By: McClendon, Davis of Dallas, Phillips, H.B. No. 3097
Harper-Brown, Smith of Tarrant, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the creation, organization, duties, and functions of
the Texas Department of Motor Vehicles and to the use of certain
specialty license plate fees to fund the Choose Life and Choose
Adoption account; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
SECTION 1.01. Title 7, Transportation Code, is amended by
adding Subtitle M to read as follows:
SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1001. ORGANIZATION OF DEPARTMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this subtitle:
(1) "Board" means the board of the department.
(2) "Department" means the Texas Department of Motor
Vehicles.
Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
department is created as an agency of this state.
(b) In addition to the other duties required of the Texas
Department of Motor Vehicles, the department shall administer and
enforce:
(1) Subtitle A;
(2) Chapters 642, 643, 645, 646, and 648;
(3) Chapters 2301 and 2302, Occupations Code; and
(4) Article 4413(37), Revised Statutes.
Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
is composed of an executive director appointed by the board and
other employees required to efficiently implement:
(1) this subtitle;
(2) other applicable vehicle laws of this state; and
(3) other laws that grant jurisdiction to or are
applicable to the department.
Sec. 1001.004. DIVISIONS. The board shall organize the
department into divisions to accomplish the department's functions
and the duties assigned to it, including divisions for:
(1) administration;
(2) motor carriers;
(3) motor vehicles; and
(4) vehicle titles and registration.
Sec. 1001.005. SUNSET PROVISION. The department is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the department
is abolished September 1, 2015.
[Sections 1001.006-1001.020 reserved for expansion]
SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES
Sec. 1001.021. BOARD. (a) The board consists of nine
members appointed by the governor with the advice and consent of the
senate. Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national origin
of the appointees.
(b) Three members shall be appointed to represent motor
vehicle dealers, one of whom must be a recreational vehicle dealer
or a heavy-duty truck dealer; one member shall be appointed to
represent county tax assessor-collectors; one member shall be
appointed to represent the motor carrier industry; one member shall
be appointed to represent law enforcement agencies; and three
members shall be appointed to represent the general public. The
member appointed to represent law enforcement agencies may not be a
state employee.
(c) A person may not be a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by the
department;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the department other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
Sec. 1001.022. TERMS. Members of the board serve staggered
six-year terms, with the terms of either one or two members expiring
February 1 of each odd-numbered year.
Sec. 1001.023. PRESIDING OFFICER OF BOARD. (a) The
governor shall designate a member of the board as the presiding
officer of the board to serve in that capacity at the pleasure of
the governor.
(b) The presiding officer shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole; and
(3) appoint a member of the board to act in the
presiding officer's absence.
Sec. 1001.024. BOARD MEETINGS. The board shall hold
meetings at least quarterly or at the call of the presiding officer.
Board members shall attend the meetings of the board. The presiding
officer shall oversee the preparation of an agenda for each meeting
and ensure that a copy is provided to each board member at least
seven days before the meeting.
Sec. 1001.025. COMPENSATION. A member of the board is not
entitled to compensation, but each member is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member of the board as provided by the
General Appropriations Act.
Sec. 1001.026. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a board member:
(1) does not have at the time of taking office the
qualifications required by Section 1001.021;
(2) does not maintain during service on the board the
qualifications required by Section 1001.021;
(3) is ineligible for membership under Section
1001.021(c), 1001.031, or 1001.043;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the department has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Sec. 1001.027. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department;
(2) the programs, functions, rules, and budget of the
department;
(3) the results of the most recent formal audit of the
department;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts-of-interest; and
(5) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 1001.028. TECHNOLOGICAL SOLUTIONS. The board shall
implement a policy requiring the department to use appropriate
technological solutions to improve the department's ability to
perform its functions. The policy must ensure that the public is
able to interact with the department on the Internet.
Sec. 1001.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
Sec. 1001.030. ADVISORY COMMITTEES. (a) The board shall
establish separate advisory committees for the motor carrier, motor
vehicles, and vehicle titles and registration divisions to make
recommendations to the board or the executive director on the
operation of the applicable division. A committee has the
purposes, powers, and duties, including the manner of reporting its
work, prescribed by the board. A committee and each committee
member serves at the will of the board.
(b) The board shall appoint persons to each advisory
committee who:
(1) are selected from a list provided by the executive
director; and
(2) have knowledge about and interests in, and
represent a broad range of viewpoints about, the work of the
committee or applicable division.
(c) The advisory committee for the motor vehicles division
must include a member to represent motor vehicle manufacturers and
a member to represent the recreational vehicle industry.
(d) The advisory committee for the motor carrier division
must include a member to represent the motor transportation
industry.
(e) A member of an advisory committee may not be compensated
by the board or the department for committee service.
Sec. 1001.031. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of motor
dealers or motor carriers; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the motor vehicle or
motor carrier industry or of a tax assessor-collector or law
enforcement trade association.
(c) A person may not be a member of the board or act as the
general counsel to the board or the department if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the department.
Sec. 1001.032. COOPERATION WITH TEXAS DEPARTMENT OF
TRANSPORTATION. The board and the Texas Transportation Commission
shall establish mutually agreeable procedures to ensure that the
Texas Department of Transportation has access to information
contained in the electronic database of vehicle titles and
registrations as needed for toll operations and other functions of
the Texas Department of Transportation.
[Sections 1001.033-1001.040 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 1001.041. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the
department.
Sec. 1001.042. APPLICATION OF LAW RELATING TO ETHICAL
CONDUCT. The board, the executive director, and each employee or
agent of the department is subject to the code of ethics and the
standard of conduct imposed by Chapter 572, Government Code, and
any other law regulating the ethical conduct of state officers and
employees.
Sec. 1001.043. LOBBYING ACTIVITIES. A person may not serve
as the executive director or act as the general counsel to the
department if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of an occupation related to the
operation of the department.
CHAPTER 1002. RULES
Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board may
adopt any rules necessary and appropriate to implement the powers
and duties of the department under this code and other laws of this
state.
CHAPTER 1003. PUBLIC ACCESS
Sec. 1003.001. PUBLIC COMMENT. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the department.
Sec. 1003.002. COMPLAINT PROCEDURES. (a) The department
shall maintain a system to promptly and efficiently act on
complaints filed with the department. The department shall
maintain information about parties to the complaint, the subject
matter of the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition.
ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
OF TRANSPORTATION
PART A. GENERAL PROVISIONS AND ADMINISTRATION
SECTION 2A.01. Section 201.202(a), Transportation Code, is
amended to read as follows:
(a) The commission shall organize the department into
divisions to accomplish the department's functions and the duties
assigned to it, including divisions for:
(1) aviation;
(2) highways and roads; and
(3) public transportation[; and
[(4) motor vehicle titles and registration].
SECTION 2A.02. Section 201.931(2), Transportation Code, is
amended to read as follows:
(2) "License" includes:
(A) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations; and
(B) [a motor carrier registration issued under
Chapter 643;
[(C) a vehicle storage facility license issued
under Chapter 2303, Occupations Code;
[(D)] a license or permit for outdoor advertising
issued under Chapter 391 or 394[;
[(E) a salvage vehicle dealer or agent license
issued under Chapter 2302, Occupations Code;
[(F) specially designated or specialized license
plates issued under Subchapters E and F, Chapter 502; and
[(G) an apportioned registration issued
according to the International Registration Plan under Section
502.054].
SECTION 2A.03. Section 222.001, Transportation Code, is
amended to read as follows:
Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is
required to be used for public roadways by the Texas Constitution or
federal law and that is deposited in the state treasury to the
credit of the state highway fund, including money deposited to the
credit of the state highway fund under Title 23, United States Code,
may be used only:
(1) to improve the state highway system;
(2) to mitigate adverse environmental effects that
result directly from construction or maintenance of a state highway
by the department; or
(3) by the Department of Public Safety to police the
state highway system and to administer state laws relating to
traffic and safety on public roads.
(b) For any state fiscal year, the Texas Department of Motor
Vehicles may not be appropriated more than $100 million from money
in the state highway fund.
PART B. STATE HIGHWAY TOLL PROJECTS
SECTION 2B.01. Sections 228.055(b) and (h), Transportation
Code, are amended to read as follows:
(b) The department may impose and collect the
administrative fee, so as to recover the cost of collecting the
unpaid toll, not to exceed $100. The department shall send a
written notice of nonpayment to the registered owner of the vehicle
at that owner's address as shown in the vehicle registration
records of the Texas Department of Motor Vehicles [department] by
first class mail and may require payment not sooner than the 30th
day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Section 228.054.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Motor Vehicles [department] or the analogous
department or agency of another state or country.
SECTION 2B.02. Section 228.056(b), Transportation Code, is
amended to read as follows:
(b) In the prosecution of an offense under Section
228.055(c), (d), or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the Texas Department of Motor
Vehicles [department] of the registered owner of the vehicle is
prima facie evidence of its contents and that the defendant was the
registered owner of the vehicle when the underlying event of
nonpayment under Section 228.054 occurred; and
(3) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the underlying event of
nonpayment under Section 228.054 is prima facie evidence of its
contents and that the defendant was the lessee of the vehicle when
the underlying event of nonpayment under Section 228.054 occurred.
PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
HIGHWAYS IN CERTAIN COUNTIES
SECTION 2C.01. Sections 284.0701(b), (e), and (h),
Transportation Code, are amended to read as follows:
(b) The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100. The county shall send a written notice of
nonpayment to the registered owner of the vehicle at that owner's
address as shown in the vehicle registration records of the Texas
Department of Motor Vehicles [department] by first-class mail not
later than the 30th day after the date of the alleged failure to pay
and may require payment not sooner than the 30th day after the date
the notice was mailed. The registered owner shall pay a separate
toll and administrative cost for each event of nonpayment under
Section 284.070.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the Texas Department of Motor Vehicles [department] in
accordance with Section 520.023, and before the 30th day after the
date the notice of nonpayment is mailed, provides to the county the
name and address of the person to whom the vehicle was transferred.
