COMMISSIONER [DIRECTOR] AND OTHER DIVISION PERSONNEL
2128	2128	SECTION 4I.04. Section 2301.101, Occupations Code, is
2129	2129	amended to read as follows:
2130	2130	Sec. 2301.101. COMMISSIONER [DIRECTOR]. [(a)] The
2131	2131	commissioner [director is the division's chief executive and
2132	2132	administrative officer and] shall administer and enforce this
2133	2133	chapter.
2134	2134	[(b) The director must be licensed to practice law in this
2135	2135	state.
2136	2136	[(c) The director serves at the will of the executive
2137	2137	director.]
2138	2138	SECTION 4I.05. Section 2301.105, Occupations Code, is
2139	2139	amended to read as follows:
2140	2140	Sec. 2301.105. CAREER LADDER PROGRAM; PERFORMANCE
2141	2141	EVALUATIONS. (a) The commissioner [director] or the
2142	2142	commissioner's [director's] designee shall develop an intra-agency
2143	2143	career ladder program that addresses opportunities for mobility and
2144	2144	advancement of employees in the division. The program must require
2145	2145	intra-agency postings of all positions concurrently with any public
2146	2146	posting.
2147	2147	(b) The commissioner [director] or the commissioner's
2148	2148	[director's] designee shall develop a system of annual performance
2149	2149	evaluations based on documented employee performance. All merit
2150	2150	pay for employees of the division must be based on the system
2151	2151	established under this subsection.
2152	2152	SECTION 4I.06. Section 2301.106(a), Occupations Code, is
2153	2153	amended to read as follows:
2154	2154	(a) The commissioner [director] or the commissioner's
2155	2155	[director's] designee shall prepare and maintain a written policy
2156	2156	statement to ensure implementation of an equal employment
2157	2157	opportunity program under which all personnel transactions are made
2158	2158	without regard to race, color, disability, sex, religion, age, or
2159	2159	national origin. The policy statement must include:
2160	2160	(1) personnel policies, including policies relating
2161	2161	to recruitment, evaluation, selection, appointment, training, and
2162	2162	promotion of personnel that comply with Chapter 21, Labor Code;
2163	2163	(2) a comprehensive analysis of the division workforce
2164	2164	that meets federal and state laws, rules, and regulations and
2165	2165	instructions adopted directly under those laws, rules, or
2166	2166	regulations;
2167	2167	(3) procedures by which a determination can be made of
2168	2168	significant underuse in the division workforce of all persons for
2169	2169	whom federal or state laws, rules, and regulations and instructions
2170	2170	adopted directly under those laws, rules, or regulations encourage
2171	2171	a more equitable balance; and
2172	2172	(4) reasonable methods to appropriately address those
2173	2173	areas of significant underuse.
2174	2174	SECTION 4I.07. The heading to Subchapter D, Chapter 2301,
2175	2175	Occupations Code, is amended to read as follows:
2176	2176	SUBCHAPTER D. COMMISSIONER [BOARD] POWERS AND DUTIES
2177	2177	SECTION 4I.08. Section 2301.151, Occupations Code, is
2178	2178	amended to read as follows:
2179	2179	Sec. 2301.151. GENERAL JURISDICTION OF COMMISSIONER
2180	2180	[BOARD]. (a) The commissioner [board] has the exclusive original
2181	2181	jurisdiction to regulate those aspects of the distribution, sale,
2182	2182	or lease of motor vehicles that are governed by this chapter,
2183	2183	including the original jurisdiction to determine its own
2184	2184	jurisdiction.
2185	2185	(b) The commissioner [board] may take any action that is
2186	2186	specifically designated or implied under this chapter or that is
2187	2187	necessary or convenient to the exercise of the power and
2188	2188	jurisdiction granted under Subsection (a).
2189	2189	SECTION 4I.09. Section 2301.152, Occupations Code, is
2190	2190	amended to read as follows:
2191	2191	Sec. 2301.152. GENERAL DUTIES OF COMMISSIONER [BOARD]. (a)
2192	2192	In accordance with this chapter, the commissioner [board] shall:
2193	2193	(1) administer this chapter;
2194	2194	(2) establish the qualifications of license holders;
2195	2195	(3) ensure that the distribution, sale, and lease of
2196	2196	motor vehicles is conducted as required by this chapter and
2197	2197	commissioner [board] rules;
2198	2198	(4) provide for compliance with warranties; and
2199	2199	(5) prevent fraud, unfair practices, discrimination,
2200	2200	impositions, and other abuses in connection with the distribution
2201	2201	and sale of motor vehicles.
2202	2202	(b) In addition to the duties delegated to the commissioner
2203	2203	[board] under this chapter, the commissioner [board] shall enforce
2204	2204	and administer Chapter 503, Transportation Code.
2205	2205	SECTION 4I.10. Section 2301.153, Occupations Code, is
2206	2206	amended to read as follows:
2207	2207	Sec. 2301.153. GENERAL POWERS OF COMMISSIONER [BOARD]. (a)
2208	2208	Notwithstanding any other provision of law, the commissioner
2209	2209	[board] has all powers necessary, incidental, or convenient to
2210	2210	perform a power or duty expressly granted under this chapter,
2211	2211	including the power to:
2212	2212	(1) initiate and conduct proceedings, investigations,
2213	2213	or hearings;
2214	2214	(2) administer oaths;
2215	2215	(3) receive evidence and pleadings;
2216	2216	(4) issue subpoenas to compel the attendance of any
2217	2217	person;
2218	2218	(5) order the production of any tangible property,
2219	2219	including papers, records, or other documents;
2220	2220	(6) make findings of fact on all factual issues
2221	2221	arising out of a proceeding initiated under this chapter;
2222	2222	(7) specify and govern appearance, practice, and
2223	2223	procedures before the commissioner [board];
2224	2224	(8) adopt rules and issue conclusions of law and
2225	2225	decisions, including declaratory decisions or orders;
2226	2226	(9) enter into contracts;
2227	2227	(10) execute instruments;
2228	2228	(11) retain counsel;
2229	2229	(12) use the services of the attorney general and
2230	2230	institute and direct the conduct of legal proceedings in any forum;
2231	2231	(13) obtain other professional services as necessary
2232	2232	and convenient;
2233	2233	(14) impose a sanction for contempt;
2234	2234	(15) assess and collect fees and costs, including
2235	2235	attorney's fees;
2236	2236	(16) issue, suspend, or revoke licenses;
2237	2237	(17) prohibit and regulate acts and practices in
2238	2238	connection with the distribution and sale of motor vehicles or
2239	2239	warranty performance obligations;
2240	2240	(18) issue cease and desist orders in the nature of
2241	2241	temporary or permanent injunctions;
2242	2242	(19) impose a civil penalty;
2243	2243	(20) enter an order requiring a person to:
2244	2244	(A) pay costs and expenses of a party in
2245	2245	connection with an order entered under Section 2301.465;
2246	2246	(B) perform an act other than the payment of
2247	2247	money; or
2248	2248	(C) refrain from performing an act; and
2249	2249	(21) enforce a commissioner [board] order.
2250	2250	(b) The commissioner [board] may inspect the books and
2251	2251	records of a license holder in connection with the performance of
2252	2252	the commissioner's [its] duties under this chapter.
2253	2253	SECTION 4I.11. Section 2301.154, Occupations Code, is
2254	2254	amended to read as follows:
2255	2255	Sec. 2301.154. DELEGATION OF POWERS. The commissioner
2256	2256	[director] may delegate any of the commissioner's [director's]
2257	2257	powers to one or more of the division's employees.
2258	2258	SECTION 4I.12. Section 2301.155, Occupations Code, is
2259	2259	amended to read as follows:
2260	2260	Sec. 2301.155. RULES. The authority to adopt rules under
2261	2261	this chapter is vested in the commissioner [board]. In accordance
2262	2262	with this chapter and the rules, decisions, and orders of the
2263	2263	commissioner [board], the commissioner [board] shall adopt rules as
2264	2264	necessary or convenient to administer this chapter and to govern
2265	2265	practice and procedure before the commissioner [board].
2266	2266	SECTION 4I.13. Section 2301.156, Occupations Code, is
2267	2267	amended to read as follows:
2268	2268	Sec. 2301.156. DEPOSIT OF REVENUE. Notwithstanding any
2269	2269	other law to the contrary, all money collected by the commissioner
2270	2270	[board] under this chapter shall be deposited in the state treasury
2271	2271	to the credit of the state highway fund.
2272	2272	SECTION 4I.14. Sections 2301.157(a) and (b), Occupations
2273	2273	Code, are amended to read as follows:
2274	2274	(a) Notwithstanding any other law, the commissioner
2275	2275	[director or a board member], hearings examiner, or division
2276	2276	employee is not personally liable for damages resulting from an
2277	2277	official act or omission unless the act or omission constitutes
2278	2278	intentional or malicious malfeasance.
2279	2279	(b) The attorney general shall defend a person described by
2280	2280	Subsection (a) in an action brought in connection with the act or
2281	2281	omission by the person regardless of whether the person serves the
2282	2282	commissioner [board] or division in any capacity at the time the
2283	2283	action is brought.
2284	2284	SECTION 4I.15. Section 2301.160, Occupations Code, is
2285	2285	amended to read as follows:
2286	2286	Sec. 2301.160. TOLLING OF TIME LIMIT DURING MEDIATION. A
2287	2287	time limit relating to a commissioner [board] proceeding that is
2288	2288	imposed by this chapter on the commissioner [board] or on a dealer
2289	2289	is tolled during the pendency of mediation required by this chapter
2290	2290	or by a franchise agreement.
2291	2291	SECTION 4I.16. Section 2301.201, Occupations Code, is
2292	2292	amended to read as follows:
2293	2293	Sec. 2301.201. PUBLIC INTEREST INFORMATION. (a) The
2294	2294	commissioner [director] or the commissioner's [director's]
2295	2295	designee shall prepare information describing the functions of the
2296	2296	commissioner [board] and the procedures by which complaints or
2297	2297	protests are filed with and resolved by the commissioner [board].
2298	2298	(b) The commissioner [board] shall make the information
2299	2299	available to the public and appropriate state agencies.
2300	2300	SECTION 4I.17. Section 2301.202, Occupations Code, is
2301	2301	amended to read as follows:
2302	2302	Sec. 2301.202. COMPLAINTS; RECORDS. (a) The commissioner
2303	2303	[board] shall provide to a person who files a complaint, and to each
2304	2304	person that is the subject of the complaint, information about the
2305	2305	commissioner's [board's] policies and procedures relating to
2306	2306	complaint investigation and resolution.
2307	2307	(b) The commissioner [board] shall keep an information file
2308	2308	about each complaint filed with the commissioner [board] that the
2309	2309	commissioner [board] has authority to resolve. The commissioner
2310	2310	[board] shall keep the following information for each complaint
2311	2311	filed by the commissioner [board] for the purpose of enforcing this
2312	2312	chapter:
2313	2313	(1) the date the complaint is filed;
2314	2314	(2) the name of the person filing the complaint;
2315	2315	(3) the subject matter of the complaint;
2316	2316	(4) each person contacted in relation to the
2317	2317	complaint;
2318	2318	(5) a summary of the results of the review or
2319	2319	investigation of the complaint; and
2320	2320	(6) if the commissioner [board] does not take action
2321	2321	on the complaint, an explanation of the reasons that action was not
2322	2322	taken.
2323	2323	(c) If a written complaint is filed with the commissioner
2324	2324	[board] that the commissioner [board] has authority to resolve, the
2325	2325	commissioner [board], at least quarterly and until final
2326	2326	disposition of the complaint, shall notify the parties to the
2327	2327	complaint of the status of the complaint unless the notice would
2328	2328	jeopardize an ongoing commissioner [board] investigation.
2329	2329	SECTION 4I.18. Section 2301.203, Occupations Code, is
2330	2330	amended to read as follows:
2331	2331	Sec. 2301.203. COMPLAINT INVESTIGATION AND DISPOSITION.
2332	2332	(a) If the commissioner [board] has reason to believe, through
2333	2333	receipt of a complaint or otherwise, that a violation of this
2334	2334	chapter or a rule, order, or decision of the commissioner [board]
2335	2335	has occurred or is likely to occur, the commissioner [board] shall
2336	2336	conduct an investigation unless the commissioner [it] determines
2337	2337	that the complaint is frivolous or for the purpose of harassment.
2338	2338	(b) If the investigation establishes that a violation of
2339	2339	this chapter or a rule, order, or decision of the commissioner
2340	2340	[board] has occurred or is likely to occur, the commissioner
2341	2341	[board] shall initiate proceedings as the commissioner [it]
2342	2342	determines appropriate to enforce this chapter or the
2343	2343	commissioner's [its] rules, orders, and decisions.
2344	2344	(c) The commissioner [board] may not file a complaint
2345	2345	alleging a violation of this chapter or a commissioner [board] rule
2346	2346	relating to advertising until the commissioner [board] has notified
2347	2347	the license holder involved of the alleged violation and given the
2348	2348	license holder an opportunity to cure the violation without further
2349	2349	proceedings or liability.
2350	2350	SECTION 4I.19. Section 2301.204(c), Occupations Code, is
2351	2351	amended to read as follows:
2352	2352	(c) The owner may also invoke the commissioner's [board's]
2353	2353	jurisdiction by sending a copy of the complaint to the commissioner
2354	2354	[board].
2355	2355	SECTION 4I.20. Section 2301.205(b), Occupations Code, is
2356	2356	amended to read as follows:
2357	2357	(b) The commissioner [board] may require the commissioner's
2358	2358	[its] approval of the contents of the notice required by Subsection
2359	2359	(a) or may prescribe the contents of the notice.
2360	2360	SECTION 4I.21. Section 2301.206, Occupations Code, is
2361	2361	amended to read as follows:
2362	2362	Sec. 2301.206. PUBLIC PARTICIPATION. (a) The commissioner
2363	2363	[board] shall develop and implement policies that provide the
2364	2364	public with a reasonable opportunity to appear before the
2365	2365	commissioner [board] and to speak on any issue under the
2366	2366	commissioner's [board's] jurisdiction.
2367	2367	(b) The commissioner [board] shall prepare and maintain a
2368	2368	written plan that describes how a person who does not speak English
2369	2369	or who has a physical, mental, or developmental disability may be
2370	2370	provided reasonable access to the commissioner's [board's]
2371	2371	programs.
2372	2372	SECTION 4I.22. Section 2301.257, Occupations Code, is
2373	2373	amended to read as follows:
2374	2374	Sec. 2301.257. APPLICATION FOR DEALER'S LICENSE. (a) An
2375	2375	application for a dealer's license must be on a form prescribed by
2376	2376	the commissioner [board]. The application must include:
2377	2377	(1) the information required by Chapter 503,
2378	2378	Transportation Code; and
2379	2379	(2) information relating to the applicant's financial
2380	2380	resources, business integrity, business ability and experience,
2381	2381	franchise if applicable, physical facilities, vehicle inventory,
2382	2382	and other factors the commissioner [board] considers necessary to
2383	2383	determine the applicant's qualifications to adequately serve the
2384	2384	public.
2385	2385	(b) If a material change occurs in the information included
2386	2386	in an application for a dealer's license, the dealer shall notify
2387	2387	the commissioner [director] of the change within a reasonable
2388	2388	time. The commissioner [director] shall prescribe a form for the
2389	2389	disclosure of the change.
2390	2390	(c) A franchised dealer must apply for a separate license
2391	2391	under this section for each separate and distinct dealership as
2392	2392	determined by the commissioner [board]. Before changing a
2393	2393	location, a dealer must obtain a new license for that location.
2394	2394	SECTION 4I.23. Section 2301.258, Occupations Code, is
2395	2395	amended to read as follows:
2396	2396	Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
2397	2397	MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
2398	2398	LICENSE. An application for a manufacturer's, distributor's,
2399	2399	converter's, or representative's license must be on a form
2400	2400	prescribed by the commissioner [board]. The application must
2401	2401	include information the commissioner [board] determines necessary
2402	2402	to fully determine the qualifications of an applicant, including
2403	2403	financial resources, business integrity and experience, facilities
2404	2404	and personnel for serving franchised dealers, and other information
2405	2405	the commissioner [board] determines pertinent to safeguard the
2406	2406	public interest and welfare.
2407	2407	SECTION 4I.24. Sections 2301.259(a) and (b), Occupations
2408	2408	Code, are amended to read as follows:
2409	2409	(a) An applicant for a manufacturer's license must provide a
2410	2410	list of each distributor or representative acting for the applicant
2411	2411	and each dealer franchised to sell the applicant's products in this
2412	2412	state and their respective locations. An applicant for or holder of
2413	2413	a manufacturer's license must inform the commissioner [board] of a
2414	2414	change to the list not later than the 15th day after the date of the
2415	2415	change. Information submitted under this subsection becomes a part
2416	2416	of the application.
2417	2417	(b) An application for a manufacturer's license must
2418	2418	include a document stating the terms and conditions of each
2419	2419	warranty agreement in effect at the time of the application on a
2420	2420	product the manufacturer sells in this state so that the
2421	2421	commissioner [board] may determine:
2422	2422	(1) the protection provided a retail purchaser of the
2423	2423	manufacturer's products;
2424	2424	(2) the obligation of a franchised dealer under the
2425	2425	agreement; and
2426	2426	(3) the basis for compensating a franchised dealer for
2427	2427	labor, parts, or other expenses under the agreement.
2428	2428	SECTION 4I.25. Section 2301.260(c), Occupations Code, is
2429	2429	amended to read as follows:
2430	2430	(c) An applicant for or holder of a distributor's license
2431	2431	must inform the commissioner [board] of a change in the information
2432	2432	provided under this section not later than the 15th day after the
2433	2433	date of the change. Information submitted under this subsection
2434	2434	becomes a part of the application.
2435	2435	SECTION 4I.26. Section 2301.261(a), Occupations Code, is
2436	2436	amended to read as follows:
2437	2437	(a) An application for a vehicle lessor's license must:
2438	2438	(1) be on a form prescribed by the commissioner
2439	2439	[board];
2440	2440	(2) contain evidence of compliance with Chapter 503,
2441	2441	Transportation Code, if applicable; and
2442	2442	(3) state other information required by the
2443	2443	commissioner [board].
2444	2444	SECTION 4I.27. Section 2301.262(a), Occupations Code, is
2445	2445	amended to read as follows:
2446	2446	(a) An application for a vehicle lease facilitator license
2447	2447	must be on a form prescribed by the commissioner [board] and contain
2448	2448	the information required by the commissioner [board].
2449	2449	SECTION 4I.28. Section 2301.263, Occupations Code, is
2450	2450	amended to read as follows:
2451	2451	Sec. 2301.263. LICENSE ISSUED SUBJECT TO NEW LAW AND RULES.
2452	2452	A license issued under this chapter is subject to each provision of
2453	2453	this chapter and commissioner [board] rule in effect on the date the
2454	2454	license is issued and each provision of this chapter and
2455	2455	commissioner [board] rule that takes effect during the term of the
2456	2456	license.
2457	2457	SECTION 4I.29. Sections 2301.264(c) and (d), Occupations
2458	2458	Code, are amended to read as follows:
2459	2459	(c) The commissioner [board] may prorate the fee for a
2460	2460	representative's license to allow the representative's license and
2461	2461	the license of the manufacturer or distributor who employs the
2462	2462	representative to expire on the same day.
2463	2463	(d) The commissioner [board] may refund from funds
2464	2464	appropriated to the commissioner [board] for that purpose a fee
2465	2465	collected under this chapter that is not due or that exceeds the
2466	2466	amount due.
2467	2467	SECTION 4I.30. Section 2301.266, Occupations Code, is
2468	2468	amended to read as follows:
2469	2469	Sec. 2301.266. DUPLICATE LICENSE. The commissioner [board]
2470	2470	may:
2471	2471	(1) issue a duplicate license for any license the
2472	2472	commissioner [board] issues;
2473	2473	(2) charge a fee for the issuance of a duplicate
2474	2474	license; and
2475	2475	(3) adopt rules applicable to the issuance of a
2476	2476	duplicate license.
2477	2477	SECTION 4I.31. Sections 2301.301(b) and (d), Occupations
2478	2478	Code, are amended to read as follows:
2479	2479	(b) The commissioner [director] may issue a license for a
2480	2480	term of less than the period prescribed under Subsection (a) to
2481	2481	coordinate the expiration dates of licenses held by a person that is
2482	2482	required to obtain more than one license to perform activities
2483	2483	under this chapter.
2484	2484	(d) A license renewal may be administratively granted
2485	2485	unless a protest is made to the commissioner [board].
2486	2486	SECTION 4I.32. Section 2301.302, Occupations Code, is
2487	2487	amended to read as follows:
2488	2488	Sec. 2301.302. NOTICE OF LICENSE EXPIRATION. The
2489	2489	commissioner [board] shall notify each person licensed under this
2490	2490	chapter of the date of license expiration and the amount of the fee
2491	2491	required for license renewal. The notice shall be mailed at least
2492	2492	30 days before the date of license expiration.
2493	2493	SECTION 4I.33. Section 2301.303, Occupations Code, is
2494	2494	amended to read as follows:
2495	2495	Sec. 2301.303. RENEWAL OF DEALER'S LICENSE. A dealer shall
2496	2496	renew the dealer's license on an application prescribed by the
2497	2497	commissioner [director]. The commissioner [director] shall
2498	2498	include in the renewal application a request for disclosure of
2499	2499	material changes described by Section 2301.257.
2500	2500	SECTION 4I.34. Section 2301.304, Occupations Code, is
2501	2501	amended to read as follows:
2502	2502	Sec. 2301.304. PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.
2503	2503	The holder of a manufacturer's, distributor's, converter's, or
2504	2504	representative's license may apply for a renewal of the license by
2505	2505	complying with the application process specified by this chapter
2506	2506	and commissioner [board] rule.
2507	2507	SECTION 4I.35. Section 2301.351, Occupations Code, is
2508	2508	amended to read as follows:
2509	2509	Sec. 2301.351. GENERAL PROHIBITION. A dealer may not:
2510	2510	(1) violate a commissioner [board] rule;
2511	2511	(2) aid or abet a person who violates this chapter; or
2512	2512	(3) use false, deceptive, or misleading advertising.
2513	2513	SECTION 4I.36. Section 2301.353, Occupations Code, is
2514	2514	amended to read as follows:
2515	2515	Sec. 2301.353. PROHIBITION: PERFORMANCE OF OBLIGATION
2516	2516	UNDER AGREEMENT WITH MANUFACTURER. A franchised dealer may not
2517	2517	fail to perform an obligation placed on:
2518	2518	(1) the selling dealer in connection with the
2519	2519	preparation and delivery of a new motor vehicle for retail sale as
2520	2520	provided in the manufacturer's preparation and delivery agreements
2521	2521	on file with the commissioner [board] that are applicable to the
2522	2522	vehicle; or
2523	2523	(2) the dealer in connection with the manufacturer's
2524	2524	warranty agreements on file with the commissioner [board].
