Texas 2009 - 81st Regular

Texas House Bill HB3278 Compare Versions

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

Old	New	Differences
1	1	81R4922 JD-D
2	2	By: Phillips H.B. No. 3278
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation, organization, governance, duties, and
8	8	functions of the Texas Department of Vehicles; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. TEXAS DEPARTMENT OF VEHICLES
11	11	SECTION 1.01. Title 7, Transportation Code, is amended by
12	12	adding Subtitle M to read as follows:
13	13	SUBTITLE M. DEPARTMENT OF VEHICLES
14	14	CHAPTER 1001. ORGANIZATION OF DEPARTMENT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 1001.001. DEFINITIONS. In this subtitle:
17	17	(1) "Board" means the board of the department.
18	18	(2) "Department" means the Texas Department of
19	19	Vehicles.
20	20	Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
21	21	department is created as an agency of this state.
22	22	(b) In addition to the other duties required of the Texas
23	23	Department of Vehicles, the department shall administer and
24	24	enforce:
25	25	(1) Subtitle A;
26	26	(2) Chapters 642, 643, 645, 646, and 648;
27	27	(3) Chapter 2301, Occupations Code; and
28	28	(4) Article 4413(37), Revised Statutes.
29	29	Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
30	30	is composed of an executive director appointed by the board and
31	31	other employees required to efficiently implement:
32	32	(1) this subtitle;
33	33	(2) other applicable vehicle laws of this state; and
34	34	(3) other laws that grant jurisdiction to or are
35	35	applicable to the department.
36	36	Sec. 1001.004. DIVISIONS. The board shall organize the
37	37	department into divisions to accomplish the department's functions
38	38	and the duties assigned to it, including divisions for:
39	39	(1) administration;
40	40	(2) automobile burglary and theft prevention;
41	41	(3) motor carriers;
42	42	(4) motor vehicle board; and
43	43	(5) 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, 2021.
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 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) Two members shall be appointed to represent motor
60	60	vehicle dealers; one member shall be appointed to represent motor
61	61	vehicle manufacturers; one member shall be appointed to represent
62	62	county tax assessor-collectors; one member shall be appointed to
63	63	represent the motor carrier industry; one member shall be appointed
64	64	to represent law enforcement agencies; and three members shall be
65	65	appointed to represent the general public. The member appointed to
66	66	represent law enforcement agencies may not be a state employee.
67	67	(c) A person is not eligible for appointment as a member of
68	68	the board if the person or the person's spouse:
69	69	(1) is employed by or participates in the management
70	70	of a business entity or other organization that is regulated by or
71	71	receives funds from the department;
72	72	(2) directly or indirectly owns or controls more than
73	73	10 percent interest in a business entity or other organization that
74	74	is regulated by or receives funds from the department;
75	75	(3) uses or receives a substantial amount of tangible
76	76	goods, services, or funds from the department, other than
77	77	compensation or reimbursement authorized by law for board
78	78	membership, attendance, or expenses; or
79	79	(4) is registered, certified, or licensed by the
80	80	department.
81	81	(d) A person required to register as a lobbyist under
82	82	Chapter 305, Government Code, because of the person's activities
83	83	for compensation on behalf of a profession related to the operation
84	84	of the department may not serve as a member of the board.
85	85	(e) Appointments to the board shall be made without regard
86	86	to race, color, disability, sex, religion, age, or national origin
87	87	of the appointees and shall reflect the diversity of the population
88	88	of the state as a whole.
89	89	Sec. 1001.022. TERMS. Members of the board serve staggered
90	90	six-year terms, with the terms of either one or two members expiring
91	91	February 1 of each odd-numbered year.
92	92	Sec. 1001.023. CHAIR OF BOARD. (a) The governor
93	93	periodically shall designate one board member as the chair of the
94	94	board, who shall serve as presiding officer of the board.
95	95	(b) The chair shall:
96	96	(1) preside over board meetings, make rulings on
97	97	motions and points of order, and determine the order of business;
98	98	(2) represent the department in dealing with the
99	99	governor;
100	100	(3) report to the governor on the state of affairs of
101	101	the department at least quarterly;
102	102	(4) report to the board the governor's suggestions for
103	103	department operations;
104	104	(5) report to the governor on efforts, including
105	105	legislative requirements, to maximize the efficiency of department
106	106	operations through the use of private enterprise;
107	107	(6) periodically review the department's
108	108	organizational structure and submit recommendations for structural
109	109	changes to the governor, the board, and the Legislative Budget
110	110	Board;
111	111	(7) designate one or more employees of the department
112	112	as a civil rights division of the department and receive regular
113	113	reports from the division on the department's efforts to comply
114	114	with civil rights legislation and administrative rules;
115	115	(8) create subcommittees, appoint board members to
116	116	subcommittees, and receive the reports of subcommittees to the
117	117	board as a whole;
118	118	(9) appoint a member of the board to act in the chair's
119	119	absence; and
120	120	(10) serve as the departmental liaison with the
121	121	governor and the Office of State-Federal Relations to maximize
122	122	federal funding for transportation.
123	123	Sec. 1001.024. BOARD MEETINGS. The board shall hold
124	124	regular meetings at least once a month and special meetings at the
125	125	call of the chair. Board members shall attend the meetings of the
126	126	board. The chair shall oversee the preparation of an agenda for
127	127	each meeting and ensure that a copy is provided to each board member
128	128	at least seven days before the meeting.
129	129	Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The
130	130	board shall consider ways in which the department's operations may
131	131	be improved and may periodically report to the legislature
132	132	concerning potential statutory changes that would improve the
133	133	operation of the department.
134	134	(b) On behalf of the board, the chair shall report to the
135	135	governor, the lieutenant governor, the speaker of the house of
136	136	representatives, and the presiding officers of relevant
137	137	legislative committees on legislative recommendations adopted by
138	138	the board and relating to the operation of the department.
139	139	Sec. 1001.026. COMPENSATION. A member of the board is
140	140	entitled to compensation as provided by the General Appropriations
141	141	Act. If compensation for board members is not provided by that Act,
142	142	each member is entitled to reimbursement for actual and necessary
143	143	expenses incurred in performing functions as a member of the board.
144	144	Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for
145	145	removal from the board if a board member:
146	146	(1) does not have at the time of appointment or
147	147	maintain during service on the board the qualifications required by
148	148	Section 1001.021;
149	149	(2) violates a prohibition provided by Section
150	150	1001.021;
151	151	(3) cannot discharge the member's duties for a
152	152	substantial part of the term for which the member is appointed
153	153	because of illness or disability; or
154	154	(4) is absent from more than half of the regularly
155	155	scheduled board meetings that the board member is eligible to
156	156	attend during a calendar year, unless the absence is excused by
157	157	majority vote of the board.
158	158	(b) The validity of an action of the board is not affected by
159	159	the fact that it is taken when a ground for removal of a board member
160	160	exists.
161	161	(c) If the executive director of the department knows that a
162	162	potential ground for removal exists, the director shall notify the
163	163	chair of the board of the ground, and the chair shall notify the
164	164	governor and the attorney general that a potential ground for
165	165	removal exists. If the potential ground for removal relates to the
166	166	chair, the director shall notify another board member, who shall
167	167	notify the governor and the attorney general that a potential
168	168	ground for removal exists.
169	169	Sec. 1001.028. INFORMATION ON QUALIFICATIONS AND CONDUCT.
170	170	The department shall provide to the members of the board, as often
171	171	as necessary, information concerning the members' qualifications
172	172	for office and their responsibilities under applicable laws
173	173	relating to standards of conduct for state officers.
174	174	Sec. 1001.029. TRAINING ON DEPARTMENT AND CERTAIN LAWS
175	175	RELATING TO DEPARTMENT. (a) To be eligible to take office as a
176	176	member of the board, a person appointed to the board must complete
177	177	at least one course of a training program that complies with this
178	178	section.
179	179	(b) The training program must provide information to the
180	180	person regarding:
181	181	(1) this subchapter;
182	182	(2) the programs operated by the department;
183	183	(3) the role and functions of the department;
184	184	(4) the rules of the department with an emphasis on the
185	185	rules that relate to disciplinary and investigatory authority;
186	186	(5) the current budget for the department;
187	187	(6) the results of the most recent formal audit of the
188	188	department;
189	189	(7) the requirements of the:
190	190	(A) open meetings law, Chapter 551, Government
191	191	Code;
192	192	(B) open records law, Chapter 552, Government
193	193	Code; and
194	194	(C) administrative procedure law, Chapter 2001,
195	195	Government Code;
196	196	(8) the requirements of the conflict of interest laws
197	197	and other laws relating to public officials; and
198	198	(9) any applicable ethics policies adopted by the
199	199	board or the Texas Ethics Commission.
200	200	(c) A person appointed to the board is entitled to
201	201	reimbursement for travel expenses incurred in attending the
202	202	training program, as provided by the General Appropriations Act and
203	203	as if the person were a member of the board.
204	204	Sec. 1001.030. ADVISORY COMMITTEES. (a) The board shall
205	205	establish an advisory committee for each department division to
206	206	make recommendations to the board or the executive director on the
207	207	operation of the applicable division. A committee has the
208	208	purposes, powers, and duties, including the manner of reporting its
209	209	work, prescribed by the board. A committee and each committee
210	210	member serves at the will of the board.
211	211	(b) The board shall appoint persons to each advisory
212	212	committee who:
213	213	(1) are selected from a list provided by the executive
214	214	director; and
215	215	(2) have knowledge about and interests in, and
216	216	represent a broad range of viewpoints about, the work of the
217	217	committee or the applicable division.
218	218	(c) A member of an advisory committee may not be compensated
219	219	by the board or the department for committee service but is entitled
220	220	to reimbursement for actual and necessary expenses incurred in the
221	221	performance of committee service.
222	222	[Sections 1001.031-1001.040 reserved for expansion]
223	223	SUBCHAPTER C. PERSONNEL
224	224	Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the
225	225	General Appropriations Act or other law, the executive director
226	226	shall appoint deputies, assistants, and other personnel as
227	227	necessary to carry out the powers and duties of the department under
228	228	this code, other applicable vehicle laws of this state, and other
229	229	laws granting jurisdiction or applicable to the department.
230	230	(b) A person appointed under this section must have the
231	231	professional and administrative experience necessary to qualify
232	232	the person for the position to which the person is appointed.
233	233	Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The executive
234	234	director shall develop and implement policies that clearly define
235	235	the respective responsibilities of the director and the staff of
236	236	the department.
237	237	Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
238	238	REPORT. (a) The executive director or the director's designee
239	239	shall prepare and maintain a written policy statement to ensure
240	240	implementation of a program of equal employment opportunity under
241	241	which all personnel transactions are made without regard to race,
242	242	color, disability, sex, religion, age, or national origin. The
243	243	policy statement must include:
244	244	(1) personnel policies, including policies relating
245	245	to recruitment, evaluation, selection, appointment, training, and
246	246	promotion of personnel that are in compliance with Chapter 21,
247	247	Labor Code;
248	248	(2) a comprehensive analysis of the department
249	249	workforce that meets federal and state guidelines;
250	250	(3) procedures by which a determination can be made of
251	251	significant underuse in the department workforce of all persons for
252	252	whom federal or state guidelines encourage a more equitable
253	253	balance; and
254	254	(4) reasonable methods to appropriately address those
255	255	areas of significant underuse.
256	256	(b) A policy statement prepared under this section must:
257	257	(1) cover an annual period;
258	258	(2) be updated annually;
259	259	(3) be reviewed by the Commission on Human Rights for
260	260	compliance with Subsection (a); and
261	261	(4) be filed with the governor.
262	262	(c) The governor shall deliver a biennial report to the
263	263	legislature based on the information received under Subsection (b).
264	264	The report may be made separately or as a part of other biennial
265	265	reports made to the legislature.
266	266	Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT.