If the former owner of the vehicle provides the required
information within the period prescribed, the county may send a
notice of nonpayment to the person to whom ownership of the vehicle
was transferred at the address provided by the former owner by
first-class mail before the 30th day after the date of receipt of
the required information from the former owner. The subsequent
owner of the vehicle for which the proper toll was not paid who is
mailed a written notice of nonpayment under this subsection and
fails to pay the proper toll and administrative cost within the time
specified by the notice of nonpayment commits an offense. The
subsequent owner shall pay a separate toll and administrative cost
for each event of nonpayment under Section 284.070. Each failure to
pay a toll or administrative cost under this subsection is a
separate offense.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Motor Vehicles [department] or the analogous
department or agency of another state or country.
PART D. CERTIFICATE OF TITLE ACT
SECTION 2D.01. Section 501.002(3), Transportation Code, is
amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 2D.02. Section 501.091, Transportation Code, is
amended by amending Subdivision (17) and adding Subdivision (20) to
read as follows:
(17) "Salvage vehicle dealer" means a person engaged
in this state in the business of acquiring, selling, [dismantling,]
repairing, rebuilding, reconstructing, or otherwise dealing in
nonrepairable motor vehicles or [,] salvage motor vehicles[, or
used parts]. The term does not include a person who casually
repairs, rebuilds, or reconstructs fewer than five [three] salvage
motor vehicles in the same calendar year or a person who deals in
used automotive parts. The term includes a person engaged in the
business of:
(A) a salvage vehicle dealer, regardless of
whether the person holds a license issued by the department to
engage in that business; or
(B) dealing in nonrepairable motor vehicles or
salvage motor vehicles[, regardless of whether the person deals in
used parts; or
[(C) dealing in used parts regardless of whether
the person deals in nonrepairable motor vehicles or salvage motor
vehicles].
(20) "Used parts dealer" and "used automotive parts
recycler" have the meaning assigned to "used automotive parts
recycler" by Section 2309.002, Occupations Code.
SECTION 2D.03. Section 501.092(d), Transportation Code, is
amended to read as follows:
(d) An insurance company may sell a motor vehicle to which
this section applies, or assign a salvage vehicle title or a
nonrepairable vehicle title for the motor vehicle, only to a
salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
sale at auction, [or] a metal recycler, or a used automotive parts
recycler. If the motor vehicle is not a salvage motor vehicle or a
nonrepairable motor vehicle, the insurance company is not required
to surrender the regular certificate of title for the vehicle or to
be issued a salvage vehicle title or a nonrepairable vehicle title
for the motor vehicle.
SECTION 2D.04. Sections 501.095(a) and (b), Transportation
Code, are amended to read as follows:
(a) If the department has not issued a nonrepairable vehicle
title or salvage vehicle title for the motor vehicle and an
out-of-state ownership document for the motor vehicle has not been
issued by another state or jurisdiction, a business or governmental
entity described by Subdivisions (1)-(3) may sell, transfer, or
release a nonrepairable motor vehicle or salvage motor vehicle only
to a person who is:
(1) a licensed salvage vehicle dealer, a used
automotive parts recycler under Chapter 2309, Occupations Code, or
a metal recycler under Chapter 2302, Occupations Code;
(2) an insurance company that has paid a claim on the
nonrepairable or salvage motor vehicle;
(3) a governmental entity; or
(4) an out-of-state buyer.
(b) A person, other than a salvage vehicle dealer, a used
automotive parts recycler, or an insurance company licensed to do
business in this state, who acquired ownership of a nonrepairable
or salvage motor vehicle that has not been issued a nonrepairable
vehicle title, salvage vehicle title, or a comparable ownership
document issued by another state or jurisdiction shall, before
selling the motor vehicle, surrender the properly assigned
certificate of title for the motor vehicle to the department and
apply to the department for:
(1) a nonrepairable vehicle title if the vehicle is a
nonrepairable motor vehicle; or
(2) a salvage vehicle title if the vehicle is a salvage
motor vehicle.
SECTION 2D.05. Section 501.105, Transportation Code, is
amended to read as follows:
Sec. 501.105. RETENTION OF RECORDS RELATING TO CERTAIN
CASUAL SALES. Each licensed salvage vehicle dealer, used
automotive parts recycler, or insurance company that sells a
nonrepairable motor vehicle or a salvage motor vehicle at a casual
sale shall keep on the business premises of the dealer or the
insurance company a list of all casual sales made during the
preceding 36-month period that contains:
(1) the date of the sale;
(2) the name of the purchaser;
(3) the name of the jurisdiction that issued the
identification document provided by the purchaser, as shown on the
document; and
(4) the vehicle identification number.
PART E. REGISTRATION OF VEHICLES
SECTION 2E.01. Section 502.001(3), Transportation Code, is
amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 2E.02. Sections 502.053(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department [Texas Department of Transportation]
shall reimburse the Texas Department of Criminal Justice for the
cost of manufacturing license plates or registration insignia as
the license plates or insignia and the invoice for the license
plates or insignia are delivered to the department [Texas
Department of Transportation].
(b) When manufacturing is started, the Texas Department of
Criminal Justice, the department [Texas Department of
Transportation], and the comptroller, after negotiation, shall set
the price to be paid for each license plate or insignia. The price
must be determined from:
(1) the cost of metal, paint, and other materials
purchased;
(2) the inmate maintenance cost per day;
(3) overhead expenses;
(4) miscellaneous charges; and
(5) a previously approved amount of profit for the
work.
SECTION 2E.03. Section 504.401(c), Transportation Code, is
amended to read as follows:
(c) The license plates remain valid until December 31 of the
[each] year in which the person to whom the plates were issued
ceases to be a state official.
SECTION 2E.04. The heading to Section 504.401,
Transportation Code, is amended to read as follows:
Sec. 504.401. STATE OFFICIALS: EXECUTIVE AND LEGISLATIVE
BRANCHES.
SECTION 2E.05. Sections 504.401(b) and (d), Transportation
Code, are amended to read as follows:
(b) A state official may be issued four [three] sets of
license plates under this section.
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) [a justice of the supreme court;
[(5) a judge of the court of criminal appeals;
[(6)] the attorney general;
(5) [(7)] the commissioner of the General Land Office;
(6) [(8)] the comptroller;
(7) [(9)] a member of the Railroad Commission of
Texas;
(8) [(10)] the commissioner of agriculture;
(9) [(11)] the secretary of state; or
(10) [(12)] a member of the State Board of Education.
SECTION 2E.06. The heading to Section 504.402,
Transportation Code, is amended to read as follows:
Sec. 504.402. FEDERAL OFFICIALS: LEGISLATIVE BRANCH
[MEMBERS OF CONGRESS].
SECTION 2E.07. Section 504.402(b), Transportation Code, is
amended to read as follows:
(b) A person may be issued four [three] sets of license
plates under this section.
SECTION 2E.08. The heading to Section 504.403,
Transportation Code, is amended to read as follows:
Sec. 504.403. STATE OFFICIALS: JUDICIAL BRANCH [AND FEDERAL
JUDGES].
SECTION 2E.09. Sections 504.403(a) and (d), Transportation
Code, are amended to read as follows:
(a) The department shall issue without charge specialty
license plates for a current [or visiting] state [or federal]
judge. The license plates must include the words "State Judge" [or
"U.S. Judge," as appropriate].
(d) In this section,[:
[(1) "Federal judge" means:
[(A) a judge of the Fifth Circuit Court of
Appeals;
[(B) a judge or magistrate of a United States
district court; or
[(C) a judge of a United States bankruptcy court.
[(2)] "state [State] judge" means:
(1) [(A)] a justice of the supreme court;
(2) [(B)] a judge of the court of criminal appeals;
(3) [(C)] a judge of a court of appeals;
(4) [(D)] a district court judge;
(5) [(E)] a presiding judge of an administrative
judicial district; or
(6) [(F)] a statutory county court judge.
SECTION 2E.10. Subchapter E, Chapter 504, Transportation
Code, is amended by adding Section 504.4031 to read as follows:
Sec. 504.4031. FEDERAL OFFICIALS: JUDICIAL BRANCH. (a)
The department shall issue without charge specialty license plates
for a current federal judge. The license plates must include the
words "U.S. Judge."
(b) A person may be issued three sets of plates under this
section.
(c) The license plates remain valid until December 31 of
each year.
(d) In this section, "federal judge" means:
(1) a justice of the United States Supreme Court whose
primary residence is in Texas;
(2) a judge of the Fifth Circuit Court of Appeals; or
(3) a judge of a United States District Court.
SECTION 2E.11. (a) Subchapter G, Chapter 504,
Transportation Code, is amended by adding Section 504.659 to read
as follows:
Sec. 504.659. CHOOSE LIFE LICENSE PLATES AND CHOOSE
ADOPTION LICENSE PLATES. (a) The department shall issue specially
designed license plates that include the words "Choose Life" and
"Choose Adoption." The department shall design the license plates
in consultation with the attorney general.
(b) After deduction of the department's administrative
costs, the department shall deposit the remainder of the fee for
issuance of license plates under this section in the state treasury
to the credit of the Choose Life and Choose Adoption account
established by Section 402.035, Government Code.
(b) Subchapter B, Chapter 402, Government Code, is amended
by adding Sections 402.035 and 402.036 to read as follows:
Sec. 402.035. CHOOSE LIFE AND CHOOSE ADOPTION ACCOUNT.
(a) The Choose Life and Choose Adoption account is a separate
account in the general revenue fund. The account is composed of:
(1) money deposited to the credit of the account under
Section 504.659, Transportation Code; and
(2) gifts, grants, donations, and legislative
appropriations.
(b) The attorney general administers the Choose Life and
Choose Adoption account. The attorney general may spend money
credited to the account only to:
(1) make grants to an eligible organization; and
(2) defray the cost of administering the account.
(c) The attorney general may not discriminate against an
eligible organization because it is a religious or nonreligious
organization.
(d) The attorney general may accept gifts, donations, and
grants from any source for the benefit of the account.
(e) The attorney general by rule shall establish:
(1) guidelines for the expenditure of money credited
to the Choose Life and Choose Adoption account; and
(2) reporting and other mechanisms necessary to ensure
that the money is spent in accordance with this section.
(f) Money received by an eligible organization under this
section may be spent only to provide for the material needs of
pregnant women who are considering placing their children for
adoption, including the provision of clothing, housing, prenatal
care, food, utilities, and transportation, to provide for the needs
of infants who are awaiting placement with adoptive parents, to
provide training and advertising relating to adoption, and to
provide pregnancy testing or preadoption or postadoption
counseling, but may not be used to pay an administrative, legal, or
capital expense.
