Texas 2009 - 81st Regular

Texas Senate Bill SB1019 Compare Versions

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

Old	New	Differences
1	1	81R1848 JD/ACP/JTS/MTB/SLB-D
2	2	By: Hegar S.B. No. 1019
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Department
8	8	of Transportation, including the transfer of certain functions to
9	9	the Texas Department of Motor Vehicles; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. ABOLITION OF TEXAS TRANSPORTATION COMMISSION
12	12	SECTION 1.01. Section 201.003, Transportation Code, is
13	13	amended to read as follows:
14	14	Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
15	15	reference in law to the State Highway Department, Texas Highway
16	16	Department, or State Department of Highways and Public
17	17	Transportation means the Texas Department of Transportation.
18	18	(b) A reference in law to the State Highway Commission, [or]
19	19	State Highway and Public Transportation Commission, or Texas
20	20	Transportation Commission means the commissioner of transportation
21	21	[Texas Transportation Commission].
22	22	(c) A reference in law to the State Highway Engineer, the
23	23	[or] State Engineer-Director for Highways and Public
24	24	Transportation, or [means] the director of the Texas Department of
25	25	Transportation means the commissioner of transportation.
26	26	(d) [A reference in law to the commissioner of
27	27	transportation means the chair of the commission.
28	28	[(e)] A [reference in] law that authorizes the Texas
29	29	Transportation Commission to authorize the director of the Texas
30	30	Department of Transportation to take an action shall be construed
31	31	to authorize the commissioner of transportation to take that action
32	32	[to a member of the commission means a commissioner].
33	33	SECTION 1.02. Subchapter B, Chapter 201, Transportation
34	34	Code, is amended to read as follows:
35	35	SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
36	36	Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
37	37	commissioner is appointed by the governor with the advice and
38	38	consent of the senate for a term of two years that expires February
39	39	1 of each odd-numbered year. [Texas Transportation Commission
40	40	consists of five members appointed by the governor with the advice
41	41	and consent of the senate.]
42	42	(b) To be eligible for appointment as commissioner, or
43	43	appointment to fill a vacancy in the office of commissioner, a
44	44	person:
45	45	(1) must:
46	46	(A) be experienced and skilled in transportation
47	47	planning, development, financing, construction, and maintenance;
48	48	or
49	49	(B) have appropriate finance or management
50	50	experience; and
51	51	(2) may not have served as a member of the legislature
52	52	of this state during the preceding 10 years. [The members shall be
53	53	appointed to reflect the diverse geographic regions and population
54	54	groups of this state. One member must reside in a rural area.]
55	55	(c) A [Each member of the commission must represent the
56	56	general public.
57	57	[(d) Except as provided by Subsection (e), a] person is not
58	58	eligible for appointment as commissioner [a member of the
59	59	commission] if the person or the person's spouse:
60	60	(1) is employed by or participates in the management
61	61	of a business entity or other organization that is regulated by or
62	62	receives funds from the department;
63	63	(2) directly or indirectly owns or controls more than
64	64	10 percent interest in a business entity or other organization that
65	65	is regulated by or receives funds from the department;
66	66	(3) uses or receives a substantial amount of tangible
67	67	goods, services, or funds from the department, other than
68	68	compensation or reimbursement authorized by law for [commission
69	69	membership, attendance, or] expenses; or
70	70	(4) is registered, certified, or licensed by the
71	71	department.
72	72	(d) [(f)] An officer, employee, or paid consultant of a
73	73	Texas trade association in the field of road construction or
74	74	maintenance, aviation, or outdoor advertising or a Texas trade
75	75	association of automobile dealers is not eligible for appointment
76	76	as commissioner [may not be a member of the commission].
77	77	(e) [(g)] The spouse of an officer, manager, or paid
78	78	consultant of a Texas trade association in the field of road
79	79	construction or maintenance, aviation, or outdoor advertising or a
80	80	Texas association of automobile dealers is not eligible for
81	81	appointment as commissioner [may not be a member of the
82	82	commission].
83	83	(f) [(h)] A person required to register as a lobbyist under
84	84	Chapter 305, Government Code, because of the person's activities
85	85	for compensation on behalf of a profession related to the operation
86	86	of the department is not eligible for appointment as commissioner
87	87	[may not serve as a member of the commission].
88	88	(g) The appointment of the commissioner [(i) Appointments
89	89	to the commission] shall be made without regard to race, color,
90	90	disability, sex, religion, age, or national origin of the appointee
91	91	[appointees and shall reflect the diversity of the population of
92	92	the state as a whole].
93	93	(h) [(j)] In this section, "Texas trade association" means a
94	94	[nonprofit,] cooperative[,] and voluntarily joined statewide
95	95	association of business or professional competitors in this state
96	96	designed to assist its members and its industry or profession in
97	97	dealing with mutual business or professional problems and in
98	98	promoting their common interest.
99	99	(i) The commissioner is a successor to the Texas
100	100	Transportation Commission for all purposes, including for the
101	101	purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
102	102	Texas Constitution.
103	103	Sec. 201.052. CERTAIN DUTIES. [TERMS. Members of the
104	104	commission serve staggered six-year terms, with the terms of either
105	105	one or two members expiring February 1 of each odd-numbered year.
106	106	[Sec. 201.053. CHAIR OF THE COMMISSION. (a) The governor
107	107	periodically shall designate one commissioner as the chair of the
108	108	commission, who shall serve as presiding officer of the commission.
109	109	[(b)] The commissioner [chair] shall:
110	110	(1) [preside over commission meetings, make rulings on
111	111	motions and points of order, and determine the order of business;
112	112	[(2)] represent the department in dealing with the
113	113	governor;
114	114	(2) [(3)] report to the governor on the state of
115	115	affairs of the department at least quarterly;
116	116	(3) [(4) report to the commission the governor's
117	117	suggestions for department operations;
118	118	[(5)] report to the governor on efforts, including
119	119	legislative requirements, to maximize the efficiency of department
120	120	operations through the use of private enterprise;
121	121	(4) [(6)] periodically review the department's
122	122	organizational structure and submit recommendations for structural
123	123	changes to the governor[, the commission,] and the Legislative
124	124	Budget Board;
125	125	(5) [(7)] designate one or more employees of the
126	126	department as a civil rights division of the department and receive
127	127	regular reports from the division on the department's efforts to
128	128	comply with civil rights legislation and administrative rules;
129	129	(6) [(8) create subcommittees, appoint commissioners
130	130	to subcommittees, and receive the reports of subcommittees to the
131	131	commission as a whole;
132	132	[(9)] appoint a deputy commissioner to act in the
133	133	commissioner's [chair's] absence; and
134	134	(7) [(10)] serve as the departmental liaison with the
135	135	governor and the Office of State-Federal Relations to maximize
136	136	federal funding for transportation.
137	137	[Sec. 201.054. COMMISSION MEETINGS. The commission shall
138	138	hold regular meetings at least once a month and special meetings at
139	139	the call of the chair. Commissioners shall attend the meetings of
140	140	the commission. The chair shall oversee the preparation of an
141	141	agenda for each meeting and ensure that a copy is provided to each
142	142	commissioner at least seven days before the meeting.
143	143	[Sec. 201.0545. RECOMMENDATIONS TO LEGISLATURE. (a) The
144	144	commission shall consider ways in which the department's operations
145	145	may be improved and may periodically report to the legislature
146	146	concerning potential statutory changes that would improve the
147	147	operation of the department.
148	148	[(b) On behalf of the commission, the chair shall report to
149	149	the governor, the lieutenant governor, the speaker of the house of
150	150	representatives, and the presiding officers of relevant
151	151	legislative committees on legislative recommendations adopted by
152	152	the commission and relating to the operation of the department.]
153	153	Sec. 201.053 [201.056]. COMPENSATION. The commissioner [A
154	154	member of the commission] is entitled to compensation as provided
155	155	by the General Appropriations Act. [If compensation for members is
156	156	not provided by that Act, each member is entitled to reimbursement
157	157	for actual and necessary expenses incurred in performing functions
158	158	as a member of the commission.]
159	159	Sec. 201.054 [201.057]. GROUNDS FOR REMOVAL. (a) It is a
160	160	ground for removal [from the commission] if the [a] commissioner:
161	161	(1) does not have at the time of taking office
162	162	[appointment] or maintain during service as commissioner [on the
163	163	commission] the qualifications required by Section 201.051;
164	164	(2) violates a prohibition provided by Section 201.051
165	165	or 201.401; or
166	166	(3) cannot discharge the commissioner's duties for a
167	167	substantial part of the term for which the commissioner is
168	168	appointed because of illness or disability[; or
169	169	[(4) is absent from more than half of the regularly
170	170	scheduled commission meetings that the commissioner is eligible to
171	171	attend during a calendar year, unless the absence is excused by
172	172	majority vote of the commission].
173	173	(b) The validity of an action of the commissioner or
174	174	department [commission] is not affected by the fact that it is taken
175	175	when a ground for removal of the [a] commissioner exists.
176	176	[(c) If the director knows that a potential ground for
177	177	removal exists, the director shall notify the chair of the
178	178	commission of the ground, and the chair shall notify the governor
179	179	and the attorney general that a potential ground for removal
180	180	exists. If the potential ground for removal relates to the chair,
181	181	the director shall notify another commissioner, who shall notify
182	182	the governor and the attorney general that a potential ground for
183	183	removal exists.]
184	184	Sec. 201.055 [201.058]. INFORMATION ON QUALIFICATIONS AND
185	185	CONDUCT. The department shall provide to the commissioner [members
186	186	of the commission], as often as necessary, information concerning
187	187	the commissioner's [members'] qualifications for office and the
188	188	commissioner's [under Subchapter B and their] responsibilities
189	189	under applicable laws relating to standards of conduct for state
190	190	officers.
191	191	Sec. 201.056 [201.059]. TRAINING ON DEPARTMENT AND CERTAIN
192	192	LAWS RELATING TO DEPARTMENT. (a) To be eligible to take office as
193	193	commissioner [a member of the commission], a person appointed as
194	194	commissioner [to the commission] must complete at least one course
195	195	of a training program that complies with this section.
196	196	(b) The training program must provide information to the
197	197	person regarding:
198	198	(1) this subchapter;
199	199	(2) the programs operated by the department;
200	200	(3) the role and functions of the department;
201	201	(4) the rules of the department, with an emphasis on
202	202	the rules that relate to disciplinary and investigatory authority;
203	203	(5) the current budget for the department;
204	204	(6) the results of the most recent formal audit of the
205	205	department;
206	206	(7) the requirements of the:
207	207	(A) open meetings law, Chapter 551, Government
208	208	Code;
209	209	(B) open records law, Chapter 552, Government
210	210	Code; and
211	211	(C) administrative procedure law, Chapter 2001,
212	212	Government Code;
213	213	(8) the requirements of the conflict of interest laws
214	214	and other laws relating to public officials; and
215	215	(9) any applicable ethics policies adopted by the
216	216	department [commission] or the Texas Ethics Commission.
217	217	[(c) A person appointed to the commission is entitled to
218	218	reimbursement for travel expenses incurred in attending the
219	219	training program, as provided by the General Appropriations Act and
220	220	as if the person were a member of the commission.]
221	221	SECTION 1.03. The heading to Subchapter C, Chapter 201,
222	222	Transportation Code, is amended to read as follows:
223	223	SUBCHAPTER C. COMMISSIONER'S [COMMISSION'S] POWERS AND DUTIES
224	224	SECTION 1.04. Sections 201.101, 201.102, and 201.103,
225	225	Transportation Code, are amended to read as follows:
226	226	Sec. 201.101. RULES; RECORDS. The commissioner
227	227	[commission] shall:
228	228	(1) adopt rules for the operation of the department;
229	229	(2) maintain a record of all proceedings and official
230	230	orders; and
231	231	(3) keep on file copies of all road plans,
232	232	specifications, and estimates prepared by the department or under
233	233	its direction.
234	234	Sec. 201.102. SEPARATION OF RESPONSIBILITIES. The
235	235	commissioner [commission] shall develop and implement policies
236	236	that clearly define [separate] the respective [policy-making]
237	237	responsibilities of the commissioner [commission] and the
238	238	[management responsibilities of the director and] staff of the
239	239	department.
240	240	Sec. 201.103. COMPREHENSIVE SYSTEM OF HIGHWAYS AND ROADS.
241	241	(a) The commissioner [commission] shall plan and make policies for
242	242	the location, construction, and maintenance of a comprehensive
243	243	system of state highways and public roads.
244	244	(b) The commissioner [commission] shall designate as part
245	245	of the state highway system a highway that the commissioner [it]
246	246	determines is necessary for the proper development and operation of
247	247	the system. The commissioner [commission] may remove a segment of
248	248	the state highway system that the commissioner [it] determines is
249	249	not needed for the system. In planning and making policies, the
250	250	commissioner [commission] shall consider, for incorporation into
251	251	the state highway system, turnpikes that other governmental or
252	252	private entities are authorized to construct.
253	253	(c) The commissioner [commission] biennially shall submit a
254	254	report of the commissioner's [its] work to the governor and the
255	255	legislature. The report must include the recommendations of the
256	256	commissioner [commission and of the director].
257	257	(d) The commissioner [director, under the direction and
258	258	with the approval of the commission,] shall prepare a comprehensive
259	259	plan providing a system of state highways.
260	260	SECTION 1.05. Sections 201.104(a) and (b), Transportation
261	261	Code, are amended to read as follows:
262	262	(a) The commissioner [commission] may designate any county
263	263	road as a farm-to-market road for the purposes of construction,
264	264	reconstruction, and maintenance only, if the commissioners court of
265	265	the county in which the county road is located by order entered in
266	266	its minutes waives any rights the county may have for state
267	267	participation in any indebtedness incurred by the county in the
268	268	construction of the road.
269	269	(b) The commissioner [commission] and the county
270	270	commissioners court by contract may set forth the duties of the
271	271	state in the construction, reconstruction, and maintenance of the
272	272	county road in consideration for the county's, road district's, or
273	273	defined road district's relinquishing all claims for state
274	274	participation in any outstanding county or road district bond,
275	275	warrant, or other evidence of indebtedness that is for the
276	276	construction or improvement of the road and that was created before
277	277	the road was designated by the commissioner [commission].
278	278	SECTION 1.06. Sections 201.105(a), (b), (d), (e), and (g),
279	279	Transportation Code, are amended to read as follows:
280	280	(a) The commissioner [commission] shall divide the state
281	281	into not more than 25 districts for the purpose of the performance
282	282	of the department's duties.
283	283	(b) In determining a district's boundaries, the
284	284	commissioner [commission] shall consider all costs and benefits,
285	285	including highway activity in and the number of employees required
286	286	for the proposed district.
287	287	(d) The commissioner [commission] shall determine the
288	288	number of department offices necessary for maintenance and
289	289	construction personnel in a district.
290	290	(e) The commissioner [commission] periodically shall review
291	291	the necessity for the number of maintenance, construction, and
292	292	support operations in each district. The commissioner [commission]
293	293	shall include the findings of the commissioner's [its] review as a
294	294	part of the department's budget request submitted to the
295	295	Legislative Budget Board.
296	296	(g) The commissioner [commission] may require by rule that
297	297	any product or material that is approved for use in any one district
298	298	may be approved for use by any other district.
299	299	SECTION 1.07. Sections 201.1055(c) and (d), Transportation
300	300	Code, are amended to read as follows:
301	301	(c) Notwithstanding Section 202.024, the commissioner
302	302	[commission] may [authorize the executive director to] execute a
303	303	deed exchanging department-owned real property under Subsection
304	304	(a)(2).
305	305	(d) The commissioner [commission] shall notify the Bond
306	306	Review Board and Texas Public Finance Authority of the proposed
307	307	transaction not less than 45 days before the date the commissioner
308	308	[commission] signs an agreement under this section providing for
309	309	the exchange of department-owned real property under Subsection
310	310	(a)(2).
311	311	SECTION 1.08. Sections 201.107, 201.108, 201.109, 201.110,
312	312	and 201.111, Transportation Code, are amended to read as follows:
313	313	Sec. 201.107. FINANCIAL REPORTS OF THE DEPARTMENT. (a) The
314	314	commissioner [commission] shall prepare a quarterly statement
315	315	containing an itemized list of all money received by the department
316	316	and the source of the money and of all money paid by the department
317	317	and the purpose of the payment. The statement shall be filed in the
318	318	records of the department, and a copy shall be sent to the governor.
319	319	(b) The commissioner [commission] shall file annually with
320	320	the governor and the presiding officer of each house of the
321	321	legislature a complete and detailed written report accounting for
322	322	all funds received and disbursed by the department during the
323	323	preceding fiscal year. The report must comply with each reporting
324	324	requirement applicable to financial reporting provided by the
325	325	General Appropriations Act.
326	326	Sec. 201.108. INTERNAL AUDITOR. (a) The commissioner
327	327	[commission] shall appoint an internal auditor for the department.
328	328	(b) The auditor shall report directly to the commissioner
329	329	[commission] on the conduct of department affairs.
330	330	Sec. 201.109. REVENUE ENHANCEMENT. (a) The commissioner
331	331	[commission] shall:
332	332	(1) enhance existing sources of revenue; and
333	333	(2) create alternate sources of revenue.
334	334	(b) In carrying out this section, the commissioner
335	335	[commission] shall provide for:
336	336	(1) maximizing the generation of revenue from existing
337	337	assets of the department, including real estate;
338	338	(2) increasing the role of the private sector and
339	339	public-private projects in the leasing of real estate and other
340	340	assets in the development of highway projects;
341	341	(3) setting and attempting to meet annual revenue
342	342	enhancement goals;
343	343	(4) reporting on the progress in meeting revenue
344	344	enhancement goals in the department's annual report;
345	345	(5) contracting for an independent audit of the
346	346	department's management and business operations in 2007 and each
347	347	12th year after 2007;
348	348	(6) developing a cost-benefit analysis between the use
349	349	of local materials previously incorporated into roadways versus use
350	350	of materials blended or transported from other sources; and
351	351	(7) increasing private investment in the
352	352	transportation infrastructure, including the acquisition of
353	353	causeways, bridges, tunnels, turnpikes, or other transportation
354	354	facilities, in the border region, including the counties of
355	355	Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett,
356	356	Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo,
357	357	Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble,
358	358	Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina,
359	359	Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton,
360	360	Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
361	361	Sec. 201.110. CONTRACT WITH ADJOINING STATE FOR IMPROVEMENT
362	362	OF ROAD CROSSING STATES' BOUNDARY. (a) The commissioner
363	363	[commission], by the authority of the governor, may contract with
364	364	an adjoining state to:
365	365	(1) provide for the improvement of a public road or
366	366	highway that crosses the states' boundary; and
367	367	(2) establish respective responsibilities for the
368	368	improvement.
369	369	(b) In a contract for an improvement of the state highway
370	370	system that is subject to a contract under Subsection (a), the
371	371	commissioner [commission] may provide for the improvement of a
372	372	segment of a public road or highway located in the adjoining state
373	373	if:
374	374	(1) the improvement of that segment is necessary for
375	375	the health, safety, and welfare of the people of this state and for
376	376	the effective improvement and operation of the state highway
377	377	system;
378	378	(2) that segment is an extension or continuation of a
379	379	segment of the state highway system;
380	380	(3) the contract under Subsection (a) is authorized
381	381	and executed under the law of the adjoining state; and
382	382	(4) all costs associated with the improvement of that
383	383	segment are the responsibility of the adjoining state.
384	384	(c) In this section, "improvement" includes construction,
385	385	reconstruction, and maintenance.
386	386	Sec. 201.111. RECOMMENDATION OF ENGINEER; DETERMINATION OF
387	387	FITNESS. (a) On formal application by a county, road district of a
388	388	county, or municipality, the commissioner [commission] may
389	389	recommend for appointment a competent civil engineer who is a
390	390	graduate of a first-class school of civil engineering and who is
391	391	skilled in highway construction and maintenance.
