Texas 2009 - 81st Regular

Texas House Bill HB3097 Compare Versions

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1	1	H.B. No. 3097
2	2
3	3
4	4	AN ACT
5	5	relating to the creation, organization, governance, duties, and
6	6	functions of the Texas Department of Motor Vehicles, including the
7	7	transfer of certain duties to the Texas Department of Motor
8	8	Vehicles and the Texas Department of Licensing and Regulation, and
9	9	to the regulation of certain franchised motor vehicle dealers;
10	10	providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
13	13	SECTION 1.01. Title 7, Transportation Code, is amended by
14	14	adding Subtitle M to read as follows:
15	15	SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
16	16	CHAPTER 1001. ORGANIZATION OF DEPARTMENT
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 1001.001. DEFINITIONS. In this subtitle:
19	19	(1) "Board" means the board of the department.
20	20	(2) "Department" means the Texas Department of Motor
21	21	Vehicles.
22	22	Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
23	23	department is created as an agency of this state.
24	24	(b) In addition to the other duties required of the Texas
25	25	Department of Motor Vehicles, the department shall administer and
26	26	enforce:
27	27	(1) Subtitle A;
28	28	(2) Chapters 642, 643, 645, 646, and 648; and
29	29	(3) Chapters 2301 and 2302, Occupations Code.
30	30	Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
31	31	is composed of an executive director appointed by the board and
32	32	other employees required to efficiently implement:
33	33	(1) this subtitle;
34	34	(2) other applicable vehicle laws of this state; and
35	35	(3) other laws that grant jurisdiction to or are
36	36	applicable to the department.
37	37	Sec. 1001.004. DIVISIONS. The board shall organize the
38	38	department into divisions to accomplish the department's functions
39	39	and the duties assigned to it, including divisions for:
40	40	(1) administration;
41	41	(2) motor carriers;
42	42	(3) motor vehicle board; and
43	43	(4) vehicle titles and registration.
44	44	Sec. 1001.005. SUNSET PROVISION. The department is subject
45	45	to Chapter 325, Government Code (Texas Sunset Act). Unless
46	46	continued in existence as provided by that chapter, the department
47	47	is abolished September 1, 2015.
48	48	Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney
49	49	general shall defend an action brought against the board or the
50	50	department or an action brought against an employee of the
51	51	department as a result of the employee's official act or omission,
52	52	regardless of whether at the time of the institution of the action
53	53	that person has terminated service with the department.
54	54	[Sections 1001.007-1001.020 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES
56	56	Sec. 1001.021. BOARD. (a) The board consists of nine
57	57	members appointed by the governor with the advice and consent of the
58	58	senate.
59	59	(b) Three members must be persons who hold a dealer's
60	60	license issued under Chapter 2301, Occupations Code, of whom two
61	61	must be franchised dealers of different classes and one must be an
62	62	independent dealer; one member must be a representative of a
63	63	manufacturer or distributor that holds a license issued under
64	64	Chapter 2301, Occupations Code; one member must be a tax
65	65	assessor-collector; one member must be a representative of a law
66	66	enforcement agency of a county or municipality; and one member must
67	67	be a representative of the motor carrier industry. The remaining
68	68	members must be public members.
69	69	(c) Except as necessary to comply with Subsection (b), a
70	70	person is not eligible for appointment as a member of the board if
71	71	the person or the person's spouse:
72	72	(1) is employed by or participates in the management
73	73	of a business entity or other organization that is regulated by or
74	74	receives funds from the department;
75	75	(2) directly or indirectly owns or controls more than
76	76	10 percent interest in a business entity or other organization that
77	77	is regulated by or receives funds from the department;
78	78	(3) uses or receives a substantial amount of tangible
79	79	goods, services, or funds from the department, other than
80	80	compensation or reimbursement authorized by law for board
81	81	membership, attendance, or expenses; or
82	82	(4) is registered, certified, or licensed by the
83	83	department.
84	84	(d) A person required to register as a lobbyist under
85	85	Chapter 305, Government Code, because of the person's activities
86	86	for compensation on behalf of a profession related to the operation
87	87	of the department may not serve as a member of the board.
88	88	(e) Appointments to the board shall be made without regard
89	89	to race, color, disability, sex, religion, age, or national origin
90	90	of the appointees and shall reflect the diversity of the population
91	91	of the state as a whole.
92	92	Sec. 1001.022. TERMS. Members of the board serve staggered
93	93	six-year terms, with the terms of either one or two members expiring
94	94	February 1 of each odd-numbered year.
95	95	Sec. 1001.023. CHAIR AND VICE CHAIR; DUTIES. (a) The
96	96	governor shall appoint one of the board's members chair of the
97	97	board. The board shall elect one of its members vice chair of the
98	98	board. A chair or vice chair serves at the pleasure of the board.
99	99	(b) The chair shall:
100	100	(1) preside over board meetings, make rulings on
101	101	motions and points of order, and determine the order of business;
102	102	(2) represent the department in dealing with the
103	103	governor;
104	104	(3) report to the governor on the state of affairs of
105	105	the department at least quarterly;
106	106	(4) report to the board the governor's suggestions for
107	107	department operations;
108	108	(5) report to the governor on efforts, including
109	109	legislative requirements, to maximize the efficiency of department
110	110	operations through the use of private enterprise;
111	111	(6) periodically review the department's
112	112	organizational structure and submit recommendations for structural
113	113	changes to the governor, the board, and the Legislative Budget
114	114	Board;
115	115	(7) designate one or more employees of the department
116	116	as a civil rights division of the department and receive regular
117	117	reports from the division on the department's efforts to comply
118	118	with civil rights legislation and administrative rules;
119	119	(8) create subcommittees, appoint board members to
120	120	subcommittees, and receive the reports of subcommittees to the
121	121	board as a whole;
122	122	(9) appoint a member of the board to act in the chair's
123	123	absence; and
124	124	(10) serve as the departmental liaison with the
125	125	governor and the Office of State-Federal Relations to maximize
126	126	federal funding for transportation.
127	127	Sec. 1001.024. BOARD MEETINGS. The board shall hold
128	128	regular meetings at least quarterly and special meetings at the
129	129	call of the chair. Board members shall attend the meetings of the
130	130	board. The chair shall oversee the preparation of an agenda for
131	131	each meeting and ensure that a copy is provided to each board member
132	132	at least seven days before the meeting.
133	133	Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The
134	134	board shall consider ways in which the department's operations may
135	135	be improved and may periodically report to the legislature
136	136	concerning potential statutory changes that would improve the
137	137	operation of the department.
138	138	(b) On behalf of the board, the chair shall report to the
139	139	governor, the lieutenant governor, the speaker of the house of
140	140	representatives, and the presiding officers of relevant
141	141	legislative committees on legislative recommendations adopted by
142	142	the board and relating to the operation of the department.
143	143	Sec. 1001.026. COMPENSATION. A member of the board is
144	144	entitled to compensation as provided by the General Appropriations
145	145	Act. If compensation for board members is not provided by that Act,
146	146	each member is entitled to reimbursement for actual and necessary
147	147	expenses incurred in performing functions as a member of the board.
148	148	Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for
149	149	removal from the board if a board member:
150	150	(1) does not have at the time of appointment or
151	151	maintain during service on the board the qualifications required by
152	152	Section 1001.021;
153	153	(2) violates a prohibition provided by Section
154	154	1001.021;
155	155	(3) cannot discharge the member's duties for a
156	156	substantial part of the term for which the member is appointed
157	157	because of illness or disability; or
158	158	(4) is absent from more than half of the regularly
159	159	scheduled board meetings that the board member is eligible to
160	160	attend during a calendar year, unless the absence is excused by
161	161	majority vote of the board.
162	162	(b) The validity of an action of the board is not affected by
163	163	the fact that it is taken when a ground for removal of a board member
164	164	exists.
165	165	(c) If the executive director of the department knows that a
166	166	potential ground for removal exists, the director shall notify the
167	167	chair of the board of the ground, and the chair shall notify the
168	168	governor and the attorney general that a potential ground for
169	169	removal exists. If the potential ground for removal relates to the
170	170	chair, the director shall notify another board member, who shall
171	171	notify the governor and the attorney general that a potential
172	172	ground for removal exists.
173	173	Sec. 1001.028. CONFLICT OF INTEREST. (a) A member of the
174	174	board shall disclose in writing to the executive director if the
175	175	member has an interest in a matter before the board or has a
176	176	substantial financial interest in an entity that has a direct
177	177	interest in the matter.
178	178	(b) The member shall recuse himself or herself from the
179	179	board's deliberations and actions on the matter in Subsection (a)
180	180	and may not participate in the board's decision on the matter.
181	181	(c) A person has a substantial financial interest in an
182	182	entity if the person:
183	183	(1) is an employee, member, director, or officer of
184	184	the entity; or
185	185	(2) owns or controls, directly or indirectly, more
186	186	than a five percent interest in the entity.
187	187	Sec. 1001.029. INFORMATION ON QUALIFICATIONS AND CONDUCT.
188	188	The department shall provide to the members of the board, as often
189	189	as necessary, information concerning the members' qualifications
190	190	for office and their responsibilities under applicable laws
191	191	relating to standards of conduct for state officers.
192	192	Sec. 1001.030. TRAINING ON DEPARTMENT AND CERTAIN LAWS
193	193	RELATING TO DEPARTMENT. (a) To be eligible to take office as a
194	194	member of the board, a person appointed to the board must complete
195	195	at least one course of a training program that complies with this
196	196	section.
197	197	(b) The training program must provide information to the
198	198	person regarding:
199	199	(1) this subchapter;
200	200	(2) the programs operated by the department;
201	201	(3) the role and functions of the department;
202	202	(4) the rules of the department with an emphasis on the
203	203	rules that relate to disciplinary and investigatory authority;
204	204	(5) the current budget for the department;
205	205	(6) the results of the most recent formal audit of the
206	206	department;
207	207	(7) the requirements of the:
208	208	(A) open meetings law, Chapter 551, Government
209	209	Code;
210	210	(B) open records law, Chapter 552, Government
211	211	Code; and
212	212	(C) administrative procedure law, Chapter 2001,
213	213	Government Code;
214	214	(8) the requirements of the conflict of interest laws
215	215	and other laws relating to public officials; and
216	216	(9) any applicable ethics policies adopted by the
217	217	board or the Texas Ethics Commission.
218	218	(c) A person appointed to the board is entitled to
219	219	reimbursement for travel expenses incurred in attending the
220	220	training program, as provided by the General Appropriations Act and
221	221	as if the person were a member of the board.
222	222	Sec. 1001.031. ADVISORY COMMITTEES. (a) The board shall
223	223	establish separate advisory committees for the motor carrier, motor
224	224	vehicles, and vehicle titles and registration divisions to make
225	225	recommendations to the board or the executive director on the
226	226	operation of the applicable division. A committee has the
227	227	purposes, powers, and duties, including the manner of reporting its
228	228	work, prescribed by the board. A committee and each committee
229	229	member serves at the will of the board.
230	230	(b) The board shall appoint persons to each advisory
231	231	committee who:
232	232	(1) are selected from a list provided by the executive
233	233	director; and
234	234	(2) have knowledge about and interests in, and
235	235	represent a broad range of viewpoints about, the work of the
236	236	committee or applicable division.
237	237	(c) The advisory committee for the motor vehicles division
238	238	must include a member to represent motor vehicle manufacturers and
239	239	a member to represent the recreational vehicle industry.
240	240	(d) The advisory committee for the motor carrier division
241	241	must include a member to represent the motor transportation
242	242	industry.
243	243	(e) A member of an advisory committee may not be compensated
244	244	by the board or the department for committee service.
245	245	[Sections 1001.032-1001.040 reserved for expansion]
246	246	SUBCHAPTER C. PERSONNEL
247	247	Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the
248	248	General Appropriations Act or other law, the executive director
249	249	shall appoint deputies, assistants, and other personnel as
250	250	necessary to carry out the powers and duties of the department under
251	251	this code, other applicable vehicle laws of this state, and other
252	252	laws granting jurisdiction or applicable to the department.
253	253	(b) A person appointed under this section must have the
254	254	professional and administrative experience necessary to qualify
255	255	the person for the position to which the person is appointed.
256	256	Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board
257	257	shall develop and implement policies that clearly define the
258	258	respective responsibilities of the director and the staff of the
259	259	department.
260	260	Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
261	261	REPORT. (a) The executive director or the director's designee
262	262	shall prepare and maintain a written policy statement to ensure
263	263	implementation of a program of equal employment opportunity under
264	264	which all personnel transactions are made without regard to race,
265	265	color, disability, sex, religion, age, or national origin. The
266	266	policy statement must include:
267	267	(1) personnel policies, including policies relating
268	268	to recruitment, evaluation, selection, appointment, training, and
269	269	promotion of personnel that are in compliance with Chapter 21,
270	270	Labor Code;
271	271	(2) a comprehensive analysis of the department
272	272	workforce that meets federal and state guidelines;
273	273	(3) procedures by which a determination can be made of
274	274	significant underuse in the department workforce of all persons for
275	275	whom federal or state guidelines encourage a more equitable
276	276	balance; and
277	277	(4) reasonable methods to appropriately address those
278	278	areas of significant underuse.
279	279	(b) A policy statement prepared under this section must:
280	280	(1) cover an annual period;
281	281	(2) be updated annually;
282	282	(3) be reviewed by the civil rights division of the
283	283	Texas Workforce Commission for compliance with Subsection (a); and
284	284	(4) be filed with the governor.
285	285	(c) The governor shall deliver a biennial report to the
286	286	legislature based on the information received under Subsection (b).
287	287	The report may be made separately or as a part of other biennial
288	288	reports made to the legislature.
289	289	Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT.
290	290	The executive director shall provide to department employees, as
291	291	often as necessary, information regarding their:
292	292	(1) qualification for office or employment under this
293	293	subtitle; and
294	294	(2) responsibilities under applicable laws relating
295	295	to standards of conduct for state employees.
296	296	Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE
297	297	EVALUATIONS. (a) The executive director or the director's
298	298	designee shall develop an intra-agency career ladder program. The
299	299	program must require intra-agency posting of all nonentry level
300	300	positions concurrently with any public posting.
301	301	(b) The executive director or the director's designee shall
302	302	develop a system of annual performance evaluations. All merit pay
303	303	for department employees must be based on the system established
304	304	under this subsection.
305	305	CHAPTER 1002. RULES
306	306	Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board may
307	307	adopt any rules necessary and appropriate to implement the powers
308	308	and duties of the department under this code and other laws of this
309	309	state.
310	310	Sec. 1002.002. RULES RESTRICTING ADVERTISING OR
311	311	COMPETITIVE BIDDING. The board may not adopt rules restricting
312	312	advertising or competitive bidding by a person regulated by the
313	313	department except to prohibit false, misleading, or deceptive
314	314	practices by the person.
315	315	CHAPTER 1003. DEPARTMENT PROCEDURES
316	316	Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
317	317	specifically provided by law, the department is subject to Chapters
318	318	2001 and 2002, Government Code.
319	319	Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS.
320	320	(a) The board or the department by rule may:
321	321	(1) create a summary procedure for routine matters;
322	322	and
323	323	(2) designate department activities that otherwise
324	324	would be subject to Chapter 2001, Government Code, as routine
325	325	matters to be handled under the summary procedure.
326	326	(b) An activity may be designated as a routine matter only
327	327	if the activity is:
328	328	(1) voluminous;
329	329	(2) repetitive;
330	330	(3) believed to be noncontroversial; and
331	331	(4) of limited interest to anyone other than persons
332	332	immediately involved in or affected by the proposed department
333	333	action.
334	334	(c) The rules may establish procedures different from those
335	335	contained in Chapter 2001, Government Code. The procedures must
336	336	require, for each party directly involved, notice of a proposed
337	337	negative action not later than the fifth day before the date the
338	338	action is proposed to be taken.
339	339	(d) A rule adopted by the board under this section may
340	340	provide for the delegation of authority to take action on a routine
341	341	matter to a salaried employee of the department designated by the
342	342	board.
343	343	Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
344	344	person directly or indirectly affected by an action of the board or
345	345	the department on a routine matter taken under the summary
346	346	procedure adopted under Section 1003.002 is entitled to a review of
347	347	the action under Chapter 2001, Government Code.
348	348	(b) The person must apply to the board not later than the
349	349	60th day after the date of the action to be entitled to the review.
350	350	(c) The timely filing of the application for review
351	351	immediately stays the action pending a hearing on the merits.
352	352	(d) The board may adopt rules relating to an application for
353	353	review under this section and consideration of the application.
354	354	Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED
355	355	CASES. The board or the department, as applicable, may, on written
356	356	agreement or stipulation of each party and any intervenor,
357	357	informally dispose of a contested case in accordance with Section
358	358	2001.056, Government Code, notwithstanding any provision of this
359	359	code or other law that requires a hearing before the board or the
360	360	department, as applicable.