(g) In this section, "eligible organization" means an
organization in this state that:
(1) qualifies as a charitable organization under
Section 501(c)(3), Internal Revenue Code of 1986;
(2) provides counseling and material assistance to
pregnant women who are considering placing their children for
adoption;
(3) does not charge for services provided;
(4) does not provide abortions or abortion-related
services or make referrals to abortion providers;
(5) is not affiliated with an organization that
provides abortions or abortion-related services or makes referrals
to abortion providers; and
(6) does not contract with an organization that
provides abortions or abortion-related services or makes referrals
to abortion providers.
Sec. 402.036. CHOOSE LIFE AND CHOOSE ADOPTION ADVISORY
COMMITTEE. (a) The attorney general shall appoint a seven-member
Choose Life and Choose Adoption advisory committee.
(b) The committee shall:
(1) meet at least twice a year or as called by the
attorney general;
(2) assist the attorney general in developing rules
under Section 402.035(e); and
(3) review and make recommendations to the attorney
general on applications submitted to the attorney general for
grants funded with money credited to the Choose Life and Choose
Adoption account.
(c) Members of the committee serve without compensation and
are not entitled to reimbursement for expenses. Each member serves
a term of four years, with the terms of three or four members
expiring on January 31 of each odd-numbered year.
PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
SECTION 2F.01. Sections 503.001(2) and (5), Transportation
Code, are amended to read as follows:
(2) "Commission" means the board of the Texas
Department of Motor Vehicles [Texas Transportation Commission].
(5) "Department" means the Texas Department of Motor
Vehicles [Transportation].
PART G. MISCELLANEOUS PROVISIONS
SECTION 2G.01. Section 520.001, Transportation Code, is
amended to read as follows:
Sec. 520.001. DEFINITION. In this chapter, "department"
means the Texas Department of Motor Vehicles [Transportation].
PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SECTION 2H.01. Section 551.302, Transportation Code, is
amended to read as follows:
Sec. 551.302. REGISTRATION. The Texas Department of Motor
Vehicles [Transportation] may adopt rules relating to the
registration and issuance of license plates to neighborhood
electric vehicles.
PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
SECTION 2I.01. Section 601.023, Transportation Code, is
amended to read as follows:
Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
may pay:
(1) a statutory fee required by the Texas Department
of Motor Vehicles [Transportation] for a certified abstract or in
connection with suspension of a vehicle registration; or
(2) a statutory fee payable to the comptroller for
issuance of a certificate of deposit required by Section 601.122.
SECTION 2I.02. Section 601.451, Transportation Code, as
added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
Sec. 601.451. DEFINITION. In this subchapter,
"implementing agencies" means:
(1) the department;
(2) the Texas Department of Motor Vehicles
[Transportation];
(3) the Texas Department of Insurance; and
(4) the Department of Information Resources.
SECTION 2I.03. Subchapter N, Chapter 601, Transportation
Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
SECTION 2J.01. Section 642.002(d), Transportation Code, is
amended to read as follows:
(d) The Texas Department of Motor Vehicles [Transportation]
by rule may prescribe additional requirements regarding the form of
the markings required by Subsection (a)(2) that are not
inconsistent with that subsection.
PART K. MOTOR CARRIER REGISTRATION
SECTION 2K.01. Section 643.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
PART L. SINGLE STATE REGISTRATION
SECTION 2L.01. Section 645.001, Transportation Code, is
amended to read as follows:
Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
Texas Department of Motor Vehicles [Transportation] may, to the
fullest extent practicable, participate in a federal motor carrier
registration program under the unified carrier registration system
as defined by Section 643.001 or a [the] single state registration
system established under federal law [49 U.S.C. Section 14504].
PART M. MOTOR TRANSPORTATION BROKERS
SECTION 2M.01. Section 646.003(a), Transportation Code, is
amended to read as follows:
(a) A person may not act as a motor transportation broker
unless the person provides a bond to the Texas Department of Motor
Vehicles [Transportation].
PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
SECTION 2N.01. Section 648.002, Transportation Code, is
amended to read as follows:
Sec. 648.002. RULES. In addition to rules required by this
chapter, the Texas Department of Motor Vehicles [Transportation],
the Department of Public Safety, and the Texas Department of
Insurance may adopt other rules to carry out this chapter.
PART O. ABANDONED MOTOR VEHICLES
SECTION 2O.01. Section 683.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
SECTION 2P.01. Section 702.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
SECTION 2Q.01. Section 707.001(2), Transportation Code, is
amended to read as follows:
(2) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Motor Vehicles [Transportation] or the
analogous department or agency of another state or country.
SECTION 2Q.02. Section 707.011(b), Transportation Code, is
amended to read as follows:
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the local authority or the entity with which the local
authority contracts under Section 707.003(a)(1) shall mail the
notice of violation to the owner at:
(1) the owner's address as shown on the registration
records of the Texas Department of Motor Vehicles [Transportation];
or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Motor Vehicles
[Transportation].
SECTION 2Q.03. Section 707.017, Transportation Code, is
amended to read as follows:
Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
is delinquent in the payment of a civil penalty imposed under this
chapter, the county assessor-collector or the Texas Department of
Motor Vehicles [Transportation] may refuse to register a motor
vehicle alleged to have been involved in the violation.
PART R. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
SECTION 2R.01. Section 1(3), Article 4413(37), Revised
Statutes, is amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 2R.02. Section 2, Article 4413(37), Revised
Statutes, is amended to read as follows:
Sec. 2. The Automobile Burglary and Theft Prevention
Authority is a division [established] in the Texas Department of
Motor Vehicles [Transportation]. [The authority is not an advisory
body to the Texas Department of Transportation.]
SECTION 2R.03. Section 6, Article 4413(37), Revised
Statutes, is amended by adding Subsections (j) and (k) to read as
follows:
(j) In addition to any report required under Subsection (i),
each year the authority shall prepare and submit an annual
financial report in the form and manner required of a state agency
by Section 2101.011, Government Code.
(k) The authority may not make a grant of appropriated funds
unless the grant application is submitted to and approved by the
governor, or a person in the office of the governor designated by
the governor.
SECTION 2R.04. Section 8, Article 4413(37), Revised
Statutes, is amended by adding Subsections (d) and (e) to read as
follows:
(d) Money received by the authority under this article shall
be sent to the comptroller for deposit in a separate account in the
treasury.
(e) As part of the appropriation process the legislature
shall determine and in the General Appropriations Act the
legislature shall specify the amount of money the authority may use
to make grants or provide financial assistance under this article
during each of the state fiscal years covered by the General
Appropriations Act.
ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
TRANSPORTATION IN OTHER CODES
PART A. BUSINESS & COMMERCE CODE
SECTION 3A.01. Section 51.003(b), Business & Commerce Code,
as effective April 1, 2009, is amended to read as follows:
(b) In this chapter, "business opportunity" does not
include:
(1) the sale or lease of an established and ongoing
business or enterprise that has actively conducted business before
the sale or lease, whether composed of one or more than one
component business or enterprise, if the sale or lease represents
an isolated transaction or series of transactions involving a bona
fide change of ownership or control of the business or enterprise or
liquidation of the business or enterprise;
(2) a sale by a retailer of goods or services under a
contract or other agreement to sell the inventory of one or more
ongoing leased departments to a purchaser who is granted the right
to sell the goods or services within or adjoining a retail business
establishment as a department or division of the retail business
establishment;
(3) a transaction that is:
(A) regulated by the Texas Department of
Licensing and Regulation, the Texas Department of Insurance, the
Texas Real Estate Commission, or the director of the Motor Vehicle
Division of the Texas Department of Motor Vehicles
[Transportation]; and
(B) engaged in by a person licensed by one of
those agencies;
(4) a real estate syndication;
(5) a sale or lease to a business enterprise that also
sells or leases products, equipment, or supplies or performs
services:
(A) that are not supplied by the seller; and
(B) that the purchaser does not use with the
seller's products, equipment, supplies, or services;
(6) the offer or sale of a franchise as described by
the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
seq.) and its subsequent amendments;
(7) the offer or sale of a business opportunity if the
seller:
(A) has a net worth of $25 million or more
according to the seller's audited balance sheet as of a date not
earlier than the 13th month before the date of the transaction; or
(B) is at least 80 percent owned by another
person who:
(i) in writing unconditionally guarantees
performance by the person offering the business opportunity plan;
and
(ii) has a net worth of more than $25
million according to the person's most recent audited balance sheet
as of a date not earlier than the 13th month before the date of the
transaction; or
(8) an arrangement defined as a franchise by 16 C.F.R.
Section 436.2(a) and its subsequent amendments if:
(A) the franchisor complies in all material
respects in this state with 16 C.F.R. Part 436 and each order or
other action of the Federal Trade Commission; and
(B) before offering for sale or selling a
franchise in this state, a person files with the secretary of state
a notice containing:
(i) the name of the franchisor;
(ii) the name under which the franchisor
intends to transact business; and
(iii) the franchisor's principal business
address.
SECTION 3A.02. Section 105.004(b), Business & Commerce
Code, as effective April 1, 2009, is amended to read as follows:
(b) The Texas Department of Motor Vehicles [Transportation]
shall provide a notice that states the provisions of this chapter to
each person with a disability who is issued:
(1) license plates under Section 504.201,
Transportation Code; or
(2) a disabled parking placard under Section 681.004,
Transportation Code.
PART B. CODE OF CRIMINAL PROCEDURE
SECTION 3B.01. Section 1(1), Article 42.22, Code of
Criminal Procedure, is amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 3B.02. Article 59.04(c), Code of Criminal
Procedure, is amended to read as follows:
(c) If the property is a motor vehicle, and if there is
reasonable cause to believe that the vehicle has been registered
under the laws of this state, the attorney representing the state
shall ask the Texas Department of Motor Vehicles [Transportation]
to identify from its records the record owner of the vehicle and any
interest holder. If the addresses of the owner and interest holder
are not otherwise known, the attorney representing the state shall
request citation be served on such persons at the address listed
with the Texas Department of Motor Vehicles [Transportation]. If
the citation issued to such address is returned unserved, the
attorney representing the state shall cause a copy of the notice of
the seizure and intended forfeiture to be posted at the courthouse
door, to remain there for a period of not less than 30 days. If the
owner or interest holder does not answer or appear after the notice
has been so posted, the court shall enter a judgment by default as
to the owner or interest holder, provided that the attorney
representing the state files a written motion supported by
affidavit setting forth the attempted service. An owner or
interest holder whose interest is forfeited in this manner shall
not be liable for court costs. If the person in possession of the
vehicle at the time of the seizure is not the owner or the interest
holder of the vehicle, notification shall be provided to the
possessor in the same manner specified for notification to an owner
or interest holder.