267	267	The executive director shall provide to department employees, as
268	268	often as necessary, information regarding their:
269	269	(1) qualification for office or employment under this
270	270	subtitle; and
271	271	(2) responsibilities under applicable laws relating
272	272	to standards of conduct for state employees.
273	273	Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE
274	274	EVALUATIONS. (a) The executive director or the director's
275	275	designee shall develop an intra-agency career ladder program. The
276	276	program must require intra-agency posting of all nonentry level
277	277	positions concurrently with any public posting.
278	278	(b) The executive director or the director's designee shall
279	279	develop a system of annual performance evaluations. All merit pay
280	280	for department employees must be based on the system established
281	281	under this subsection.
282	282	CHAPTER 1002. RULES
283	283	Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board or
284	284	the department may adopt any rules necessary and appropriate to
285	285	implement the powers and duties of the department under this code
286	286	and other laws of this state.
287	287	Sec. 1002.002. RULES RESTRICTING ADVERTISING OR
288	288	COMPETITIVE BIDDING. The board or the department may not adopt
289	289	rules restricting advertising or competitive bidding by a person
290	290	regulated by the department except to prohibit false, misleading,
291	291	or deceptive practices by the person.
292	292	Sec. 1002.003. INTERIM RULES TO COMPLY WITH FEDERAL
293	293	REQUIREMENTS. (a) The board or the department may adopt rules to
294	294	implement state responsibility in compliance with a federal law or
295	295	regulation or action of a federal court relating to a person or
296	296	activity under the jurisdiction of the department if:
297	297	(1) federal law or regulation, or an action of a
298	298	federal court, requires:
299	299	(A) a state to adopt the rules; or
300	300	(B) action by a state to ensure protection of the
301	301	citizens of the state;
302	302	(2) the rules will avoid federal preemption of an
303	303	activity under the jurisdiction of the department; or
304	304	(3) the rules will prevent the loss of federal funds to
305	305	this state.
306	306	(b) The board or the department may adopt a rule under this
307	307	section only if the federal action requiring the adoption of a rule
308	308	occurs or takes effect between sessions of the legislature or at
309	309	such time during a session of the legislature that sufficient time
310	310	does not remain to permit the preparation of a recommendation for
311	311	legislative action or permit the legislature to act. A rule adopted
312	312	under this section shall remain in effect only until 30 days
313	313	following the end of the next session of the legislature unless a
314	314	law is enacted that authorizes the subject matter of the rule. If a
315	315	law is enacted that authorizes the subject matter of the rule, the
316	316	rule will continue in effect.
317	317	CHAPTER 1003. DEPARTMENT PROCEDURES
318	318	Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
319	319	specifically provided by law, the department is subject to Chapters
320	320	2001 and 2002, Government Code.
321	321	Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)
322	322	The board or the department by rule may:
323	323	(1) create a summary procedure for routine matters;
324	324	and
325	325	(2) designate department activities that otherwise
326	326	would be subject to Chapter 2001, Government Code, as routine
327	327	matters to be handled under the summary procedure.
328	328	(b) An activity may be designated as a routine matter only
329	329	if the activity is:
330	330	(1) voluminous;
331	331	(2) repetitive;
332	332	(3) believed to be noncontroversial; and
333	333	(4) of limited interest to anyone other than persons
334	334	immediately involved in or affected by the proposed department
335	335	action.
336	336	(c) The rules may establish procedures different from those
337	337	contained in Chapter 2001, Government Code. The procedures must
338	338	require, for each party directly involved, notice of a proposed
339	339	negative action not later than the fifth day before the date the
340	340	action is proposed to be taken.
341	341	(d) A rule adopted by the board under this section may
342	342	provide for the delegation of authority to take action on a routine
343	343	matter to a salaried employee of the department designated by the
344	344	board.
345	345	Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
346	346	person directly or indirectly affected by an action of the board or
347	347	the department on a routine matter taken under the summary
348	348	procedure adopted under Section 1003.002 is entitled to a review of
349	349	the action under Chapter 2001, Government Code.
350	350	(b) The person must apply to the board not later than the
351	351	60th day after the date of the action to be entitled to the review.
352	352	(c) The timely filing of the application for review
353	353	immediately stays the action pending a hearing on the merits.
354	354	(d) The board and the department may adopt rules relating to
355	355	an application for review under this section and consideration of
356	356	the application.
357	357	Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED
358	358	CASES. The board or the department, as applicable, may, on written
359	359	agreement or stipulation of each party and any intervenor,
360	360	informally dispose of a contested case in accordance with Section
361	361	2001.056, Government Code, notwithstanding any provision of this
362	362	code or other law that requires a hearing before the board or the
363	363	department, as applicable.
364	364	Sec. 1003.005. NEWSPAPER PUBLICATION. Except as otherwise
365	365	provided by law, a notice or other matter that this code or other
366	366	law requires the board or the department to publish must be
367	367	published for three successive weeks in two newspapers that:
368	368	(1) are printed in this state; and
369	369	(2) have a general circulation in this state.
370	370	CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES AND PRODUCTION OF
371	371	RECORDS
372	372	Sec. 1004.001. DEFINITION. In this chapter, "records"
373	373	includes books, accounts, documents, papers, correspondence, and
374	374	other material.
375	375	Sec. 1004.002. SUBPOENA AUTHORITY. (a) With respect to a
376	376	matter that the board or the department has authority to consider or
377	377	investigate, the board or the department may issue a subpoena
378	378	applicable throughout this state that requires:
379	379	(1) the attendance and testimony of a witness; and
380	380	(2) the production of records.
381	381	(b) In connection with a subpoena, the board or department
382	382	may require attendance and production of records before the board
383	383	or the board's designee:
384	384	(1) at the department's offices in Austin; or
385	385	(2) at another place designated by the board or the
386	386	department.
387	387	(c) In connection with a subpoena, the board chair or the
388	388	board's designee may administer an oath, examine a witness, or
389	389	receive evidence.
390	390	Sec. 1004.003. SERVICE OF SUBPOENA. (a) A subpoena issued
391	391	by the board or the department may be served, at the discretion of
392	392	the board or department, by the executive director, an authorized
393	393	agent of the director, a sheriff, or a constable.
394	394	(b) The sheriff's or constable's fee for serving the
395	395	subpoena is the same as the fee paid to the sheriff or constable for
396	396	similar services.
397	397	Sec. 1004.004. ENFORCEMENT OF SUBPOENA. (a) On
398	398	application of the board or the department, as applicable, in the
399	399	case of disobedience of a subpoena issued by the board or the
400	400	department or the contumacy of a person, a district court may issue
401	401	an order requiring a person subpoenaed to obey the subpoena, to give
402	402	evidence, or to produce records if the person has refused to do so.
403	403	(b) A court may punish as contempt the failure to obey a
404	404	court order under Subsection (a).
405	405	(c) If the court orders compliance with the subpoena or
406	406	finds the person in contempt for failure to obey the order, the
407	407	board or the department, as applicable, or the attorney general
408	408	when representing the department, may recover reasonable costs and
409	409	fees, including attorney's fees and investigative costs incurred in
410	410	the proceedings.
411	411	(d) An application under Subsection (a) must be made in a
412	412	district court in Travis County or in the county in which the
413	413	subpoena is served.
414	414	Sec. 1004.005. COMPENSATION FOR ATTENDANCE. A person
415	415	required by subpoena to attend a proceeding before the board, the
416	416	board's designee, or the department is entitled to:
417	417	(1) reimbursement for mileage in the same amount for
418	418	each mile as the mileage travel allowance for a state employee for
419	419	traveling to or from the place where the person's attendance is
420	420	required, if the place is more than 25 miles from the person's place
421	421	of residence; and
422	422	(2) a fee for each day or part of a day the person is
423	423	required to be present as a witness that is equal to the greater of:
424	424	(A) $10; or
425	425	(B) a state employee's per diem travel allowance.
426	426	Sec. 1004.006. OUT-OF-STATE MATERIALS. (a) A person with
427	427	materials located outside this state that are requested by the
428	428	board or the department may make the materials available for
429	429	examination at the place where the materials are located.
430	430	(b) The board may designate a representative, including an
431	431	official of the state in which the materials are located, to examine
432	432	the materials.
433	433	(c) The board may respond to a similar request from an
434	434	official of another state or of the United States.
435	435	Sec. 1004.007. ACCESS TO INFORMATION. (a) A record or
436	436	other evidence acquired under a subpoena under this chapter is not a
437	437	public record for the period the board or the department, as
438	438	applicable, considers reasonably necessary to:
439	439	(1) complete the investigation;
440	440	(2) protect the person being investigated from
441	441	unwarranted injury; or
442	442	(3) serve the public interest.
443	443	(b) The record or other evidence is not subject to a
444	444	subpoena, other than a grand jury subpoena, until:
445	445	(1) the record or other evidence is released for
446	446	public inspection by the board or the department; or
447	447	(2) after notice and a hearing, a district court
448	448	determines that obeying the subpoena would not jeopardize the
449	449	public interest and any investigation by the board or the
450	450	department.
451	451	(c) Except for good cause, a district court order under
452	452	Subsection (b) may not apply to:
453	453	(1) a record or communication received from a law
454	454	enforcement agency or another regulatory agency; or
455	455	(2) the internal notes, memoranda, reports, or
456	456	communications made in connection with a matter that the board or
457	457	the department has the authority to consider or investigate.
458	458	Sec. 1004.008. PRIVILEGED AND CONFIDENTIAL RECORDS AND
459	459	INFORMATION; PROTECTIVE ORDERS. (a) A record subpoenaed and
460	460	produced under this chapter that is otherwise privileged or
461	461	confidential by law remains privileged or confidential until
462	462	admitted into evidence in an administrative hearing or a court.
463	463	(b) The board may issue a protective order relating to the
464	464	confidentiality or privilege of a record described by Subsection
465	465	(a) to restrict the use or distribution of the record:
466	466	(1) by a person; or
467	467	(2) in a proceeding other than a proceeding before the
468	468	board or the department.
469	469	Sec. 1004.009. COOPERATION WITH LAW ENFORCEMENT. On
470	470	request, the board or the department may furnish records or other
471	471	evidence obtained by subpoena to:
472	472	(1) a law enforcement agency of this state, another
473	473	state, or the United States; or
474	474	(2) a prosecuting attorney of a municipality, county,
475	475	or judicial district of this state, another state, or the United
476	476	States.
477	477	Sec. 1004.010. EFFECT ON CONTESTED CASE. Sections
478	478	1004.002, 1004.006, 1004.007, and 1004.009 do not affect the
479	479	conduct of a contested case under Chapter 2001, Government Code.
480	480	CHAPTER 1005. JUDICIAL REVIEW
481	481	Sec. 1005.001. ACTION SUBJECT TO JUDICIAL REVIEW. An
482	482	action of the board or the department subject to judicial review
483	483	under this chapter includes a decision, order, rate, rule, form, or
484	484	administrative or other ruling of the board.
485	485	Sec. 1005.002. PETITION FOR JUDICIAL REVIEW. (a) After
486	486	failing to get relief from the board, any party at interest who is
487	487	dissatisfied with an action of the board or the department may file
488	488	a petition for judicial review against the board or department, as
489	489	applicable, as defendant.
490	490	(b) The petition must state the particular objection to the
491	491	action and may be filed only in a district court in Travis County.
492	492	Sec. 1005.003. JUDICIAL REVIEW. Judicial review of the
493	493	action is under the substantial evidence rule and shall be
494	494	conducted under Chapter 2001, Government Code.
495	495	Sec. 1005.004. ACTION NOT VACATED. (a) The filing of a
496	496	petition for judicial review of an action under this chapter does
497	497	not vacate the action.
498	498	(b) After notice and hearing, the court may vacate the
499	499	action if the court finds it would serve the interest of justice to
500	500	do so.
501	501	Sec. 1005.005. APPEAL. (a) A party to the action under
502	502	Section 1005.002 may appeal to an appellate court that has
503	503	jurisdiction, and the appeal is at once returnable to that court.
