81R4922 JD-D
By: Phillips H.B. No. 3278
A BILL TO BE ENTITLED
AN ACT
relating to the creation, organization, governance, duties, and
functions of the Texas Department of Vehicles; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS DEPARTMENT OF VEHICLES
SECTION 1.01. Title 7, Transportation Code, is amended by
adding Subtitle M to read as follows:
SUBTITLE M. DEPARTMENT OF VEHICLES
CHAPTER 1001. ORGANIZATION OF DEPARTMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this subtitle:
(1) "Board" means the board of the department.
(2) "Department" means the Texas Department of
Vehicles.
Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
department is created as an agency of this state.
(b) In addition to the other duties required of the Texas
Department of Vehicles, the department shall administer and
enforce:
(1) Subtitle A;
(2) Chapters 642, 643, 645, 646, and 648;
(3) Chapter 2301, Occupations Code; and
(4) Article 4413(37), Revised Statutes.
Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
is composed of an executive director appointed by the board and
other employees required to efficiently implement:
(1) this subtitle;
(2) other applicable vehicle laws of this state; and
(3) other laws that grant jurisdiction to or are
applicable to the department.
Sec. 1001.004. DIVISIONS. The board shall organize the
department into divisions to accomplish the department's functions
and the duties assigned to it, including divisions for:
(1) administration;
(2) automobile burglary and theft prevention;
(3) motor carriers;
(4) motor vehicle board; and
(5) vehicle titles and registration.
Sec. 1001.005. SUNSET PROVISION. The department is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the department
is abolished September 1, 2021.
Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney
general shall defend an action brought against the board or the
department or an action brought against an employee of the
department as a result of the employee's official act or omission,
regardless of whether at the time of the institution of the action
that person has terminated service with the department.
[Sections 1001.007-1001.020 reserved for expansion]
SUBCHAPTER B. BOARD OF DEPARTMENT OF VEHICLES
Sec. 1001.021. BOARD. (a) The board consists of nine
members appointed by the governor with the advice and consent of the
senate.
(b) Two members shall be appointed to represent motor
vehicle dealers; one member shall be appointed to represent motor
vehicle manufacturers; one member shall be appointed to represent
county tax assessor-collectors; one member shall be appointed to
represent the motor carrier industry; one member shall be appointed
to represent law enforcement agencies; and three members shall be
appointed to represent the general public. The member appointed to
represent law enforcement agencies may not be a state employee.
(c) A person is not eligible for appointment as a member of
the board if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization that is regulated by or
receives funds from the department;
(2) directly or indirectly owns or controls more than
10 percent interest in a business entity or other organization that
is regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses; or
(4) is registered, certified, or licensed by the
department.
(d) A person required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department may not serve as a member of the board.
(e) Appointments to the board shall be made without regard
to race, color, disability, sex, religion, age, or national origin
of the appointees and shall reflect the diversity of the population
of the state as a whole.
Sec. 1001.022. TERMS. Members of the board serve staggered
six-year terms, with the terms of either one or two members expiring
February 1 of each odd-numbered year.
Sec. 1001.023. CHAIR OF BOARD. (a) The governor
periodically shall designate one board member as the chair of the
board, who shall serve as presiding officer of the board.
(b) The chair shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the board the governor's suggestions for
department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the board, and the Legislative Budget
Board;
(7) designate one or more employees of the department
as a civil rights division of the department and receive regular
reports from the division on the department's efforts to comply
with civil rights legislation and administrative rules;
(8) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole;
(9) appoint a member of the board to act in the chair's
absence; and
(10) serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
Sec. 1001.024. BOARD MEETINGS. The board shall hold
regular meetings at least once a month and special meetings at the
call of the chair. Board members shall attend the meetings of the
board. The chair shall oversee the preparation of an agenda for
each meeting and ensure that a copy is provided to each board member
at least seven days before the meeting.
Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The
board shall consider ways in which the department's operations may
be improved and may periodically report to the legislature
concerning potential statutory changes that would improve the
operation of the department.
(b) On behalf of the board, the chair shall report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the board and relating to the operation of the department.
Sec. 1001.026. COMPENSATION. A member of the board is
entitled to compensation as provided by the General Appropriations
Act. If compensation for board members is not provided by that Act,
each member is entitled to reimbursement for actual and necessary
expenses incurred in performing functions as a member of the board.
Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board if a board member:
(1) does not have at the time of appointment or
maintain during service on the board the qualifications required by
Section 1001.021;
(2) violates a prohibition provided by Section
1001.021;
(3) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled board meetings that the board member is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the department knows that a
potential ground for removal exists, the director shall notify the
chair of the board of the ground, and the chair shall notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal relates to the
chair, the director shall notify another board member, who shall
notify the governor and the attorney general that a potential
ground for removal exists.
Sec. 1001.028. INFORMATION ON QUALIFICATIONS AND CONDUCT.
The department shall provide to the members of the board, as often
as necessary, information concerning the members' qualifications
for office and their responsibilities under applicable laws
relating to standards of conduct for state officers.
Sec. 1001.029. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) To be eligible to take office as a
member of the board, a person appointed to the board must complete
at least one course of a training program that complies with this
section.
(b) The training program must provide information to the
person regarding:
(1) this subchapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the board.
Sec. 1001.030. ADVISORY COMMITTEES. (a) The board shall
establish an advisory committee for each department division to
make recommendations to the board or the executive director on the
operation of the applicable division. A committee has the
purposes, powers, and duties, including the manner of reporting its
work, prescribed by the board. A committee and each committee
member serves at the will of the board.
(b) The board shall appoint persons to each advisory
committee who:
(1) are selected from a list provided by the executive
director; and
(2) have knowledge about and interests in, and
represent a broad range of viewpoints about, the work of the
committee or the applicable division.
(c) A member of an advisory committee may not be compensated
by the board or the department for committee service but is entitled
to reimbursement for actual and necessary expenses incurred in the
performance of committee service.
[Sections 1001.031-1001.040 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the
General Appropriations Act or other law, the executive director
shall appoint deputies, assistants, and other personnel as
necessary to carry out the powers and duties of the department under
this code, other applicable vehicle laws of this state, and other
laws granting jurisdiction or applicable to the department.
(b) A person appointed under this section must have the
professional and administrative experience necessary to qualify
the person for the position to which the person is appointed.
Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The executive
director shall develop and implement policies that clearly define
the respective responsibilities of the director and the staff of
the department.
Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the director's designee
shall prepare and maintain a written policy statement to ensure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the department
workforce that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the department workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those
areas of significant underuse.
(b) A policy statement prepared under this section must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (a); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as a part of other biennial
reports made to the legislature.
Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT.
The executive director shall provide to department employees, as
often as necessary, information regarding their:
(1) qualification for office or employment under this
subtitle; and
(2) responsibilities under applicable laws relating
to standards of conduct for state employees.
Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the director's
designee shall develop an intra-agency career ladder program. The
program must require intra-agency posting of all nonentry level
positions concurrently with any public posting.
(b) The executive director or the director's designee shall
develop a system of annual performance evaluations. All merit pay
for department employees must be based on the system established
under this subsection.
CHAPTER 1002. RULES
Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board or
the department may adopt any rules necessary and appropriate to
implement the powers and duties of the department under this code
and other laws of this state.
Sec. 1002.002. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. The board or the department may not adopt
rules restricting advertising or competitive bidding by a person
regulated by the department except to prohibit false, misleading,
or deceptive practices by the person.
Sec. 1002.003. INTERIM RULES TO COMPLY WITH FEDERAL
REQUIREMENTS. (a) The board or the department may adopt rules to
implement state responsibility in compliance with a federal law or
regulation or action of a federal court relating to a person or
activity under the jurisdiction of the department if:
(1) federal law or regulation, or an action of a
federal court, requires:
(A) a state to adopt the rules; or
(B) action by a state to ensure protection of the
citizens of the state;
(2) the rules will avoid federal preemption of an
activity under the jurisdiction of the department; or
(3) the rules will prevent the loss of federal funds to
this state.