PART C. FAMILY CODE
SECTION 3C.01. Section 157.316(b), Family Code, is amended
to read as follows:
(b) If a lien established under this subchapter attaches to
a motor vehicle, the lien must be perfected in the manner provided
by Chapter 501, Transportation Code, and the court or Title IV-D
agency that rendered the order of child support shall include in the
order a requirement that the obligor surrender to the court or Title
IV-D agency evidence of the legal ownership of the motor vehicle
against which the lien may attach. A lien against a motor vehicle
under this subchapter is not perfected until the obligor's title to
the vehicle has been surrendered to the court or Title IV-D agency
and the Texas Department of Motor Vehicles [Transportation] has
issued a subsequent title that discloses on its face the fact that
the vehicle is subject to a child support lien under this
subchapter.
SECTION 3C.02. Section 232.0022(a), Family Code, is amended
to read as follows:
(a) The Texas Department of Motor Vehicles [Transportation]
is the appropriate licensing authority for suspension or nonrenewal
of a motor vehicle registration under this chapter.
SECTION 3C.03. Section 232.014(b), Family Code, is amended
to read as follows:
(b) A fee collected by the Texas Department of Motor
Vehicles [Transportation] or the Department of Public Safety shall
be deposited to the credit of the state highway fund.
SECTION 3C.04. Section 264.502(b), Family Code, is amended
to read as follows:
(b) The members of the committee who serve under Subsections
(a)(1) through (3) shall select the following additional committee
members:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace;
(4) a medical examiner;
(5) a police chief;
(6) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(7) a child educator;
(8) a child mental health provider;
(9) a public health professional;
(10) a child protective services specialist;
(11) a sudden infant death syndrome family service
provider;
(12) a neonatologist;
(13) a child advocate;
(14) a chief juvenile probation officer;
(15) a child abuse prevention specialist;
(16) a representative of the Department of Public
Safety; and
(17) a representative of the Texas Department of Motor
Vehicles [Transportation].
PART D. FINANCE CODE
SECTION 3D.01. Section 306.001(9), Finance Code, is amended
to read as follows:
(9) "Qualified commercial loan":
(A) means:
(i) a commercial loan in which one or more
persons as part of the same transaction lends, advances, borrows,
or receives, or is obligated to lend or advance or entitled to
borrow or receive, money or credit with an aggregate value of:
(a) $3 million or more if the
commercial loan is secured by real property; or
(b) $250,000 or more if the commercial
loan is not secured by real property and, if the aggregate value of
the commercial loan is less than $500,000, the loan documents
contain a written certification from the borrower that:
(1) the borrower has been
advised by the lender to seek the advice of an attorney and an
accountant in connection with the commercial loan; and
(2) the borrower has had the
opportunity to seek the advice of an attorney and accountant of the
borrower's choice in connection with the commercial loan; and
(ii) a renewal or extension of a commercial
loan described by Subparagraph (i) [Paragraph (A)], regardless of
the principal amount of the loan at the time of the renewal or
extension; and
(B) does not include a commercial loan made for
the purpose of financing a business licensed by the Motor Vehicle
Board of the Texas Department of Motor Vehicles [Transportation]
under Section 2301.251(a), Occupations Code.
SECTION 3D.02. Section 348.001(10-a), Finance Code, is
amended to read as follows:
(10-a) "Towable recreation vehicle" means a
nonmotorized vehicle that:
(A) was originally designed and manufactured
primarily to provide temporary human habitation in conjunction with
recreational, camping, or seasonal use;
(B) is titled and registered with the Texas
Department of Motor Vehicles [Transportation] as a travel trailer
through a county tax assessor-collector;
(C) is permanently built on a single chassis;
(D) contains at least one life support system;
and
(E) is designed to be towable by a motor vehicle.
SECTION 3D.03. Section 348.518, Finance Code, is amended to
read as follows:
Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
enforcement of law and minimization of regulatory burdens, the
commissioner and the Texas Department of Motor Vehicles
[Transportation] may share information, including criminal history
information, relating to a person licensed under this chapter.
Information otherwise confidential remains confidential after it
is shared under this section.
PART E. GOVERNMENT CODE
SECTION 3E.01. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee
[Board of Examiners of Perfusionists];
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Polygraph Examiners Board;
(19) Texas State Board of Examiners of Psychologists;
(20) Texas Real Estate Commission;
(21) Board of Tax Professional Examiners;
(22) Texas Department of Transportation;
(23) State Board of Veterinary Medical Examiners;
(24) Texas Department of Housing and Community
Affairs;
(25) secretary of state;
(26) state fire marshal;
(27) Texas Education Agency; [and]
(28) Department of Agriculture; and
(29) Texas Department of Motor Vehicles.
PART F. HEALTH AND SAFETY CODE
SECTION 3F.01. Section 382.209(e), Health and Safety Code,
is amended to read as follows:
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for the 12 months preceding
the application for participation in the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Motor Vehicles [Transportation], and the Public
Safety Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
SECTION 3F.02. Section 382.210(f), Health and Safety Code,
is amended to read as follows:
(f) In this section, "total cost" means the total amount of
money paid or to be paid for the purchase of a motor vehicle as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
SECTION 3F.03. Section 461.017(a), Health and Safety Code,
is amended to read as follows:
(a) The Drug Demand Reduction Advisory Committee is
composed of the following members:
(1) five representatives of the public from different
geographic regions of the state who have knowledge and expertise in
issues relating to reducing drug demand and who are appointed by the
commissioner [executive director] of the Department of State Health
Services [Texas Commission on Alcohol and Drug Abuse]; and
(2) one representative of each of the following
agencies or offices who is appointed by the executive director or
commissioner of the agency or office and who is directly involved in
the agency's or office's policies, programs, or funding activities
relating to reducing drug demand:
(A) the criminal justice division of the
governor's office;
(B) the Criminal Justice Policy Council;
(C) the Department of Family and Protective [and
Regulatory] Services;
(D) the Department of Public Safety of the State
of Texas;
(E) the Health and Human Services Commission;
(F) the Texas Alcoholic Beverage Commission;
(G) the Department of State Health Services
[Texas Commission on Alcohol and Drug Abuse];
(H) the Advisory Committee to the Texas Board of
Criminal Justice [Texas Council] on Offenders with Medical or
Mental Impairments;
(I) the Texas Department of Criminal Justice;
(J) the [Texas Department of] Health and[;
[(K) the Texas Department of] Human Services
Commission;
(K) [(L)] the [Texas] Department of Aging and
Disability Services [Mental Health and Mental Retardation];
(L) [(M)] the Texas Education Agency;
(M) [(N)] the Texas Juvenile Probation
Commission;
(N) [(O)] the Texas Youth Commission;
(O) [(P)] the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission];
(P) [(Q)] the Texas Workforce Commission;
(Q) [(R)] the Texas Department of Motor Vehicles
[Transportation];
(R) [(S)] the comptroller of public accounts;
and
(S) [(T)] the adjutant general's department.
PART G. HUMAN RESOURCES CODE
SECTION 3G.01. Section 22.041, Human Resources Code, is
amended to read as follows:
Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
other provision of this code, the department may use information
obtained from a third party to verify the assets and resources of a
person for purposes of determining the person's eligibility and
need for medical assistance, financial assistance, or nutritional
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Motor Vehicles
[Transportation's] vehicle registration record database.
SECTION 3G.02. Section 32.026(g), Human Resources Code, is
amended to read as follows:
(g) Notwithstanding any other provision of this code, the
department may use information obtained from a third party to
verify the assets and resources of a person for purposes of
determining the person's eligibility and need for medical
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Motor Vehicles
[Transportation's] vehicle registration record database.
PART H. LOCAL GOVERNMENT CODE
SECTION 3H.01. Section 130.006, Local Government Code, is
amended to read as follows:
Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
CHECKS AND INVOICES. A county tax assessor-collector may establish
procedures for the collection of dishonored checks and credit card
invoices. The procedures may include:
(1) official notification to the maker that the check
or invoice has not been honored and that the receipt, registration,
certificate, or other instrument issued on the receipt of the check
or invoice is not valid until payment of the fee or tax is made;
(2) notification of the sheriff or other law
enforcement officers that a check or credit card invoice has not
been honored and that the receipt, registration, certificate, or
other instrument held by the maker is not valid; and
(3) notification to the Texas Department of Motor
Vehicles [Transportation], the comptroller of public accounts, or
the Department of Public Safety that the receipt, registration,
certificate, or other instrument held by the maker is not valid.
SECTION 3H.02. Section 130.007, Local Government Code, is
amended to read as follows:
Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
remitted to the comptroller or the Texas Department of Motor
Vehicles [Transportation] and if payment was made to the county tax
assessor-collector by a check that was not honored by the drawee
bank or by a credit card invoice that was not honored by the credit
card issuer, the amount of the fee or tax is not required to be
remitted, but the assessor-collector shall notify the appropriate
department of:
(1) the amount of the fee or tax;
(2) the type of fee or tax involved; and
(3) the name and address of the maker.
(b) The Texas Department of Motor Vehicles [Transportation]
and the comptroller shall assist the county tax assessor-collector
in collecting the fee or tax and may cancel or revoke any receipt,
registration, certificate, or other instrument issued in the name
of the state conditioned on the payment of the fee or tax.
SECTION 3H.03. Section 130.008, Local Government Code, is
amended to read as follows:
Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
SUBCHAPTER. If the comptroller or the Texas Department of Motor
Vehicles [Transportation] determines that the county tax
assessor-collector has accepted payment for fees and taxes to be
remitted to that department in violation of Section 130.004 or that
more than two percent of the fees and taxes to be received from the
assessor-collector are not remitted because of the acceptance of
checks that are not honored by the drawee bank or of credit card
invoices that are not honored by the credit card issuer, the
department may notify the assessor-collector that the
assessor-collector may not accept a check or credit card invoice
for the payment of any fee or tax to be remitted to that department.