2525	2525	SECTION 4I.37. Section 2301.354(c), Occupations Code, is
2526	2526	amended to read as follows:
2527	2527	(c) If a dispute arises under this section:
2528	2528	(1) the commissioner [board] has exclusive
2529	2529	jurisdiction to determine whether a sign complies with this
2530	2530	section; and
2531	2531	(2) the commissioner [board] shall uphold an ordinance
2532	2532	of a home-rule municipality and protect a franchised dealer from
2533	2533	retribution by a manufacturer or distributor for complying with the
2534	2534	ordinance.
2535	2535	SECTION 4I.38. Section 2301.356, Occupations Code, is
2536	2536	amended to read as follows:
2537	2537	Sec. 2301.356. NOTICE OF CERTAIN PROPOSED CHANGES. A
2538	2538	licensed dealer shall promptly notify the commissioner [board] of
2539	2539	any proposed change in its ownership, location, franchise, or any
2540	2540	other matter the commissioner [board] by rule may require.
2541	2541	SECTION 4I.39. Sections 2301.358(a), (c), and (d),
2542	2542	Occupations Code, are amended to read as follows:
2543	2543	(a) A person who holds a license issued under this chapter
2544	2544	may not participate in a new motor vehicle show or exhibition
2545	2545	unless:
2546	2546	(1) the person provides the commissioner [board] with
2547	2547	written notice at least 30 days before the date the show or
2548	2548	exhibition opens; and
2549	2549	(2) the commissioner [board] grants written approval.
2550	2550	(c) This section does not prohibit the sale of a towable
2551	2551	recreational vehicle, motor home, ambulance, fire-fighting
2552	2552	vehicle, or tow truck at a show or exhibition if:
2553	2553	(1) the show or exhibition is approved by the
2554	2554	commissioner [board]; and
2555	2555	(2) the sale is not otherwise prohibited by law.
2556	2556	(d) A rule adopted by the commissioner [board] regulating
2557	2557	the off-site display or sale of towable recreational vehicles must
2558	2558	include a provision that authorizes the display and sale of towable
2559	2559	recreational vehicles at a private event in a trade area that would
2560	2560	not otherwise qualify for the private event under the application
2561	2561	of general participation requirements for organized dealer shows
2562	2562	and exhibitions.
2563	2563	SECTION 4I.40. Section 2301.359(c), Occupations Code, is
2564	2564	amended to read as follows:
2565	2565	(c) The notice must be accompanied by:
2566	2566	(1) a copy of pertinent agreements regarding the
2567	2567	proposed assignment, sale, or transfer;
2568	2568	(2) completed application forms and related
2569	2569	information generally used by the manufacturer or distributor in
2570	2570	reviewing prospective dealers, if the forms are on file with the
2571	2571	commissioner [board]; and
2572	2572	(3) the prospective transferee's written agreement to
2573	2573	comply with the franchise to the extent that the franchise is not in
2574	2574	conflict with this chapter.
2575	2575	SECTION 4I.41. Section 2301.360, Occupations Code, is
2576	2576	amended to read as follows:
2577	2577	Sec. 2301.360. REVIEW BY COMMISSIONER [BOARD] FOLLOWING
2578	2578	DENIAL OF TRANSFER. (a) A dealer whose application is rejected
2579	2579	under Section 2301.359 may file a protest with the commissioner
2580	2580	[board]. A protest filed under this section is a contested case.
2581	2581	(b) In a protest under this section, the commissioner
2582	2582	[board] must determine whether the prospective transferee is
2583	2583	qualified. The burden is on the manufacturer or distributor to
2584	2584	prove that the prospective transferee is not qualified. The
2585	2585	commissioner [board] shall enter an order holding that the
2586	2586	prospective transferee either is qualified or is not qualified.
2587	2587	(c) If the commissioner's [board's] order is that the
2588	2588	prospective transferee is qualified, the dealer's franchise is
2589	2589	amended to reflect the change in franchisee, and the manufacturer
2590	2590	or distributor shall accept the transfer for all purposes.
2591	2591	(d) If the commissioner's [board's] order is that the
2592	2592	prospective transferee is not qualified, the commissioner [board]
2593	2593	may include in the order:
2594	2594	(1) specific reasons why the prospective transferee is
2595	2595	not qualified; and
2596	2596	(2) specific conditions under which the prospective
2597	2597	transferee would be qualified.
2598	2598	(e) If the commissioner's [board's] order that a prospective
2599	2599	transferee is not qualified includes specific conditions under
2600	2600	which the prospective transferee would be qualified, the
2601	2601	commissioner [board] may retain jurisdiction of the dispute for a
2602	2602	time certain to allow the dealer and prospective transferee to meet
2603	2603	the conditions.
2604	2604	SECTION 4I.42. Section 2301.401(a), Occupations Code, is
2605	2605	amended to read as follows:
2606	2606	(a) A manufacturer or distributor shall file with the
2607	2607	commissioner [board] a copy of the current requirements the
2608	2608	manufacturer or distributor imposes on its dealers with respect to
2609	2609	the dealer's:
2610	2610	(1) duties under the manufacturer's or distributor's
2611	2611	warranty; and
2612	2612	(2) vehicle preparation and delivery obligations.
2613	2613	SECTION 4I.43. Sections 2301.403(c), (d), and (e),
2614	2614	Occupations Code, are amended to read as follows:
2615	2615	(c) A requesting dealer may file a protest with the
2616	2616	commissioner [board] if the manufacturer or distributor:
2617	2617	(1) disapproves the request; or
2618	2618	(2) fails to respond within the time required by this
2619	2619	section.
2620	2620	(d) After a protest is filed, the commissioner [board] may
2621	2621	uphold the manufacturer's or distributor's decision only if the
2622	2622	manufacturer or distributor proves by a preponderance of the
2623	2623	evidence that the disapproval of the request or failure to respond
2624	2624	was reasonable.
2625	2625	(e) If the commissioner [board] does not determine that the
2626	2626	disapproval of the request or failure to respond was reasonable,
2627	2627	the commissioner [board] shall order the requested rate into effect
2628	2628	as of the 60th day after the receipt of the request by the
2629	2629	manufacturer or distributor.
2630	2630	SECTION 4I.44. Sections 2301.453(a) and (c) through (h),
2631	2631	Occupations Code, are amended to read as follows:
2632	2632	(a) Notwithstanding the terms of any franchise, a
2633	2633	manufacturer, distributor, or representative may not terminate or
2634	2634	discontinue a franchise with a franchised dealer or directly or
2635	2635	indirectly force or attempt to force a franchised dealer to
2636	2636	relocate or discontinue a line-make or parts or products related to
2637	2637	that line-make unless the manufacturer, distributor, or
2638	2638	representative provides notice of the termination or
2639	2639	discontinuance as required by Subsection (c) and:
2640	2640	(1) the manufacturer, distributor, or representative
2641	2641	receives the dealer's informed written consent;
2642	2642	(2) the appropriate time for the dealer to file a
2643	2643	protest under Subsection (e) has expired; or
2644	2644	(3) the commissioner [board] makes a determination of
2645	2645	good cause under Subsection (g).
2646	2646	(c) Except as provided by Subsection (d), the manufacturer,
2647	2647	distributor, or representative must provide written notice by
2648	2648	registered or certified mail to the dealer and the commissioner
2649	2649	[board] stating the specific grounds for the termination or
2650	2650	discontinuance. The notice must:
2651	2651	(1) be received not later than the 60th day before the
2652	2652	effective date of the termination or discontinuance; and
2653	2653	(2) contain on its first page a conspicuous statement
2654	2654	that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
2655	2655	PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
2656	2656	IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
2657	2657	PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
2658	2658	TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
2659	2659	ACTION."
2660	2660	(d) Notice may be provided not later than the 15th day
2661	2661	before the effective date of termination or discontinuance if a
2662	2662	licensed dealer fails to conduct its customary sales and service
2663	2663	operations during its customary business hours for seven
2664	2664	consecutive business days. This subsection does not apply if the
2665	2665	failure is caused by:
2666	2666	(1) an act of God;
2667	2667	(2) a work stoppage or delay because of a strike or
2668	2668	labor dispute;
2669	2669	(3) an order of the commissioner [board]; or
2670	2670	(4) another cause beyond the control of the dealer.
2671	2671	(e) A franchised dealer may file a protest with the
2672	2672	commissioner [board] of the termination or discontinuance not later
2673	2673	than the latter of:
2674	2674	(1) the 60th day after the date of the receipt of the
2675	2675	notice of termination or discontinuance; or
2676	2676	(2) the time specified in the notice.
2677	2677	(f) After a timely protest is filed under Subsection (e),
2678	2678	the commissioner [board] shall notify the party seeking the
2679	2679	termination or discontinuance that:
2680	2680	(1) a timely protest has been filed;
2681	2681	(2) a hearing is required under this chapter; and
2682	2682	(3) the party may not terminate or discontinue the
2683	2683	franchise until the commissioner [board] issues a [its] final order
2684	2684	or decision.
2685	2685	(g) After a hearing, the commissioner [board] shall
2686	2686	determine whether the party seeking the termination or
2687	2687	discontinuance has established by a preponderance of the evidence
2688	2688	that there is good cause for the proposed termination or
2689	2689	discontinuance.
2690	2690	(h) If a franchise is terminated or discontinued, the
2691	2691	manufacturer, distributor, or representative shall establish
2692	2692	another franchise in the same line-make within a reasonable time
2693	2693	unless it is shown to the commissioner [board] by a preponderance of
2694	2694	the evidence that the community or trade area cannot reasonably
2695	2695	support such a dealership. If this showing is made, a license may
2696	2696	not be issued for a franchised dealer in the same area until a
2697	2697	change in circumstances is established.
2698	2698	SECTION 4I.45. Section 2301.454, Occupations Code, is
2699	2699	amended to read as follows:
2700	2700	Sec. 2301.454. MODIFICATION OR REPLACEMENT OF FRANCHISE.
2701	2701	(a) Notwithstanding the terms of any franchise, a manufacturer,
2702	2702	distributor, or representative may not modify or replace a
2703	2703	franchise if the modification or replacement would adversely affect
2704	2704	to a substantial degree the dealer's sales, investment, or
2705	2705	obligations to provide service to the public, unless:
2706	2706	(1) the manufacturer, distributor, or representative
2707	2707	provides written notice by registered or certified mail to each
2708	2708	affected dealer and the commissioner [board] of the modification or
2709	2709	replacement; and
2710	2710	(2) if a protest is filed under this section, the
2711	2711	commissioner [board] approves the modification or replacement.
2712	2712	(b) The notice required by Subsection (a)(1) must:
2713	2713	(1) be given not later than the 60th day before the
2714	2714	date of the modification or replacement; and
2715	2715	(2) contain on its first page a conspicuous statement
2716	2716	that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
2717	2717	PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
2718	2718	IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
2719	2719	PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
2720	2720	TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
2721	2721	ACTION."
2722	2722	(c) A franchised dealer may file a protest with the
2723	2723	commissioner [board] of the modification or replacement not later
2724	2724	than the latter of:
2725	2725	(1) the 60th day after the date of the receipt of the
2726	2726	notice; or
2727	2727	(2) the time specified in the notice.
2728	2728	(d) After a protest is filed, the commissioner [board] shall
2729	2729	determine whether the manufacturer, distributor, or representative
2730	2730	has established by a preponderance of the evidence that there is
2731	2731	good cause for the proposed modification or replacement. The prior
2732	2732	franchise continues in effect until the commissioner [board]
2733	2733	resolves the protest.
2734	2734	SECTION 4I.46. Section 2301.455(a), Occupations Code, is
2735	2735	amended to read as follows:
2736	2736	(a) Notwithstanding the terms of any franchise, in
2737	2737	determining whether good cause has been established under Section
2738	2738	2301.453 or 2301.454, the commissioner [board] shall consider all
2739	2739	existing circumstances, including:
2740	2740	(1) the dealer's sales in relation to the sales in the
2741	2741	market;
2742	2742	(2) the dealer's investment and obligations;
2743	2743	(3) injury or benefit to the public;
2744	2744	(4) the adequacy of the dealer's service facilities,
2745	2745	equipment, parts, and personnel in relation to those of other
2746	2746	dealers of new motor vehicles of the same line-make;
2747	2747	(5) whether warranties are being honored by the
2748	2748	dealer;
2749	2749	(6) the parties' compliance with the franchise, except
2750	2750	to the extent that the franchise conflicts with this chapter; and
2751	2751	(7) the enforceability of the franchise from a public
2752	2752	policy standpoint, including issues of the reasonableness of the
2753	2753	franchise's terms, oppression, adhesion, and the parties' relative
2754	2754	bargaining power.
2755	2755	SECTION 4I.47. Section 2301.460, Occupations Code, is
2756	2756	amended to read as follows:
2757	2757	Sec. 2301.460. WARRANTY, PREPARATION, OR DELIVERY
2758	2758	AGREEMENT OBLIGATIONS. Notwithstanding the terms of any
2759	2759	franchise, a manufacturer, distributor, or representative may not,
2760	2760	after a complaint and a hearing, fail or refuse to perform an
2761	2761	obligation placed on the manufacturer in connection with the
2762	2762	preparation, delivery, and warranty of a new motor vehicle as
2763	2763	provided in the manufacturer's warranty, preparation, and delivery
2764	2764	agreements on file with the commissioner [board].
2765	2765	SECTION 4I.48. Section 2301.461(a), Occupations Code, is
2766	2766	amended to read as follows:
2767	2767	(a) Notwithstanding the terms of any franchise or any other
2768	2768	law, a franchised dealer's preparation, delivery, and warranty
2769	2769	obligations as filed with the commissioner [board] are the dealer's
2770	2770	sole responsibility for product liability as between the dealer and
2771	2771	a manufacturer or distributor.
2772	2772	SECTION 4I.49. Section 2301.462(b), Occupations Code, is
2773	2773	amended to read as follows:
2774	2774	(b) Notwithstanding the terms of any franchise, a
2775	2775	manufacturer, distributor, or representative may refuse to honor a
2776	2776	succession if, after notice and hearing, it is shown to the
2777	2777	commissioner [board] that the result of the succession will be
2778	2778	detrimental to the public interest and to the representation of the
2779	2779	manufacturer or distributor.
2780	2780	SECTION 4I.50. Sections 2301.464(a) and (c), Occupations
2781	2781	Code, are amended to read as follows:
2782	2782	(a) Notwithstanding the terms of any franchise, a
2783	2783	manufacturer, distributor, or representative may not deny or
2784	2784	withhold approval of a written application to relocate a franchise
2785	2785	unless:
2786	2786	(1) the applicant receives written notice of the
2787	2787	denial or withholding of approval not later than the 60th day after
2788	2788	the date the application is received; and
2789	2789	(2) if the applicant files a protest with the
2790	2790	commissioner [board], the commissioner [board] makes a
2791	2791	determination of reasonable grounds under this section.
2792	2792	(c) If the applicant files a protest under Subsection
2793	2793	(a)(2), the commissioner [board] shall hold a hearing. After the
2794	2794	hearing, the commissioner [board] shall determine whether the
2795	2795	manufacturer or distributor has established by a preponderance of
2796	2796	the evidence that the grounds for the denial or withholding of
2797	2797	approval of the relocation are reasonable.
2798	2798	SECTION 4I.51. Section 2301.466(b), Occupations Code, is
2799	2799	amended to read as follows:
2800	2800	(b) An arbitrator shall apply this chapter in resolving a
2801	2801	controversy. Either party may appeal to the commissioner [board] a
2802	2802	decision of an arbitrator on the ground that the arbitrator failed
2803	2803	to apply this chapter.
2804	2804	SECTION 4I.52. Section 2301.472, Occupations Code, is
2805	2805	amended to read as follows:
2806	2806	Sec. 2301.472. ADDITION OF LINE-MAKE. (a) Notwithstanding
2807	2807	the terms of any franchise, a manufacturer, distributor, or
2808	2808	representative may not deny or withhold approval of a franchised
2809	2809	dealer's application to add a line-make or parts or products
2810	2810	related to that line-make unless:
2811	2811	(1) the manufacturer or distributor provides written
2812	2812	notice of the denial or withholding of approval to the applicant not
2813	2813	later than the 60th day after the date the application is received;
2814	2814	and
2815	2815	(2) if the applicant files a protest under this
2816	2816	section, the commissioner [board] upholds the denial or withholding
2817	2817	of approval.
2818	2818	(b) After receiving notice under Subsection (a)(1), a
2819	2819	dealer may file a protest with the commissioner [board].
2820	2820	(c) If the dealer files a protest, the commissioner [board]
2821	2821	may uphold the manufacturer's or distributor's decision to deny or
2822	2822	withhold approval of the addition of the line-make only if the
2823	2823	manufacturer or distributor establishes by a preponderance of the
2824	2824	evidence that the denial or withholding of approval was reasonable.
2825	2825	(d) In determining whether a manufacturer or distributor
2826	2826	has established that the denial or withholding of approval is
2827	2827	reasonable, the commissioner [board] shall consider all existing
2828	2828	circumstances, including:
2829	2829	(1) the dealer's sales in relation to the sales in the
2830	2830	market;
2831	2831	(2) the dealer's investment and obligations;
2832	2832	(3) injury or benefit to the public;
2833	2833	(4) the adequacy of the dealer's sales and service
2834	2834	facilities, equipment, parts, and personnel in relation to those of
2835	2835	other dealers of new motor vehicles of the same line-make;
2836	2836	(5) whether warranties are being honored by the dealer
2837	2837	agreement;
2838	2838	(6) the parties' compliance with the franchise, except
2839	2839	to the extent that the franchise conflicts with this chapter;
2840	2840	(7) the enforceability of the franchise from a public
2841	2841	policy standpoint, including issues of the reasonableness of the
2842	2842	franchise's terms, oppression, adhesion, and the parties' relative
2843	2843	bargaining power;
2844	2844	(8) whether the dealer complies with reasonable
2845	2845	capitalization requirements or will be able to comply with
2846	2846	reasonable capitalization requirements within a reasonable time;
2847	2847	(9) any harm to the manufacturer if the denial or
2848	2848	withholding of approval is not upheld; and
2849	2849	(10) any harm to the dealer if the denial or
2850	2850	withholding of approval is upheld.
2851	2851	SECTION 4I.53. Section 2301.476(e), Occupations Code, is
2852	2852	amended to read as follows:
2853	2853	(e) On a showing of good cause by a manufacturer or
2854	2854	distributor, the commissioner [board] may extend the time limit
2855	2855	imposed under Subsection (d) for a period not to exceed an
2856	2856	additional 12 months. An application for an extension after the
2857	2857	first extension is granted is subject to protest by a dealer of the
2858	2858	same line-make whose dealership is located in the same county as, or
2859	2859	within 15 miles of, the dealership owned or controlled by the
2860	2860	manufacturer or distributor.
2861	2861	SECTION 4I.54. Sections 2301.522(a), (b), and (d),
2862	2862	Occupations Code, are amended to read as follows:
2863	2863	(a) In an action brought against a manufacturer or
2864	2864	distributor under Sections 2301.451-2301.474 by a franchised
2865	2865	dealer whose franchise provides for arbitration in compliance with
2866	2866	this chapter, the commissioner [board] shall order the parties to
2867	2867	submit the dispute to mediation in the manner provided by this
2868	2868	subchapter.
2869	2869	(b) Subsection (a) applies only if the dealer's franchise
2870	2870	does not contain an arbitration provision in conflict with this
2871	2871	chapter. In a dispute concerning whether Subsection (a) applies,
2872	2872	the commissioner [board] shall enter an order either that the
2873	2873	franchise contains a provision in conflict with this chapter or
2874	2874	that it does not. If the commissioner [board] determines that the
2875	2875	franchise does not contain an arbitration provision that conflicts
2876	2876	with this chapter, the commissioner [board] shall order the parties
2877	2877	to proceed to mediation as provided by this subchapter.
2878	2878	(d) This subchapter does not apply to an action brought by
2879	2879	the commissioner [board] to enforce this chapter.
2880	2880	SECTION 4I.55. Section 2301.524(c), Occupations Code, is
2881	2881	amended to read as follows:
2882	2882	(c) Mediation must be completed not later than the 60th day
2883	2883	after the date the commissioner [board] orders the parties to
2884	2884	mediate. The deadline may be extended by the commissioner [board]
2885	2885	at the request of all parties.
2886	2886	SECTION 4I.56. Section 2301.525(b), Occupations Code, is
2887	2887	amended to read as follows:
2888	2888	(b) If Section 154.073, Civil Practice and Remedies Code,
2889	2889	conflicts with another legal requirement for disclosure of
2890	2890	communications or materials, the issue of confidentiality may be
2891	2891	presented to the commissioner [board] to determine, in camera,
2892	2892	whether the facts, circumstances, and context of the communications
2893	2893	or materials sought to be disclosed warrant a protective order of
2894	2894	the commissioner [board] or whether the communications or materials
2895	2895	are subject to disclosure.
2896	2896	SECTION 4I.57. Section 2301.526(a), Occupations Code, is
2897	2897	amended to read as follows:
2898	2898	(a) The commissioner [board] is not liable for the
2899	2899	compensation paid or to be paid to a mediator employed under this
2900	2900	subchapter.
2901	2901	SECTION 4I.58. Section 2301.527, Occupations Code, is
2902	2902	amended to read as follows:
2903	2903	Sec. 2301.527. JURISDICTION OF COMMISSIONER [BOARD]. The
2904	2904	commissioner [board] retains jurisdiction of the subject matter of
2905	2905	and parties to a dispute during mediation and may, on the motion of
2906	2906	a party or on the commissioner's [its] own motion, enter
2907	2907	appropriate orders.
2908	2908	SECTION 4I.59. Sections 2301.528(a) and (d), Occupations
2909	2909	Code, are amended to read as follows:
2910	2910	(a) Except as provided by this subchapter, mediation under
2911	2911	this subchapter does not affect a procedural right or duty
2912	2912	conferred by this chapter or by commissioner [board] rule.
2913	2913	(d) The commissioner [board] shall stay proceedings
2914	2914	involving the parties in mediation until the commissioner [board]
2915	2915	receives the mediator's certification that mediation has
2916	2916	concluded.
2917	2917	SECTION 4I.60. Section 2301.529, Occupations Code, is
2918	2918	amended to read as follows:
2919	2919	Sec. 2301.529. OUTCOME OF MEDIATION. (a) If mediation
2920	2920	resolves the dispute, the commissioner [board] shall enter an order
2921	2921	incorporating the terms of the agreement reached in mediation.
2922	2922	(b) If mediation does not resolve the dispute, the
2923	2923	commissioner [board] shall proceed to a contested case hearing or
2924	2924	other appropriate exercise of its jurisdiction.
2925	2925	SECTION 4I.61. Section 2301.552(b), Occupations Code, is
2926	2926	amended to read as follows:
2927	2927	(b) An appointment must:
2928	2928	(1) be in writing;
2929	2929	(2) disclose its terms; and
2930	2930	(3) comply with commissioner [board] rules.
2931	2931	SECTION 4I.62. Section 2301.554(b), Occupations Code, is
2932	2932	amended to read as follows:
2933	2933	(b) In the interests of justice and giving deference to
2934	2934	standard national business practices, the commissioner [board] may
2935	2935	adopt a rule by which a lease may prohibit the lessee from taking
2936	2936	the vehicle into a specific foreign country regardless of whether
2937	2937	the lease prohibits the lessee from taking the vehicle into another
2938	2938	foreign country. In adopting a rule under this subsection the
2939	2939	commissioner [board] shall give consideration to the proximity of
2940	2940	international borders to prospective Texas lessees.