392	392	(b) The commissioner [commission] shall adopt rules
393	393	necessary to determine the qualifications of engineers who apply
394	394	for highway construction work.
395	395	SECTION 1.09. Section 201.112(a), Transportation Code, is
396	396	amended to read as follows:
397	397	(a) The commissioner [commission] may by rule establish
398	398	procedures for the informal resolution of a claim arising out of a
399	399	contract described by:
400	400	(1) Section 22.018;
401	401	(2) Chapter 223;
402	402	(3) Chapter 361;
403	403	(4) Section 391.091; or
404	404	(5) Chapter 2254, Government Code.
405	405	SECTION 1.10. Section 201.113(a), Transportation Code, is
406	406	amended to read as follows:
407	407	(a) Notwithstanding Sections 221.003 and 224.031, the
408	408	commissioner [commission] and a regional tollway authority
409	409	governed by Chapter 366 may enter into an agreement for the
410	410	improvement by a regional tollway authority of portions of the
411	411	state highway system.
412	412	SECTION 1.11. Sections 201.114(b), (c), and (d),
413	413	Transportation Code, are amended to read as follows:
414	414	(b) The coordinator shall serve on the Border Trade Advisory
415	415	Committee as presiding officer. The commissioner [commission]
416	416	shall appoint the other members of the committee, which to the
417	417	extent practicable must include:
418	418	(1) the presiding officers, or persons designated by
419	419	the presiding officers, of the policy boards of metropolitan
420	420	planning organizations wholly or partly in the department's Pharr,
421	421	Laredo, Odessa, or El Paso transportation district;
422	422	(2) the person serving, or a person designated by the
423	423	person serving, in the capacity of executive director of each
424	424	entity governing a port of entry in this state; and
425	425	(3) a representative each from at least two institutes
426	426	or centers operated by a university in this state that conduct
427	427	continuing research on transportation or trade issues.
428	428	(c) The commissioner [commission] shall establish the
429	429	Border Trade Advisory Committee to define and develop a strategy
430	430	and make recommendations to the commissioner [commission] and
431	431	governor for addressing the highest priority border trade
432	432	transportation challenges. In determining action to be taken on
433	433	the recommendations, the commissioner [commission] shall consider
434	434	the importance of trade with the United Mexican States, potential
435	435	sources of infrastructure funding at border ports, and the value of
436	436	trade activity in the department's districts adjacent to the border
437	437	with the United Mexican States.
438	438	(d) The commissioner [commission] may adopt rules governing
439	439	the Border Trade Advisory Committee.
440	440	SECTION 1.12. Sections 201.115(a) and (b), Transportation
441	441	Code, are amended to read as follows:
442	442	(a) The commissioner [commission] may authorize the
443	443	department to borrow money from any source to carry out the
444	444	functions of the department.
445	445	(b) A loan under this section may be in the form of an
446	446	agreement, note, contract, or other form as determined by the
447	447	commissioner [commission] and may contain any provisions the
448	448	commissioner [commission] considers appropriate, except:
449	449	(1) the term of the loan may not exceed two years;
450	450	(2) the amount of the loan, combined with any amounts
451	451	outstanding on other loans under this section, may not exceed an
452	452	amount that is two times the average monthly revenue deposited to
453	453	the state highway fund for the 12 months preceding the month of the
454	454	loan; and
455	455	(3) the loan may not create general obligation of the
456	456	state and is payable only as authorized by legislative
457	457	appropriation.
458	458	SECTION 1.13. Sections 201.116(b) and (d), Transportation
459	459	Code, are amended to read as follows:
460	460	(b) To assist the secretary of state in preparing the report
461	461	required under Section 405.021, Government Code, the commissioner
462	462	[commission] on a quarterly basis shall provide a report to the
463	463	secretary of state detailing any projects funded by the department
464	464	that serve colonias by providing paved roads or other assistance.
465	465	(d) The commissioner [commission] shall require an
466	466	applicant for funds administered by the commissioner [commission]
467	467	to submit to the commissioner [commission] a colonia classification
468	468	number, if one exists, for each colonia that may be served by the
469	469	project proposed in the application. If a colonia does not have a
470	470	classification number, the commissioner [commission] may contact
471	471	the secretary of state or the secretary of state's representative
472	472	to obtain the classification number. On request of the
473	473	commissioner [commission], the secretary of state or the secretary
474	474	of state's representative shall assign a classification number to
475	475	the colonia.
476	476	SECTION 1.14. Sections 201.201 and 201.202, Transportation
477	477	Code, are amended to read as follows:
478	478	Sec. 201.201. GOVERNANCE OF DEPARTMENT. The commissioner
479	479	[commission] governs the Texas Department of Transportation.
480	480	Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
481	481	commissioner [commission] shall organize the department into
482	482	divisions to accomplish the department's functions and the duties
483	483	assigned to it, including divisions for:
484	484	(1) aviation;
485	485	(2) highways and roads;
486	486	(3) public transportation; and
487	487	(4) rail transportation [motor vehicle titles and
488	488	registration].
489	489	(b) The person designated by the commissioner [director] to
490	490	supervise the division responsible for highways and roads must be a
491	491	registered professional engineer experienced and skilled in
492	492	highway construction and maintenance.
493	493	(c) A [In appointing a] person designated by the
494	494	commissioner as the department's chief financial officer must
495	495	report directly to the commissioner [to supervise a function
496	496	previously performed by the former State Department of Highways and
497	497	Public Transportation, Texas Department of Aviation, or Texas
498	498	Turnpike Authority, preference shall be given to a person employed
499	499	in a similar position in that former agency].
500	500	SECTION 1.15. Section 201.204, Transportation Code, is
501	501	amended to read as follows:
502	502	Sec. 201.204. SUNSET PROVISION. The Texas Department of
503	503	Transportation is subject to Chapter 325, Government Code (Texas
504	504	Sunset Act). Unless continued in existence as provided by that
505	505	chapter, the department is abolished September 1, 2013 [2009].
506	506	SECTION 1.16. Subchapter D, Chapter 201, Transportation
507	507	Code, is amended by adding Sections 201.210, 201.211, 201.212, and
508	508	201.213 to read as follows:
509	509	Sec. 201.210. COMPLIANCE CERTIFICATION. (a) Not later
510	510	than September 1 of each year, the commissioner and the
511	511	department's chief financial officer shall each certify in writing
512	512	that the commissioner or the officer, as applicable:
513	513	(1) is responsible for establishing and maintaining
514	514	the department's internal controls;
515	515	(2) has evaluated the effectiveness of the
516	516	department's internal controls;
517	517	(3) has presented conclusions about the effectiveness
518	518	of the department's internal controls and applicable reporting
519	519	requirements; and
520	520	(4) has effectively complied with all applicable
521	521	legislative mandates.
522	522	(b) The commissioner and the department's chief financial
523	523	officer shall submit the certifications required by Subsection (a)
524	524	to the governor, the lieutenant governor, the speaker of the house
525	525	of representatives, the chair of the standing committee of each
526	526	house of the legislature with primary jurisdiction over
527	527	transportation matters, and the Transportation Legislative
528	528	Oversight Committee created under Chapter 205.
529	529	(c) The Transportation Legislative Oversight Committee
530	530	shall recommend to the 82nd Legislature appropriate penalties for
531	531	failure to submit the certifications required by Subsection (a).
532	532	Sec. 201.211. LEGISLATIVE LOBBYING. (a) In addition to
533	533	Section 556.006, Government Code, the commissioner or a department
534	534	employee may not use money under the department's control or engage
535	535	in an activity to influence the passage or defeat of legislation.
536	536	(b) Violation of Subsection (a) is grounds for dismissal of
537	537	an employee.
538	538	(c) This section does not prohibit the commissioner or
539	539	department employee from using state resources to:
540	540	(1) provide public information or information
541	541	responsive to a request; or
542	542	(2) communicate with officers and employees of the
543	543	federal government in pursuit of federal appropriations.
544	544	Sec. 201.212. ETHICS AFFIRMATION AND HOTLINE. (a) A
545	545	department employee shall annually affirm the employee's adherence
546	546	to the ethics policy adopted under Section 572.051(c), Government
547	547	Code.
548	548	(b) The department shall establish and operate a telephone
549	549	line to be known as the Ethics Hotline that enables a person to call
550	550	the hotline number, anonymously or not anonymously, to report an
551	551	alleged violation of the ethics policy adopted under Section
552	552	572.051(c), Government Code.
553	553	Sec. 201.213. LEGISLATIVE APPROPRIATIONS REQUEST.
554	554	Department staff shall deliver the department's legislative
555	555	appropriations request to the commissioner in an open meeting not
556	556	later than the 30th day before the commissioner adopts the
557	557	legislative appropriations request for submission to the
558	558	Legislative Budget Board.
559	559	SECTION 1.17. Subchapter E, Chapter 201, Transportation
560	560	Code, is amended to read as follows:
561	561	SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
562	562	Sec. 201.301. [EXECUTIVE DIRECTOR. (a) The commission
563	563	shall elect an executive director for the department. The director
564	564	must be a registered professional engineer in this state and
565	565	experienced and skilled in transportation planning, development,
566	566	construction, and maintenance.
567	567	[(b) The director serves at the will of the commission.
568	568	[(d) The director shall:
569	569	[(1) serve the commission in an advisory capacity,
570	570	without vote; and
571	571	[(2) submit to the commission, quarterly, annually,
572	572	and biennially, detailed reports of the progress of public road
573	573	construction, detailed reports of public and mass transportation
574	574	development, and detailed statements of expenditures.
575	575	[(e) The director is entitled to actual expenses for and
576	576	related to travel away from Austin in performance of the director's
577	577	duties under the direction of the commission.
578	578	[Sec. 201.302.] STATE ROAD MAP. The commissioner
579	579	[director] shall make, regularly revise, and keep in a form
580	580	convenient for examination in the office of the department a
581	581	complete road map of the state that shows road construction in the
582	582	counties.
583	583	Sec. 201.302 [201.303]. USE OF UNIVERSITY LABORATORIES FOR
584	584	ANALYZING MATERIALS. The commissioner [director] may use
585	585	laboratories maintained at Texas A&M University and The University
586	586	of Texas to test and analyze road and bridge material. Persons in
587	587	charge of the laboratories shall cooperate with and assist the
588	588	commissioner [director] with those tests and analyses.
589	589	SECTION 1.18. Section 201.404(b), Transportation Code, is
590	590	amended to read as follows:
591	591	(b) The commissioner [director] or the commissioner's
592	592	[director's] designee shall develop a system of annual performance
593	593	evaluations that are based on documented employee performance. All
594	594	merit pay for department employees must be based on the system
595	595	established under this subsection. If an annual performance
596	596	evaluation indicates that an employee's performance is
597	597	unsatisfactory, the commissioner shall consider whether the
598	598	employee should be terminated. The annual performance evaluations
599	599	developed under this subsection must include the evaluation of an
600	600	employee's:
601	601	(1) professionalism;
602	602	(2) diligence; and
603	603	(3) responsiveness to directives and requests from the
604	604	commissioner and the legislature.
605	605	SECTION 1.19. (a) Subtitle A, Title 6, Transportation
606	606	Code, is amended by adding Chapter 205 to read as follows:
607	607	CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
608	608	Sec. 205.001. DEFINITION. In this chapter, "committee"
609	609	means the Transportation Legislative Oversight Committee.
610	610	Sec. 205.002. ESTABLISHMENT; COMPOSITION. (a) The
611	611	Transportation Legislative Oversight Committee is established to
612	612	provide objective research, analysis, and recommendations on the
613	613	operation and needs of the state transportation system.
614	614	(b) The committee is composed of six members as follows:
615	615	(1) the chair of the Senate Committee on
616	616	Transportation and Homeland Security;
617	617	(2) the chair of the House Committee on
618	618	Transportation;
619	619	(3) two members of the senate appointed by the
620	620	lieutenant governor; and
621	621	(4) two members of the house of representatives
622	622	appointed by the speaker of the house of representatives.
623	623	(c) An appointed member of the committee serves at the
624	624	pleasure of the appointing official.
625	625	Sec. 205.003. PRESIDING OFFICER; TERM. (a) The lieutenant
626	626	governor and the speaker of the house of representatives shall
627	627	appoint the presiding officer of the committee on an alternating
628	628	basis.
629	629	(b) The presiding officer of the committee serves a two-year
630	630	term that expires February 1 of each odd-numbered year.
631	631	Sec. 205.004. POWERS AND DUTIES. (a) The committee shall:
632	632	(1) monitor the department's planning, programming,
633	633	and funding of the state transportation system;
634	634	(2) conduct an in-depth analysis of the state
635	635	transportation system that includes:
636	636	(A) an assessment of the cost-effectiveness of
637	637	the use of state, local, and private funds in the transportation
638	638	system;
639	639	(B) an identification of critical problems in the
640	640	transportation system, such as funding constraints; and
641	641	(C) a determination of the long-range needs of
642	642	the transportation system;
643	643	(3) recommend to the legislature:
644	644	(A) strategies to solve the problems identified
645	645	under Subdivision (2)(B); and
646	646	(B) policy priorities to address the long-range
647	647	needs determined under Subdivision (2)(C); and
648	648	(4) advise and assist the legislature in developing
649	649	plans, programs, and proposed legislation to improve the
650	650	effectiveness of the state transportation system.
651	651	(b) The committee has all other powers and duties provided
652	652	to a special committee by:
653	653	(1) Subchapter B, Chapter 301, Government Code;
654	654	(2) the rules of the senate and the house of
655	655	representatives; and
656	656	(3) policies of the senate and house committees on
657	657	administration.
658	658	Sec. 205.005. REVIEW OF RESEARCH PROGRAM. (a) The
659	659	department shall present the department's entire research program
660	660	to the committee for review and comment before adopting or
661	661	implementing the program.
662	662	(b) The committee shall review and comment on the
663	663	department's research program, including each of the individual
664	664	research projects and activities. The review of a proposed
665	665	research project must take into consideration the purpose of the
666	666	project, the proposed start and ending dates for the project, and
667	667	the cost of the project.
668	668	(c) The department shall provide to the committee quarterly
669	669	updates and an annual summary on the progress of the department's
670	670	research projects and activities.
671	671	(d) The committee may request the results of any of the
672	672	department's research projects, including draft reports from the
673	673	department or the contracted entities performing the research.
674	674	(e) A university transportation research program in this
675	675	state may:
676	676	(1) perform transportation research projects
677	677	requested by the committee; and
678	678	(2) initiate and propose transportation research
679	679	projects to the committee.
680	680	(f) The committee may request assistance from a university
681	681	transportation research program in this state in conducting
682	682	transportation research and in reviewing, evaluating, and
683	683	comparing elements of the state transportation system to the
684	684	transportation systems in other states to set needed benchmarks.
685	685	Sec. 205.006. CONTRACT WITH CONSULTING FIRM. (a) The
686	686	committee may contract with an outside management consulting firm
687	687	that is independent of the department to make recommendations
688	688	regarding an effective and efficient organizational structure for
689	689	the department, such as recommending appropriate performance
690	690	measurements and staffing levels for each major function of the
691	691	department including comparisons to best practices, after review
692	692	and analysis under Section 205.007.
693	693	(b) In performing its functions, the consulting firm shall
694	694	coordinate with the Legislative Budget Board, the State Auditor's
695	695	Office, and the department to minimize the duplication of efforts
696	696	and to perform cost effectively and in a timely manner.
697	697	(c) The committee shall:
698	698	(1) oversee the implementation of the recommendations
699	699	under this section with the goal of making the department more
700	700	efficient, transparent, and accountable, including through
701	701	reducing staff and streamlining processes; and
702	702	(2) assess the department's progress in implementing
703	703	the recommendations under this section and report on the progress
704	704	to the Senate Finance Committee and House Appropriations Committee
705	705	for consideration in establishing the department's budget as part
706	706	of the appropriations process.
707	707	Sec. 205.007. FUNCTIONS OF CONSULTING FIRM. The primary
708	708	functions of a management consulting firm the committee contracts
709	709	with under Section 205.006 include:
710	710	(1) evaluating the department's financial condition
711	711	and business practices;
712	712	(2) evaluating the department's administrative
713	713	practices and performance, including statewide transportation
714	714	planning, the department's relationship with metropolitan planning
715	715	organizations, as defined by Section 472.031, the performance of
716	716	the department's district and central offices, and the need for
717	717	standardization of the department's operations across the state;
718	718	(3) evaluating the current guidelines of metropolitan
719	719	planning organizations and all other transportation entities
720	720	within the state involved with project delivery or transportation
721	721	policy by identifying duplicative practices and providing
722	722	recommendations for better efficiency and transparency;
723	723	(4) identifying ways to streamline all processes and
724	724	procedures of policy implementations of the department, including
725	725	the environmental process;
726	726	(5) examining and evaluating the use and benefits of
727	727	performance-based maintenance contracting by the department;
728	728	(6) examining and presenting recommendations on how to
729	729	maximize the department's use of multimodal solutions;
730	730	(7) analyzing the department's compliance with
731	731	applicable laws and legislative intent;
732	732	(8) examining the efficient use of the department's
733	733	available funding, personnel, equipment, and office space;
734	734	(9) evaluating the establishment in statute of a state
735	735	pavement quality goal of having 85 percent of state roads in good or
736	736	better condition; and
737	737	(10) considering significantly expanding the use of
738	738	the private sector for planning, design, and delivery of projects
739	739	and a commitment to excellence in project and program management.
740	740	Sec. 205.008. MEETINGS. The committee shall meet at the
741	741	call of the presiding officer.
742	742	Sec. 205.009. STAFF; AUTHORITY TO CONTRACT. The committee
743	743	may hire staff or may contract with universities or other suitable
744	744	entities to assist the committee in carrying out the committee's
745	745	duties. Funding to support the operation of the committee shall be
746	746	provided from funds appropriated to the department.
747	747	Sec. 205.010. REPORT. Not later than January 1 of each
748	748	odd-numbered year, the committee shall submit to the legislature a
749	749	report that contains the recommendations described by Section
750	750	205.004(a)(3).
751	751	(b) The speaker of the house of representatives and the
752	752	lieutenant governor shall appoint members to the Transportation
753	753	Legislative Oversight Committee under Chapter 205, Transportation
754	754	Code, as added by this section, not later than January 1, 2010.
755	755	(c) Notwithstanding Section 205.003, Transportation Code,
756	756	as added by this section, the lieutenant governor, not later than
757	757	January 15, 2010, shall appoint a presiding officer for the
758	758	Transportation Legislative Oversight Committee. The presiding
759	759	officer appointed by the lieutenant governor under this section
760	760	serves a one-year term that begins on February 1, 2010, and ends on
761	761	February 1, 2011.
762	762	(d) On the effective date of this Act:
763	763	(1) all employees of the Texas Department of
764	764	Transportation who primarily perform duties related to the
765	765	department's government and public affairs research section become
766	766	employees of the Transportation Legislative Oversight Committee
767	767	under Chapter 205, Transportation Code, as added by this section;
768	768	and
769	769	(2) all funds appropriated by the legislature to the
770	770	Texas Department of Transportation for purposes related to the
771	771	department's government and public affairs research section are
772	772	transferred to the Transportation Legislative Oversight Committee
773	773	under Chapter 205, Transportation Code, as added by this section.
774	774	SECTION 1.20. (a) The first commissioner of transportation
775	775	appointed under the changes in law made by this article shall be
776	776	appointed to serve for a term that begins January 1, 2011.
777	777	(b) Until the first commissioner of transportation
778	778	appointed under this Act takes office, the members of the Texas
779	779	Transportation Commission and the executive director of the Texas
780	780	Department of Transportation serving on the effective date of this
781	781	Act shall, unless otherwise removed as provided by law, continue in
782	782	office under the prior law that governed the composition of the
783	783	Texas Transportation Commission, and that prior law is continued in
784	784	effect for that purpose. At the time the first commissioner of
785	785	transportation that is appointed under this Act takes office, the
786	786	Texas Transportation Commission is abolished.