A county tax assessor-collector who accepts a check or credit card
invoice for the payment of a fee or tax, after notice that the
assessor-collector may not receive a check or credit card invoice
for the payment of fees or taxes to be remitted to a department, is
liable to the state for the amount of the check or credit card
invoice accepted.
SECTION 3H.04. Section 130.009, Local Government Code, is
amended to read as follows:
Sec. 130.009. STATE RULES. The comptroller and the Texas
Department of Motor Vehicles [Transportation] may make rules
concerning the acceptance of checks or credit card invoices by a
county tax assessor-collector and for the collection of dishonored
checks or credit card invoices.
PART I. OCCUPATIONS CODE
SECTION 3I.01. Section 554.009(c), Occupations Code, is
amended to read as follows:
(c) The board may register a vehicle with the Texas
Department of Motor Vehicles [Transportation] in an alias name only
for investigative personnel.
SECTION 3I.02. Section 2301.002(9), Occupations Code, is
amended to read as follows:
(9) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 3I.03. Sections 2301.005(a) and (b), Occupations
Code, are amended to read as follows:
(a) A reference in law, including a rule, to the Texas Motor
Vehicle Commission or to the board means [the director, except that
a reference to] the board of the Texas Department of Motor Vehicles
[means the commission if it is related to the adoption of rules].
(b) A reference in law, including a rule, to the executive
director of the Texas Motor Vehicle Commission means the executive
director of the Texas Department of Motor Vehicles.
SECTION 3I.04. Sections 2302.001(2), (3), and (6),
Occupations Code, are amended to read as follows:
(2) "Board" ["Commission"] means the board of the
Texas Department of Motor Vehicles [Transportation Commission].
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(6) "Salvage vehicle agent" means a person who
acquires, sells, or otherwise deals in nonrepairable or salvage
motor vehicles or used parts in this state as directed by the
salvage vehicle dealer under whose license the person operates.
The term does not include a person who:
(A) is a licensed salvage vehicle dealer or a
licensed used automotive parts recycler;
(B) is a partner, owner, or officer of a business
entity that holds a salvage vehicle dealer license or a used
automotive parts recycler license;
(C) is an employee of a licensed salvage vehicle
dealer or a licensed used automotive parts recycler; or
(D) only transports salvage motor vehicles for a
licensed salvage vehicle dealer or a licensed used automotive parts
recycler.
SECTION 3I.05. Section 2302.0015(b), Occupations Code, is
amended to read as follows:
(b) For the purpose of enforcing or administering this
chapter or Chapter 501 or 502, Transportation Code, a member of the
board [commission], an employee or agent of the board [commission]
or department, a member of the Public Safety Commission, an officer
of the Department of Public Safety, or a peace officer may at a
reasonable time:
(1) enter the premises of a business regulated under
one of those chapters; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under one of those chapters.
SECTION 3I.06. Subchapter A, Chapter 2302, Occupations
Code, is amended by adding Section 2302.008 to read as follows:
Sec. 2302.008. APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE
PARTS RECYCLERS. This chapter does not apply to a used automotive
parts recycler licensed under Chapter 2309.
SECTION 3I.07. Subchapter B, Chapter 2302, Occupations
Code, is amended to read as follows:
SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board
[commission] shall adopt rules as necessary to administer this
chapter and may take other action as necessary to enforce this
chapter.
Sec. 2302.052. DUTY TO SET FEES. The board [commission]
shall set application fees, license fees, renewal fees, and other
fees as required to implement this chapter. The board [commission]
shall set the fees in amounts reasonable and necessary to implement
and enforce this chapter.
Sec. 2302.053. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board [commission] may not adopt a
rule under Section 2302.051 restricting advertising or competitive
bidding by a person who holds a license issued under this chapter
except to prohibit false, misleading, or deceptive practices by the
person.
(b) The board [commission] may not include in its rules to
prohibit false, misleading, or deceptive practices a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
SECTION 3I.08. Section 2302.103(b), Occupations Code, is
amended to read as follows:
(b) An applicant may apply for a salvage vehicle dealer
license with an endorsement in one or more of the following
classifications:
(1) new automobile dealer;
(2) used automobile dealer;
(3) [used vehicle parts dealer;
[(4)] salvage pool operator;
(4) [(5)] salvage vehicle broker; or
(5) [(6)] salvage vehicle rebuilder.
SECTION 3I.09. Section 2302.108(b), Occupations Code, is
amended to read as follows:
(b) The board [commission] by rule shall establish the
grounds for denial, suspension, revocation, or reinstatement of a
license issued under this chapter and the procedures for
disciplinary action. A rule adopted under this subsection may not
conflict with a rule adopted by the State Office of Administrative
Hearings.
SECTION 3I.10. Section 2302.204, Occupations Code, is
amended to read as follows:
Sec. 2302.204. CASUAL SALES. This chapter does not apply to
a person who purchases fewer than three nonrepairable motor
vehicles or salvage motor vehicles from a salvage vehicle dealer,
an insurance company or salvage pool operator in a casual sale at
auction, except that:
(1) the board [commission] shall adopt rules as
necessary to regulate casual sales by salvage vehicle dealers,
insurance companies, or salvage pool operators and to enforce this
section; and
(2) a salvage vehicle dealer, insurance company, or
salvage pool operator who sells a motor vehicle in a casual sale
shall comply with those rules and Subchapter E, Chapter 501,
Transportation Code.
SECTION 3I.11. (a) Subtitle A, Title 14, Occupations Code,
is amended by adding Chapter 2309 to read as follows:
CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2309.001. SHORT TITLE. This chapter may be cited as
the Texas Used Automotive Parts Recycling Act.
Sec. 2309.002. DEFINITIONS. In this chapter:
(1) "Insurance company," "metal recycler," "motor
vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle
title," "salvage motor vehicle," "salvage vehicle title," and
"salvage vehicle dealer" have the meanings assigned by Section
501.091, Transportation Code.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) "Used automotive part" has the meaning assigned to
"used part" by Section 501.091, Transportation Code.
(6) "Used automotive parts recycler" means a person
licensed under this chapter to operate a used automotive parts
recycling business.
(7) "Used automotive parts recycling" means the
dismantling and reuse or resale of used automotive parts and the
safe disposal of salvage motor vehicles or nonrepairable motor
vehicles, including the resale of those vehicles.
Sec. 2309.003. APPLICABILITY OF CHAPTER TO METAL RECYCLERS.
(a) Except as provided by Subsection (b), this chapter does not
apply to a transaction to which a metal recycler is a party.
(b) This chapter applies to a transaction in which a motor
vehicle:
(1) is sold, transferred, released, or delivered to a
metal recycler as a source of used automotive parts; and
(2) is used as a source of used automotive parts.
Sec. 2309.004. APPLICABILITY OF CHAPTER TO SALVAGE VEHICLE
DEALERS. (a) Except as provided by Subsection (b), this chapter
does not apply to a transaction in which a salvage vehicle dealer is
a party.
(b) This chapter applies to a transaction in which a motor
vehicle:
(1) is sold, transferred, released, or delivered to a
salvage vehicle dealer as a source of used automotive parts; and
(2) is used as a source of used automotive parts.
Sec. 2309.005. APPLICABILITY OF CHAPTER TO INSURANCE
COMPANIES. This chapter does not apply to an insurance company.
[Sections 2309.006-2309.050 reserved for expansion]
SUBCHAPTER B. ADVISORY BOARD
Sec. 2309.051. USED AUTOMOTIVE PARTS RECYCLING ADVISORY
BOARD. (a) The advisory board consists of six members representing
the used automotive parts industry in this state appointed by the
presiding officer of the commission with the approval of the
commission.
(b) The advisory board shall include members who represent
used automotive parts businesses owned by domestic entities, as
defined by Section 1.002, Business Organizations Code.
(c) The advisory board shall include one member who
represents a used automotive parts business owned by a foreign
entity, as defined by Section 1.002, Business Organizations Code.
(d) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 2309.052. TERMS; VACANCIES. (a) Advisory board
members serve terms of six years, with the terms of two members
expiring on February 1 of each odd-numbered year.
(b) A member may not serve more than two full consecutive
terms.
(c) If a vacancy occurs during a term, the presiding officer
of the commission shall appoint a replacement who meets the
qualifications of the vacated position to serve for the remainder
of the term.
Sec. 2309.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of one
year. The presiding officer of the advisory board may vote on any
matter before the advisory board.
Sec. 2309.054. POWERS AND DUTIES OF ADVISORY BOARD. The
advisory board shall provide advice and recommendations to the
department on technical matters relevant to the administration and
enforcement of this chapter, including licensing standards,
continuing education requirements, and examination content, if
applicable.
Sec. 2309.055. COMPENSATION; REIMBURSEMENT OF EXPENSES.
Advisory board members may not receive compensation but are
entitled to reimbursement for actual and necessary expenses
incurred in performing the functions of the advisory board, subject
to the General Appropriations Act.
Sec. 2309.056. MEETINGS. The advisory board shall meet
twice annually and may meet at other times at the call of the
presiding officer of the commission or the executive director.
[Sections 2309.057-2309.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 2309.101. GENERAL POWERS AND DUTIES. The executive
director or commission, as appropriate, may take action as
necessary to administer and enforce this chapter.
Sec. 2309.102. RULES. (a) The commission shall adopt
rules for licensing used automotive parts recyclers.
(b) The commission by rule shall adopt standards of conduct
for license holders under this chapter.
Sec. 2309.103. EXAMINATION OF CRIMINAL CONVICTION. The
department may conduct an examination of any criminal conviction of
an applicant, including by obtaining any criminal history record
information permitted by law.
Sec. 2309.104. FEES. The commission shall establish and
collect reasonable and necessary fees in amounts sufficient to
cover the costs of administering this chapter.
Sec. 2309.105. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The commission may not adopt a rule
restricting advertising or competitive bidding by a person who
holds a license issued under this chapter except to prohibit false,
misleading, or deceptive practices by the person.
(b) The commission may not include in its rules to prohibit
false, misleading, or deceptive practices a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
Sec. 2309.106. PERIODIC AND RISK-BASED INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has reasonable
cause to believe that a license holder is in violation of this
chapter or in violation of a rule or order of the commission or
executive director.
(b) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the used automotive parts
recycler;
(2) the inspection history;
(3) any history of complaints involving a used
automotive parts recycler; and
(4) any other factor determined by the commission by
rule.