2941	2941	SECTION 4I.63. Section 2301.602, Occupations Code, is
2942	2942	amended to read as follows:
2943	2943	Sec. 2301.602. DUTY OF COMMISSIONER [BOARD]. (a) The
2944	2944	commissioner [board] shall cause a manufacturer, converter, or
2945	2945	distributor to perform an obligation imposed by this subchapter.
2946	2946	(b) The commissioner [board] shall adopt rules for the
2947	2947	enforcement and implementation of this subchapter.
2948	2948	SECTION 4I.64. Section 2301.604(c), Occupations Code, is
2949	2949	amended to read as follows:
2950	2950	(c) As necessary to promote the public interest, the
2951	2951	commissioner [board] by rule:
2952	2952	(1) shall define the incidental costs that are
2953	2953	eligible for reimbursement;
2954	2954	(2) shall specify other requirements necessary to
2955	2955	determine an eligible cost; and
2956	2956	(3) may set a maximum amount that is eligible for
2957	2957	reimbursement, either by type of eligible cost or by a total for all
2958	2958	costs.
2959	2959	SECTION 4I.65. Sections 2301.606(a), (b), and (c),
2960	2960	Occupations Code, are amended to read as follows:
2961	2961	(a) The commissioner [director] under commissioner [board]
2962	2962	rules shall conduct hearings and issue final orders for the
2963	2963	implementation and enforcement of this subchapter. [An order
2964	2964	issued by the director under this subchapter is considered a final
2965	2965	order of the board.]
2966	2966	(b) In a hearing before the commissioner [director] under
2967	2967	this subchapter, a manufacturer, converter, or distributor may
2968	2968	plead and prove as an affirmative defense to a remedy under this
2969	2969	subchapter that a nonconformity:
2970	2970	(1) is the result of abuse, neglect, or unauthorized
2971	2971	modification or alteration of the motor vehicle; or
2972	2972	(2) does not substantially impair the use or market
2973	2973	value of the motor vehicle.
2974	2974	(c) The commissioner [director] may not issue an order
2975	2975	requiring a manufacturer, converter, or distributor to make a
2976	2976	refund or to replace a motor vehicle unless:
2977	2977	(1) the owner or a person on behalf of the owner has
2978	2978	mailed written notice of the alleged defect or nonconformity to the
2979	2979	manufacturer, converter, or distributor; and
2980	2980	(2) the manufacturer, converter, or distributor has
2981	2981	been given an opportunity to cure the alleged defect or
2982	2982	nonconformity.
2983	2983	SECTION 4I.66. Section 2301.607(c), Occupations Code, is
2984	2984	amended to read as follows:
2985	2985	(c) If the administrative law judge does not issue a
2986	2986	proposal for decision and recommend to the commissioner [director]
2987	2987	a final order before the 151st day after the date a complaint is
2988	2988	filed under this subchapter, the commissioner [director] shall
2989	2989	provide written notice by certified mail to the complainant and to
2990	2990	the manufacturer, converter, or distributor of the expiration of
2991	2991	the 150-day period and of the complainant's right to file a civil
2992	2992	action. The commissioner [board] shall extend the 150-day period
2993	2993	if a delay is requested or caused by the person who filed the
2994	2994	complaint.
2995	2995	SECTION 4I.67. Section 2301.608, Occupations Code, is
2996	2996	amended to read as follows:
2997	2997	Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR
2998	2998	REFUND. (a) In an order issued under this subchapter, the
2999	2999	commissioner [director] shall name the person responsible for
3000	3000	paying the cost of any refund or replacement. A manufacturer,
3001	3001	converter, or distributor may not cause a franchised dealer to
3002	3002	directly or indirectly pay any money not specifically ordered by
3003	3003	the commissioner [director].
3004	3004	(b) If the commissioner [director] orders a manufacturer,
3005	3005	converter, or distributor to make a refund or replace a motor
3006	3006	vehicle under this subchapter, the commissioner [director] may
3007	3007	order the franchised dealer to reimburse the owner, lienholder,
3008	3008	manufacturer, converter, or distributor only for an item or option
3009	3009	added to the vehicle by the dealer to the extent that the item or
3010	3010	option contributed to the defect that served as the basis for the
3011	3011	order.
3012	3012	(c) In a case involving a leased vehicle, the commissioner
3013	3013	[director] may terminate the lease and apportion allowances or
3014	3014	refunds, including the reasonable allowance for use, between the
3015	3015	lessee and lessor of the vehicle.
3016	3016	SECTION 4I.68. Section 2301.609(a), Occupations Code, is
3017	3017	amended to read as follows:
3018	3018	(a) A party to a proceeding before the commissioner
3019	3019	[director] under this subchapter that is affected by a final order
3020	3020	of the commissioner [director] is entitled to judicial review of
3021	3021	the order under the substantial evidence rule in a district court of
3022	3022	Travis County.
3023	3023	SECTION 4I.69. Sections 2301.610(a), (c), and (d),
3024	3024	Occupations Code, are amended to read as follows:
3025	3025	(a) A manufacturer, distributor, or converter that has been
3026	3026	ordered to repurchase or replace a vehicle shall, through its
3027	3027	franchised dealer, issue a disclosure statement stating that the
3028	3028	vehicle was repurchased or replaced by the manufacturer,
3029	3029	distributor, or converter under this subchapter. The statement
3030	3030	must accompany the vehicle through the first retail purchase
3031	3031	following the issuance of the statement and must include the
3032	3032	commissioner's [board's] toll-free telephone number that will
3033	3033	enable the purchaser to obtain information about the condition or
3034	3034	defect that was the basis of the order for repurchase or
3035	3035	replacement.
3036	3036	(c) The commissioner [board] shall adopt rules for the
3037	3037	enforcement of this section.
3038	3038	(d) The commissioner [board] shall maintain a toll-free
3039	3039	telephone number to provide information to a person who requests
3040	3040	information about a condition or defect that was the basis for
3041	3041	repurchase or replacement by an order of the commissioner
3042	3042	[director]. The commissioner [board] shall maintain an effective
3043	3043	method of providing information to a person who makes a request.
3044	3044	SECTION 4I.70. Sections 2301.611(a) and (c), Occupations
3045	3045	Code, are amended to read as follows:
3046	3046	(a) The commissioner [board] shall publish an annual report
3047	3047	on the motor vehicles ordered repurchased or replaced under this
3048	3048	subchapter.
3049	3049	(c) The commissioner [board] shall make the report
3050	3050	available to the public and may charge a reasonable fee to cover the
3051	3051	cost of the report.
3052	3052	SECTION 4I.71. Section 2301.612, Occupations Code, is
3053	3053	amended to read as follows:
3054	3054	Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed
3055	3055	with the commissioner [board] under this subchapter is not a public
3056	3056	record and is not subject to release under Chapter 552, Government
3057	3057	Code, until the complaint is finally resolved by order of the
3058	3058	commissioner [board].
3059	3059	SECTION 4I.72. Section 2301.613(a), Occupations Code, is
3060	3060	amended to read as follows:
3061	3061	(a) The commissioner [board] shall prepare, publish, and
3062	3062	distribute information concerning an owner's rights under this
3063	3063	subchapter. The retail seller of a new motor vehicle shall
3064	3064	conspicuously post a copy of the information in the area where its
3065	3065	customers usually pay for repairs.
3066	3066	SECTION 4I.73. Sections 2301.651(a), (b), and (d),
3067	3067	Occupations Code, are amended to read as follows:
3068	3068	(a) The commissioner [board] may deny an application for a
3069	3069	license, revoke or suspend a license, place on probation a person
3070	3070	whose license has been suspended, or reprimand a license holder if
3071	3071	the applicant or license holder:
3072	3072	(1) is unfit under standards described in this chapter
3073	3073	or commissioner [board] rules;
3074	3074	(2) makes a material misrepresentation in any
3075	3075	application or other information filed under this chapter or
3076	3076	commissioner [board] rules;
3077	3077	(3) violates this chapter or a commissioner [board]
3078	3078	rule or order;
3079	3079	(4) violates any law relating to the sale,
3080	3080	distribution, financing, or insuring of motor vehicles;
3081	3081	(5) fails to maintain the qualifications for a
3082	3082	license;
3083	3083	(6) wilfully defrauds a purchaser;
3084	3084	(7) fails to fulfill a written agreement with a retail
3085	3085	purchaser of a motor vehicle; or
3086	3086	(8) violates the requirements of Section 503.0631,
3087	3087	Transportation Code.
3088	3088	(b) The commissioner [board] may take action under
3089	3089	Subsection (a) against an applicant or license holder for an act or
3090	3090	omission by an officer, director, partner, trustee, or other person
3091	3091	acting in a representative capacity for the applicant or license
3092	3092	holder that would be cause for denying, revoking, or suspending a
3093	3093	license under this chapter.
3094	3094	(d) A license may not be denied, revoked, or suspended, and
3095	3095	disciplinary action may not be taken under this subchapter, except
3096	3096	on order of the commissioner [board] after a hearing.
3097	3097	SECTION 4I.74. Section 2301.652(a), Occupations Code, is
3098	3098	amended to read as follows:
3099	3099	(a) The commissioner [board] may deny an application for a
3100	3100	license to establish a dealership if, following a protest, the
3101	3101	applicant fails to establish good cause for establishing the
3102	3102	dealership. In determining good cause, the commissioner [board]
3103	3103	shall consider:
3104	3104	(1) whether the manufacturer or distributor of the
3105	3105	same line-make of new motor vehicle is being adequately represented
3106	3106	as to sales and service;
3107	3107	(2) whether the protesting franchised dealer
3108	3108	representing the same line-make of new motor vehicle is in
3109	3109	substantial compliance with the dealer's franchise, to the extent
3110	3110	that the franchise is not in conflict with this chapter;
3111	3111	(3) the desirability of a competitive marketplace;
3112	3112	(4) any harm to the protesting franchised dealer; and
3113	3113	(5) the public interest.
3114	3114	SECTION 4I.75. Section 2301.654, Occupations Code, is
3115	3115	amended to read as follows:
3116	3116	Sec. 2301.654. PROBATION. If a suspension of a license is
3117	3117	probated, the commissioner [board] may:
3118	3118	(1) require the license holder to report regularly to
3119	3119	the commissioner [board] on matters that are the basis of the
3120	3120	probation; or
3121	3121	(2) limit activities to those prescribed by the
3122	3122	commissioner [board].
3123	3123	SECTION 4I.76. Sections 2301.7025(a) and (b), Occupations
3124	3124	Code, are amended to read as follows:
3125	3125	(a) This section does not apply to:
3126	3126	(1) an action with respect to which this chapter or
3127	3127	rules of the commissioner [board] establish specific procedural
3128	3128	time limits; or
3129	3129	(2) an action brought under Section 2301.204.
3130	3130	(b) Except as provided by this section, a license holder may
3131	3131	not file an action with the commissioner [board] after the fourth
3132	3132	anniversary of the date the action accrues.
3133	3133	SECTION 4I.77. Section 2301.703(a), Occupations Code, is
3134	3134	amended to read as follows:
3135	3135	(a) A hearing shall be conducted in any contested case
3136	3136	arising under this chapter or a commissioner [board] rule. The
3137	3137	hearing must be conducted in accordance with this chapter, any
3138	3138	order, decision, or rule of the commissioner [board], and Chapter
3139	3139	2001, Government Code.
3140	3140	SECTION 4I.78. Section 2301.704(b), Occupations Code, is
3141	3141	amended to read as follows:
3142	3142	(b) An administrative law judge has all of the
3143	3143	commissioner's [board's] power and authority under this chapter to
3144	3144	conduct hearings, including the power to:
3145	3145	(1) hold a hearing;
3146	3146	(2) administer an oath;
3147	3147	(3) receive pleadings and evidence;
3148	3148	(4) issue a subpoena to compel the attendance of a
3149	3149	witness;
3150	3150	(5) compel the production of papers and documents;
3151	3151	(6) issue an interlocutory order, including a cease
3152	3152	and desist order in the nature of a temporary restraining order or a
3153	3153	temporary injunction;
3154	3154	(7) make findings of fact and conclusions of law; and
3155	3155	(8) issue a proposal for decision and recommend a
3156	3156	final order.
3157	3157	SECTION 4I.79. Section 2301.705(a), Occupations Code, is
3158	3158	amended to read as follows:
3159	3159	(a) Notice of a contested case hearing involving a license
3160	3160	holder must be given in accordance with this chapter and
3161	3161	commissioner [board] rules.
3162	3162	SECTION 4I.80. Section 2301.706, Occupations Code, is
3163	3163	amended to read as follows:
3164	3164	Sec. 2301.706. NOTICE OF RULEMAKING HEARING. Notice of a
3165	3165	rulemaking hearing must be given in accordance with Chapter 2001,
3166	3166	Government Code, and commissioner [board] rules before the 30th day
3167	3167	preceding the date of the hearing.
3168	3168	SECTION 4I.81. Section 2301.709, Occupations Code, is
3169	3169	amended to read as follows:
3170	3170	Sec. 2301.709. PROPOSED DECISION; REVIEW BY COMMISSIONER
3171	3171	[BOARD]. (a) In a contested case, the administrative law judge
3172	3172	shall serve on each party a copy of the administrative law judge's
3173	3173	proposal for decision and recommended order containing findings of
3174	3174	fact and conclusions of law. A party may file exceptions and
3175	3175	replies to the commissioner [board].
3176	3176	(b) In reviewing the case, the commissioner [board] may
3177	3177	consider only materials that are submitted timely.
3178	3178	(c) The commissioner [board] may hear such oral argument
3179	3179	from any party as the commissioner [board] may allow.
3180	3180	(d) The commissioner [board] shall take any further action
3181	3181	conducive to the issuance of a final order and shall issue a written
3182	3182	final decision or order. [A majority vote of a quorum of the board
3183	3183	is required to adopt a final decision or order of the board.]
3184	3184	SECTION 4I.82. Section 2301.710, Occupations Code, is
3185	3185	amended to read as follows:
3186	3186	Sec. 2301.710. DISMISSAL OF COMPLAINT. On the motion of any
3187	3187	party, the commissioner [board], without holding a contested case
3188	3188	hearing, may issue a final order dismissing a complaint, protest,
3189	3189	or response in accordance with the terms and procedures set forth in
3190	3190	Rule 166a, Texas Rules of Civil Procedure, or its successor.
3191	3191	SECTION 4I.83. Section 2301.711, Occupations Code, is
3192	3192	amended to read as follows:
3193	3193	Sec. 2301.711. ORDERS AND DECISIONS. (a) An order or
3194	3194	decision of the commissioner [board] must:
3195	3195	(1) include a separate finding of fact with respect to
3196	3196	each specific issue the commissioner [board] is required by law to
3197	3197	consider in reaching a decision;
3198	3198	(2) set forth additional findings of fact and
3199	3199	conclusions of law on which the order or decision is based; and
3200	3200	(3) give the reasons for the particular actions taken.
3201	3201	(b) Except as provided by Subchapter M, the order or
3202	3202	decision must:
3203	3203	(1) be signed by the commissioner [presiding officer
3204	3204	or assistant presiding officer for the board];
3205	3205	(2) be attested to by the commissioner [director]; and
3206	3206	(3) have the seal affixed to it.
3207	3207	SECTION 4I.84. Section 2301.712(b), Occupations Code, is
3208	3208	amended to read as follows:
3209	3209	(b) If a person who brings a complaint under Subchapter M
3210	3210	prevails in the case, the commissioner [board] shall order the
3211	3211	nonprevailing party in the case to reimburse the amount of the
3212	3212	filing fee for the case.
3213	3213	SECTION 4I.85. Section 2301.751(a), Occupations Code, is
3214	3214	amended to read as follows:
3215	3215	(a) A party to a proceeding affected by a final order, rule,
3216	3216	or decision or other final action of the commissioner [board or
3217	3217	director] under this chapter or under another law with respect to a
3218	3218	matter arising under this chapter may seek judicial review of the
3219	3219	action under the substantial evidence rule in:
3220	3220	(1) a district court in Travis County; or
3221	3221	(2) the court of appeals for the Third Court of Appeals
3222	3222	District.
3223	3223	SECTION 4I.86. Section 2301.752(b), Occupations Code, is
3224	3224	amended to read as follows:
3225	3225	(b) Citation for an appeal must be served on the
3226	3226	commissioner [director] and each party of record in the matter. For
3227	3227	an appeal initiated in the court of appeals, the court shall cause
3228	3228	the citation to be issued.
3229	3229	SECTION 4I.87. Section 2301.753, Occupations Code, is
3230	3230	amended to read as follows:
3231	3231	Sec. 2301.753. ADDITIONAL EVIDENCE. An appeal in which
3232	3232	evidence outside the record of the commissioner [board] is to be
3233	3233	taken under Chapter 2001, Government Code, or otherwise, shall be
3234	3234	brought in a district court in Travis County or in the court of
3235	3235	appeals. An appeal brought in the court of appeals is subject to
3236	3236	remand to a district court in Travis County for proceedings under
3237	3237	instructions from the court of appeals.
3238	3238	SECTION 4I.88. Section 2301.755, Occupations Code, is
3239	3239	amended to read as follows:
3240	3240	Sec. 2301.755. EFFECT OF APPEAL ON ORDER. An appeal under
3241	3241	this subchapter does not affect the enforcement of a final
3242	3242	commissioner [board] order unless:
3243	3243	(1) the enforcement of the order is enjoinable under
3244	3244	Chapter 65, Civil Practice and Remedies Code, and under principles
3245	3245	of primary jurisdiction; or
3246	3246	(2) the commissioner [board], in the interest of
3247	3247	justice, suspends the enforcement of the order pending final
3248	3248	determination of the appeal.
3249	3249	SECTION 4I.89. Sections 2301.801(a) and (b), Occupations
3250	3250	Code, are amended to read as follows:
3251	3251	(a) If, after a proceeding under this chapter and
3252	3252	commissioner [board] rules, the commissioner [board] determines
3253	3253	that a person is violating or has violated this chapter, a rule
3254	3254	adopted or order issued under this chapter, or Section 503.038(a),
3255	3255	Transportation Code, the commissioner [board] may impose a civil
3256	3256	penalty. The amount of the penalty may not exceed $10,000 for each
3257	3257	violation. Each act of violation and each day a violation continues
3258	3258	is a separate violation.
3259	3259	(b) In determining the amount of the penalty, the
3260	3260	commissioner [board] shall consider:
3261	3261	(1) the seriousness of the violation, including the
3262	3262	nature, circumstances, extent, and gravity of any prohibited act,
3263	3263	and the harm or potential harm to the safety of the public;
3264	3264	(2) the economic damage to the public caused by the
3265	3265	violation;
3266	3266	(3) the history of previous violations;
3267	3267	(4) the amount necessary to deter a future violation;
3268	3268	(5) efforts to correct the violation; and
3269	3269	(6) any other matter that justice may require.
3270	3270	SECTION 4I.90. Section 2301.802, Occupations Code, is
3271	3271	amended to read as follows:
3272	3272	Sec. 2301.802. CEASE AND DESIST ORDER. (a) If it appears
3273	3273	to the commissioner [board] that a person is violating this chapter
3274	3274	or a commissioner [board] rule or order, the commissioner [board]
3275	3275	after notice may require the person engaged in the conduct to appear
3276	3276	and show cause why a cease and desist order should not be issued
3277	3277	prohibiting the conduct described in the notice.
3278	3278	(b) An interlocutory cease and desist order may be granted
3279	3279	with or without bond or other undertaking if:
3280	3280	(1) the order is necessary to the performance of the
3281	3281	duties delegated to the commissioner [board] by this chapter;
3282	3282	(2) the order is necessary or convenient to
3283	3283	maintaining the status quo between two or more adverse parties
3284	3284	before the commissioner [board];
3285	3285	(3) a party before the commissioner [board] is
3286	3286	entitled to relief demanded of the commissioner [board] and all or
3287	3287	part of the relief requires the restraint of some act prejudicial to
3288	3288	the party;
3289	3289	(4) a person is performing, about to perform, or
3290	3290	procuring or allowing the performance of an act:
3291	3291	(A) relating to the subject of a contested case
3292	3292	pending before the commissioner [board], in violation of the rights
3293	3293	of a party before the commissioner [board]; and
3294	3294	(B) that would tend to render the commissioner's
3295	3295	[board's] order in the case ineffectual; or
3296	3296	(5) substantial injury to the rights of a person
3297	3297	subject to the commissioner's [board's] jurisdiction is threatened
3298	3298	regardless of any remedy available at law.
3299	3299	(c) A proceeding under this section is governed by:
3300	3300	(1) this chapter and the commissioner's [board's]
3301	3301	rules; and
3302	3302	(2) Chapter 2001, Government Code, relating to a
3303	3303	contested case, to the extent that chapter is not in conflict with
3304	3304	Subdivision (1).
3305	3305	(d) An interlocutory cease and desist order remains in
3306	3306	effect until vacated or incorporated in a final order of the
3307	3307	commissioner [board]. An appeal of an interlocutory cease and
3308	3308	desist order must be made to the commissioner [board] before
3309	3309	seeking judicial review as provided by this chapter.
3310	3310	(e) A permanent cease and desist order may be issued
3311	3311	regardless of the requirements of Subsection (b) but only under the
3312	3312	procedures for a final order by the commissioner [board] under this
3313	3313	chapter. An appeal of a permanent cease and desist order is made in
3314	3314	the same manner as an appeal of a final order under this chapter.
3315	3315	SECTION 4I.91. Sections 2301.803(a) and (c), Occupations
3316	3316	Code, are amended to read as follows:
3317	3317	(a) On the initiation of a commissioner [board] proceeding,
3318	3318	whether by complaint, protest, or otherwise, a person who receives
3319	3319	notice from the commissioner [board] of a statutory stay imposed by
3320	3320	this chapter may not allow or commit any act or omission that would:
3321	3321	(1) violate this chapter or any rule, order, or
3322	3322	decision of the commissioner [board];
3323	3323	(2) affect a legal right, duty, or privilege of any
3324	3324	party before the commissioner [board]; or
3325	3325	(3) tend to render ineffectual a commissioner [board]
3326	3326	order in a pending proceeding.
3327	3327	(c) A person affected by a statutory stay imposed by this
3328	3328	chapter may initiate a proceeding before the commissioner [board]
3329	3329	to modify, vacate, or clarify the extent and application of the
3330	3330	statutory stay.
3331	3331	SECTION 4I.92. Sections 2301.804(a) and (b), Occupations
3332	3332	Code, are amended to read as follows:
3333	3333	(a) If it appears that a person has violated, is violating,
3334	3334	or is threatening to violate this chapter or a commissioner [board]
3335	3335	rule or order, the commissioner [board or the director, if
3336	3336	authorized by the board,] may cause a suit to be instituted in a
3337	3337	court for:
3338	3338	(1) injunctive relief to restrain the person from
3339	3339	committing the violation or threat of violation;
3340	3340	(2) imposition of a civil penalty; or
3341	3341	(3) both injunctive relief and a civil penalty.