504	504	(b) An appeal under this section has precedence in the
505	505	appellate court over any cause of a different character pending in
506	506	the court.
507	507	(c) The board or the department is not required to give an
508	508	appeal bond in an appeal arising under this chapter.
509	509	CHAPTER 1006. PUBLIC ACCESS
510	510	Sec. 1006.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
511	511	department shall prepare and maintain a written plan that describes
512	512	how a person who does not speak English may be provided reasonable
513	513	access to the department's programs.
514	514	(b) The department shall comply with federal and state laws
515	515	for program and facility accessibility.
516	516	Sec. 1006.002. PUBLIC COMMENT. The board and the
517	517	department shall develop and implement policies that provide the
518	518	public with a reasonable opportunity to appear before the board or
519	519	the department and to speak on any issue under the jurisdiction of
520	520	the board or the department.
521	521	Sec. 1006.003. PUBLIC REPRESENTATION ON ADVISORY BODY. (a)
522	522	At least one-half of the membership of each advisory body appointed
523	523	by the board, other than an advisory body whose membership is
524	524	determined by this code or by other law, must represent the general
525	525	public.
526	526	(b) A public representative may not be:
527	527	(1) an officer, director, or employee of a business
528	528	entity regulated by the department;
529	529	(2) a person required to register with the Texas
530	530	Ethics Commission under Chapter 305, Government Code; or
531	531	(3) a person related within the second degree by
532	532	affinity or consanguinity to a person described by Subdivision (1)
533	533	or (2).
534	534	CHAPTER 1007. STANDARDS OF CONDUCT
535	535	Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL
536	536	CONDUCT. The board, the executive director, and each employee or
537	537	agent of the department is subject to the code of ethics and the
538	538	standard of conduct imposed by Chapter 572, Government Code, and
539	539	any other law regulating the ethical conduct of state officers and
540	540	employees.
541	541	Sec. 1007.002. CERTAIN BUSINESS INTERESTS; SERVICE AS
542	542	COMMISSIONER. A person is not eligible for appointment as
543	543	executive director if the person, the person's spouse, or any other
544	544	person who resides in the same household as the person:
545	545	(1) is registered, certified, or licensed by the
546	546	department;
547	547	(2) is employed by or participates in the management
548	548	of a business entity or other organization regulated by or
549	549	receiving funds from the department;
550	550	(3) owns or controls, directly or indirectly, more
551	551	than a 10 percent interest in a business entity or other
552	552	organization regulated by or receiving funds from the department;
553	553	or
554	554	(4) uses or receives a substantial amount of tangible
555	555	goods, services, or funds from the department, other than
556	556	compensation or reimbursement authorized by law.
557	557	Sec. 1007.003. CERTAIN BUSINESS INTERESTS; EMPLOYEES. (a)
558	558	A person who is a director, officer, attorney, agent, or employee of
559	559	an occupation or business entity regulated by the department may
560	560	not be employed by the department.
561	561	(b) A person who resides in the same household as a person
562	562	who is an officer, managerial employee, or paid consultant in an
563	563	occupation or business entity regulated by the department may not
564	564	be employed in an exempt salary position as defined by the General
565	565	Appropriations Act.
566	566	Sec. 1007.004. TRADE ASSOCIATIONS. (a) A person who is an
567	567	officer, employee, or paid consultant of a trade association of
568	568	motor vehicle dealers may not be:
569	569	(1) the executive director; or
570	570	(2) an employee of the department who is exempt from
571	571	the state's position classification plan or is compensated at or
572	572	above the amount prescribed by the General Appropriations Act for
573	573	step 1, salary group A17, of the position classification salary
574	574	schedule.
575	575	(b) A person who is the spouse of an officer, manager, or
576	576	paid consultant of a trade association of motor vehicle dealers may
577	577	not be:
578	578	(1) the executive director; or
579	579	(2) an employee of the department who is exempt from
580	580	the state's position classification plan or is compensated at or
581	581	above the amount prescribed by the General Appropriations Act for
582	582	step 1, salary group A17, of the position classification salary
583	583	schedule.
584	584	(c) In this section, "trade association" means a nonprofit,
585	585	cooperative, and voluntarily joined association of business or
586	586	professional competitors designed to assist its members and its
587	587	industry or profession in dealing with mutual business or
588	588	professional problems and in promoting their common interest.
589	589	Sec. 1007.005. LOBBYING ACTIVITIES. A person may not serve
590	590	as the executive director or act as the general counsel to the
591	591	department if the person is required to register as a lobbyist under
592	592	Chapter 305, Government Code, because of the person's activities
593	593	for compensation on behalf of an occupation related to the
594	594	operation of the department.
595	595	Sec. 1007.006. PROHIBITED REPRESENTATION. (a) A person
596	596	who served as the executive director, the general counsel to the
597	597	department, or an employee of the State Office of Administrative
598	598	Hearings who was involved in hearing cases under this code or
599	599	another vehicle law of this state commits an offense if the person
600	600	represents another person in a matter before the board or the
601	601	department or receives compensation for services performed on
602	602	behalf of another person regarding a matter pending before the
603	603	board or the department during the one-year period after the date
604	604	the person ceased to be the director, the general counsel to the
605	605	department, or an employee of the State Office of Administrative
606	606	Hearings.
607	607	(b) A person who served as a member of the Texas
608	608	Transportation Commission or as an employee of the Texas Department
609	609	of Transportation, or who served as the executive director, the
610	610	general counsel to the department, or an employee of the department
611	611	or the State Office of Administrative Hearings, commits an offense
612	612	if, after the person ceased to serve, the person represents another
613	613	person or receives compensation for services performed on behalf of
614	614	another person regarding a matter with which the person was
615	615	directly concerned during the person's service. For purposes of
616	616	this subsection, a person was directly concerned with a matter if
617	617	the person had personal involvement with the matter or if the matter
618	618	was within the scope of the person's official responsibility.
619	619	(c) An offense under this section is a Class A misdemeanor.
620	620	(d) This section does not apply to a department employee
621	621	whose position is eliminated as a direct result of a reduction in
622	622	the department's workforce.
623	623	ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
624	624	OF TRANSPORTATION
625	625	PART A. GENERAL PROVISIONS AND ADMINISTRATION
626	626	SECTION 2A.01. Section 201.202(a), Transportation Code, is
627	627	amended to read as follows:
628	628	(a) The commission shall organize the department into
629	629	divisions to accomplish the department's functions and the duties
630	630	assigned to it, including divisions for:
631	631	(1) aviation;
632	632	(2) highways and roads; and
633	633	(3) public transportation[; and
634	634	[(4) motor vehicle titles and registration].
635	635	SECTION 2A.02. Section 201.931(2), Transportation Code, is
636	636	amended to read as follows:
637	637	(2) "License" includes:
638	638	(A) a permit issued by the department that
639	639	authorizes the operation of a vehicle and its load or a combination
640	640	of vehicles and load exceeding size or weight limitations;
641	641	(B) a motor carrier registration issued under
642	642	Chapter 643;
643	643	(C) a vehicle storage facility license issued
644	644	under Chapter 2303, Occupations Code;
645	645	(D) a license or permit for outdoor advertising
646	646	issued under Chapter 391 or 394; and
647	647	(E) a salvage vehicle dealer or agent license
648	648	issued under Chapter 2302, Occupations Code[;
649	649	[(F) specially designated or specialized license
650	650	plates issued under Subchapters E and F, Chapter 502; and
651	651	[(G) an apportioned registration issued
652	652	according to the International Registration Plan under Section
653	653	502.054].
654	654	SECTION 2A.03. The following sections of the Transportation
655	655	Code are repealed:
656	656	(1) Section 201.202(c); and
657	657	(2) Section 201.805, as added by Chapter 1407 (S.B.
658	658	766), Acts of the 80th Legislature, Regular Session, 2007.
659	659	PART B. STATE HIGHWAY TOLL PROJECTS
660	660	SECTION 2B.01. Sections 228.055(b) and (h), Transportation
661	661	Code, are amended to read as follows:
662	662	(b) The department may impose and collect the
663	663	administrative fee, so as to recover the cost of collecting the
664	664	unpaid toll, not to exceed $100. The department shall send a
665	665	written notice of nonpayment to the registered owner of the vehicle
666	666	at that owner's address as shown in the vehicle registration
667	667	records of the Texas Department of Vehicles [department] by first
668	668	class mail and may require payment not sooner than the 30th day
669	669	after the date the notice was mailed. The registered owner shall
670	670	pay a separate toll and administrative fee for each event of
671	671	nonpayment under Section 228.054.
672	672	(h) In this section, "registered owner" means the owner of a
673	673	vehicle as shown on the vehicle registration records of the Texas
674	674	Department of Vehicles [department] or the analogous department or
675	675	agency of another state or country.
676	676	SECTION 2B.02. Section 228.056(b), Transportation Code, is
677	677	amended to read as follows:
678	678	(b) In the prosecution of an offense under Section
679	679	228.055(c), (d), or (e):
680	680	(1) it is presumed that the notice of nonpayment was
681	681	received on the fifth day after the date of mailing;
682	682	(2) a computer record of the Texas Department of
683	683	Vehicles [department] of the registered owner of the vehicle is
684	684	prima facie evidence of its contents and that the defendant was the
685	685	registered owner of the vehicle when the underlying event of
686	686	nonpayment under Section 228.054 occurred; and
687	687	(3) a copy of the rental, lease, or other contract
688	688	document covering the vehicle on the date of the underlying event of
689	689	nonpayment under Section 228.054 is prima facie evidence of its
690	690	contents and that the defendant was the lessee of the vehicle when
691	691	the underlying event of nonpayment under Section 228.054 occurred.
692	692	PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
693	693	HIGHWAYS IN CERTAIN COUNTIES
694	694	SECTION 2C.01. Sections 284.0701(b), (e), and (h),
695	695	Transportation Code, are amended to read as follows:
696	696	(b) The county may impose and collect the administrative
697	697	cost so as to recover the expense of collecting the unpaid toll, not
698	698	to exceed $100. The county shall send a written notice of
699	699	nonpayment to the registered owner of the vehicle at that owner's
700	700	address as shown in the vehicle registration records of the Texas
701	701	Department of Vehicles [department] by first-class mail not later
702	702	than the 30th day after the date of the alleged failure to pay and
703	703	may require payment not sooner than the 30th day after the date the
704	704	notice was mailed. The registered owner shall pay a separate toll
705	705	and administrative cost for each event of nonpayment under Section
706	706	284.070.
707	707	(e) It is an exception to the application of Subsection (a)
708	708	or (c) if the registered owner of the vehicle transferred ownership
709	709	of the vehicle to another person before the event of nonpayment
710	710	under Section 284.070 occurred, submitted written notice of the
711	711	transfer to the Texas Department of Vehicles [department] in
712	712	accordance with Section 520.023, and before the 30th day after the
713	713	date the notice of nonpayment is mailed, provides to the county the
714	714	name and address of the person to whom the vehicle was transferred.
715	715	If the former owner of the vehicle provides the required
716	716	information within the period prescribed, the county may send a
717	717	notice of nonpayment to the person to whom ownership of the vehicle
718	718	was transferred at the address provided by the former owner by
719	719	first-class mail before the 30th day after the date of receipt of
720	720	the required information from the former owner. The subsequent
721	721	owner of the vehicle for which the proper toll was not paid who is
722	722	mailed a written notice of nonpayment under this subsection and
723	723	fails to pay the proper toll and administrative cost within the time
724	724	specified by the notice of nonpayment commits an offense. The
725	725	subsequent owner shall pay a separate toll and administrative cost
726	726	for each event of nonpayment under Section 284.070. Each failure to
727	727	pay a toll or administrative cost under this subsection is a
728	728	separate offense.
729	729	(h) In this section, "registered owner" means the owner of a
730	730	vehicle as shown on the vehicle registration records of the Texas
731	731	Department of Vehicles [department] or the analogous department or
732	732	agency of another state or country.