787	787	(c) The commissioner of transportation succeeds to all
788	788	powers, duties, rights, and obligations of the Texas Transportation
789	789	Commission, and the abolition of the Texas Transportation
790	790	Commission does not affect the validity of any right, duty,
791	791	decision, rule, or action of any kind taken by or under the
792	792	authority of the commission.
793	793	ARTICLE 2. TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS
794	794	SECTION 2.01. Section 201.601, Transportation Code, is
795	795	amended to read as follows:
796	796	Sec. 201.601. STATEWIDE TRANSPORTATION PLAN. (a) The
797	797	department shall develop a statewide transportation plan covering a
798	798	period of 20 years that contains all modes of transportation,
799	799	including:
800	800	(1) highways and turnpikes;
801	801	(2) aviation;
802	802	(3) mass transportation;
803	803	(4) railroads and high-speed railroads; and
804	804	(5) water traffic.
805	805	(a-1) The plan must:
806	806	(1) contain specific, long-term transportation goals
807	807	for the state and measurable targets for each goal;
808	808	(2) identify priority corridors, projects, or areas of
809	809	the state that are of particular concern to the department in
810	810	meeting the goals established under Subdivision (1); and
811	811	(3) contain a participation plan specifying methods
812	812	for obtaining formal input on the goals and priorities identified
813	813	under this subsection from:
814	814	(A) other state agencies;
815	815	(B) political subdivisions;
816	816	(C) local planning organizations; and
817	817	(D) the general public.
818	818	(b) [In developing the plan, the department shall seek
819	819	opinions and assistance from other state agencies and political
820	820	subdivisions that have responsibility for the modes of
821	821	transportation listed by Subsection (a).] As appropriate, the
822	822	department and the entities listed in Subsection (a-1)(3) [such an
823	823	agency or political subdivision] shall enter into a memorandum of
824	824	understanding relating to the planning of transportation services.
825	825	(c) The plan must include a component that is not
826	826	financially constrained and identifies transportation improvements
827	827	designed to relieve congestion. In developing this component of
828	828	the plan, the department shall seek opinions and assistance from
829	829	officials who have local responsibility for modes of transportation
830	830	listed in Subsection (a).
831	831	(d) [The plan shall include a component, published
832	832	annually, that describes the evaluation of transportation
833	833	improvements based on performance measures, such as indices
834	834	measuring delay reductions or travel time improvements.] The
835	835	department shall consider the goals and measurable targets
836	836	established under Subsection (a-1)(1) [the performance measures]
837	837	in selecting transportation projects [improvements].
838	838	(e) The department annually shall provide to the lieutenant
839	839	governor, the speaker of the house of representatives, and the
840	840	chair of the standing committee of each house of the legislature
841	841	with primary jurisdiction over transportation issues an analysis of
842	842	the department's progress in attaining the goals under Subsection
843	843	(a-1)(1). The department shall make the information under this
844	844	subsection available on its Internet website.
845	845	(f) The department shall update the plan every five years.
846	846	SECTION 2.02. Subchapter H, Chapter 201, Transportation
847	847	Code, is amended by adding Sections 201.6015 and 201.621 to read as
848	848	follows:
849	849	Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In
850	850	developing each of its transportation plans and policy efforts, the
851	851	department must clearly reference the 20-year plan under Section
852	852	201.601 and specify how the plan or policy effort supports or
853	853	otherwise relates to the specific goals under that section.
854	854	Sec. 201.621. COORDINATION WITH METROPOLITAN PLANNING
855	855	ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The
856	856	department shall collaborate with metropolitan planning
857	857	organizations to develop mutually acceptable assumptions for the
858	858	purposes of long-range federal and state funding forecasts and use
859	859	those assumptions to guide long-term planning in the statewide
860	860	transportation plan under Section 201.601.
861	861	SECTION 2.03. Subchapter D, Chapter 472, Transportation
862	862	Code, is amended by adding Section 472.035 to read as follows:
863	863	Sec. 472.035. COORDINATION WITH METROPOLITAN PLANNING
864	864	ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. Each
865	865	metropolitan planning organization shall work with the department
866	866	to develop mutually acceptable assumptions for the purposes of
867	867	long-range federal and state funding forecasts and use those
868	868	assumptions to guide long-term planning in the organization's
869	869	long-range transportation plan.
870	870	SECTION 2.04. (a) Subchapter J, Chapter 201,
871	871	Transportation Code, is amended by adding Sections 201.807,
872	872	201.808, 201.809, and 201.810 to read as follows:
873	873	Sec. 201.807. PROJECT INFORMATION REPORTING SYSTEM. (a)
874	874	The department shall establish a project information reporting
875	875	system that makes available in a central location on the
876	876	department's Internet website easily accessible and searchable
877	877	information regarding all of the department's transportation
878	878	plans, including the unified transportation program required by
879	879	Section 201.992. The project information reporting system shall
880	880	contain information about:
881	881	(1) each department project, including:
882	882	(A) the status of the project;
883	883	(B) each source of funding for the project;
884	884	(C) benchmarks for evaluating the progress of the
885	885	project;
886	886	(D) timelines for completing the project;
887	887	(E) a list of the department employees
888	888	responsible for the project, including information to contact each
889	889	person on that list; and
890	890	(F) the results of the annual review required
891	891	under Subsection (d);
892	892	(2) each construction work zone for a project that has
893	893	a construction phase timeline that exceeds one month or the cost of
894	894	which exceeds $5 million, including information about:
895	895	(A) the number of lanes that will remain open
896	896	during the project's construction phase;
897	897	(B) the location and duration of each lane
898	898	closure; and
899	899	(C) the expected and actual traffic delay
900	900	resulting from each lane closure;
901	901	(3) road maintenance projects, including:
902	902	(A) the criteria for designating a project as a
903	903	road maintenance project; and
904	904	(B) the condition of each road before the road
905	905	maintenance project; and
906	906	(4) the department's funds, including each source for
907	907	the department's funds and each expenditure made by the department
908	908	reported by each:
909	909	(A) department district;
910	910	(B) program funding category as required by
911	911	Section 201.992(b)(2); and
912	912	(C) type of revenue, including revenue from a
913	913	comprehensive development agreement or a toll project.
914	914	(b) In developing the project information reporting system,
915	915	the department shall collaborate with:
916	916	(1) the legislature;
917	917	(2) local transportation entities as defined by
918	918	Section 201.991; and
919	919	(3) members of the public.
920	920	(c) The department shall make the statistical information
921	921	provided under this section available on the department's Internet
922	922	website in more than one downloadable electronic format.
923	923	(d) As a component of the project information reporting
924	924	system required by this section, the department shall conduct an
925	925	annual review of the benchmarks and timelines of each project
926	926	included in the department's transportation plans, including the
927	927	unified transportation program, to determine the completion rates
928	928	of the projects and whether the projects were completed on time.
929	929	(e) The department shall continuously update the
930	930	information contained in the project information reporting system.
931	931	Sec. 201.808. TRANSPORTATION EXPENDITURE PRIORITIES. (a)
932	932	The department shall develop a process to identify and distinguish
933	933	between the transportation projects that are required to maintain
934	934	the state infrastructure and the transportation projects that would
935	935	improve the state infrastructure in a manner consistent with the
936	936	statewide transportation plan required by Section 201.601.
937	937	(b) The department shall establish a transportation
938	938	expenditure reporting system that makes available in a central
939	939	location on the department's Internet website easily accessible and
940	940	searchable information regarding the priorities of transportation
941	941	expenditures for the identified transportation projects.
942	942	(c) The department shall include in the transportation
943	943	expenditure reporting system:
944	944	(1) a list of the most significant transportation
945	945	problems in each department district as described by the statewide
946	946	transportation plan developed under Section 201.601, including the
947	947	component required by Section 201.601(c);
948	948	(2) the evaluation of the effectiveness of
949	949	expenditures by the department required by Section 201.601(d);
950	950	(3) reports prepared by the department or an
951	951	institution of higher education that evaluate the effectiveness of
952	952	the department's expenditures on transportation projects to
953	953	achieve the transportation goal;
954	954	(4) information about the condition of the pavement
955	955	for each highway under the jurisdiction of the department,
956	956	including:
957	957	(A) the international roughness index issued by
958	958	the United States Department of Transportation Federal Highway
959	959	Administration; and
960	960	(B) the percentage of pavement that the
961	961	department determines to be in good or better condition;
962	962	(5) the condition of bridges, including information
963	963	about:
964	964	(A) bridges that are structurally deficient or
965	965	functionally obsolete; and
966	966	(B) bridge deterioration scores;
967	967	(6) information about traffic congestion and traffic
968	968	delays, including:
969	969	(A) the locations of the worst traffic delays;
970	970	(B) the variable travel time for major streets
971	971	and highways in this state; and
972	972	(C) the effect of traffic congestion on motor
973	973	vehicle travel and motor carriers; and
974	974	(7) information about traffic accidents, injuries,
975	975	and fatalities, including a list of the locations in each
976	976	department district for the highest number of traffic accidents,
977	977	injuries, or fatalities.
978	978	(d) The department shall provide the information made
979	979	available under Subsection (c) in a format that allows a person to
980	980	conduct electronic searches for information regarding a specific
981	981	county, highway under the jurisdiction of the department, or class
982	982	of road.
983	983	(e) The department shall establish criteria to prioritize
984	984	the transportation needs for the state that is consistent with the
985	985	statewide transportation plan.
986	986	(f) Each department district shall enter information into
987	987	the transportation expenditure reporting system, including
988	988	information about:
989	989	(1) each district transportation project; and
990	990	(2) the priority category to which the project has
991	991	been assigned according to Section 201.996.
992	992	(g) The transportation expenditure reporting system shall
993	993	allow a person to compare information produced by that system to
994	994	information produced by the project information reporting system.
995	995	Sec. 201.809. STATEWIDE TRANSPORTATION REPORT. (a) The
996	996	department annually shall evaluate and publish a report about the
997	997	status of each transportation goal for this state. The report must
998	998	include:
999	999	(1) information about the progress of each long-term
1000	1000	transportation goal that is identified by the statewide
1001	1001	transportation plan;
1002	1002	(2) the status of each project identified as a major
1003	1003	priority;
1004	1004	(3) a summary of the number of statewide project
1005	1005	implementation benchmarks that have been completed; and
1006	1006	(4) information about the accuracy of previous
1007	1007	department financial forecasts.
1008	1008	(b) The department shall disaggregate the information in
1009	1009	the report by legislative district and by department district.
1010	1010	(c) The department shall provide a copy of the legislative
1011	1011	district report to each member of the legislature, and at the
1012	1012	request of a member, a department employee shall meet with the
1013	1013	member to explain the report.
1014	1014	(d) The department shall provide a copy of each district
1015	1015	report to the political subdivisions located in the department
1016	1016	district that is the subject of the report, including:
1017	1017	(1) a municipality;
1018	1018	(2) a county; and
1019	1019	(3) a local transportation entity as defined by
1020	1020	Section 201.991.
1021	1021	Sec. 201.810. DEPARTMENT INFORMATION CONSOLIDATION. (a)
1022	1022	To the extent practicable and to avoid duplication of reporting
1023	1023	requirements, the department may combine the reports required under
1024	1024	this subchapter with reports required under other provisions of
1025	1025	this code.
1026	1026	(b) The department shall develop a central location on the
1027	1027	department's Internet website that provides easily accessible and
1028	1028	searchable information to the public contained in the reports
1029	1029	required under this subchapter and other provisions of this code.
1030	1030	(b) Not later than September 1, 2009, the Texas Department
1031	1031	of Transportation shall establish the central location on the
1032	1032	department's Internet website required by Section 201.810,
1033	1033	Transportation Code, as added by this section.
1034	1034	SECTION 2.05. Chapter 201, Transportation Code, is amended
1035	1035	by adding Subchapter P to read as follows:
1036	1036	SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM
1037	1037	Sec. 201.991. DEFINITION. In this subchapter, "local
1038	1038	transportation entity" means any entity that participates in the
1039	1039	transportation planning process. The term includes a metropolitan
1040	1040	planning organization as defined by Section 472.031, a regional
1041	1041	tollway authority organized under Chapter 366, a regional
1042	1042	transportation authority operating under Chapter 452, and a rural
1043	1043	transit district as defined by Section 458.001.
1044	1044	Sec. 201.992. UNIFIED TRANSPORTATION PROGRAM. (a) The
1045	1045	department shall develop a unified transportation program covering
1046	1046	a period of 11 years to guide the development of and authorize
1047	1047	construction of transportation projects. The program must:
1048	1048	(1) annually identify target funding levels; and
1049	1049	(2) list all projects that the department intends to
1050	1050	develop or begin construction of during the program period.
1051	1051	(b) The department shall adopt rules that:
1052	1052	(1) specify the criteria for selecting projects to be
1053	1053	included in the program;
1054	1054	(2) define program funding categories, including
1055	1055	categories for safety, maintenance, and mobility; and
1056	1056	(3) define each phase of a major transportation
1057	1057	project, including the planning, programming, implementation, and
1058	1058	construction phases.
1059	1059	(c) The department shall publish the entire unified
1060	1060	transportation program and summary documents highlighting project
1061	1061	benchmarks, priorities, and forecasts in appropriate media and on
1062	1062	the department's Internet website in a format that is easily
1063	1063	understandable by the public.
1064	1064	(d) In developing the rules required by this section, the
1065	1065	department shall collaborate with local transportation entities.
1066	1066	Sec. 201.993. ANNUAL UPDATE TO UNIFIED TRANSPORTATION
1067	1067	PROGRAM. (a) The department shall annually update the unified
1068	1068	transportation program.
1069	1069	(b) The annual update must include:
1070	1070	(1) the annual funding forecast required by Section
1071	1071	201.994;
1072	1072	(2) the list of major transportation projects required
1073	1073	by Section 201.995(b); and
1074	1074	(3) the projects included in each program priority
1075	1075	category established by Section 201.996.
1076	1076	(c) The department shall collaborate with local
1077	1077	transportation entities to develop the annual update to the unified
1078	1078	transportation program.
1079	1079	Sec. 201.994. ANNUAL FUNDING AND CASH FLOW FORECASTS. (a)
1080	1080	The department annually shall:
1081	1081	(1) develop and publish a forecast of all funds the
1082	1082	department expects to receive, including funds from this state and
1083	1083	the federal government; and
1084	1084	(2) use that forecast to guide planning for the
1085	1085	unified transportation program.
1086	1086	(b) The department shall collaborate with local
1087	1087	transportation entities to develop scenarios for the forecast
1088	1088	required by Subsection (a) based on mutually acceptable funding
1089	1089	assumptions.
1090	1090	(c) Not later than January 31 of each odd-numbered year, the
1091	1091	department shall prepare and publish a cash flow forecast for a
1092	1092	period of 10 years.
1093	1093	Sec. 201.995. MAJOR TRANSPORTATION PROJECTS. (a) The
1094	1094	department shall by rule:
1095	1095	(1) establish criteria for designating a project as a
1096	1096	major transportation project;
1097	1097	(2) develop benchmarks for evaluating the progress of
1098	1098	a major transportation project and timelines for implementation and
1099	1099	construction of a major transportation project; and
1100	1100	(3) determine which critical benchmarks must be met
1101	1101	before a major transportation project may enter the implementation
1102	1102	phase of the unified transportation program.
1103	1103	(b) The department annually shall update the list of
1104	1104	projects that are designated as major transportation projects.
1105	1105	(c) In adopting rules required by this section, the
1106	1106	department shall collaborate with local transportation entities.
1107	1107	Sec. 201.996. PROGRAM PRIORITY CATEGORIES. (a) The
1108	1108	department by rule shall establish categories in the unified
1109	1109	transportation program to designate the priority of each project
1110	1110	included in the program and shall assign each project a category.
1111	1111	(b) The department shall collaborate with local
1112	1112	transportation entities when assigning each project included in the
1113	1113	unified transportation program to a category established under
1114	1114	Subsection (a).
1115	1115	(c) The highest priority category within the unified
1116	1116	transportation program must consist of projects designated as major
1117	1117	transportation projects.
1118	1118	Sec. 201.997. FUNDING ALLOCATION. (a) The department by
1119	1119	rule shall establish formulas for allocating funds in each category
1120	1120	described by Section 201.992(b)(2).
1121	1121	(b) The department shall update the formulas established
1122	1122	under this section at least every five years.
1123	1123	Sec. 201.998. FUND DISTRIBUTION. (a) The department shall
1124	1124	allocate funds to the department districts based on the formulas
1125	1125	adopted under Section 201.997.
1126	1126	(b) In distributing funds to department districts, the
1127	1127	department may not exceed the cash flow forecast prepared and
1128	1128	published under Section 201.994(c).
1129	1129	Sec. 201.999. WORK PROGRAM. (a) Each department district
1130	1130	shall develop a consistently formatted work program based on the
1131	1131	unified transportation program covering a period of four years that
1132	1132	contains all projects that the district proposes to implement
1133	1133	during that period.
1134	1134	(b) The work program must contain:
1135	1135	(1) information regarding the progress of projects
1136	1136	designated as major transportation projects, according to project
1137	1137	implementation benchmarks and timelines established under Section
1138	1138	201.995; and
1139	1139	(2) a summary of the progress on other district
1140	1140	projects.
1141	1141	(c) The department shall use the work program to:
1142	1142	(1) monitor the performance of the district; and
1143	1143	(2) evaluate the performance of district employees.
1144	1144	(d) The department shall publish the work program in
1145	1145	appropriate media and on the department's Internet website.
1146	1146	SECTION 2.06. Chapter 472, Transportation Code, is amended
1147	1147	by adding Subchapter E to read as follows:
1148	1148	SUBCHAPTER E. RURAL PLANNING ORGANIZATIONS
1149	1149	Sec. 472.051. DEFINITION. In this subchapter, "rural
1150	1150	planning organization" means an organization created under this
1151	1151	subchapter for the purpose of transportation planning in a rural
1152	1152	area of this state.
1153	1153	Sec. 472.052. CREATION. To the extent practicable through
1154	1154	the use of existing resources, the department shall facilitate the
1155	1155	creation of rural planning organizations in cooperation with
1156	1156	councils of governments, municipal and county governments, and
1157	1157	other local transportation entities. The structure and membership
1158	1158	of a rural planning organization may vary according to the
1159	1159	transportation and other governmental needs of the area served by
1160	1160	the organization.
1161	1161	Sec. 472.053. TRANSPORTATION PLANNING. A rural planning
1162	1162	organization may:
1163	1163	(1) establish transportation priorities and approve
1164	1164	transportation projects in the boundaries of the area served by the
1165	1165	organization;
1166	1166	(2) select projects for inclusion in the statewide
1167	1167	transportation improvement program; and
1168	1168	(3) provide input to the department on projects
1169	1169	involving the connectivity of the state highway system.
1170	1170	Sec. 472.054. REALIGNMENT OF DEPARTMENT DISTRICTS IN RURAL
1171	1171	AREAS. In facilitating the creation of rural planning
1172	1172	organizations under this subchapter, the department shall consider
1173	1173	whether changing its districts' boundaries to align more closely
1174	1174	with those of existing councils of governments would better
1175	1175	facilitate rural transportation planning.
1176	1176	Sec. 472.055. DEPARTMENT PARTICIPATION. The department
1177	1177	shall:
1178	1178	(1) provide funds and personnel to assist rural
1179	1179	planning organizations with rural transportation planning; and
1180	1180	(2) work with rural planning organizations to identify
1181	1181	available sources of funding for rural transportation planning,
1182	1182	which may include federal funds or transportation development
1183	1183	credits.
1184	1184	ARTICLE 3. PUBLIC INVOLVEMENT AND COMPLAINTS
1185	1185	SECTION 3.01. (a) Section 201.801, Transportation Code, is
1186	1186	amended to read as follows:
1187	1187	Sec. 201.801. [INFORMATION ABOUT DEPARTMENT;] COMPLAINTS.