(c) A used automotive parts recycler shall pay a fee for
each risk-based inspection performed under this section. The
commission by rule shall set the amount of the fee.
(d) In conducting an inspection under this section, the
department may inspect a facility, a used automotive part, a
business record, or any other place or thing reasonably required to
enforce this chapter or a rule or order adopted under this chapter.
Sec. 2309.107. PERSONNEL. The department may employ
personnel necessary to administer and enforce this chapter.
[Sections 2309.108-2309.150 reserved for expansion]
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 2309.151. LICENSE REQUIRED. Unless the person holds
an appropriate license issued under this chapter, a person may not
own or operate a used automotive parts recycling business or sell
used automotive parts.
Sec. 2309.152. GENERAL LICENSE APPLICATION REQUIREMENTS.
An applicant for a license under this chapter must submit to the
department:
(1) a completed application on a form prescribed by
the executive director;
(2) the required fees; and
(3) any other information required by commission rule.
Sec. 2309.153. LICENSE REQUIREMENTS. An applicant for a
license under this chapter must:
(1) establish proof of financial responsibility in the
manner prescribed by the executive director;
(2) provide proof of ownership or lease of the
property where the applicant will operate a used automotive parts
recycling facility; and
(3) provide a storm water permit if the applicant is
required by the Texas Commission on Environmental Quality to obtain
a permit.
Sec. 2309.154. NONTRANSFERABILITY OF LICENSE. A license
issued by the executive director is valid throughout this state and
is not transferable.
Sec. 2309.155. CONTINUING EDUCATION. (a) The commission by
rule shall recognize or prepare and administer continuing education
programs for license holders. Each license holder must complete a
continuing education program before the license holder may renew
the license holder's license.
(b) A person recognized by the commission to offer a
continuing education program must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education.
Sec. 2309.156. LICENSE RENEWAL. (a) A license issued under
this chapter is valid for one year. The department may adopt a
system under which licenses expire at different times during the
year.
(b) The department shall notify the license holder at least
30 days before the date a license expires. The notice must be in
writing and sent to the license holder's last known address
according to the records of the department.
(c) A license holder may renew a license issued under this
chapter by:
(1) paying a renewal fee;
(2) providing to the department evidence of financial
responsibility;
(3) providing proof of ownership or lease of the
property where the license holder operates a used automotive parts
recycling facility;
(4) providing a storm water permit if the license
holder is required by the Texas Commission on Environmental Quality
to obtain a permit; and
(5) completing continuing education as required by
Section 2309.155.
[Sections 2309.157-2309.200 reserved for expansion]
SUBCHAPTER E. LOCAL REGULATION
Sec. 2309.201. APPLICABILITY OF CERTAIN MUNICIPAL
ORDINANCES, LICENSES, AND PERMITS. (a) The requirements of this
chapter apply in addition to the requirements of any applicable
municipal ordinance relating to the regulation of a person who
deals in nonrepairable or salvage motor vehicles or used automotive
parts.
(b) This chapter does not prohibit the enforcement of an
applicable municipal license or permit requirement that is related
to an activity regulated under this chapter.
[Sections 2309.202-2309.250 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT
Sec. 2309.251. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty on a person under Subchapter
F, Chapter 51, regardless of whether the person holds a license
under this chapter, if the person violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) a rule or order of the executive director or
commission.
(b) An administrative penalty may not be imposed unless the
person charged with a violation is provided the opportunity for a
hearing.
Sec. 2309.252. CEASE AND DESIST ORDER; INJUNCTION; CIVIL
PENALTY. (a) The executive director may issue a cease and desist
order as necessary to enforce this chapter if the executive
director determines that the action is necessary to prevent a
violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may
institute an action for an injunction or a civil penalty under this
chapter as provided by Section 51.352.
Sec. 2309.253. SANCTIONS. The department may impose
sanctions as provided by Section 51.353.
Sec. 2309.254. CRIMINAL PENALTY; LICENSING. (a) A person
commits an offense if the person:
(1) violates the licensing requirements of this
chapter;
(2) deals in used parts without a license; or
(3) employs an individual who does not hold the
appropriate license required by this chapter.
(b) An offense under this section is a Class C misdemeanor.
[Sections 2309.255-2309.300 reserved for expansion]
SUBCHAPTER G. CONDUCTING BUSINESS
Sec. 2309.301. DUTIES ON ACQUISITION OF SALVAGE MOTOR
VEHICLE. (a) A used automotive parts recycler who acquires
ownership of a salvage motor vehicle shall obtain a properly
assigned title from the previous owner of the vehicle.
(b) A used automotive parts recycler who acquires ownership
of a motor vehicle, nonrepairable motor vehicle, or salvage motor
vehicle for the purpose of dismantling, scrapping, or destroying
the motor vehicle shall, before the 61st day after the date of
acquiring the motor vehicle, submit to the Texas Department of
Transportation a report stating that the motor vehicle will be
dismantled, scrapped, or destroyed. The recycler shall:
(1) submit the report on a form prescribed by the Texas
Department of Transportation; and
(2) submit with the report a properly assigned
manufacturer's certificate of origin, regular certificate of
title, nonrepairable vehicle title, salvage vehicle title, or
comparable out-of-state ownership document for the motor vehicle.
(c) After receiving the report and title or document, the
Texas Department of Transportation shall issue the used automotive
parts recycler a receipt for the manufacturer's certificate of
origin, regular certificate of title, nonrepairable vehicle title,
salvage vehicle title, or comparable out-of-state ownership
document.
(d) The recycler shall comply with Subchapter E, Chapter
501, Transportation Code.
Sec. 2309.302. RECORDS OF PURCHASES. A used automotive
parts recycler shall maintain a record of each motor vehicle,
salvage motor vehicle, nonrepairable motor vehicle, and used
automotive part purchased.
Sec. 2309.303. REGISTRATION OF NEW BUSINESS LOCATION.
Before moving a place of business or opening an additional place of
business, a used automotive parts recycler must notify the
department of the new location. The used automotive parts recycler
shall provide a storm water permit for the location if a permit is
required by the Texas Commission on Environmental Quality.
[Sections 2309.304-2309.350 reserved for expansion]
SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER
IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
Sec. 2309.351. DEFINITIONS. In this subchapter:
(1) "Component part" means a major component part as
defined by Section 501.091, Transportation Code, or a minor
component part.
(2) "Interior component part" means a motor vehicle's
seat or radio.
(3) "Minor component part" means an interior component
part, a special accessory part, or a motor vehicle part that
displays or should display at least one of the following:
(A) a federal safety certificate;
(B) a motor number;
(C) a serial number or a derivative; or
(D) a manufacturer's permanent vehicle
identification number or a derivative.
(4) "Special accessory part" means a motor vehicle's
tire, wheel, tailgate, or removable glass top.
Sec. 2309.352. REMOVAL OF LICENSE PLATES. Immediately on
receipt of a motor vehicle, a used automotive parts recycler shall:
(1) remove any unexpired license plates from the
vehicle; and
(2) place the license plates in a secure place until
destroyed by the used automotive parts recycler.
Sec. 2309.353. RECEIPT OF MOTOR VEHICLE. A used automotive
parts recycler may not take delivery of a motor vehicle unless the
recycler first obtains:
(1) a certificate of authority to dispose of the
vehicle, a sales receipt, or a transfer document for the vehicle
issued under Chapter 683, Transportation Code; or
(2) a certificate of title showing that there are no
liens on the vehicle or that all recorded liens have been released.
Sec. 2309.354. RECORD OF PURCHASE; INVENTORY OF PARTS. (a)
A used automotive parts recycler shall keep an accurate and legible
inventory of each used component part purchased by or delivered to
the recycler. The inventory must contain a record of each part
that includes:
(1) the date of purchase or delivery;
(2) the driver's license number of the seller and a
legible photocopy of the seller's driver's license;
(3) the license plate number of the motor vehicle in
which the part was delivered;
(4) a complete description of the part and, if
applicable, the make, model, color, and size of the part; and
(5) the vehicle identification number of the motor
vehicle from which the part was removed.
(b) As an alternative to the information required by
Subsection (a), a used automotive parts recycler may record:
(1) the name of the person who sold the part or the
motor vehicle from which the part was obtained; and
(2) the Texas certificate of inventory number or the
federal taxpayer identification number of the person.
(c) The department shall prescribe the form of the record
required by Subsection (a) and shall make the form available to used
automotive parts recyclers.
(d) This section does not apply to:
(1) an interior component part or special accessory
part from a motor vehicle more than 10 years old; or
(2) a part delivered to a used automotive parts
recycler by a commercial freight line, commercial carrier, or
licensed used automotive parts recycler.
Sec. 2309.355. ASSIGNMENT OF INVENTORY NUMBER. (a) A used
automotive parts recycler shall:
(1) assign a unique inventory number to each
transaction in which the recycler purchases or takes delivery of a
component part;
(2) attach that inventory number to each component
part the recycler obtains in the transaction; and
(3) retain each component part in its original
condition on the business premises of the recycler for at least
three calendar days, excluding Sundays, after the date the
recycler obtains the part.
(b) An inventory number attached to a component part under
Subsection (a) may not be removed while the part remains in the
inventory of the used automotive parts recycler.
(c) This section does not apply to the purchase by a used
automotive parts recycler of a nonoperational engine,
transmission, or rear axle assembly from another used automotive
parts recycler or an automotive-related business.
Sec. 2309.356. MAINTENANCE OF RECORDS. A used automotive
parts recycler shall keep a record required under this subchapter
on a form prescribed by the department or the Texas Department of
Transportation. The recycler shall maintain copies of each record
required under this subchapter until the first anniversary of the
purchase date of the item for which the record is maintained.
Sec. 2309.357. SURRENDER OF CERTAIN DOCUMENTS OR LICENSE
PLATES. (a) On demand, a used automotive parts recycler shall
surrender to the Texas Department of Transportation for
cancellation a certificate of title or authority, sales receipt or
transfer document, license plate, or inventory list that the
recycler is required to possess or maintain.
(b) The Texas Department of Transportation shall provide a
signed receipt for a surrendered certificate of title.
Sec. 2309.358. RESALE OF SALVAGE MOTOR VEHICLES OR
NONREPAIRABLE MOTOR VEHICLES. (a) A used automotive parts
recycler may sell salvage or nonrepairable vehicles only at the
recycler's business location.