733	733	PART D. CERTIFICATE OF TITLE ACT
734	734	SECTION 2D.01. Section 501.002(3), Transportation Code, is
735	735	amended to read as follows:
736	736	(3) "Department" means the Texas Department of
737	737	Vehicles [Transportation].
738	738	PART E. REGISTRATION OF VEHICLES
739	739	SECTION 2E.01. Section 502.001(3), Transportation Code, is
740	740	amended to read as follows:
741	741	(3) "Department" means the Texas Department of
742	742	Vehicles [Transportation].
743	743	SECTION 2E.02. Sections 502.053(a) and (b), Transportation
744	744	Code, are amended to read as follows:
745	745	(a) The department [Texas Department of Transportation]
746	746	shall reimburse the Texas Department of Criminal Justice for the
747	747	cost of manufacturing license plates or registration insignia as
748	748	the license plates or insignia and the invoice for the license
749	749	plates or insignia are delivered to the department [Texas
750	750	Department of Transportation].
751	751	(b) When manufacturing is started, the Texas Department of
752	752	Criminal Justice, the department [Texas Department of
753	753	Transportation], and the comptroller, after negotiation, shall set
754	754	the price to be paid for each license plate or insignia. The price
755	755	must be determined from:
756	756	(1) the cost of metal, paint, and other materials
757	757	purchased;
758	758	(2) the inmate maintenance cost per day;
759	759	(3) overhead expenses;
760	760	(4) miscellaneous charges; and
761	761	(5) a previously approved amount of profit for the
762	762	work.
763	763	PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
764	764	SECTION 2F.01. Sections 503.001(2) and (5), Transportation
765	765	Code, are amended to read as follows:
766	766	(2) "Commission" means the board of the Texas
767	767	Department of Vehicles [Texas Transportation Commission].
768	768	(5) "Department" means the Texas Department of
769	769	Vehicles [Transportation].
770	770	PART G. MISCELLANEOUS PROVISIONS
771	771	SECTION 2G.01. Section 520.001, Transportation Code, is
772	772	amended to read as follows:
773	773	Sec. 520.001. DEFINITION. In this chapter, "department"
774	774	means the Texas Department of Vehicles [Transportation].
775	775	PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
776	776	SECTION 2H.01. Section 551.302, Transportation Code, is
777	777	amended to read as follows:
778	778	Sec. 551.302. REGISTRATION. The Texas Department of
779	779	Vehicles [Transportation] may adopt rules relating to the
780	780	registration and issuance of license plates to neighborhood
781	781	electric vehicles.
782	782	PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
783	783	SECTION 2I.01. Section 601.023, Transportation Code, is
784	784	amended to read as follows:
785	785	Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
786	786	may pay:
787	787	(1) a statutory fee required by the Texas Department
788	788	of Vehicles [Transportation] for a certified abstract or in
789	789	connection with suspension of a vehicle registration; or
790	790	(2) a statutory fee payable to the comptroller for
791	791	issuance of a certificate of deposit required by Section 601.122.
792	792	SECTION 2I.02. Section 601.451, Transportation Code, as
793	793	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
794	794	Regular Session, 2005, is amended to read as follows:
795	795	Sec. 601.451. DEFINITION. In this subchapter,
796	796	"implementing agencies" means:
797	797	(1) the department;
798	798	(2) the Texas Department of Vehicles
799	799	[Transportation];
800	800	(3) the Texas Department of Insurance; and
801	801	(4) the Department of Information Resources.
802	802	SECTION 2I.03. Subchapter N, Chapter 601, Transportation
803	803	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
804	804	Legislature, Regular Session, 2003, is repealed.
805	805	PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
806	806	SECTION 2J.01. Section 642.002(d), Transportation Code, is
807	807	amended to read as follows:
808	808	(d) The Texas Department of Vehicles [Transportation] by
809	809	rule may prescribe additional requirements regarding the form of
810	810	the markings required by Subsection (a)(2) that are not
811	811	inconsistent with that subsection.
812	812	PART K. MOTOR CARRIER REGISTRATION
813	813	SECTION 2K.01. Section 643.001(1), Transportation Code, is
814	814	amended to read as follows:
815	815	(1) "Department" means the Texas Department of
816	816	Vehicles [Transportation].
817	817	PART L. SINGLE STATE REGISTRATION
818	818	SECTION 2L.01. Section 645.001, Transportation Code, is
819	819	amended to read as follows:
820	820	Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
821	821	Texas Department of Vehicles [Transportation] may, to the fullest
822	822	extent practicable, participate in a federal motor carrier
823	823	registration program under the unified carrier registration system
824	824	as defined by Section 643.001 or a [the] single state registration
825	825	system established under federal law [49 U.S.C. Section 14504].
826	826	PART M. MOTOR TRANSPORTATION BROKERS
827	827	SECTION 2M.01. Section 646.003(a), Transportation Code, is
828	828	amended to read as follows:
829	829	(a) A person may not act as a motor transportation broker
830	830	unless the person provides a bond to the Texas Department of
831	831	Vehicles [Transportation].
832	832	PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
833	833	SECTION 2N.01. Section 648.002, Transportation Code, is
834	834	amended to read as follows:
835	835	Sec. 648.002. RULES. In addition to rules required by this
836	836	chapter, the Texas Department of Vehicles [Transportation], the
837	837	Department of Public Safety, and the Texas Department of Insurance
838	838	may adopt other rules to carry out this chapter.
839	839	PART O. ABANDONED MOTOR VEHICLES
840	840	SECTION 2O.01. Section 683.001(1), Transportation Code, is
841	841	amended to read as follows:
842	842	(1) "Department" means the Texas Department of
843	843	Vehicles [Transportation].
844	844	PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
845	845	SECTION 2P.01. Section 702.001(1), Transportation Code, is
846	846	amended to read as follows:
847	847	(1) "Department" means the Texas Department of
848	848	Vehicles [Transportation].
849	849	PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
850	850	SECTION 2Q.01. Section 707.001(2), Transportation Code, is
851	851	amended to read as follows:
852	852	(2) "Owner of a motor vehicle" means the owner of a
853	853	motor vehicle as shown on the motor vehicle registration records of
854	854	the Texas Department of Vehicles [Transportation] or the analogous
855	855	department or agency of another state or country.
856	856	SECTION 2Q.02. Section 707.011(b), Transportation Code, is
857	857	amended to read as follows:
858	858	(b) Not later than the 30th day after the date the violation
859	859	is alleged to have occurred, the designated department, agency, or
860	860	office of the local authority or the entity with which the local
861	861	authority contracts under Section 707.003(a)(1) shall mail the
862	862	notice of violation to the owner at:
863	863	(1) the owner's address as shown on the registration
864	864	records of the Texas Department of Vehicles [Transportation]; or
865	865	(2) if the vehicle is registered in another state or
866	866	country, the owner's address as shown on the motor vehicle
867	867	registration records of the department or agency of the other state
868	868	or country analogous to the Texas Department of Vehicles
869	869	[Transportation].
870	870	SECTION 2Q.03. Section 707.017, Transportation Code, is
871	871	amended to read as follows:
872	872	Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
873	873	is delinquent in the payment of a civil penalty imposed under this
874	874	chapter, the county assessor-collector or the Texas Department of
875	875	Vehicles [Transportation] may refuse to register a motor vehicle
876	876	alleged to have been involved in the violation.
877	877	PART R. SALE OR LEASE OF MOTOR VEHICLES
878	878	SECTION 2R.01. Section 2301.002(9), Occupations Code, is
879	879	amended to read as follows:
880	880	(9) "Department" means the Texas Department of
881	881	Vehicles [Transportation].
882	882	SECTION 2R.02. Section 2301.002(33), Occupations Code, is
883	883	repealed.
884	884	PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
885	885	SECTION 2S.01. Section 1(3), Article 4413(37), Revised
886	886	Statutes, is amended to read as follows:
887	887	(3) "Department" means the Texas Department of
888	888	Vehicles [Transportation].
889	889	SECTION 2S.02. Section 2, Article 4413(37), Revised
890	890	Statutes, is amended to read as follows:
891	891	Sec. 2. The Automobile Burglary and Theft Prevention
892	892	Authority is a division [established] in the Texas Department of
893	893	Vehicles [Transportation]. [The authority is not an advisory body
894	894	to the Texas Department of Transportation.]
895	895	SECTION 2S.03. Sections 6(d) and (i), Article 4413(37),
896	896	Revised Statutes, are repealed.
897	897	ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
898	898	TRANSPORTATION IN OTHER CODES
899	899	PART A. BUSINESS & COMMERCE CODE
900	900	SECTION 3A.01. Section 51.003(b), Business & Commerce Code,
901	901	as effective April 1, 2009, is amended to read as follows:
902	902	(b) In this chapter, "business opportunity" does not
903	903	include:
904	904	(1) the sale or lease of an established and ongoing
905	905	business or enterprise that has actively conducted business before
906	906	the sale or lease, whether composed of one or more than one
907	907	component business or enterprise, if the sale or lease represents
908	908	an isolated transaction or series of transactions involving a bona
909	909	fide change of ownership or control of the business or enterprise or
910	910	liquidation of the business or enterprise;
911	911	(2) a sale by a retailer of goods or services under a
912	912	contract or other agreement to sell the inventory of one or more
913	913	ongoing leased departments to a purchaser who is granted the right
914	914	to sell the goods or services within or adjoining a retail business
915	915	establishment as a department or division of the retail business
916	916	establishment;
917	917	(3) a transaction that is:
918	918	(A) regulated by the Texas Department of
919	919	Licensing and Regulation, the Texas Department of Insurance, the
920	920	Texas Real Estate Commission, or the director of the Motor Vehicle
921	921	Division of the Texas Department of Vehicles [Transportation]; and
922	922	(B) engaged in by a person licensed by one of
923	923	those agencies;
924	924	(4) a real estate syndication;
925	925	(5) a sale or lease to a business enterprise that also
926	926	sells or leases products, equipment, or supplies or performs
927	927	services:
928	928	(A) that are not supplied by the seller; and
929	929	(B) that the purchaser does not use with the
930	930	seller's products, equipment, supplies, or services;
931	931	(6) the offer or sale of a franchise as described by
932	932	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
933	933	seq.) and its subsequent amendments;
934	934	(7) the offer or sale of a business opportunity if the
935	935	seller:
936	936	(A) has a net worth of $25 million or more
937	937	according to the seller's audited balance sheet as of a date not
938	938	earlier than the 13th month before the date of the transaction; or
939	939	(B) is at least 80 percent owned by another
940	940	person who:
941	941	(i) in writing unconditionally guarantees
942	942	performance by the person offering the business opportunity plan;
943	943	and
944	944	(ii) has a net worth of more than $25
945	945	million according to the person's most recent audited balance sheet
946	946	as of a date not earlier than the 13th month before the date of the
947	947	transaction; or
948	948	(8) an arrangement defined as a franchise by 16 C.F.R.
949	949	Section 436.2(a) and its subsequent amendments if:
950	950	(A) the franchisor complies in all material
951	951	respects in this state with 16 C.F.R. Part 436 and each order or
952	952	other action of the Federal Trade Commission; and
953	953	(B) before offering for sale or selling a
954	954	franchise in this state, a person files with the secretary of state
955	955	a notice containing:
956	956	(i) the name of the franchisor;
957	957	(ii) the name under which the franchisor
958	958	intends to transact business; and
959	959	(iii) the franchisor's principal business
960	960	address.
961	961	SECTION 3A.02. Section 105.004(b), Business & Commerce
962	962	Code, as effective April 1, 2009, is amended to read as follows:
963	963	(b) The Texas Department of Vehicles [Transportation] shall
964	964	provide a notice that states the provisions of this chapter to each
965	965	person with a disability who is issued:
966	966	(1) license plates under Section 504.201,
967	967	Transportation Code; or
968	968	(2) a disabled parking placard under Section 681.004,
969	969	Transportation Code.