(b) The board or the department may adopt a rule under this
section only if the federal action requiring the adoption of a rule
occurs or takes effect between sessions of the legislature or at
such time during a session of the legislature that sufficient time
does not remain to permit the preparation of a recommendation for
legislative action or permit the legislature to act. A rule adopted
under this section shall remain in effect only until 30 days
following the end of the next session of the legislature unless a
law is enacted that authorizes the subject matter of the rule. If a
law is enacted that authorizes the subject matter of the rule, the
rule will continue in effect.
CHAPTER 1003. DEPARTMENT PROCEDURES
Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
specifically provided by law, the department is subject to Chapters
2001 and 2002, Government Code.
Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)
The board or the department by rule may:
(1) create a summary procedure for routine matters;
and
(2) designate department activities that otherwise
would be subject to Chapter 2001, Government Code, as routine
matters to be handled under the summary procedure.
(b) An activity may be designated as a routine matter only
if the activity is:
(1) voluminous;
(2) repetitive;
(3) believed to be noncontroversial; and
(4) of limited interest to anyone other than persons
immediately involved in or affected by the proposed department
action.
(c) The rules may establish procedures different from those
contained in Chapter 2001, Government Code. The procedures must
require, for each party directly involved, notice of a proposed
negative action not later than the fifth day before the date the
action is proposed to be taken.
(d) A rule adopted by the board under this section may
provide for the delegation of authority to take action on a routine
matter to a salaried employee of the department designated by the
board.
Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
person directly or indirectly affected by an action of the board or
the department on a routine matter taken under the summary
procedure adopted under Section 1003.002 is entitled to a review of
the action under Chapter 2001, Government Code.
(b) The person must apply to the board not later than the
60th day after the date of the action to be entitled to the review.
(c) The timely filing of the application for review
immediately stays the action pending a hearing on the merits.
(d) The board and the department may adopt rules relating to
an application for review under this section and consideration of
the application.
Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED
CASES. The board or the department, as applicable, may, on written
agreement or stipulation of each party and any intervenor,
informally dispose of a contested case in accordance with Section
2001.056, Government Code, notwithstanding any provision of this
code or other law that requires a hearing before the board or the
department, as applicable.
Sec. 1003.005. NEWSPAPER PUBLICATION. Except as otherwise
provided by law, a notice or other matter that this code or other
law requires the board or the department to publish must be
published for three successive weeks in two newspapers that:
(1) are printed in this state; and
(2) have a general circulation in this state.
CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES AND PRODUCTION OF
RECORDS
Sec. 1004.001. DEFINITION. In this chapter, "records"
includes books, accounts, documents, papers, correspondence, and
other material.
Sec. 1004.002. SUBPOENA AUTHORITY. (a) With respect to a
matter that the board or the department has authority to consider or
investigate, the board or the department may issue a subpoena
applicable throughout this state that requires:
(1) the attendance and testimony of a witness; and
(2) the production of records.
(b) In connection with a subpoena, the board or department
may require attendance and production of records before the board
or the board's designee:
(1) at the department's offices in Austin; or
(2) at another place designated by the board or the
department.
(c) In connection with a subpoena, the board chair or the
board's designee may administer an oath, examine a witness, or
receive evidence.
Sec. 1004.003. SERVICE OF SUBPOENA. (a) A subpoena issued
by the board or the department may be served, at the discretion of
the board or department, by the executive director, an authorized
agent of the director, a sheriff, or a constable.
(b) The sheriff's or constable's fee for serving the
subpoena is the same as the fee paid to the sheriff or constable for
similar services.
Sec. 1004.004. ENFORCEMENT OF SUBPOENA. (a) On
application of the board or the department, as applicable, in the
case of disobedience of a subpoena issued by the board or the
department or the contumacy of a person, a district court may issue
an order requiring a person subpoenaed to obey the subpoena, to give
evidence, or to produce records if the person has refused to do so.
(b) A court may punish as contempt the failure to obey a
court order under Subsection (a).
(c) If the court orders compliance with the subpoena or
finds the person in contempt for failure to obey the order, the
board or the department, as applicable, or the attorney general
when representing the department, may recover reasonable costs and
fees, including attorney's fees and investigative costs incurred in
the proceedings.
(d) An application under Subsection (a) must be made in a
district court in Travis County or in the county in which the
subpoena is served.
Sec. 1004.005. COMPENSATION FOR ATTENDANCE. A person
required by subpoena to attend a proceeding before the board, the
board's designee, or the department is entitled to:
(1) reimbursement for mileage in the same amount for
each mile as the mileage travel allowance for a state employee for
traveling to or from the place where the person's attendance is
required, if the place is more than 25 miles from the person's place
of residence; and
(2) a fee for each day or part of a day the person is
required to be present as a witness that is equal to the greater of:
(A) $10; or
(B) a state employee's per diem travel allowance.
Sec. 1004.006. OUT-OF-STATE MATERIALS. (a) A person with
materials located outside this state that are requested by the
board or the department may make the materials available for
examination at the place where the materials are located.
(b) The board may designate a representative, including an
official of the state in which the materials are located, to examine
the materials.
(c) The board may respond to a similar request from an
official of another state or of the United States.
Sec. 1004.007. ACCESS TO INFORMATION. (a) A record or
other evidence acquired under a subpoena under this chapter is not a
public record for the period the board or the department, as
applicable, considers reasonably necessary to:
(1) complete the investigation;
(2) protect the person being investigated from
unwarranted injury; or
(3) serve the public interest.
(b) The record or other evidence is not subject to a
subpoena, other than a grand jury subpoena, until:
(1) the record or other evidence is released for
public inspection by the board or the department; or
(2) after notice and a hearing, a district court
determines that obeying the subpoena would not jeopardize the
public interest and any investigation by the board or the
department.
(c) Except for good cause, a district court order under
Subsection (b) may not apply to:
(1) a record or communication received from a law
enforcement agency or another regulatory agency; or
(2) the internal notes, memoranda, reports, or
communications made in connection with a matter that the board or
the department has the authority to consider or investigate.
Sec. 1004.008. PRIVILEGED AND CONFIDENTIAL RECORDS AND
INFORMATION; PROTECTIVE ORDERS. (a) A record subpoenaed and
produced under this chapter that is otherwise privileged or
confidential by law remains privileged or confidential until
admitted into evidence in an administrative hearing or a court.
(b) The board may issue a protective order relating to the
confidentiality or privilege of a record described by Subsection
(a) to restrict the use or distribution of the record:
(1) by a person; or
(2) in a proceeding other than a proceeding before the
board or the department.
Sec. 1004.009. COOPERATION WITH LAW ENFORCEMENT. On
request, the board or the department may furnish records or other
evidence obtained by subpoena to:
(1) a law enforcement agency of this state, another
state, or the United States; or
(2) a prosecuting attorney of a municipality, county,
or judicial district of this state, another state, or the United
States.
Sec. 1004.010. EFFECT ON CONTESTED CASE. Sections
1004.002, 1004.006, 1004.007, and 1004.009 do not affect the
conduct of a contested case under Chapter 2001, Government Code.
CHAPTER 1005. JUDICIAL REVIEW
Sec. 1005.001. ACTION SUBJECT TO JUDICIAL REVIEW. An
action of the board or the department subject to judicial review
under this chapter includes a decision, order, rate, rule, form, or
administrative or other ruling of the board.
Sec. 1005.002. PETITION FOR JUDICIAL REVIEW. (a) After
failing to get relief from the board, any party at interest who is
dissatisfied with an action of the board or the department may file
a petition for judicial review against the board or department, as
applicable, as defendant.