3342	3342	(b) At the request of the commissioner [board or the
3343	3343	director, if authorized by the board], the attorney general shall
3344	3344	bring in the name of the state a suit for an injunction or a civil
3345	3345	penalty as described by Subsection (a).
3346	3346	SECTION 4I.93. Section 2301.805(b), Occupations Code, is
3347	3347	amended to read as follows:
3348	3348	(b) In an action brought under this section, and in the
3349	3349	interest of judicial economy and efficiency, a judgment entered in
3350	3350	the action must give deference to the findings of fact and
3351	3351	conclusions of law of the commissioner [board] contained in any
3352	3352	final order that is the basis of the action.
3353	3353	SECTION 4I.94. Section 2301.806, Occupations Code, is
3354	3354	amended to read as follows:
3355	3355	Sec. 2301.806. COMMISSIONER [BOARD] EXEMPT FROM FILING
3356	3356	FEE. Notwithstanding the other provisions of this chapter, the
3357	3357	commissioner [board] is not required to pay a filing fee when filing
3358	3358	a complaint or other enforcement action.
3359	3359	SECTION 4I.95. Section 2305.007(a), Occupations Code, is
3360	3360	amended to read as follows:
3361	3361	(a) Except as provided by Subsection (b), for the purpose of
3362	3362	enforcing or administering this chapter, Chapter 2302 of this code,
3363	3363	or Chapter 501 or 502, Transportation Code, a member of the Texas
3364	3364	Transportation Commission, an employee of the Texas Transportation
3365	3365	Commission or Texas Department of Transportation, an employee of
3366	3366	the Texas Department of Motor Vehicles, a member of the Public
3367	3367	Safety Commission, an officer of the Department of Public Safety,
3368	3368	or another peace officer who is interested in tracing or locating a
3369	3369	stolen motor vehicle may at a reasonable time:
3370	3370	(1) enter the premises of a business regulated under
3371	3371	one of those chapters; and
3372	3372	(2) inspect or copy any document, record, vehicle,
3373	3373	part, or other item regulated under one of those chapters.
3374	3374	SECTION 4I.96. Section 2308.252(b), Occupations Code, is
3375	3375	amended to read as follows:
3376	3376	(b) A parking facility owner is considered to have given
3377	3377	notice under Subsection (a)(3) if:
3378	3378	(1) a conspicuous notice has been attached to the
3379	3379	vehicle's front windshield or, if the vehicle has no front
3380	3380	windshield, to a conspicuous part of the vehicle stating:
3381	3381	(A) that the vehicle is in a parking space in
3382	3382	which the vehicle is not authorized to be parked;
3383	3383	(B) a description of all other unauthorized areas
3384	3384	in the parking facility;
3385	3385	(C) that the vehicle will be towed at the expense
3386	3386	of the owner or operator of the vehicle if it remains in an
3387	3387	unauthorized area of the parking facility; and
3388	3388	(D) a telephone number that is answered 24 hours
3389	3389	a day to enable the owner or operator of the vehicle to locate the
3390	3390	vehicle; and
3391	3391	(2) a notice is mailed after the notice is attached to
3392	3392	the vehicle as provided by Subdivision (1) to the owner of the
3393	3393	vehicle by certified mail, return receipt requested, to the last
3394	3394	address shown for the owner according to the vehicle registration
3395	3395	records of the Texas Department of Motor Vehicles [Transportation],
3396	3396	or if the vehicle is registered in another state, the appropriate
3397	3397	agency of that state.
3398	3398	SECTION 4I.97. The following sections of the Occupations
3399	3399	Code are repealed:
3400	3400	(1) Sections 2301.002(2), (10), and (13); and
3401	3401	(2) Section 2301.005.
3402	3402	PART J. PENAL CODE
3403	3403	SECTION 4J.01. Section 31.03(c), Penal Code, is amended to
3404	3404	read as follows:
3405	3405	(c) For purposes of Subsection (b):
3406	3406	(1) evidence that the actor has previously
3407	3407	participated in recent transactions other than, but similar to,
3408	3408	that which the prosecution is based is admissible for the purpose of
3409	3409	showing knowledge or intent and the issues of knowledge or intent
3410	3410	are raised by the actor's plea of not guilty;
3411	3411	(2) the testimony of an accomplice shall be
3412	3412	corroborated by proof that tends to connect the actor to the crime,
3413	3413	but the actor's knowledge or intent may be established by the
3414	3414	uncorroborated testimony of the accomplice;
3415	3415	(3) an actor engaged in the business of buying and
3416	3416	selling used or secondhand personal property, or lending money on
3417	3417	the security of personal property deposited with the actor, is
3418	3418	presumed to know upon receipt by the actor of stolen property (other
3419	3419	than a motor vehicle subject to Chapter 501, Transportation Code)
3420	3420	that the property has been previously stolen from another if the
3421	3421	actor pays for or loans against the property $25 or more (or
3422	3422	consideration of equivalent value) and the actor knowingly or
3423	3423	recklessly:
3424	3424	(A) fails to record the name, address, and
3425	3425	physical description or identification number of the seller or
3426	3426	pledgor;
3427	3427	(B) fails to record a complete description of the
3428	3428	property, including the serial number, if reasonably available, or
3429	3429	other identifying characteristics; or
3430	3430	(C) fails to obtain a signed warranty from the
3431	3431	seller or pledgor that the seller or pledgor has the right to
3432	3432	possess the property. It is the express intent of this provision
3433	3433	that the presumption arises unless the actor complies with each of
3434	3434	the numbered requirements;
3435	3435	(4) for the purposes of Subdivision (3)(A),
3436	3436	"identification number" means driver's license number, military
3437	3437	identification number, identification certificate, or other
3438	3438	official number capable of identifying an individual;
3439	3439	(5) stolen property does not lose its character as
3440	3440	stolen when recovered by any law enforcement agency;
3441	3441	(6) an actor engaged in the business of obtaining
3442	3442	abandoned or wrecked motor vehicles or parts of an abandoned or
3443	3443	wrecked motor vehicle for resale, disposal, scrap, repair,
3444	3444	rebuilding, demolition, or other form of salvage is presumed to
3445	3445	know on receipt by the actor of stolen property that the property
3446	3446	has been previously stolen from another if the actor knowingly or
3447	3447	recklessly:
3448	3448	(A) fails to maintain an accurate and legible
3449	3449	inventory of each motor vehicle component part purchased by or
3450	3450	delivered to the actor, including the date of purchase or delivery,
3451	3451	the name, age, address, sex, and driver's license number of the
3452	3452	seller or person making the delivery, the license plate number of
3453	3453	the motor vehicle in which the part was delivered, a complete
3454	3454	description of the part, and the vehicle identification number of
3455	3455	the motor vehicle from which the part was removed, or in lieu of
3456	3456	maintaining an inventory, fails to record the name and certificate
3457	3457	of inventory number of the person who dismantled the motor vehicle
3458	3458	from which the part was obtained;
3459	3459	(B) fails on receipt of a motor vehicle to obtain
3460	3460	a certificate of authority, sales receipt, or transfer document as
3461	3461	required by Chapter 683, Transportation Code, or a certificate of
3462	3462	title showing that the motor vehicle is not subject to a lien or
3463	3463	that all recorded liens on the motor vehicle have been released; or
3464	3464	(C) fails on receipt of a motor vehicle to
3465	3465	immediately remove an unexpired license plate from the motor
3466	3466	vehicle, to keep the plate in a secure and locked place, or to
3467	3467	maintain an inventory, on forms provided by the Texas Department of
3468	3468	Motor Vehicles [Transportation], of license plates kept under this
3469	3469	paragraph, including for each plate or set of plates the license
3470	3470	plate number and the make, motor number, and vehicle identification
3471	3471	number of the motor vehicle from which the plate was removed;
3472	3472	(7) an actor who purchases or receives a used or
3473	3473	secondhand motor vehicle is presumed to know on receipt by the actor
3474	3474	of the motor vehicle that the motor vehicle has been previously
3475	3475	stolen from another if the actor knowingly or recklessly:
3476	3476	(A) fails to report to the Texas Department of
3477	3477	Motor Vehicles [Transportation] the failure of the person who sold
3478	3478	or delivered the motor vehicle to the actor to deliver to the actor
3479	3479	a properly executed certificate of title to the motor vehicle at the
3480	3480	time the motor vehicle was delivered; or
3481	3481	(B) fails to file with the county tax
3482	3482	assessor-collector of the county in which the actor received the
3483	3483	motor vehicle, not later than the 20th day after the date the actor
3484	3484	received the motor vehicle, the registration license receipt and
3485	3485	certificate of title or evidence of title delivered to the actor in
3486	3486	accordance with Subchapter D, Chapter 520, Transportation Code, at
3487	3487	the time the motor vehicle was delivered;
3488	3488	(8) an actor who purchases or receives from any source
3489	3489	other than a licensed retailer or distributor of pesticides a
3490	3490	restricted-use pesticide or a state-limited-use pesticide or a
3491	3491	compound, mixture, or preparation containing a restricted-use or
3492	3492	state-limited-use pesticide is presumed to know on receipt by the
3493	3493	actor of the pesticide or compound, mixture, or preparation that
3494	3494	the pesticide or compound, mixture, or preparation has been
3495	3495	previously stolen from another if the actor:
3496	3496	(A) fails to record the name, address, and
3497	3497	physical description of the seller or pledgor;
3498	3498	(B) fails to record a complete description of the
3499	3499	amount and type of pesticide or compound, mixture, or preparation
3500	3500	purchased or received; and
3501	3501	(C) fails to obtain a signed warranty from the
3502	3502	seller or pledgor that the seller or pledgor has the right to
3503	3503	possess the property; and
3504	3504	(9) an actor who is subject to Section 409, Packers and
3505	3505	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
3506	3506	a commission merchant by representing that the actor will make
3507	3507	prompt payment is presumed to have induced the commission
3508	3508	merchant's consent by deception if the actor fails to make full
3509	3509	payment in accordance with Section 409, Packers and Stockyards Act
3510	3510	(7 U.S.C. Section 228b).
3511	3511	SECTION 4J.02. Section 31.11(b), Penal Code, is amended to
3512	3512	read as follows:
3513	3513	(b) It is an affirmative defense to prosecution under this
3514	3514	section that the person was:
3515	3515	(1) the owner or acting with the effective consent of
3516	3516	the owner of the property involved;
3517	3517	(2) a peace officer acting in the actual discharge of
3518	3518	official duties; or
3519	3519	(3) acting with respect to a number assigned to a
3520	3520	vehicle by the Texas Department of Transportation or the Texas
3521	3521	Department of Motor Vehicles, as applicable, and the person was:
3522	3522	(A) in the actual discharge of official duties as
3523	3523	an employee or agent of the department; or
3524	3524	(B) in full compliance with the rules of the
3525	3525	department as an applicant for an assigned number approved by the
3526	3526	department.
3527	3527	PART K. TAX CODE
3528	3528	SECTION 4K.01. Section 21.02(d), Tax Code, is amended to
3529	3529	read as follows:
3530	3530	(d) A motor vehicle does not have taxable situs in a taxing
3531	3531	unit under Subsection (a)(1) if, on January 1, the vehicle:
3532	3532	(1) has been located for less than 60 days at a place
3533	3533	of business of a person who holds a wholesale motor vehicle auction
3534	3534	general distinguishing number issued by the Texas Department of
3535	3535	Motor Vehicles [Transportation] under Chapter 503, Transportation
3536	3536	Code, for that place of business; and
3537	3537	(2) is offered for resale.
3538	3538	SECTION 4K.02. Section 22.04(d), Tax Code, is amended to
3539	3539	read as follows:
3540	3540	(d) This section does not apply to a motor vehicle that on
3541	3541	January 1 is located at a place of business of a person who holds a
3542	3542	wholesale motor vehicle auction general distinguishing number
3543	3543	issued by the Texas Department of Motor Vehicles [Transportation]
3544	3544	under Chapter 503, Transportation Code, for that place of business,
3545	3545	and that:
3546	3546	(1) has not acquired taxable situs under Section
3547	3547	21.02(a)(1) in a taxing unit that participates in the appraisal
3548	3548	district because the vehicle is described by Section 21.02(d);
3549	3549	(2) is offered for sale by a dealer who holds a
3550	3550	dealer's general distinguishing number issued by the Texas
3551	3551	Department of Motor Vehicles [Transportation] under Chapter 503,
3552	3552	Transportation Code, and whose inventory of motor vehicles is
3553	3553	subject to taxation in the manner provided by Sections 23.121 and
3554	3554	23.122; or
3555	3555	(3) is collateral possessed by a lienholder and
3556	3556	offered for sale in foreclosure of a security interest.
3557	3557	SECTION 4K.03. Sections 23.121(a)(3), (11), and (14), Tax
3558	3558	Code, are amended to read as follows:
3559	3559	(3) "Dealer" means a person who holds a dealer's
3560	3560	general distinguishing number issued by the Texas Department of
3561	3561	Motor Vehicles [Transportation] under the authority of Chapter 503,
3562	3562	Transportation Code, or who is legally recognized as a motor
3563	3563	vehicle dealer pursuant to the law of another state and who complies
3564	3564	with the terms of Section 152.063(f). The term does not include:
3565	3565	(A) a person who holds a manufacturer's license
3566	3566	issued by the [Motor Vehicle Board of the] Texas Department of Motor
3567	3567	Vehicles [Transportation];
3568	3568	(B) an entity that is owned or controlled by a
3569	3569	person who holds a manufacturer's license issued by the [Motor
3570	3570	Vehicle Board of the] Texas Department of Motor Vehicles
3571	3571	[Transportation]; or
3572	3572	(C) a dealer whose general distinguishing number
3573	3573	issued by the Texas Department of Motor Vehicles [Transportation]
3574	3574	under the authority of Chapter 503, Transportation Code, prohibits
3575	3575	the dealer from selling a vehicle to any person except a dealer.
3576	3576	(11) "Sales price" means the total amount of money
3577	3577	paid or to be paid for the purchase of a motor vehicle as set forth
3578	3578	as "sales price" in the form entitled "Application for Texas
3579	3579	Certificate of Title" promulgated by the Texas Department of Motor
3580	3580	Vehicles [Transportation]. In a transaction that does not involve
3581	3581	the use of that form, the term means an amount of money that is
3582	3582	equivalent, or substantially equivalent, to the amount that would
3583	3583	appear as "sales price" on the Application for Texas Certificate of
3584	3584	Title if that form were involved.
3585	3585	(14) "Towable recreational vehicle" means a
3586	3586	nonmotorized vehicle that is designed for temporary human
3587	3587	habitation for recreational, camping, or seasonal use and:
3588	3588	(A) is titled and registered with the Texas
3589	3589	Department of Motor Vehicles [Transportation] through the office of
3590	3590	the collector;
3591	3591	(B) is permanently built on a single chassis;
3592	3592	(C) contains one or more life support systems;
3593	3593	and
3594	3594	(D) is designed to be towable by a motor vehicle.
3595	3595	SECTION 4K.04. Sections 23.121(f), (g), and (h), Tax Code,
3596	3596	are amended to read as follows:
3597	3597	(f) The comptroller shall promulgate a form entitled
3598	3598	Dealer's Motor Vehicle Inventory Declaration. Except as provided
3599	3599	by Section 23.122(l) of this code, not later than February 1 of each
3600	3600	year, or, in the case of a dealer who was not in business on January
3601	3601	1, not later than 30 days after commencement of business, each
3602	3602	dealer shall file a declaration with the chief appraiser and file a
3603	3603	copy with the collector. For purposes of this subsection, a dealer
3604	3604	is presumed to have commenced business on the date of issuance to
3605	3605	the dealer of a dealer's general distinguishing number as provided
3606	3606	by Chapter 503, Transportation Code. Notwithstanding the
3607	3607	presumption created by this subsection, a chief appraiser may, at
3608	3608	his or her sole discretion, designate as the date on which a dealer
3609	3609	commenced business a date other than the date of issuance to the
3610	3610	dealer of a dealer's general distinguishing number. The
3611	3611	declaration is sufficient to comply with this subsection if it sets
3612	3612	forth the following information:
3613	3613	(1) the name and business address of each location at
3614	3614	which the dealer owner conducts business;
3615	3615	(2) each of the dealer's general distinguishing
3616	3616	numbers issued by the Texas Department of Motor Vehicles
3617	3617	[Transportation];
3618	3618	(3) a statement that the dealer owner is the owner of a
3619	3619	dealer's motor vehicle inventory; and
3620	3620	(4) the market value of the dealer's motor vehicle
3621	3621	inventory for the current tax year as computed under Section
3622	3622	23.121(b) of this code.
3623	3623	(g) Under the terms provided by this subsection, the chief
3624	3624	appraiser may examine the books and records of the holder of a
3625	3625	general distinguishing number issued by the Texas Department of
3626	3626	Motor Vehicles [Transportation]. A request made under this
3627	3627	subsection must be made in writing, delivered personally to the
3628	3628	custodian of the records, at the location for which the general
3629	3629	distinguishing number has been issued, must provide a period not
3630	3630	less than 15 days for the person to respond to the request, and must
3631	3631	state that the person to whom it is addressed has the right to seek
3632	3632	judicial relief from compliance with the request. In a request made
3633	3633	under this section the chief appraiser may examine:
3634	3634	(1) the document issued by the Texas Department of
3635	3635	Motor Vehicles [Transportation] showing the person's general
3636	3636	distinguishing number;
3637	3637	(2) documentation appropriate to allow the chief
3638	3638	appraiser to ascertain the applicability of this section and
3639	3639	Section 23.122 of this code to the person;
3640	3640	(3) sales records to substantiate information set
3641	3641	forth in the dealer's declaration filed by the person.
3642	3642	(h) If a dealer fails to file a declaration as required by
3643	3643	this section, or if, on the declaration required by this section, a
3644	3644	dealer reports the sale of fewer than five motor vehicles in the
3645	3645	prior year, the chief appraiser shall report that fact to the Texas
3646	3646	Department of Motor Vehicles [Transportation] and the department
3647	3647	shall initiate termination proceedings. The chief appraiser shall
3648	3648	include with the report a copy of a declaration, if any, indicating
3649	3649	the sale by a dealer of fewer than five motor vehicles in the prior
3650	3650	year. A report by a chief appraiser to the Texas Department of
3651	3651	Motor Vehicles [Transportation] as provided by this subsection is
3652	3652	prima facie grounds for the cancellation of the dealer's general
3653	3653	distinguishing number under Section 503.038(a)(9), Transportation
3654	3654	Code, or for refusal by the Texas Department of Motor Vehicles
3655	3655	[Transportation] to renew the dealer's general distinguishing
3656	3656	number.
3657	3657	SECTION 4K.05. Section 23.123(c), Tax Code, is amended to
3658	3658	read as follows:
3659	3659	(c) Information made confidential by this section may be
3660	3660	disclosed:
3661	3661	(1) in a judicial or administrative proceeding
3662	3662	pursuant to a lawful subpoena;
3663	3663	(2) to the person who filed the declaration or
3664	3664	statement or to that person's representative authorized by the
3665	3665	person in writing to receive the information;
3666	3666	(3) to the comptroller or an employee of the
3667	3667	comptroller authorized by the comptroller to receive the
3668	3668	information;
3669	3669	(4) to a collector or chief appraiser;
3670	3670	(5) to a district attorney, criminal district attorney
3671	3671	or county attorney involved in the enforcement of a penalty imposed
3672	3672	pursuant to Section 23.121 or Section 23.122 of this code;
3673	3673	(6) for statistical purposes if in a form that does not
3674	3674	identify specific property or a specific property owner;
3675	3675	(7) if and to the extent that the information is
3676	3676	required for inclusion in a public document or record that the
3677	3677	appraisal or collection office is required by law to prepare or
3678	3678	maintain; or
3679	3679	(8) to the Texas Department of Motor Vehicles
3680	3680	[Transportation] for use by that department in auditing compliance
3681	3681	of its licensees with appropriate provisions of applicable law.
3682	3682	SECTION 4K.06. Section 23.124(a)(11), Tax Code, is amended
3683	3683	to read as follows:
3684	3684	(11) "Sales price" means the total amount of money
3685	3685	paid or to be paid for the purchase of:
3686	3686	(A) a vessel, other than a trailer that is
3687	3687	treated as a vessel, as set forth as "sales price" in the form
3688	3688	entitled "Application for Texas Certificate of Number/Title for
3689	3689	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
3690	3690	and Wildlife Department;
3691	3691	(B) an outboard motor as set forth as "sales
3692	3692	price" in the form entitled "Application for Texas Certificate of
3693	3693	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
3694	3694	promulgated by the Parks and Wildlife Department; or
3695	3695	(C) a trailer that is treated as a vessel as set
3696	3696	forth as "sales price" in the form entitled "Application for Texas
3697	3697	Certificate of Title" promulgated by the Texas Department of Motor
3698	3698	Vehicles [Transportation].
3699	3699	In a transaction involving a vessel, an outboard motor,
3700	3700	or a trailer that is treated as a vessel that does not involve the
3701	3701	use of one of these forms, the term means an amount of money that is
3702	3702	equivalent, or substantially equivalent, to the amount that would
3703	3703	appear as "sales price" on the Application for Texas Certificate of
3704	3704	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
3705	3705	Application for Texas Certificate of Title for an Outboard
3706	3706	Motor/Seller, Donor or Trader's Affidavit, or the Application for
3707	3707	Texas Certificate of Title if one of these forms were involved.
3708	3708	SECTION 4K.07. Section 113.011, Tax Code, is amended to
3709	3709	read as follows:
3710	3710	Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
3711	3711	VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
3712	3712	Texas Department of Motor Vehicles [Transportation] each release of
3713	3713	a tax lien filed by the comptroller with that department.
3714	3714	SECTION 4K.08. Sections 152.0412(a) and (f), Tax Code, are
3715	3715	amended to read as follows:
3716	3716	(a) In this section, "standard presumptive value" means the
3717	3717	private-party transaction value of a motor vehicle, as determined
3718	3718	by the Texas Department of Motor Vehicles [Transportation] based on
3719	3719	an appropriate regional guidebook of a nationally recognized motor
3720	3720	vehicle value guide service, or based on another motor vehicle
3721	3721	guide publication that the department determines is appropriate if
3722	3722	a private-party transaction value for the motor vehicle is not
3723	3723	available from a regional guidebook described by this subsection.
3724	3724	(f) The Texas Department of Motor Vehicles [Transportation]
3725	3725	shall maintain information on the standard presumptive values of
3726	3726	motor vehicles as part of the department's registration and title
3727	3727	system. The department shall update the information at least
3728	3728	quarterly each calendar year and publish, electronically or
3729	3729	otherwise, the updated information.
3730	3730	SECTION 4K.09. Section 152.042, Tax Code, is amended to
3731	3731	read as follows:
3732	3732	Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
3733	3733	person required to pay the tax imposed by Section 152.027 shall pay
3734	3734	the tax to the Texas Department of Motor Vehicles [Transportation],
3735	3735	and the department may not issue the metal dealer's plates until the
3736	3736	tax is paid.