970	970	PART B. CODE OF CRIMINAL PROCEDURE
971	971	SECTION 3B.01. Section 1(1), Article 42.22, Code of
972	972	Criminal Procedure, is amended to read as follows:
973	973	(1) "Department" means the Texas Department of
974	974	Vehicles [Transportation].
975	975	SECTION 3B.02. Article 59.04(c), Code of Criminal
976	976	Procedure, is amended to read as follows:
977	977	(c) If the property is a motor vehicle, and if there is
978	978	reasonable cause to believe that the vehicle has been registered
979	979	under the laws of this state, the attorney representing the state
980	980	shall ask the Texas Department of Vehicles [Transportation] to
981	981	identify from its records the record owner of the vehicle and any
982	982	interest holder. If the addresses of the owner and interest holder
983	983	are not otherwise known, the attorney representing the state shall
984	984	request citation be served on such persons at the address listed
985	985	with the Texas Department of Vehicles [Transportation]. If the
986	986	citation issued to such address is returned unserved, the attorney
987	987	representing the state shall cause a copy of the notice of the
988	988	seizure and intended forfeiture to be posted at the courthouse
989	989	door, to remain there for a period of not less than 30 days. If the
990	990	owner or interest holder does not answer or appear after the notice
991	991	has been so posted, the court shall enter a judgment by default as
992	992	to the owner or interest holder, provided that the attorney
993	993	representing the state files a written motion supported by
994	994	affidavit setting forth the attempted service. An owner or
995	995	interest holder whose interest is forfeited in this manner shall
996	996	not be liable for court costs. If the person in possession of the
997	997	vehicle at the time of the seizure is not the owner or the interest
998	998	holder of the vehicle, notification shall be provided to the
999	999	possessor in the same manner specified for notification to an owner
1000	1000	or interest holder.
1001	1001	PART C. FAMILY CODE
1002	1002	SECTION 3C.01. Section 157.316(b), Family Code, is amended
1003	1003	to read as follows:
1004	1004	(b) If a lien established under this subchapter attaches to
1005	1005	a motor vehicle, the lien must be perfected in the manner provided
1006	1006	by Chapter 501, Transportation Code, and the court or Title IV-D
1007	1007	agency that rendered the order of child support shall include in the
1008	1008	order a requirement that the obligor surrender to the court or Title
1009	1009	IV-D agency evidence of the legal ownership of the motor vehicle
1010	1010	against which the lien may attach. A lien against a motor vehicle
1011	1011	under this subchapter is not perfected until the obligor's title to
1012	1012	the vehicle has been surrendered to the court or Title IV-D agency
1013	1013	and the Texas Department of Vehicles [Transportation] has issued a
1014	1014	subsequent title that discloses on its face the fact that the
1015	1015	vehicle is subject to a child support lien under this subchapter.
1016	1016	SECTION 3C.02. Section 232.0022(a), Family Code, is amended
1017	1017	to read as follows:
1018	1018	(a) The Texas Department of Vehicles [Transportation] is
1019	1019	the appropriate licensing authority for suspension or nonrenewal of
1020	1020	a motor vehicle registration under this chapter.
1021	1021	SECTION 3C.03. Section 232.014(b), Family Code, is amended
1022	1022	to read as follows:
1023	1023	(b) A fee collected by the Texas Department of Vehicles
1024	1024	[Transportation] or the Department of Public Safety shall be
1025	1025	deposited to the credit of the state highway fund.
1026	1026	SECTION 3C.04. Section 264.502(b), Family Code, is amended
1027	1027	to read as follows:
1028	1028	(b) The members of the committee who serve under Subsections
1029	1029	(a)(1) through (3) shall select the following additional committee
1030	1030	members:
1031	1031	(1) a criminal prosecutor involved in prosecuting
1032	1032	crimes against children;
1033	1033	(2) a sheriff;
1034	1034	(3) a justice of the peace;
1035	1035	(4) a medical examiner;
1036	1036	(5) a police chief;
1037	1037	(6) a pediatrician experienced in diagnosing and
1038	1038	treating child abuse and neglect;
1039	1039	(7) a child educator;
1040	1040	(8) a child mental health provider;
1041	1041	(9) a public health professional;
1042	1042	(10) a child protective services specialist;
1043	1043	(11) a sudden infant death syndrome family service
1044	1044	provider;
1045	1045	(12) a neonatologist;
1046	1046	(13) a child advocate;
1047	1047	(14) a chief juvenile probation officer;
1048	1048	(15) a child abuse prevention specialist;
1049	1049	(16) a representative of the Department of Public
1050	1050	Safety; and
1051	1051	(17) a representative of the Texas Department of
1052	1052	Vehicles [Transportation].
1053	1053	PART D. FINANCE CODE
1054	1054	SECTION 3D.01. Section 306.001(9), Finance Code, is amended
1055	1055	to read as follows:
1056	1056	(9) "Qualified commercial loan":
1057	1057	(A) means:
1058	1058	(i) a commercial loan in which one or more
1059	1059	persons as part of the same transaction lends, advances, borrows,
1060	1060	or receives, or is obligated to lend or advance or entitled to
1061	1061	borrow or receive, money or credit with an aggregate value of:
1062	1062	(a) $3 million or more if the
1063	1063	commercial loan is secured by real property; or
1064	1064	(b) $250,000 or more if the commercial
1065	1065	loan is not secured by real property and, if the aggregate value of
1066	1066	the commercial loan is less than $500,000, the loan documents
1067	1067	contain a written certification from the borrower that:
1068	1068	(1) the borrower has been
1069	1069	advised by the lender to seek the advice of an attorney and an
1070	1070	accountant in connection with the commercial loan; and
1071	1071	(2) the borrower has had the
1072	1072	opportunity to seek the advice of an attorney and accountant of the
1073	1073	borrower's choice in connection with the commercial loan; and
1074	1074	(ii) a renewal or extension of a commercial
1075	1075	loan described by Paragraph (A), regardless of the principal amount
1076	1076	of the loan at the time of the renewal or extension; and
1077	1077	(B) does not include a commercial loan made for
1078	1078	the purpose of financing a business licensed by the Motor Vehicle
1079	1079	Board of the Texas Department of Vehicles [Transportation] under
1080	1080	Section 2301.251(a), Occupations Code.
1081	1081	SECTION 3D.02. Section 348.001(10-a), Finance Code, is
1082	1082	amended to read as follows:
1083	1083	(10-a) "Towable recreation vehicle" means a
1084	1084	nonmotorized vehicle that:
1085	1085	(A) was originally designed and manufactured
1086	1086	primarily to provide temporary human habitation in conjunction with
1087	1087	recreational, camping, or seasonal use;
1088	1088	(B) is titled and registered with the Texas
1089	1089	Department of Vehicles [Transportation] as a travel trailer through
1090	1090	a county tax assessor-collector;
1091	1091	(C) is permanently built on a single chassis;
1092	1092	(D) contains at least one life support system;
1093	1093	and
1094	1094	(E) is designed to be towable by a motor vehicle.
1095	1095	SECTION 3D.03. Section 348.518, Finance Code, is amended to
1096	1096	read as follows:
1097	1097	Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
1098	1098	enforcement of law and minimization of regulatory burdens, the
1099	1099	commissioner and the Texas Department of Vehicles [Transportation]
1100	1100	may share information, including criminal history information,
1101	1101	relating to a person licensed under this chapter. Information
1102	1102	otherwise confidential remains confidential after it is shared
1103	1103	under this section.
1104	1104	PART E. GOVERNMENT CODE
1105	1105	SECTION 3E.01. Section 411.122(d), Government Code, is
1106	1106	amended to read as follows:
1107	1107	(d) The following state agencies are subject to this
1108	1108	section:
1109	1109	(1) Texas Appraiser Licensing and Certification
1110	1110	Board;
1111	1111	(2) Texas Board of Architectural Examiners;
1112	1112	(3) Texas Board of Chiropractic Examiners;
1113	1113	(4) State Board of Dental Examiners;
1114	1114	(5) Texas Board of Professional Engineers;
1115	1115	(6) Texas Funeral Service Commission;
1116	1116	(7) Texas Board of Professional Geoscientists;
1117	1117	(8) Department of State Health Services, except as
1118	1118	provided by Section 411.110, and agencies attached to the
1119	1119	department, including:
1120	1120	(A) Texas State Board of Examiners of Dietitians;
1121	1121	(B) Texas State Board of Examiners of Marriage
1122	1122	and Family Therapists;
1123	1123	(C) Midwifery Board;
1124	1124	(D) Texas State Perfusionist Advisory Committee
1125	1125	[Board of Examiners of Perfusionists];
1126	1126	(E) Texas State Board of Examiners of
1127	1127	Professional Counselors;
1128	1128	(F) Texas State Board of Social Worker Examiners;
1129	1129	(G) State Board of Examiners for Speech-Language
1130	1130	Pathology and Audiology;
1131	1131	(H) Advisory Board of Athletic Trainers;
1132	1132	(I) State Committee of Examiners in the Fitting
1133	1133	and Dispensing of Hearing Instruments;
1134	1134	(J) Texas Board of Licensure for Professional
1135	1135	Medical Physicists; and
1136	1136	(K) Texas Board of Orthotics and Prosthetics;
1137	1137	(9) Texas Board of Professional Land Surveying;
1138	1138	(10) Texas Department of Licensing and Regulation,
1139	1139	except as provided by Section 411.093;
1140	1140	(11) Texas Commission on Environmental Quality;
1141	1141	(12) Texas Board of Occupational Therapy Examiners;
1142	1142	(13) Texas Optometry Board;
1143	1143	(14) Texas State Board of Pharmacy;
1144	1144	(15) Texas Board of Physical Therapy Examiners;
1145	1145	(16) Texas State Board of Plumbing Examiners;
1146	1146	(17) Texas State Board of Podiatric Medical Examiners;
1147	1147	(18) Polygraph Examiners Board;
1148	1148	(19) Texas State Board of Examiners of Psychologists;
1149	1149	(20) Texas Real Estate Commission;
1150	1150	(21) Board of Tax Professional Examiners;
1151	1151	(22) Texas Department of Transportation;
1152	1152	(23) State Board of Veterinary Medical Examiners;
1153	1153	(24) Texas Department of Housing and Community
1154	1154	Affairs;
1155	1155	(25) secretary of state;
1156	1156	(26) state fire marshal;
1157	1157	(27) Texas Education Agency; [and]
1158	1158	(28) Department of Agriculture; and
1159	1159	(29) Texas Department of Vehicles.
1160	1160	PART F. HEALTH AND SAFETY CODE
1161	1161	SECTION 3F.01. Section 382.209(e), Health and Safety Code,
1162	1162	is amended to read as follows:
1163	1163	(e) A vehicle is not eligible to participate in a low-income
1164	1164	vehicle repair assistance, retrofit, and accelerated vehicle
1165	1165	retirement program established under this section unless:
1166	1166	(1) the vehicle is capable of being operated;
1167	1167	(2) the registration of the vehicle:
1168	1168	(A) is current; and
1169	1169	(B) reflects that the vehicle has been registered
1170	1170	in the county implementing the program for the 12 months preceding
1171	1171	the application for participation in the program;
1172	1172	(3) the commissioners court of the county
1173	1173	administering the program determines that the vehicle meets the
1174	1174	eligibility criteria adopted by the commission, the Texas
1175	1175	Department of Vehicles [Transportation], and the Public Safety
1176	1176	Commission;
1177	1177	(4) if the vehicle is to be repaired, the repair is
1178	1178	done by a repair facility recognized by the Department of Public
1179	1179	Safety, which may be an independent or private entity licensed by
1180	1180	the state; and
1181	1181	(5) if the vehicle is to be retired under this
1182	1182	subsection and Section 382.213, the replacement vehicle is a
1183	1183	qualifying motor vehicle.