1188	1188	(a) The department shall maintain a system to promptly and
1189	1189	efficiently act on complaints filed with the department. The
1190	1190	department shall maintain information about the parties to and the
1191	1191	subject matter of a complaint and a summary of the results of the
1192	1192	review or investigation of the complaint and the disposition of the
1193	1193	complaint.
1194	1194	(b) The department shall make information available
1195	1195	describing its procedures for complaint investigation and
1196	1196	resolution [prepare information of public interest describing the
1197	1197	functions of the department and the department's procedures by
1198	1198	which a complaint is filed with the department and resolved by the
1199	1199	department. The department shall make the information available to
1200	1200	the public and appropriate state agencies].
1201	1201	[(b) The commission by rule shall establish methods by which
1202	1202	consumers and service recipients are notified of the department's
1203	1203	name, mailing address, and telephone number for directing
1204	1204	complaints to the department. The commission may provide for that
1205	1205	notification:
1206	1206	[(1) on each registration form, application, or
1207	1207	written contract for services of an individual or entity regulated
1208	1208	by the department;
1209	1209	[(2) on a sign prominently displayed in the place of
1210	1210	business of each individual or entity regulated by the department;
1211	1211	or
1212	1212	[(3) in a bill for service provided by an individual or
1213	1213	entity regulated by the department.]
1214	1214	(c) [The department shall:
1215	1215	[(1) keep an information file about each written
1216	1216	complaint filed with the department that the department has the
1217	1217	authority to resolve; and
1218	1218	[(2) provide the person who filed the complaint, and
1219	1219	each person or entity that is the subject of the complaint,
1220	1220	information about the department's policies and procedures
1221	1221	relating to complaint investigation and resolution.
1222	1222	[(d)] The department[, at least quarterly and until final
1223	1223	disposition of a written complaint that is filed with the
1224	1224	department and that the department has the authority to resolve,]
1225	1225	shall periodically notify the parties to the complaint of its
1226	1226	status until final disposition [unless the notice would jeopardize
1227	1227	an undercover investigation].
1228	1228	(d) The commission shall adopt rules applicable to each
1229	1229	division and district to establish a process to act on complaints
1230	1230	filed with the department [(e) With regard to each complaint filed
1231	1231	with the department, the department shall keep the following
1232	1232	information:
1233	1233	[(1) the date the complaint is filed;
1234	1234	[(2) the name of the person filing the complaint;
1235	1235	[(3) the subject matter of the complaint;
1236	1236	[(4) a record of each person contacted in relation to
1237	1237	the complaint;
1238	1238	[(5) a summary of the results of the review or
1239	1239	investigation of the complaint; and
1240	1240	[(6) if the department takes no action on the
1241	1241	complaint, an explanation of the reasons that no action was taken].
1242	1242	(e) The department shall develop a standard form for
1243	1243	submitting a complaint and make the form available on its Internet
1244	1244	website. The department shall establish a method to submit
1245	1245	complaints electronically.
1246	1246	(f) The department shall develop a method for analyzing the
1247	1247	sources and types of complaints and violations and establish
1248	1248	categories for the complaints and violations. The department shall
1249	1249	use the analysis to focus its information and education efforts on
1250	1250	specific problem areas identified through the analysis.
1251	1251	(g) The department shall:
1252	1252	(1) compile:
1253	1253	(A) detailed statistics and analyze trends on
1254	1254	complaint information, including:
1255	1255	(i) the nature of the complaints;
1256	1256	(ii) their disposition; and
1257	1257	(iii) the length of time to resolve
1258	1258	complaints; and
1259	1259	(B) complaint information on a district and a
1260	1260	divisional basis; and
1261	1261	(2) report the information on a monthly basis to the
1262	1262	division directors and district engineers and on a quarterly basis
1263	1263	to the commissioner.
1264	1264	(b) The Texas Department of Transportation shall adopt
1265	1265	rules under Section 201.801, Transportation Code, as amended by
1266	1266	this section not later than March 1, 2010.
1267	1267	SECTION 3.02. Subchapter J, Chapter 201, Transportation
1268	1268	Code, is amended by adding Section 201.811 to read as follows:
1269	1269	Sec. 201.811. PUBLIC INVOLVEMENT POLICY. (a) The
1270	1270	department shall develop and implement a policy for public
1271	1271	involvement that guides and encourages public involvement with the
1272	1272	department. The policy must:
1273	1273	(1) provide for the use of public involvement
1274	1274	techniques that target different groups and individuals;
1275	1275	(2) encourage continuous contact between the
1276	1276	department and persons outside the department throughout the
1277	1277	transportation decision-making process;
1278	1278	(3) require the department to make efforts toward:
1279	1279	(A) clearly tying public involvement to
1280	1280	decisions made by the department; and
1281	1281	(B) providing clear information to the public
1282	1282	about specific outcomes of public input; and
1283	1283	(4) apply to all public input with the department,
1284	1284	including input:
1285	1285	(A) on statewide transportation policy-making;
1286	1286	(B) in connection with the environmental process
1287	1287	relating to specific projects; and
1288	1288	(C) into the department's rulemaking procedures.
1289	1289	(b) The department shall document the ratio of positive
1290	1290	public input to negative public input regarding all environmental
1291	1291	impact statements as expressed by the public through the
1292	1292	department's public involvement process. The department shall:
1293	1293	(1) present this information to the commissioner in an
1294	1294	open meeting; and
1295	1295	(2) report this information on the department's
1296	1296	Internet website in a timely manner.
1297	1297	ARTICLE 4. CONTRACTING FUNCTIONS
1298	1298	SECTION 4.01. Section 223.002, Transportation Code, is
1299	1299	amended to read as follows:
1300	1300	Sec. 223.002. NOTICE OF BIDS [BY PUBLICATION]. [(a)] The
1301	1301	department shall give [publish] notice to interested persons
1302	1302	regarding [of] the time and place at which bids on a contract will
1303	1303	be opened and the contract awarded. The department by rule shall
1304	1304	determine the most effective method for providing the notice
1305	1305	required by this section.
1306	1306	[(b) The notice must be published in a newspaper published
1307	1307	in the county in which the improvement is to be made once a week for
1308	1308	at least two weeks before the time set for awarding the contract and
1309	1309	in two other newspapers that the department may designate.
1310	1310	[(c) Instead of the notice required by Subsection (b), if
1311	1311	the department estimates that the contract involves an amount less
1312	1312	than $300,000, notice may be published in two successive issues of a
1313	1313	newspaper published in the county in which the improvement is to be
1314	1314	made.
1315	1315	[(d) If a newspaper is not published in the county in which
1316	1316	the improvement is to be made, notice shall be published in a
1317	1317	newspaper published in the county:
1318	1318	[(1) nearest the county seat of the county in which the
1319	1319	improvement is to be made; and
1320	1320	[(2) in which a newspaper is published.]
1321	1321	SECTION 4.02. Subchapter A, Chapter 223, Transportation
1322	1322	Code, is amended by adding Section 223.017 to read as follows:
1323	1323	Sec. 223.017. DESIGN-BUILD CONTRACTS FOR NONTOLLED HIGHWAY
1324	1324	PROJECTS. (a) In this section, "design-build contract" means an
1325	1325	agreement with a private entity for the design and construction,
1326	1326	rehabilitation, expansion, or improvement of a highway project but
1327	1327	does not include the financing or operation of the highway.
1328	1328	(b) The department may enter into a design-build contract
1329	1329	for a nontolled highway project.
1330	1330	(c) Notwithstanding Section 223.0041, if the department
1331	1331	enters into a design-build contract under this section, the
1332	1332	department shall use a competitive procurement process that
1333	1333	provides the best value for the department.
1334	1334	(d) The department shall adopt rules specifying the
1335	1335	conditions under which a design-build contract may be considered.
1336	1336	In developing rules the department must address:
1337	1337	(1) the size and complexity of an eligible project;
1338	1338	(2) the time constraints for delivery of an eligible
1339	1339	project;
1340	1340	(3) the level and training of the staff required to
1341	1341	manage an eligible project; and
1342	1342	(4) other factors the department considers important.
1343	1343	SECTION 4.03. (a) Subchapter E, Chapter 223,
1344	1344	Transportation Code, is amended by adding Section 223.211 to read
1345	1345	as follows:
1346	1346	Sec. 223.211. APPROVAL AND CERTIFICATION. A comprehensive
1347	1347	development agreement, including a facility agreement under a
1348	1348	comprehensive development agreement, under which a private entity
1349	1349	will operate a toll project or be entitled to receive revenue from
1350	1350	the project must be:
1351	1351	(1) reviewed by the attorney general for legal
1352	1352	sufficiency under Section 371.051, as added by Chapter 264 (S.B.
1353	1353	792), Acts of the 80th Legislature, Regular Session, 2007, and
1354	1354	signed by the attorney general, if approved;
1355	1355	(2) reviewed by the comptroller for financial
1356	1356	viability and signed and certified by the comptroller if approved;
1357	1357	and
1358	1358	(3) signed by the commissioner.
1359	1359	(b) The change in law made by Section 223.211,
1360	1360	Transportation Code, as added by this section, applies only to a
1361	1361	comprehensive development agreement entered into on or after the
1362	1362	effective date of this Act.
1363	1363	ARTICLE 5. REGULATION OF MOTOR VEHICLE DEALERS, SALVAGE VEHICLE
1364	1364	DEALERS, AND HOUSEHOLD GOODS CARRIERS
1365	1365	SECTION 5.01. (a) Section 643.153, Transportation Code, is
1366	1366	amended by amending Subsection (b) and adding Subsections (c), (h),
1367	1367	and (i) to read as follows:
1368	1368	(b) The department may adopt rules necessary to ensure that
1369	1369	a customer of a motor carrier transporting household goods is
1370	1370	protected from deceptive or unfair practices and unreasonably
1371	1371	hazardous activities. The rules must:
1372	1372	(1) establish a formal process for resolving a dispute
1373	1373	over a fee or damage;
1374	1374	(2) require a motor carrier to indicate clearly to a
1375	1375	customer whether an estimate is binding or nonbinding and disclose
1376	1376	the maximum price a customer could be required to pay;
1377	1377	(3) create a centralized process for making complaints
1378	1378	about a motor carrier that also allows a customer to inquire about a
1379	1379	carrier's complaint record; [and]
1380	1380	(4) require a motor carrier transporting household
1381	1381	goods to list a place of business with a street address in this
1382	1382	state and the carrier's registration number issued under this
1383	1383	article in any print advertising published in this state; and
1384	1384	(5) require a motor carrier transporting household
1385	1385	goods to inform the department whether the motor carrier has
1386	1386	requested criminal history record information on its employees
1387	1387	under Chapter 145, Civil Practice and Remedies Code.
1388	1388	(c) The department shall make available to the public on the
1389	1389	department's Internet website the information received under
1390	1390	Subsection (b)(5) to allow members of the public to make an informed
1391	1391	choice when selecting a motor carrier to transport household goods.
1392	1392	For the purposes of this subsection, the department may require a
1393	1393	motor carrier transporting household goods that requests criminal
1394	1394	history record information on its employees to submit to the
1395	1395	department, at the time of the original motor carrier registration
1396	1396	and at the renewal of the registration, documentation that the
1397	1397	criminal history record information:
1398	1398	(1) has been requested and obtained;
1399	1399	(2) is regularly updated; and
1400	1400	(3) is used to exclude from employment persons who
1401	1401	have committed a serious criminal offense.
1402	1402	(h) Subject to Subsection (i), the department may order a
1403	1403	motor carrier that transports household goods to pay a refund to a
1404	1404	customer as provided in an agreement resulting from an informal
1405	1405	settlement instead of or in addition to imposing an administrative
1406	1406	penalty under this chapter.
1407	1407	(i) The amount of a refund ordered as provided in an
1408	1408	agreement resulting from an informal settlement may not exceed the
1409	1409	amount the customer paid to the motor carrier for a service or the
1410	1410	amount the customer paid for an item damaged by the motor carrier,
1411	1411	without requiring an estimation of the actual cost of the damage.
1412	1412	The department may not require payment of other damages or estimate
1413	1413	harm in a refund order.
1414	1414	(b) The change in law made by Sections 643.153(h) and (i),
1415	1415	Transportation Code, as added by this section, applies only to an
1416	1416	agreement to transport household goods entered into on or after the
1417	1417	effective date of this Act. An agreement to transport household
1418	1418	goods entered into before the effective date of this Act is governed
1419	1419	by the law in effect immediately before that date, and that law is
1420	1420	continued in effect for that purpose.
1421	1421	SECTION 5.02. (a) Section 643.251, Transportation Code, is
1422	1422	amended by amending Subsection (b) and adding Subsection (b-1) to
1423	1423	read as follows:
1424	1424	(b) Except as provided by this section, the amount of an
1425	1425	administrative penalty may not exceed $5,000. If it is found that
1426	1426	the motor carrier knowingly committed the violation, the penalty
1427	1427	may not exceed $15,000. Except as provided by Subsection (b-1), if
1428	1428	[If] it is found that the motor carrier knowingly committed
1429	1429	multiple violations, the aggregate penalty for the multiple
1430	1430	violations may not exceed $30,000. Each day a violation continues
1431	1431	or occurs is a separate violation for purposes of imposing a
1432	1432	penalty.
1433	1433	(b-1) The limit on the aggregate penalty for multiple
1434	1434	violations in Subsection (b) does not apply to a motor carrier
1435	1435	transporting household goods.
1436	1436	(b) The change in law made by this section to Section
1437	1437	643.251, Transportation Code, applies only to a violation committed
1438	1438	by a motor carrier on or after the effective date of this Act. For
1439	1439	purposes of this subsection, a violation was committed before the
1440	1440	effective date of this Act if any element of the violation was
1441	1441	committed before that date. A violation committed by a motor
1442	1442	carrier before the effective date of this Act is covered by the law
1443	1443	in effect on the date the violation was committed, and the former
1444	1444	law is continued in effect for that purpose.
1445	1445	SECTION 5.03. Subchapter F, Chapter 643, Transportation
1446	1446	Code, is amended by adding Sections 643.256 and 643.257 to read as
1447	1447	follows:
1448	1448	Sec. 643.256. SUMMARY SUSPENSION. (a) The department may
1449	1449	summarily suspend the registration of a motor carrier registered
1450	1450	under this chapter if the motor carrier's failure to comply with
1451	1451	this chapter or a rule adopted under this chapter is determined by
1452	1452	the department to constitute a continuing and imminent threat to
1453	1453	the public safety and welfare.
1454	1454	(b) To initiate a proceeding to take action under Subsection
1455	1455	(a), the department must serve notice on the motor carrier. The
1456	1456	notice must:
1457	1457	(1) state the grounds for summary suspension;
1458	1458	(2) be personally served on the motor carrier or sent
1459	1459	to the motor carrier by certified or registered mail, return
1460	1460	receipt requested, to the motor carrier's mailing address as it
1461	1461	appears in the department's records; and
1462	1462	(3) inform the motor carrier of the right to a hearing
1463	1463	on the suspension.
1464	1464	(c) The suspension is effective on the date that notice is
1465	1465	personally served or received by mail. The motor carrier is
1466	1466	entitled to appeal the suspension in the manner provided by Section
1467	1467	643.2525 for the appeal of an order of the director.
1468	1468	Sec. 643.257. EMERGENCY CEASE AND DESIST ORDER. (a) If it
1469	1469	appears to the director that a motor carrier who is not registered
1470	1470	to transport household goods for compensation under Section 643.051
1471	1471	is violating this chapter, a rule adopted under this chapter, or
1472	1472	another state statute or rule relating to the transportation of
1473	1473	household goods and the director determines that the unauthorized
1474	1474	activity constitutes a clear, imminent, or continuing threat to the
1475	1475	public health and safety, the director may:
1476	1476	(1) issue an emergency cease and desist order
1477	1477	prohibiting the motor carrier from engaging in the activity; and
1478	1478	(2) report the activity to a local law enforcement
1479	1479	agency or the attorney general for prosecution.
1480	1480	(b) An order issued under Subsection (a) must:
1481	1481	(1) be delivered on issuance to the motor carrier
1482	1482	affected by the order by personal delivery or registered or
1483	1483	certified mail, return receipt requested, to the motor carrier's
1484	1484	last known address;
1485	1485	(2) state the acts or practices alleged to be an
1486	1486	unauthorized activity and require the motor carrier immediately to
1487	1487	cease and desist from the unauthorized activity; and
1488	1488	(3) contain a notice that a request for hearing may be
1489	1489	filed under this section.
1490	1490	(c) A motor carrier against whom an emergency cease and
1491	1491	desist order is directed may request a hearing before the 11th day
1492	1492	after the date it is served on the motor carrier. If the motor
1493	1493	carrier does not request a hearing in that time, the order is final
1494	1494	and nonappealable as to that motor carrier. A request for a
1495	1495	hearing must:
1496	1496	(1) be in writing and directed to the director; and
1497	1497	(2) state the grounds for the request to set aside or
1498	1498	modify the order.
1499	1499	(d) On receiving a request for a hearing, the director shall
1500	1500	serve notice of the time and place of the hearing by personal
1501	1501	delivery or registered or certified mail, return receipt
1502	1502	requested. The hearing must be held not later than the 10th day
1503	1503	after the date the director receives the request for a hearing
1504	1504	unless the parties agree to a later hearing date. A hearing under
1505	1505	this subsection is subject to Chapter 2001, Government Code.
1506	1506	(e) After the hearing, the director shall affirm, modify, or
1507	1507	set aside wholly or partly the emergency cease and desist order. An
1508	1508	order affirming or modifying the emergency cease and desist order
1509	1509	is immediately final for purposes of enforcement and appeal.
1510	1510	(f) An order under this section continues in effect unless
1511	1511	the order is stayed by the director. The director may impose any
1512	1512	condition before granting a stay of the order.
1513	1513	(g) The director may release to the public a final cease and
1514	1514	desist order issued under this section or information regarding the
1515	1515	existence of the order if the director determines that the release
1516	1516	would enhance the effective enforcement of the order or will serve
1517	1517	the public interest.
1518	1518	(h) A violation of an order issued under this section
1519	1519	constitutes additional grounds for imposing an administrative
1520	1520	penalty under this chapter.
1521	1521	SECTION 5.04. Section 2301.654, Occupations Code, is
1522	1522	amended to read as follows:
1523	1523	Sec. 2301.654. PROBATION. If a suspension of a license is
1524	1524	probated, the board may:
1525	1525	(1) require the license holder to report regularly to
1526	1526	the board on matters that are the basis of the probation; [or]
1527	1527	(2) limit activities to those prescribed by the board;
1528	1528	or
1529	1529	(3) require the license holder to obtain specialized
1530	1530	training so that the license holder attains a degree of skill
1531	1531	satisfactory to the board in those areas that are the basis of the
1532	1532	probation.
1533	1533	SECTION 5.05. (a) Subchapter Q, Chapter 2301, Occupations
1534	1534	Code, is amended by adding Sections 2301.807 and 2301.808 to read as
1535	1535	follows:
1536	1536	Sec. 2301.807. ADMINISTRATIVE PENALTY. (a) The department
1537	1537	may impose an administrative penalty on a person licensed under
1538	1538	this chapter who violates this chapter or a rule or order adopted
1539	1539	under this chapter.
1540	1540	(b) The amount of an administrative penalty imposed under
1541	1541	this section may not exceed $5,000. Each day a violation continues
1542	1542	or occurs is a separate violation for the purpose of imposing a
1543	1543	penalty. The amount of the penalty shall be based on:
1544	1544	(1) the seriousness of the violation, including the
1545	1545	nature, circumstances, extent, and gravity of the violation;
1546	1546	(2) the economic harm to property or the environment
1547	1547	caused by the violation;
1548	1548	(3) the history of previous violations;
1549	1549	(4) the amount necessary to deter a future violation;
1550	1550	(5) the threat to the public safety and welfare;
1551	1551	(6) efforts to correct the violation; and
1552	1552	(7) any other matter that justice may require.