361	361	CHAPTER 1004. PUBLIC ACCESS
362	362	Sec. 1004.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
363	363	department shall prepare and maintain a written plan that describes
364	364	how a person who does not speak English may be provided reasonable
365	365	access to the department's programs.
366	366	(b) The department shall comply with federal and state laws
367	367	for program and facility accessibility.
368	368	Sec. 1004.002. PUBLIC COMMENT. The board and the
369	369	department shall develop and implement policies that provide the
370	370	public with a reasonable opportunity to appear before the board or
371	371	the department and to speak on any issue under the jurisdiction of
372	372	the board or the department.
373	373	Sec. 1004.003. PUBLIC REPRESENTATION ON ADVISORY BODY.
374	374	(a) At least one-half of the membership of each advisory body
375	375	appointed by the board, other than an advisory body whose
376	376	membership is determined by this code or by other law, must
377	377	represent the general public.
378	378	(b) A public representative may not be:
379	379	(1) an officer, director, or employee of a business
380	380	entity regulated by the department;
381	381	(2) a person required to register with the Texas
382	382	Ethics Commission under Chapter 305, Government Code; or
383	383	(3) a person related within the second degree by
384	384	affinity or consanguinity to a person described by Subdivision (1)
385	385	or (2).
386	386	CHAPTER 1005. STANDARDS OF CONDUCT
387	387	Sec. 1005.001. APPLICATION OF LAW RELATING TO ETHICAL
388	388	CONDUCT. The board, the executive director, and each employee or
389	389	agent of the department is subject to the code of ethics and the
390	390	standard of conduct imposed by Chapter 572, Government Code, and
391	391	any other law regulating the ethical conduct of state officers and
392	392	employees.
393	393	ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
394	394	OF TRANSPORTATION
395	395	PART A. GENERAL PROVISIONS AND ADMINISTRATION
396	396	SECTION 2A.01. Subsection (a), Section 201.202,
397	397	Transportation Code, is amended to read as follows:
398	398	(a) The commission shall organize the department into
399	399	divisions to accomplish the department's functions and the duties
400	400	assigned to it, including divisions for:
401	401	(1) aviation;
402	402	(2) highways and roads; and
403	403	(3) public transportation[; and
404	404	[(4) motor vehicle titles and registration].
405	405	SECTION 2A.02. Subdivision (2), Section 201.931,
406	406	Transportation Code, is amended to read as follows:
407	407	(2) "License" includes:
408	408	(A) a permit issued by the department that
409	409	authorizes the operation of a vehicle and its load or a combination
410	410	of vehicles and load exceeding size or weight limitations; and
411	411	(B) [a motor carrier registration issued under
412	412	Chapter 643;
413	413	[(C) a vehicle storage facility license issued
414	414	under Chapter 2303, Occupations Code;
415	415	[(D)] a license or permit for outdoor advertising
416	416	issued under Chapter 391 or 394[;
417	417	[(E) a salvage vehicle dealer or agent license
418	418	issued under Chapter 2302, Occupations Code;
419	419	[(F) specially designated or specialized license
420	420	plates issued under Subchapters E and F, Chapter 502; and
421	421	[(G) an apportioned registration issued
422	422	according to the International Registration Plan under Section
423	423	502.054].
424	424	SECTION 2A.03. Subsection (c), Section 201.202,
425	425	Transportation Code, is repealed.
426	426	PART B. STATE HIGHWAY TOLL PROJECTS
427	427	SECTION 2B.01. Subsections (b) and (h), Section 228.055,
428	428	Transportation Code, are amended to read as follows:
429	429	(b) The department may impose and collect the
430	430	administrative fee, so as to recover the cost of collecting the
431	431	unpaid toll, not to exceed $100. The department shall send a
432	432	written notice of nonpayment to the registered owner of the vehicle
433	433	at that owner's address as shown in the vehicle registration
434	434	records of the Texas Department of Motor Vehicles [department] by
435	435	first class mail and may require payment not sooner than the 30th
436	436	day after the date the notice was mailed. The registered owner
437	437	shall pay a separate toll and administrative fee for each event of
438	438	nonpayment under Section 228.054.
439	439	(h) In this section, "registered owner" means the owner of a
440	440	vehicle as shown on the vehicle registration records of the Texas
441	441	Department of Motor Vehicles [department] or the analogous
442	442	department or agency of another state or country.
443	443	SECTION 2B.02. Subsection (b), Section 228.056,
444	444	Transportation Code, is amended to read as follows:
445	445	(b) In the prosecution of an offense under Section
446	446	228.055(c), (d), or (e):
447	447	(1) it is presumed that the notice of nonpayment was
448	448	received on the fifth day after the date of mailing;
449	449	(2) a computer record of the Texas Department of Motor
450	450	Vehicles [department] of the registered owner of the vehicle is
451	451	prima facie evidence of its contents and that the defendant was the
452	452	registered owner of the vehicle when the underlying event of
453	453	nonpayment under Section 228.054 occurred; and
454	454	(3) a copy of the rental, lease, or other contract
455	455	document covering the vehicle on the date of the underlying event of
456	456	nonpayment under Section 228.054 is prima facie evidence of its
457	457	contents and that the defendant was the lessee of the vehicle when
458	458	the underlying event of nonpayment under Section 228.054 occurred.
459	459	PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
460	460	HIGHWAYS IN CERTAIN COUNTIES
461	461	SECTION 2C.01. Subsections (b), (e), and (h), Section
462	462	284.0701, Transportation Code, are amended to read as follows:
463	463	(b) The county may impose and collect the administrative
464	464	cost so as to recover the expense of collecting the unpaid toll, not
465	465	to exceed $100. The county shall send a written notice of
466	466	nonpayment to the registered owner of the vehicle at that owner's
467	467	address as shown in the vehicle registration records of the Texas
468	468	Department of Motor Vehicles [department] by first-class mail not
469	469	later than the 30th day after the date of the alleged failure to pay
470	470	and may require payment not sooner than the 30th day after the date
471	471	the notice was mailed. The registered owner shall pay a separate
472	472	toll and administrative cost for each event of nonpayment under
473	473	Section 284.070.
474	474	(e) It is an exception to the application of Subsection (a)
475	475	or (c) if the registered owner of the vehicle transferred ownership
476	476	of the vehicle to another person before the event of nonpayment
477	477	under Section 284.070 occurred, submitted written notice of the
478	478	transfer to the Texas Department of Motor Vehicles [department] in
479	479	accordance with Section 520.023, and before the 30th day after the
480	480	date the notice of nonpayment is mailed, provides to the county the
481	481	name and address of the person to whom the vehicle was transferred.
482	482	If the former owner of the vehicle provides the required
483	483	information within the period prescribed, the county may send a
484	484	notice of nonpayment to the person to whom ownership of the vehicle
485	485	was transferred at the address provided by the former owner by
486	486	first-class mail before the 30th day after the date of receipt of
487	487	the required information from the former owner. The subsequent
488	488	owner of the vehicle for which the proper toll was not paid who is
489	489	mailed a written notice of nonpayment under this subsection and
490	490	fails to pay the proper toll and administrative cost within the time
491	491	specified by the notice of nonpayment commits an offense. The
492	492	subsequent owner shall pay a separate toll and administrative cost
493	493	for each event of nonpayment under Section 284.070. Each failure to
494	494	pay a toll or administrative cost under this subsection is a
495	495	separate offense.
496	496	(h) In this section, "registered owner" means the owner of a
497	497	vehicle as shown on the vehicle registration records of the Texas
498	498	Department of Motor Vehicles [department] or the analogous
499	499	department or agency of another state or country.
500	500	PART D. CERTIFICATE OF TITLE ACT
501	501	SECTION 2D.01. Subdivision (3), Section 501.002,
502	502	Transportation Code, is amended to read as follows:
503	503	(3) "Department" means the Texas Department of Motor
504	504	Vehicles [Transportation].
505	505	PART E. REGISTRATION OF VEHICLES
506	506	SECTION 2E.01. Section 502.001, Transportation Code, is
507	507	amended by adding Subdivision (1-a) and amending Subdivision (3) to
508	508	read as follows:
509	509	(1-a) "Board" means the board of the Texas Department
510	510	of Motor Vehicles.
511	511	(3) "Department" means the Texas Department of Motor
512	512	Vehicles [Transportation].
513	513	SECTION 2E.02. Section 502.051, Transportation Code, is
514	514	amended to read as follows:
515	515	Sec. 502.051. DEPOSIT OF REGISTRATION FEES IN STATE HIGHWAY
516	516	FUND. Except as otherwise provided by this chapter, the board
517	517	[Texas Transportation Commission] and the department shall deposit
518	518	all money received from registration fees in the state treasury to
519	519	the credit of the state highway fund.
520	520	SECTION 2E.03. Section 502.052(a), Transportation Code, is
521	521	amended to read as follows:
522	522	(a) The department shall prepare the designs and
523	523	specifications of license plates and devices selected by the board
524	524	[Texas Transportation Commission] to be used as the registration
525	525	insignia.
526	526	SECTION 2E.04. Subsections (a) and (b), Section 502.053,
527	527	Transportation Code, are amended to read as follows:
528	528	(a) The department [Texas Department of Transportation]
529	529	shall reimburse the Texas Department of Criminal Justice for the
530	530	cost of manufacturing license plates or registration insignia as
531	531	the license plates or insignia and the invoice for the license
532	532	plates or insignia are delivered to the department [Texas
533	533	Department of Transportation].
534	534	(b) When manufacturing is started, the Texas Department of
535	535	Criminal Justice, the department [Texas Department of
536	536	Transportation], and the comptroller, after negotiation, shall set
537	537	the price to be paid for each license plate or insignia. The price
538	538	must be determined from:
539	539	(1) the cost of metal, paint, and other materials
540	540	purchased;
541	541	(2) the inmate maintenance cost per day;
542	542	(3) overhead expenses;
543	543	(4) miscellaneous charges; and
544	544	(5) a previously approved amount of profit for the
545	545	work.
546	546	SECTION 2E.05. Section 502.1515, Transportation Code, is
547	547	amended to read as follows:
548	548	Sec. 502.1515. OUTSOURCING PRODUCTION OF RENEWAL NOTICES;
549	549	PAID ADVERTISING. The board [commission] may authorize the
550	550	department to enter into a contract with a private vendor to produce
551	551	and distribute motor vehicle registration renewal notices. The
552	552	contract may provide for the inclusion of paid advertising in the
553	553	registration renewal notice packet.
554	554	SECTION 2E.06. Section 502.352(c), Transportation Code, is
555	555	amended to read as follows:
556	556	(c) A person may obtain a permit under this section by:
557	557	(1) applying to the county assessor-collector, the
558	558	department, or the department's wire service agent, if the
559	559	department has a wire service agent;
560	560	(2) paying a fee of $25 for a 72-hour permit or $50 for
561	561	a 144-hour permit:
562	562	(A) in cash;
563	563	(B) by postal money order;
564	564	(C) by certified check;
565	565	(D) by wire transfer through the department's
566	566	wire service agent, if any;
567	567	(E) by an escrow account; or
568	568	(F) where the service is provided, by a credit
569	569	card issued by:
570	570	(i) a financial institution chartered by a
571	571	state or the United States; or
572	572	(ii) a nationally recognized credit
573	573	organization approved by the board [Texas Transportation
574	574	Commission];
575	575	(3) paying a discount or service charge for a credit
576	576	card payment or escrow account, in addition to the fee; and
577	577	(4) furnishing to the county assessor-collector, the
578	578	department, or the department's wire service agent, evidence of
579	579	financial responsibility for the vehicle that complies with
580	580	Sections 502.153(c) and 601.168(a) and is written by an insurance
581	581	company or surety company authorized to write motor vehicle
582	582	liability insurance in this state.
583	583	SECTION 2E.07. Section 502.355(h), Transportation Code, is
584	584	amended to read as follows:
585	585	(h) A person operating a vehicle under a permit issued under
586	586	this section commits an offense if the person:
587	587	(1) transports farm products to a place of market,
588	588	storage, or processing or a railhead or seaport that is farther from
589	589	the place of production or point of entry, as appropriate, than the
590	590	distance provided for in the permit; or
591	591	(2) follows a route other than that prescribed by the
592	592	board [Texas Transportation Commission].
593	593	PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
594	594	SECTION 2F.01. Subdivisions (2) and (5), Section 503.001,
595	595	Transportation Code, are amended to read as follows:
596	596	(2) "Commission" means the board of the Texas
597	597	Department of Motor Vehicles [Texas Transportation Commission].
598	598	(5) "Department" means the Texas Department of Motor
599	599	Vehicles [Transportation].
600	600	PART G. SPECIALTY LICENSE PLATES
601	601	SECTION 2G.01. Section 504.001(a), Transportation Code, is
602	602	amended to read as follows:
603	603	(a) In this chapter:
604	604	(1) "Board" means the board of the Texas Department of
605	605	Motor Vehicles [, "commission" and "director" have the meanings
606	606	assigned by Section 201.001].
607	607	(2) "Department" means the Texas Department of Motor
608	608	Vehicles.
609	609	SECTION 2G.02. Section 504.004, Transportation Code, is
610	610	amended to read as follows:
611	611	Sec. 504.004. RULES AND FORMS. The board [commission] may
612	612	adopt rules and the department may issue forms to implement and
613	613	administer this chapter.
614	614	SECTION 2G.03. Sections 504.851(b), (c), and (d),
615	615	Transportation Code, are amended to read as follows:
616	616	(b) Instead of the fees established by Section 504.101(c),
617	617	the board [commission] by rule shall establish fees for the
618	618	issuance or renewal of personalized license plates that are
619	619	marketed and sold by the private vendor. Fees must be reasonable
620	620	and not less than the greater of:
621	621	(1) the amounts necessary to allow the department to
622	622	recover all reasonable costs to the department associated with the
623	623	evaluation of the competitive sealed proposals received by the
624	624	department and with the implementation and enforcement of the
625	625	contract, including direct, indirect, and administrative costs; or
626	626	(2) the amount established by Section 504.101(c).
627	627	(c) The board [commission] by rule shall establish the fees
628	628	for the issuance or renewal of souvenir license plates, specialty
629	629	license plates, or souvenir or specialty license plates that are
630	630	personalized that are marketed and sold by the private vendor. Fees
631	631	must be reasonable and not less than the amounts necessary to allow
632	632	the department to recover all reasonable costs to the department
633	633	associated with the evaluation of the competitive sealed proposals
634	634	received by the department and with the implementation and
635	635	enforcement of the contract, including direct, indirect, and
636	636	administrative costs. A fee established under this subsection is
637	637	in addition to:
638	638	(1) the registration fee and any optional registration
639	639	fee prescribed by this chapter for the vehicle for which specialty
640	640	license plates are issued;
641	641	(2) any additional fee prescribed by this subchapter
642	642	for the issuance of specialty license plates for that vehicle; and
643	643	(3) any additional fee prescribed by this subchapter
644	644	for the issuance of personalized license plates for that vehicle.
645	645	(d) At any time as necessary to comply with Subsection (b)
646	646	or (c), the board [commission] may increase or decrease the amount
647	647	of a fee established under the applicable subsection.
648	648	PART H. MISCELLANEOUS PROVISIONS
649	649	SECTION 2H.01. Section 520.001, Transportation Code, is
650	650	amended to read as follows:
651	651	Sec. 520.001. DEFINITION. In this chapter, "department"
652	652	means the Texas Department of Motor Vehicles [Transportation].
653	653	PART I. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
654	654	SECTION 2I.01. Section 551.302, Transportation Code, is
655	655	amended to read as follows:
656	656	Sec. 551.302. REGISTRATION. The Texas Department of Motor
657	657	Vehicles [Transportation] may adopt rules relating to the
658	658	registration and issuance of license plates to neighborhood
659	659	electric vehicles.
660	660	PART J. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
661	661	SECTION 2J.01. Section 601.023, Transportation Code, is
662	662	amended to read as follows:
663	663	Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
664	664	may pay:
665	665	(1) a statutory fee required by the Texas Department
666	666	of Motor Vehicles [Transportation] for a certified abstract or in
667	667	connection with suspension of a vehicle registration; or
668	668	(2) a statutory fee payable to the comptroller for
669	669	issuance of a certificate of deposit required by Section 601.122.
670	670	SECTION 2J.02. Section 601.451, Transportation Code, as
671	671	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
672	672	Regular Session, 2005, is amended to read as follows:
673	673	Sec. 601.451. DEFINITION. In this subchapter,
674	674	"implementing agencies" means:
675	675	(1) the department;
676	676	(2) the Texas Department of Motor Vehicles
677	677	[Transportation];
678	678	(3) the Texas Department of Insurance; and
679	679	(4) the Department of Information Resources.
680	680	SECTION 2J.03. Subchapter N, Chapter 601, Transportation
681	681	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
682	682	Legislature, Regular Session, 2003, is repealed.