(b) The petition must state the particular objection to the
action and may be filed only in a district court in Travis County.
Sec. 1005.003. JUDICIAL REVIEW. Judicial review of the
action is under the substantial evidence rule and shall be
conducted under Chapter 2001, Government Code.
Sec. 1005.004. ACTION NOT VACATED. (a) The filing of a
petition for judicial review of an action under this chapter does
not vacate the action.
(b) After notice and hearing, the court may vacate the
action if the court finds it would serve the interest of justice to
do so.
Sec. 1005.005. APPEAL. (a) A party to the action under
Section 1005.002 may appeal to an appellate court that has
jurisdiction, and the appeal is at once returnable to that court.
(b) An appeal under this section has precedence in the
appellate court over any cause of a different character pending in
the court.
(c) The board or the department is not required to give an
appeal bond in an appeal arising under this chapter.
CHAPTER 1006. PUBLIC ACCESS
Sec. 1006.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
department shall prepare and maintain a written plan that describes
how a person who does not speak English may be provided reasonable
access to the department's programs.
(b) The department shall comply with federal and state laws
for program and facility accessibility.
Sec. 1006.002. PUBLIC COMMENT. The board and the
department shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the board or
the department and to speak on any issue under the jurisdiction of
the board or the department.
Sec. 1006.003. PUBLIC REPRESENTATION ON ADVISORY BODY. (a)
At least one-half of the membership of each advisory body appointed
by the board, other than an advisory body whose membership is
determined by this code or by other law, must represent the general
public.
(b) A public representative may not be:
(1) an officer, director, or employee of a business
entity regulated by the department;
(2) a person required to register with the Texas
Ethics Commission under Chapter 305, Government Code; or
(3) a person related within the second degree by
affinity or consanguinity to a person described by Subdivision (1)
or (2).
CHAPTER 1007. STANDARDS OF CONDUCT
Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL
CONDUCT. The board, the executive director, and each employee or
agent of the department is subject to the code of ethics and the
standard of conduct imposed by Chapter 572, Government Code, and
any other law regulating the ethical conduct of state officers and
employees.
Sec. 1007.002. CERTAIN BUSINESS INTERESTS; SERVICE AS
COMMISSIONER. A person is not eligible for appointment as
executive director if the person, the person's spouse, or any other
person who resides in the same household as the person:
(1) is registered, certified, or licensed by the
department;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the department;
or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law.
Sec. 1007.003. CERTAIN BUSINESS INTERESTS; EMPLOYEES. (a)
A person who is a director, officer, attorney, agent, or employee of
an occupation or business entity regulated by the department may
not be employed by the department.
(b) A person who resides in the same household as a person
who is an officer, managerial employee, or paid consultant in an
occupation or business entity regulated by the department may not
be employed in an exempt salary position as defined by the General
Appropriations Act.
Sec. 1007.004. TRADE ASSOCIATIONS. (a) A person who is an
officer, employee, or paid consultant of a trade association of
motor vehicle dealers may not be:
(1) the executive director; or
(2) an employee of the department who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(b) A person who is the spouse of an officer, manager, or
paid consultant of a trade association of motor vehicle dealers may
not be:
(1) the executive director; or
(2) an employee of the department who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(c) In this section, "trade association" means a nonprofit,
cooperative, and voluntarily joined association of business or
professional competitors designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
Sec. 1007.005. LOBBYING ACTIVITIES. A person may not serve
as the executive director or act as the general counsel to the
department if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of an occupation related to the
operation of the department.
Sec. 1007.006. PROHIBITED REPRESENTATION. (a) A person
who served as the executive director, the general counsel to the
department, or an employee of the State Office of Administrative
Hearings who was involved in hearing cases under this code or
another vehicle law of this state commits an offense if the person
represents another person in a matter before the board or the
department or receives compensation for services performed on
behalf of another person regarding a matter pending before the
board or the department during the one-year period after the date
the person ceased to be the director, the general counsel to the
department, or an employee of the State Office of Administrative
Hearings.
(b) A person who served as a member of the Texas
Transportation Commission or as an employee of the Texas Department
of Transportation, or who served as the executive director, the
general counsel to the department, or an employee of the department
or the State Office of Administrative Hearings, commits an offense
if, after the person ceased to serve, the person represents another
person or receives compensation for services performed on behalf of
another person regarding a matter with which the person was
directly concerned during the person's service. For purposes of
this subsection, a person was directly concerned with a matter if
the person had personal involvement with the matter or if the matter
was within the scope of the person's official responsibility.
(c) An offense under this section is a Class A misdemeanor.
(d) This section does not apply to a department employee
whose position is eliminated as a direct result of a reduction in
the department's workforce.
ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
OF TRANSPORTATION
PART A. GENERAL PROVISIONS AND ADMINISTRATION
SECTION 2A.01. Section 201.202(a), Transportation Code, is
amended to read as follows:
(a) The commission shall organize the department into
divisions to accomplish the department's functions and the duties
assigned to it, including divisions for:
(1) aviation;
(2) highways and roads; and
(3) public transportation[; and
[(4) motor vehicle titles and registration].
SECTION 2A.02. Section 201.931(2), Transportation Code, is
amended to read as follows:
(2) "License" includes:
(A) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations;
(B) a motor carrier registration issued under
Chapter 643;
(C) a vehicle storage facility license issued
under Chapter 2303, Occupations Code;
(D) a license or permit for outdoor advertising
issued under Chapter 391 or 394; and
(E) a salvage vehicle dealer or agent license
issued under Chapter 2302, Occupations Code[;
[(F) specially designated or specialized license
plates issued under Subchapters E and F, Chapter 502; and
[(G) an apportioned registration issued
according to the International Registration Plan under Section
502.054].
SECTION 2A.03. The following sections of the Transportation
Code are repealed:
(1) Section 201.202(c); and
(2) Section 201.805, as added by Chapter 1407 (S.B.
766), Acts of the 80th Legislature, Regular Session, 2007.
PART B. STATE HIGHWAY TOLL PROJECTS
SECTION 2B.01. Sections 228.055(b) and (h), Transportation
Code, are amended to read as follows:
(b) The department may impose and collect the
administrative fee, so as to recover the cost of collecting the
unpaid toll, not to exceed $100. The department shall send a
written notice of nonpayment to the registered owner of the vehicle
at that owner's address as shown in the vehicle registration
records of the Texas Department of Vehicles [department] by first
class mail and may require payment not sooner than the 30th day
after the date the notice was mailed. The registered owner shall
pay a separate toll and administrative fee for each event of
nonpayment under Section 228.054.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Vehicles [department] or the analogous department or
agency of another state or country.
SECTION 2B.02. Section 228.056(b), Transportation Code, is
amended to read as follows:
(b) In the prosecution of an offense under Section
228.055(c), (d), or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the Texas Department of
Vehicles [department] of the registered owner of the vehicle is
prima facie evidence of its contents and that the defendant was the
registered owner of the vehicle when the underlying event of
nonpayment under Section 228.054 occurred; and
(3) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the underlying event of
nonpayment under Section 228.054 is prima facie evidence of its
contents and that the defendant was the lessee of the vehicle when
the underlying event of nonpayment under Section 228.054 occurred.
PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
HIGHWAYS IN CERTAIN COUNTIES
SECTION 2C.01. Sections 284.0701(b), (e), and (h),
Transportation Code, are amended to read as follows:
(b) The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100. The county shall send a written notice of
nonpayment to the registered owner of the vehicle at that owner's
address as shown in the vehicle registration records of the Texas
Department of Vehicles [department] by first-class mail not later
than the 30th day after the date of the alleged failure to pay and
may require payment not sooner than the 30th day after the date the
notice was mailed. The registered owner shall pay a separate toll
and administrative cost for each event of nonpayment under Section
284.070.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the Texas Department of Vehicles [department] in
accordance with Section 520.023, and before the 30th day after the
date the notice of nonpayment is mailed, provides to the county the
name and address of the person to whom the vehicle was transferred.