1184	1184	SECTION 3F.02. Section 382.210(f), Health and Safety Code,
1185	1185	is amended to read as follows:
1186	1186	(f) In this section, "total cost" means the total amount of
1187	1187	money paid or to be paid for the purchase of a motor vehicle as set
1188	1188	forth as "sales price" in the form entitled "Application for Texas
1189	1189	Certificate of Title" promulgated by the Texas Department of
1190	1190	Vehicles [Transportation]. In a transaction that does not involve
1191	1191	the use of that form, the term means an amount of money that is
1192	1192	equivalent, or substantially equivalent, to the amount that would
1193	1193	appear as "sales price" on the Application for Texas Certificate of
1194	1194	Title if that form were involved.
1195	1195	SECTION 3F.03. Section 461.017(a), Health and Safety Code,
1196	1196	is amended to read as follows:
1197	1197	(a) The Drug Demand Reduction Advisory Committee is
1198	1198	composed of the following members:
1199	1199	(1) five representatives of the public from different
1200	1200	geographic regions of the state who have knowledge and expertise in
1201	1201	issues relating to reducing drug demand and who are appointed by the
1202	1202	commissioner [executive director] of the Department of State Health
1203	1203	Services [Texas Commission on Alcohol and Drug Abuse]; and
1204	1204	(2) one representative of each of the following
1205	1205	agencies or offices who is appointed by the executive director or
1206	1206	commissioner of the agency or office and who is directly involved in
1207	1207	the agency's or office's policies, programs, or funding activities
1208	1208	relating to reducing drug demand:
1209	1209	(A) the criminal justice division of the
1210	1210	governor's office;
1211	1211	(B) the Criminal Justice Policy Council;
1212	1212	(C) the Department of Family and Protective [and
1213	1213	Regulatory] Services;
1214	1214	(D) the Department of Public Safety of the State
1215	1215	of Texas;
1216	1216	(E) the Health and Human Services Commission;
1217	1217	(F) the Texas Alcoholic Beverage Commission;
1218	1218	(G) the Department of State Health Services
1219	1219	[Texas Commission on Alcohol and Drug Abuse];
1220	1220	(H) the Texas Council on Offenders with Mental
1221	1221	Impairments;
1222	1222	(I) the Texas Department of Criminal Justice;
1223	1223	(J) the [Texas Department of] Health and[;
1224	1224	[(K) the Texas Department of] Human Services
1225	1225	Commission;
1226	1226	(K) [(L)] the [Texas] Department of Aging and
1227	1227	Disability Services [Mental Health and Mental Retardation];
1228	1228	(L) [(M)] the Texas Education Agency;
1229	1229	(M) [(N)] the Texas Juvenile Probation
1230	1230	Commission;
1231	1231	(N) [(O)] the Texas Youth Commission;
1232	1232	(O) [(P)] the Department of Assistive and
1233	1233	Rehabilitative Services [Texas Rehabilitation Commission];
1234	1234	(P) [(Q)] the Texas Workforce Commission;
1235	1235	(Q) [(R)] the Texas Department of Vehicles
1236	1236	[Transportation];
1237	1237	(R) [(S)] the comptroller of public accounts;
1238	1238	and
1239	1239	(S) [(T)] the adjutant general's department.
1240	1240	PART G. HUMAN RESOURCES CODE
1241	1241	SECTION 3G.01. Section 22.041, Human Resources Code, is
1242	1242	amended to read as follows:
1243	1243	Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
1244	1244	other provision of this code, the department may use information
1245	1245	obtained from a third party to verify the assets and resources of a
1246	1246	person for purposes of determining the person's eligibility and
1247	1247	need for medical assistance, financial assistance, or nutritional
1248	1248	assistance. Third-party information includes information obtained
1249	1249	from:
1250	1250	(1) a consumer reporting agency, as defined by Section
1251	1251	20.01, Business & Commerce Code;
1252	1252	(2) an appraisal district; or
1253	1253	(3) the Texas Department of Vehicles
1254	1254	[Transportation's] vehicle registration record database.
1255	1255	SECTION 3G.02. Section 32.026(g), Human Resources Code, is
1256	1256	amended to read as follows:
1257	1257	(g) Notwithstanding any other provision of this code, the
1258	1258	department may use information obtained from a third party to
1259	1259	verify the assets and resources of a person for purposes of
1260	1260	determining the person's eligibility and need for medical
1261	1261	assistance. Third-party information includes information obtained
1262	1262	from:
1263	1263	(1) a consumer reporting agency, as defined by Section
1264	1264	20.01, Business & Commerce Code;
1265	1265	(2) an appraisal district; or
1266	1266	(3) the Texas Department of Vehicles
1267	1267	[Transportation's] vehicle registration record database.
1268	1268	PART H. LOCAL GOVERNMENT CODE
1269	1269	SECTION 3H.01. Section 130.006, Local Government Code, is
1270	1270	amended to read as follows:
1271	1271	Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
1272	1272	CHECKS AND INVOICES. A county tax assessor-collector may establish
1273	1273	procedures for the collection of dishonored checks and credit card
1274	1274	invoices. The procedures may include:
1275	1275	(1) official notification to the maker that the check
1276	1276	or invoice has not been honored and that the receipt, registration,
1277	1277	certificate, or other instrument issued on the receipt of the check
1278	1278	or invoice is not valid until payment of the fee or tax is made;
1279	1279	(2) notification of the sheriff or other law
1280	1280	enforcement officers that a check or credit card invoice has not
1281	1281	been honored and that the receipt, registration, certificate, or
1282	1282	other instrument held by the maker is not valid; and
1283	1283	(3) notification to the Texas Department of Vehicles
1284	1284	[Transportation], the comptroller of public accounts, or the
1285	1285	Department of Public Safety that the receipt, registration,
1286	1286	certificate, or other instrument held by the maker is not valid.
1287	1287	SECTION 3H.02. Section 130.007, Local Government Code, is
1288	1288	amended to read as follows:
1289	1289	Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
1290	1290	ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
1291	1291	remitted to the comptroller or the Texas Department of Vehicles
1292	1292	[Transportation] and if payment was made to the county tax
1293	1293	assessor-collector by a check that was not honored by the drawee
1294	1294	bank or by a credit card invoice that was not honored by the credit
1295	1295	card issuer, the amount of the fee or tax is not required to be
1296	1296	remitted, but the assessor-collector shall notify the appropriate
1297	1297	department of:
1298	1298	(1) the amount of the fee or tax;
1299	1299	(2) the type of fee or tax involved; and
1300	1300	(3) the name and address of the maker.
1301	1301	(b) The Texas Department of Vehicles [Transportation] and
1302	1302	the comptroller shall assist the county tax assessor-collector in
1303	1303	collecting the fee or tax and may cancel or revoke any receipt,
1304	1304	registration, certificate, or other instrument issued in the name
1305	1305	of the state conditioned on the payment of the fee or tax.
1306	1306	SECTION 3H.03. Section 130.008, Local Government Code, is
1307	1307	amended to read as follows:
1308	1308	Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
1309	1309	SUBCHAPTER. If the comptroller or the Texas Department of Vehicles
1310	1310	[Transportation] determines that the county tax assessor-collector
1311	1311	has accepted payment for fees and taxes to be remitted to that
1312	1312	department in violation of Section 130.004 or that more than two
1313	1313	percent of the fees and taxes to be received from the
1314	1314	assessor-collector are not remitted because of the acceptance of
1315	1315	checks that are not honored by the drawee bank or of credit card
1316	1316	invoices that are not honored by the credit card issuer, the
1317	1317	department may notify the assessor-collector that the
1318	1318	assessor-collector may not accept a check or credit card invoice
1319	1319	for the payment of any fee or tax to be remitted to that department.
1320	1320	A county tax assessor-collector who accepts a check or credit card
1321	1321	invoice for the payment of a fee or tax, after notice that the
1322	1322	assessor-collector may not receive a check or credit card invoice
1323	1323	for the payment of fees or taxes to be remitted to a department, is
1324	1324	liable to the state for the amount of the check or credit card
1325	1325	invoice accepted.
1326	1326	SECTION 3H.04. Section 130.009, Local Government Code, is
1327	1327	amended to read as follows:
1328	1328	Sec. 130.009. STATE RULES. The comptroller and the Texas
1329	1329	Department of Vehicles [Transportation] may make rules concerning
1330	1330	the acceptance of checks or credit card invoices by a county tax
1331	1331	assessor-collector and for the collection of dishonored checks or
1332	1332	credit card invoices.
1333	1333	PART I. OCCUPATIONS CODE
1334	1334	SECTION 3I.01. Section 554.009(c), Occupations Code, is
1335	1335	amended to read as follows:
1336	1336	(c) The board may register a vehicle with the Texas
1337	1337	Department of Vehicles [Transportation] in an alias name only for
1338	1338	investigative personnel.