683	683	PART K. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
684	684	SECTION 2K.01. Subsection (d), Section 642.002,
685	685	Transportation Code, is amended to read as follows:
686	686	(d) The Texas Department of Motor Vehicles [Transportation]
687	687	by rule may prescribe additional requirements regarding the form of
688	688	the markings required by Subsection (a)(2) that are not
689	689	inconsistent with that subsection.
690	690	PART L. MOTOR CARRIER REGISTRATION
691	691	SECTION 2L.01. Subdivision (1), Section 643.001,
692	692	Transportation Code, is amended to read as follows:
693	693	(1) "Department" means the Texas Department of Motor
694	694	Vehicles [Transportation].
695	695	PART M. SINGLE STATE REGISTRATION
696	696	SECTION 2M.01. Section 645.001, Transportation Code, is
697	697	amended to read as follows:
698	698	Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
699	699	Texas Department of Motor Vehicles [Transportation] may, to the
700	700	fullest extent practicable, participate in a federal motor carrier
701	701	registration program under the unified carrier registration system
702	702	as defined by Section 643.001 or a [the] single state registration
703	703	system established under federal law [49 U.S.C. Section 14504].
704	704	PART N. MOTOR TRANSPORTATION BROKERS
705	705	SECTION 2N.01. Subsection (a), Section 646.003,
706	706	Transportation Code, is amended to read as follows:
707	707	(a) A person may not act as a motor transportation broker
708	708	unless the person provides a bond to the Texas Department of Motor
709	709	Vehicles [Transportation].
710	710	PART O. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
711	711	SECTION 2O.01. Section 648.002, Transportation Code, is
712	712	amended to read as follows:
713	713	Sec. 648.002. RULES. In addition to rules required by this
714	714	chapter, the Texas Department of Motor Vehicles [Transportation],
715	715	the Department of Public Safety, and the Texas Department of
716	716	Insurance may adopt other rules to carry out this chapter.
717	717	PART P. PRIVILEGED PARKING
718	718	SECTION 2P.01. Section 681.001(1), Transportation Code, is
719	719	amended to read as follows:
720	720	(1) "Department" means the Texas Department of Motor
721	721	Vehicles [Transportation].
722	722	PART Q. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
723	723	STOPPING OFFENSES
724	724	SECTION 2Q.01. Section 682.008, Transportation Code, is
725	725	amended to read as follows:
726	726	Sec. 682.008. PRESUMPTIONS. In an administrative
727	727	adjudication hearing under this chapter:
728	728	(1) it is presumed that the registered owner of the
729	729	motor vehicle is the person who parked or stopped the vehicle at the
730	730	time and place of the offense charged; and
731	731	(2) the Texas Department of Motor Vehicles'
732	732	[Transportation's] computer-generated record of the registered
733	733	vehicle owner is prima facie evidence of the contents of the record.
734	734	PART R. ABANDONED MOTOR VEHICLES
735	735	SECTION 2R.01. Subdivision (1), Section 683.001,
736	736	Transportation Code, is amended to read as follows:
737	737	(1) "Department" means the Texas Department of Motor
738	738	Vehicles [Transportation].
739	739	PART S. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
740	740	SECTION 2S.01. Subdivision (1), Section 702.001,
741	741	Transportation Code, is amended to read as follows:
742	742	(1) "Department" means the Texas Department of Motor
743	743	Vehicles [Transportation].
744	744	PART T. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
745	745	SECTION 2T.01. Subdivision (2), Section 707.001,
746	746	Transportation Code, is amended to read as follows:
747	747	(2) "Owner of a motor vehicle" means the owner of a
748	748	motor vehicle as shown on the motor vehicle registration records of
749	749	the Texas Department of Motor Vehicles [Transportation] or the
750	750	analogous department or agency of another state or country.
751	751	SECTION 2T.02. Subsection (b), Section 707.011,
752	752	Transportation Code, is amended to read as follows:
753	753	(b) Not later than the 30th day after the date the violation
754	754	is alleged to have occurred, the designated department, agency, or
755	755	office of the local authority or the entity with which the local
756	756	authority contracts under Section 707.003(a)(1) shall mail the
757	757	notice of violation to the owner at:
758	758	(1) the owner's address as shown on the registration
759	759	records of the Texas Department of Motor Vehicles [Transportation];
760	760	or
761	761	(2) if the vehicle is registered in another state or
762	762	country, the owner's address as shown on the motor vehicle
763	763	registration records of the department or agency of the other state
764	764	or country analogous to the Texas Department of Motor Vehicles
765	765	[Transportation].
766	766	SECTION 2T.03. Section 707.017, Transportation Code, is
767	767	amended to read as follows:
768	768	Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
769	769	is delinquent in the payment of a civil penalty imposed under this
770	770	chapter, the county assessor-collector or the Texas Department of
771	771	Motor Vehicles [Transportation] may refuse to register a motor
772	772	vehicle alleged to have been involved in the violation.
773	773	PART U. SALE OR LEASE OF MOTOR VEHICLES
774	774	SECTION 2U.01. Subdivision (9), Section 2301.002,
775	775	Occupations Code, is amended to read as follows:
776	776	(9) "Department" means the Texas Department of Motor
777	777	Vehicles [Transportation].
778	778	SECTION 2U.02. Subdivision (33), Section 2301.002,
779	779	Occupations Code, is repealed.
780	780	PART V. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
781	781	SECTION 2V.01. Subdivision (3), Section 1, Article
782	782	4413(37), Revised Statutes, is amended to read as follows:
783	783	(3) "Department" means the Texas Department of Motor
784	784	Vehicles [Transportation].
785	785	SECTION 2V.02. Section 2, Article 4413(37), Revised
786	786	Statutes, is amended to read as follows:
787	787	Sec. 2. The Automobile Burglary and Theft Prevention
788	788	Authority is established in the Texas Department of Motor Vehicles
789	789	[Transportation]. The authority is not an advisory body to the
790	790	Texas Department of Motor Vehicles [Transportation].
791	791	ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
792	792	TRANSPORTATION IN OTHER CODES
793	793	PART A. BUSINESS & COMMERCE CODE
794	794	SECTION 3A.01. Subsection (b), Section 51.003, Business &
795	795	Commerce Code, as effective April 1, 2009, is amended to read as
796	796	follows:
797	797	(b) In this chapter, "business opportunity" does not
798	798	include:
799	799	(1) the sale or lease of an established and ongoing
800	800	business or enterprise that has actively conducted business before
801	801	the sale or lease, whether composed of one or more than one
802	802	component business or enterprise, if the sale or lease represents
803	803	an isolated transaction or series of transactions involving a bona
804	804	fide change of ownership or control of the business or enterprise or
805	805	liquidation of the business or enterprise;
806	806	(2) a sale by a retailer of goods or services under a
807	807	contract or other agreement to sell the inventory of one or more
808	808	ongoing leased departments to a purchaser who is granted the right
809	809	to sell the goods or services within or adjoining a retail business
810	810	establishment as a department or division of the retail business
811	811	establishment;
812	812	(3) a transaction that is:
813	813	(A) regulated by the Texas Department of
814	814	Licensing and Regulation, the Texas Department of Insurance, the
815	815	Texas Real Estate Commission, or the director of the Motor Vehicle
816	816	Division of the Texas Department of Motor Vehicles
817	817	[Transportation]; and
818	818	(B) engaged in by a person licensed by one of
819	819	those agencies;
820	820	(4) a real estate syndication;
821	821	(5) a sale or lease to a business enterprise that also
822	822	sells or leases products, equipment, or supplies or performs
823	823	services:
824	824	(A) that are not supplied by the seller; and
825	825	(B) that the purchaser does not use with the
826	826	seller's products, equipment, supplies, or services;
827	827	(6) the offer or sale of a franchise as described by
828	828	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
829	829	seq.) and its subsequent amendments;
830	830	(7) the offer or sale of a business opportunity if the
831	831	seller:
832	832	(A) has a net worth of $25 million or more
833	833	according to the seller's audited balance sheet as of a date not
834	834	earlier than the 13th month before the date of the transaction; or
835	835	(B) is at least 80 percent owned by another
836	836	person who:
837	837	(i) in writing unconditionally guarantees
838	838	performance by the person offering the business opportunity plan;
839	839	and
840	840	(ii) has a net worth of more than $25
841	841	million according to the person's most recent audited balance sheet
842	842	as of a date not earlier than the 13th month before the date of the
843	843	transaction; or
844	844	(8) an arrangement defined as a franchise by 16 C.F.R.
845	845	Section 436.2(a) and its subsequent amendments if:
846	846	(A) the franchisor complies in all material
847	847	respects in this state with 16 C.F.R. Part 436 and each order or
848	848	other action of the Federal Trade Commission; and
849	849	(B) before offering for sale or selling a
850	850	franchise in this state, a person files with the secretary of state
851	851	a notice containing:
852	852	(i) the name of the franchisor;
853	853	(ii) the name under which the franchisor
854	854	intends to transact business; and
855	855	(iii) the franchisor's principal business
856	856	address.
857	857	SECTION 3A.02. Subsection (b), Section 105.004, Business &
858	858	Commerce Code, as effective April 1, 2009, is amended to read as
859	859	follows:
860	860	(b) The Texas Department of Motor Vehicles [Transportation]
861	861	shall provide a notice that states the provisions of this chapter to
862	862	each person with a disability who is issued:
863	863	(1) license plates under Section 504.201,
864	864	Transportation Code; or
865	865	(2) a disabled parking placard under Section 681.004,
866	866	Transportation Code.
867	867	PART B. CODE OF CRIMINAL PROCEDURE
868	868	SECTION 3B.01. Subdivision (1), Section 1, Article 42.22,
869	869	Code of Criminal Procedure, is amended to read as follows:
870	870	(1) "Department" means the Texas Department of Motor
871	871	Vehicles [Transportation].
872	872	SECTION 3B.02. Subsection (c), Article 59.04, Code of
873	873	Criminal Procedure, is amended to read as follows:
874	874	(c) If the property is a motor vehicle, and if there is
875	875	reasonable cause to believe that the vehicle has been registered
876	876	under the laws of this state, the attorney representing the state
877	877	shall ask the Texas Department of Motor Vehicles [Transportation]
878	878	to identify from its records the record owner of the vehicle and any
879	879	interest holder. If the addresses of the owner and interest holder
880	880	are not otherwise known, the attorney representing the state shall
881	881	request citation be served on such persons at the address listed
882	882	with the Texas Department of Motor Vehicles [Transportation]. If
883	883	the citation issued to such address is returned unserved, the
884	884	attorney representing the state shall cause a copy of the notice of
885	885	the seizure and intended forfeiture to be posted at the courthouse
886	886	door, to remain there for a period of not less than 30 days. If the
887	887	owner or interest holder does not answer or appear after the notice
888	888	has been so posted, the court shall enter a judgment by default as
889	889	to the owner or interest holder, provided that the attorney
890	890	representing the state files a written motion supported by
891	891	affidavit setting forth the attempted service. An owner or
892	892	interest holder whose interest is forfeited in this manner shall
893	893	not be liable for court costs. If the person in possession of the
894	894	vehicle at the time of the seizure is not the owner or the interest
895	895	holder of the vehicle, notification shall be provided to the
896	896	possessor in the same manner specified for notification to an owner
897	897	or interest holder.
898	898	PART C. FAMILY CODE
899	899	SECTION 3C.01. Subsection (b), Section 157.316, Family
900	900	Code, is amended to read as follows:
901	901	(b) If a lien established under this subchapter attaches to
902	902	a motor vehicle, the lien must be perfected in the manner provided
903	903	by Chapter 501, Transportation Code, and the court or Title IV-D
904	904	agency that rendered the order of child support shall include in the
905	905	order a requirement that the obligor surrender to the court or Title
906	906	IV-D agency evidence of the legal ownership of the motor vehicle
907	907	against which the lien may attach. A lien against a motor vehicle
908	908	under this subchapter is not perfected until the obligor's title to
909	909	the vehicle has been surrendered to the court or Title IV-D agency
910	910	and the Texas Department of Motor Vehicles [Transportation] has
911	911	issued a subsequent title that discloses on its face the fact that
912	912	the vehicle is subject to a child support lien under this
913	913	subchapter.
914	914	SECTION 3C.02. Subsection (a), Section 232.0022, Family
915	915	Code, is amended to read as follows:
916	916	(a) The Texas Department of Motor Vehicles [Transportation]
917	917	is the appropriate licensing authority for suspension or nonrenewal
918	918	of a motor vehicle registration under this chapter.
919	919	SECTION 3C.03. Subsection (b), Section 232.014, Family
920	920	Code, is amended to read as follows:
921	921	(b) A fee collected by the Texas Department of Motor
922	922	Vehicles [Transportation] or the Department of Public Safety shall
923	923	be deposited to the credit of the state highway fund.
924	924	SECTION 3C.04. Subsection (b), Section 264.502, Family
925	925	Code, is amended to read as follows:
926	926	(b) The members of the committee who serve under Subsections
927	927	(a)(1) through (3) shall select the following additional committee
928	928	members:
929	929	(1) a criminal prosecutor involved in prosecuting
930	930	crimes against children;
931	931	(2) a sheriff;
932	932	(3) a justice of the peace;
933	933	(4) a medical examiner;
934	934	(5) a police chief;
935	935	(6) a pediatrician experienced in diagnosing and
936	936	treating child abuse and neglect;
937	937	(7) a child educator;
938	938	(8) a child mental health provider;
939	939	(9) a public health professional;
940	940	(10) a child protective services specialist;
941	941	(11) a sudden infant death syndrome family service
942	942	provider;
943	943	(12) a neonatologist;
944	944	(13) a child advocate;
945	945	(14) a chief juvenile probation officer;
946	946	(15) a child abuse prevention specialist;
947	947	(16) a representative of the Department of Public
948	948	Safety; and
949	949	(17) a representative of the Texas Department of Motor
950	950	Vehicles [Transportation].
951	951	PART D. FINANCE CODE
952	952	SECTION 3D.01. Subdivision (9), Section 306.001, Finance
953	953	Code, is amended to read as follows:
954	954	(9) "Qualified commercial loan":
955	955	(A) means:
956	956	(i) a commercial loan in which one or more
957	957	persons as part of the same transaction lends, advances, borrows,
958	958	or receives, or is obligated to lend or advance or entitled to
959	959	borrow or receive, money or credit with an aggregate value of:
960	960	(a) $3 million or more if the
961	961	commercial loan is secured by real property; or
962	962	(b) $250,000 or more if the commercial
963	963	loan is not secured by real property and, if the aggregate value of
964	964	the commercial loan is less than $500,000, the loan documents
965	965	contain a written certification from the borrower that:
966	966	(1) the borrower has been
967	967	advised by the lender to seek the advice of an attorney and an
968	968	accountant in connection with the commercial loan; and
969	969	(2) the borrower has had the
970	970	opportunity to seek the advice of an attorney and accountant of the
971	971	borrower's choice in connection with the commercial loan; and
972	972	(ii) a renewal or extension of a commercial
973	973	loan described by Paragraph (A), regardless of the principal amount
974	974	of the loan at the time of the renewal or extension; and
975	975	(B) does not include a commercial loan made for
976	976	the purpose of financing a business licensed by the Motor Vehicle
977	977	Board of the Texas Department of Motor Vehicles [Transportation]
978	978	under Section 2301.251(a), Occupations Code.
979	979	SECTION 3D.02. Subdivision (10-a), Section 348.001,
980	980	Finance Code, is amended to read as follows:
981	981	(10-a) "Towable recreation vehicle" means a
982	982	nonmotorized vehicle that:
983	983	(A) was originally designed and manufactured
984	984	primarily to provide temporary human habitation in conjunction with
985	985	recreational, camping, or seasonal use;
986	986	(B) is titled and registered with the Texas
987	987	Department of Motor Vehicles [Transportation] as a travel trailer
988	988	through a county tax assessor-collector;
989	989	(C) is permanently built on a single chassis;
990	990	(D) contains at least one life support system;
991	991	and
992	992	(E) is designed to be towable by a motor vehicle.
993	993	SECTION 3D.03. Section 348.518, Finance Code, is amended to
994	994	read as follows:
995	995	Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
996	996	enforcement of law and minimization of regulatory burdens, the
997	997	commissioner and the Texas Department of Motor Vehicles
998	998	[Transportation] may share information, including criminal history
999	999	information, relating to a person licensed under this chapter.
1000	1000	Information otherwise confidential remains confidential after it
1001	1001	is shared under this section.