If the former owner of the vehicle provides the required
information within the period prescribed, the county may send a
notice of nonpayment to the person to whom ownership of the vehicle
was transferred at the address provided by the former owner by
first-class mail before the 30th day after the date of receipt of
the required information from the former owner. The subsequent
owner of the vehicle for which the proper toll was not paid who is
mailed a written notice of nonpayment under this subsection and
fails to pay the proper toll and administrative cost within the time
specified by the notice of nonpayment commits an offense. The
subsequent owner shall pay a separate toll and administrative cost
for each event of nonpayment under Section 284.070. Each failure to
pay a toll or administrative cost under this subsection is a
separate offense.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Vehicles [department] or the analogous department or
agency of another state or country.
PART D. CERTIFICATE OF TITLE ACT
SECTION 2D.01. Section 501.002(3), Transportation Code, is
amended to read as follows:
(3) "Department" means the Texas Department of
Vehicles [Transportation].
PART E. REGISTRATION OF VEHICLES
SECTION 2E.01. Section 502.001(3), Transportation Code, is
amended to read as follows:
(3) "Department" means the Texas Department of
Vehicles [Transportation].
SECTION 2E.02. Sections 502.053(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department [Texas Department of Transportation]
shall reimburse the Texas Department of Criminal Justice for the
cost of manufacturing license plates or registration insignia as
the license plates or insignia and the invoice for the license
plates or insignia are delivered to the department [Texas
Department of Transportation].
(b) When manufacturing is started, the Texas Department of
Criminal Justice, the department [Texas Department of
Transportation], and the comptroller, after negotiation, shall set
the price to be paid for each license plate or insignia. The price
must be determined from:
(1) the cost of metal, paint, and other materials
purchased;
(2) the inmate maintenance cost per day;
(3) overhead expenses;
(4) miscellaneous charges; and
(5) a previously approved amount of profit for the
work.
PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
SECTION 2F.01. Sections 503.001(2) and (5), Transportation
Code, are amended to read as follows:
(2) "Commission" means the board of the Texas
Department of Vehicles [Texas Transportation Commission].
(5) "Department" means the Texas Department of
Vehicles [Transportation].
PART G. MISCELLANEOUS PROVISIONS
SECTION 2G.01. Section 520.001, Transportation Code, is
amended to read as follows:
Sec. 520.001. DEFINITION. In this chapter, "department"
means the Texas Department of Vehicles [Transportation].
PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SECTION 2H.01. Section 551.302, Transportation Code, is
amended to read as follows:
Sec. 551.302. REGISTRATION. The Texas Department of
Vehicles [Transportation] may adopt rules relating to the
registration and issuance of license plates to neighborhood
electric vehicles.
PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
SECTION 2I.01. Section 601.023, Transportation Code, is
amended to read as follows:
Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
may pay:
(1) a statutory fee required by the Texas Department
of Vehicles [Transportation] for a certified abstract or in
connection with suspension of a vehicle registration; or
(2) a statutory fee payable to the comptroller for
issuance of a certificate of deposit required by Section 601.122.
SECTION 2I.02. Section 601.451, Transportation Code, as
added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
Sec. 601.451. DEFINITION. In this subchapter,
"implementing agencies" means:
(1) the department;
(2) the Texas Department of Vehicles
[Transportation];
(3) the Texas Department of Insurance; and
(4) the Department of Information Resources.
SECTION 2I.03. Subchapter N, Chapter 601, Transportation
Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
SECTION 2J.01. Section 642.002(d), Transportation Code, is
amended to read as follows:
(d) The Texas Department of Vehicles [Transportation] by
rule may prescribe additional requirements regarding the form of
the markings required by Subsection (a)(2) that are not
inconsistent with that subsection.
PART K. MOTOR CARRIER REGISTRATION
SECTION 2K.01. Section 643.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of
Vehicles [Transportation].
PART L. SINGLE STATE REGISTRATION
SECTION 2L.01. Section 645.001, Transportation Code, is
amended to read as follows:
Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
Texas Department of Vehicles [Transportation] may, to the fullest
extent practicable, participate in a federal motor carrier
registration program under the unified carrier registration system
as defined by Section 643.001 or a [the] single state registration
system established under federal law [49 U.S.C. Section 14504].
PART M. MOTOR TRANSPORTATION BROKERS
SECTION 2M.01. Section 646.003(a), Transportation Code, is
amended to read as follows:
(a) A person may not act as a motor transportation broker
unless the person provides a bond to the Texas Department of
Vehicles [Transportation].
PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
SECTION 2N.01. Section 648.002, Transportation Code, is
amended to read as follows:
Sec. 648.002. RULES. In addition to rules required by this
chapter, the Texas Department of Vehicles [Transportation], the
Department of Public Safety, and the Texas Department of Insurance
may adopt other rules to carry out this chapter.
PART O. ABANDONED MOTOR VEHICLES
SECTION 2O.01. Section 683.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of
Vehicles [Transportation].
PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
SECTION 2P.01. Section 702.001(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the Texas Department of
Vehicles [Transportation].
PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
SECTION 2Q.01. Section 707.001(2), Transportation Code, is
amended to read as follows:
(2) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Vehicles [Transportation] or the analogous
department or agency of another state or country.
SECTION 2Q.02. Section 707.011(b), Transportation Code, is
amended to read as follows:
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the local authority or the entity with which the local
authority contracts under Section 707.003(a)(1) shall mail the
notice of violation to the owner at:
(1) the owner's address as shown on the registration
records of the Texas Department of Vehicles [Transportation]; or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Vehicles
[Transportation].
SECTION 2Q.03. Section 707.017, Transportation Code, is
amended to read as follows:
Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
is delinquent in the payment of a civil penalty imposed under this
chapter, the county assessor-collector or the Texas Department of
Vehicles [Transportation] may refuse to register a motor vehicle
alleged to have been involved in the violation.
PART R. SALE OR LEASE OF MOTOR VEHICLES
SECTION 2R.01. Section 2301.002(9), Occupations Code, is
amended to read as follows:
(9) "Department" means the Texas Department of
Vehicles [Transportation].
SECTION 2R.02. Section 2301.002(33), Occupations Code, is
repealed.
PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
SECTION 2S.01. Section 1(3), Article 4413(37), Revised
Statutes, is amended to read as follows:
(3) "Department" means the Texas Department of
Vehicles [Transportation].
SECTION 2S.02. Section 2, Article 4413(37), Revised
Statutes, is amended to read as follows:
Sec. 2. The Automobile Burglary and Theft Prevention
Authority is a division [established] in the Texas Department of
Vehicles [Transportation]. [The authority is not an advisory body
to the Texas Department of Transportation.]
SECTION 2S.03. Sections 6(d) and (i), Article 4413(37),
Revised Statutes, are repealed.
ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
TRANSPORTATION IN OTHER CODES
PART A. BUSINESS & COMMERCE CODE
SECTION 3A.01. Section 51.003(b), Business & Commerce Code,
as effective April 1, 2009, is amended to read as follows:
(b) In this chapter, "business opportunity" does not
include:
(1) the sale or lease of an established and ongoing
business or enterprise that has actively conducted business before
the sale or lease, whether composed of one or more than one
component business or enterprise, if the sale or lease represents
an isolated transaction or series of transactions involving a bona
fide change of ownership or control of the business or enterprise or
liquidation of the business or enterprise;
(2) a sale by a retailer of goods or services under a
contract or other agreement to sell the inventory of one or more
ongoing leased departments to a purchaser who is granted the right
to sell the goods or services within or adjoining a retail business
establishment as a department or division of the retail business
establishment;
(3) a transaction that is:
(A) regulated by the Texas Department of
Licensing and Regulation, the Texas Department of Insurance, the
Texas Real Estate Commission, or the director of the Motor Vehicle
Division of the Texas Department of Vehicles [Transportation]; and
(B) engaged in by a person licensed by one of
those agencies;
(4) a real estate syndication;
(5) a sale or lease to a business enterprise that also
sells or leases products, equipment, or supplies or performs
services:
(A) that are not supplied by the seller; and
(B) that the purchaser does not use with the
seller's products, equipment, supplies, or services;
(6) the offer or sale of a franchise as described by
the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
seq.) and its subsequent amendments;
(7) the offer or sale of a business opportunity if the
seller:
(A) has a net worth of $25 million or more
according to the seller's audited balance sheet as of a date not
earlier than the 13th month before the date of the transaction; or
(B) is at least 80 percent owned by another
person who:
(i) in writing unconditionally guarantees
performance by the person offering the business opportunity plan;
and
(ii) has a net worth of more than $25
million according to the person's most recent audited balance sheet
as of a date not earlier than the 13th month before the date of the
transaction; or
(8) an arrangement defined as a franchise by 16 C.F.R.
Section 436.2(a) and its subsequent amendments if:
(A) the franchisor complies in all material
respects in this state with 16 C.F.R. Part 436 and each order or
other action of the Federal Trade Commission; and
(B) before offering for sale or selling a
franchise in this state, a person files with the secretary of state
a notice containing:
(i) the name of the franchisor;
(ii) the name under which the franchisor
intends to transact business; and
(iii) the franchisor's principal business
address.
SECTION 3A.02. Section 105.004(b), Business & Commerce
Code, as effective April 1, 2009, is amended to read as follows:
(b) The Texas Department of Vehicles [Transportation] shall
provide a notice that states the provisions of this chapter to each
person with a disability who is issued:
(1) license plates under Section 504.201,
Transportation Code; or
(2) a disabled parking placard under Section 681.004,
Transportation Code.
PART B. CODE OF CRIMINAL PROCEDURE
SECTION 3B.01. Section 1(1), Article 42.22, Code of
Criminal Procedure, is amended to read as follows:
(1) "Department" means the Texas Department of
Vehicles [Transportation].
SECTION 3B.02. Article 59.04(c), Code of Criminal
Procedure, is amended to read as follows:
(c) If the property is a motor vehicle, and if there is
reasonable cause to believe that the vehicle has been registered
under the laws of this state, the attorney representing the state
shall ask the Texas Department of Vehicles [Transportation] to
identify from its records the record owner of the vehicle and any
interest holder. If the addresses of the owner and interest holder
are not otherwise known, the attorney representing the state shall
request citation be served on such persons at the address listed
with the Texas Department of Vehicles [Transportation]. If the
citation issued to such address is returned unserved, the attorney
representing the state shall cause a copy of the notice of the
seizure and intended forfeiture to be posted at the courthouse
door, to remain there for a period of not less than 30 days. If the
owner or interest holder does not answer or appear after the notice
has been so posted, the court shall enter a judgment by default as
to the owner or interest holder, provided that the attorney
representing the state files a written motion supported by
affidavit setting forth the attempted service. An owner or
interest holder whose interest is forfeited in this manner shall
not be liable for court costs. If the person in possession of the
vehicle at the time of the seizure is not the owner or the interest
holder of the vehicle, notification shall be provided to the
possessor in the same manner specified for notification to an owner
or interest holder.
PART C. FAMILY CODE
SECTION 3C.01. Section 157.316(b), Family Code, is amended
to read as follows:
(b) If a lien established under this subchapter attaches to
a motor vehicle, the lien must be perfected in the manner provided
by Chapter 501, Transportation Code, and the court or Title IV-D
agency that rendered the order of child support shall include in the
order a requirement that the obligor surrender to the court or Title
IV-D agency evidence of the legal ownership of the motor vehicle
against which the lien may attach. A lien against a motor vehicle
under this subchapter is not perfected until the obligor's title to
the vehicle has been surrendered to the court or Title IV-D agency
and the Texas Department of Vehicles [Transportation] has issued a
subsequent title that discloses on its face the fact that the
vehicle is subject to a child support lien under this subchapter.
SECTION 3C.02. Section 232.0022(a), Family Code, is amended
to read as follows:
(a) The Texas Department of Vehicles [Transportation] is
the appropriate licensing authority for suspension or nonrenewal of
a motor vehicle registration under this chapter.
SECTION 3C.03. Section 232.014(b), Family Code, is amended
to read as follows:
(b) A fee collected by the Texas Department of Vehicles
[Transportation] or the Department of Public Safety shall be
deposited to the credit of the state highway fund.
SECTION 3C.04. Section 264.502(b), Family Code, is amended
to read as follows:
(b) The members of the committee who serve under Subsections
(a)(1) through (3) shall select the following additional committee
members:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace;
(4) a medical examiner;
(5) a police chief;
(6) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(7) a child educator;
(8) a child mental health provider;
(9) a public health professional;
(10) a child protective services specialist;
(11) a sudden infant death syndrome family service
provider;
(12) a neonatologist;
(13) a child advocate;
(14) a chief juvenile probation officer;
(15) a child abuse prevention specialist;
(16) a representative of the Department of Public
Safety; and
(17) a representative of the Texas Department of
Vehicles [Transportation].
PART D. FINANCE CODE
SECTION 3D.01. Section 306.001(9), Finance Code, is amended
to read as follows:
(9) "Qualified commercial loan":
(A) means:
(i) a commercial loan in which one or more
persons as part of the same transaction lends, advances, borrows,
or receives, or is obligated to lend or advance or entitled to
borrow or receive, money or credit with an aggregate value of:
(a) $3 million or more if the
commercial loan is secured by real property; or
(b) $250,000 or more if the commercial
loan is not secured by real property and, if the aggregate value of
the commercial loan is less than $500,000, the loan documents
contain a written certification from the borrower that:
(1) the borrower has been
advised by the lender to seek the advice of an attorney and an
accountant in connection with the commercial loan; and
(2) the borrower has had the
opportunity to seek the advice of an attorney and accountant of the
borrower's choice in connection with the commercial loan; and
(ii) a renewal or extension of a commercial
loan described by Paragraph (A), regardless of the principal amount
of the loan at the time of the renewal or extension; and
(B) does not include a commercial loan made for
the purpose of financing a business licensed by the Motor Vehicle
Board of the Texas Department of Vehicles [Transportation] under
Section 2301.251(a), Occupations Code.
SECTION 3D.02. Section 348.001(10-a), Finance Code, is
amended to read as follows:
(10-a) "Towable recreation vehicle" means a
nonmotorized vehicle that:
(A) was originally designed and manufactured
primarily to provide temporary human habitation in conjunction with
recreational, camping, or seasonal use;
(B) is titled and registered with the Texas
Department of Vehicles [Transportation] as a travel trailer through
a county tax assessor-collector;
(C) is permanently built on a single chassis;
(D) contains at least one life support system;
and
(E) is designed to be towable by a motor vehicle.
SECTION 3D.03. Section 348.518, Finance Code, is amended to
read as follows:
Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
enforcement of law and minimization of regulatory burdens, the
commissioner and the Texas Department of Vehicles [Transportation]
may share information, including criminal history information,
relating to a person licensed under this chapter. Information
otherwise confidential remains confidential after it is shared
under this section.
PART E. GOVERNMENT CODE
SECTION 3E.01. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee
[Board of Examiners of Perfusionists];
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Polygraph Examiners Board;
(19) Texas State Board of Examiners of Psychologists;
(20) Texas Real Estate Commission;
(21) Board of Tax Professional Examiners;
(22) Texas Department of Transportation;
(23) State Board of Veterinary Medical Examiners;
(24) Texas Department of Housing and Community
Affairs;
(25) secretary of state;
(26) state fire marshal;
(27) Texas Education Agency; [and]
(28) Department of Agriculture; and
(29) Texas Department of Vehicles.