1339	1339	PART J. PENAL CODE
1340	1340	SECTION 3J.01. Section 31.03(c), Penal Code, is amended to
1341	1341	read as follows:
1342	1342	(c) For purposes of Subsection (b):
1343	1343	(1) evidence that the actor has previously
1344	1344	participated in recent transactions other than, but similar to,
1345	1345	that which the prosecution is based is admissible for the purpose of
1346	1346	showing knowledge or intent and the issues of knowledge or intent
1347	1347	are raised by the actor's plea of not guilty;
1348	1348	(2) the testimony of an accomplice shall be
1349	1349	corroborated by proof that tends to connect the actor to the crime,
1350	1350	but the actor's knowledge or intent may be established by the
1351	1351	uncorroborated testimony of the accomplice;
1352	1352	(3) an actor engaged in the business of buying and
1353	1353	selling used or secondhand personal property, or lending money on
1354	1354	the security of personal property deposited with the actor, is
1355	1355	presumed to know upon receipt by the actor of stolen property (other
1356	1356	than a motor vehicle subject to Chapter 501, Transportation Code)
1357	1357	that the property has been previously stolen from another if the
1358	1358	actor pays for or loans against the property $25 or more (or
1359	1359	consideration of equivalent value) and the actor knowingly or
1360	1360	recklessly:
1361	1361	(A) fails to record the name, address, and
1362	1362	physical description or identification number of the seller or
1363	1363	pledgor;
1364	1364	(B) fails to record a complete description of the
1365	1365	property, including the serial number, if reasonably available, or
1366	1366	other identifying characteristics; or
1367	1367	(C) fails to obtain a signed warranty from the
1368	1368	seller or pledgor that the seller or pledgor has the right to
1369	1369	possess the property. It is the express intent of this provision
1370	1370	that the presumption arises unless the actor complies with each of
1371	1371	the numbered requirements;
1372	1372	(4) for the purposes of Subdivision (3)(A),
1373	1373	"identification number" means driver's license number, military
1374	1374	identification number, identification certificate, or other
1375	1375	official number capable of identifying an individual;
1376	1376	(5) stolen property does not lose its character as
1377	1377	stolen when recovered by any law enforcement agency;
1378	1378	(6) an actor engaged in the business of obtaining
1379	1379	abandoned or wrecked motor vehicles or parts of an abandoned or
1380	1380	wrecked motor vehicle for resale, disposal, scrap, repair,
1381	1381	rebuilding, demolition, or other form of salvage is presumed to
1382	1382	know on receipt by the actor of stolen property that the property
1383	1383	has been previously stolen from another if the actor knowingly or
1384	1384	recklessly:
1385	1385	(A) fails to maintain an accurate and legible
1386	1386	inventory of each motor vehicle component part purchased by or
1387	1387	delivered to the actor, including the date of purchase or delivery,
1388	1388	the name, age, address, sex, and driver's license number of the
1389	1389	seller or person making the delivery, the license plate number of
1390	1390	the motor vehicle in which the part was delivered, a complete
1391	1391	description of the part, and the vehicle identification number of
1392	1392	the motor vehicle from which the part was removed, or in lieu of
1393	1393	maintaining an inventory, fails to record the name and certificate
1394	1394	of inventory number of the person who dismantled the motor vehicle
1395	1395	from which the part was obtained;
1396	1396	(B) fails on receipt of a motor vehicle to obtain
1397	1397	a certificate of authority, sales receipt, or transfer document as
1398	1398	required by Chapter 683, Transportation Code, or a certificate of
1399	1399	title showing that the motor vehicle is not subject to a lien or
1400	1400	that all recorded liens on the motor vehicle have been released; or
1401	1401	(C) fails on receipt of a motor vehicle to
1402	1402	immediately remove an unexpired license plate from the motor
1403	1403	vehicle, to keep the plate in a secure and locked place, or to
1404	1404	maintain an inventory, on forms provided by the Texas Department of
1405	1405	Vehicles [Transportation], of license plates kept under this
1406	1406	paragraph, including for each plate or set of plates the license
1407	1407	plate number and the make, motor number, and vehicle identification
1408	1408	number of the motor vehicle from which the plate was removed;
1409	1409	(7) an actor who purchases or receives a used or
1410	1410	secondhand motor vehicle is presumed to know on receipt by the actor
1411	1411	of the motor vehicle that the motor vehicle has been previously
1412	1412	stolen from another if the actor knowingly or recklessly:
1413	1413	(A) fails to report to the Texas Department of
1414	1414	Vehicles [Transportation] the failure of the person who sold or
1415	1415	delivered the motor vehicle to the actor to deliver to the actor a
1416	1416	properly executed certificate of title to the motor vehicle at the
1417	1417	time the motor vehicle was delivered; or
1418	1418	(B) fails to file with the county tax
1419	1419	assessor-collector of the county in which the actor received the
1420	1420	motor vehicle, not later than the 20th day after the date the actor
1421	1421	received the motor vehicle, the registration license receipt and
1422	1422	certificate of title or evidence of title delivered to the actor in
1423	1423	accordance with Subchapter D, Chapter 520, Transportation Code, at
1424	1424	the time the motor vehicle was delivered;
1425	1425	(8) an actor who purchases or receives from any source
1426	1426	other than a licensed retailer or distributor of pesticides a
1427	1427	restricted-use pesticide or a state-limited-use pesticide or a
1428	1428	compound, mixture, or preparation containing a restricted-use or
1429	1429	state-limited-use pesticide is presumed to know on receipt by the
1430	1430	actor of the pesticide or compound, mixture, or preparation that
1431	1431	the pesticide or compound, mixture, or preparation has been
1432	1432	previously stolen from another if the actor:
1433	1433	(A) fails to record the name, address, and
1434	1434	physical description of the seller or pledgor;
1435	1435	(B) fails to record a complete description of the
1436	1436	amount and type of pesticide or compound, mixture, or preparation
1437	1437	purchased or received; and
1438	1438	(C) fails to obtain a signed warranty from the
1439	1439	seller or pledgor that the seller or pledgor has the right to
1440	1440	possess the property; and
1441	1441	(9) an actor who is subject to Section 409, Packers and
1442	1442	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
1443	1443	a commission merchant by representing that the actor will make
1444	1444	prompt payment is presumed to have induced the commission
1445	1445	merchant's consent by deception if the actor fails to make full
1446	1446	payment in accordance with Section 409, Packers and Stockyards Act
1447	1447	(7 U.S.C. Section 228b).
1448	1448	SECTION 3J.02. Section 31.11(b), Penal Code, is amended to
1449	1449	read as follows:
1450	1450	(b) It is an affirmative defense to prosecution under this
1451	1451	section that the person was:
1452	1452	(1) the owner or acting with the effective consent of
1453	1453	the owner of the property involved;
1454	1454	(2) a peace officer acting in the actual discharge of
1455	1455	official duties; or
1456	1456	(3) acting with respect to a number assigned to a
1457	1457	vehicle by the Texas Department of Transportation or the Texas
1458	1458	Department of Vehicles, as applicable, and the person was:
1459	1459	(A) in the actual discharge of official duties as
1460	1460	an employee or agent of the department; or
1461	1461	(B) in full compliance with the rules of the
1462	1462	department as an applicant for an assigned number approved by the
1463	1463	department.
1464	1464	PART K. TAX CODE
1465	1465	SECTION 3K.01. Section 21.02(d), Tax Code, is amended to
1466	1466	read as follows:
1467	1467	(d) A motor vehicle does not have taxable situs in a taxing
1468	1468	unit under Subsection (a)(1) if, on January 1, the vehicle:
1469	1469	(1) has been located for less than 60 days at a place
1470	1470	of business of a person who holds a wholesale motor vehicle auction
1471	1471	general distinguishing number issued by the Texas Department of
1472	1472	Vehicles [Transportation] under Chapter 503, Transportation Code,
1473	1473	for that place of business; and
1474	1474	(2) is offered for resale.
1475	1475	SECTION 3K.02. Section 22.04(d), Tax Code, is amended to
1476	1476	read as follows:
1477	1477	(d) This section does not apply to a motor vehicle that on
1478	1478	January 1 is located at a place of business of a person who holds a
1479	1479	wholesale motor vehicle auction general distinguishing number
1480	1480	issued by the Texas Department of Vehicles [Transportation] under
1481	1481	Chapter 503, Transportation Code, for that place of business, and
1482	1482	that:
1483	1483	(1) has not acquired taxable situs under Section
1484	1484	21.02(a)(1) in a taxing unit that participates in the appraisal
1485	1485	district because the vehicle is described by Section 21.02(d);
1486	1486	(2) is offered for sale by a dealer who holds a
1487	1487	dealer's general distinguishing number issued by the Texas
1488	1488	Department of Vehicles [Transportation] under Chapter 503,
1489	1489	Transportation Code, and whose inventory of motor vehicles is
1490	1490	subject to taxation in the manner provided by Sections 23.121 and
1491	1491	23.122; or
1492	1492	(3) is collateral possessed by a lienholder and
1493	1493	offered for sale in foreclosure of a security interest.
1494	1494	SECTION 3K.03. Sections 23.121(a)(3), (11), and (14), Tax
1495	1495	Code, are amended to read as follows:
1496	1496	(3) "Dealer" means a person who holds a dealer's
1497	1497	general distinguishing number issued by the Texas Department of
1498	1498	Vehicles [Transportation] under the authority of Chapter 503,
1499	1499	Transportation Code, or who is legally recognized as a motor
1500	1500	vehicle dealer pursuant to the law of another state and who complies
1501	1501	with the terms of Section 152.063(f). The term does not include:
1502	1502	(A) a person who holds a manufacturer's license
1503	1503	issued under Chapter 2301, Occupations Code [by the Motor Vehicle
1504	1504	Board of the Texas Department of Transportation];
1505	1505	(B) an entity that is owned or controlled by a
1506	1506	person who holds a manufacturer's license issued under Chapter
1507	1507	2301, Occupations Code [by the Motor Vehicle Board of the Texas
1508	1508	Department of Transportation]; or
1509	1509	(C) a dealer whose general distinguishing number
1510	1510	issued by the Texas Department of Vehicles [Transportation] under
1511	1511	the authority of Chapter 503, Transportation Code, prohibits the
1512	1512	dealer from selling a vehicle to any person except a dealer.
1513	1513	(11) "Sales price" means the total amount of money
1514	1514	paid or to be paid for the purchase of a motor vehicle as set forth
1515	1515	as "sales price" in the form entitled "Application for Texas
1516	1516	Certificate of Title" promulgated by the Texas Department of
1517	1517	Vehicles [Transportation]. In a transaction that does not involve
1518	1518	the use of that form, the term means an amount of money that is
1519	1519	equivalent, or substantially equivalent, to the amount that would
1520	1520	appear as "sales price" on the Application for Texas Certificate of
1521	1521	Title if that form were involved.
1522	1522	(14) "Towable recreational vehicle" means a
1523	1523	nonmotorized vehicle that is designed for temporary human
1524	1524	habitation for recreational, camping, or seasonal use and:
1525	1525	(A) is titled and registered with the Texas
1526	1526	Department of Vehicles [Transportation] through the office of the
1527	1527	collector;
1528	1528	(B) is permanently built on a single chassis;
1529	1529	(C) contains one or more life support systems;
1530	1530	and
1531	1531	(D) is designed to be towable by a motor vehicle.
1532	1532	SECTION 3K.04. Sections 23.121(f), (g), and (h), Tax Code,
1533	1533	are amended to read as follows:
1534	1534	(f) The comptroller shall promulgate a form entitled
1535	1535	Dealer's Motor Vehicle Inventory Declaration. Except as provided
1536	1536	by Section 23.122(l) [of this code], not later than February 1 of
1537	1537	each year, or, in the case of a dealer who was not in business on
1538	1538	January 1, not later than 30 days after commencement of business,
1539	1539	each dealer shall file a declaration with the chief appraiser and
1540	1540	file a copy with the collector. For purposes of this subsection, a
1541	1541	dealer is presumed to have commenced business on the date of
1542	1542	issuance to the dealer of a dealer's general distinguishing number
1543	1543	as provided by Chapter 503, Transportation Code. Notwithstanding
1544	1544	the presumption created by this subsection, a chief appraiser may,
1545	1545	at his or her sole discretion, designate as the date on which a
1546	1546	dealer commenced business a date other than the date of issuance to
1547	1547	the dealer of a dealer's general distinguishing number. The
1548	1548	declaration is sufficient to comply with this subsection if it sets
1549	1549	forth the following information:
1550	1550	(1) the name and business address of each location at
1551	1551	which the dealer owner conducts business;
1552	1552	(2) each of the dealer's general distinguishing
1553	1553	numbers issued by the Texas Department of Vehicles
1554	1554	[Transportation];
1555	1555	(3) a statement that the dealer owner is the owner of a
1556	1556	dealer's motor vehicle inventory; and
1557	1557	(4) the market value of the dealer's motor vehicle
1558	1558	inventory for the current tax year as computed under Section
1559	1559	23.121(b) [of this code].
1560	1560	(g) Under the terms provided by this subsection, the chief
1561	1561	appraiser may examine the books and records of the holder of a
1562	1562	general distinguishing number issued by the Texas Department of
1563	1563	Vehicles [Transportation]. A request made under this subsection
1564	1564	must be made in writing, delivered personally to the custodian of
1565	1565	the records, at the location for which the general distinguishing
1566	1566	number has been issued, must provide a period not less than 15 days
1567	1567	for the person to respond to the request, and must state that the
1568	1568	person to whom it is addressed has the right to seek judicial relief
1569	1569	from compliance with the request. In a request made under this
1570	1570	section the chief appraiser may examine:
1571	1571	(1) the document issued by the Texas Department of
1572	1572	Vehicles [Transportation] showing the person's general
1573	1573	distinguishing number;
1574	1574	(2) documentation appropriate to allow the chief
1575	1575	appraiser to ascertain the applicability of this section and
1576	1576	Section 23.122 [of this code] to the person;
1577	1577	(3) sales records to substantiate information set
1578	1578	forth in the dealer's declaration filed by the person.
1579	1579	(h) If a dealer fails to file a declaration as required by
1580	1580	this section, or if, on the declaration required by this section, a
1581	1581	dealer reports the sale of fewer than five motor vehicles in the
1582	1582	prior year, the chief appraiser shall report that fact to the Texas
1583	1583	Department of Vehicles [Transportation] and the department shall
1584	1584	initiate termination proceedings. The chief appraiser shall
1585	1585	include with the report a copy of a declaration, if any, indicating
1586	1586	the sale by a dealer of fewer than five motor vehicles in the prior
1587	1587	year. A report by a chief appraiser to the Texas Department of
1588	1588	Vehicles [Transportation] as provided by this subsection is prima
1589	1589	facie grounds for the cancellation of the dealer's general
1590	1590	distinguishing number under Section 503.038(a)(9), Transportation
1591	1591	Code, or for refusal by the Texas Department of Vehicles
1592	1592	[Transportation] to renew the dealer's general distinguishing
1593	1593	number.