1553	1553	(c) The transportation commission by rule shall adopt a
1554	1554	schedule of administrative penalties based on the criteria listed
1555	1555	in Subsection (b) for violations subject to an administrative
1556	1556	penalty under this section to ensure that the amount of a penalty
1557	1557	imposed is appropriate to the violation.
1558	1558	(d) The enforcement of an administrative penalty may be
1559	1559	stayed during the time the order is under judicial review if the
1560	1560	person pays the penalty to the clerk of the court or files a
1561	1561	supersedeas bond with the court in the amount of the penalty. A
1562	1562	person who cannot afford to pay the penalty or file the bond may
1563	1563	stay the enforcement by filing an affidavit in the manner required
1564	1564	by the Texas Rules of Civil Procedure for a party who cannot afford
1565	1565	to file security for costs, subject to the right of the
1566	1566	transportation commission to contest the affidavit as provided by
1567	1567	those rules.
1568	1568	(e) The attorney general may sue to collect an
1569	1569	administrative penalty imposed under this section. In the suit the
1570	1570	attorney general may recover, on behalf of the state, the
1571	1571	reasonable expenses incurred in obtaining the penalty, including
1572	1572	investigation and court costs, reasonable attorney's fees, witness
1573	1573	fees, and other expenses.
1574	1574	(f) An administrative penalty collected under this section
1575	1575	shall be deposited in the general revenue fund.
1576	1576	(g) A proceeding to impose an administrative penalty under
1577	1577	this section is a contested case under Chapter 2001, Government
1578	1578	Code.
1579	1579	Sec. 2301.808. REFUND. (a) Subject to Subsection (b), the
1580	1580	director may order a motor vehicle dealer to pay a refund to a
1581	1581	consumer as provided in an agreement resulting from an informal
1582	1582	settlement instead of or in addition to imposing an administrative
1583	1583	penalty under this chapter.
1584	1584	(b) The amount of a refund ordered as provided in an
1585	1585	agreement resulting from an informal settlement may not exceed the
1586	1586	amount the consumer paid to the motor vehicle dealer. The director
1587	1587	may not require payment of other damages or estimate harm in a
1588	1588	refund order.
1589	1589	(b) Subchapter H, Chapter 2302, Occupations Code, is
1590	1590	amended by adding Section 2302.352 to read as follows:
1591	1591	Sec. 2302.352. ADMINISTRATIVE PENALTY. (a) The department
1592	1592	may impose an administrative penalty on a salvage vehicle dealer
1593	1593	licensed under this chapter who violates this chapter or a rule or
1594	1594	order adopted under this chapter.
1595	1595	(b) The amount of an administrative penalty imposed under
1596	1596	this section may not exceed $5,000. Each day a violation continues
1597	1597	or occurs is a separate violation for the purpose of imposing a
1598	1598	penalty. The amount of the penalty shall be based on:
1599	1599	(1) the seriousness of the violation, including the
1600	1600	nature, circumstances, extent, and gravity of the violation;
1601	1601	(2) the economic harm to property or the environment
1602	1602	caused by the violation;
1603	1603	(3) the history of previous violations;
1604	1604	(4) the amount necessary to deter a future violation;
1605	1605	(5) the threat to the public safety and welfare;
1606	1606	(6) efforts to correct the violation; and
1607	1607	(7) any other matter that justice may require.
1608	1608	(c) The commission by rule shall adopt a schedule of
1609	1609	administrative penalties based on the criteria listed in Subsection
1610	1610	(b) for violations subject to an administrative penalty under this
1611	1611	section to ensure that the amount of a penalty imposed is
1612	1612	appropriate to the violation.
1613	1613	(d) The enforcement of an administrative penalty may be
1614	1614	stayed during the time the order is under judicial review if the
1615	1615	person pays the penalty to the clerk of the court or files a
1616	1616	supersedeas bond with the court in the amount of the penalty. A
1617	1617	person who cannot afford to pay the penalty or file the bond may
1618	1618	stay the enforcement by filing an affidavit in the manner required
1619	1619	by the Texas Rules of Civil Procedure for a party who cannot afford
1620	1620	to file security for costs, subject to the right of the commission
1621	1621	to contest the affidavit as provided by those rules.
1622	1622	(e) The attorney general may sue to collect an
1623	1623	administrative penalty imposed under this section. In the suit the
1624	1624	attorney general may recover, on behalf of the state, the
1625	1625	reasonable expenses incurred in obtaining the penalty, including
1626	1626	investigation and court costs, reasonable attorney's fees, witness
1627	1627	fees, and other expenses.
1628	1628	(f) An administrative penalty collected under this section
1629	1629	shall be deposited in the general revenue fund.
1630	1630	(g) A proceeding to impose an administrative penalty under
1631	1631	this section is a contested case under Chapter 2001, Government
1632	1632	Code.
1633	1633	(c) The change in law made by Section 2301.808, Occupations
1634	1634	Code, as added by this section, applies only to a motor vehicle
1635	1635	purchased or leased on or after the effective date of this Act. A
1636	1636	motor vehicle purchased or leased before the effective date of this
1637	1637	Act is governed by the law in effect immediately before that date,
1638	1638	and that law is continued in effect for that purpose.
1639	1639	ARTICLE 6. REGULATION OF OUTDOOR ADVERTISING
1640	1640	SECTION 6.01. Section 391.004, Transportation Code, is
1641	1641	amended to read as follows:
1642	1642	Sec. 391.004. TEXAS HIGHWAY BEAUTIFICATION FUND ACCOUNT.
1643	1643	The Texas highway beautification fund account is an account in the
1644	1644	general revenue fund. Money the commission receives under this
1645	1645	chapter shall be deposited to the credit of the Texas highway
1646	1646	beautification fund account. The commission shall use money in the
1647	1647	Texas highway beautification fund account to administer this
1648	1648	chapter and Chapter 394.
1649	1649	SECTION 6.02. (a) Subchapter A, Chapter 391,
1650	1650	Transportation Code, is amended by adding Section 391.006 to read
1651	1651	as follows:
1652	1652	Sec. 391.006. COMPLAINTS; RECORDS. (a) The department by
1653	1653	rule shall establish procedures for accepting and resolving written
1654	1654	complaints related to outdoor advertising under this chapter. The
1655	1655	rules must include:
1656	1656	(1) a process to make information available describing
1657	1657	its procedures for complaint investigation and resolution,
1658	1658	including making information about the procedures available on the
1659	1659	department's Internet website;
1660	1660	(2) a simple form for filing complaints with the
1661	1661	department;
1662	1662	(3) a system to prioritize complaints so that the most
1663	1663	serious complaints receive attention before less serious
1664	1664	complaints; and
1665	1665	(4) a procedure for compiling and reporting detailed
1666	1666	annual statistics about complaints.
1667	1667	(b) The department shall provide to each person who files a
1668	1668	written complaint with the department, and to each person who is the
1669	1669	subject of a complaint, information about the department's policies
1670	1670	and procedures relating to complaint investigation and resolution.
1671	1671	(c) The department shall keep an information file about each
1672	1672	written complaint filed with the department that the department has
1673	1673	authority to resolve. The department shall keep the following
1674	1674	information for each complaint for the purpose of enforcing this
1675	1675	chapter:
1676	1676	(1) the date the complaint is filed;
1677	1677	(2) the name of the person filing the complaint;
1678	1678	(3) the subject matter of the complaint;
1679	1679	(4) each person contacted in relation to the
1680	1680	complaint;
1681	1681	(5) a summary of the results of the review or
1682	1682	investigation of the complaint; and
1683	1683	(6) if the department does not take action on the
1684	1684	complaint, an explanation of the reasons that action was not taken.
1685	1685	(d) If a written complaint is filed with the department that
1686	1686	the department has authority to resolve, the department, at least
1687	1687	quarterly and until final disposition of the complaint, shall
1688	1688	notify the parties to the complaint of the status of the complaint
1689	1689	unless the notice would jeopardize an ongoing department
1690	1690	investigation.
1691	1691	(b) The Texas Transportation Commission shall adopt rules
1692	1692	under Section 391.006, Transportation Code, as added by this
1693	1693	section, not later than September 1, 2010.
1694	1694	SECTION 6.03. Subchapter B, Chapter 391, Transportation
1695	1695	Code, is amended by adding Section 391.0331 to read as follows:
1696	1696	Sec. 391.0331. COSTS OF REMOVAL OF CERTAIN OUTDOOR
1697	1697	ADVERTISING IN MUNICIPALITY. If outdoor advertising located in a
1698	1698	municipality is required to be removed because of the widening,
1699	1699	construction, or reconstruction of a road to which this chapter
1700	1700	applies and if relocation of the outdoor advertising would be
1701	1701	allowed under commission rules but is prohibited by charter,
1702	1702	ordinance, or a decision of the municipality, the municipality
1703	1703	shall pay just compensation to:
1704	1704	(1) the owner for the right, title leasehold, and
1705	1705	interest in the outdoor advertising; and
1706	1706	(2) the owner or, if appropriate, the lessee of the
1707	1707	real property on which the outdoor advertising is located for the
1708	1708	right to erect and maintain the outdoor advertising.
1709	1709	SECTION 6.04. Section 391.035(c), Transportation Code, is
1710	1710	amended to read as follows:
1711	1711	(c) A penalty collected under this section shall be
1712	1712	deposited to the credit of the Texas highway beautification [state
1713	1713	highway] fund account if collected by the attorney general and to
1714	1714	the credit of the county road and bridge fund of the county in which
1715	1715	the violation occurred if collected by a district or county
1716	1716	attorney.
1717	1717	SECTION 6.05. Subchapter B, Chapter 391, Transportation
1718	1718	Code, is amended by adding Section 391.0355 to read as follows:
1719	1719	Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a
1720	1720	suit to collect a civil penalty, the commission, after notice and an
1721	1721	opportunity for a hearing before the commission, may impose an
1722	1722	administrative penalty against a person who violates this chapter
1723	1723	or a rule adopted by the commission under this chapter. Each day a
1724	1724	violation continues is a separate violation.
1725	1725	(b) The amount of the administrative penalty may not exceed
1726	1726	the maximum amount of a civil penalty under Section 391.035.
1727	1727	(c) A proceeding under this section is a contested case
1728	1728	under Chapter 2001, Government Code.
1729	1729	(d) Judicial review of an appeal of an administrative
1730	1730	penalty imposed under this section is under the substantial
1731	1731	evidence rule.
1732	1732	(e) An administrative penalty collected under this section
1733	1733	shall be deposited to the credit of the Texas highway
1734	1734	beautification fund account.
1735	1735	SECTION 6.06. Section 391.063, Transportation Code, is
1736	1736	amended to read as follows:
1737	1737	Sec. 391.063. LICENSE FEE. The commission may set the
1738	1738	amount of a license fee according to a scale graduated by the number
1739	1739	of units of outdoor advertising and number of off-premise signs
1740	1740	under Chapter 394 owned by a license applicant.
1741	1741	SECTION 6.07. Section 391.065(b), Transportation Code, is
1742	1742	amended to read as follows:
1743	1743	(b) For the efficient management and administration of this
1744	1744	chapter and to reduce the number of employees required to enforce
1745	1745	this chapter, the commission shall adopt rules for issuing
1746	1746	standardized forms that are for submission by license holders and
1747	1747	applicants and that provide for an accurate showing of the number,
1748	1748	location, or other information required by the commission for each
1749	1749	license holder's or applicant's outdoor advertising or off-premise
1750	1750	signs under Chapter 394.
1751	1751	SECTION 6.08. Section 391.066, Transportation Code, is
1752	1752	amended by adding Subsection (d) to read as follows:
1753	1753	(d) The commission may deny the renewal of a license
1754	1754	holder's license if the license holder has not complied with the
1755	1755	permit requirements of this chapter or Chapter 394.
1756	1756	SECTION 6.09. Subchapter C, Chapter 391, Transportation
1757	1757	Code, is amended by adding Section 391.0661 to read as follows:
1758	1758	Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to
1759	1759	authorizing a person to erect or maintain outdoor advertising, a
1760	1760	license issued under this chapter authorizes a person to erect or
1761	1761	maintain an off-premise sign under Chapter 394.
1762	1762	SECTION 6.10. Section 391.254(c), Transportation Code, is
1763	1763	amended to read as follows:
1764	1764	(c) A civil penalty collected by the attorney general under
1765	1765	this section shall be deposited to the credit of the Texas highway
1766	1766	beautification [state highway] fund account.
1767	1767	SECTION 6.11. Section 394.005, Transportation Code, is
1768	1768	amended to read as follows:
1769	1769	Sec. 394.005. DISPOSITION OF FEES. Money the commission
1770	1770	receives [A registration fee collected] under this chapter [Section
1771	1771	394.048 by the commission] shall be deposited to the credit of the
1772	1772	Texas highway beautification [state highway] fund account.
1773	1773	SECTION 6.12. (a) Subchapter A, Chapter 394,
1774	1774	Transportation Code, is amended by adding Section 394.006 to read
1775	1775	as follows:
1776	1776	Sec. 394.006. COMPLAINTS; RECORDS. (a) The department by
1777	1777	rule shall establish procedures for accepting and resolving written
1778	1778	complaints related to signs under this chapter. The rules must
1779	1779	include:
1780	1780	(1) a process to make information available describing
1781	1781	its procedures for complaint investigation and resolution,
1782	1782	including making information about the procedures available on the
1783	1783	department's Internet website;
1784	1784	(2) a simple form for filing complaints with the
1785	1785	department;
1786	1786	(3) a system to prioritize complaints so that the most
1787	1787	serious complaints receive attention before less serious
1788	1788	complaints; and
1789	1789	(4) a procedure for compiling and reporting detailed
1790	1790	annual statistics about complaints.
1791	1791	(b) The department shall provide to each person who files a
1792	1792	written complaint with the department, and to each person who is the
1793	1793	subject of a complaint, information about the department's policies
1794	1794	and procedures relating to complaint investigation and resolution.
1795	1795	(c) The department shall keep an information file about each
1796	1796	written complaint filed with the department that the department has
1797	1797	authority to resolve. The department shall keep the following
1798	1798	information for each complaint for the purpose of enforcing this
1799	1799	chapter:
1800	1800	(1) the date the complaint is filed;
1801	1801	(2) the name of the person filing the complaint;
1802	1802	(3) the subject matter of the complaint;
1803	1803	(4) each person contacted in relation to the
1804	1804	complaint;
1805	1805	(5) a summary of the results of the review or
1806	1806	investigation of the complaint; and
1807	1807	(6) if the department does not take action on the
1808	1808	complaint, an explanation of the reasons that action was not taken.
1809	1809	(d) If a written complaint is filed with the department that
1810	1810	the department has authority to resolve, the department, at least
1811	1811	quarterly and until final disposition of the complaint, shall
1812	1812	notify the parties to the complaint of the status of the complaint
1813	1813	unless the notice would jeopardize an ongoing department
1814	1814	investigation.
1815	1815	(b) The Texas Transportation Commission shall adopt rules
1816	1816	under Section 394.006, Transportation Code, as added by this
1817	1817	section, not later than September 1, 2010.
1818	1818	SECTION 6.13. Subchapter A, Chapter 394, Transportation
1819	1819	Code, is amended by adding Section 394.007 to read as follows:
1820	1820	Sec. 394.007. COSTS FOR REMOVAL OF SIGNS IN
1821	1821	EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. (a) This
1822	1822	section applies only to a sign located in the extraterritorial
1823	1823	jurisdiction of a municipality that regulates signs in its
1824	1824	extraterritorial jurisdiction.
1825	1825	(b) If a sign is required to be removed because of the
1826	1826	widening, construction, or reconstruction of a road to which this
1827	1827	chapter applies and if relocation of the sign would be allowed under
1828	1828	commission rules but is prohibited by charter, ordinance, or a
1829	1829	decision of the municipality, the municipality shall pay just
1830	1830	compensation to:
1831	1831	(1) the owner for the right, title leasehold, and
1832	1832	interest in the sign; and
1833	1833	(2) the owner or, if appropriate, the lessee of the
1834	1834	real property on which the sign is located for the right to erect
1835	1835	and maintain the sign.
1836	1836	SECTION 6.14. The heading to Subchapter B, Chapter 394,
1837	1837	Transportation Code, is amended to read as follows:
1838	1838	SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN
1839	1839	SECTION 6.15. (a) Subchapter B, Chapter 394,
1840	1840	Transportation Code, is amended by adding Sections 394.0201,
1841	1841	394.0202, 394.0203, 394.0204, 394.0205, 394.0206, 394.0207,
1842	1842	394.027, 394.028, and 394.029 to read as follows:
1843	1843	Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE;
1844	1844	OFFENSE. (a) A person commits an offense if the person wilfully
1845	1845	erects or maintains an off-premise sign on a rural road without a
1846	1846	license under this subchapter.
1847	1847	(b) An offense under this section is a misdemeanor
1848	1848	punishable by a fine of not less than $500 or more than $1,000. Each
1849	1849	day of the proscribed conduct is a separate offense.
1850	1850	(c) A person is not required to obtain a license to erect or
1851	1851	maintain an on-premise sign.
1852	1852	Sec. 394.0202. ISSUANCE AND PERIOD OF LICENSE. (a) The
1853	1853	commission shall issue a license to a person who:
1854	1854	(1) files with the commission a completed application
1855	1855	form within the time specified by the commission;
1856	1856	(2) pays the appropriate license fee; and
1857	1857	(3) files with the commission a surety bond.
1858	1858	(b) A license may be issued for one year or longer.
1859	1859	(c) At least 30 days before the date on which a person's
1860	1860	license expires, the commission shall notify the person of the
1861	1861	impending expiration. The notice must be in writing and sent to the
1862	1862	person's last known address according to the records of the
1863	1863	commission.
1864	1864	Sec. 394.0203. LICENSE FEE. The commission may set the
1865	1865	amount of a license fee according to a scale graduated by the number
1866	1866	of off-premise signs and units of outdoor advertising under Chapter
1867	1867	391 owned by a license applicant.
1868	1868	Sec. 394.0204. SURETY BOND. (a) The surety bond required
1869	1869	of an applicant for a license under Section 394.0202 must be:
1870	1870	(1) in the amount of $2,500 for each county in the
1871	1871	state in which the person erects or maintains an off-premise sign;
1872	1872	and
1873	1873	(2) payable to the commission for reimbursement for
1874	1874	removal costs of an off-premise sign that the license holder
1875	1875	unlawfully erects or maintains.
1876	1876	(b) A person may not be required to provide more than
1877	1877	$10,000 in surety bonds.
1878	1878	Sec. 394.0205. RULES; FORMS. (a) The commission may adopt
1879	1879	rules to implement Sections 394.0201(a), 394.0202, 394.0203,
1880	1880	394.0204, and 394.0206.
1881	1881	(b) For the efficient management and administration of this
1882	1882	chapter and to reduce the number of employees required to enforce
1883	1883	this chapter, the commission shall adopt rules for issuing
1884	1884	standardized forms that are for submission by license holders and
1885	1885	applicants and that provide for an accurate showing of the number,
1886	1886	location, or other information required by the commission for each
1887	1887	license holder's or applicant's off-premise signs or outdoor
1888	1888	advertising under Chapter 391.
1889	1889	(c) The commission may not adopt a rule under this chapter
1890	1890	that restricts competitive bidding or advertising by the holder of
1891	1891	a license issued under this chapter other than a rule to prohibit
1892	1892	false, misleading, or deceptive practices. The limitation provided
1893	1893	by this section applies only to rules relating to the occupation of
1894	1894	outdoor advertiser and does not affect the commission's power to
1895	1895	regulate the orderly and effective display of an off-premise sign
1896	1896	under this chapter. A rule to prohibit false, misleading, or
1897	1897	deceptive practices may not:
1898	1898	(1) restrict the use of:
1899	1899	(A) any legal medium for an advertisement;
1900	1900	(B) the license holder's advertisement under a
1901	1901	trade name; or
1902	1902	(C) the license holder's personal appearance or
1903	1903	voice in an advertisement, if the license holder is an individual;
1904	1904	or
1905	1905	(2) relate to the size or duration of an advertisement
1906	1906	by the license holder.