PART F. HEALTH AND SAFETY CODE
SECTION 3F.01. Section 382.209(e), Health and Safety Code,
is amended to read as follows:
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for the 12 months preceding
the application for participation in the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Vehicles [Transportation], and the Public Safety
Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
SECTION 3F.02. Section 382.210(f), Health and Safety Code,
is amended to read as follows:
(f) In this section, "total cost" means the total amount of
money paid or to be paid for the purchase of a motor vehicle as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
SECTION 3F.03. Section 461.017(a), Health and Safety Code,
is amended to read as follows:
(a) The Drug Demand Reduction Advisory Committee is
composed of the following members:
(1) five representatives of the public from different
geographic regions of the state who have knowledge and expertise in
issues relating to reducing drug demand and who are appointed by the
commissioner [executive director] of the Department of State Health
Services [Texas Commission on Alcohol and Drug Abuse]; and
(2) one representative of each of the following
agencies or offices who is appointed by the executive director or
commissioner of the agency or office and who is directly involved in
the agency's or office's policies, programs, or funding activities
relating to reducing drug demand:
(A) the criminal justice division of the
governor's office;
(B) the Criminal Justice Policy Council;
(C) the Department of Family and Protective [and
Regulatory] Services;
(D) the Department of Public Safety of the State
of Texas;
(E) the Health and Human Services Commission;
(F) the Texas Alcoholic Beverage Commission;
(G) the Department of State Health Services
[Texas Commission on Alcohol and Drug Abuse];
(H) the Texas Council on Offenders with Mental
Impairments;
(I) the Texas Department of Criminal Justice;
(J) the [Texas Department of] Health and[;
[(K) the Texas Department of] Human Services
Commission;
(K) [(L)] the [Texas] Department of Aging and
Disability Services [Mental Health and Mental Retardation];
(L) [(M)] the Texas Education Agency;
(M) [(N)] the Texas Juvenile Probation
Commission;
(N) [(O)] the Texas Youth Commission;
(O) [(P)] the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission];
(P) [(Q)] the Texas Workforce Commission;
(Q) [(R)] the Texas Department of Vehicles
[Transportation];
(R) [(S)] the comptroller of public accounts;
and
(S) [(T)] the adjutant general's department.
PART G. HUMAN RESOURCES CODE
SECTION 3G.01. Section 22.041, Human Resources Code, is
amended to read as follows:
Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
other provision of this code, the department may use information
obtained from a third party to verify the assets and resources of a
person for purposes of determining the person's eligibility and
need for medical assistance, financial assistance, or nutritional
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Vehicles
[Transportation's] vehicle registration record database.
SECTION 3G.02. Section 32.026(g), Human Resources Code, is
amended to read as follows:
(g) Notwithstanding any other provision of this code, the
department may use information obtained from a third party to
verify the assets and resources of a person for purposes of
determining the person's eligibility and need for medical
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Vehicles
[Transportation's] vehicle registration record database.
PART H. LOCAL GOVERNMENT CODE
SECTION 3H.01. Section 130.006, Local Government Code, is
amended to read as follows:
Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
CHECKS AND INVOICES. A county tax assessor-collector may establish
procedures for the collection of dishonored checks and credit card
invoices. The procedures may include:
(1) official notification to the maker that the check
or invoice has not been honored and that the receipt, registration,
certificate, or other instrument issued on the receipt of the check
or invoice is not valid until payment of the fee or tax is made;
(2) notification of the sheriff or other law
enforcement officers that a check or credit card invoice has not
been honored and that the receipt, registration, certificate, or
other instrument held by the maker is not valid; and
(3) notification to the Texas Department of Vehicles
[Transportation], the comptroller of public accounts, or the
Department of Public Safety that the receipt, registration,
certificate, or other instrument held by the maker is not valid.
SECTION 3H.02. Section 130.007, Local Government Code, is
amended to read as follows:
Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
remitted to the comptroller or the Texas Department of Vehicles
[Transportation] and if payment was made to the county tax
assessor-collector by a check that was not honored by the drawee
bank or by a credit card invoice that was not honored by the credit
card issuer, the amount of the fee or tax is not required to be
remitted, but the assessor-collector shall notify the appropriate
department of:
(1) the amount of the fee or tax;
(2) the type of fee or tax involved; and
(3) the name and address of the maker.
(b) The Texas Department of Vehicles [Transportation] and
the comptroller shall assist the county tax assessor-collector in
collecting the fee or tax and may cancel or revoke any receipt,
registration, certificate, or other instrument issued in the name
of the state conditioned on the payment of the fee or tax.
SECTION 3H.03. Section 130.008, Local Government Code, is
amended to read as follows:
Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
SUBCHAPTER. If the comptroller or the Texas Department of Vehicles
[Transportation] determines that the county tax assessor-collector
has accepted payment for fees and taxes to be remitted to that
department in violation of Section 130.004 or that more than two
percent of the fees and taxes to be received from the
assessor-collector are not remitted because of the acceptance of
checks that are not honored by the drawee bank or of credit card
invoices that are not honored by the credit card issuer, the
department may notify the assessor-collector that the
assessor-collector may not accept a check or credit card invoice
for the payment of any fee or tax to be remitted to that department.
A county tax assessor-collector who accepts a check or credit card
invoice for the payment of a fee or tax, after notice that the
assessor-collector may not receive a check or credit card invoice
for the payment of fees or taxes to be remitted to a department, is
liable to the state for the amount of the check or credit card
invoice accepted.
SECTION 3H.04. Section 130.009, Local Government Code, is
amended to read as follows:
Sec. 130.009. STATE RULES. The comptroller and the Texas
Department of Vehicles [Transportation] may make rules concerning
the acceptance of checks or credit card invoices by a county tax
assessor-collector and for the collection of dishonored checks or
credit card invoices.
PART I. OCCUPATIONS CODE
SECTION 3I.01. Section 554.009(c), Occupations Code, is
amended to read as follows:
(c) The board may register a vehicle with the Texas
Department of Vehicles [Transportation] in an alias name only for
investigative personnel.