3737	3737	SECTION 4K.10. Section 152.121(b), Tax Code, is amended to
3738	3738	read as follows:
3739	3739	(b) Taxes on metal dealer plates collected by the Texas
3740	3740	Department of Motor Vehicles [Transportation] shall be deposited by
3741	3741	the department in the state treasury in the same manner as are other
3742	3742	taxes collected under this chapter.
3743	3743	SECTION 4K.11. Section 162.001(52), Tax Code, is amended to
3744	3744	read as follows:
3745	3745	(52) "Registered gross weight" means the total weight
3746	3746	of the vehicle and carrying capacity shown on the registration
3747	3747	certificate issued by the Texas Department of Motor Vehicles
3748	3748	[Transportation].
3749	3749	ARTICLE 5. CONFORMING AMENDMENTS PERTAINING TO DEPARTMENT OF
3750	3750	PUBLIC SAFETY IN OTHER CODES AND STATUTES
3751	3751	PART A. ALCOHOLIC BEVERAGE CODE
3752	3752	SECTION 5A.01. Section 106.03(b), Alcoholic Beverage Code,
3753	3753	is amended to read as follows:
3754	3754	(b) A person who sells a minor an alcoholic beverage does
3755	3755	not commit an offense if the minor falsely represents himself to be
3756	3756	21 years old or older by displaying an apparently valid Texas
3757	3757	driver's license or an identification certificate [card] issued by
3758	3758	the Texas Department of Public Safety or the Texas Department of
3759	3759	Motor Vehicles, as applicable, containing a physical description
3760	3760	consistent with his appearance for the purpose of inducing the
3761	3761	person to sell him an alcoholic beverage.
3762	3762	SECTION 5A.02. Section 106.071(d), Alcoholic Beverage
3763	3763	Code, is amended to read as follows:
3764	3764	(d) In addition to any fine and any order issued under
3765	3765	Section 106.115:
3766	3766	(1) the court shall order a minor placed on deferred
3767	3767	disposition for or convicted of an offense to which this section
3768	3768	applies to perform community service for:
3769	3769	(A) not less than eight or more than 12 hours, if
3770	3770	the minor has not been previously convicted of an offense to which
3771	3771	this section applies; or
3772	3772	(B) not less than 20 or more than 40 hours, if the
3773	3773	minor has been previously convicted once of an offense to which this
3774	3774	section applies; and
3775	3775	(2) the court shall order the Texas Department of
3776	3776	Motor Vehicles [Public Safety] to suspend the driver's license or
3777	3777	permit of a minor convicted of an offense to which this section
3778	3778	applies or, if the minor does not have a driver's license or permit,
3779	3779	to deny the issuance of a driver's license or permit for:
3780	3780	(A) 30 days, if the minor has not been previously
3781	3781	convicted of an offense to which this section applies;
3782	3782	(B) 60 days, if the minor has been previously
3783	3783	convicted once of an offense to which this section applies; or
3784	3784	(C) 180 days, if the minor has been previously
3785	3785	convicted twice or more of an offense to which this section applies.
3786	3786	SECTION 5A.03. Sections 106.115(d) and (e), Alcoholic
3787	3787	Beverage Code, are amended to read as follows:
3788	3788	(d) If the defendant does not present the required evidence
3789	3789	within the prescribed period, the court:
3790	3790	(1) shall order the Texas Department of Motor Vehicles
3791	3791	[Public Safety] to:
3792	3792	(A) suspend the defendant's driver's license or
3793	3793	permit for a period not to exceed six months or, if the defendant
3794	3794	does not have a license or permit, to deny the issuance of a license
3795	3795	or permit to the defendant for that period; or
3796	3796	(B) if the defendant has been previously
3797	3797	convicted of an offense under one or more of the sections listed in
3798	3798	Subsection (a), suspend the defendant's driver's license or permit
3799	3799	for a period not to exceed one year or, if the defendant does not
3800	3800	have a license or permit, to deny the issuance of a license or
3801	3801	permit to the defendant for that period; and
3802	3802	(2) may order the defendant or the parent, managing
3803	3803	conservator, or guardian of the defendant to do any act or refrain
3804	3804	from doing any act if the court determines that doing the act or
3805	3805	refraining from doing the act will increase the likelihood that the
3806	3806	defendant will present evidence to the court that the defendant has
3807	3807	satisfactorily completed an alcohol awareness program or performed
3808	3808	the required hours of community service.
3809	3809	(e) The Texas Department of Motor Vehicles [Public Safety]
3810	3810	shall send notice of the suspension or prohibition order issued
3811	3811	under Subsection (d) by first class mail to the defendant. The
3812	3812	notice must include the date of the suspension or prohibition
3813	3813	order, the reason for the suspension or prohibition, and the period
3814	3814	covered by the suspension or prohibition.
3815	3815	SECTION 5A.04. Section 106.15(e), Alcoholic Beverage Code,
3816	3816	is amended to read as follows:
3817	3817	(e) A person does not commit an offense under Subsection (a)
3818	3818	if the person younger than 18 years of age falsely represents the
3819	3819	person's age to be at least 18 years of age by displaying an
3820	3820	apparently valid Texas driver's license or an identification
3821	3821	certificate [card] issued by the Department of Public Safety or the
3822	3822	Texas Department of Motor Vehicles, as applicable, containing a
3823	3823	physical description consistent with the person's appearance.
3824	3824	PART B. CODE OF CRIMINAL PROCEDURE
3825	3825	SECTION 5B.01. Article 42.016, Code of Criminal Procedure,
3826	3826	is amended to read as follows:
3827	3827	Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
3828	3828	REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
3829	3829	of, receives a grant of deferred adjudication for, or is
3830	3830	adjudicated as having engaged in delinquent conduct based on a
3831	3831	violation of an offense for which a conviction or adjudication
3832	3832	requires registration as a sex offender under Chapter 62, the court
3833	3833	shall:
3834	3834	(1) issue an order requiring the Texas Department of
3835	3835	Motor Vehicles [Public Safety] to include in any driver's license
3836	3836	record or personal identification certificate record maintained by
3837	3837	the department for the person an indication that the person is
3838	3838	subject to the registration requirements of Chapter 62;
3839	3839	(2) require the person to apply to the Texas
3840	3840	Department of Motor Vehicles [Public Safety] in person for an
3841	3841	original or renewal driver's license or personal identification
3842	3842	certificate not later than the 30th day after the date the person is
3843	3843	released or the date the department sends written notice to the
3844	3844	person of the requirements of Article 62.060, as applicable, and to
3845	3845	annually renew the license or certificate;
3846	3846	(3) notify the person of the consequence of the
3847	3847	conviction or order of deferred adjudication as it relates to the
3848	3848	order issued under this article; and
3849	3849	(4) send to the Texas Department of Motor Vehicles
3850	3850	[Public Safety] a copy of the record of conviction, a copy of the
3851	3851	order granting deferred adjudication, or a copy of the juvenile
3852	3852	adjudication, as applicable, and a copy of the order issued under
3853	3853	this article.
3854	3854	SECTION 5B.02. Sections 13(h), (j), (l), and (m), Article
3855	3855	42.12, Code of Criminal Procedure, are amended to read as follows:
3856	3856	(h) If a person convicted of an offense under Sections
3857	3857	49.04-49.08, Penal Code, is placed on community supervision, the
3858	3858	judge shall require, as a condition of the community supervision,
3859	3859	that the defendant attend and successfully complete before the
3860	3860	181st day after the day community supervision is granted an
3861	3861	educational program jointly approved by the Texas Commission on
3862	3862	Alcohol and Drug Abuse, the Department of Public Safety, the
3863	3863	Traffic Safety Section of the Texas Department of Transportation,
3864	3864	and the community justice assistance division of the Texas
3865	3865	Department of Criminal Justice designed to rehabilitate persons who
3866	3866	have driven while intoxicated. The Texas Commission on Alcohol and
3867	3867	Drug Abuse shall publish the jointly approved rules and shall
3868	3868	monitor, coordinate, and provide training to persons providing the
3869	3869	educational programs. The Texas Commission on Alcohol and Drug
3870	3870	Abuse is responsible for the administration of the certification of
3871	3871	approved educational programs and may charge a nonrefundable
3872	3872	application fee for the initial certification of approval and for
3873	3873	renewal of a certificate. The judge may waive the educational
3874	3874	program requirement or may grant an extension of time to
3875	3875	successfully complete the program that expires not later than one
3876	3876	year after the beginning date of the person's community
3877	3877	supervision, however, if the defendant by a motion in writing shows
3878	3878	good cause. In determining good cause, the judge may consider but
3879	3879	is not limited to: the defendant's school and work schedule, the
3880	3880	defendant's health, the distance that the defendant must travel to
3881	3881	attend an educational program, and the fact that the defendant
3882	3882	resides out of state, has no valid driver's license, or does not
3883	3883	have access to transportation. The judge shall set out the finding
3884	3884	of good cause for waiver in the judgment. If a defendant is
3885	3885	required, as a condition of community supervision, to attend an
3886	3886	educational program or if the court waives the educational program
3887	3887	requirement, the court clerk shall immediately report that fact to
3888	3888	the Texas Department of Motor Vehicles [Public Safety], on a form
3889	3889	prescribed by the department, for inclusion in the person's driving
3890	3890	record. If the court grants an extension of time in which the
3891	3891	person may complete the program, the court clerk shall immediately
3892	3892	report that fact to the Texas Department of Motor Vehicles [Public
3893	3893	Safety] on a form prescribed by the department. The report must
3894	3894	include the beginning date of the person's community supervision.
3895	3895	Upon the person's successful completion of the educational program,
3896	3896	the person's instructor shall give notice to the Texas Department
3897	3897	of Motor Vehicles [Public Safety] for inclusion in the person's
3898	3898	driving record and to the community supervision and corrections
3899	3899	department. The community supervision and corrections department
3900	3900	shall then forward the notice to the court clerk for filing. If the
3901	3901	Texas Department of Motor Vehicles [Public Safety] does not receive
3902	3902	notice that a defendant required to complete an educational program
3903	3903	has successfully completed the program within the period required
3904	3904	by this section, as shown on department records, the department
3905	3905	shall revoke the defendant's driver's license, permit, or privilege
3906	3906	or prohibit the person from obtaining a license or permit, as
3907	3907	provided by Sections 521.344(e) and (f), Transportation Code. The
3908	3908	Texas Department of Motor Vehicles [Public Safety] may not
3909	3909	reinstate a license suspended under this subsection unless the
3910	3910	person whose license was suspended makes application to the
3911	3911	department for reinstatement of the person's license and pays to
3912	3912	the department a reinstatement fee of $50. The Texas Department of
3913	3913	Motor Vehicles [Public Safety] shall remit all fees collected under
3914	3914	this subsection to the comptroller for deposit in the general
3915	3915	revenue fund. This subsection does not apply to a defendant if a
3916	3916	jury recommends community supervision for the defendant and also
3917	3917	recommends that the defendant's driver's license not be suspended.
3918	3918	(j) The judge shall require a defendant who is punished
3919	3919	under Section 49.09, Penal Code, as a condition of community
3920	3920	supervision, to attend and successfully complete an educational
3921	3921	program for repeat offenders approved by the Texas Commission on
3922	3922	Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
3923	3923	Abuse shall adopt rules and shall monitor, coordinate, and provide
3924	3924	training to persons providing the educational programs. The Texas
3925	3925	Commission on Alcohol and Drug Abuse is responsible for the
3926	3926	administration of the certification of approved educational
3927	3927	programs and may charge a nonrefundable application fee for initial
3928	3928	certification of approval or for renewal of the certification. The
3929	3929	judge may waive the educational program requirement only if the
3930	3930	defendant by a motion in writing shows good cause. In determining
3931	3931	good cause, the judge may consider the defendant's school and work
3932	3932	schedule, the defendant's health, the distance that the defendant
3933	3933	must travel to attend an educational program, and whether the
3934	3934	defendant resides out of state or does not have access to
3935	3935	transportation. The judge shall set out the finding of good cause
3936	3936	in the judgment. If a defendant is required, as a condition of
3937	3937	community supervision, to attend an educational program, the court
3938	3938	clerk shall immediately report that fact to the Texas Department of
3939	3939	Motor Vehicles [Public Safety], on a form prescribed by the
3940	3940	department, for inclusion in the defendant's driving record. The
3941	3941	report must include the beginning date of the defendant's community
3942	3942	supervision. On the defendant's successful completion of the
3943	3943	educational program for repeat offenders, the defendant's
3944	3944	instructor shall give notice to the Texas Department of Motor
3945	3945	Vehicles [Public Safety] for inclusion in the defendant's driving
3946	3946	record and to the community supervision and corrections department.
3947	3947	The community supervision and corrections department shall then
3948	3948	forward the notice to the court clerk for filing. If the Texas
3949	3949	Department of Motor Vehicles [Public Safety] does not receive
3950	3950	notice that a defendant required to complete an educational program
3951	3951	has successfully completed the program for repeat offenders within
3952	3952	the period required by the judge, as shown on department records,
3953	3953	the department shall revoke the defendant's driver's license,
3954	3954	permit, or privilege or prohibit the defendant from obtaining a
3955	3955	license or permit, as provided by Sections 521.344(e) and (f),
3956	3956	Transportation Code.
3957	3957	(l) If the Texas Department of Motor Vehicles [Public
3958	3958	Safety] receives notice that a defendant has been required or
3959	3959	permitted to attend a subsequent educational program under
3960	3960	Subsection (h), (j), or (k) of this section, although the
3961	3961	previously required attendance had been waived, but the judge has
3962	3962	not ordered a period of suspension, the department shall suspend
3963	3963	the defendant's driver's license, permit, or operating privilege,
3964	3964	or shall issue an order prohibiting the defendant from obtaining a
3965	3965	license or permit for a period of 365 days.
3966	3966	(m) If a judge revokes the community supervision of a
3967	3967	defendant for an offense under Section 49.04, Penal Code, or an
3968	3968	offense involving the operation of a motor vehicle under Section
3969	3969	49.07, Penal Code, and the driver's license or privilege to operate
3970	3970	a motor vehicle has not previously been ordered by the judge to be
3971	3971	suspended, or if the suspension was previously probated, the judge
3972	3972	shall suspend the license or privilege for a period provided under
3973	3973	Subchapter O, Chapter 521, Transportation Code. The suspension
3974	3974	shall be reported to the Texas Department of Motor Vehicles [Public
3975	3975	Safety] as provided under Section 521.347, Transportation Code.
3976	3976	SECTION 5B.03. Articles 45.050(c) and (f), Code of Criminal
3977	3977	Procedure, are amended to read as follows:
3978	3978	(c) If a child fails to obey an order of a justice or
3979	3979	municipal court under circumstances that would constitute contempt
3980	3980	of court, the justice or municipal court, after providing notice
3981	3981	and an opportunity to be heard, may:
3982	3982	(1) refer the child to the appropriate juvenile court
3983	3983	for delinquent conduct for contempt of the justice or municipal
3984	3984	court order; or
3985	3985	(2) retain jurisdiction of the case, hold the child in
3986	3986	contempt of the justice or municipal court, and order either or both
3987	3987	of the following:
3988	3988	(A) that the contemnor pay a fine not to exceed
3989	3989	$500; or
3990	3990	(B) that the Texas Department of Motor Vehicles
3991	3991	[Public Safety] suspend the contemnor's driver's license or permit
3992	3992	or, if the contemnor does not have a license or permit, to deny the
3993	3993	issuance of a license or permit to the contemnor until the contemnor
3994	3994	fully complies with the orders of the court.
3995	3995	(f) A court that orders suspension or denial of a driver's
3996	3996	license or permit under Subsection (c)(2)(B) shall notify the Texas
3997	3997	Department of Motor Vehicles [Public Safety] on receiving proof of
3998	3998	compliance with the orders of the court.
3999	3999	SECTION 5B.04. Articles 45.051(b-1) and (b-3), Code of
4000	4000	Criminal Procedure, are amended to read as follows:
4001	4001	(b-1) If the defendant is younger than 25 years of age and
4002	4002	the offense committed by the defendant is a traffic offense
4003	4003	classified as a moving violation:
4004	4004	(1) Subsection (b)(8) does not apply;
4005	4005	(2) during the deferral period, the judge shall
4006	4006	require the defendant to complete a driving safety course approved
4007	4007	under Chapter 1001, Education Code; and
4008	4008	(3) if the defendant holds a provisional license,
4009	4009	during the deferral period the judge shall require that the
4010	4010	defendant be examined by the Texas Department of Motor Vehicles
4011	4011	[Public Safety] as required by Section 521.161(b)(2),
4012	4012	Transportation Code; a defendant is not exempt from the examination
4013	4013	regardless of whether the defendant was examined previously.
4014	4014	(b-3) The fee collected under Subsection (b-2) must be
4015	4015	deposited to the credit of a special account in the general revenue
4016	4016	fund and may be used only by the Texas Department of Motor Vehicles
4017	4017	[Public Safety] for the administration of Chapter 521,
4018	4018	Transportation Code.
4019	4019	SECTION 5B.05. Articles 45.0511(c), (c-1), and (l), Code of
4020	4020	Criminal Procedure, are amended to read as follows:
4021	4021	(c) The court shall enter judgment on the defendant's plea
4022	4022	of no contest or guilty at the time the plea is made, defer
4023	4023	imposition of the judgment, and allow the defendant 90 days to
4024	4024	successfully complete the approved driving safety course or
4025	4025	motorcycle operator training course and present to the court:
4026	4026	(1) a uniform certificate of completion of the driving
4027	4027	safety course or a verification of completion of the motorcycle
4028	4028	operator training course;
4029	4029	(2) unless the judge proceeds under Subsection (c-1),
4030	4030	the defendant's driving record as maintained by the Texas
4031	4031	Department of Motor Vehicles [Public Safety], if any, showing that
4032	4032	the defendant had not completed an approved driving safety course
4033	4033	or motorcycle operator training course, as applicable, within the
4034	4034	12 months preceding the date of the offense;
4035	4035	(3) an affidavit stating that the defendant was not
4036	4036	taking a driving safety course or motorcycle operator training
4037	4037	course, as applicable, under this article on the date the request to
4038	4038	take the course was made and had not completed such a course that is
4039	4039	not shown on the defendant's driving record within the 12 months
4040	4040	preceding the date of the offense; and
4041	4041	(4) if the defendant does not have a valid Texas
4042	4042	driver's license or permit and is a member, or the spouse or
4043	4043	dependent child of a member, of the United States military forces
4044	4044	serving on active duty, an affidavit stating that the defendant was
4045	4045	not taking a driving safety course or motorcycle operator training
4046	4046	course, as appropriate, in another state on the date the request to
4047	4047	take the course was made and had not completed such a course within
4048	4048	the 12 months preceding the date of the offense.
4049	4049	(c-1) In this subsection, "TexasOnline" has the meaning
4050	4050	assigned by Section 2054.003, Government Code. As an alternative
4051	4051	to receiving the defendant's driving record under Subsection
4052	4052	(c)(2), the judge, at the time the defendant requests a driving
4053	4053	safety course or motorcycle operator training course dismissal
4054	4054	under this article, may require the defendant to pay a fee in an
4055	4055	amount equal to the sum of the amount of the fee established by
4056	4056	Section 521.048, Transportation Code, and the TexasOnline fee and,
4057	4057	using TexasOnline, may request the Texas Department of Motor
4058	4058	Vehicles [Public Safety] to provide the judge with a copy of the
4059	4059	defendant's driving record that shows the information described by
4060	4060	Section 521.047(b), Transportation Code. As soon as practicable
4061	4061	and using TexasOnline, the Texas Department of Motor Vehicles
4062	4062	[Public Safety] shall provide the judge with the requested copy of
4063	4063	the defendant's driving record. The fee authorized by this
4064	4064	subsection is in addition to any other fee required under this
4065	4065	article. If the copy of the defendant's driving record provided to
4066	4066	the judge under this subsection shows that the defendant has not
4067	4067	completed an approved driving safety course or motorcycle operator
4068	4068	training course, as appropriate, within the 12 months preceding the
4069	4069	date of the offense, the judge shall allow the defendant to complete
4070	4070	the appropriate course as provided by this article. The custodian
4071	4071	of a municipal or county treasury who receives fees collected under
4072	4072	this subsection shall keep a record of the fees and, without
4073	4073	deduction or proration, forward the fees to the comptroller, with
4074	4074	and in the manner required for other fees and costs received in
4075	4075	connection with criminal cases. The comptroller shall credit fees
4076	4076	received under this subsection to the Texas Department of Motor
4077	4077	Vehicles [Public Safety].
4078	4078	(l) When a defendant complies with Subsection (c), the court
4079	4079	shall:
4080	4080	(1) remove the judgment and dismiss the charge;
4081	4081	(2) report the fact that the defendant successfully
4082	4082	completed a driving safety course or a motorcycle operator training
4083	4083	course and the date of completion to the Texas Department of Motor
4084	4084	Vehicles [Public Safety] for inclusion in the person's driving
4085	4085	record; and
4086	4086	(3) state in that report whether the course was taken
4087	4087	under this article to provide information necessary to determine
4088	4088	eligibility to take a subsequent course under Subsection (b).
4089	4089	SECTION 5B.06. Article 45.052(d), Code of Criminal
4090	4090	Procedure, is amended to read as follows:
4091	4091	(d) A charge dismissed under this article may not be part of
4092	4092	the defendant's criminal record or driving record or used for any
4093	4093	purpose. However, if the charge was for a traffic offense, the
4094	4094	court shall report to the Texas Department of Motor Vehicles
4095	4095	[Public Safety] that the defendant successfully completed the teen
4096	4096	court program and the date of completion for inclusion in the
4097	4097	defendant's driving record.
4098	4098	SECTION 5B.07. Article 45.054(f), Code of Criminal
4099	4099	Procedure, is amended to read as follows:
4100	4100	(f) In addition to any other order authorized by this
4101	4101	article, the court may order the Texas Department of Motor Vehicles
4102	4102	[Public Safety] to suspend the driver's license or permit of the
4103	4103	individual who is the subject of the hearing or, if the individual
4104	4104	does not have a license or permit, to deny the issuance of a license
4105	4105	or permit to the individual for a period specified by the court not
4106	4106	to exceed 365 days.
4107	4107	PART C. EDUCATION CODE
4108	4108	SECTION 5C.01. Section 22.051(a), Education Code, is
4109	4109	amended to read as follows:
4110	4110	(a) In this subchapter, "professional employee of a school
4111	4111	district" includes:
4112	4112	(1) a superintendent, principal, teacher, including a
4113	4113	substitute teacher, supervisor, social worker, counselor, nurse,
4114	4114	and teacher's aide employed by a school district;
4115	4115	(2) a teacher employed by a company that contracts
4116	4116	with a school district to provide the teacher's services to the
4117	4117	district;
4118	4118	(3) a student in an education preparation program
4119	4119	participating in a field experience or internship;
4120	4120	(4) a school bus driver certified in accordance with
4121	4121	standards and qualifications adopted by the Texas Department of
4122	4122	Motor Vehicles [Public Safety of the State of Texas];
4123	4123	(5) a member of the board of trustees of an independent
4124	4124	school district; and
4125	4125	(6) any other person employed by a school district
4126	4126	whose employment requires certification and the exercise of
4127	4127	discretion.