1907	1907	Sec. 394.0206. REVOCATION OR SUSPENSION OF LICENSE; APPEAL.
1908	1908	(a) The commission may revoke or suspend a license issued under
1909	1909	this subchapter or place on probation a license holder whose
1910	1910	license is suspended if the license holder violates this chapter or
1911	1911	a rule adopted under this chapter. If the suspension of the license
1912	1912	is probated, the department may require the license holder to
1913	1913	report regularly to the commission on any matter that is the basis
1914	1914	of the probation.
1915	1915	(b) The judicial appeal of the revocation or suspension of a
1916	1916	license must be initiated not later than the 15th day after the date
1917	1917	of the commission's action.
1918	1918	(c) The commission may adopt rules for the reissuance of a
1919	1919	revoked or suspended license and may set fees for the reissuance.
1920	1920	(d) The commission may deny the renewal of a license
1921	1921	holder's existing license if the license holder has not complied
1922	1922	with the permit requirements of this chapter or Chapter 391.
1923	1923	Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to
1924	1924	authorizing a person to erect or maintain an off-premise sign, a
1925	1925	license issued under this chapter authorizes a person to erect or
1926	1926	maintain outdoor advertising under Chapter 391.
1927	1927	Sec. 394.027. FEE AMOUNTS. The license and permit fees
1928	1928	required by this subchapter may not exceed an amount reasonably
1929	1929	necessary to cover the administrative costs incurred to enforce
1930	1930	this chapter.
1931	1931	Sec. 394.028. EXCEPTIONS FOR CERTAIN NONPROFIT
1932	1932	ORGANIZATIONS. (a) The combined license and permit fees under this
1933	1933	subchapter may not exceed $10 for an off-premise sign erected and
1934	1934	maintained by a nonprofit organization in a municipality or a
1935	1935	municipality's extraterritorial jurisdiction if the sign relates
1936	1936	to or promotes only the municipality or a political subdivision
1937	1937	whose jurisdiction is wholly or partly concurrent with the
1938	1938	municipality.
1939	1939	(b) The nonprofit organization is not required to file a
1940	1940	bond as provided by Section 394.0202(a)(3).
1941	1941	Sec. 394.029. DENIAL OF PERMIT; APPEAL. The commission may
1942	1942	create a process by which an applicant may appeal a denial of a
1943	1943	permit under this subchapter.
1944	1944	(b) The change in law made by Section 394.0201,
1945	1945	Transportation Code, as added by this section, applies only to an
1946	1946	off-premise sign erected or for which the permit expires on or after
1947	1947	the effective date of this Act. An off-premise sign for which a
1948	1948	permit is issued before the effective date of this Act is covered by
1949	1949	the law in effect when the permit was issued, and the former law is
1950	1950	continued in effect for that purpose.
1951	1951	SECTION 6.16. Section 394.050, Transportation Code, is
1952	1952	amended to read as follows:
1953	1953	Sec. 394.050. [BOARD OF] VARIANCE. The executive director
1954	1954	or a person designated by the executive director [commission shall
1955	1955	provide for a board of variance that], in an appropriate case and
1956	1956	subject to an appropriate condition or safeguard, may make a
1957	1957	special exception to this chapter regarding a permit for an
1958	1958	off-premise outdoor sign on a rural road.
1959	1959	SECTION 6.17. Section 394.081(c), Transportation Code, is
1960	1960	amended to read as follows:
1961	1961	(c) A civil penalty collected under this section shall be
1962	1962	deposited to the credit of the Texas highway beautification [state
1963	1963	highway] fund account if collected by the attorney general and to
1964	1964	the credit of the county road and bridge fund if collected by a
1965	1965	district or county attorney.
1966	1966	SECTION 6.18. Sections 394.082(a), (d), and (e),
1967	1967	Transportation Code, are amended to read as follows:
1968	1968	(a) In lieu of a suit to collect a civil penalty, the
1969	1969	commission, after notice and an opportunity for a hearing before
1970	1970	the commission, may impose an administrative penalty against a
1971	1971	person who [intentionally] violates this chapter or a rule adopted
1972	1972	by the commission under this chapter. Each day a violation
1973	1973	continues is a separate violation.
1974	1974	(d) Judicial review of an appeal of an administrative
1975	1975	penalty imposed under this section is under the substantial
1976	1976	evidence rule [by trial de novo].
1977	1977	(e) An administrative penalty collected under this section
1978	1978	shall be deposited to the credit of the Texas highway
1979	1979	beautification [state highway] fund account.
1980	1980	ARTICLE 7. GREEN RIBBON PROJECT
1981	1981	SECTION 7.01. Subchapter I, Chapter 201, Transportation
1982	1982	Code, is amended by adding Section 201.708 to read as follows:
1983	1983	Sec. 201.708. EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)
1984	1984	For each contract for a highway project that is located in an area
1985	1985	designated by the United States Environmental Protection Agency as
1986	1986	a nonattainment or near-nonattainment area under Section 107(d) of
1987	1987	the federal Clean Air Act (42 U.S.C. Section 7407), the department
1988	1988	shall allocate to the district or districts in which the project is
1989	1989	to be located one-half of one percent of the total amount to be
1990	1990	spent under the contract for construction, maintenance, and
1991	1991	improvement of the project to be used for landscaping improvements
1992	1992	for the project or other projects in the district or districts.
1993	1993	(b) Landscaping improvements may include:
1994	1994	(1) planting of indigenous or adapted trees and other
1995	1995	plants that are suitable for the climate in the area; and
1996	1996	(2) preparing the soil and installing irrigation
1997	1997	systems for the growth of trees and plants.
1998	1998	SECTION 7.02. Chapter 371, Transportation Code, as added by
1999	1999	Chapter 103 (H.B. 570), Acts of the 80th Legislature, Regular
2000	2000	Session, 2007, is amended by adding Subchapter C to read as follows:
2001	2001	SUBCHAPTER C. CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE
2002	2002	Sec. 371.101. EXPENDITURES FOR TOLL PROJECT LANDSCAPING.
2003	2003	(a) For each contract for a toll project that is located in an area
2004	2004	designated by the United States Environmental Protection Agency as
2005	2005	a nonattainment or near-nonattainment area under Section 107(d) of
2006	2006	the federal Clean Air Act (42 U.S.C. Section 7407), the toll project
2007	2007	entity shall allocate to the district or districts in which the
2008	2008	project is to be located an amount equal to one-half of one percent
2009	2009	of the total amount to be spent under the contract for construction,
2010	2010	maintenance, and improvement of the project to be used for
2011	2011	landscaping improvements for the project or other projects in the
2012	2012	district or districts.
2013	2013	(b) Landscaping improvements may include:
2014	2014	(1) planting indigenous or adapted trees and other
2015	2015	plants that are suitable for the climate in the area; and
2016	2016	(2) preparing the soil and installing irrigation
2017	2017	systems for the growth of trees and plants.
2018	2018	ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES
2019	2019	PART 1. GENERAL PROVISIONS
2020	2020	SECTION 8.1.01. Title 7, Transportation Code, is amended by
2021	2021	adding Subtitle M to read as follows:
2022	2022	SUBTITLE M. TEXAS DEPARTMENT OF MOTOR VEHICLES
2023	2023	CHAPTER 1001. ORGANIZATION OF DEPARTMENT
2024	2024	SUBCHAPTER A. GENERAL PROVISIONS
2025	2025	Sec. 1001.001. DEFINITIONS. In this subtitle:
2026	2026	(1) "Board" means the board of the department.
2027	2027	(2) "Department" means the Texas Department of Motor
2028	2028	Vehicles.
2029	2029	Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
2030	2030	department is created as an agency of this state.
2031	2031	(b) In addition to the other duties required of the Texas
2032	2032	Department of Motor Vehicles, the department shall administer and
2033	2033	enforce:
2034	2034	(1) Subtitle A;
2035	2035	(2) Subtitle E, Title 7;
2036	2036	(3) Chapters 642, 643, 645, 646, and 648;
2037	2037	(4) Chapters 2301 and 2302, Occupations Code; and
2038	2038	(5) Article 4413(37), Revised Statutes.
2039	2039	Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
2040	2040	is composed of an executive director appointed by the board and
2041	2041	other employees required to efficiently implement:
2042	2042	(1) this subtitle;
2043	2043	(2) other applicable vehicle laws of this state; and
2044	2044	(3) other laws that grant jurisdiction to or are
2045	2045	applicable to the department.
2046	2046	Sec. 1001.004. DIVISIONS. The board shall organize the
2047	2047	department into divisions to accomplish the department's functions
2048	2048	and the duties assigned to it, including divisions for:
2049	2049	(1) administration;
2050	2050	(2) automobile burglary and theft prevention;
2051	2051	(3) motor carriers;
2052	2052	(4) motor vehicle board; and
2053	2053	(5) vehicle titles and registration.
2054	2054	Sec. 1001.005. SUNSET PROVISION. The department is subject
2055	2055	to Chapter 325, Government Code (Texas Sunset Act). Unless
2056	2056	continued in existence as provided by that chapter, the department
2057	2057	is abolished September 1, 2015.
2058	2058	[Sections 1001.006-1001.020 reserved for expansion]
2059	2059	SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES
2060	2060	Sec. 1001.021. BOARD. (a) The board consists of seven
2061	2061	members appointed by the governor with the advice and consent of the
2062	2062	senate. Appointments to the board shall be made without regard to
2063	2063	the race, color, disability, sex, religion, age, or national origin
2064	2064	of the appointees.
2065	2065	(b) Two members shall be appointed to represent motor
2066	2066	vehicle dealers; one member shall be appointed to represent county
2067	2067	tax assessor-collectors; one member shall be appointed to represent
2068	2068	the motor carrier industry; one member shall be appointed to
2069	2069	represent law enforcement agencies; and two members shall be
2070	2070	appointed to represent the general public. The member appointed to
2071	2071	represent law enforcement agencies may not be a state employee.
2072	2072	(c) A person may not be a public member of the board if the
2073	2073	person or the person's spouse:
2074	2074	(1) is registered, certified, or licensed by the
2075	2075	department;
2076	2076	(2) is employed by or participates in the management
2077	2077	of a business entity or other organization regulated by or
2078	2078	receiving money from the department;
2079	2079	(3) owns or controls, directly or indirectly, more
2080	2080	than a 10 percent interest in a business entity or other
2081	2081	organization regulated by or receiving money from the department;
2082	2082	or
2083	2083	(4) uses or receives a substantial amount of tangible
2084	2084	goods, services, or money from the department other than
2085	2085	compensation or reimbursement authorized by law for board
2086	2086	membership, attendance, or expenses.
2087	2087	Sec. 1001.022. TERMS. Members of the board serve staggered
2088	2088	six-year terms, with the terms of either one or two members expiring
2089	2089	February 1 of each odd-numbered year.
2090	2090	Sec. 1001.023. PRESIDING OFFICER OF BOARD. (a) The
2091	2091	governor shall designate a member of the board as the presiding
2092	2092	officer of the board to serve in that capacity at the pleasure of
2093	2093	the governor.
2094	2094	(b) The presiding officer shall:
2095	2095	(1) preside over board meetings, make rulings on
2096	2096	motions and points of order, and determine the order of business;
2097	2097	(2) create subcommittees, appoint board members to
2098	2098	subcommittees, and receive the reports of subcommittees to the
2099	2099	board as a whole; and
2100	2100	(3) appoint a member of the board to act in the
2101	2101	presiding officer's absence.
2102	2102	Sec. 1001.024. BOARD MEETINGS. The board shall hold
2103	2103	regular meetings at least once a month and special meetings at the
2104	2104	call of the presiding officer. Board members shall attend the
2105	2105	meetings of the board. The presiding officer shall oversee the
2106	2106	preparation of an agenda for each meeting and ensure that a copy is
2107	2107	provided to each board member at least seven days before the
2108	2108	meeting.
2109	2109	Sec. 1001.025. COMPENSATION. A member of the board is not
2110	2110	entitled to compensation, but each member is entitled to
2111	2111	reimbursement for actual and necessary expenses as provided by the
2112	2112	General Appropriations Act.
2113	2113	Sec. 1001.026. GROUNDS FOR REMOVAL. (a) It is a ground for
2114	2114	removal from the board that a board member:
2115	2115	(1) does not have at the time of taking office the
2116	2116	qualifications required by Section 1001.021;
2117	2117	(2) does not maintain during service on the board the
2118	2118	qualifications required by Section 1001.021;
2119	2119	(3) is ineligible for membership under Section
2120	2120	1001.021(c), 1007.002, or 1007.003;
2121	2121	(4) cannot, because of illness or disability,
2122	2122	discharge the member's duties for a substantial part of the member's
2123	2123	term; or
2124	2124	(5) is absent from more than half of the regularly
2125	2125	scheduled board meetings that the member is eligible to attend
2126	2126	during a calendar year without an excuse approved by a majority
2127	2127	vote of the board.
2128	2128	(b) The validity of an action of the board is not affected by
2129	2129	the fact that it is taken when a ground for removal of a board member
2130	2130	exists.
2131	2131	(c) If the executive director of the department has
2132	2132	knowledge that a potential ground for removal exists, the executive
2133	2133	director shall notify the presiding officer of the board of the
2134	2134	potential ground. The presiding officer shall then notify the
2135	2135	governor and the attorney general that a potential ground for
2136	2136	removal exists. If the potential ground for removal involves the
2137	2137	presiding officer, the executive director shall notify the next
2138	2138	highest ranking officer of the board, who shall then notify the
2139	2139	governor and the attorney general that a potential ground for
2140	2140	removal exists.
2141	2141	Sec. 1001.027. TRAINING ON DEPARTMENT AND CERTAIN LAWS
2142	2142	RELATING TO DEPARTMENT. (a) A person who is appointed to and
2143	2143	qualifies for office as a member of the board may not vote,
2144	2144	deliberate, or be counted as a member in attendance at a meeting of
2145	2145	the board until the person completes a training program that
2146	2146	complies with this section.
2147	2147	(b) The training program must provide the person with
2148	2148	information regarding:
2149	2149	(1) the legislation that created the department;
2150	2150	(2) the programs, functions, rules, and budget of the
2151	2151	department;
2152	2152	(3) the results of the most recent formal audit of the
2153	2153	department;
2154	2154	(4) the requirements of laws relating to open
2155	2155	meetings, public information, administrative procedure, and
2156	2156	conflicts of interest; and
2157	2157	(5) any applicable ethics policies adopted by the
2158	2158	department or the Texas Ethics Commission.
2159	2159	(c) A person appointed to the board is entitled to
2160	2160	reimbursement, as provided by the General Appropriations Act, for
2161	2161	the travel expenses incurred in attending the training program
2162	2162	regardless of whether the attendance at the program occurs before
2163	2163	or after the person qualifies for office.
2164	2164	Sec. 1001.028. TECHNOLOGICAL SOLUTIONS. The board shall
2165	2165	implement a policy requiring the department to use appropriate
2166	2166	technological solutions to improve the department's ability to
2167	2167	perform its functions. The policy must ensure that the public is
2168	2168	able to interact with the department on the Internet.
2169	2169	Sec. 1001.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
2170	2170	RESOLUTION PROCEDURES. (a) The board shall develop and implement a
2171	2171	policy to encourage the use of:
2172	2172	(1) negotiated rulemaking procedures under Chapter
2173	2173	2008, Government Code, for the adoption of department rules; and
2174	2174	(2) appropriate alternative dispute resolution
2175	2175	procedures under Chapter 2009, Government Code, to assist in the
2176	2176	resolution of internal and external disputes under the department's
2177	2177	jurisdiction.
2178	2178	(b) The department's procedures relating to alternative
2179	2179	dispute resolution must conform, to the extent possible, to any
2180	2180	model guidelines issued by the State Office of Administrative
2181	2181	Hearings for the use of alternative dispute resolution by state
2182	2182	agencies.
2183	2183	(c) The board shall designate a trained person to:
2184	2184	(1) coordinate the implementation of the policy
2185	2185	adopted under Subsection (a);
2186	2186	(2) serve as a resource for any training needed to
2187	2187	implement the procedures for negotiated rulemaking or alternative
2188	2188	dispute resolution; and
2189	2189	(3) collect data concerning the effectiveness of those
2190	2190	procedures, as implemented by the department.
2191	2191	[Sections 1001.030-1001.040 reserved for expansion]
2192	2192	SUBCHAPTER C. PERSONNEL
2193	2193	Sec. 1001.041. DIVISION OF RESPONSIBILITIES. The board
2194	2194	shall develop and implement policies that clearly separate the
2195	2195	policymaking responsibilities of the board and the management
2196	2196	responsibilities of the executive director and the staff of the
2197	2197	department.
2198	2198	CHAPTER 1002. RULES
2199	2199	Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board may
2200	2200	adopt any rules necessary and appropriate to implement the powers
2201	2201	and duties of the department under this code and other laws of this
2202	2202	state.
2203	2203	[Chapters 1003-1005 reserved for expansion]
2204	2204	CHAPTER 1006. PUBLIC ACCESS
2205	2205	Sec. 1006.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
2206	2206	department shall prepare and maintain a written plan that describes
2207	2207	how a person who does not speak English may be provided reasonable
2208	2208	access to the department's programs.
2209	2209	(b) The department shall comply with federal and state laws
2210	2210	for program and facility accessibility.
2211	2211	Sec. 1006.002. PUBLIC COMMENT. The board shall develop and
2212	2212	implement policies that provide the public with a reasonable
2213	2213	opportunity to appear before the board and to speak on any issue
2214	2214	under the jurisdiction of the department.
2215	2215	Sec. 1006.003. COMPLAINT PROCEDURES. (a) The department
2216	2216	shall maintain a system to promptly and efficiently act on
2217	2217	complaints filed with the department. The department shall
2218	2218	maintain information about parties to the complaint, the subject
2219	2219	matter of the complaint, a summary of the results of the review or
2220	2220	investigation of the complaint, and its disposition.
2221	2221	(b) The department shall make information available
2222	2222	describing its procedures for complaint investigation and
2223	2223	resolution.
2224	2224	(c) The department shall periodically notify the complaint
2225	2225	parties of the status of the complaint until final disposition.
2226	2226	CHAPTER 1007. STANDARDS OF CONDUCT
2227	2227	Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL
2228	2228	CONDUCT. The board, the executive director, and each employee or
2229	2229	agent of the department is subject to the code of ethics and the
2230	2230	standard of conduct imposed by Chapter 572, Government Code, and
2231	2231	any other law regulating the ethical conduct of state officers and
2232	2232	employees.
2233	2233	Sec. 1007.002. CONFLICTS OF INTEREST. (a) In this section,
2234	2234	"Texas trade association" means a cooperative and voluntarily
2235	2235	joined statewide association of business or professional
2236	2236	competitors in this state designed to assist its members and its
2237	2237	industry or profession in dealing with mutual business or
2238	2238	professional problems and in promoting their common interest.
2239	2239	(b) A person may not be a member of the board and may not be a
2240	2240	department employee employed in a "bona fide executive,
2241	2241	administrative, or professional capacity," as that phrase is used
2242	2242	for purposes of establishing an exemption to the overtime
2243	2243	provisions of the federal Fair Labor Standards Act of 1938 (29
2244	2244	U.S.C. Section 201 et seq.) if:
2245	2245	(1) the person is an officer, employee, or paid
2246	2246	consultant of a Texas trade association in the motor vehicle or
2247	2247	motor carrier industry or of a tax assessor-collector or law
2248	2248	enforcement trade association; or
2249	2249	(2) the person's spouse is an officer, manager, or paid
2250	2250	consultant of a Texas trade association in the motor vehicle or
2251	2251	motor carrier industry or of a tax assessor-collector or law
2252	2252	enforcement trade association.