1002	1002	PART E. GOVERNMENT CODE
1003	1003	SECTION 3E.01. Subsection (d), Section 411.122, Government
1004	1004	Code, is amended to read as follows:
1005	1005	(d) The following state agencies are subject to this
1006	1006	section:
1007	1007	(1) Texas Appraiser Licensing and Certification
1008	1008	Board;
1009	1009	(2) Texas Board of Architectural Examiners;
1010	1010	(3) Texas Board of Chiropractic Examiners;
1011	1011	(4) State Board of Dental Examiners;
1012	1012	(5) Texas Board of Professional Engineers;
1013	1013	(6) Texas Funeral Service Commission;
1014	1014	(7) Texas Board of Professional Geoscientists;
1015	1015	(8) Department of State Health Services, except as
1016	1016	provided by Section 411.110, and agencies attached to the
1017	1017	department, including:
1018	1018	(A) Texas State Board of Examiners of Dietitians;
1019	1019	(B) Texas State Board of Examiners of Marriage
1020	1020	and Family Therapists;
1021	1021	(C) Midwifery Board;
1022	1022	(D) Texas State Perfusionist Advisory Committee
1023	1023	[Board of Examiners of Perfusionists];
1024	1024	(E) Texas State Board of Examiners of
1025	1025	Professional Counselors;
1026	1026	(F) Texas State Board of Social Worker Examiners;
1027	1027	(G) State Board of Examiners for Speech-Language
1028	1028	Pathology and Audiology;
1029	1029	(H) Advisory Board of Athletic Trainers;
1030	1030	(I) State Committee of Examiners in the Fitting
1031	1031	and Dispensing of Hearing Instruments;
1032	1032	(J) Texas Board of Licensure for Professional
1033	1033	Medical Physicists; and
1034	1034	(K) Texas Board of Orthotics and Prosthetics;
1035	1035	(9) Texas Board of Professional Land Surveying;
1036	1036	(10) Texas Department of Licensing and Regulation,
1037	1037	except as provided by Section 411.093;
1038	1038	(11) Texas Commission on Environmental Quality;
1039	1039	(12) Texas Board of Occupational Therapy Examiners;
1040	1040	(13) Texas Optometry Board;
1041	1041	(14) Texas State Board of Pharmacy;
1042	1042	(15) Texas Board of Physical Therapy Examiners;
1043	1043	(16) Texas State Board of Plumbing Examiners;
1044	1044	(17) Texas State Board of Podiatric Medical Examiners;
1045	1045	(18) Polygraph Examiners Board;
1046	1046	(19) Texas State Board of Examiners of Psychologists;
1047	1047	(20) Texas Real Estate Commission;
1048	1048	(21) Board of Tax Professional Examiners;
1049	1049	(22) Texas Department of Transportation;
1050	1050	(23) State Board of Veterinary Medical Examiners;
1051	1051	(24) Texas Department of Housing and Community
1052	1052	Affairs;
1053	1053	(25) secretary of state;
1054	1054	(26) state fire marshal;
1055	1055	(27) Texas Education Agency; [and]
1056	1056	(28) Department of Agriculture; and
1057	1057	(29) Texas Department of Motor Vehicles.
1058	1058	PART F. HEALTH AND SAFETY CODE
1059	1059	SECTION 3F.01. Subsection (e), Section 382.209, Health and
1060	1060	Safety Code, is amended to read as follows:
1061	1061	(e) A vehicle is not eligible to participate in a low-income
1062	1062	vehicle repair assistance, retrofit, and accelerated vehicle
1063	1063	retirement program established under this section unless:
1064	1064	(1) the vehicle is capable of being operated;
1065	1065	(2) the registration of the vehicle:
1066	1066	(A) is current; and
1067	1067	(B) reflects that the vehicle has been registered
1068	1068	in the county implementing the program for the 12 months preceding
1069	1069	the application for participation in the program;
1070	1070	(3) the commissioners court of the county
1071	1071	administering the program determines that the vehicle meets the
1072	1072	eligibility criteria adopted by the commission, the Texas
1073	1073	Department of Motor Vehicles [Transportation], and the Public
1074	1074	Safety Commission;
1075	1075	(4) if the vehicle is to be repaired, the repair is
1076	1076	done by a repair facility recognized by the Department of Public
1077	1077	Safety, which may be an independent or private entity licensed by
1078	1078	the state; and
1079	1079	(5) if the vehicle is to be retired under this
1080	1080	subsection and Section 382.213, the replacement vehicle is a
1081	1081	qualifying motor vehicle.
1082	1082	SECTION 3F.02. Subsection (f), Section 382.210, Health and
1083	1083	Safety Code, is amended to read as follows:
1084	1084	(f) In this section, "total cost" means the total amount of
1085	1085	money paid or to be paid for the purchase of a motor vehicle as set
1086	1086	forth as "sales price" in the form entitled "Application for Texas
1087	1087	Certificate of Title" promulgated by the Texas Department of Motor
1088	1088	Vehicles [Transportation]. In a transaction that does not involve
1089	1089	the use of that form, the term means an amount of money that is
1090	1090	equivalent, or substantially equivalent, to the amount that would
1091	1091	appear as "sales price" on the Application for Texas Certificate of
1092	1092	Title if that form were involved.
1093	1093	SECTION 3F.03. Subsection (a), Section 461.017, Health and
1094	1094	Safety Code, is amended to read as follows:
1095	1095	(a) The Drug Demand Reduction Advisory Committee is
1096	1096	composed of the following members:
1097	1097	(1) five representatives of the public from different
1098	1098	geographic regions of the state who have knowledge and expertise in
1099	1099	issues relating to reducing drug demand and who are appointed by the
1100	1100	commissioner [executive director] of the Department of State Health
1101	1101	Services [Texas Commission on Alcohol and Drug Abuse]; and
1102	1102	(2) one representative of each of the following
1103	1103	agencies or offices who is appointed by the executive director or
1104	1104	commissioner of the agency or office and who is directly involved in
1105	1105	the agency's or office's policies, programs, or funding activities
1106	1106	relating to reducing drug demand:
1107	1107	(A) the criminal justice division of the
1108	1108	governor's office;
1109	1109	(B) the Criminal Justice Policy Council;
1110	1110	(C) the Department of Family and Protective [and
1111	1111	Regulatory] Services;
1112	1112	(D) the Department of Public Safety of the State
1113	1113	of Texas;
1114	1114	(E) the Health and Human Services Commission;
1115	1115	(F) the Texas Alcoholic Beverage Commission;
1116	1116	(G) the Department of State Health Services
1117	1117	[Texas Commission on Alcohol and Drug Abuse];
1118	1118	(H) the Texas Council on Offenders with Mental
1119	1119	Impairments;
1120	1120	(I) the Texas Department of Criminal Justice;
1121	1121	(J) the [Texas Department of] Health and[;
1122	1122	[(K) the Texas Department of] Human Services
1123	1123	Commission;
1124	1124	(K) [(L)] the [Texas] Department of Aging and
1125	1125	Disability Services [Mental Health and Mental Retardation];
1126	1126	(L) [(M)] the Texas Education Agency;
1127	1127	(M) [(N)] the Texas Juvenile Probation
1128	1128	Commission;
1129	1129	(N) [(O)] the Texas Youth Commission;
1130	1130	(O) [(P)] the Department of Assistive and
1131	1131	Rehabilitative Services [Texas Rehabilitation Commission];
1132	1132	(P) [(Q)] the Texas Workforce Commission;
1133	1133	(Q) [(R)] the Texas Department of Motor Vehicles
1134	1134	[Transportation];
1135	1135	(R) [(S)] the comptroller of public accounts;
1136	1136	and
1137	1137	(S) [(T)] the adjutant general's department.
1138	1138	PART G. HUMAN RESOURCES CODE
1139	1139	SECTION 3G.01. Section 22.041, Human Resources Code, is
1140	1140	amended to read as follows:
1141	1141	Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
1142	1142	other provision of this code, the department may use information
1143	1143	obtained from a third party to verify the assets and resources of a
1144	1144	person for purposes of determining the person's eligibility and
1145	1145	need for medical assistance, financial assistance, or nutritional
1146	1146	assistance. Third-party information includes information obtained
1147	1147	from:
1148	1148	(1) a consumer reporting agency, as defined by Section
1149	1149	20.01, Business & Commerce Code;
1150	1150	(2) an appraisal district; or
1151	1151	(3) the Texas Department of Motor Vehicles
1152	1152	[Transportation's] vehicle registration record database.
1153	1153	SECTION 3G.02. Subsection (g), Section 32.026, Human
1154	1154	Resources Code, is amended to read as follows:
1155	1155	(g) Notwithstanding any other provision of this code, the
1156	1156	department may use information obtained from a third party to
1157	1157	verify the assets and resources of a person for purposes of
1158	1158	determining the person's eligibility and need for medical
1159	1159	assistance. Third-party information includes information obtained
1160	1160	from:
1161	1161	(1) a consumer reporting agency, as defined by Section
1162	1162	20.01, Business & Commerce Code;
1163	1163	(2) an appraisal district; or
1164	1164	(3) the Texas Department of Motor Vehicles
1165	1165	[Transportation's] vehicle registration record database.
1166	1166	PART H. LOCAL GOVERNMENT CODE
1167	1167	SECTION 3H.01. Section 130.006, Local Government Code, is
1168	1168	amended to read as follows:
1169	1169	Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
1170	1170	CHECKS AND INVOICES. A county tax assessor-collector may establish
1171	1171	procedures for the collection of dishonored checks and credit card
1172	1172	invoices. The procedures may include:
1173	1173	(1) official notification to the maker that the check
1174	1174	or invoice has not been honored and that the receipt, registration,
1175	1175	certificate, or other instrument issued on the receipt of the check
1176	1176	or invoice is not valid until payment of the fee or tax is made;
1177	1177	(2) notification of the sheriff or other law
1178	1178	enforcement officers that a check or credit card invoice has not
1179	1179	been honored and that the receipt, registration, certificate, or
1180	1180	other instrument held by the maker is not valid; and
1181	1181	(3) notification to the Texas Department of Motor
1182	1182	Vehicles [Transportation], the comptroller of public accounts, or
1183	1183	the Department of Public Safety that the receipt, registration,
1184	1184	certificate, or other instrument held by the maker is not valid.
1185	1185	SECTION 3H.02. Section 130.007, Local Government Code, is
1186	1186	amended to read as follows:
1187	1187	Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
1188	1188	ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
1189	1189	remitted to the comptroller or the Texas Department of Motor
1190	1190	Vehicles [Transportation] and if payment was made to the county tax
1191	1191	assessor-collector by a check that was not honored by the drawee
1192	1192	bank or by a credit card invoice that was not honored by the credit
1193	1193	card issuer, the amount of the fee or tax is not required to be
1194	1194	remitted, but the assessor-collector shall notify the appropriate
1195	1195	department of:
1196	1196	(1) the amount of the fee or tax;
1197	1197	(2) the type of fee or tax involved; and
1198	1198	(3) the name and address of the maker.
1199	1199	(b) The Texas Department of Motor Vehicles [Transportation]
1200	1200	and the comptroller shall assist the county tax assessor-collector
1201	1201	in collecting the fee or tax and may cancel or revoke any receipt,
1202	1202	registration, certificate, or other instrument issued in the name
1203	1203	of the state conditioned on the payment of the fee or tax.
1204	1204	SECTION 3H.03. Section 130.008, Local Government Code, is
1205	1205	amended to read as follows:
1206	1206	Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
1207	1207	SUBCHAPTER. If the comptroller or the Texas Department of Motor
1208	1208	Vehicles [Transportation] determines that the county tax
1209	1209	assessor-collector has accepted payment for fees and taxes to be
1210	1210	remitted to that department in violation of Section 130.004 or that
1211	1211	more than two percent of the fees and taxes to be received from the
1212	1212	assessor-collector are not remitted because of the acceptance of
1213	1213	checks that are not honored by the drawee bank or of credit card
1214	1214	invoices that are not honored by the credit card issuer, the
1215	1215	department may notify the assessor-collector that the
1216	1216	assessor-collector may not accept a check or credit card invoice
1217	1217	for the payment of any fee or tax to be remitted to that department.
1218	1218	A county tax assessor-collector who accepts a check or credit card
1219	1219	invoice for the payment of a fee or tax, after notice that the
1220	1220	assessor-collector may not receive a check or credit card invoice
1221	1221	for the payment of fees or taxes to be remitted to a department, is
1222	1222	liable to the state for the amount of the check or credit card
1223	1223	invoice accepted.
1224	1224	SECTION 3H.04. Section 130.009, Local Government Code, is
1225	1225	amended to read as follows:
1226	1226	Sec. 130.009. STATE RULES. The comptroller and the Texas
1227	1227	Department of Motor Vehicles [Transportation] may make rules
1228	1228	concerning the acceptance of checks or credit card invoices by a
1229	1229	county tax assessor-collector and for the collection of dishonored
1230	1230	checks or credit card invoices.
1231	1231	PART I. OCCUPATIONS CODE
1232	1232	SECTION 3I.01. Subsection (c), Section 554.009,
1233	1233	Occupations Code, is amended to read as follows:
1234	1234	(c) The board may register a vehicle with the Texas
1235	1235	Department of Motor Vehicles [Transportation] in an alias name only
1236	1236	for investigative personnel.
1237	1237	SECTION 3I.02. Subdivision (9), Section 2301.002,
1238	1238	Occupations Code, is amended to read as follows:
1239	1239	(9) "Department" means the Texas Department of Motor
1240	1240	Vehicles [Transportation].
1241	1241	SECTION 3I.03. Subsections (a) and (b), Section 2301.005,
1242	1242	Occupations Code, are amended to read as follows:
1243	1243	(a) A reference in law, including a rule, to the Texas Motor
1244	1244	Vehicle Commission or to the board means [the director, except that
1245	1245	a reference to] the board of the Texas Department of Motor Vehicles
1246	1246	[means the commission if it is related to the adoption of rules].
1247	1247	(b) A reference in law, including a rule, to the executive
1248	1248	director of the Texas Motor Vehicle Commission means the executive
1249	1249	director of the Texas Department of Motor Vehicles.
1250	1250	SECTION 3I.04. Subdivisions (2) and (3), Section 2302.001,
1251	1251	Occupations Code, are amended to read as follows:
1252	1252	(2) "Board" ["Commission"] means the board of the
1253	1253	Texas Department of Motor Vehicles [Transportation Commission].
1254	1254	(3) "Department" means the Texas Department of Motor
1255	1255	Vehicles [Transportation].
1256	1256	SECTION 3I.05. Subsection (b), Section 2302.0015,
1257	1257	Occupations Code, is amended to read as follows:
1258	1258	(b) For the purpose of enforcing or administering this
1259	1259	chapter or Chapter 501 or 502, Transportation Code, a member of the
1260	1260	board [commission], an employee or agent of the board [commission]
1261	1261	or department, a member of the Public Safety Commission, an officer
1262	1262	of the Department of Public Safety, or a peace officer may at a
1263	1263	reasonable time:
1264	1264	(1) enter the premises of a business regulated under
1265	1265	one of those chapters; and
1266	1266	(2) inspect or copy any document, record, vehicle,
1267	1267	part, or other item regulated under one of those chapters.
1268	1268	SECTION 3I.06. The heading to Subchapter B, Chapter 2302,
1269	1269	Occupations Code, is amended to read as follows:
1270	1270	SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
1271	1271	SECTION 3I.07. Sections 2302.051, 2302.052, and 2302.053,
1272	1272	Occupations Code, are amended to read as follows:
1273	1273	Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board
1274	1274	[commission] shall adopt rules as necessary to administer this
1275	1275	chapter and may take other action as necessary to enforce this
1276	1276	chapter.
1277	1277	Sec. 2302.052. DUTY TO SET FEES. The board [commission]
1278	1278	shall set application fees, license fees, renewal fees, and other
1279	1279	fees as required to implement this chapter. The board [commission]
1280	1280	shall set the fees in amounts reasonable and necessary to implement
1281	1281	and enforce this chapter.
1282	1282	Sec. 2302.053. RULES RESTRICTING ADVERTISING OR
1283	1283	COMPETITIVE BIDDING. (a) The board [commission] may not adopt a
1284	1284	rule under Section 2302.051 restricting advertising or competitive
1285	1285	bidding by a person who holds a license issued under this chapter
1286	1286	except to prohibit false, misleading, or deceptive practices by the
1287	1287	person.
1288	1288	(b) The board [commission] may not include in its rules to
1289	1289	prohibit false, misleading, or deceptive practices a rule that:
1290	1290	(1) restricts the use of any advertising medium;
1291	1291	(2) restricts the person's personal appearance or use
1292	1292	of the person's voice in an advertisement;
1293	1293	(3) relates to the size or duration of an
1294	1294	advertisement by the person; or
1295	1295	(4) restricts the use of a trade name in advertising by
1296	1296	the person.
1297	1297	SECTION 3I.08. Subsection (b), Section 2302.108,
1298	1298	Occupations Code, is amended to read as follows:
1299	1299	(b) The board [commission] by rule shall establish the
1300	1300	grounds for denial, suspension, revocation, or reinstatement of a
1301	1301	license issued under this chapter and the procedures for
1302	1302	disciplinary action. A rule adopted under this subsection may not
1303	1303	conflict with a rule adopted by the State Office of Administrative
1304	1304	Hearings.