(b) Before reselling a salvage motor vehicle or
nonrepairable motor vehicle, a used automotive parts recycler must
post notice on the vehicle of the type of title appropriate to the
vehicle.
Sec. 2309.359. INSPECTION OF RECORDS. (a) A peace officer
at any reasonable time may inspect a record required to be
maintained under this subchapter, including an inventory record.
(b) On demand by a peace officer, a used automotive parts
recycler shall provide to the officer a copy of a record required to
be maintained under this subchapter.
(c) A peace officer may inspect the inventory on the
premises of a used automotive parts recycler at any reasonable time
to verify, check, or audit the records required to be maintained
under this subchapter.
(d) A used automotive parts recycler or an employee of the
recycler shall allow and may not interfere with a peace officer's
inspection of the recycler's inventory, premises, or required
inventory records.
[Sections 2309.360-2309.400 reserved for expansion]
SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
Sec. 2309.401. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a used automotive parts facility located
in a county with a population of 2.8 million or more.
Sec. 2309.402. LIMITS ON OPERATION OF HEAVY MACHINERY. (a)
A used automotive parts recycler may not operate heavy machinery in
a used automotive parts recycling facility between the hours of 7
p.m. of one day and 7 a.m. of the following day.
(b) This section does not apply to conduct necessary to a
sale or purchase by the recycler.
(b) Section 2302.253, Occupations Code, is repealed.
(c) Not later than January 1, 2010, the Texas Commission of
Licensing and Regulation shall adopt rules under Section 2309.102,
Occupations Code, as added by Subsection (a) of this section.
(d) Section 2309.151, Occupations Code, as added by
Subsection (a) of this section, and Subchapter F, Chapter 2309,
Occupations Code, as added by Subsection (a) of this section, take
effect September 1, 2010.
SECTION 3I.12. Section 2301.002(33), Occupations Code, is
repealed.
PART J. PENAL CODE
SECTION 3J.01. Section 31.03(c), Penal Code, is amended to
read as follows:
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously
participated in recent transactions other than, but similar to,
that which the prosecution is based is admissible for the purpose of
showing knowledge or intent and the issues of knowledge or intent
are raised by the actor's plea of not guilty;
(2) the testimony of an accomplice shall be
corroborated by proof that tends to connect the actor to the crime,
but the actor's knowledge or intent may be established by the
uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and
selling used or secondhand personal property, or lending money on
the security of personal property deposited with the actor, is
presumed to know upon receipt by the actor of stolen property (other
than a motor vehicle subject to Chapter 501, Transportation Code)
that the property has been previously stolen from another if the
actor pays for or loans against the property $25 or more (or
consideration of equivalent value) and the actor knowingly or
recklessly:
(A) fails to record the name, address, and
physical description or identification number of the seller or
pledgor;
(B) fails to record a complete description of the
property, including the serial number, if reasonably available, or
other identifying characteristics; or
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property. It is the express intent of this provision
that the presumption arises unless the actor complies with each of
the numbered requirements;
(4) for the purposes of Subdivision (3)(A),
"identification number" means driver's license number, military
identification number, identification certificate, or other
official number capable of identifying an individual;
(5) stolen property does not lose its character as
stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining
abandoned or wrecked motor vehicles or parts of an abandoned or
wrecked motor vehicle for resale, disposal, scrap, repair,
rebuilding, demolition, or other form of salvage is presumed to
know on receipt by the actor of stolen property that the property
has been previously stolen from another if the actor knowingly or
recklessly:
(A) fails to maintain an accurate and legible
inventory of each motor vehicle component part purchased by or
delivered to the actor, including the date of purchase or delivery,
the name, age, address, sex, and driver's license number of the
seller or person making the delivery, the license plate number of
the motor vehicle in which the part was delivered, a complete
description of the part, and the vehicle identification number of
the motor vehicle from which the part was removed, or in lieu of
maintaining an inventory, fails to record the name and certificate
of inventory number of the person who dismantled the motor vehicle
from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain
a certificate of authority, sales receipt, or transfer document as
required by Chapter 683, Transportation Code, or a certificate of
title showing that the motor vehicle is not subject to a lien or
that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to
immediately remove an unexpired license plate from the motor
vehicle, to keep the plate in a secure and locked place, or to
maintain an inventory, on forms provided by the Texas Department of
Motor Vehicles [Transportation], of license plates kept under this
paragraph, including for each plate or set of plates the license
plate number and the make, motor number, and vehicle identification
number of the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or
secondhand motor vehicle is presumed to know on receipt by the actor
of the motor vehicle that the motor vehicle has been previously
stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of
Motor Vehicles [Transportation] the failure of the person who sold
or delivered the motor vehicle to the actor to deliver to the actor
a properly executed certificate of title to the motor vehicle at the
time the motor vehicle was delivered; or
(B) fails to file with the county tax
assessor-collector of the county in which the actor received the
motor vehicle, not later than the 20th day after the date the actor
received the motor vehicle, the registration license receipt and
certificate of title or evidence of title delivered to the actor in
accordance with Subchapter D, Chapter 520, Transportation Code, at
the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source
other than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has been
previously stolen from another if the actor:
(A) fails to record the name, address, and
physical description of the seller or pledgor;
(B) fails to record a complete description of the
amount and type of pesticide or compound, mixture, or preparation
purchased or received; and
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property; and
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
a commission merchant by representing that the actor will make
prompt payment is presumed to have induced the commission
merchant's consent by deception if the actor fails to make full
payment in accordance with Section 409, Packers and Stockyards Act
(7 U.S.C. Section 228b).
SECTION 3J.02. Section 31.11(b), Penal Code, is amended to
read as follows:
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of
the owner of the property involved;
(2) a peace officer acting in the actual discharge of
official duties; or
(3) acting with respect to a number assigned to a
vehicle by the Texas Department of Transportation or the Texas
Department of Motor Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as
an employee or agent of the department; or
(B) in full compliance with the rules of the
department as an applicant for an assigned number approved by the
department.
PART K. TAX CODE
SECTION 3K.01. Section 21.02(d), Tax Code, is amended to
read as follows:
(d) A motor vehicle does not have taxable situs in a taxing
unit under Subsection (a)(1) if, on January 1, the vehicle:
(1) has been located for less than 60 days at a place
of business of a person who holds a wholesale motor vehicle auction
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation] under Chapter 503, Transportation
Code, for that place of business; and
(2) is offered for resale.
SECTION 3K.02. Section 22.04(d), Tax Code, is amended to
read as follows:
(d) This section does not apply to a motor vehicle that on
January 1 is located at a place of business of a person who holds a
wholesale motor vehicle auction general distinguishing number
issued by the Texas Department of Motor Vehicles [Transportation]
under Chapter 503, Transportation Code, for that place of business,
and that:
(1) has not acquired taxable situs under Section
21.02(a)(1) in a taxing unit that participates in the appraisal
district because the vehicle is described by Section 21.02(d);
(2) is offered for sale by a dealer who holds a
dealer's general distinguishing number issued by the Texas
Department of Motor Vehicles [Transportation] under Chapter 503,
Transportation Code, and whose inventory of motor vehicles is
subject to taxation in the manner provided by Sections 23.121 and
23.122; or
(3) is collateral possessed by a lienholder and
offered for sale in foreclosure of a security interest.
SECTION 3K.03. Sections 23.121(a)(3), (11), and (14), Tax
Code, are amended to read as follows:
(3) "Dealer" means a person who holds a dealer's
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation] under the authority of Chapter 503,
Transportation Code, or who is legally recognized as a motor
vehicle dealer pursuant to the law of another state and who complies
with the terms of Section 152.063(f). The term does not include:
(A) a person who holds a manufacturer's license
issued under Chapter 2301, Occupations Code [by the Motor Vehicle
Board of the Texas Department of Transportation];
(B) an entity that is owned or controlled by a
person who holds a manufacturer's license issued under Chapter
2301, Occupations Code [by the Motor Vehicle Board of the Texas
Department of Transportation]; or
(C) a dealer whose general distinguishing number
issued by the Texas Department of Motor Vehicles [Transportation]
under the authority of Chapter 503, Transportation Code, prohibits
the dealer from selling a vehicle to any person except a dealer.
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of a motor vehicle as set forth
as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
(14) "Towable recreational vehicle" means a
nonmotorized vehicle that is designed for temporary human
habitation for recreational, camping, or seasonal use and:
(A) is titled and registered with the Texas
Department of Motor Vehicles [Transportation] through the office of
the collector;
(B) is permanently built on a single chassis;
(C) contains one or more life support systems;
and
(D) is designed to be towable by a motor vehicle.
SECTION 3K.04. Sections 23.121(f), (g), and (h), Tax Code,
are amended to read as follows:
(f) The comptroller shall promulgate a form entitled
Dealer's Motor Vehicle Inventory Declaration. Except as provided
by Section 23.122(l) [of this code], not later than February 1 of
each year, or, in the case of a dealer who was not in business on
January 1, not later than 30 days after commencement of business,
each dealer shall file a declaration with the chief appraiser and
file a copy with the collector. For purposes of this subsection, a
dealer is presumed to have commenced business on the date of
issuance to the dealer of a dealer's general distinguishing number
as provided by Chapter 503, Transportation Code. Notwithstanding
the presumption created by this subsection, a chief appraiser may,
at his or her sole discretion, designate as the date on which a
dealer commenced business a date other than the date of issuance to
the dealer of a dealer's general distinguishing number. The
declaration is sufficient to comply with this subsection if it sets
forth the following information:
(1) the name and business address of each location at
which the dealer owner conducts business;
(2) each of the dealer's general distinguishing
numbers issued by the Texas Department of Motor Vehicles
[Transportation];
(3) a statement that the dealer owner is the owner of a
dealer's motor vehicle inventory; and
(4) the market value of the dealer's motor vehicle
inventory for the current tax year as computed under Section
23.121(b) [of this code].