4128	4128	SECTION 5C.02. Section 51.207(c), Education Code, is
4129	4129	amended to read as follows:
4130	4130	(c) The commissioner of motor vehicles [Public Safety
4131	4131	Commission] shall adopt rules providing for the inspection under
4132	4132	Subchapter F, Chapter 548, Transportation Code, of motor vehicles
4133	4133	not registered in this state for purposes of Subsection (b).
4134	4134	SECTION 5C.03. Section 1001.001(5), Education Code, is
4135	4135	amended to read as follows:
4136	4136	(5) "Department" means the Texas Department of Motor
4137	4137	Vehicles [Public Safety].
4138	4138	PART D. ELECTION CODE
4139	4139	SECTION 5D.01. Section 13.002(c), Election Code, is amended
4140	4140	to read as follows:
4141	4141	(c) A registration application must include:
4142	4142	(1) the applicant's first name, middle name, if any,
4143	4143	last name, and former name, if any;
4144	4144	(2) the month, day, and year of the applicant's birth;
4145	4145	(3) a statement that the applicant is a United States
4146	4146	citizen;
4147	4147	(4) a statement that the applicant is a resident of the
4148	4148	county;
4149	4149	(5) a statement that the applicant has not been
4150	4150	determined by a final judgment of a court exercising probate
4151	4151	jurisdiction to be:
4152	4152	(A) totally mentally incapacitated; or
4153	4153	(B) partially mentally incapacitated without the
4154	4154	right to vote;
4155	4155	(6) a statement that the applicant has not been
4156	4156	finally convicted of a felony or that the applicant is a felon
4157	4157	eligible for registration under Section 13.001;
4158	4158	(7) the applicant's residence address or, if the
4159	4159	residence has no address, the address at which the applicant
4160	4160	receives mail and a concise description of the location of the
4161	4161	applicant's residence;
4162	4162	(8) the following information:
4163	4163	(A) the applicant's Texas driver's license number
4164	4164	or the number of a personal identification certificate [card]
4165	4165	issued by the Department of Public Safety or the Texas Department of
4166	4166	Motor Vehicles, as applicable, or a statement by the applicant that
4167	4167	the applicant has not been issued a driver's license or personal
4168	4168	identification certificate [card]; or
4169	4169	(B) if the applicant has not been issued a number
4170	4170	described by Paragraph (A), the last four digits of the applicant's
4171	4171	social security number or a statement by the applicant that the
4172	4172	applicant has not been issued a social security number;
4173	4173	(9) if the application is made by an agent, a statement
4174	4174	of the agent's relationship to the applicant; and
4175	4175	(10) the city and county in which the applicant
4176	4176	formerly resided.
4177	4177	SECTION 5D.02. Section 13.004(c), Election Code, is amended
4178	4178	to read as follows:
4179	4179	(c) The following information furnished on a registration
4180	4180	application is confidential and does not constitute public
4181	4181	information for purposes of Chapter 552, Government Code:
4182	4182	(1) a social security number;
4183	4183	(2) a Texas driver's license number;
4184	4184	(3) a number of a personal identification certificate
4185	4185	[card] issued by the Department of Public Safety or the Texas
4186	4186	Department of Motor Vehicles, as applicable;
4187	4187	(4) an indication that an applicant is interested in
4188	4188	working as an election judge; or
4189	4189	(5) the residence address of the applicant, if the
4190	4190	applicant is a federal judge or state judge, as defined by Section
4191	4191	13.0021, and included an affidavit with the registration
4192	4192	application under Section 13.0021 or the registrar has received an
4193	4193	affidavit submitted under Section 15.0215.
4194	4194	SECTION 5D.03. Section 13.072(a), Election Code, is amended
4195	4195	to read as follows:
4196	4196	(a) Unless the registrar challenges the applicant, the
4197	4197	registrar shall approve the application if:
4198	4198	(1) the registrar determines that an application
4199	4199	complies with Section 13.002 and indicates that the applicant is
4200	4200	eligible for registration; and
4201	4201	(2) for an applicant who has not included a statement
4202	4202	described by Section 13.002(c)(8) [13.002(c)(8)(C)], the registrar
4203	4203	verifies with the secretary of state:
4204	4204	(A) the applicant's Texas driver's license number
4205	4205	or number of a personal identification certificate [card] issued by
4206	4206	the Department of Public Safety or the Texas Department of Motor
4207	4207	Vehicles, as applicable; or
4208	4208	(B) the last four digits of the applicant's
4209	4209	social security number.
4210	4210	SECTION 5D.04. Section 13.122(a), Election Code, is amended
4211	4211	to read as follows:
4212	4212	(a) In addition to the other statements and spaces for
4213	4213	entering information that appear on an officially prescribed
4214	4214	registration application form, each official form must include:
4215	4215	(1) the statement: "I understand that giving false
4216	4216	information to procure a voter registration is perjury and a crime
4217	4217	under state and federal law.";
4218	4218	(2) a space for the applicant's registration number;
4219	4219	(3) a space for the applicant's Texas driver's license
4220	4220	number or number of a personal identification certificate [card]
4221	4221	issued by the Department of Public Safety or the Texas Department of
4222	4222	Motor Vehicles, as applicable;
4223	4223	(4) a space for the applicant's telephone number;
4224	4224	(5) a space for the applicant's social security
4225	4225	number;
4226	4226	(6) a space for the applicant's sex;
4227	4227	(7) a statement indicating that the furnishing of the
4228	4228	applicant's telephone number and sex is optional;
4229	4229	(8) a space or box for indicating whether the
4230	4230	applicant or voter is submitting new registration information or a
4231	4231	change in current registration information;
4232	4232	(9) a statement instructing a voter who is using the
4233	4233	form to make a change in current registration information to enter
4234	4234	the voter's name and the changed information in the appropriate
4235	4235	spaces on the form;
4236	4236	(10) a statement that if the applicant declines to
4237	4237	register to vote, that fact will remain confidential and will be
4238	4238	used only for voter registration purposes;
4239	4239	(11) a statement that if the applicant does register
4240	4240	to vote, information regarding the agency or office to which the
4241	4241	application is submitted will remain confidential and will be used
4242	4242	only for voter registration purposes;
4243	4243	(12) a space or box for indicating whether the
4244	4244	applicant is interested in working as an election judge;
4245	4245	(13) a statement warning that a conviction for making
4246	4246	a false statement may result in imprisonment for up to the maximum
4247	4247	amount of time provided by law, a fine of up to the maximum amount
4248	4248	provided by law, or both the imprisonment and the fine; and
4249	4249	(14) any other voter registration information
4250	4250	required by federal law or considered appropriate and required by
4251	4251	the secretary of state.
4252	4252	SECTION 5D.05. Section 16.031(a), Election Code, is amended
4253	4253	to read as follows:
4254	4254	(a) The registrar shall cancel a voter's registration
4255	4255	immediately on receipt of:
4256	4256	(1) notice under Section 13.072(b) or 15.021 or a
4257	4257	response under Section 15.053 that the voter's residence is outside
4258	4258	the county;
4259	4259	(2) an abstract of the voter's death certificate under
4260	4260	Section 16.001(a) or an abstract of an application indicating that
4261	4261	the voter is deceased under Section 16.001(b);
4262	4262	(3) an abstract of a final judgment of the voter's
4263	4263	total mental incapacity, partial mental incapacity without the
4264	4264	right to vote, conviction of a felony, or disqualification under
4265	4265	Section 16.002, 16.003, or 16.004;
4266	4266	(4) notice under Section 112.012 that the voter has
4267	4267	applied for a limited ballot in another county;
4268	4268	(5) notice from a voter registration official in
4269	4269	another state that the voter has registered to vote outside this
4270	4270	state; or
4271	4271	(6) notice from the secretary of state that the voter
4272	4272	has registered to vote in another county, as determined by the
4273	4273	voter's driver's license number or personal identification
4274	4274	certificate [card] number issued by the Department of Public Safety
4275	4275	or the Texas Department of Motor Vehicles, as applicable, or social
4276	4276	security number.
4277	4277	SECTION 5D.06. The heading to Subchapter C, Chapter 20,
4278	4278	Election Code, is amended to read as follows:
4279	4279	SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
4280	4280	SECTION 5D.07. Section 20.061, Election Code, is amended to
4281	4281	read as follows:
4282	4282	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
4283	4283	provisions of this chapter apply to the Texas Department of Motor
4284	4284	Vehicles [Public Safety] except provisions that conflict with this
4285	4285	subchapter.
4286	4286	SECTION 5D.08. Section 20.062(a), Election Code, is amended
4287	4287	to read as follows:
4288	4288	(a) The Texas Department of Motor Vehicles [Public Safety]
4289	4289	shall prescribe and use a form and procedure that combines the
4290	4290	department's application form for a license or certificate [card]
4291	4291	with an officially prescribed voter registration application form.
4292	4292	SECTION 5D.09. Section 20.063(a), Election Code, is amended
4293	4293	to read as follows:
4294	4294	(a) The Texas Department of Motor Vehicles [Public Safety]
4295	4295	shall provide to each person who applies in person at the
4296	4296	department's offices for an original or renewal of a driver's
4297	4297	license, a personal identification certificate [card], or a
4298	4298	duplicate or corrected license or certificate [card] an opportunity
4299	4299	to complete a voter registration application form.
4300	4300	SECTION 5D.10. Section 20.064, Election Code, is amended to
4301	4301	read as follows:
4302	4302	Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas
4303	4303	Department of Motor Vehicles [Public Safety] is not required to
4304	4304	comply with the procedures prescribed by this chapter relating to
4305	4305	the form for a declination of voter registration.
4306	4306	SECTION 5D.11. Section 20.065(a), Election Code, is amended
4307	4307	to read as follows:
4308	4308	(a) At the end of each day a Texas Department of Motor
4309	4309	Vehicles [Public Safety] office is regularly open for business, the
4310	4310	manager of the office shall deliver by mail or in person to the
4311	4311	voter registrar of the county in which the office is located each
4312	4312	completed voter registration application and applicable change of
4313	4313	address submitted to a department employee.
4314	4314	SECTION 5D.12. Section 20.066(a), Election Code, is amended
4315	4315	to read as follows:
4316	4316	(a) If a person completes a voter registration application
4317	4317	as provided by Section 20.063, the Texas Department of Motor
4318	4318	Vehicles [Public Safety] shall:
4319	4319	(1) input the information provided on the application
4320	4320	into the department's electronic data system; and
4321	4321	(2) inform the applicant that the applicant's
4322	4322	electronic signature provided to the department will be used for
4323	4323	submitting the applicant's voter registration application.
4324	4324	SECTION 5D.13. Section 63.0101, Election Code, is amended
4325	4325	to read as follows:
4326	4326	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
4327	4327	The following documentation is acceptable as proof of
4328	4328	identification under this chapter:
4329	4329	(1) a driver's license or personal identification
4330	4330	certificate [card] issued to the person by the Department of Public
4331	4331	Safety or the Texas Department of Motor Vehicles, as applicable, or
4332	4332	a similar document issued to the person by an agency of another
4333	4333	state, regardless of whether the license or certificate [card] has
4334	4334	expired;
4335	4335	(2) a form of identification containing the person's
4336	4336	photograph that establishes the person's identity;
4337	4337	(3) a birth certificate or other document confirming
4338	4338	birth that is admissible in a court of law and establishes the
4339	4339	person's identity;
4340	4340	(4) United States citizenship papers issued to the
4341	4341	person;
4342	4342	(5) a United States passport issued to the person;
4343	4343	(6) official mail addressed to the person by name from
4344	4344	a governmental entity;
4345	4345	(7) a copy of a current utility bill, bank statement,
4346	4346	government check, paycheck, or other government document that shows
4347	4347	the name and address of the voter; or
4348	4348	(8) any other form of identification prescribed by the
4349	4349	secretary of state.
4350	4350	SECTION 5D.14. Section 65.060, Election Code, is amended to
4351	4351	read as follows:
4352	4352	Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
4353	4353	LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
4354	4354	AFFIDAVIT. A social security number, Texas driver's license
4355	4355	number, or number of a personal identification certificate [card]
4356	4356	issued by the Department of Public Safety or the Texas Department of
4357	4357	Motor Vehicles, as applicable, furnished on a provisional ballot
4358	4358	affidavit is confidential and does not constitute public
4359	4359	information for purposes of Chapter 552, Government Code. The
4360	4360	general custodian of election records shall ensure that a social
4361	4361	security number, Texas driver's license number, or number of a
4362	4362	personal identification certificate [card] issued by the
4363	4363	Department of Public Safety or the Texas Department of Motor
4364	4364	Vehicles, as applicable, is excluded from disclosure.
4365	4365	PART E. FAMILY CODE
4366	4366	SECTION 5E.01. Sections 54.042(a), (b), (f), and (g),
4367	4367	Family Code, are amended to read as follows:
4368	4368	(a) A juvenile court, in a disposition hearing under Section
4369	4369	54.04, shall:
4370	4370	(1) order the Texas Department of Motor Vehicles
4371	4371	[Public Safety] to suspend a child's driver's license or permit, or
4372	4372	if the child does not have a license or permit, to deny the issuance
4373	4373	of a license or permit to the child if the court finds that the child
4374	4374	has engaged in conduct that violates a law of this state enumerated
4375	4375	in Section 521.342(a), Transportation Code; or
4376	4376	(2) notify the Texas Department of Motor Vehicles
4377	4377	[Public Safety] of the adjudication, if the court finds that the
4378	4378	child has engaged in conduct that violates a law of this state
4379	4379	enumerated in Section 521.372(a), Transportation Code.
4380	4380	(b) A juvenile court, in a disposition hearing under Section
4381	4381	54.04, may order the Texas Department of Motor Vehicles [Public
4382	4382	Safety] to suspend a child's driver's license or permit or, if the
4383	4383	child does not have a license or permit, to deny the issuance of a
4384	4384	license or permit to the child, if the court finds that the child
4385	4385	has engaged in conduct that violates Section 28.08, Penal Code.
4386	4386	(f) A juvenile court, in a disposition hearing under Section
4387	4387	54.04, may order the Texas Department of Motor Vehicles [Public
4388	4388	Safety] to suspend a child's driver's license or permit or, if the
4389	4389	child does not have a license or permit, to deny the issuance of a
4390	4390	license or permit to the child for a period not to exceed 12 months
4391	4391	if the court finds that the child has engaged in conduct in need of
4392	4392	supervision or delinquent conduct other than the conduct described
4393	4393	by Subsection (a).
4394	4394	(g) A juvenile court that places a child on probation under
4395	4395	Section 54.04 may require as a reasonable condition of the
4396	4396	probation that if the child violates the probation, the court may
4397	4397	order the Texas Department of Motor Vehicles [Public Safety] to
4398	4398	suspend the child's driver's license or permit or, if the child does
4399	4399	not have a license or permit, to deny the issuance of a license or
4400	4400	permit to the child for a period not to exceed 12 months. The court
4401	4401	may make this order if a child that is on probation under this
4402	4402	condition violates the probation. A suspension under this
4403	4403	subsection is cumulative of any other suspension under this
4404	4404	section.
4405	4405	SECTION 5E.02. Section 54.0481(c), Family Code, as added by
4406	4406	Chapter 908 (H.B. 2884), Acts of the 80th Legislature, Regular
4407	4407	Session, 2007, is amended to read as follows:
4408	4408	(c) On or before the fifth anniversary of the date the
4409	4409	juvenile probation department receives a payment for a victim that
4410	4410	is not claimed by the victim, the department shall make and document
4411	4411	a good faith effort to locate and notify the victim that an
4412	4412	unclaimed payment exists, including:
4413	4413	(1) confirming, if possible, the victim's most recent
4414	4414	address with the Texas Department of Motor Vehicles [Public
4415	4415	Safety]; and
4416	4416	(2) making at least one additional certified mailing
4417	4417	to the victim.
4418	4418	SECTION 5E.03. Sections 203.007(b) and (g), Family Code,
4419	4419	are amended to read as follows:
4420	4420	(b) A domestic relations office is entitled to obtain from
4421	4421	the Department of Public Safety or the Texas Department of Motor
4422	4422	Vehicles, as applicable, records that relate to:
4423	4423	(1) a person's date of birth;
4424	4424	(2) a person's most recent address;
4425	4425	(3) a person's current driver's license status;
4426	4426	(4) motor vehicle accidents involving a person;
4427	4427	(5) reported traffic-law violations of which a person
4428	4428	has been convicted; and
4429	4429	(6) a person's criminal history record information.
4430	4430	(g) The Department of Public Safety, the Texas Department of
4431	4431	Motor Vehicles, the Texas Workforce Commission, or the office of
4432	4432	the secretary of state may charge a domestic relations office a fee
4433	4433	not to exceed the charge paid by the Title IV-D agency for
4434	4434	furnishing records under this section.
4435	4435	SECTION 5E.04. Section 232.014(b), Family Code, is amended
4436	4436	to read as follows:
4437	4437	(b) A fee collected by the Texas Department of
4438	4438	Transportation, [or] the Department of Public Safety, or the Texas
4439	4439	Department of Motor Vehicles shall be deposited to the credit of the
4440	4440	state highway fund.
4441	4441	PART F. FINANCE CODE
4442	4442	SECTION 5F.01. Section 277.002(a), Finance Code, is amended
4443	4443	to read as follows:
4444	4444	(a) A financial institution shall require, as a condition of
4445	4445	opening or maintaining a business checking account, that the
4446	4446	applicant or account holder provide:
4447	4447	(1) if the business is a sole proprietorship:
4448	4448	(A) the name of the business owner;
4449	4449	(B) the physical address of the business;
4450	4450	(C) the home address of the business owner; and
4451	4451	(D) the driver's license number of the business
4452	4452	owner or the personal identification certificate [card] number
4453	4453	issued to the business owner by the Department of Public Safety or
4454	4454	the Texas Department of Motor Vehicles, as applicable; or
4455	4455	(2) if the business is a corporation or other legal
4456	4456	entity, a copy of the business's certificate of incorporation or a
4457	4457	comparable document and an assumed name certificate, if any.
4458	4458	PART G. HEALTH AND SAFETY CODE
4459	4459	SECTION 5G.01. Section 12.013(b), Health and Safety Code,
4460	4460	is amended to read as follows:
4461	4461	(b) Based on the studies and investigations, the department
4462	4462	periodically shall recommend to the Texas Department of Motor
4463	4463	Vehicles [Public Safety] appropriate policies, standards, and
4464	4464	procedures relating to those medical aspects.
4465	4465	SECTION 5G.02. Section 12.092(b), Health and Safety Code,
4466	4466	is amended to read as follows:
4467	4467	(b) The medical advisory board shall assist the Texas
4468	4468	Department of Motor Vehicles [Public Safety of the State of Texas]
4469	4469	in determining whether:
4470	4470	(1) an applicant for a driver's license or a license
4471	4471	holder is capable of safely operating a motor vehicle; or
4472	4472	(2) an applicant for or holder of a license to carry a
4473	4473	concealed handgun under the authority of Subchapter H, Chapter 411,
4474	4474	Government Code, is capable of exercising sound judgment with
4475	4475	respect to the proper use and storage of a handgun.
4476	4476	SECTION 5G.03. Sections 12.095(a) and (c), Health and
4477	4477	Safety Code, are amended to read as follows:
4478	4478	(a) If the Texas Department of Motor Vehicles [Public Safety
4479	4479	of the State of Texas] requests an opinion or recommendation from
4480	4480	the medical advisory board as to the ability of an applicant or
4481	4481	license holder to operate a motor vehicle safely or to exercise
4482	4482	sound judgment with respect to the proper use and storage of a
4483	4483	handgun, the commissioner or a person designated by the
4484	4484	commissioner shall convene a panel to consider the case or question
4485	4485	submitted by that department.
4486	4486	(c) Each panel member shall prepare an individual
4487	4487	independent written report for the Texas Department of Motor
4488	4488	Vehicles [Public Safety of the State of Texas] that states the
4489	4489	member's opinion as to the ability of the applicant or license
4490	4490	holder to operate a motor vehicle safely or to exercise sound
4491	4491	judgment with respect to the proper use and storage of a handgun, as
4492	4492	appropriate. In the report the panel member may also make
4493	4493	recommendations relating to that department's subsequent action.
4494	4494	SECTION 5G.04. Section 12.096(a), Health and Safety Code,
4495	4495	is amended to read as follows:
4496	4496	(a) A physician licensed to practice medicine in this state
4497	4497	may inform the Texas Department of Motor Vehicles [Public Safety of
4498	4498	the State of Texas] or the medical advisory board, orally or in
4499	4499	writing, of the name, date of birth, and address of a patient older
4500	4500	than 15 years of age whom the physician has diagnosed as having a
4501	4501	disorder or disability specified in a rule of the Texas Department
4502	4502	of Motor Vehicles [Public Safety of the State of Texas].
4503	4503	SECTION 5G.05. Section 12.097, Health and Safety Code, is
4504	4504	amended to read as follows:
4505	4505	Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
4506	4506	records, reports, and testimony relating to the medical condition
4507	4507	of an applicant or license holder:
4508	4508	(1) are for the confidential use of the medical
4509	4509	advisory board, a panel, or the Texas Department of Motor Vehicles
4510	4510	[Public Safety of the State of Texas];
4511	4511	(2) are privileged information; and
4512	4512	(3) may not be disclosed to any person or used as
4513	4513	evidence in a trial except as provided by Subsection (b).
4514	4514	(b) In a subsequent proceeding under Subchapter N, Chapter
4515	4515	521, Transportation Code, the medical standards division may
4516	4516	provide a copy of the report of the medical advisory board or panel
4517	4517	and a medical record or report relating to an applicant or license
4518	4518	holder to:
4519	4519	(1) the Texas Department of Motor Vehicles [Public
4520	4520	Safety of the State of Texas];
4521	4521	(2) the applicant or license holder; and
4522	4522	(3) the officer who presides at the hearing.
4523	4523	SECTION 5G.06. Sections 49.002(a), (c), (d), (e), (f), (g),
4524	4524	(h), and (m), Health and Safety Code, are amended to read as
4525	4525	follows:
4526	4526	(a) In consultation with the Texas Department of Motor
4527	4527	Vehicles [Public Safety] and organ procurement organizations, the
4528	4528	department shall establish the Donor Education, Awareness, and
4529	4529	Registry Program of Texas.
4530	4530	(c) The Texas Department of Motor Vehicles [Public Safety]
4531	4531	at least monthly shall electronically transfer to the organization
4532	4532	selected by the commissioner as provided by Subsection (b) the
4533	4533	name, date of birth, driver's license number, most recent address,
4534	4534	and any other relevant information in the possession of the Texas
4535	4535	Department of Motor Vehicles [Public Safety] for any person who
4536	4536	indicates on the person's driver's license application under
4537	4537	Section 521.401, Transportation Code, that the person would like to
4538	4538	make an anatomical gift and consents in writing to the release of
4539	4539	the information by the Texas Department of Motor Vehicles [Public
4540	4540	Safety] to the organization for inclusion in the statewide
4541	4541	Internet-based registry of organ, tissue, and eye donors.