1305	1305	SECTION 3I.09. Section 2302.204, Occupations Code, is
1306	1306	amended to read as follows:
1307	1307	Sec. 2302.204. CASUAL SALES. This chapter does not apply to
1308	1308	a person who purchases fewer than three nonrepairable motor
1309	1309	vehicles or salvage motor vehicles from a salvage vehicle dealer,
1310	1310	an insurance company or salvage pool operator in a casual sale at
1311	1311	auction, except that:
1312	1312	(1) the board [commission] shall adopt rules as
1313	1313	necessary to regulate casual sales by salvage vehicle dealers,
1314	1314	insurance companies, or salvage pool operators and to enforce this
1315	1315	section; and
1316	1316	(2) a salvage vehicle dealer, insurance company, or
1317	1317	salvage pool operator who sells a motor vehicle in a casual sale
1318	1318	shall comply with those rules and Subchapter E, Chapter 501,
1319	1319	Transportation Code.
1320	1320	SECTION 3I.10. Subdivision (33), Section 2301.002,
1321	1321	Occupations Code, is repealed.
1322	1322	PART J. PENAL CODE
1323	1323	SECTION 3J.01. Subsection (c), Section 31.03, Penal Code,
1324	1324	is amended to read as follows:
1325	1325	(c) For purposes of Subsection (b):
1326	1326	(1) evidence that the actor has previously
1327	1327	participated in recent transactions other than, but similar to,
1328	1328	that which the prosecution is based is admissible for the purpose of
1329	1329	showing knowledge or intent and the issues of knowledge or intent
1330	1330	are raised by the actor's plea of not guilty;
1331	1331	(2) the testimony of an accomplice shall be
1332	1332	corroborated by proof that tends to connect the actor to the crime,
1333	1333	but the actor's knowledge or intent may be established by the
1334	1334	uncorroborated testimony of the accomplice;
1335	1335	(3) an actor engaged in the business of buying and
1336	1336	selling used or secondhand personal property, or lending money on
1337	1337	the security of personal property deposited with the actor, is
1338	1338	presumed to know upon receipt by the actor of stolen property (other
1339	1339	than a motor vehicle subject to Chapter 501, Transportation Code)
1340	1340	that the property has been previously stolen from another if the
1341	1341	actor pays for or loans against the property $25 or more (or
1342	1342	consideration of equivalent value) and the actor knowingly or
1343	1343	recklessly:
1344	1344	(A) fails to record the name, address, and
1345	1345	physical description or identification number of the seller or
1346	1346	pledgor;
1347	1347	(B) fails to record a complete description of the
1348	1348	property, including the serial number, if reasonably available, or
1349	1349	other identifying characteristics; or
1350	1350	(C) fails to obtain a signed warranty from the
1351	1351	seller or pledgor that the seller or pledgor has the right to
1352	1352	possess the property. It is the express intent of this provision
1353	1353	that the presumption arises unless the actor complies with each of
1354	1354	the numbered requirements;
1355	1355	(4) for the purposes of Subdivision (3)(A),
1356	1356	"identification number" means driver's license number, military
1357	1357	identification number, identification certificate, or other
1358	1358	official number capable of identifying an individual;
1359	1359	(5) stolen property does not lose its character as
1360	1360	stolen when recovered by any law enforcement agency;
1361	1361	(6) an actor engaged in the business of obtaining
1362	1362	abandoned or wrecked motor vehicles or parts of an abandoned or
1363	1363	wrecked motor vehicle for resale, disposal, scrap, repair,
1364	1364	rebuilding, demolition, or other form of salvage is presumed to
1365	1365	know on receipt by the actor of stolen property that the property
1366	1366	has been previously stolen from another if the actor knowingly or
1367	1367	recklessly:
1368	1368	(A) fails to maintain an accurate and legible
1369	1369	inventory of each motor vehicle component part purchased by or
1370	1370	delivered to the actor, including the date of purchase or delivery,
1371	1371	the name, age, address, sex, and driver's license number of the
1372	1372	seller or person making the delivery, the license plate number of
1373	1373	the motor vehicle in which the part was delivered, a complete
1374	1374	description of the part, and the vehicle identification number of
1375	1375	the motor vehicle from which the part was removed, or in lieu of
1376	1376	maintaining an inventory, fails to record the name and certificate
1377	1377	of inventory number of the person who dismantled the motor vehicle
1378	1378	from which the part was obtained;
1379	1379	(B) fails on receipt of a motor vehicle to obtain
1380	1380	a certificate of authority, sales receipt, or transfer document as
1381	1381	required by Chapter 683, Transportation Code, or a certificate of
1382	1382	title showing that the motor vehicle is not subject to a lien or
1383	1383	that all recorded liens on the motor vehicle have been released; or
1384	1384	(C) fails on receipt of a motor vehicle to
1385	1385	immediately remove an unexpired license plate from the motor
1386	1386	vehicle, to keep the plate in a secure and locked place, or to
1387	1387	maintain an inventory, on forms provided by the Texas Department of
1388	1388	Motor Vehicles [Transportation], of license plates kept under this
1389	1389	paragraph, including for each plate or set of plates the license
1390	1390	plate number and the make, motor number, and vehicle identification
1391	1391	number of the motor vehicle from which the plate was removed;
1392	1392	(7) an actor who purchases or receives a used or
1393	1393	secondhand motor vehicle is presumed to know on receipt by the actor
1394	1394	of the motor vehicle that the motor vehicle has been previously
1395	1395	stolen from another if the actor knowingly or recklessly:
1396	1396	(A) fails to report to the Texas Department of
1397	1397	Motor Vehicles [Transportation] the failure of the person who sold
1398	1398	or delivered the motor vehicle to the actor to deliver to the actor
1399	1399	a properly executed certificate of title to the motor vehicle at the
1400	1400	time the motor vehicle was delivered; or
1401	1401	(B) fails to file with the county tax
1402	1402	assessor-collector of the county in which the actor received the
1403	1403	motor vehicle, not later than the 20th day after the date the actor
1404	1404	received the motor vehicle, the registration license receipt and
1405	1405	certificate of title or evidence of title delivered to the actor in
1406	1406	accordance with Subchapter D, Chapter 520, Transportation Code, at
1407	1407	the time the motor vehicle was delivered;
1408	1408	(8) an actor who purchases or receives from any source
1409	1409	other than a licensed retailer or distributor of pesticides a
1410	1410	restricted-use pesticide or a state-limited-use pesticide or a
1411	1411	compound, mixture, or preparation containing a restricted-use or
1412	1412	state-limited-use pesticide is presumed to know on receipt by the
1413	1413	actor of the pesticide or compound, mixture, or preparation that
1414	1414	the pesticide or compound, mixture, or preparation has been
1415	1415	previously stolen from another if the actor:
1416	1416	(A) fails to record the name, address, and
1417	1417	physical description of the seller or pledgor;
1418	1418	(B) fails to record a complete description of the
1419	1419	amount and type of pesticide or compound, mixture, or preparation
1420	1420	purchased or received; and
1421	1421	(C) fails to obtain a signed warranty from the
1422	1422	seller or pledgor that the seller or pledgor has the right to
1423	1423	possess the property; and
1424	1424	(9) an actor who is subject to Section 409, Packers and
1425	1425	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
1426	1426	a commission merchant by representing that the actor will make
1427	1427	prompt payment is presumed to have induced the commission
1428	1428	merchant's consent by deception if the actor fails to make full
1429	1429	payment in accordance with Section 409, Packers and Stockyards Act
1430	1430	(7 U.S.C. Section 228b).
1431	1431	SECTION 3J.02. Subsection (b), Section 31.11, Penal Code,
1432	1432	is amended to read as follows:
1433	1433	(b) It is an affirmative defense to prosecution under this
1434	1434	section that the person was:
1435	1435	(1) the owner or acting with the effective consent of
1436	1436	the owner of the property involved;
1437	1437	(2) a peace officer acting in the actual discharge of
1438	1438	official duties; or
1439	1439	(3) acting with respect to a number assigned to a
1440	1440	vehicle by the Texas Department of Transportation or the Texas
1441	1441	Department of Motor Vehicles, as applicable, and the person was:
1442	1442	(A) in the actual discharge of official duties as
1443	1443	an employee or agent of the department; or
1444	1444	(B) in full compliance with the rules of the
1445	1445	department as an applicant for an assigned number approved by the
1446	1446	department.
1447	1447	PART K. TAX CODE
1448	1448	SECTION 3K.01. Subsection (d), Section 21.02, Tax Code, is
1449	1449	amended to read as follows:
1450	1450	(d) A motor vehicle does not have taxable situs in a taxing
1451	1451	unit under Subsection (a)(1) if, on January 1, the vehicle:
1452	1452	(1) has been located for less than 60 days at a place
1453	1453	of business of a person who holds a wholesale motor vehicle auction
1454	1454	general distinguishing number issued by the Texas Department of
1455	1455	Motor Vehicles [Transportation] under Chapter 503, Transportation
1456	1456	Code, for that place of business; and
1457	1457	(2) is offered for resale.
1458	1458	SECTION 3K.02. Subsection (d), Section 22.04, Tax Code, is
1459	1459	amended to read as follows:
1460	1460	(d) This section does not apply to a motor vehicle that on
1461	1461	January 1 is located at a place of business of a person who holds a
1462	1462	wholesale motor vehicle auction general distinguishing number
1463	1463	issued by the Texas Department of Motor Vehicles [Transportation]
1464	1464	under Chapter 503, Transportation Code, for that place of business,
1465	1465	and that:
1466	1466	(1) has not acquired taxable situs under Section
1467	1467	21.02(a)(1) in a taxing unit that participates in the appraisal
1468	1468	district because the vehicle is described by Section 21.02(d);
1469	1469	(2) is offered for sale by a dealer who holds a
1470	1470	dealer's general distinguishing number issued by the Texas
1471	1471	Department of Motor Vehicles [Transportation] under Chapter 503,
1472	1472	Transportation Code, and whose inventory of motor vehicles is
1473	1473	subject to taxation in the manner provided by Sections 23.121 and
1474	1474	23.122; or
1475	1475	(3) is collateral possessed by a lienholder and
1476	1476	offered for sale in foreclosure of a security interest.
1477	1477	SECTION 3K.03. Subdivisions (3), (11), and (14), Subsection
1478	1478	(a), Section 23.121, Tax Code, are amended to read as follows:
1479	1479	(3) "Dealer" means a person who holds a dealer's
1480	1480	general distinguishing number issued by the Texas Department of
1481	1481	Motor Vehicles [Transportation] under the authority of Chapter 503,
1482	1482	Transportation Code, or who is legally recognized as a motor
1483	1483	vehicle dealer pursuant to the law of another state and who complies
1484	1484	with the terms of Section 152.063(f). The term does not include:
1485	1485	(A) a person who holds a manufacturer's license
1486	1486	issued under Chapter 2301, Occupations Code [by the Motor Vehicle
1487	1487	Board of the Texas Department of Transportation];
1488	1488	(B) an entity that is owned or controlled by a
1489	1489	person who holds a manufacturer's license issued under Chapter
1490	1490	2301, Occupations Code [by the Motor Vehicle Board of the Texas
1491	1491	Department of Transportation]; or
1492	1492	(C) a dealer whose general distinguishing number
1493	1493	issued by the Texas Department of Motor Vehicles [Transportation]
1494	1494	under the authority of Chapter 503, Transportation Code, prohibits
1495	1495	the dealer from selling a vehicle to any person except a dealer.
1496	1496	(11) "Sales price" means the total amount of money
1497	1497	paid or to be paid for the purchase of a motor vehicle as set forth
1498	1498	as "sales price" in the form entitled "Application for Texas
1499	1499	Certificate of Title" promulgated by the Texas Department of Motor
1500	1500	Vehicles [Transportation]. In a transaction that does not involve
1501	1501	the use of that form, the term means an amount of money that is
1502	1502	equivalent, or substantially equivalent, to the amount that would
1503	1503	appear as "sales price" on the Application for Texas Certificate of
1504	1504	Title if that form were involved.
1505	1505	(14) "Towable recreational vehicle" means a
1506	1506	nonmotorized vehicle that is designed for temporary human
1507	1507	habitation for recreational, camping, or seasonal use and:
1508	1508	(A) is titled and registered with the Texas
1509	1509	Department of Motor Vehicles [Transportation] through the office of
1510	1510	the collector;
1511	1511	(B) is permanently built on a single chassis;
1512	1512	(C) contains one or more life support systems;
1513	1513	and
1514	1514	(D) is designed to be towable by a motor vehicle.
1515	1515	SECTION 3K.04. Subsections (f), (g), and (h), Section
1516	1516	23.121, Tax Code, are amended to read as follows:
1517	1517	(f) The comptroller shall promulgate a form entitled
1518	1518	Dealer's Motor Vehicle Inventory Declaration. Except as provided
1519	1519	by Section 23.122(l) [of this code], not later than February 1 of
1520	1520	each year, or, in the case of a dealer who was not in business on
1521	1521	January 1, not later than 30 days after commencement of business,
1522	1522	each dealer shall file a declaration with the chief appraiser and
1523	1523	file a copy with the collector. For purposes of this subsection, a
1524	1524	dealer is presumed to have commenced business on the date of
1525	1525	issuance to the dealer of a dealer's general distinguishing number
1526	1526	as provided by Chapter 503, Transportation Code. Notwithstanding
1527	1527	the presumption created by this subsection, a chief appraiser may,
1528	1528	at his or her sole discretion, designate as the date on which a
1529	1529	dealer commenced business a date other than the date of issuance to
1530	1530	the dealer of a dealer's general distinguishing number. The
1531	1531	declaration is sufficient to comply with this subsection if it sets
1532	1532	forth the following information:
1533	1533	(1) the name and business address of each location at
1534	1534	which the dealer owner conducts business;
1535	1535	(2) each of the dealer's general distinguishing
1536	1536	numbers issued by the Texas Department of Motor Vehicles
1537	1537	[Transportation];
1538	1538	(3) a statement that the dealer owner is the owner of a
1539	1539	dealer's motor vehicle inventory; and
1540	1540	(4) the market value of the dealer's motor vehicle
1541	1541	inventory for the current tax year as computed under Section
1542	1542	23.121(b) [of this code].
1543	1543	(g) Under the terms provided by this subsection, the chief
1544	1544	appraiser may examine the books and records of the holder of a
1545	1545	general distinguishing number issued by the Texas Department of
1546	1546	Motor Vehicles [Transportation]. A request made under this
1547	1547	subsection must be made in writing, delivered personally to the
1548	1548	custodian of the records, at the location for which the general
1549	1549	distinguishing number has been issued, must provide a period not
1550	1550	less than 15 days for the person to respond to the request, and must
1551	1551	state that the person to whom it is addressed has the right to seek
1552	1552	judicial relief from compliance with the request. In a request made
1553	1553	under this section the chief appraiser may examine:
1554	1554	(1) the document issued by the Texas Department of
1555	1555	Motor Vehicles [Transportation] showing the person's general
1556	1556	distinguishing number;
1557	1557	(2) documentation appropriate to allow the chief
1558	1558	appraiser to ascertain the applicability of this section and
1559	1559	Section 23.122 [of this code] to the person;
1560	1560	(3) sales records to substantiate information set
1561	1561	forth in the dealer's declaration filed by the person.
1562	1562	(h) If a dealer fails to file a declaration as required by
1563	1563	this section, or if, on the declaration required by this section, a
1564	1564	dealer reports the sale of fewer than five motor vehicles in the
1565	1565	prior year, the chief appraiser shall report that fact to the Texas
1566	1566	Department of Motor Vehicles [Transportation] and the department
1567	1567	shall initiate termination proceedings. The chief appraiser shall
1568	1568	include with the report a copy of a declaration, if any, indicating
1569	1569	the sale by a dealer of fewer than five motor vehicles in the prior
1570	1570	year. A report by a chief appraiser to the Texas Department of
1571	1571	Motor Vehicles [Transportation] as provided by this subsection is
1572	1572	prima facie grounds for the cancellation of the dealer's general
1573	1573	distinguishing number under Section 503.038(a)(9), Transportation
1574	1574	Code, or for refusal by the Texas Department of Motor Vehicles
1575	1575	[Transportation] to renew the dealer's general distinguishing
1576	1576	number.
1577	1577	SECTION 3K.05. Subsection (c), Section 23.123, Tax Code, is
1578	1578	amended to read as follows:
1579	1579	(c) Information made confidential by this section may be
1580	1580	disclosed:
1581	1581	(1) in a judicial or administrative proceeding
1582	1582	pursuant to a lawful subpoena;
1583	1583	(2) to the person who filed the declaration or
1584	1584	statement or to that person's representative authorized by the
1585	1585	person in writing to receive the information;
1586	1586	(3) to the comptroller or an employee of the
1587	1587	comptroller authorized by the comptroller to receive the
1588	1588	information;
1589	1589	(4) to a collector or chief appraiser;
1590	1590	(5) to a district attorney, criminal district attorney
1591	1591	or county attorney involved in the enforcement of a penalty imposed
1592	1592	pursuant to Section 23.121 or Section 23.122 [of this code];
1593	1593	(6) for statistical purposes if in a form that does not
1594	1594	identify specific property or a specific property owner;
1595	1595	(7) if and to the extent that the information is
1596	1596	required for inclusion in a public document or record that the
1597	1597	appraisal or collection office is required by law to prepare or
1598	1598	maintain; or
1599	1599	(8) to the Texas Department of Motor Vehicles
1600	1600	[Transportation] for use by that department in auditing compliance
1601	1601	of its licensees with appropriate provisions of applicable law.