(g) Under the terms provided by this subsection, the chief
appraiser may examine the books and records of the holder of a
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation]. A request made under this
subsection must be made in writing, delivered personally to the
custodian of the records, at the location for which the general
distinguishing number has been issued, must provide a period not
less than 15 days for the person to respond to the request, and must
state that the person to whom it is addressed has the right to seek
judicial relief from compliance with the request. In a request made
under this section the chief appraiser may examine:
(1) the document issued by the Texas Department of
Motor Vehicles [Transportation] showing the person's general
distinguishing number;
(2) documentation appropriate to allow the chief
appraiser to ascertain the applicability of this section and
Section 23.122 [of this code] to the person;
(3) sales records to substantiate information set
forth in the dealer's declaration filed by the person.
(h) If a dealer fails to file a declaration as required by
this section, or if, on the declaration required by this section, a
dealer reports the sale of fewer than five motor vehicles in the
prior year, the chief appraiser shall report that fact to the Texas
Department of Motor Vehicles [Transportation] and the department
shall initiate termination proceedings. The chief appraiser shall
include with the report a copy of a declaration, if any, indicating
the sale by a dealer of fewer than five motor vehicles in the prior
year. A report by a chief appraiser to the Texas Department of
Motor Vehicles [Transportation] as provided by this subsection is
prima facie grounds for the cancellation of the dealer's general
distinguishing number under Section 503.038(a)(9), Transportation
Code, or for refusal by the Texas Department of Motor Vehicles
[Transportation] to renew the dealer's general distinguishing
number.
SECTION 3K.05. Section 23.123(c), Tax Code, is amended to
read as follows:
(c) Information made confidential by this section may be
disclosed:
(1) in a judicial or administrative proceeding
pursuant to a lawful subpoena;
(2) to the person who filed the declaration or
statement or to that person's representative authorized by the
person in writing to receive the information;
(3) to the comptroller or an employee of the
comptroller authorized by the comptroller to receive the
information;
(4) to a collector or chief appraiser;
(5) to a district attorney, criminal district attorney
or county attorney involved in the enforcement of a penalty imposed
pursuant to Section 23.121 or Section 23.122 [of this code];
(6) for statistical purposes if in a form that does not
identify specific property or a specific property owner;
(7) if and to the extent that the information is
required for inclusion in a public document or record that the
appraisal or collection office is required by law to prepare or
maintain; or
(8) to the Texas Department of Motor Vehicles
[Transportation] for use by that department in auditing compliance
of its licensees with appropriate provisions of applicable law.
SECTION 3K.06. Section 23.124(a)(11), Tax Code, is amended
to read as follows:
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of:
(A) a vessel, other than a trailer that is
treated as a vessel, as set forth as "sales price" in the form
entitled "Application for Texas Certificate of Number/Title for
Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
and Wildlife Department;
(B) an outboard motor as set forth as "sales
price" in the form entitled "Application for Texas Certificate of
Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
promulgated by the Parks and Wildlife Department; or
(C) a trailer that is treated as a vessel as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation].
In a transaction involving a vessel, an outboard motor,
or a trailer that is treated as a vessel that does not involve the
use of one of these forms, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
Application for Texas Certificate of Title for an Outboard
Motor/Seller, Donor or Trader's Affidavit, or the Application for
Texas Certificate of Title if one of these forms were involved.
SECTION 3K.07. Section 113.011, Tax Code, is amended to
read as follows:
Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
Texas Department of Motor Vehicles [Transportation] each release of
a tax lien filed by the comptroller with that department.
SECTION 3K.08. Sections 152.0412(a) and (f), Tax Code, are
amended to read as follows:
(a) In this section, "standard presumptive value" means the
private-party transaction value of a motor vehicle, as determined
by the Texas Department of Motor Vehicles [Transportation] based on
an appropriate regional guidebook of a nationally recognized motor
vehicle value guide service, or based on another motor vehicle
guide publication that the department determines is appropriate if
a private-party transaction value for the motor vehicle is not
available from a regional guidebook described by this subsection.
(f) The Texas Department of Motor Vehicles [Transportation]
shall maintain information on the standard presumptive values of
motor vehicles as part of the department's registration and title
system. The department shall update the information at least
quarterly each calendar year and publish, electronically or
otherwise, the updated information.
SECTION 3K.09. Section 152.042, Tax Code, is amended to
read as follows:
Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
person required to pay the tax imposed by Section 152.027 shall pay
the tax to the Texas Department of Motor Vehicles [Transportation],
and the department may not issue the metal dealer's plates until the
tax is paid.
SECTION 3K.10. Section 152.121(b), Tax Code, is amended to
read as follows:
(b) Taxes on metal dealer plates collected by the Texas
Department of Motor Vehicles [Transportation] shall be deposited by
the department in the state treasury in the same manner as are other
taxes collected under this chapter.
SECTION 3K.11. Section 162.001(52), Tax Code, is amended to
read as follows:
(52) "Registered gross weight" means the total weight
of the vehicle and carrying capacity shown on the registration
certificate issued by the Texas Department of Motor Vehicles
[Transportation].
ARTICLE 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
RIGHTS OF ACTION
SECTION 4.01. (a) All powers, duties, obligations, and
rights of action of the Motor Vehicle Division and the Vehicle
Titles and Registration Division of the Texas Department of
Transportation are transferred to the Texas Department of Motor
Vehicles, and all powers, duties, obligations, and rights of action
of the Texas Transportation Commission in connection or associated
with those divisions of the Texas Department of Transportation are
transferred to the board of the Texas Department of Motor Vehicles
on November 1, 2009.
(b) The powers, duties, obligations, and rights of action of
the portion of the Motor Carrier Division of the Texas Department of
Transportation that is responsible for motor carrier registration
and the enforcement of Subtitle F, Title 7, Transportation Code,
are transferred to the Texas Department of Motor Vehicles, and the
associated powers, duties, obligations, and rights of action of the
Texas Transportation Commission are transferred to the board of the
Texas Department of Motor Vehicles on November 1, 2009.
(c) In connection with the transfers required by
Subsections (a) and (b) of this section, the personnel, furniture,
computers, other property and equipment, files, and related
materials used by the Motor Vehicle Division, the Vehicle Titles
and Registration Division, or the portion of the Motor Carrier
Division of the Texas Department of Transportation described in
Subsection (b) of this section are transferred to the Texas
Department of Motor Vehicles.
(d) The Texas Department of Motor Vehicles shall continue
any proceeding involving the Motor Vehicle Division, the Vehicle
Titles and Registration Division, or the portion of the Motor
Carrier Division of the Texas Department of Transportation
described in Subsection (b) of this section that was brought before
the effective date of this Act in accordance with the law in effect
on the date the proceeding was brought, and the former law is
continued in effect for that purpose.
(e) A certificate, license, document, permit, registration,
or other authorization issued by the Motor Vehicle Division or the
Vehicle Titles and Registration Division of the Texas Department of
Transportation or a registration issued by the Motor Carrier
Division of the Texas Department of Transportation that is in
effect on the effective date of this Act remains valid for the
period for which it was issued unless suspended or revoked by the
Texas Department of Motor Vehicles.
(f) A rule adopted by the Texas Transportation Commission or
the director of the Texas Department of Transportation in
connection with or relating to the Motor Vehicle Division, the
Vehicle Titles and Registration Division, or the portion of the
Motor Carrier Division of the Texas Department of Transportation
described in Subsection (b) of this section continues in effect
until it is amended or repealed by the board of the Texas Department
of Motor Vehicles or the Texas Department of Motor Vehicles, as
applicable.
(g) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Motor Vehicle Division, the
Vehicle Titles and Registration Division, or the portion of the
Motor Carrier Division of the Texas Department of Transportation
described in Subsection (b) of this section for the state fiscal
biennium ending August 31, 2009, is transferred and reappropriated
to the Texas Department of Motor Vehicles for the purpose of
implementing the powers, duties, obligations, and rights of action
transferred to that department under Subsection (a) of this
section.
SECTION 4.02. (a) All powers, duties, obligations, and
rights of action of the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation under
Article 4413(37), Revised Statutes, are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles, and all powers, duties,
obligations, and rights of action of the Texas Transportation
Commission in connection or associated with the Automobile Burglary
and Theft Prevention Authority Office of the Texas Department of
Transportation are transferred to the board of the Texas Department
of Motor Vehicles on November 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Automobile Burglary and Theft Prevention Authority Office of the
Texas Department of Transportation are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles.
(c) The Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Motor Vehicles shall continue
any proceeding involving the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that was brought before the effective date of this
Act in accordance with the law in effect on the date the proceeding
was brought, and the former law is continued in effect for that
purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that is in effect on the effective date of this Act
remains valid for the period for which it was issued unless
suspended or revoked by the Automobile Burglary and Theft
Prevention Authority Division of the Texas Department of Motor
Vehicles.
(e) A rule adopted by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation, the Texas Transportation Commission, or the
director of the Texas Department of Transportation in connection
with or relating to the Automobile Burglary and Theft Prevention
Authority Office of that department continues in effect until it is
amended or repealed by the board of the Texas Department of Motor
Vehicles or the Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Motor Vehicles, as applicable.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Automobile Burglary and Theft
Prevention Authority Office of that department for the state fiscal
biennium ending August 31, 2009, is transferred and reappropriated
to the Texas Department of Motor Vehicles for the purpose of
implementing the powers, duties, obligations, and rights of action
transferred to that department under Subsection (a) of this
section.
SECTION 4.03. The Transportation Legislative Oversight
Committee shall oversee the coordination and collaboration between
the Texas Department of Transportation and the Texas Department of
Motor Vehicles during the transitions required by Sections 4.01 and
4.02 of this article.
ARTICLE 5. APPOINTMENT OF BOARD
SECTION 5.01. Not later than October 1, 2009, the governor
shall appoint the members of the board of the Texas Department of
Motor Vehicles in accordance with Subchapter B, Chapter 1001,
Transportation Code, as added by this Act.
ARTICLE 6. FINANCIAL AUDIT
SECTION 6.01. (a) As soon as practicable after the
effective date of this Act, the office of the state auditor shall
conduct an initial financial audit to establish financial
benchmarks for the Texas Department of Motor Vehicles on its
overall status and condition in relation to funds on hand,
equipment and other assets, pending matters, and other issues
considered appropriate by the office of the state auditor.
(b) As soon as practicable after the completion of the audit
required by Subsection (a) of this section, the results of the audit
shall be reported by the office of the state auditor to the board of
the Texas Department of Motor Vehicles and to the Texas
Transportation Commission. The office of the state auditor shall
also provide a copy of the audit to the board and the commission.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. This Act takes effect September 1, 2009.