2253	2253	(c) A person may not be a member of the board or act as the
2254	2254	general counsel to the board or the department if the person is
2255	2255	required to register as a lobbyist under Chapter 305, Government
2256	2256	Code, because of the person's activities for compensation on behalf
2257	2257	of a profession related to the operation of the department.
2258	2258	Sec. 1007.003. LOBBYING ACTIVITIES. A person may not serve
2259	2259	as the executive director or act as the general counsel to the
2260	2260	department if the person is required to register as a lobbyist under
2261	2261	Chapter 305, Government Code, because of the person's activities
2262	2262	for compensation on behalf of an occupation related to the
2263	2263	operation of the department.
2264	2264	PART 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT OF
2265	2265	TRANSPORTATION
2266	2266	SUBPART A. GENERAL PROVISIONS AND ADMINISTRATION
2267	2267	SECTION 8.2A.01. Section 201.931(2), Transportation Code,
2268	2268	is amended to read as follows:
2269	2269	(2) "License" includes[:
2270	2270	[(A) a permit issued by the department that
2271	2271	authorizes the operation of a vehicle and its load or a combination
2272	2272	of vehicles and load exceeding size or weight limitations;
2273	2273	[(B) a motor carrier registration issued under
2274	2274	Chapter 643;
2275	2275	[(C) a vehicle storage facility license issued
2276	2276	under Chapter 2303, Occupations Code;
2277	2277	[(D)] a license or permit for outdoor advertising
2278	2278	issued under Chapter 391 or 394[;
2279	2279	[(E) a salvage vehicle dealer or agent license
2280	2280	issued under Chapter 2302, Occupations Code;
2281	2281	[(F) specially designated or specialized license
2282	2282	plates issued under Subchapters E and F, Chapter 502; and
2283	2283	[(G) an apportioned registration issued
2284	2284	according to the International Registration Plan under Section
2285	2285	502.054].
2286	2286	SUBPART B. STATE HIGHWAY TOLL PROJECTS
2287	2287	SECTION 8.2B.01. Sections 228.055(b) and (h),
2288	2288	Transportation Code, are amended to read as follows:
2289	2289	(b) The department may impose and collect the
2290	2290	administrative fee, so as to recover the cost of collecting the
2291	2291	unpaid toll, not to exceed $100. The department shall send a
2292	2292	written notice of nonpayment to the registered owner of the vehicle
2293	2293	at that owner's address as shown in the vehicle registration
2294	2294	records of the Texas Department of Motor Vehicles [department] by
2295	2295	first class mail and may require payment not sooner than the 30th
2296	2296	day after the date the notice was mailed. The registered owner
2297	2297	shall pay a separate toll and administrative fee for each event of
2298	2298	nonpayment under Section 228.054.
2299	2299	(h) In this section, "registered owner" means the owner of a
2300	2300	vehicle as shown on the vehicle registration records of the Texas
2301	2301	Department of Motor Vehicles [department] or the analogous
2302	2302	department or agency of another state or country.
2303	2303	SECTION 8.2B.02. Section 228.056(b), Transportation Code,
2304	2304	is amended to read as follows:
2305	2305	(b) In the prosecution of an offense under Section
2306	2306	228.055(c), (d), or (e):
2307	2307	(1) it is presumed that the notice of nonpayment was
2308	2308	received on the fifth day after the date of mailing;
2309	2309	(2) a computer record of the Texas Department of Motor
2310	2310	Vehicles [department] of the registered owner of the vehicle is
2311	2311	prima facie evidence of its contents and that the defendant was the
2312	2312	registered owner of the vehicle when the underlying event of
2313	2313	nonpayment under Section 228.054 occurred; and
2314	2314	(3) a copy of the rental, lease, or other contract
2315	2315	document covering the vehicle on the date of the underlying event of
2316	2316	nonpayment under Section 228.054 is prima facie evidence of its
2317	2317	contents and that the defendant was the lessee of the vehicle when
2318	2318	the underlying event of nonpayment under Section 228.054 occurred.
2319	2319	SUBPART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
2320	2320	HIGHWAYS IN CERTAIN COUNTIES
2321	2321	SECTION 8.2C.01. Sections 284.0701(b), (e), and (h),
2322	2322	Transportation Code, are amended to read as follows:
2323	2323	(b) The county may impose and collect the administrative
2324	2324	cost so as to recover the expense of collecting the unpaid toll, not
2325	2325	to exceed $100. The county shall send a written notice of
2326	2326	nonpayment to the registered owner of the vehicle at that owner's
2327	2327	address as shown in the vehicle registration records of the Texas
2328	2328	Department of Motor Vehicles [department] by first-class mail not
2329	2329	later than the 30th day after the date of the alleged failure to pay
2330	2330	and may require payment not sooner than the 30th day after the date
2331	2331	the notice was mailed. The registered owner shall pay a separate
2332	2332	toll and administrative cost for each event of nonpayment under
2333	2333	Section 284.070.
2334	2334	(e) It is an exception to the application of Subsection (a)
2335	2335	or (c) if the registered owner of the vehicle transferred ownership
2336	2336	of the vehicle to another person before the event of nonpayment
2337	2337	under Section 284.070 occurred, submitted written notice of the
2338	2338	transfer to the Texas Department of Motor Vehicles [department] in
2339	2339	accordance with Section 520.023, and before the 30th day after the
2340	2340	date the notice of nonpayment is mailed, provides to the county the
2341	2341	name and address of the person to whom the vehicle was transferred.
2342	2342	If the former owner of the vehicle provides the required
2343	2343	information within the period prescribed, the county may send a
2344	2344	notice of nonpayment to the person to whom ownership of the vehicle
2345	2345	was transferred at the address provided by the former owner by
2346	2346	first-class mail before the 30th day after the date of receipt of
2347	2347	the required information from the former owner. The subsequent
2348	2348	owner of the vehicle for which the proper toll was not paid who is
2349	2349	mailed a written notice of nonpayment under this subsection and
2350	2350	fails to pay the proper toll and administrative cost within the time
2351	2351	specified by the notice of nonpayment commits an offense. The
2352	2352	subsequent owner shall pay a separate toll and administrative cost
2353	2353	for each event of nonpayment under Section 284.070. Each failure to
2354	2354	pay a toll or administrative cost under this subsection is a
2355	2355	separate offense.
2356	2356	(h) In this section, "registered owner" means the owner of a
2357	2357	vehicle as shown on the vehicle registration records of the Texas
2358	2358	Department of Motor Vehicles [department] or the analogous
2359	2359	department or agency of another state or country.
2360	2360	SUBPART D. CERTIFICATE OF TITLE ACT
2361	2361	SECTION 8.2D.01. Section 501.002(3), Transportation Code,
2362	2362	is amended to read as follows:
2363	2363	(3) "Department" means the Texas Department of Motor
2364	2364	Vehicles [Transportation].
2365	2365	SUBPART E. REGISTRATION OF VEHICLES
2366	2366	SECTION 8.2E.01. Section 502.001(3), Transportation Code,
2367	2367	is amended to read as follows:
2368	2368	(3) "Department" means the Texas Department of Motor
2369	2369	Vehicles [Transportation].
2370	2370	SECTION 8.2E.02. Sections 502.053(a) and (b),
2371	2371	Transportation Code, are amended to read as follows:
2372	2372	(a) The department [Texas Department of Transportation]
2373	2373	shall reimburse the Texas Department of Criminal Justice for the
2374	2374	cost of manufacturing license plates or registration insignia as
2375	2375	the license plates or insignia and the invoice for the license
2376	2376	plates or insignia are delivered to the department [Texas
2377	2377	Department of Transportation].
2378	2378	(b) When manufacturing is started, the Texas Department of
2379	2379	Criminal Justice, the department [Texas Department of
2380	2380	Transportation], and the comptroller, after negotiation, shall set
2381	2381	the price to be paid for each license plate or insignia. The price
2382	2382	must be determined from:
2383	2383	(1) the cost of metal, paint, and other materials
2384	2384	purchased;
2385	2385	(2) the inmate maintenance cost per day;
2386	2386	(3) overhead expenses;
2387	2387	(4) miscellaneous charges; and
2388	2388	(5) a previously approved amount of profit for the
2389	2389	work.
2390	2390	SUBPART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
2391	2391	SECTION 8.2F.01. Section 503.001(5), Transportation Code,
2392	2392	is amended to read as follows:
2393	2393	(5) "Department" means the Texas Department of Motor
2394	2394	Vehicles [Transportation].
2395	2395	SECTION 8.2F.02. Section 503.003, Transportation Code, is
2396	2396	amended to read as follows:
2397	2397	Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
2398	2398	TRAILER. This chapter does not prohibit the display or sale of a
2399	2399	nonmotorized vehicle or trailer at a regularly scheduled vehicle or
2400	2400	boat show with multiple vendors in accordance with [commission]
2401	2401	rules of the board of the Texas Department of Motor Vehicles.
2402	2402	SECTION 8.2F.03. Section 503.009(c), Transportation Code,
2403	2403	is amended to read as follows:
2404	2404	(c) A decision or final order issued under this section is
2405	2405	final and may not be appealed, as a matter of right, to the board of
2406	2406	the Texas Department of Motor Vehicles [commission].
2407	2407	SECTION 8.2F.04. Sections 503.010 and 503.011,
2408	2408	Transportation Code, are amended to read as follows:
2409	2409	Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER,
2410	2410	LICENSE, OR LICENSE PLATE. Each general distinguishing number,
2411	2411	license, or license plate issued under this chapter is valid for the
2412	2412	period prescribed by the board of the Texas Department of Motor
2413	2413	Vehicles [commission].
2414	2414	Sec. 503.011. PRORATING FEES. If the board of the Texas
2415	2415	Department of Motor Vehicles [commission] prescribes the term of a
2416	2416	general distinguishing number, license, or license plate under this
2417	2417	chapter for a period other than one year, the board of the Texas
2418	2418	Department of Motor Vehicles [commission] shall prorate the
2419	2419	applicable annual fee required under this chapter as necessary to
2420	2420	reflect the term of the number, license, or license plate.
2421	2421	SECTION 8.2F.05. Section 503.031(a), Transportation Code,
2422	2422	is amended to read as follows:
2423	2423	(a) An applicant for a drive-a-way in-transit license must
2424	2424	submit to the board of the Texas Department of Motor Vehicles
2425	2425	[commission] an application containing the information required by
2426	2426	the board of the Texas Department of Motor Vehicles [commission].
2427	2427	SECTION 8.2F.06. Section 503.001(2), Transportation Code,
2428	2428	is repealed.
2429	2429	SUBPART G. MISCELLANEOUS PROVISIONS
2430	2430	SECTION 8.2G.01. Section 520.001, Transportation Code, is
2431	2431	amended to read as follows:
2432	2432	Sec. 520.001. DEFINITION. In this chapter, "department"
2433	2433	means the Texas Department of Motor Vehicles [Transportation].
2434	2434	SUBPART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
2435	2435	SECTION 8.2H.01. Section 551.302, Transportation Code, is
2436	2436	amended to read as follows:
2437	2437	Sec. 551.302. REGISTRATION. The Texas Department of Motor
2438	2438	Vehicles [Transportation] may adopt rules relating to the
2439	2439	registration and issuance of license plates to neighborhood
2440	2440	electric vehicles.
2441	2441	SUBPART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
2442	2442	SECTION 8.2I.01. Section 601.023, Transportation Code, is
2443	2443	amended to read as follows:
2444	2444	Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
2445	2445	may pay:
2446	2446	(1) a statutory fee required by the Texas Department
2447	2447	of Motor Vehicles [Transportation] for a certified abstract or in
2448	2448	connection with suspension of a vehicle registration; or
2449	2449	(2) a statutory fee payable to the comptroller for
2450	2450	issuance of a certificate of deposit required by Section 601.122.
2451	2451	SECTION 8.2I.02. Section 601.451, Transportation Code, as
2452	2452	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
2453	2453	Regular Session, 2005, is amended to read as follows:
2454	2454	Sec. 601.451. DEFINITION. In this subchapter,
2455	2455	"implementing agencies" means:
2456	2456	(1) the department;
2457	2457	(2) the Texas Department of Motor Vehicles
2458	2458	[Transportation];
2459	2459	(3) the Texas Department of Insurance; and
2460	2460	(4) the Department of Information Resources.
2461	2461	SECTION 8.2I.03. Subchapter N, Chapter 601, Transportation
2462	2462	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
2463	2463	Legislature, Regular Session, 2003, is repealed.
2464	2464	SUBPART J. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
2465	2465	SECTION 8.2J.01. Sections 621.001(2), (3), and (4),
2466	2466	Transportation Code, are amended to read as follows:
2467	2467	(2) "Board" ["Commission"] means the board of the
2468	2468	Texas Department of Motor Vehicles [Transportation Commission].
2469	2469	(3) "Department" means the Texas Department of Motor
2470	2470	Vehicles [Transportation].
2471	2471	(4) "Commissioner" ["Director"] means the
2472	2472	commissioner of motor vehicles [executive director of the Texas
2473	2473	Department of Transportation].
2474	2474	SECTION 8.2J.02. Section 621.003(a), Transportation Code,
2475	2475	is amended to read as follows:
2476	2476	(a) The board [commission] by rule may authorize the
2477	2477	commissioner [director] to enter into with the proper authority of
2478	2478	another state an agreement that authorizes:
2479	2479	(1) the authority of the other state to issue on behalf
2480	2480	of the department to the owner or operator of a vehicle, or
2481	2481	combination of vehicles, that exceeds the weight or size limits
2482	2482	allowed by this state a permit that authorizes the operation or
2483	2483	transportation on a highway in this state of the vehicle or
2484	2484	combination of vehicles; and
2485	2485	(2) the department to issue on behalf of the authority
2486	2486	of the other state to the owner or operator of a vehicle, or
2487	2487	combination of vehicles, that exceeds the weight or size limits
2488	2488	allowed by that state a permit that authorizes the operation or
2489	2489	transportation on a highway of that state of the vehicle or
2490	2490	combination of vehicles.
2491	2491	SECTION 8.2J.03. Section 621.004, Transportation Code, is
2492	2492	amended to read as follows:
2493	2493	Sec. 621.004. ADMISSIBILITY OF CERTIFICATE OF VERTICAL
2494	2494	CLEARANCE. In each civil or criminal proceeding in which a
2495	2495	violation of this chapter may be an issue, a certificate of the
2496	2496	vertical clearance of a structure, including a bridge or underpass,
2497	2497	signed by the commissioner [director] is admissible in evidence for
2498	2498	all purposes.
2499	2499	SECTION 8.2J.04. Subchapter A, Chapter 621, Transportation
2500	2500	Code, is amended by adding Section 621.008 to read as follows:
2501	2501	Sec. 621.008. STUDY REGARDING OVERSIZE AND OVERWEIGHT
2502	2502	VEHICLES. (a) In this section, "division" means the motor carrier
2503	2503	division of the Texas Department of Motor Vehicles.
2504	2504	(b) The division shall conduct a study to determine
2505	2505	improvements to the regulation of oversize and overweight vehicles.
2506	2506	(c) In conducting the study, the division shall consider:
2507	2507	(1) prohibiting overweight vehicles or vehicle
2508	2508	combinations from traveling on state highways if the vehicle or
2509	2509	combination will cause damage to a road or bridge, based on the
2510	2510	weight or load specifications to which the road or bridge was built;
2511	2511	(2) requiring each applicant for a permit under
2512	2512	Chapter 623 to pay a graduated highway maintenance fee based on
2513	2513	weight and the amount of damage done by the permitted vehicle or
2514	2514	vehicle combination to roads and bridges;
2515	2515	(3) requiring each fee collected for an overweight or
2516	2516	oversize vehicle permit to be deposited in the state highway fund;
2517	2517	and
2518	2518	(4) eliminating all exemptions for overweight
2519	2519	vehicles.
2520	2520	(d) Not later than September 1, 2010, the division shall
2521	2521	report the results of the study conducted under this section to the
2522	2522	governor, the lieutenant governor, the speaker of the house of
2523	2523	representatives, and the appropriate oversight committee of each
2524	2524	house of the legislature.
2525	2525	(e) This section expires September 1, 2011.
2526	2526	SECTION 8.2J.05. Section 621.102, Transportation Code, is
2527	2527	amended to read as follows:
2528	2528	Sec. 621.102. BOARD'S [COMMISSION'S] AUTHORITY TO SET
2529	2529	MAXIMUM WEIGHTS. (a) The board [commission] may set the maximum
2530	2530	single axle weight, tandem axle weight, or gross weight of a
2531	2531	vehicle, or maximum single axle weight, tandem axle weight, or
2532	2532	gross weight of a combination of vehicles and loads, that may be
2533	2533	moved over a state highway or a farm or ranch road if the board
2534	2534	[commission] finds that heavier maximum weight would rapidly
2535	2535	deteriorate or destroy the road or a bridge or culvert along the
2536	2536	road. A maximum weight set under this subsection may not exceed the
2537	2537	maximum set by statute for that weight.
2538	2538	(b) The board [commission] must set a maximum weight under
2539	2539	this section by order entered in its minutes.
2540	2540	(c) The board [commission] must make the finding under this
2541	2541	section on an engineering and traffic investigation and in making
2542	2542	the finding shall consider the width, condition, and type of
2543	2543	pavement structures and other circumstances on the road.
2544	2544	(d) A maximum weight or load set under this section becomes
2545	2545	effective on a highway or road when appropriate signs giving notice
2546	2546	of the maximum weight or load are erected on the highway or road
2547	2547	under order of the board [commission].
2548	2548	(e) A vehicle operating under a permit issued under Section
2549	2549	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
2550	2550	623.212 may operate under the conditions authorized by the permit
2551	2551	over a road for which the board [commission] has set a maximum
2552	2552	weight under this section.
2553	2553	(f) For the purpose of this section, a farm or ranch road is
2554	2554	a state highway that is shown in the records of the board
2555	2555	[commission] to be a farm-to-market or ranch-to-market road.
2556	2556	(g) This section does not apply to a vehicle delivering
2557	2557	groceries, farm products, or liquefied petroleum gas.
2558	2558	SECTION 8.2J.06. The heading to Section 621.202,
2559	2559	Transportation Code, is amended to read as follows:
2560	2560	Sec. 621.202. BOARD'S [COMMISSION'S] AUTHORITY TO SET
2561	2561	MAXIMUM WIDTH.
2562	2562	SECTION 8.2J.07. Section 621.202(a), Transportation Code,
2563	2563	is amended to read as follows:
2564	2564	(a) To comply with safety and operational requirements of
2565	2565	federal law, the board [commission] by order may set the maximum
2566	2566	width of a vehicle, including the load on the vehicle, at eight feet
2567	2567	for a designated highway or segment of a highway if the results of
2568	2568	an engineering and traffic study that includes an analysis of
2569	2569	structural capacity of bridges and pavements, traffic volume,
2570	2570	unique climatic conditions, and width of traffic lanes support the
2571	2571	change.
2572	2572	SECTION 8.2J.08. Section 621.301(b), Transportation Code,
2573	2573	is amended to read as follows:
2574	2574	(b) The commissioners court may limit the maximum weights to
2575	2575	be moved on or over a county road, bridge, or culvert by exercising
2576	2576	its authority under this subsection in the same manner and under the
2577	2577	same conditions provided by Section 621.102 for the board
2578	2578	[commission] to limit maximum weights on highways and roads to
2579	2579	which that section applies.