1602	1602	SECTION 3K.06. Subdivision (11), Subsection (a), Section
1603	1603	23.124, Tax Code, is amended to read as follows:
1604	1604	(11) "Sales price" means the total amount of money
1605	1605	paid or to be paid for the purchase of:
1606	1606	(A) a vessel, other than a trailer that is
1607	1607	treated as a vessel, as set forth as "sales price" in the form
1608	1608	entitled "Application for Texas Certificate of Number/Title for
1609	1609	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
1610	1610	and Wildlife Department;
1611	1611	(B) an outboard motor as set forth as "sales
1612	1612	price" in the form entitled "Application for Texas Certificate of
1613	1613	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
1614	1614	promulgated by the Parks and Wildlife Department; or
1615	1615	(C) a trailer that is treated as a vessel as set
1616	1616	forth as "sales price" in the form entitled "Application for Texas
1617	1617	Certificate of Title" promulgated by the Texas Department of Motor
1618	1618	Vehicles [Transportation].
1619	1619	In a transaction involving a vessel, an outboard motor,
1620	1620	or a trailer that is treated as a vessel that does not involve the
1621	1621	use of one of these forms, the term means an amount of money that is
1622	1622	equivalent, or substantially equivalent, to the amount that would
1623	1623	appear as "sales price" on the Application for Texas Certificate of
1624	1624	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
1625	1625	Application for Texas Certificate of Title for an Outboard
1626	1626	Motor/Seller, Donor or Trader's Affidavit, or the Application for
1627	1627	Texas Certificate of Title if one of these forms were involved.
1628	1628	SECTION 3K.07. Section 113.011, Tax Code, is amended to
1629	1629	read as follows:
1630	1630	Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
1631	1631	VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
1632	1632	Texas Department of Motor Vehicles [Transportation] each release of
1633	1633	a tax lien filed by the comptroller with that department.
1634	1634	SECTION 3K.08. Subsections (a) and (f), Section 152.0412,
1635	1635	Tax Code, are amended to read as follows:
1636	1636	(a) In this section, "standard presumptive value" means the
1637	1637	private-party transaction value of a motor vehicle, as determined
1638	1638	by the Texas Department of Motor Vehicles [Transportation] based on
1639	1639	an appropriate regional guidebook of a nationally recognized motor
1640	1640	vehicle value guide service, or based on another motor vehicle
1641	1641	guide publication that the department determines is appropriate if
1642	1642	a private-party transaction value for the motor vehicle is not
1643	1643	available from a regional guidebook described by this subsection.
1644	1644	(f) The Texas Department of Motor Vehicles [Transportation]
1645	1645	shall maintain information on the standard presumptive values of
1646	1646	motor vehicles as part of the department's registration and title
1647	1647	system. The department shall update the information at least
1648	1648	quarterly each calendar year and publish, electronically or
1649	1649	otherwise, the updated information.
1650	1650	SECTION 3K.09. Section 152.042, Tax Code, is amended to
1651	1651	read as follows:
1652	1652	Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
1653	1653	person required to pay the tax imposed by Section 152.027 shall pay
1654	1654	the tax to the Texas Department of Motor Vehicles [Transportation],
1655	1655	and the department may not issue the metal dealer's plates until the
1656	1656	tax is paid.
1657	1657	SECTION 3K.10. Subsection (b), Section 152.121, Tax Code,
1658	1658	is amended to read as follows:
1659	1659	(b) Taxes on metal dealer plates collected by the Texas
1660	1660	Department of Motor Vehicles [Transportation] shall be deposited by
1661	1661	the department in the state treasury in the same manner as are other
1662	1662	taxes collected under this chapter.
1663	1663	SECTION 3K.11. Subdivision (52), Section 162.001, Tax Code,
1664	1664	is amended to read as follows:
1665	1665	(52) "Registered gross weight" means the total weight
1666	1666	of the vehicle and carrying capacity shown on the registration
1667	1667	certificate issued by the Texas Department of Motor Vehicles
1668	1668	[Transportation].
1669	1669	ARTICLE 4. USED AUTOMOTIVE PARTS RECYCLERS
1670	1670	SECTION 4.01. Subdivision (6), Section 2302.001,
1671	1671	Occupations Code, is amended to read as follows:
1672	1672	(6) "Salvage vehicle agent" means a person who
1673	1673	acquires, sells, or otherwise deals in nonrepairable or salvage
1674	1674	motor vehicles [or used parts] in this state as directed by the
1675	1675	salvage vehicle dealer under whose license the person operates.
1676	1676	The term does not include a person who:
1677	1677	(A) is a licensed salvage vehicle dealer or a
1678	1678	licensed used automotive parts recycler;
1679	1679	(B) is a partner, owner, or officer of a business
1680	1680	entity that holds a salvage vehicle dealer license or a used
1681	1681	automotive parts recycler license;
1682	1682	(C) is an employee of a licensed salvage vehicle
1683	1683	dealer or a licensed used automotive parts recycler; or
1684	1684	(D) only transports salvage motor vehicles for a
1685	1685	licensed salvage vehicle dealer or a licensed used automotive parts
1686	1686	recycler.
1687	1687	SECTION 4.02. Subsection (b), Section 2302.006,
1688	1688	Occupations Code, is amended to read as follows:
1689	1689	(b) This chapter applies to a transaction in which a motor
1690	1690	vehicle:
1691	1691	(1) is sold, transferred, released, or delivered to a
1692	1692	metal recycler for the purpose of reuse or resale as a motor vehicle
1693	1693	[or as a source of used parts]; and
1694	1694	(2) is used for that purpose.
1695	1695	SECTION 4.03. Subchapter A, Chapter 2302, Occupations Code,
1696	1696	is amended by adding Section 2302.008 to read as follows:
1697	1697	Sec. 2302.008. APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE
1698	1698	PARTS RECYCLERS. This chapter does not apply to a used automotive
1699	1699	parts recycler licensed under Chapter 2309.
1700	1700	SECTION 4.04. Subsection (b), Section 2302.103,
1701	1701	Occupations Code, is amended to read as follows:
1702	1702	(b) An applicant may apply for a salvage vehicle dealer
1703	1703	license with an endorsement in one or more of the following
1704	1704	classifications:
1705	1705	(1) new automobile dealer;
1706	1706	(2) used automobile dealer;
1707	1707	(3) [used vehicle parts dealer;
1708	1708	[(4)] salvage pool operator;
1709	1709	(4) [(5)] salvage vehicle broker; or
1710	1710	(5) [(6)] salvage vehicle rebuilder.
1711	1711	SECTION 4.05. Subsection (d), Section 2302.107,
1712	1712	Occupations Code, is amended to read as follows:
1713	1713	(d) A salvage vehicle agent may acquire, sell, or otherwise
1714	1714	deal in, nonrepairable or salvage motor vehicles [or used parts] as
1715	1715	directed by the authorizing dealer.
1716	1716	SECTION 4.06. Section 2302.202, Occupations Code, is
1717	1717	amended to read as follows:
1718	1718	Sec. 2302.202. RECORDS OF PURCHASES. A salvage vehicle
1719	1719	dealer shall maintain a record of each salvage motor vehicle [and
1720	1720	each used part] purchased or sold by the dealer.
1721	1721	SECTION 4.07. Subtitle A, Title 14, Occupations Code, is
1722	1722	amended by adding Chapter 2309 to read as follows:
1723	1723	CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS
1724	1724	SUBCHAPTER A. GENERAL PROVISIONS
1725	1725	Sec. 2309.001. SHORT TITLE. This chapter may be cited as
1726	1726	the Texas Used Automotive Parts Recycling Act.
1727	1727	Sec. 2309.002. DEFINITIONS. In this chapter:
1728	1728	(1) "Insurance company," "metal recycler," "motor
1729	1729	vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle
1730	1730	title," "salvage motor vehicle," "salvage vehicle title," and
1731	1731	"salvage vehicle dealer" have the meanings assigned by Section
1732	1732	501.091, Transportation Code.
1733	1733	(2) "Commission" means the Texas Commission of
1734	1734	Licensing and Regulation.
1735	1735	(3) "Department" means the Texas Department of
1736	1736	Licensing and Regulation.
1737	1737	(4) "Executive director" means the executive director
1738	1738	of the department.
1739	1739	(5) "Used automotive part" has the meaning assigned to
1740	1740	"used part" by Section 501.091, Transportation Code.
1741	1741	(6) "Used automotive parts recycler" means a person
1742	1742	licensed under this chapter to operate a used automotive parts
1743	1743	recycling business.
1744	1744	(7) "Used automotive parts recycling" means the
1745	1745	dismantling and reuse or resale of used automotive parts and the
1746	1746	safe disposal of salvage motor vehicles or nonrepairable motor
1747	1747	vehicles, including the resale of those vehicles.
1748	1748	Sec. 2309.003. APPLICABILITY OF CHAPTER TO METAL RECYCLERS.
1749	1749	(a) Except as provided by Subsection (b), this chapter does not
1750	1750	apply to a transaction to which a metal recycler is a party.
1751	1751	(b) This chapter applies to a transaction in which a motor
1752	1752	vehicle:
1753	1753	(1) is sold, transferred, released, or delivered to a
1754	1754	metal recycler as a source of used automotive parts; and
1755	1755	(2) is used as a source of used automotive parts.
1756	1756	Sec. 2309.004. APPLICABILITY OF CHAPTER TO SALVAGE VEHICLE
1757	1757	DEALERS. (a) Except as provided by Subsection (b), this chapter
1758	1758	does not apply to a transaction in which a salvage vehicle dealer is
1759	1759	a party.
1760	1760	(b) This chapter applies to a salvage vehicle dealer who
1761	1761	deals in used automotive parts as more than an incidental part of
1762	1762	the salvage vehicle dealer's primary business.
1763	1763	Sec. 2309.005. APPLICABILITY OF CHAPTER TO INSURANCE
1764	1764	COMPANIES. This chapter does not apply to an insurance company.
1765	1765	[Sections 2309.006-2309.050 reserved for expansion]
1766	1766	SUBCHAPTER B. ADVISORY BOARD
1767	1767	Sec. 2309.051. USED AUTOMOTIVE PARTS RECYCLING ADVISORY
1768	1768	BOARD. (a) The advisory board consists of five members
1769	1769	representing the used automotive parts industry in this state
1770	1770	appointed by the presiding officer of the commission with the
1771	1771	approval of the commission.
1772	1772	(b) The advisory board shall include members who represent
1773	1773	used automotive parts businesses owned by domestic entities, as
1774	1774	defined by Section 1.002, Business Organizations Code.
1775	1775	(c) The advisory board shall include one member who
1776	1776	represents a used automotive parts business owned by a foreign
1777	1777	entity, as defined by Section 1.002, Business Organizations Code.
1778	1778	(d) The advisory board may not include more than one member
1779	1779	from any one used automotive parts business entity.
1780	1780	(e) Appointments to the advisory board shall be made without
1781	1781	regard to the race, color, disability, sex, religion, age, or
1782	1782	national origin of the appointee.
1783	1783	Sec. 2309.052. TERMS; VACANCIES. (a) Advisory board
1784	1784	members serve terms of six years, with the terms of one or two
1785	1785	members expiring on February 1 of each odd-numbered year.
1786	1786	(b) A member may not serve more than two full consecutive
1787	1787	terms.
1788	1788	(c) If a vacancy occurs during a term, the presiding officer
1789	1789	of the commission shall appoint a replacement who meets the
1790	1790	qualifications of the vacated position to serve for the remainder
1791	1791	of the term.
1792	1792	Sec. 2309.053. PRESIDING OFFICER. The presiding officer of
1793	1793	the commission shall appoint one of the advisory board members to
1794	1794	serve as presiding officer of the advisory board for a term of one
1795	1795	year. The presiding officer of the advisory board may vote on any
1796	1796	matter before the advisory board.
1797	1797	Sec. 2309.054. POWERS AND DUTIES OF ADVISORY BOARD. The
1798	1798	advisory board shall provide advice and recommendations to the
1799	1799	department on technical matters relevant to the administration and
1800	1800	enforcement of this chapter, including licensing standards.
1801	1801	Sec. 2309.055. COMPENSATION; REIMBURSEMENT OF EXPENSES.
1802	1802	Advisory board members may not receive compensation but are
1803	1803	entitled to reimbursement for actual and necessary expenses
1804	1804	incurred in performing the functions of the advisory board, subject
1805	1805	to the General Appropriations Act.
1806	1806	Sec. 2309.056. MEETINGS. The advisory board shall meet
1807	1807	twice annually and may meet at other times at the call of the
1808	1808	presiding officer of the commission or the executive director.
1809	1809	[Sections 2309.057-2309.100 reserved for expansion]
1810	1810	SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
1811	1811	Sec. 2309.101. GENERAL POWERS AND DUTIES. The executive
1812	1812	director or commission, as appropriate, may take action as
1813	1813	necessary to administer and enforce this chapter.
1814	1814	Sec. 2309.102. RULES. (a) The commission shall adopt
1815	1815	rules for licensing used automotive parts recyclers and used
1816	1816	automotive parts employees.
1817	1817	(b) The commission by rule shall adopt standards of conduct
1818	1818	for license holders under this chapter.
1819	1819	Sec. 2309.103. RULES REGARDING LICENSING AND STANDARDS OF
1820	1820	CONDUCT. (a) The commission shall adopt rules for licensing
1821	1821	applicants, including rules for denial of an application if the
1822	1822	applicant, a partner, principal, officer, or general manager of the
1823	1823	applicant, or another license or permit holder with a connection to
1824	1824	the applicant, has:
1825	1825	(1) before the application date, been convicted of,
1826	1826	pleaded guilty or nolo contendere to, or been placed on deferred
1827	1827	adjudication for:
1828	1828	(A) a felony; or
1829	1829	(B) a misdemeanor punishable by confinement in
1830	1830	jail or by a fine exceeding $500;
1831	1831	(2) violated an order of the commission or executive
1832	1832	director, including an order for sanctions or administrative
1833	1833	penalties; or
1834	1834	(3) knowingly submitted false information on the
1835	1835	application.
1836	1836	(b) The commission by rule shall adopt standards of conduct
1837	1837	for license holders under this chapter.
1838	1838	Sec. 2309.104. FEES. The commission shall establish and
1839	1839	collect reasonable and necessary fees in amounts sufficient to
1840	1840	cover the costs of administering this chapter.
1841	1841	Sec. 2309.105. RULES RESTRICTING ADVERTISING OR
1842	1842	COMPETITIVE BIDDING. (a) The commission may not adopt a rule
1843	1843	restricting advertising or competitive bidding by a person who
1844	1844	holds a license issued under this chapter except to prohibit false,
1845	1845	misleading, or deceptive practices by the person.
1846	1846	(b) The commission may not include in its rules to prohibit
1847	1847	false, misleading, or deceptive practices a rule that:
1848	1848	(1) restricts the use of any advertising medium;
1849	1849	(2) restricts the person's personal appearance or use
1850	1850	of the person's voice in an advertisement;
1851	1851	(3) relates to the size or duration of an
1852	1852	advertisement by the person; or
1853	1853	(4) restricts the use of a trade name in advertising by
1854	1854	the person.
1855	1855	Sec. 2309.106. PERIODIC AND RISK-BASED INSPECTIONS.
1856	1856	(a) The department shall inspect each used automotive parts
1857	1857	recycling facility at least once every two years.
1858	1858	(b) The department may enter and inspect at any time during
1859	1859	business hours:
1860	1860	(1) the place of business of any person regulated
1861	1861	under this chapter; or
1862	1862	(2) any place in which the department has reasonable
1863	1863	cause to believe that a license holder is in violation of this
1864	1864	chapter or in violation of a rule or order of the commission or
1865	1865	executive director.
1866	1866	(c) The department shall conduct additional inspections
1867	1867	based on a schedule of risk-based inspections using the following
1868	1868	criteria:
1869	1869	(1) the inspection history;
1870	1870	(2) any history of complaints involving a used
1871	1871	automotive parts recycler; and
1872	1872	(3) any other factor determined by the commission by
1873	1873	rule.
1874	1874	(d) A used automotive parts recycler shall pay a fee for
1875	1875	each risk-based inspection performed under this section. The
1876	1876	commission by rule shall set the amount of the fee.
1877	1877	(e) In conducting an inspection under this section, the
1878	1878	department may inspect a facility, a used automotive part, a
1879	1879	business record, or any other place or thing reasonably required to
1880	1880	enforce this chapter or a rule or order adopted under this chapter.
1881	1881	Sec. 2309.107. PERSONNEL. The department may employ
1882	1882	personnel necessary to administer and enforce this chapter.