4542	4542	(d) The contract between the department and the
4543	4543	organization selected by the commissioner as provided by Subsection
4544	4544	(b) must require the organization to:
4545	4545	(1) make information obtained from the Texas
4546	4546	Department of Motor Vehicles [Public Safety] under Subsection (c)
4547	4547	available to qualified organ, tissue, and eye bank organizations;
4548	4548	(2) allow potential donors to submit information in
4549	4549	writing directly to the organization for inclusion in the statewide
4550	4550	Internet-based registry of organ, tissue, and eye donors;
4551	4551	(3) maintain the statewide Internet-based registry of
4552	4552	organ, tissue, and eye donors in a manner that allows qualified
4553	4553	organ, tissue, and eye bank organizations to immediately access
4554	4554	organ, tissue, and eye donation information 24 hours a day, seven
4555	4555	days a week, through electronic and telephonic methods; and
4556	4556	(4) protect the confidentiality and privacy of the
4557	4557	individuals providing information to the statewide Internet-based
4558	4558	registry, regardless of the manner in which the information is
4559	4559	provided.
4560	4560	(e) Except as otherwise provided by Subsection (d)(3) or
4561	4561	this subsection, the Texas Department of Motor Vehicles [Public
4562	4562	Safety], the organization selected by the commissioner under
4563	4563	Subsection (b), or a qualified organ, tissue, and eye bank
4564	4564	organization may not sell, rent, or otherwise share any information
4565	4565	provided to the registry. A qualified organ, tissue, and eye bank
4566	4566	organization may share any information provided to the registry
4567	4567	with an organ procurement organization or a health care provider or
4568	4568	facility providing medical care to a potential donor as necessary
4569	4569	to properly identify an individual at the time of donation.
4570	4570	(f) The Texas Department of Motor Vehicles [Public Safety],
4571	4571	the organization selected by the commissioner under Subsection (b),
4572	4572	or the qualified organ, tissue, and eye bank organizations may not
4573	4573	use any demographic or specific data provided to the registry for
4574	4574	any fund-raising activities. Data may only be transmitted from the
4575	4575	selected organization to qualified organ, tissue, and eye bank
4576	4576	organizations through electronic and telephonic methods using
4577	4577	secure, encrypted technology to preserve the integrity of the data
4578	4578	and the privacy of the individuals providing information.
4579	4579	(g) In each office authorized to issue driver's licenses or
4580	4580	personal identification certificates, the Texas Department of
4581	4581	Motor Vehicles [Public Safety] shall make available educational
4582	4582	materials developed by the Texas Organ, Tissue, and Eye Donor
4583	4583	Council established under Chapter 113.
4584	4584	(h) The Texas Department of Motor Vehicles [Public Safety]
4585	4585	shall remit to the comptroller the money collected under Sections
4586	4586	521.421(g) and 521.422(c), Transportation Code, as provided by
4587	4587	those subsections. A county assessor-collector shall remit to the
4588	4588	comptroller any money collected under Section 502.1745,
4589	4589	Transportation Code, as provided by that section. Money remitted
4590	4590	to the comptroller in accordance with this subsection that is
4591	4591	appropriated to the department must be spent in accordance with the
4592	4592	priorities established by the department in consultation with the
4593	4593	Texas Organ, Tissue, and Eye Donor Council to pay the costs of:
4594	4594	(1) maintaining, operating, and updating the
4595	4595	statewide Internet-based donor registry and establishing
4596	4596	procedures for an individual to be added to the registry; and
4597	4597	(2) designing and distributing education materials
4598	4598	for prospective donors as required under this section.
4599	4599	(m) In consultation with the Texas Organ, Tissue, and Eye
4600	4600	Donor Council, the department may implement a training program for
4601	4601	all appropriate Texas Department of Motor Vehicles [Public Safety]
4602	4602	and Texas Department of Transportation employees on the benefits of
4603	4603	organ, tissue, and eye donation and the procedures for individuals
4604	4604	to be added to the statewide Internet-based registry of organ,
4605	4605	tissue, and eye donors. The department shall implement the
4606	4606	training program before the date that the statewide Internet-based
4607	4607	registry is operational and shall conduct the training on an
4608	4608	ongoing basis for new employees.
4609	4609	SECTION 5G.07. Section 81.011, Health and Safety Code, is
4610	4610	amended to read as follows:
4611	4611	Sec. 81.011. REQUEST FOR INFORMATION. In times of
4612	4612	emergency or epidemic declared by the commissioner, the department
4613	4613	is authorized to request information pertaining to names, dates of
4614	4614	birth, and most recent addresses of individuals from the driver's
4615	4615	license records of the Texas Department of Motor Vehicles [Public
4616	4616	Safety] for the purpose of notification to individuals of the need
4617	4617	to receive certain immunizations or diagnostic, evaluation, or
4618	4618	treatment services for suspected communicable diseases.
4619	4619	SECTION 5G.08. Section 113.051(a), Health and Safety Code,
4620	4620	as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
4621	4621	Regular Session, 2005, is amended to read as follows:
4622	4622	(a) The council is composed of:
4623	4623	(1) a representative of the department appointed by
4624	4624	the commissioner;
4625	4625	(2) a representative of the Texas Department of Motor
4626	4626	Vehicles [Public Safety] appointed by the commissioner of motor
4627	4627	vehicles [public safety director];
4628	4628	(3) a representative of the Texas Department of
4629	4629	Transportation appointed by the executive director of that agency;
4630	4630	(4) five professional members appointed by the
4631	4631	commissioner as follows:
4632	4632	(A) one representative from each of the state's
4633	4633	three federally qualified organ procurement organizations
4634	4634	nominated by each organization;
4635	4635	(B) one representative who is a transplant
4636	4636	physician or nurse licensed in this state; and
4637	4637	(C) one representative of an acute care hospital
4638	4638	in this state; and
4639	4639	(5) two public members appointed by the commissioner.
4640	4640	SECTION 5G.09. Section 113.101, Health and Safety Code, as
4641	4641	added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
4642	4642	Regular Session, 2005, is amended to read as follows:
4643	4643	Sec. 113.101. GENERAL DUTIES. The council as required by
4644	4644	the department shall:
4645	4645	(1) advise the department concerning the Donor
4646	4646	Education, Awareness, and Registry Program of Texas established
4647	4647	under Chapter 49;
4648	4648	(2) advise the department on priorities for the
4649	4649	initiatives to be implemented under the Donor Education, Awareness,
4650	4650	and Registry Program of Texas established under Chapter 49;
4651	4651	(3) advise the department regarding donor education,
4652	4652	awareness, and registry outreach specifically targeted at African
4653	4653	American and Hispanic populations;
4654	4654	(4) advise the commissioner, commissioner of motor
4655	4655	vehicles [public safety director], and director of the Texas
4656	4656	Department of Transportation on the allocation of money received by
4657	4657	the comptroller for the activities authorized under Chapter 49; and
4658	4658	(5) advise the department, the Texas Department of
4659	4659	Motor Vehicles [Public Safety], and the Texas Department of
4660	4660	Transportation regarding necessary performance standards and
4661	4661	quality control measures concerning the operation of the statewide
4662	4662	Internet-based donor registry, as well as related donor educational
4663	4663	programs.
4664	4664	SECTION 5G.10. Sections 382.0622(a) and (c), Health and
4665	4665	Safety Code, are amended to read as follows:
4666	4666	(a) Clean Air Act fees consist of:
4667	4667	(1) fees collected by the commission under Sections
4668	4668	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
4669	4669	by law; and
4670	4670	(2) $2 of each advance payment collected by the Texas
4671	4671	Department of Motor Vehicles [Public Safety] for inspection
4672	4672	certificates for vehicles other than mopeds under Section 548.501,
4673	4673	Transportation Code.
4674	4674	(c) The commission shall request the appropriation of
4675	4675	sufficient money to safeguard the air resources of the state,
4676	4676	including payments to the commissioner of motor vehicles [Public
4677	4677	Safety Commission] for incidental costs of administering the
4678	4678	vehicle emissions inspection and maintenance program, except that
4679	4679	after the date of delegation of the state's permitting program
4680	4680	under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661
4681	4681	et seq.), fees collected under Section 382.0621(a) may be
4682	4682	appropriated only to cover costs of developing and administering
4683	4683	the federal permit program under Titles IV and V of the federal
4684	4684	Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
4685	4685	SECTION 5G.11. Sections 382.202(a) and (d), Health and
4686	4686	Safety Code, are amended to read as follows:
4687	4687	(a) The commission by resolution may request the
4688	4688	commissioner of motor vehicles [Public Safety Commission] to
4689	4689	establish a vehicle emissions inspection and maintenance program
4690	4690	under Subchapter F, Chapter 548, Transportation Code, in accordance
4691	4691	with this section and rules adopted under this section. The
4692	4692	commission by rule may establish, implement, and administer a
4693	4693	program requiring emissions-related inspections of motor vehicles
4694	4694	to be performed at inspection facilities consistent with the
4695	4695	requirements of the federal Clean Air Act (42 U.S.C. Section 7401 et
4696	4696	seq.) and its subsequent amendments.
4697	4697	(d) On adoption of a resolution by the commission and after
4698	4698	proper notice, the Texas Department of Motor Vehicles [Public
4699	4699	Safety of the State of Texas] shall implement a system that
4700	4700	requires, as a condition of obtaining a safety inspection
4701	4701	certificate issued under Subchapter C, Chapter 548, Transportation
4702	4702	Code, in a county that is included in a vehicle emissions inspection
4703	4703	and maintenance program under Subchapter F of that chapter, that
4704	4704	the vehicle, unless the vehicle is not covered by the system, be
4705	4705	annually or biennially inspected under the vehicle emissions
4706	4706	inspection and maintenance program as required by the state's air
4707	4707	quality state implementation plan. The Texas Department of Motor
4708	4708	Vehicles [Public Safety] shall implement such a system when it is
4709	4709	required by any provision of federal or state law, including any
4710	4710	provision of the state's air quality state implementation plan.
4711	4711	SECTION 5G.12. Section 382.203(c), Health and Safety Code,
4712	4712	is amended to read as follows:
4713	4713	(c) The Texas Department of Motor Vehicles [Public Safety of
4714	4714	the State of Texas] by rule may waive program requirements, in
4715	4715	accordance with standards adopted by the commission, for certain
4716	4716	vehicles and vehicle owners, including:
4717	4717	(1) the registered owner of a vehicle who cannot
4718	4718	afford to comply with the program, based on reasonable income
4719	4719	standards;
4720	4720	(2) a vehicle that cannot be brought into compliance
4721	4721	with emissions standards by performing repairs;
4722	4722	(3) a vehicle:
4723	4723	(A) on which at least $100 has been spent to bring
4724	4724	the vehicle into compliance; and
4725	4725	(B) that the department:
4726	4726	(i) can verify was driven fewer than 5,000
4727	4727	miles since the last safety inspection; and
4728	4728	(ii) reasonably determines will be driven
4729	4729	fewer than 5,000 miles during the period before the next safety
4730	4730	inspection is required; and
4731	4731	(4) a vehicle for which parts are not readily
4732	4732	available.
4733	4733	SECTION 5G.13. Section 382.204(a), Health and Safety Code,
4734	4734	is amended to read as follows:
4735	4735	(a) The commission and the Texas Department of Motor
4736	4736	Vehicles [Public Safety of the State of Texas] jointly shall
4737	4737	develop a program component for enforcing vehicle emissions testing
4738	4738	and standards by use of remote or automatic emissions detection and
4739	4739	analysis equipment.
4740	4740	SECTION 5G.14. Sections 382.205(c), (d), (e), and (g),
4741	4741	Health and Safety Code, are amended to read as follows:
4742	4742	(c) In consultation with the Texas Department of Motor
4743	4743	Vehicles [Public Safety of the State of Texas], the commission may
4744	4744	contract with one or more private entities to provide testing
4745	4745	equipment, training, and related services to inspection stations in
4746	4746	exchange for part of the testing fee. A contract under this
4747	4747	subsection may apply to one specified area of the state or to the
4748	4748	entire state. The commission at least once during each year shall
4749	4749	review each contract entered into under this subsection to
4750	4750	determine whether the contracting entity is performing
4751	4751	satisfactorily under the terms of the contract. Immediately after
4752	4752	completing the review, the commission shall prepare a report
4753	4753	summarizing the review and send a copy of the report to the speaker
4754	4754	of the house of representatives, the lieutenant governor, and the
4755	4755	governor.
4756	4756	(d) The Texas Department of Motor Vehicles [Public Safety of
4757	4757	the State of Texas] by rule shall adopt:
4758	4758	(1) testing procedures in accordance with motor
4759	4759	vehicle emissions testing equipment specifications; and
4760	4760	(2) procedures for issuing or denying an emissions
4761	4761	inspection certificate.
4762	4762	(e) The commission and the Texas Department of Motor
4763	4763	Vehicles [Public Safety of the State of Texas] by joint rule may
4764	4764	adopt procedures to encourage a stable private market for providing
4765	4765	emissions testing to the public in all areas of an affected county,
4766	4766	including:
4767	4767	(1) allowing facilities to perform one or more types
4768	4768	of emissions tests; and
4769	4769	(2) any other measure the commission and the Texas
4770	4770	Department of Motor Vehicles [Public Safety] consider appropriate.
4771	4771	(g) Subject to Subsection (h), the commission and the Texas
4772	4772	Department of Motor Vehicles [Public Safety of the State of Texas]
4773	4773	by rule may allow alternative vehicle emissions testing if:
4774	4774	(1) the technology provides accurate and reliable
4775	4775	results;
4776	4776	(2) the technology is widely and readily available to
4777	4777	persons interested in performing alternative vehicle emissions
4778	4778	testing; and
4779	4779	(3) the use of alternative testing is not likely to
4780	4780	substantially affect federal approval of the state's air quality
4781	4781	state implementation plan.
4782	4782	SECTION 5G.15. Section 382.206(a), Health and Safety Code,
4783	4783	is amended to read as follows:
4784	4784	(a) The commission and the Texas Department of Motor
4785	4785	Vehicles [Public Safety of the State of Texas] may collect
4786	4786	inspection and maintenance information derived from the emissions
4787	4787	inspection and maintenance program, including:
4788	4788	(1) inspection results;
4789	4789	(2) inspection station information;
4790	4790	(3) information regarding vehicles operated on
4791	4791	federal facilities;
4792	4792	(4) vehicle registration information; and
4793	4793	(5) other data the United States Environmental
4794	4794	Protection Agency requires.
4795	4795	SECTION 5G.16. Sections 382.207(a), (b), (d), and (e),
4796	4796	Health and Safety Code, are amended to read as follows:
4797	4797	(a) The Texas Department of Motor Vehicles [Public Safety of
4798	4798	the State of Texas] by rule shall adopt standards and procedures for
4799	4799	establishing vehicle emissions inspection stations authorized and
4800	4800	licensed by the state.
4801	4801	(b) A vehicle emissions inspection may be performed at a
4802	4802	decentralized independent inspection station or at a centralized
4803	4803	inspection facility operated or licensed by the state. In
4804	4804	developing the program for vehicle emissions inspections, the Texas
4805	4805	Department of Motor Vehicles [Public Safety] shall make all
4806	4806	reasonable efforts to preserve the present decentralized system.
4807	4807	(d) The Texas Department of Motor Vehicles [Public Safety]
4808	4808	may authorize enforcement personnel or other individuals to remove,
4809	4809	disconnect, adjust, or make inoperable vehicle emissions control
4810	4810	equipment, devices, or systems and to operate a vehicle in the
4811	4811	tampered condition in order to perform a quality control audit of an
4812	4812	inspection station or other quality control activities as necessary
4813	4813	to assess and ensure the effectiveness of the vehicle emissions
4814	4814	inspection and maintenance program.
4815	4815	(e) The Texas Department of Motor Vehicles [Public Safety]
4816	4816	shall develop a challenge station program to provide for the
4817	4817	reinspection of a motor vehicle at the option of the owner of the
4818	4818	vehicle to ensure quality control of a vehicle emissions inspection
4819	4819	and maintenance system.
4820	4820	SECTION 5G.17. Sections 382.209(a), (d), (e), and (i),
4821	4821	Health and Safety Code, are amended to read as follows:
4822	4822	(a) The commission and the commissioner of motor vehicles
4823	4823	[Public Safety Commission] by joint rule shall establish and
4824	4824	authorize the commissioners court of a participating county to
4825	4825	implement a low-income vehicle repair assistance, retrofit, and
4826	4826	accelerated vehicle retirement program subject to agency oversight
4827	4827	that may include reasonable periodic commission audits.
4828	4828	(d) Subject to the availability of funds, a low-income
4829	4829	vehicle repair assistance, retrofit, and accelerated vehicle
4830	4830	retirement program established under this section shall provide
4831	4831	monetary or other compensatory assistance for:
4832	4832	(1) repairs directly related to bringing certain
4833	4833	vehicles that have failed a required emissions test into compliance
4834	4834	with emissions requirements;
4835	4835	(2) a replacement vehicle or replacement assistance
4836	4836	for a vehicle that has failed a required emissions test and for
4837	4837	which the cost of repairs needed to bring the vehicle into
4838	4838	compliance is uneconomical; and
4839	4839	(3) installing retrofit equipment on vehicles that
4840	4840	have failed a required emissions test, if practically and
4841	4841	economically feasible, in lieu of or in combination with repairs
4842	4842	performed under Subdivision (1). The commission and the Texas
4843	4843	Department of Motor Vehicles [Public Safety of the State of Texas]
4844	4844	shall establish standards and specifications for retrofit
4845	4845	equipment that may be used under this section.
4846	4846	(e) A vehicle is not eligible to participate in a low-income
4847	4847	vehicle repair assistance, retrofit, and accelerated vehicle
4848	4848	retirement program established under this section unless:
4849	4849	(1) the vehicle is capable of being operated;
4850	4850	(2) the registration of the vehicle:
4851	4851	(A) is current; and
4852	4852	(B) reflects that the vehicle has been registered
4853	4853	in the county implementing the program for the 12 months preceding
4854	4854	the application for participation in the program;
4855	4855	(3) the commissioners court of the county
4856	4856	administering the program determines that the vehicle meets the
4857	4857	eligibility criteria adopted by the commission, the Texas
4858	4858	Department of Transportation, and the commissioner of motor
4859	4859	vehicles [Public Safety Commission];
4860	4860	(4) if the vehicle is to be repaired, the repair is
4861	4861	done by a repair facility recognized by the Texas Department of
4862	4862	Motor Vehicles [Public Safety], which may be an independent or
4863	4863	private entity licensed by the state; and
4864	4864	(5) if the vehicle is to be retired under this
4865	4865	subsection and Section 382.213, the replacement vehicle is a
4866	4866	qualifying motor vehicle.
4867	4867	(i) Notwithstanding the vehicle replacement requirements
4868	4868	provided by Subsection (d)(2), the commission by rule may provide
4869	4869	monetary or other compensatory assistance under the low-income
4870	4870	vehicle repair assistance, retrofit, and accelerated vehicle
4871	4871	retirement program, subject to the availability of funds, for the
4872	4872	replacement of a vehicle that meets the following criteria:
4873	4873	(1) the vehicle is gasoline-powered and is at least 10
4874	4874	years old;
4875	4875	(2) the vehicle owner meets applicable financial
4876	4876	eligibility criteria;
4877	4877	(3) the vehicle meets the requirements provided by
4878	4878	Subsections (e)(1) and (2); and
4879	4879	(4) the vehicle has passed a Texas Department of Motor
4880	4880	Vehicles [Public Safety] motor vehicle safety inspection or safety
4881	4881	and emissions inspection within the 15-month period before the
4882	4882	application is submitted.
4883	4883	SECTION 5G.18. Section 382.216, Health and Safety Code, is
4884	4884	amended to read as follows:
4885	4885	Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
4886	4886	VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
4887	4887	commission, the Texas Department of Transportation, and the
4888	4888	commissioner of motor vehicles [Public Safety Commission] may,
4889	4889	subject to federal limitations:
4890	4890	(1) encourage counties likely to exceed federal clean
4891	4891	air standards to implement voluntary:
4892	4892	(A) motor vehicle emissions inspection and
4893	4893	maintenance programs; and
4894	4894	(B) low-income vehicle repair assistance,
4895	4895	retrofit, and accelerated vehicle retirement programs;
4896	4896	(2) establish incentives for counties to voluntarily
4897	4897	implement motor vehicle emissions inspection and maintenance
4898	4898	programs and low-income vehicle repair assistance, retrofit, and
4899	4899	accelerated vehicle retirement programs; and
4900	4900	(3) designate a county that voluntarily implements a
4901	4901	motor vehicle emissions inspection and maintenance program or a
4902	4902	low-income vehicle repair assistance, retrofit, and accelerated
4903	4903	vehicle retirement program as a "Clean Air County" and give
4904	4904	preference to a county designated as a Clean Air County in any
4905	4905	federal or state clean air grant program.
4906	4906	SECTION 5G.19. Section 485.032(c), Health and Safety Code,
4907	4907	is amended to read as follows:
4908	4908	(c) It is an affirmative defense to prosecution under this
4909	4909	section that:
4910	4910	(1) the person making the delivery is an adult having
4911	4911	supervisory responsibility over the person younger than 18 years of
4912	4912	age and:
4913	4913	(A) the adult permits the use of the abusable
4914	4914	volatile chemical only under the adult's direct supervision and in
4915	4915	the adult's presence and only for its intended purpose; and
4916	4916	(B) the adult removes the chemical from the
4917	4917	person younger than 18 years of age on completion of that use; or
4918	4918	(2) the person to whom the abusable volatile chemical
4919	4919	was delivered presented to the defendant an apparently valid Texas
4920	4920	driver's license or an identification certificate, issued by the
4921	4921	Department of Public Safety of the State of Texas or the Texas
4922	4922	Department of Motor Vehicles, as applicable, and containing a
4923	4923	physical description consistent with the person's appearance, that
4924	4924	purported to establish that the person was 18 years of age or older.
4925	4925	SECTION 5G.20. Section 758.001(2), Health and Safety Code,
4926	4926	is amended to read as follows:
4927	4927	(2) "Department" means the Texas Department of Motor
4928	4928	Vehicles [Public Safety].
4929	4929	SECTION 5G.21. Sections 780.002(a) and (b), Health and
4930	4930	Safety Code, are amended to read as follows:
4931	4931	(a) On the first Monday of each month, the Texas Department
4932	4932	of Motor Vehicles [Public Safety] shall remit the surcharges
4933	4933	collected during the previous month under the driver responsibility
4934	4934	program operated by that department under Chapter 708,
4935	4935	Transportation Code, to the comptroller.
4936	4936	(b) The comptroller shall deposit 49.5 percent of the money
4937	4937	received under Subsection (a) to the credit of the account
4938	4938	established under this chapter and 49.5 percent of the money to the
4939	4939	general revenue fund. The remaining one percent of the amount of
4940	4940	the surcharges shall be deposited to the general revenue fund and
4941	4941	may be appropriated only to the Texas Department of Motor Vehicles
4942	4942	[Public Safety] for administration of the driver responsibility
4943	4943	program operated by that department under Chapter 708,
4944	4944	Transportation Code.