1594	1594	SECTION 3K.05. Section 23.123(c), Tax Code, is amended to
1595	1595	read as follows:
1596	1596	(c) Information made confidential by this section may be
1597	1597	disclosed:
1598	1598	(1) in a judicial or administrative proceeding
1599	1599	pursuant to a lawful subpoena;
1600	1600	(2) to the person who filed the declaration or
1601	1601	statement or to that person's representative authorized by the
1602	1602	person in writing to receive the information;
1603	1603	(3) to the comptroller or an employee of the
1604	1604	comptroller authorized by the comptroller to receive the
1605	1605	information;
1606	1606	(4) to a collector or chief appraiser;
1607	1607	(5) to a district attorney, criminal district attorney
1608	1608	or county attorney involved in the enforcement of a penalty imposed
1609	1609	pursuant to Section 23.121 or Section 23.122 [of this code];
1610	1610	(6) for statistical purposes if in a form that does not
1611	1611	identify specific property or a specific property owner;
1612	1612	(7) if and to the extent that the information is
1613	1613	required for inclusion in a public document or record that the
1614	1614	appraisal or collection office is required by law to prepare or
1615	1615	maintain; or
1616	1616	(8) to the Texas Department of Vehicles
1617	1617	[Transportation] for use by that department in auditing compliance
1618	1618	of its licensees with appropriate provisions of applicable law.
1619	1619	SECTION 3K.06. Section 23.124(a)(11), Tax Code, is amended
1620	1620	to read as follows:
1621	1621	(11) "Sales price" means the total amount of money
1622	1622	paid or to be paid for the purchase of:
1623	1623	(A) a vessel, other than a trailer that is
1624	1624	treated as a vessel, as set forth as "sales price" in the form
1625	1625	entitled "Application for Texas Certificate of Number/Title for
1626	1626	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
1627	1627	and Wildlife Department;
1628	1628	(B) an outboard motor as set forth as "sales
1629	1629	price" in the form entitled "Application for Texas Certificate of
1630	1630	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
1631	1631	promulgated by the Parks and Wildlife Department; or
1632	1632	(C) a trailer that is treated as a vessel as set
1633	1633	forth as "sales price" in the form entitled "Application for Texas
1634	1634	Certificate of Title" promulgated by the Texas Department of
1635	1635	Vehicles [Transportation].
1636	1636	In a transaction involving a vessel, an outboard motor,
1637	1637	or a trailer that is treated as a vessel that does not involve the
1638	1638	use of one of these forms, the term means an amount of money that is
1639	1639	equivalent, or substantially equivalent, to the amount that would
1640	1640	appear as "sales price" on the Application for Texas Certificate of
1641	1641	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
1642	1642	Application for Texas Certificate of Title for an Outboard
1643	1643	Motor/Seller, Donor or Trader's Affidavit, or the Application for
1644	1644	Texas Certificate of Title if one of these forms were involved.
1645	1645	SECTION 3K.07. Section 113.011, Tax Code, is amended to
1646	1646	read as follows:
1647	1647	Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF VEHICLES
1648	1648	[TRANSPORTATION]. The comptroller shall furnish to the Texas
1649	1649	Department of Vehicles [Transportation] each release of a tax lien
1650	1650	filed by the comptroller with that department.
1651	1651	SECTION 3K.08. Sections 152.0412(a) and (f), Tax Code, are
1652	1652	amended to read as follows:
1653	1653	(a) In this section, "standard presumptive value" means the
1654	1654	private-party transaction value of a motor vehicle, as determined
1655	1655	by the Texas Department of Vehicles [Transportation] based on an
1656	1656	appropriate regional guidebook of a nationally recognized motor
1657	1657	vehicle value guide service, or based on another motor vehicle
1658	1658	guide publication that the department determines is appropriate if
1659	1659	a private-party transaction value for the motor vehicle is not
1660	1660	available from a regional guidebook described by this subsection.
1661	1661	(f) The Texas Department of Vehicles [Transportation] shall
1662	1662	maintain information on the standard presumptive values of motor
1663	1663	vehicles as part of the department's registration and title system.
1664	1664	The department shall update the information at least quarterly each
1665	1665	calendar year and publish, electronically or otherwise, the updated
1666	1666	information.
1667	1667	SECTION 3K.09. Section 152.042, Tax Code, is amended to
1668	1668	read as follows:
1669	1669	Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
1670	1670	person required to pay the tax imposed by Section 152.027 shall pay
1671	1671	the tax to the Texas Department of Vehicles [Transportation], and
1672	1672	the department may not issue the metal dealer's plates until the tax
1673	1673	is paid.
1674	1674	SECTION 3K.10. Section 152.121(b), Tax Code, is amended to
1675	1675	read as follows:
1676	1676	(b) Taxes on metal dealer plates collected by the Texas
1677	1677	Department of Vehicles [Transportation] shall be deposited by the
1678	1678	department in the state treasury in the same manner as are other
1679	1679	taxes collected under this chapter.
1680	1680	SECTION 3K.11. Section 162.001(52), Tax Code, is amended to
1681	1681	read as follows:
1682	1682	(52) "Registered gross weight" means the total weight
1683	1683	of the vehicle and carrying capacity shown on the registration
1684	1684	certificate issued by the Texas Department of Vehicles
1685	1685	[Transportation].
1686	1686	ARTICLE 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
1687	1687	RIGHTS OF ACTION
1688	1688	SECTION 4.01. (a) All powers, duties, obligations, and
1689	1689	rights of action of the Motor Carrier Division, the Motor Vehicle
1690	1690	Division, and the Vehicle Titles and Registration Division of the
1691	1691	Texas Department of Transportation are transferred to the Texas
1692	1692	Department of Vehicles, and all powers, duties, obligations, and
1693	1693	rights of action of the Texas Transportation Commission in
1694	1694	connection or associated with those divisions of the Texas
1695	1695	Department of Transportation are transferred to the board of the
1696	1696	Texas Department of Vehicles on November 1, 2009.
1697	1697	(b) In connection with the transfers required by Subsection
1698	1698	(a) of this section, the personnel, furniture, computers, other
1699	1699	property and equipment, files, and related materials used by the
1700	1700	Motor Carrier Division, the Motor Vehicle Division, or the Vehicle
1701	1701	Titles and Registration Division of the Texas Department of
1702	1702	Transportation are transferred to the Texas Department of Vehicles.
1703	1703	(c) The Texas Department of Vehicles shall continue any
1704	1704	proceeding involving the Motor Carrier Division, the Motor Vehicle
1705	1705	Division, or the Vehicle Titles and Registration Division of the
1706	1706	Texas Department of Transportation that was brought before the
1707	1707	effective date of this Act in accordance with the law in effect on
1708	1708	the date the proceeding was brought, and the former law is continued
1709	1709	in effect for that purpose.
1710	1710	(d) A certificate, license, document, permit, registration,
1711	1711	or other authorization issued by the Motor Carrier Division, the
1712	1712	Motor Vehicle Division, or the Vehicle Titles and Registration
1713	1713	Division of the Texas Department of Transportation that is in
1714	1714	effect on the effective date of this Act remains valid for the
1715	1715	period for which it was issued unless suspended or revoked by the
1716	1716	Texas Department of Vehicles.
1717	1717	(e) A rule adopted by the Texas Transportation Commission or
1718	1718	the director of the Texas Department of Transportation in
1719	1719	connection with or relating to the Motor Carrier Division, the
1720	1720	Motor Vehicle Division, or the Vehicle Titles and Registration
1721	1721	Division of that department continues in effect until it is amended
1722	1722	or repealed by the board of the Texas Department of Vehicles or the
1723	1723	Texas Department of Vehicles, as applicable.
1724	1724	(f) The unobligated and unexpended balance of any
1725	1725	appropriations made to the Texas Department of Transportation in
1726	1726	connection with or relating to the Motor Carrier Division, the
1727	1727	Motor Vehicle Division, or the Vehicle Titles and Registration
1728	1728	Division of that department for the state fiscal biennium ending
1729	1729	August 31, 2009, is transferred and reappropriated to the Texas
1730	1730	Department of Vehicles for the purpose of implementing the powers,
1731	1731	duties, obligations, and rights of action transferred to that
1732	1732	department under Subsection (a) of this section.
1733	1733	SECTION 4.02. (a) All powers, duties, obligations, and
1734	1734	rights of action of the Automobile Burglary and Theft Prevention
1735	1735	Authority Office of the Texas Department of Transportation under
1736	1736	Article 4413(37), Revised Statutes, are transferred to the
1737	1737	Automobile Burglary and Theft Prevention Authority Division of the
1738	1738	Texas Department of Vehicles, and all powers, duties, obligations,
1739	1739	and rights of action of the Texas Transportation Commission in
1740	1740	connection or associated with the Automobile Burglary and Theft
1741	1741	Prevention Authority Office of the Texas Department of
1742	1742	Transportation are transferred to the board of the Texas Department
1743	1743	of Vehicles on November 1, 2009.
1744	1744	(b) In connection with the transfers required by Subsection
1745	1745	(a) of this section, the personnel, furniture, computers, other
1746	1746	property and equipment, files, and related materials used by the
1747	1747	Automobile Burglary and Theft Prevention Authority Office of the
1748	1748	Texas Department of Transportation are transferred to the
1749	1749	Automobile Burglary and Theft Prevention Authority Division of the
1750	1750	Texas Department of Vehicles.
1751	1751	(c) The Automobile Burglary and Theft Prevention Authority
1752	1752	Division of the Texas Department of Vehicles shall continue any
1753	1753	proceeding involving the Automobile Burglary and Theft Prevention
1754	1754	Authority Office of the Texas Department of Transportation that was
1755	1755	brought before the effective date of this Act in accordance with the
1756	1756	law in effect on the date the proceeding was brought, and the former
1757	1757	law is continued in effect for that purpose.
1758	1758	(d) A certificate, license, document, permit, registration,
1759	1759	or other authorization issued by the Automobile Burglary and Theft
1760	1760	Prevention Authority Office of the Texas Department of
1761	1761	Transportation that is in effect on the effective date of this Act
1762	1762	remains valid for the period for which it was issued unless
1763	1763	suspended or revoked by the Automobile Burglary and Theft
1764	1764	Prevention Authority Division of the Texas Department of Vehicles.
1765	1765	(e) A rule adopted by the Automobile Burglary and Theft
1766	1766	Prevention Authority Office of the Texas Department of
1767	1767	Transportation, the Texas Transportation Commission, or the
1768	1768	director of the Texas Department of Transportation in connection
1769	1769	with or relating to the Automobile Burglary and Theft Prevention
1770	1770	Authority Office of that department continues in effect until it is
1771	1771	amended or repealed by the board of the Texas Department of Vehicles
1772	1772	or the Automobile Burglary and Theft Prevention Authority Division
1773	1773	of the Texas Department of Vehicles, as applicable.
1774	1774	(f) The unobligated and unexpended balance of any
1775	1775	appropriations made to the Texas Department of Transportation in
1776	1776	connection with or relating to the Automobile Burglary and Theft
1777	1777	Prevention Authority Office of that department for the state fiscal
1778	1778	biennium ending August 31, 2009, is transferred and reappropriated
1779	1779	to the Texas Department of Vehicles for the purpose of implementing
1780	1780	the powers, duties, obligations, and rights of action transferred
1781	1781	to that department under Subsection (a) of this section.
1782	1782	ARTICLE 5. APPOINTMENT OF BOARD
1783	1783	SECTION 5.01. Not later than October 1, 2009, the governor
1784	1784	shall appoint the members of the board of the Texas Department of
1785	1785	Vehicles in accordance with Subchapter B, Chapter 1001,
1786	1786	Transportation Code, as added by this Act.
1787	1787	ARTICLE 6. EFFECTIVE DATE
1788	1788	SECTION 6.01. This Act takes effect September 1, 2009.