1883	1883	[Sections 2309.108-2309.150 reserved for expansion]
1884	1884	SUBCHAPTER D. LICENSE REQUIREMENTS
1885	1885	Sec. 2309.151. USED AUTOMOTIVE PARTS RECYCLER LICENSE
1886	1886	REQUIRED. (a) Unless the person holds a used automotive parts
1887	1887	recycler license issued under this chapter, a person may not own or
1888	1888	operate a used automotive parts recycling business or sell used
1889	1889	automotive parts.
1890	1890	(b) A used automotive parts recycler license:
1891	1891	(1) is valid only with respect to the person who
1892	1892	applied for the license; and
1893	1893	(2) authorizes the license holder to operate a used
1894	1894	automotive parts recycling business only at the one facility listed
1895	1895	on the license.
1896	1896	Sec. 2309.152. GENERAL LICENSE APPLICATION REQUIREMENTS.
1897	1897	An applicant for a used automotive parts recycler license under
1898	1898	this chapter must submit to the department:
1899	1899	(1) a completed application on a form prescribed by
1900	1900	the executive director;
1901	1901	(2) the required fees; and
1902	1902	(3) any other information required by commission rule.
1903	1903	Sec. 2309.153. LICENSE REQUIREMENTS. An applicant for a
1904	1904	used automotive parts recycler license under this chapter must
1905	1905	provide in a manner prescribed by the executive director:
1906	1906	(1) a federal tax identification number;
1907	1907	(2) proof of general liability insurance in an amount
1908	1908	not less than $250,000; and
1909	1909	(3) proof of a storm water permit if the applicant is
1910	1910	required by the Texas Commission on Environmental Quality to obtain
1911	1911	a permit.
1912	1912	Sec. 2309.154. USED AUTOMOTIVE PARTS EMPLOYEE LICENSE
1913	1913	REQUIRED. (a) A person employed by a used automotive parts
1914	1914	recycler may not in the scope of the person's employment acquire a
1915	1915	vehicle or used automotive parts and may not sell used automotive
1916	1916	parts unless the person holds a used automotive parts employee
1917	1917	license issued under this chapter.
1918	1918	(b) The commission by rule shall adopt requirements for the
1919	1919	application for and issuance of a used automotive parts employee
1920	1920	license under this chapter.
1921	1921	Sec. 2309.155. NONTRANSFERABILITY OF LICENSE. A license
1922	1922	issued by the executive director is valid throughout this state and
1923	1923	is not transferable.
1924	1924	Sec. 2309.156. LICENSE RENEWAL. (a) A license issued under
1925	1925	this chapter is valid for one year. The department may adopt a
1926	1926	system under which licenses expire at different times during the
1927	1927	year.
1928	1928	(b) The department shall notify the license holder at least
1929	1929	30 days before the date a license expires. The notice must be in
1930	1930	writing and sent to the license holder's last known address
1931	1931	according to the records of the department.
1932	1932	(c) The commission by rule shall adopt requirements to renew
1933	1933	a license issued under this chapter.
1934	1934	[Sections 2309.157-2309.200 reserved for expansion]
1935	1935	SUBCHAPTER E. LOCAL REGULATION
1936	1936	Sec. 2309.201. APPLICABILITY OF CERTAIN MUNICIPAL
1937	1937	ORDINANCES, LICENSES, AND PERMITS. (a) The requirements of this
1938	1938	chapter apply in addition to the requirements of any applicable
1939	1939	municipal ordinance relating to the regulation of a person who
1940	1940	deals in used automotive parts.
1941	1941	(b) This chapter does not prohibit the enforcement of an
1942	1942	applicable municipal license or permit requirement that is related
1943	1943	to an activity regulated under this chapter.
1944	1944	[Sections 2309.202-2309.250 reserved for expansion]
1945	1945	SUBCHAPTER F. ENFORCEMENT
1946	1946	Sec. 2309.251. ADMINISTRATIVE PENALTY. (a) The commission
1947	1947	may impose an administrative penalty on a person under Subchapter
1948	1948	F, Chapter 51, regardless of whether the person holds a license
1949	1949	under this chapter, if the person violates:
1950	1950	(1) this chapter or a rule adopted under this chapter;
1951	1951	or
1952	1952	(2) a rule or order of the executive director or
1953	1953	commission.
1954	1954	(b) An administrative penalty may not be imposed unless the
1955	1955	person charged with a violation is provided the opportunity for a
1956	1956	hearing.
1957	1957	Sec. 2309.252. CEASE AND DESIST ORDER; INJUNCTION; CIVIL
1958	1958	PENALTY. (a) The executive director may issue a cease and desist
1959	1959	order as necessary to enforce this chapter if the executive
1960	1960	director determines that the action is necessary to prevent a
1961	1961	violation of this chapter and to protect public health and safety.
1962	1962	(b) The attorney general or executive director may
1963	1963	institute an action for an injunction or a civil penalty under this
1964	1964	chapter as provided by Section 51.352.
1965	1965	Sec. 2309.253. SANCTIONS. The department may impose
1966	1966	sanctions as provided by Section 51.353.
1967	1967	Sec. 2309.254. CRIMINAL PENALTY; LICENSING. (a) A person
1968	1968	commits an offense if the person:
1969	1969	(1) violates the licensing requirements of this
1970	1970	chapter;
1971	1971	(2) deals in used parts without a license required by
1972	1972	this chapter; or
1973	1973	(3) employs an individual who does not hold the
1974	1974	appropriate license required by this chapter.
1975	1975	(b) An offense under this section is a Class C misdemeanor.
1976	1976	[Sections 2309.255-2309.300 reserved for expansion]
1977	1977	SUBCHAPTER G. CONDUCTING BUSINESS
1978	1978	Sec. 2309.301. DUTIES ON ACQUISITION OF SALVAGE MOTOR
1979	1979	VEHICLE. (a) A used automotive parts recycler who acquires
1980	1980	ownership of a salvage motor vehicle shall obtain a properly
1981	1981	assigned title from the previous owner of the vehicle.
1982	1982	(b) A used automotive parts recycler who acquires ownership
1983	1983	of a motor vehicle, nonrepairable motor vehicle, or salvage motor
1984	1984	vehicle for the purpose of dismantling, scrapping, or destroying
1985	1985	the motor vehicle, shall, before the 31st day after the date of
1986	1986	acquiring the motor vehicle, submit to the Texas Department of
1987	1987	Transportation a properly assigned manufacturer's certificate of
1988	1988	origin, regular certificate of title, nonrepairable vehicle title,
1989	1989	salvage vehicle title, other ownership document, or comparable
1990	1990	out-of-state ownership document for the motor vehicle.
1991	1991	(c) After receiving the title or document, the Texas
1992	1992	Department of Transportation shall issue the used automotive parts
1993	1993	recycler a receipt for the manufacturer's certificate of origin,
1994	1994	regular certificate of title, nonrepairable vehicle title, salvage
1995	1995	vehicle title, other ownership document, or comparable
1996	1996	out-of-state ownership document.
1997	1997	(d) The recycler shall comply with Subchapter E, Chapter
1998	1998	501, Transportation Code.
1999	1999	Sec. 2309.302. RECORDS OF PURCHASES. A used automotive
2000	2000	parts recycler shall maintain a record of or sales receipt for each
2001	2001	motor vehicle, salvage motor vehicle, nonrepairable motor vehicle,
2002	2002	and used automotive part purchased.
2003	2003	Sec. 2309.303. REGISTRATION OF NEW BUSINESS LOCATION.
2004	2004	Before moving a place of business, a used automotive parts recycler
2005	2005	must notify the department of the new location. The used automotive
2006	2006	parts recycler shall provide a storm water permit for the location
2007	2007	if a permit is required by the Texas Commission on Environmental
2008	2008	Quality.
2009	2009	[Sections 2309.304-2309.350 reserved for expansion]
2010	2010	SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER
2011	2011	IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
2012	2012	Sec. 2309.351. DEFINITIONS. In this subchapter:
2013	2013	(1) "Component part" means a major component part as
2014	2014	defined by Section 501.091, Transportation Code, or a minor
2015	2015	component part.
2016	2016	(2) "Interior component part" means a motor vehicle's
2017	2017	seat or radio.
2018	2018	(3) "Minor component part" means an interior component
2019	2019	part, a special accessory part, or a motor vehicle part that
2020	2020	displays or should display at least one of the following:
2021	2021	(A) a federal safety certificate;
2022	2022	(B) a motor number;
2023	2023	(C) a serial number or a derivative; or
2024	2024	(D) a manufacturer's permanent vehicle
2025	2025	identification number or a derivative.
2026	2026	(4) "Special accessory part" means a motor vehicle's
2027	2027	tire, wheel, tailgate, or removable glass top.
2028	2028	Sec. 2309.352. REMOVAL OF LICENSE PLATES. Immediately on
2029	2029	receipt of a motor vehicle, a used automotive parts recycler shall:
2030	2030	(1) remove any unexpired license plates from the
2031	2031	vehicle; and
2032	2032	(2) place the license plates in a secure place until
2033	2033	destroyed by the used automotive parts recycler.
2034	2034	Sec. 2309.353. DISMANTLEMENT OR DISPOSITION OF MOTOR
2035	2035	VEHICLE. A used automotive parts recycler may not dismantle or
2036	2036	dispose of a motor vehicle unless the recycler first obtains:
2037	2037	(1) a certificate of authority to dispose of the
2038	2038	vehicle, a sales receipt, or a transfer document for the vehicle
2039	2039	issued under Chapter 683, Transportation Code; or
2040	2040	(2) a certificate of title showing that there are no
2041	2041	liens on the vehicle or that all recorded liens have been released.
2042	2042	Sec. 2309.354. RECORD OF PURCHASE; INVENTORY OF PARTS.
2043	2043	(a) A used automotive parts recycler shall keep an accurate and
2044	2044	legible record of each used component part purchased by or
2045	2045	delivered to the recycler. The record must include:
2046	2046	(1) the date of purchase or delivery;
2047	2047	(2) the driver's license number of the seller and a
2048	2048	legible photocopy of the seller's driver's license; and
2049	2049	(3) a description of the part and, if applicable, the
2050	2050	make and model of the part.
2051	2051	(b) As an alternative to the information required by
2052	2052	Subsection (a), a used automotive parts recycler may record:
2053	2053	(1) the name of the person who sold the part or the
2054	2054	motor vehicle from which the part was obtained; and
2055	2055	(2) the Texas certificate of inventory number or the
2056	2056	federal taxpayer identification number of the person.
2057	2057	(c) The department shall prescribe the form of the record
2058	2058	required by Subsection (a) and shall make the form available to used
2059	2059	automotive parts recyclers.
2060	2060	(d) This section does not apply to:
2061	2061	(1) an interior component part or special accessory
2062	2062	part from a motor vehicle more than 10 years old; or
2063	2063	(2) a part delivered to a used automotive parts
2064	2064	recycler by a commercial freight line, commercial carrier, or
2065	2065	licensed used automotive parts recycler.
2066	2066	Sec. 2309.355. RETENTION OF COMPONENT PARTS. (a) A used
2067	2067	automotive parts recycler shall retain each component part in its
2068	2068	original condition on the business premises of the recycler for at
2069	2069	least three calendar days, excluding Sundays, after the date the
2070	2070	recycler obtains the part.
2071	2071	(b) This section does not apply to the purchase by a used
2072	2072	automotive parts recycler of a nonoperational engine,
2073	2073	transmission, or rear axle assembly from another used automotive
2074	2074	parts recycler or an automotive-related business.
2075	2075	Sec. 2309.356. MAINTENANCE OF RECORDS. A used automotive
2076	2076	parts recycler shall maintain copies of each record required under
2077	2077	this subchapter until the first anniversary of the purchase date of
2078	2078	the item for which the record is maintained.
2079	2079	Sec. 2309.357. SURRENDER OF CERTAIN DOCUMENTS OR LICENSE
2080	2080	PLATES. (a) A used automotive parts recycler shall surrender to
2081	2081	the Texas Department of Transportation for cancellation a
2082	2082	certificate of title or authority, sales receipt, or transfer
2083	2083	document, as required by the department.
2084	2084	(b) The Texas Department of Transportation shall provide a
2085	2085	signed receipt for a surrendered certificate of title.
2086	2086	Sec. 2309.358. INSPECTION OF RECORDS. (a) A peace officer
2087	2087	at any reasonable time may inspect a record required to be
2088	2088	maintained under this subchapter, including an inventory record.
2089	2089	(b) On demand by a peace officer, a used automotive parts
2090	2090	recycler shall provide to the officer a copy of a record required to
2091	2091	be maintained under this subchapter.
2092	2092	(c) A peace officer may inspect the inventory on the
2093	2093	premises of a used automotive parts recycler at any reasonable time
2094	2094	to verify, check, or audit the records required to be maintained
2095	2095	under this subchapter.
2096	2096	(d) A used automotive parts recycler or an employee of the
2097	2097	recycler shall allow and may not interfere with a peace officer's
2098	2098	inspection of the recycler's inventory, premises, or required
2099	2099	inventory records.
2100	2100	[Sections 2309.359-2309.400 reserved for expansion]
2101	2101	SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
2102	2102	Sec. 2309.401. APPLICABILITY OF SUBCHAPTER. This
2103	2103	subchapter applies only to a used automotive parts facility located
2104	2104	in a county with a population of 2.8 million or more.
2105	2105	Sec. 2309.402. LIMITS ON OPERATION OF HEAVY MACHINERY. (a)
2106	2106	A used automotive parts recycler may not operate heavy machinery in
2107	2107	a used automotive parts recycling facility between the hours of 7
2108	2108	p.m. of one day and 7 a.m. of the following day.
2109	2109	(b) This section does not apply to conduct necessary to a
2110	2110	sale or purchase by the recycler.
2111	2111	SECTION 4.08. Section 501.091, Transportation Code, is
2112	2112	amended by amending Subdivision (17) and adding Subdivision (20) to
2113	2113	read as follows:
2114	2114	(17) "Salvage vehicle dealer" means a person engaged
2115	2115	in this state in the business of acquiring, selling, [dismantling,]
2116	2116	repairing, rebuilding, reconstructing, or otherwise dealing in
2117	2117	nonrepairable motor vehicles, salvage motor vehicles, or, if
2118	2118	incidental to a salvage motor vehicle dealer's primary business,
2119	2119	used automotive parts. The term does not include a person who
2120	2120	casually repairs, rebuilds, or reconstructs fewer than five [three]
2121	2121	salvage motor vehicles in the same calendar year or, except as
2122	2122	provided by Paragraph (C), a used automotive parts recycler. The
2123	2123	term includes a person engaged in the business of:
2124	2124	(A) a salvage vehicle dealer, regardless of
2125	2125	whether the person holds a license issued by the department to
2126	2126	engage in that business;
2127	2127	(B) dealing in nonrepairable motor vehicles or
2128	2128	salvage motor vehicles[, regardless of whether the person deals in
2129	2129	used parts]; or
2130	2130	(C) a used automotive parts recycler if the sale
2131	2131	of repaired, rebuilt, or reconstructed nonrepairable motor
2132	2132	vehicles or salvage motor vehicles is more than an incidental part
2133	2133	of the used automotive parts recycler's business [dealing in used
2134	2134	parts regardless of whether the person deals in nonrepairable motor
2135	2135	vehicles or salvage motor vehicles].
2136	2136	(20) "Used parts dealer" and "used automotive parts
2137	2137	recycler" have the meaning assigned to "used automotive parts
2138	2138	recycler" by Section 2309.002, Occupations Code.
2139	2139	SECTION 4.09. Subsection (d), Section 501.092,
2140	2140	Transportation Code, is amended to read as follows:
2141	2141	(d) An insurance company may sell a motor vehicle to which
2142	2142	this section applies, or assign a salvage vehicle title or a
2143	2143	nonrepairable vehicle title for the motor vehicle, only to a
2144	2144	salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
2145	2145	sale at auction, [or] a metal recycler, or a used automotive parts
2146	2146	recycler. If the motor vehicle is not a salvage motor vehicle or a
2147	2147	nonrepairable motor vehicle, the insurance company is not required
2148	2148	to surrender the regular certificate of title for the vehicle or to
2149	2149	be issued a salvage vehicle title or a nonrepairable vehicle title
2150	2150	for the motor vehicle.
2151	2151	SECTION 4.10. Subsections (a) and (b), Section 501.095,
2152	2152	Transportation Code, are amended to read as follows:
2153	2153	(a) If the department has not issued a nonrepairable vehicle
2154	2154	title or salvage vehicle title for the motor vehicle and an
2155	2155	out-of-state ownership document for the motor vehicle has not been
2156	2156	issued by another state or jurisdiction, a business or governmental
2157	2157	entity described by Subdivisions (1)-(3) may sell, transfer, or
2158	2158	release a nonrepairable motor vehicle or salvage motor vehicle only
2159	2159	to a person who is:
2160	2160	(1) a licensed salvage vehicle dealer, a used
2161	2161	automotive parts recycler under Chapter 2309, Occupations Code, or
2162	2162	a metal recycler under Chapter 2302, Occupations Code;
2163	2163	(2) an insurance company that has paid a claim on the
2164	2164	nonrepairable or salvage motor vehicle;
2165	2165	(3) a governmental entity; or
2166	2166	(4) an out-of-state buyer.