4945	4945	SECTION 5G.22. Section 113.001(4), Health and Safety Code,
4946	4946	as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
4947	4947	Regular Session, 2005, is repealed.
4948	4948	PART H. HUMAN RESOURCES CODE
4949	4949	SECTION 5H.01. Section 23.002, Human Resources Code, is
4950	4950	amended to read as follows:
4951	4951	Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
4952	4952	this chapter, "licensing authority" means:
4953	4953	(1) the Parks and Wildlife Department; and
4954	4954	(2) the Texas Department of Motor Vehicles [Public
4955	4955	Safety of the State of Texas].
4956	4956	PART I. NATURAL RESOURCES CODE
4957	4957	SECTION 5I.01. Section 113.134, Natural Resources Code, is
4958	4958	amended to read as follows:
4959	4959	Sec. 113.134. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC
4960	4960	SAFETY]. The Texas Department of Motor Vehicles [Public Safety]
4961	4961	shall cooperate with the commission in the administration and
4962	4962	enforcement of this chapter and the rules promulgated under this
4963	4963	chapter to the extent that they are applicable to motor vehicles.
4964	4964	SECTION 5I.02. Section 116.074, Natural Resources Code, is
4965	4965	amended to read as follows:
4966	4966	Sec. 116.074. COOPERATION OF THE TEXAS DEPARTMENT OF MOTOR
4967	4967	VEHICLES [PUBLIC SAFETY]. The Texas Department of Motor Vehicles
4968	4968	[Public Safety] shall cooperate with the commission in
4969	4969	administering and enforcing this chapter and rules of the
4970	4970	commission relating to regulation of motor vehicles required to be
4971	4971	registered under this subchapter.
4972	4972	PART J. OCCUPATIONS CODE
4973	4973	SECTION 5J.01. Section 1805.052(b), Occupations Code, is
4974	4974	amended to read as follows:
4975	4975	(b) Except as provided by Section 1805.053, a report
4976	4976	required by this chapter must contain:
4977	4977	(1) the name and address of the seller of the business
4978	4978	machine;
4979	4979	(2) a complete and accurate description of the
4980	4980	business machine for which the report is made, including the serial
4981	4981	number or other identifying marks or symbols;
4982	4982	(3) the seller's certification that the information is
4983	4983	true and complete; and
4984	4984	(4) the seller's driver's license number or Department
4985	4985	of Public Safety or Texas Department of Motor Vehicles, as
4986	4986	applicable, identification certificate [card] number, as recorded
4987	4987	by the dealer on physical presentation of the license or
4988	4988	identification certificate [card] by the seller.
4989	4989	PART K. TAX CODE
4990	4990	SECTION 5K.01. Sections 11.43(f) and (m), Tax Code, are
4991	4991	amended to read as follows:
4992	4992	(f) The comptroller, in prescribing the contents of the
4993	4993	application form for each kind of exemption, shall ensure that the
4994	4994	form requires an applicant to furnish the information necessary to
4995	4995	determine the validity of the exemption claim. The form must
4996	4996	require an applicant to provide the applicant's name and driver's
4997	4997	license number, personal identification certificate number, or
4998	4998	social security account number. The comptroller shall include on
4999	4999	the forms a notice of the penalties prescribed by Section 37.10,
5000	5000	Penal Code, for making or filing an application containing a false
5001	5001	statement. The comptroller shall include, on application forms for
5002	5002	exemptions that do not have to be claimed annually, a statement
5003	5003	explaining that the application need not be made annually and that
5004	5004	if the exemption is allowed, the applicant has a duty to notify the
5005	5005	chief appraiser when the applicant's entitlement to the exemption
5006	5006	ends. In this subsection:
5007	5007	(1) "Driver's license" has the meaning assigned that
5008	5008	term by Section 521.001, Transportation Code.
5009	5009	(2) "Personal identification certificate" means a
5010	5010	certificate issued by the Department of Public Safety or the Texas
5011	5011	Department of Motor Vehicles, as applicable, under Subchapter E,
5012	5012	Chapter 521, Transportation Code.
5013	5013	(m) Notwithstanding Subsections (a) and (k), a person who
5014	5014	receives an exemption under Section 11.13, other than an exemption
5015	5015	under Section 11.13(c) or (d) for an individual 65 years of age or
5016	5016	older, in a tax year is entitled to receive an exemption under
5017	5017	Section 11.13(c) or (d) for an individual 65 years of age or older
5018	5018	in the next tax year on the same property without applying for the
5019	5019	exemption if the person becomes 65 years of age in that next year as
5020	5020	shown by:
5021	5021	(1) information in the records of the appraisal
5022	5022	district that was provided to the appraisal district by the
5023	5023	individual in an application for an exemption under Section 11.13
5024	5024	on the property or in correspondence relating to the property; or
5025	5025	(2) the information provided by the Texas Department
5026	5026	of Public Safety or the Texas Department of Motor Vehicles, as
5027	5027	applicable, to the appraisal district under Section 521.049,
5028	5028	Transportation Code.
5029	5029	PART L. VERNON'S TEXAS CIVIL STATUTES
5030	5030	SECTION 5L.01. Section 4, Chapter 232 (S.B. 839), Acts of
5031	5031	the 67th Legislature, Regular Session, 1981 (Article 6419a,
5032	5032	Vernon's Texas Civil Statutes), is amended to read as follows:
5033	5033	Sec. 4. RECORDS RELATING TO ACCIDENTS OR VIOLATIONS. If a
5034	5034	person operating a railroad locomotive or train is involved in an
5035	5035	accident with another train or a motor vehicle or is arrested for
5036	5036	violation of a law relating to the person's operation of a
5037	5037	locomotive or train, the number or other identifying information
5038	5038	about the person's [operator's, commercial operator's, or
5039	5039	chauffeur's] driver's license or commercial driver's license may
5040	5040	not be included in any report of the accident or violation, and the
5041	5041	person's involvement in the accident or violation may not be
5042	5042	recorded in the person's individual driving record maintained by
5043	5043	the Texas Department of Motor Vehicles [Public Safety].
5044	5044	SECTION 5L.02. Section 1, Chapter 466 (H.B. 1910), Acts of
5045	5045	the 71st Legislature, Regular Session, 1989 (Article 6701j-2,
5046	5046	Vernon's Texas Civil Statutes), is amended to read as follows:
5047	5047	Sec. 1. (a) All driving safety courses approved by the
5048	5048	Texas Department of Motor Vehicles [Public Safety] or by a court as
5049	5049	authorized by law must include instruction on railroad and highway
5050	5050	grade crossing safety.
5051	5051	(b) The Texas Department of Motor Vehicles [Public Safety]
5052	5052	shall by rule provide minimum standards of course content relating
5053	5053	to operation of vehicles at railroad and highway grade crossings.
5054	5054	ARTICLE 6. TRANSFERS OF CERTAIN POWERS, DUTIES,
5055	5055	OBLIGATIONS, AND RIGHTS OF ACTION
5056	5056	SECTION 6.01. (a) All powers, duties, obligations, and
5057	5057	rights of action of the Motor Vehicle Division of the Texas
5058	5058	Department of Transportation are transferred to the Texas
5059	5059	Department of Motor Vehicles, and all powers, duties, obligations,
5060	5060	and rights of action of the Texas Transportation Commission in
5061	5061	connection or associated with the Motor Vehicle Division of the
5062	5062	Texas Department of Transportation are transferred to the
5063	5063	commissioner of motor vehicles on November 1, 2009.
5064	5064	(b) In connection with the transfers required by Subsection
5065	5065	(a) of this section, the personnel, furniture, computers, other
5066	5066	property and equipment, files, and related materials used by the
5067	5067	Motor Vehicle Division of the Texas Department of Transportation
5068	5068	are transferred to the Texas Department of Motor Vehicles.
5069	5069	(c) The Texas Department of Motor Vehicles shall continue
5070	5070	any proceeding involving the Motor Vehicle Division of the Texas
5071	5071	Department of Transportation that was brought before the effective
5072	5072	date of this Act in accordance with the law in effect on the date the
5073	5073	proceeding was brought, and the former law is continued in effect
5074	5074	for that purpose.
5075	5075	(d) A certificate, license, document, permit, registration,
5076	5076	or other authorization issued by the Motor Vehicle Division of the
5077	5077	Texas Department of Transportation that is in effect on the
5078	5078	effective date of this Act remains valid for the period for which it
5079	5079	was issued unless suspended or revoked by the Texas Department of
5080	5080	Motor Vehicles or the commissioner of motor vehicles, as
5081	5081	applicable.
5082	5082	(e) A rule adopted by the Texas Transportation Commission or
5083	5083	the director of the Texas Department of Transportation in
5084	5084	connection with or relating to the Motor Vehicle Division of that
5085	5085	department continues in effect until it is amended or repealed by
5086	5086	the commissioner of motor vehicles or the Texas Department of Motor
5087	5087	Vehicles, as applicable.
5088	5088	(f) The unobligated and unexpended balance of any
5089	5089	appropriations made to the Texas Department of Transportation in
5090	5090	connection with or relating to the Motor Vehicle Division of that
5091	5091	department for the state fiscal biennium ending August 31, 2009, is
5092	5092	transferred and reappropriated to the Texas Department of Motor
5093	5093	Vehicles for the purpose of implementing the powers, duties,
5094	5094	obligations, and rights of action transferred to that department
5095	5095	under Subsection (a) of this section.
5096	5096	SECTION 6.02. (a) All powers, duties, obligations, and
5097	5097	rights of action of the Vehicle Titles and Registration Division of
5098	5098	the Texas Department of Transportation are transferred to the Texas
5099	5099	Department of Motor Vehicles, and all powers, duties, obligations,
5100	5100	and rights of action of the Texas Transportation Commission in
5101	5101	connection or associated with the Vehicle Titles and Registration
5102	5102	Division of the Texas Department of Transportation are transferred
5103	5103	to the commissioner of motor vehicles on November 1, 2009.
5104	5104	(b) In connection with the transfers required by Subsection
5105	5105	(a) of this section, the personnel, furniture, computers, other
5106	5106	property and equipment, files, and related materials used by the
5107	5107	Vehicle Titles and Registration Division of the Texas Department of
5108	5108	Transportation are transferred to the Texas Department of Motor
5109	5109	Vehicles.
5110	5110	(c) The Texas Department of Motor Vehicles shall continue
5111	5111	any proceeding involving the Vehicle Titles and Registration
5112	5112	Division of the Texas Department of Transportation that was brought
5113	5113	before the effective date of this Act in accordance with the law in
5114	5114	effect on the date the proceeding was brought, and the former law is
5115	5115	continued in effect for that purpose.
5116	5116	(d) A certificate, license, document, permit, registration,
5117	5117	or other authorization issued by the Vehicle Titles and
5118	5118	Registration Division of the Texas Department of Transportation
5119	5119	that is in effect on the effective date of this Act remains valid
5120	5120	for the period for which it was issued unless suspended or revoked
5121	5121	by the Texas Department of Motor Vehicles or the commissioner of
5122	5122	motor vehicles, as applicable.
5123	5123	(e) A rule adopted by the Texas Transportation Commission or
5124	5124	the director of the Texas Department of Transportation in
5125	5125	connection with or relating to the Vehicle Titles and Registration
5126	5126	Division of that department continues in effect until it is amended
5127	5127	or repealed by the commissioner of motor vehicles or the Texas
5128	5128	Department of Motor Vehicles, as applicable.
5129	5129	(f) The unobligated and unexpended balance of any
5130	5130	appropriations made to the Texas Department of Transportation in
5131	5131	connection with or relating to the Vehicle Titles and Registration
5132	5132	Division of that department for the state fiscal biennium ending
5133	5133	August 31, 2009, is transferred and reappropriated to the Texas
5134	5134	Department of Motor Vehicles for the purpose of implementing the
5135	5135	powers, duties, obligations, and rights of action transferred to
5136	5136	that department under Subsection (a) of this section.
5137	5137	SECTION 6.03. (a) All powers, duties, obligations, and
5138	5138	rights of action of the Automobile Burglary and Theft Prevention
5139	5139	Authority Office of the Texas Department of Transportation under
5140	5140	Article 4413(37), Revised Statutes, are transferred to the Texas
5141	5141	Department of Motor Vehicles, and all powers, duties, obligations,
5142	5142	and rights of action of the Texas Transportation Commission in
5143	5143	connection or associated with the Automobile Burglary and Theft
5144	5144	Prevention Authority Office of the Texas Department of
5145	5145	Transportation are transferred to the commissioner of motor
5146	5146	vehicles on November 1, 2009.
5147	5147	(b) In connection with the transfers required by Subsection
5148	5148	(a) of this section, the personnel, furniture, computers, other
5149	5149	property and equipment, files, and related materials used by the
5150	5150	Automobile Burglary and Theft Prevention Authority Office of the
5151	5151	Texas Department of Transportation are transferred to the Texas
5152	5152	Department of Motor Vehicles.
5153	5153	(c) The Texas Department of Motor Vehicles shall continue
5154	5154	any proceeding involving the Automobile Burglary and Theft
5155	5155	Prevention Authority Office of the Texas Department of
5156	5156	Transportation that was brought before the effective date of this
5157	5157	Act in accordance with the law in effect on the date the proceeding
5158	5158	was brought, and the former law is continued in effect for that
5159	5159	purpose.
5160	5160	(d) A certificate, license, document, permit, registration,
5161	5161	or other authorization issued by the Automobile Burglary and Theft
5162	5162	Prevention Authority Office of the Texas Department of
5163	5163	Transportation that is in effect on the effective date of this Act
5164	5164	remains valid for the period for which it was issued unless
5165	5165	suspended or revoked by the Texas Department of Motor Vehicles or
5166	5166	the commissioner of motor vehicles, as applicable.
5167	5167	(e) A rule adopted by the Texas Transportation Commission or
5168	5168	the director of the Texas Department of Transportation in
5169	5169	connection with or relating to the Automobile Burglary and Theft
5170	5170	Prevention Authority Office of that department continues in effect
5171	5171	until it is amended or repealed by the commissioner of motor
5172	5172	vehicles or the Texas Department of Motor Vehicles, as applicable.
5173	5173	(f) The unobligated and unexpended balance of any
5174	5174	appropriations made to the Texas Department of Transportation in
5175	5175	connection with or relating to the Automobile Burglary and Theft
5176	5176	Prevention Authority Office of that department for the state fiscal
5177	5177	biennium ending August 31, 2009, is transferred and reappropriated
5178	5178	to the Texas Department of Motor Vehicles for the purpose of
5179	5179	implementing the powers, duties, obligations, and rights of action
5180	5180	transferred to that department under Subsection (a) of this
5181	5181	section.
5182	5182	SECTION 6.04. (a) All powers, duties, obligations, and
5183	5183	rights of action of the Traffic Operations Division of the Texas
5184	5184	Department of Transportation related to the collection and analysis
5185	5185	of traffic crash data are transferred to the Texas Department of
5186	5186	Motor Vehicles on November 1, 2009.
5187	5187	(b) In connection with the transfers required by Subsection
5188	5188	(a) of this section, the personnel, furniture, computers, other
5189	5189	property and equipment, files, and related materials used by the
5190	5190	Traffic Operations Division of the Texas Department of
5191	5191	Transportation related to the collection and analysis of traffic
5192	5192	crash data are transferred to the Texas Department of Motor
5193	5193	Vehicles.
5194	5194	(c) The Texas Department of Motor Vehicles shall continue
5195	5195	any proceeding involving the Traffic Operations Division of the
5196	5196	Texas Department of Transportation related to the collection and
5197	5197	analysis of traffic crash data that was brought before the
5198	5198	effective date of this Act in accordance with the law in effect on
5199	5199	the date the proceeding was brought, and the former law is continued
5200	5200	in effect for that purpose.
5201	5201	(d) A certificate, license, document, permit, registration,
5202	5202	or other authorization issued by the Traffic Operations Division of
5203	5203	the Texas Department of Transportation related to the collection
5204	5204	and analysis of traffic crash data that is in effect on the
5205	5205	effective date of this Act remains valid for the period for which it
5206	5206	was issued unless suspended or revoked by the Texas Department of
5207	5207	Motor Vehicles or the commissioner of motor vehicles, as
5208	5208	applicable.
5209	5209	(e) A rule adopted by the Texas Transportation Commission or
5210	5210	the director of the Texas Department of Transportation in
5211	5211	connection with or relating to the Traffic Operations Division of
5212	5212	that department related to the collection and analysis of traffic
5213	5213	crash data continues in effect until it is amended or repealed by
5214	5214	the commissioner of motor vehicles or the Texas Department of Motor
5215	5215	Vehicles, as applicable.
5216	5216	(f) The unobligated and unexpended balance of any
5217	5217	appropriations made to the Traffic Operations Division of the Texas
5218	5218	Department of Transportation related to the collection and analysis
5219	5219	of traffic crash data for the state fiscal biennium ending August
5220	5220	31, 2009, is transferred and reappropriated to the Texas Department
5221	5221	of Motor Vehicles for the purpose of implementing the powers,
5222	5222	duties, obligations, and rights of action transferred to that
5223	5223	department under Subsection (a) of this section.
5224	5224	SECTION 6.05. (a) All powers, duties, obligations, and
5225	5225	rights of action of the Driver License Division of the Texas
5226	5226	Department of Public Safety are transferred to the Texas Department
5227	5227	of Motor Vehicles on the effective date of this Act, and all powers,
5228	5228	duties, obligations, and rights of action of the Public Safety
5229	5229	Commission in connection or associated with the Driver License
5230	5230	Division of the Texas Department of Public Safety are transferred
5231	5231	to the commissioner of motor vehicles on November 1, 2009.
5232	5232	(b) In connection with the transfers required by Subsection
5233	5233	(a) of this section, the noncommissioned personnel, furniture,
5234	5234	computers, other property and equipment, files, and related
5235	5235	materials used by the Driver License Division of the Texas
5236	5236	Department of Public Safety are transferred to the Texas Department
5237	5237	of Motor Vehicles.
5238	5238	(c) The Texas Department of Motor Vehicles shall continue
5239	5239	any proceeding involving the Driver License Division of the Texas
5240	5240	Department of Public Safety that was brought before the effective
5241	5241	date of this Act in accordance with the law in effect on the date the
5242	5242	proceeding was brought, and the former law is continued in effect
5243	5243	for that purpose.
5244	5244	(d) A certificate, license, document, permit, registration,
5245	5245	or other authorization issued by the Driver License Division of the
5246	5246	Texas Department of Public Safety that is in effect on the effective
5247	5247	date of this Act remains valid for the period for which it was
5248	5248	issued unless suspended or revoked by the Texas Department of Motor
5249	5249	Vehicles or the commissioner of motor vehicles, as applicable.
5250	5250	(e) A rule adopted by the Public Safety Commission, the
5251	5251	Texas Department of Public Safety, or the public safety director in
5252	5252	connection with or relating to the Driver License Division of that
5253	5253	department continues in effect until it is amended or repealed by
5254	5254	the commissioner of motor vehicles or the Texas Department of Motor
5255	5255	Vehicles, as applicable.
5256	5256	(f) The unobligated and unexpended balance of any
5257	5257	appropriations made to the Driver License Division of the Texas
5258	5258	Department of Public Safety for the state fiscal biennium ending
5259	5259	August 31, 2009, is transferred and reappropriated to the Texas
5260	5260	Department of Motor Vehicles for the purpose of implementing the
5261	5261	powers, duties, obligations, and rights of action transferred to
5262	5262	that department under Subsection (a) of this section.
5263	5263	SECTION 6.06. (a) All powers, duties, obligations, and
5264	5264	rights of action of the Vehicle Inspection Service of the Texas
5265	5265	Department of Public Safety are transferred to the Texas Department
5266	5266	of Motor Vehicles on the effective date of this Act, and all powers,
5267	5267	duties, obligations, and rights of action of the Public Safety
5268	5268	Commission in connection or associated with the Vehicle Inspection
5269	5269	Service of the Texas Department of Public Safety are transferred to
5270	5270	the commissioner of motor vehicles on November 1, 2009.
5271	5271	(b) In connection with the transfers required by Subsection
5272	5272	(a) of this section, the noncommissioned personnel, furniture,
5273	5273	computers, other property and equipment, files, and related
5274	5274	materials used by the Vehicle Inspection Service of the Texas
5275	5275	Department of Public Safety are transferred to the Texas Department
5276	5276	of Motor Vehicles.
5277	5277	(c) The Texas Department of Motor Vehicles shall continue
5278	5278	any proceeding involving the Vehicle Inspection Service of the
5279	5279	Texas Department of Public Safety that was brought before the
5280	5280	effective date of this Act in accordance with the law in effect on
5281	5281	the date the proceeding was brought, and the former law is continued
5282	5282	in effect for that purpose.
5283	5283	(d) A certificate, license, document, permit, registration,
5284	5284	or other authorization issued by the Vehicle Inspection Service of
5285	5285	the Texas Department of Public Safety that is in effect on the
5286	5286	effective date of this Act remains valid for the period for which it
5287	5287	was issued unless suspended or revoked by the Texas Department of
5288	5288	Motor Vehicles or the commissioner of motor vehicles, as
5289	5289	applicable.
5290	5290	(e) A rule adopted by the Public Safety Commission, the
5291	5291	Texas Department of Public Safety, or the public safety director in
5292	5292	connection with or relating to the Vehicle Inspection Service of
5293	5293	that department continues in effect until it is amended or repealed
5294	5294	by the commissioner of motor vehicles or the Texas Department of
5295	5295	Motor Vehicles, as applicable.
5296	5296	(f) The unobligated and unexpended balance of any
5297	5297	appropriations made to the Vehicle Inspection Service of the Texas
5298	5298	Department of Public Safety for the state fiscal biennium ending
5299	5299	August 31, 2009, is transferred and reappropriated to the Texas
5300	5300	Department of Motor Vehicles for the purpose of implementing the
5301	5301	powers, duties, obligations, and rights of action transferred to
5302	5302	that department under Subsection (a) of this section.
5303	5303	SECTION 6.07. Not later than October 31, 2009, the
5304	5304	commissioner of motor vehicles shall enter into a memorandum of
5305	5305	understanding with the Texas Department of Transportation to
5306	5306	implement Sections 6.01-6.04 of this article.
5307	5307	SECTION 6.08. Not later than October 31, 2009, the
5308	5308	commissioner of motor vehicles shall enter into a memorandum of
5309	5309	understanding with the Department of Public Safety of the State of
5310	5310	Texas to implement Sections 6.05 and 6.06 of this article.
5311	5311	ARTICLE 7. APPOINTMENT OF COMMISSIONER OF MOTOR VEHICLES
5312	5312	SECTION 7.01. Not later than October 1, 2009, the governor
5313	5313	shall appoint the commissioner of motor vehicles in accordance with
5314	5314	Subchapter B, Chapter 1001, Transportation Code, as added by this
5315	5315	Act.
5316	5316	ARTICLE 8. EFFECTIVE DATE
5317	5317	SECTION 8.01. This Act takes effect September 1, 2009.