PART J. PENAL CODE
SECTION 3J.01. Section 31.03(c), Penal Code, is amended to
read as follows:
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously
participated in recent transactions other than, but similar to,
that which the prosecution is based is admissible for the purpose of
showing knowledge or intent and the issues of knowledge or intent
are raised by the actor's plea of not guilty;
(2) the testimony of an accomplice shall be
corroborated by proof that tends to connect the actor to the crime,
but the actor's knowledge or intent may be established by the
uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and
selling used or secondhand personal property, or lending money on
the security of personal property deposited with the actor, is
presumed to know upon receipt by the actor of stolen property (other
than a motor vehicle subject to Chapter 501, Transportation Code)
that the property has been previously stolen from another if the
actor pays for or loans against the property $25 or more (or
consideration of equivalent value) and the actor knowingly or
recklessly:
(A) fails to record the name, address, and
physical description or identification number of the seller or
pledgor;
(B) fails to record a complete description of the
property, including the serial number, if reasonably available, or
other identifying characteristics; or
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property. It is the express intent of this provision
that the presumption arises unless the actor complies with each of
the numbered requirements;
(4) for the purposes of Subdivision (3)(A),
"identification number" means driver's license number, military
identification number, identification certificate, or other
official number capable of identifying an individual;
(5) stolen property does not lose its character as
stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining
abandoned or wrecked motor vehicles or parts of an abandoned or
wrecked motor vehicle for resale, disposal, scrap, repair,
rebuilding, demolition, or other form of salvage is presumed to
know on receipt by the actor of stolen property that the property
has been previously stolen from another if the actor knowingly or
recklessly:
(A) fails to maintain an accurate and legible
inventory of each motor vehicle component part purchased by or
delivered to the actor, including the date of purchase or delivery,
the name, age, address, sex, and driver's license number of the
seller or person making the delivery, the license plate number of
the motor vehicle in which the part was delivered, a complete
description of the part, and the vehicle identification number of
the motor vehicle from which the part was removed, or in lieu of
maintaining an inventory, fails to record the name and certificate
of inventory number of the person who dismantled the motor vehicle
from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain
a certificate of authority, sales receipt, or transfer document as
required by Chapter 683, Transportation Code, or a certificate of
title showing that the motor vehicle is not subject to a lien or
that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to
immediately remove an unexpired license plate from the motor
vehicle, to keep the plate in a secure and locked place, or to
maintain an inventory, on forms provided by the Texas Department of
Vehicles [Transportation], of license plates kept under this
paragraph, including for each plate or set of plates the license
plate number and the make, motor number, and vehicle identification
number of the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or
secondhand motor vehicle is presumed to know on receipt by the actor
of the motor vehicle that the motor vehicle has been previously
stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of
Vehicles [Transportation] the failure of the person who sold or
delivered the motor vehicle to the actor to deliver to the actor a
properly executed certificate of title to the motor vehicle at the
time the motor vehicle was delivered; or
(B) fails to file with the county tax
assessor-collector of the county in which the actor received the
motor vehicle, not later than the 20th day after the date the actor
received the motor vehicle, the registration license receipt and
certificate of title or evidence of title delivered to the actor in
accordance with Subchapter D, Chapter 520, Transportation Code, at
the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source
other than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has been
previously stolen from another if the actor:
(A) fails to record the name, address, and
physical description of the seller or pledgor;
(B) fails to record a complete description of the
amount and type of pesticide or compound, mixture, or preparation
purchased or received; and
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property; and
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
a commission merchant by representing that the actor will make
prompt payment is presumed to have induced the commission
merchant's consent by deception if the actor fails to make full
payment in accordance with Section 409, Packers and Stockyards Act
(7 U.S.C. Section 228b).
SECTION 3J.02. Section 31.11(b), Penal Code, is amended to
read as follows:
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of
the owner of the property involved;
(2) a peace officer acting in the actual discharge of
official duties; or
(3) acting with respect to a number assigned to a
vehicle by the Texas Department of Transportation or the Texas
Department of Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as
an employee or agent of the department; or
(B) in full compliance with the rules of the
department as an applicant for an assigned number approved by the
department.
PART K. TAX CODE
SECTION 3K.01. Section 21.02(d), Tax Code, is amended to
read as follows:
(d) A motor vehicle does not have taxable situs in a taxing
unit under Subsection (a)(1) if, on January 1, the vehicle:
(1) has been located for less than 60 days at a place
of business of a person who holds a wholesale motor vehicle auction
general distinguishing number issued by the Texas Department of
Vehicles [Transportation] under Chapter 503, Transportation Code,
for that place of business; and
(2) is offered for resale.
SECTION 3K.02. Section 22.04(d), Tax Code, is amended to
read as follows:
(d) This section does not apply to a motor vehicle that on
January 1 is located at a place of business of a person who holds a
wholesale motor vehicle auction general distinguishing number
issued by the Texas Department of Vehicles [Transportation] under
Chapter 503, Transportation Code, for that place of business, and
that:
(1) has not acquired taxable situs under Section
21.02(a)(1) in a taxing unit that participates in the appraisal
district because the vehicle is described by Section 21.02(d);
(2) is offered for sale by a dealer who holds a
dealer's general distinguishing number issued by the Texas
Department of Vehicles [Transportation] under Chapter 503,
Transportation Code, and whose inventory of motor vehicles is
subject to taxation in the manner provided by Sections 23.121 and
23.122; or
(3) is collateral possessed by a lienholder and
offered for sale in foreclosure of a security interest.
SECTION 3K.03. Sections 23.121(a)(3), (11), and (14), Tax
Code, are amended to read as follows:
(3) "Dealer" means a person who holds a dealer's
general distinguishing number issued by the Texas Department of
Vehicles [Transportation] under the authority of Chapter 503,
Transportation Code, or who is legally recognized as a motor
vehicle dealer pursuant to the law of another state and who complies
with the terms of Section 152.063(f). The term does not include:
(A) a person who holds a manufacturer's license
issued under Chapter 2301, Occupations Code [by the Motor Vehicle
Board of the Texas Department of Transportation];
(B) an entity that is owned or controlled by a
person who holds a manufacturer's license issued under Chapter
2301, Occupations Code [by the Motor Vehicle Board of the Texas
Department of Transportation]; or
(C) a dealer whose general distinguishing number
issued by the Texas Department of Vehicles [Transportation] under
the authority of Chapter 503, Transportation Code, prohibits the
dealer from selling a vehicle to any person except a dealer.
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of a motor vehicle as set forth
as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
(14) "Towable recreational vehicle" means a
nonmotorized vehicle that is designed for temporary human
habitation for recreational, camping, or seasonal use and:
(A) is titled and registered with the Texas
Department of Vehicles [Transportation] through the office of the
collector;
(B) is permanently built on a single chassis;
(C) contains one or more life support systems;
and
(D) is designed to be towable by a motor vehicle.
SECTION 3K.04. Sections 23.121(f), (g), and (h), Tax Code,
are amended to read as follows:
(f) The comptroller shall promulgate a form entitled
Dealer's Motor Vehicle Inventory Declaration. Except as provided
by Section 23.122(l) [of this code], not later than February 1 of
each year, or, in the case of a dealer who was not in business on
January 1, not later than 30 days after commencement of business,
each dealer shall file a declaration with the chief appraiser and
file a copy with the collector. For purposes of this subsection, a
dealer is presumed to have commenced business on the date of
issuance to the dealer of a dealer's general distinguishing number
as provided by Chapter 503, Transportation Code. Notwithstanding
the presumption created by this subsection, a chief appraiser may,
at his or her sole discretion, designate as the date on which a
dealer commenced business a date other than the date of issuance to
the dealer of a dealer's general distinguishing number. The
declaration is sufficient to comply with this subsection if it sets
forth the following information:
(1) the name and business address of each location at
which the dealer owner conducts business;
(2) each of the dealer's general distinguishing
numbers issued by the Texas Department of Vehicles
[Transportation];
(3) a statement that the dealer owner is the owner of a
dealer's motor vehicle inventory; and
(4) the market value of the dealer's motor vehicle
inventory for the current tax year as computed under Section
23.121(b) [of this code].
(g) Under the terms provided by this subsection, the chief
appraiser may examine the books and records of the holder of a
general distinguishing number issued by the Texas Department of
Vehicles [Transportation]. A request made under this subsection
must be made in writing, delivered personally to the custodian of
the records, at the location for which the general distinguishing
number has been issued, must provide a period not less than 15 days
for the person to respond to the request, and must state that the
person to whom it is addressed has the right to seek judicial relief
from compliance with the request. In a request made under this
section the chief appraiser may examine:
(1) the document issued by the Texas Department of
Vehicles [Transportation] showing the person's general
distinguishing number;
(2) documentation appropriate to allow the chief
appraiser to ascertain the applicability of this section and
Section 23.122 [of this code] to the person;
(3) sales records to substantiate information set
forth in the dealer's declaration filed by the person.