2167	2167	(b) A person, other than a salvage vehicle dealer, a used
2168	2168	automotive parts recycler, or an insurance company licensed to do
2169	2169	business in this state, who acquired ownership of a nonrepairable
2170	2170	or salvage motor vehicle that has not been issued a nonrepairable
2171	2171	vehicle title, salvage vehicle title, or a comparable ownership
2172	2172	document issued by another state or jurisdiction shall, before
2173	2173	selling the motor vehicle, surrender the properly assigned
2174	2174	certificate of title for the motor vehicle to the department and
2175	2175	apply to the department for:
2176	2176	(1) a nonrepairable vehicle title if the vehicle is a
2177	2177	nonrepairable motor vehicle; or
2178	2178	(2) a salvage vehicle title if the vehicle is a salvage
2179	2179	motor vehicle.
2180	2180	SECTION 4.11. Section 501.105, Transportation Code, is
2181	2181	amended to read as follows:
2182	2182	Sec. 501.105. RETENTION OF RECORDS RELATING TO CERTAIN
2183	2183	CASUAL SALES. Each licensed salvage vehicle dealer, used
2184	2184	automotive parts recycler, or insurance company that sells a
2185	2185	nonrepairable motor vehicle or a salvage motor vehicle at a casual
2186	2186	sale shall keep on the business premises of the dealer or the
2187	2187	insurance company a list of all casual sales made during the
2188	2188	preceding 36-month period that contains:
2189	2189	(1) the date of the sale;
2190	2190	(2) the name of the purchaser;
2191	2191	(3) the name of the jurisdiction that issued the
2192	2192	identification document provided by the purchaser, as shown on the
2193	2193	document; and
2194	2194	(4) the vehicle identification number.
2195	2195	SECTION 4.12. Section 2302.253, Occupations Code, is
2196	2196	repealed.
2197	2197	SECTION 4.13. Not later than January 1, 2010, the Texas
2198	2198	Commission of Licensing and Regulation shall adopt rules under
2199	2199	Section 2309.102, Occupations Code, as added by this Act.
2200	2200	SECTION 4.14. If there is a conflict between a provision of
2201	2201	this Act and a provision of another Act of the 81st Legislature,
2202	2202	Regular Session, 2009, that becomes law concerning the licensing or
2203	2203	regulation of used automotive parts recyclers, this Act prevails
2204	2204	regardless of the relative dates of enactment.
2205	2205	SECTION 4.15. Sections 2309.151 and 2309.154, Occupations
2206	2206	Code, as added by this article, and Subchapter F, Chapter 2309,
2207	2207	Occupations Code, as added by this article, take effect September
2208	2208	1, 2010.
2209	2209	ARTICLE 5. MANUFACTURER OR DISTRIBUTOR OWNERSHIP, OPERATION, OR
2210	2210	CONTROL OF DEALERSHIP
2211	2211	SECTION 5.01. Section 2301.476, Occupations Code, is
2212	2212	amended by adding Subsection (h-1) to read as follows:
2213	2213	(h-1) A person who on January 18, 2002, held both a
2214	2214	converter's license to convert buses with a gross vehicle weight
2215	2215	rating of 40,000 pounds or more and a franchised dealer's license to
2216	2216	sell buses issued under this chapter may:
2217	2217	(1) regain and hold both licenses; and
2218	2218	(2) operate as both a converter and franchised dealer
2219	2219	of bus conversions with a gross vehicle weight rating of 40,000
2220	2220	pounds or more but of no other type of vehicle.
2221	2221	ARTICLE 6. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
2222	2222	RIGHTS OF ACTION
2223	2223	SECTION 6.01. (a) All powers, duties, obligations, and
2224	2224	rights of action of the Motor Vehicle Division and the Vehicle
2225	2225	Titles and Registration Division of the Texas Department of
2226	2226	Transportation are transferred to the Texas Department of Motor
2227	2227	Vehicles and all powers, duties, obligations, and rights of action
2228	2228	of the Texas Transportation Commission in connection or associated
2229	2229	with those divisions of the Texas Department of Transportation are
2230	2230	transferred to the board of the Texas Department of Motor Vehicles
2231	2231	on November 1, 2009.
2232	2232	(b) The powers, duties, obligations, and rights of action of
2233	2233	the portion of the Motor Carrier Division of the Texas Department of
2234	2234	Transportation that is responsible for motor carrier registration
2235	2235	and the enforcement of Subtitle F, Title 7, Transportation Code,
2236	2236	are transferred to the Texas Department of Motor Vehicles and the
2237	2237	associated powers, duties, obligations, and rights of action of the
2238	2238	Texas Transportation Commission are transferred to the board of the
2239	2239	Texas Department of Motor Vehicles on November 1, 2009.
2240	2240	(c) In connection with the transfers required by
2241	2241	Subsections (a) and (b) of this section, the personnel, furniture,
2242	2242	computers, other property and equipment, files, and related
2243	2243	materials used by the Motor Vehicle Division, the Vehicle Titles
2244	2244	and Registration Division, or the portion of the Motor Carrier
2245	2245	Division of the Texas Department of Transportation described in
2246	2246	Subsection (b) of this section are transferred to the Texas
2247	2247	Department of Motor Vehicles.
2248	2248	(d) The Texas Department of Motor Vehicles shall continue
2249	2249	any proceeding involving the Motor Vehicle Division, the Vehicle
2250	2250	Titles and Registration Division, or the portion of the Motor
2251	2251	Carrier Division of the Texas Department of Transportation
2252	2252	described in Subsection (b) of this section that was brought before
2253	2253	the effective date of this Act in accordance with the law in effect
2254	2254	on the date the proceeding was brought, and the former law is
2255	2255	continued in effect for that purpose.
2256	2256	(e) A certificate, license, document, permit, registration,
2257	2257	or other authorization issued by the Motor Vehicle Division or the
2258	2258	Vehicle Titles and Registration Division of the Texas Department of
2259	2259	Transportation or a registration issued by the Motor Carrier
2260	2260	Division of the Texas Department of Transportation that is in
2261	2261	effect on the effective date of this Act remains valid for the
2262	2262	period for which it was issued unless suspended or revoked by the
2263	2263	Texas Department of Motor Vehicles.
2264	2264	(f) A rule adopted by the Texas Transportation Commission or
2265	2265	the executive director of the Texas Department of Transportation in
2266	2266	connection with or relating to the Motor Vehicle Division, the
2267	2267	Vehicle Titles and Registration Division, or the portion of the
2268	2268	Motor Carrier Division of the Texas Department of Transportation
2269	2269	described in Subsection (b) of this section continues in effect
2270	2270	until it is amended or repealed by the board of the Texas Department
2271	2271	of Motor Vehicles or the Texas Department of Motor Vehicles, as
2272	2272	applicable.
2273	2273	(g) The unobligated and unexpended balance of any
2274	2274	appropriations made to the Texas Department of Transportation in
2275	2275	connection with or relating to the Motor Vehicle Division, the
2276	2276	Vehicle Titles and Registration Division, or the portion of the
2277	2277	Motor Carrier Division of the Texas Department of Transportation
2278	2278	described in Subsection (b) of this section for the state fiscal
2279	2279	biennium ending August 31, 2009, is transferred and reappropriated
2280	2280	to the Texas Department of Motor Vehicles for the purpose of
2281	2281	implementing the powers, duties, obligations, and rights of action
2282	2282	transferred to that department under Subsections (a) and (b) of
2283	2283	this section.
2284	2284	(h) The Texas Department of Transportation shall continue,
2285	2285	as necessary, to perform the duties and functions being transferred
2286	2286	to the Texas Department of Motor Vehicles until the transfer of
2287	2287	agency duties and functions is complete.
2288	2288	SECTION 6.02. (a) In connection with the establishment by
2289	2289	this Act of the Automobile Burglary and Theft Prevention Authority
2290	2290	in the Texas Department of Motor Vehicles and with the transfer by
2291	2291	this Act of the duty to provide personnel and services to the
2292	2292	Automobile Burglary and Theft Prevention Authority from the Texas
2293	2293	Department of Transportation to the Texas Department of Motor
2294	2294	Vehicles, the personnel, furniture, computers, other property and
2295	2295	equipment, files, and related materials used by the Automobile
2296	2296	Burglary and Theft Prevention Authority are transferred to the
2297	2297	Texas Department of Motor Vehicles.
2298	2298	(b) The unobligated and unexpended balance of any
2299	2299	appropriations made to the Texas Department of Transportation in
2300	2300	connection with or relating to the Automobile Burglary and Theft
2301	2301	Prevention Authority for the state fiscal biennium ending August
2302	2302	31, 2009, is transferred and reappropriated to the Texas Department
2303	2303	of Motor Vehicles for the purpose of allowing the authority to
2304	2304	continue to exercise its powers, duties, and obligations under the
2305	2305	auspices of that department.
2306	2306	SECTION 6.03. (a) In addition to the positions of the Texas
2307	2307	Department of Transportation assigned to the Vehicle Titles and
2308	2308	Registration Division, Motor Vehicle Division, Motor Carrier
2309	2309	Division, and Automobile Burglary and Theft Prevention Authority
2310	2310	Division that are transferred to the Texas Department of Motor
2311	2311	Vehicles, it is estimated that 75 other full-time equivalent
2312	2312	employee positions of the Texas Department of Transportation
2313	2313	primarily support the transferred divisions and, subject to this
2314	2314	section, those positions are also transferred to the Texas
2315	2315	Department of Motor Vehicles. The number of positions transferred
2316	2316	under this subsection may be modified by agreement of the two
2317	2317	agencies in a memorandum of understanding.
2318	2318	(b) If in another Act of the 81st Legislature, Regular
2319	2319	Session, 2009, the legislature establishes a maximum number of
2320	2320	full-time equivalent employee positions for the Texas Department of
2321	2321	Motor Vehicles, the number of positions transferred under
2322	2322	Subsection (a) of this section may not result in a number of
2323	2323	full-time equivalent employee positions of that department that
2324	2324	exceeds the maximum.
2325	2325	(c) When filling a position described by Subsection (a) of
2326	2326	this section, the Texas Department of Motor Vehicles shall give
2327	2327	first consideration to an applicant who, as of September 1, 2009,
2328	2328	was a full-time employee of the Texas Department of Transportation
2329	2329	and primarily supported one or more of the transferred divisions.
2330	2330	ARTICLE 7. APPOINTMENT OF BOARD
2331	2331	SECTION 7.01. Not later than October 1, 2009, the governor
2332	2332	shall appoint the members of the board of the Texas Department of
2333	2333	Motor Vehicles in accordance with Subchapter B, Chapter 1001,
2334	2334	Transportation Code, as added by this Act.
2335	2335	ARTICLE 8. MEMORANDUM OF UNDERSTANDING
2336	2336	SECTION 8.01. (a) The board of the Texas Department of
2337	2337	Motor Vehicles and the Texas Transportation Commission shall enter
2338	2338	into or revise a joint memorandum of understanding to coordinate
2339	2339	the Texas Department of Motor Vehicles' and the Texas Department of
2340	2340	Transportation's information systems to allow for the sharing of
2341	2341	information so that each department may effectively and efficiently
2342	2342	perform the functions and duties assigned to it. Neither the Texas
2343	2343	Department of Motor Vehicles nor the Texas Department of
2344	2344	Transportation may impose or collect a fee or charge in connection
2345	2345	with the sharing of information under a joint memorandum of
2346	2346	understanding entered into or revised under this section.
2347	2347	(b) The Texas Department of Motor Vehicles and the Texas
2348	2348	Department of Transportation shall implement the joint memorandum
2349	2349	of understanding using existing personnel and resources.
2350	2350	(c) Otherwise confidential information shared under the
2351	2351	memorandum of understanding remains subject to the same
2352	2352	confidentiality requirements and legal restrictions on access to
2353	2353	the information that are imposed by law on the department that
2354	2354	originally obtained or collected the information.
2355	2355	(d) Information may be shared under the memorandum of
2356	2356	understanding without the consent of the person who is the subject
2357	2357	of the information.
2358	2358	(e) The memorandum of understanding required by Subsection
2359	2359	(a) of this section must be entered into or revised at the first
2360	2360	official meeting of the board members of the Texas Department of
2361	2361	Motor Vehicles.
2362	2362	SECTION 8.02. (a) In addition to the memorandum of
2363	2363	understanding required by Section 8.01 of this article, the board
2364	2364	of the Texas Department of Motor Vehicles and the Texas
2365	2365	Transportation Commission may enter into or revise one or more
2366	2366	other joint memoranda of understanding necessary to effectuate the
2367	2367	transfer of the powers and duties of the Texas Department of
2368	2368	Transportation to the Texas Department of Motor Vehicles under this
2369	2369	Act. A memorandum of understanding may include an agreement for the
2370	2370	provision of office space, utilities, and other facility services;
2371	2371	the need for full-time equivalent positions of the Texas Department
2372	2372	of Transportation to provide support services in addition to the
2373	2373	positions transferred to the Texas Department of Motor Vehicles
2374	2374	under Section 6.01 of this Act; support services; and the transfer
2375	2375	of information technology as necessary or appropriate to effectuate
2376	2376	the transfer of the powers and duties of the Texas Department of
2377	2377	Transportation to the Texas Department of Motor Vehicles.
2378	2378	(b) Subsections (b), (c), and (d) of Section 8.01 of this
2379	2379	article apply to a memorandum of understanding entered into or
2380	2380	revised under Subsection (a) of this section.
2381	2381	ARTICLE 9. DEPARTMENT OF MOTOR VEHICLES TRANSITION TEAM
2382	2382	SECTION 9.01. (a) The Texas Department of Transportation
2383	2383	shall establish a Department of Motor Vehicles Transition Team to
2384	2384	plan for and make recommendations regarding the transfer of
2385	2385	obligations, property, full-time equivalent positions, rights,
2386	2386	powers, and duties from the Texas Department of Transportation to
2387	2387	the Texas Department of Motor Vehicles. The transition team must
2388	2388	include the division directors from the Motor Vehicle Division, the
2389	2389	Vehicle Titles and Registration Division, and the Motor Carrier
2390	2390	Division and the Assistant Executive Director for Support
2391	2391	Operations.
2392	2392	(b) Not later than October 1, 2009, the transition team
2393	2393	shall report on and make recommendations to the board of the Texas
2394	2394	Department of Motor Vehicles, the governor, the lieutenant
2395	2395	governor, the speaker of the house of representatives, and the
2396	2396	presiding officers of the senate and house committees with
2397	2397	jurisdiction over transportation regarding the transfer of
2398	2398	obligations, property, full-time equivalent positions, rights,
2399	2399	powers, and duties from the Texas Department of Transportation to
2400	2400	the Texas Department of Motor Vehicles.
2401	2401	ARTICLE 10. FINANCIAL AUDIT
2402	2402	SECTION 10.01. (a) As soon as practicable after the
2403	2403	effective date of this Act, the office of the state auditor shall
2404	2404	conduct an initial financial audit to establish financial
2405	2405	benchmarks for the Texas Department of Motor Vehicles on its
2406	2406	overall status and condition in relation to funds on hand,
2407	2407	equipment and other assets, pending matters, and other issues
2408	2408	considered appropriate by the office of the state auditor.
2409	2409	(b) As soon as practicable after the completion of the audit
2410	2410	required by Subsection (a) of this section, the results of the audit
2411	2411	shall be reported by the office of the state auditor to the board of
2412	2412	the Texas Department of Motor Vehicles and to the Texas
2413	2413	Transportation Commission. The office of the state auditor shall
2414	2414	also provide a copy of the audit to the board and the commission.
2415	2415	ARTICLE 11. EFFECTIVE DATE
2416	2416	SECTION 11.01. This Act takes effect September 1, 2009.
2417	2417	______________________________ ______________________________
2418	2418	President of the Senate Speaker of the House
2419	2419	I certify that H.B. No. 3097 was passed by the House on May 6,
2420	2420	2009, by the following vote: Yeas 144, Nays 0, 2 present, not
2421	2421	voting; and that the House concurred in Senate amendments to H.B.
2422	2422	No. 3097 on May 23, 2009, by the following vote: Yeas 135, Nays 7,
2423	2423	3 present, not voting.
2424	2424	______________________________
2425	2425	Chief Clerk of the House
2426	2426	I certify that H.B. No. 3097 was passed by the Senate, with
2427	2427	amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
2428	2428	0.
2429	2429	______________________________
2430	2430	Secretary of the Senate
2431	2431	APPROVED: __________________
2432	2432	Date
2433	2433	__________________
2434	2434	Governor