(h) If a dealer fails to file a declaration as required by
this section, or if, on the declaration required by this section, a
dealer reports the sale of fewer than five motor vehicles in the
prior year, the chief appraiser shall report that fact to the Texas
Department of Vehicles [Transportation] and the department shall
initiate termination proceedings. The chief appraiser shall
include with the report a copy of a declaration, if any, indicating
the sale by a dealer of fewer than five motor vehicles in the prior
year. A report by a chief appraiser to the Texas Department of
Vehicles [Transportation] as provided by this subsection is prima
facie grounds for the cancellation of the dealer's general
distinguishing number under Section 503.038(a)(9), Transportation
Code, or for refusal by the Texas Department of Vehicles
[Transportation] to renew the dealer's general distinguishing
number.
SECTION 3K.05. Section 23.123(c), Tax Code, is amended to
read as follows:
(c) Information made confidential by this section may be
disclosed:
(1) in a judicial or administrative proceeding
pursuant to a lawful subpoena;
(2) to the person who filed the declaration or
statement or to that person's representative authorized by the
person in writing to receive the information;
(3) to the comptroller or an employee of the
comptroller authorized by the comptroller to receive the
information;
(4) to a collector or chief appraiser;
(5) to a district attorney, criminal district attorney
or county attorney involved in the enforcement of a penalty imposed
pursuant to Section 23.121 or Section 23.122 [of this code];
(6) for statistical purposes if in a form that does not
identify specific property or a specific property owner;
(7) if and to the extent that the information is
required for inclusion in a public document or record that the
appraisal or collection office is required by law to prepare or
maintain; or
(8) to the Texas Department of Vehicles
[Transportation] for use by that department in auditing compliance
of its licensees with appropriate provisions of applicable law.
SECTION 3K.06. Section 23.124(a)(11), Tax Code, is amended
to read as follows:
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of:
(A) a vessel, other than a trailer that is
treated as a vessel, as set forth as "sales price" in the form
entitled "Application for Texas Certificate of Number/Title for
Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
and Wildlife Department;
(B) an outboard motor as set forth as "sales
price" in the form entitled "Application for Texas Certificate of
Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
promulgated by the Parks and Wildlife Department; or
(C) a trailer that is treated as a vessel as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of
Vehicles [Transportation].
In a transaction involving a vessel, an outboard motor,
or a trailer that is treated as a vessel that does not involve the
use of one of these forms, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
Application for Texas Certificate of Title for an Outboard
Motor/Seller, Donor or Trader's Affidavit, or the Application for
Texas Certificate of Title if one of these forms were involved.
SECTION 3K.07. Section 113.011, Tax Code, is amended to
read as follows:
Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF VEHICLES
[TRANSPORTATION]. The comptroller shall furnish to the Texas
Department of Vehicles [Transportation] each release of a tax lien
filed by the comptroller with that department.
SECTION 3K.08. Sections 152.0412(a) and (f), Tax Code, are
amended to read as follows:
(a) In this section, "standard presumptive value" means the
private-party transaction value of a motor vehicle, as determined
by the Texas Department of Vehicles [Transportation] based on an
appropriate regional guidebook of a nationally recognized motor
vehicle value guide service, or based on another motor vehicle
guide publication that the department determines is appropriate if
a private-party transaction value for the motor vehicle is not
available from a regional guidebook described by this subsection.
(f) The Texas Department of Vehicles [Transportation] shall
maintain information on the standard presumptive values of motor
vehicles as part of the department's registration and title system.
The department shall update the information at least quarterly each
calendar year and publish, electronically or otherwise, the updated
information.
SECTION 3K.09. Section 152.042, Tax Code, is amended to
read as follows:
Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
person required to pay the tax imposed by Section 152.027 shall pay
the tax to the Texas Department of Vehicles [Transportation], and
the department may not issue the metal dealer's plates until the tax
is paid.
SECTION 3K.10. Section 152.121(b), Tax Code, is amended to
read as follows:
(b) Taxes on metal dealer plates collected by the Texas
Department of Vehicles [Transportation] shall be deposited by the
department in the state treasury in the same manner as are other
taxes collected under this chapter.
SECTION 3K.11. Section 162.001(52), Tax Code, is amended to
read as follows:
(52) "Registered gross weight" means the total weight
of the vehicle and carrying capacity shown on the registration
certificate issued by the Texas Department of Vehicles
[Transportation].
ARTICLE 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
RIGHTS OF ACTION
SECTION 4.01. (a) All powers, duties, obligations, and
rights of action of the Motor Carrier Division, the Motor Vehicle
Division, and the Vehicle Titles and Registration Division of the
Texas Department of Transportation are transferred to the Texas
Department of Vehicles, and all powers, duties, obligations, and
rights of action of the Texas Transportation Commission in
connection or associated with those divisions of the Texas
Department of Transportation are transferred to the board of the
Texas Department of Vehicles on November 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Motor Carrier Division, the Motor Vehicle Division, or the Vehicle
Titles and Registration Division of the Texas Department of
Transportation are transferred to the Texas Department of Vehicles.
(c) The Texas Department of Vehicles shall continue any
proceeding involving the Motor Carrier Division, the Motor Vehicle
Division, or the Vehicle Titles and Registration Division of the
Texas Department of Transportation that was brought before the
effective date of this Act in accordance with the law in effect on
the date the proceeding was brought, and the former law is continued
in effect for that purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Motor Carrier Division, the
Motor Vehicle Division, or the Vehicle Titles and Registration
Division of the Texas Department of Transportation that is in
effect on the effective date of this Act remains valid for the
period for which it was issued unless suspended or revoked by the
Texas Department of Vehicles.
(e) A rule adopted by the Texas Transportation Commission or
the director of the Texas Department of Transportation in
connection with or relating to the Motor Carrier Division, the
Motor Vehicle Division, or the Vehicle Titles and Registration
Division of that department continues in effect until it is amended
or repealed by the board of the Texas Department of Vehicles or the
Texas Department of Vehicles, as applicable.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Motor Carrier Division, the
Motor Vehicle Division, or the Vehicle Titles and Registration
Division of that department for the state fiscal biennium ending
August 31, 2009, is transferred and reappropriated to the Texas
Department of Vehicles for the purpose of implementing the powers,
duties, obligations, and rights of action transferred to that
department under Subsection (a) of this section.
SECTION 4.02. (a) All powers, duties, obligations, and
rights of action of the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation under
Article 4413(37), Revised Statutes, are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Vehicles, and all powers, duties, obligations,
and rights of action of the Texas Transportation Commission in
connection or associated with the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation are transferred to the board of the Texas Department
of Vehicles on November 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Automobile Burglary and Theft Prevention Authority Office of the
Texas Department of Transportation are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Vehicles.
(c) The Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Vehicles shall continue any
proceeding involving the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation that was
brought before the effective date of this Act in accordance with the
law in effect on the date the proceeding was brought, and the former
law is continued in effect for that purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that is in effect on the effective date of this Act
remains valid for the period for which it was issued unless
suspended or revoked by the Automobile Burglary and Theft
Prevention Authority Division of the Texas Department of Vehicles.
(e) A rule adopted by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation, the Texas Transportation Commission, or the
director of the Texas Department of Transportation in connection
with or relating to the Automobile Burglary and Theft Prevention
Authority Office of that department continues in effect until it is
amended or repealed by the board of the Texas Department of Vehicles
or the Automobile Burglary and Theft Prevention Authority Division
of the Texas Department of Vehicles, as applicable.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Automobile Burglary and Theft
Prevention Authority Office of that department for the state fiscal
biennium ending August 31, 2009, is transferred and reappropriated
to the Texas Department of Vehicles for the purpose of implementing
the powers, duties, obligations, and rights of action transferred
to that department under Subsection (a) of this section.
ARTICLE 5. APPOINTMENT OF BOARD
SECTION 5.01. Not later than October 1, 2009, the governor
shall appoint the members of the board of the Texas Department of
Vehicles in accordance with Subchapter B, Chapter 1001,
Transportation Code, as added by this Act.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect September 1, 2009.