2580	2580	SECTION 8.2J.09. Section 621.352(a), Transportation Code,
2581	2581	is amended to read as follows:
2582	2582	(a) The board [commission] by rule may establish fees for
2583	2583	the administration of Section 621.003 in an amount that, when added
2584	2584	to the other fees collected by the department, does not exceed the
2585	2585	amount sufficient to recover the actual cost to the department of
2586	2586	administering that section. An administrative fee collected under
2587	2587	this section shall be sent to the comptroller for deposit to the
2588	2588	credit of the state highway fund and may be appropriated only to the
2589	2589	department for the administration of Section 621.003.
2590	2590	SECTION 8.2J.10. Section 621.356, Transportation Code, is
2591	2591	amended to read as follows:
2592	2592	Sec. 621.356. FORM OF PAYMENT. The board [commission] may
2593	2593	adopt rules prescribing the method for payment of a fee for a permit
2594	2594	issued by the department that authorizes the operation of a vehicle
2595	2595	and its load or a combination of vehicles and load exceeding size or
2596	2596	weight limitations. The rules may:
2597	2597	(1) authorize the use of electronic funds transfer or
2598	2598	a credit card issued by:
2599	2599	(A) a financial institution chartered by a state
2600	2600	or the federal government; or
2601	2601	(B) a nationally recognized credit organization
2602	2602	approved by the board [commission]; and
2603	2603	(2) require the payment of a discount or service
2604	2604	charge for a credit card payment in addition to the fee.
2605	2605	SUBPART K. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR
2606	2606	OVERWEIGHT VEHICLES
2607	2607	SECTION 8.2K.01. Section 622.001, Transportation Code, is
2608	2608	amended to read as follows:
2609	2609	Sec. 622.001. DEFINITION. In this chapter, "department"
2610	2610	means the Texas Department of Motor Vehicles [Transportation].
2611	2611	SECTION 8.2K.02. Section 622.101(a), Transportation Code,
2612	2612	is amended to read as follows:
2613	2613	(a) A single motor vehicle used exclusively to transport
2614	2614	chile pepper modules, seed cotton, cotton, cotton burrs, or
2615	2615	equipment used to transport or process chile pepper modules or
2616	2616	cotton, including a motor vehicle or burr spreader, may not be
2617	2617	operated on a highway or road if the vehicle is:
2618	2618	(1) wider than 10 feet and the highway has not been
2619	2619	designated by the board [commission] under Section 621.202;
2620	2620	(2) longer than 48 feet; or
2621	2621	(3) higher than 14 feet 6 inches.
2622	2622	SUBPART L. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES
2623	2623	SECTION 8.2L.01. Section 623.001, Transportation Code, is
2624	2624	amended by amending Subdivision (1) and adding Subdivision (4) to
2625	2625	read as follows:
2626	2626	(1) "Department" means the Texas Department of Motor
2627	2627	Vehicles [Transportation].
2628	2628	(4) "Board" means the board of the Texas Department of
2629	2629	Motor Vehicles.
2630	2630	SECTION 8.2L.02. Section 623.051, Transportation Code, is
2631	2631	amended to read as follows:
2632	2632	Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT
2633	2633	VEHICLE TO CROSS ROAD; SURETY BOND. (a) A person may operate a
2634	2634	vehicle that cannot comply with one or more of the restrictions of
2635	2635	Subchapter C of Chapter 621 or Section 621.101 to cross the width of
2636	2636	any road or highway under the jurisdiction of the department, other
2637	2637	than a controlled access highway as defined by Section 203.001,
2638	2638	from private property to other private property if the person
2639	2639	contracts with the Texas Transportation Commission [commission] to
2640	2640	indemnify the department for the cost of maintenance and repair of
2641	2641	the part of the highway crossed by the vehicle.
2642	2642	(b) The Texas Transportation Commission [commission] shall
2643	2643	adopt rules relating to the forms and procedures to be used under
2644	2644	this section and other matters that the commission considers
2645	2645	necessary to carry out this section.
2646	2646	(c) To protect the safety of the traveling public, minimize
2647	2647	any delays and inconveniences to the operators of vehicles in
2648	2648	regular operation, and assure payment for the added wear on the
2649	2649	highways in proportion to the reduction of service life, the Texas
2650	2650	Transportation Commission [commission], in adopting rules under
2651	2651	this section, shall consider:
2652	2652	(1) the safety and convenience of the general
2653	2653	traveling public;
2654	2654	(2) the suitability of the roadway and subgrade on the
2655	2655	road or highway to be crossed, variation in soil grade prevalent in
2656	2656	the different regions of the state, and the seasonal effects on
2657	2657	highway load capacity, the highway shoulder design, and other
2658	2658	highway geometrics; and
2659	2659	(3) the state's investment in its highway system.
2660	2660	(d) Before exercising any right under a contract under this
2661	2661	section, a person must execute with a corporate surety authorized
2662	2662	to do business in this state a surety bond in an amount determined
2663	2663	by the Texas Transportation Commission [commission] to compensate
2664	2664	for the cost of maintenance and repairs as provided by this section.
2665	2665	The bond must be approved by the comptroller and the attorney
2666	2666	general and must be conditioned on the person fulfilling the
2667	2667	obligations of the contract.
2668	2668	SECTION 8.2L.03. Sections 623.076(b) and (c),
2669	2669	Transportation Code, are amended to read as follows:
2670	2670	(b) The board [Texas Transportation Commission] may adopt
2671	2671	rules for the payment of a fee under Subsection (a). The rules may:
2672	2672	(1) authorize the use of electronic funds transfer;
2673	2673	(2) authorize the use of a credit card issued by:
2674	2674	(A) a financial institution chartered by a state
2675	2675	or the United States; or
2676	2676	(B) a nationally recognized credit organization
2677	2677	approved by the board [Texas Transportation Commission]; and
2678	2678	(3) require the payment of a discount or service
2679	2679	charge for a credit card payment in addition to the fee prescribed
2680	2680	by Subsection (a).
2681	2681	(c) An application for a permit under Section 623.071(c)(3)
2682	2682	or (d) must be accompanied by the permit fee established by the
2683	2683	board [commission] for the permit, not to exceed $7,000. Of each
2684	2684	fee collected under this subsection, the department shall send:
2685	2685	(1) the first $1,000 to the comptroller for deposit to
2686	2686	the credit of the general revenue fund; and
2687	2687	(2) any amount in excess of $1,000 to the comptroller
2688	2688	for deposit to the credit of the state highway fund.
2689	2689	SECTION 8.2L.04. Sections 623.145, 623.146, 623.195,
2690	2690	623.196, 623.232, and 623.239, Transportation Code, are amended to
2691	2691	read as follows:
2692	2692	Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
2693	2693	board [Texas Transportation Commission] by rule shall provide for
2694	2694	the issuance of permits under this subchapter. The rules must
2695	2695	include each matter the board [commission] determines necessary to
2696	2696	implement this subchapter and:
2697	2697	(1) requirements for forms and procedures used in
2698	2698	applying for a permit;
2699	2699	(2) conditions with regard to route and time of
2700	2700	movement;
2701	2701	(3) requirements for flags, flaggers, and warning
2702	2702	devices;
2703	2703	(4) the fee for a permit; and
2704	2704	(5) standards to determine whether a permit is to be
2705	2705	issued for one trip only or for a period established by the board
2706	2706	[commission].
2707	2707	(b) In adopting a rule or establishing a fee, the board
2708	2708	[commission] shall consider and be guided by:
2709	2709	(1) the state's investment in its highway system;
2710	2710	(2) the safety and convenience of the general
2711	2711	traveling public;
2712	2712	(3) the registration or license fee paid on the
2713	2713	vehicle for which the permit is requested;
2714	2714	(4) the fees paid by vehicles operating within legal
2715	2715	limits;
2716	2716	(5) the suitability of roadways and subgrades on the
2717	2717	various classes of highways of the system;
2718	2718	(6) the variation in soil grade prevalent in the
2719	2719	different regions of the state;
2720	2720	(7) the seasonal effects on highway load capacity;
2721	2721	(8) the highway shoulder design and other highway
2722	2722	geometrics;
2723	2723	(9) the load capacity of the highway bridges;
2724	2724	(10) administrative costs;
2725	2725	(11) added wear on highways; and
2726	2726	(12) compensation for inconvenience and necessary
2727	2727	delays to highway users.
2728	2728	Sec. 623.146. VIOLATION OF RULE. A permit under this
2729	2729	subchapter is void on the failure of an owner or the owner's
2730	2730	representative to comply with a rule of the board [commission] or
2731	2731	with a condition placed on the permit, and immediately on the
2732	2732	violation, further movement over the highway of an oversize or
2733	2733	overweight vehicle violates the law regulating the size or weight
2734	2734	of a vehicle on a public highway.
2735	2735	Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
2736	2736	board [Texas Transportation Commission] by rule shall provide for
2737	2737	the issuance of a permit under this subchapter. The rules must
2738	2738	include each matter the board [commission] determines necessary to
2739	2739	implement this subchapter and:
2740	2740	(1) requirements for forms and procedures used in
2741	2741	applying for a permit;
2742	2742	(2) conditions with regard to route and time of
2743	2743	movement;
2744	2744	(3) requirements for flags, flaggers, and warning
2745	2745	devices;
2746	2746	(4) the fee for a permit; and
2747	2747	(5) standards to determine whether a permit is to be
2748	2748	issued for one trip only or for a period established by the board
2749	2749	[commission].
2750	2750	(b) In adopting a rule or establishing a fee, the board
2751	2751	[commission] shall consider and be guided by:
2752	2752	(1) the state's investment in its highway system;
2753	2753	(2) the safety and convenience of the general
2754	2754	traveling public;
2755	2755	(3) the registration or license fee paid on the
2756	2756	vehicle for which the permit is requested;
2757	2757	(4) the fees paid by vehicles operating within legal
2758	2758	limits;
2759	2759	(5) the suitability of roadways and subgrades on the
2760	2760	various classes of highways of the system;
2761	2761	(6) the variation in soil grade prevalent in the
2762	2762	different regions of the state;
2763	2763	(7) the seasonal effects on highway load capacity;
2764	2764	(8) the highway shoulder design and other highway
2765	2765	geometrics;
2766	2766	(9) the load capacity of highway bridges;
2767	2767	(10) administrative costs;
2768	2768	(11) added wear on highways; and
2769	2769	(12) compensation for inconvenience and necessary
2770	2770	delays to highway users.
2771	2771	Sec. 623.196. VIOLATION OF RULE. A permit under this
2772	2772	subchapter is void on the failure of an owner or the owner's
2773	2773	representative to comply with a rule of the board [commission] or
2774	2774	with a condition placed on the permit, and immediately on the
2775	2775	violation, further movement over a highway of an oversize or
2776	2776	overweight vehicle violates the law regulating the size or weight
2777	2777	of a vehicle on a public highway.
2778	2778	Sec. 623.232. ISSUANCE OF PERMITS. The board [Texas
2779	2779	Transportation Commission] may authorize the district to issue
2780	2780	permits for the movement of oversize or overweight vehicles
2781	2781	carrying cargo on state highways located in Victoria County.
2782	2782	Sec. 623.239. RULES. The board [Texas Transportation
2783	2783	Commission] may adopt rules necessary to implement this subchapter.
2784	2784	SECTION 8.2L.05. Section 623.252(a), Transportation Code,
2785	2785	is amended to read as follows:
2786	2786	(a) The board [Texas Transportation Commission] may
2787	2787	authorize the county to issue permits for the movement of oversize
2788	2788	or overweight vehicles carrying cargo on state highways located in
2789	2789	Chambers County.
2790	2790	SECTION 8.2L.06. Section 623.259, Transportation Code, is
2791	2791	amended to read as follows:
2792	2792	Sec. 623.259. RULES. The board [Texas Transportation
2793	2793	Commission] may adopt rules necessary to implement this subchapter.
2794	2794	SUBPART M. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR
2795	2795	VEHICLES
2796	2796	SECTION 8.2M.01. Section 642.002(d), Transportation Code,
2797	2797	is amended to read as follows:
2798	2798	(d) The Texas Department of Motor Vehicles [Transportation]
2799	2799	by rule may prescribe additional requirements regarding the form of
2800	2800	the markings required by Subsection (a)(2) that are not
2801	2801	inconsistent with that subsection.
2802	2802	SUBPART N. MOTOR CARRIER REGISTRATION
2803	2803	SECTION 8.2N.01. Section 643.001(1), Transportation Code,
2804	2804	is amended to read as follows:
2805	2805	(1) "Department" means the Texas Department of Motor
2806	2806	Vehicles [Transportation].
2807	2807	SUBPART O. SINGLE STATE REGISTRATION
2808	2808	SECTION 8.2O.01. Section 645.001, Transportation Code, is
2809	2809	amended to read as follows:
2810	2810	Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
2811	2811	Texas Department of Motor Vehicles [Transportation] may, to the
2812	2812	fullest extent practicable, participate in a federal motor carrier
2813	2813	registration program under the unified carrier registration system
2814	2814	as defined by Section 643.001 or a [the] single state registration
2815	2815	system established under federal law [49 U.S.C. Section 14504].
2816	2816	SUBPART P. MOTOR TRANSPORTATION BROKERS
2817	2817	SECTION 8.2P.01. Section 646.003(a), Transportation Code,
2818	2818	is amended to read as follows:
2819	2819	(a) A person may not act as a motor transportation broker
2820	2820	unless the person provides a bond to the Texas Department of Motor
2821	2821	Vehicles [Transportation].
2822	2822	SUBPART Q. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
2823	2823	SECTION 8.2Q.01. Section 648.002, Transportation Code, is
2824	2824	amended to read as follows:
2825	2825	Sec. 648.002. RULES. In addition to rules required by this
2826	2826	chapter, the Texas Department of Motor Vehicles [Transportation],
2827	2827	the Department of Public Safety, and the Texas Department of
2828	2828	Insurance may adopt other rules to carry out this chapter.
2829	2829	SUBPART R. ABANDONED MOTOR VEHICLES
2830	2830	SECTION 8.2R.01. Section 683.001(1), Transportation Code,
2831	2831	is amended to read as follows:
2832	2832	(1) "Department" means the Texas Department of Motor
2833	2833	Vehicles [Transportation].
2834	2834	SUBPART S. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
2835	2835	SECTION 8.2S.01. Section 702.001(1), Transportation Code,
2836	2836	is amended to read as follows:
2837	2837	(1) "Department" means the Texas Department of Motor
2838	2838	Vehicles [Transportation].
2839	2839	SUBPART T. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
2840	2840	SECTION 8.2T.01. Section 707.001(2), Transportation Code,
2841	2841	is amended to read as follows:
2842	2842	(2) "Owner of a motor vehicle" means the owner of a
2843	2843	motor vehicle as shown on the motor vehicle registration records of
2844	2844	the Texas Department of Motor Vehicles [Transportation] or the
2845	2845	analogous department or agency of another state or country.
2846	2846	SECTION 8.2T.02. Section 707.011(b), Transportation Code,
2847	2847	is amended to read as follows:
2848	2848	(b) Not later than the 30th day after the date the violation
2849	2849	is alleged to have occurred, the designated department, agency, or
2850	2850	office of the local authority or the entity with which the local
2851	2851	authority contracts under Section 707.003(a)(1) shall mail the
2852	2852	notice of violation to the owner at:
2853	2853	(1) the owner's address as shown on the registration
2854	2854	records of the Texas Department of Motor Vehicles [Transportation];
2855	2855	or
2856	2856	(2) if the vehicle is registered in another state or
2857	2857	country, the owner's address as shown on the motor vehicle
2858	2858	registration records of the department or agency of the other state
2859	2859	or country analogous to the Texas Department of Motor Vehicles
2860	2860	[Transportation].
2861	2861	SECTION 8.2T.03. Section 707.017, Transportation Code, is
2862	2862	amended to read as follows:
2863	2863	Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
2864	2864	is delinquent in the payment of a civil penalty imposed under this
2865	2865	chapter, the county assessor-collector or the Texas Department of
2866	2866	Motor Vehicles [Transportation] may refuse to register a motor
2867	2867	vehicle alleged to have been involved in the violation.
2868	2868	SUBPART U. SALE OR LEASE OF MOTOR VEHICLES
2869	2869	SECTION 8.2U.01. Section 2301.002(9), Occupations Code, is
2870	2870	amended to read as follows:
2871	2871	(9) "Department" means the Texas Department of Motor
2872	2872	Vehicles [Transportation].
2873	2873	SECTION 8.2U.02. Section 2301.002(33), Occupations Code,
2874	2874	is repealed.
2875	2875	SUBPART V. SALVAGE VEHICLE DEALERS
2876	2876	SECTION 8.2V.01. Sections 2302.001(2) and (3), Occupations
2877	2877	Code, are amended to read as follows:
2878	2878	(2) "Board" ["Commission"] means the board of the
2879	2879	Texas Department of Motor Vehicles [Transportation Commission].
2880	2880	(3) "Department" means the Texas Department of Motor
2881	2881	Vehicles [Transportation].
2882	2882	SECTION 8.2V.02. Section 2302.0015(b), Occupations Code,
2883	2883	is amended to read as follows:
2884	2884	(b) For the purpose of enforcing or administering this
2885	2885	chapter or Chapter 501 or 502, Transportation Code, a member of the
2886	2886	board [commission], an employee or agent of the board [commission]
2887	2887	or department, a member of the Public Safety Commission, an officer
2888	2888	of the Department of Public Safety, or a peace officer may at a
2889	2889	reasonable time:
2890	2890	(1) enter the premises of a business regulated under
2891	2891	one of those chapters; and
2892	2892	(2) inspect or copy any document, record, vehicle,
2893	2893	part, or other item regulated under one of those chapters.
2894	2894	SECTION 8.2V.03. The heading to Subchapter B, Chapter 2302,
2895	2895	Occupations Code, is amended to read as follows:
2896	2896	SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
2897	2897	SECTION 8.2V.04. Sections 2302.051, 2302.052, and
2898	2898	2302.053, Occupations Code, are amended to read as follows:
2899	2899	Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board
2900	2900	[commission] shall adopt rules as necessary to administer this
2901	2901	chapter and may take other action as necessary to enforce this
2902	2902	chapter.
2903	2903	Sec. 2302.052. DUTY TO SET FEES. The board [commission]
2904	2904	shall set application fees, license fees, renewal fees, and other
2905	2905	fees as required to implement this chapter. The board [commission]
2906	2906	shall set the fees in amounts reasonable and necessary to implement
2907	2907	and enforce this chapter.
2908	2908	Sec. 2302.053. RULES RESTRICTING ADVERTISING OR
2909	2909	COMPETITIVE BIDDING. (a) The board [commission] may not adopt a
2910	2910	rule under Section 2302.051 restricting advertising or competitive
2911	2911	bidding by a person who holds a license issued under this chapter
2912	2912	except to prohibit false, misleading, or deceptive practices by the
2913	2913	person.
2914	2914	(b) The board [commission] may not include in its rules to
2915	2915	prohibit false, misleading, or deceptive practices a rule that:
2916	2916	(1) restricts the use of any advertising medium;
2917	2917	(2) restricts the person's personal appearance or use
2918	2918	of the person's voice in an advertisement;
2919	2919	(3) relates to the size or duration of an
2920	2920	advertisement by the person; or
2921	2921	(4) restricts the use of a trade name in advertising by
2922	2922	the person.
2923	2923	SECTION 8.2V.05. Section 2302.108(b), Occupations Code, is
2924	2924	amended to read as follows:
2925	2925	(b) The board [commission] by rule shall establish the
2926	2926	grounds for denial, suspension, revocation, or reinstatement of a
2927	2927	license issued under this chapter and the procedures for
2928	2928	disciplinary action. A rule adopted under this subsection may not
2929	2929	conflict with a rule adopted by the State Office of Administrative
2930	2930	Hearings.
2931	2931	SECTION 8.2V.06. Section 2302.204, Occupations Code, is
2932	2932	amended to read as follows:
2933	2933	Sec. 2302.204. CASUAL SALES. This chapter does not apply to
2934	2934	a person who purchases fewer than three nonrepairable motor
2935	2935	vehicles or salvage motor vehicles from a salvage vehicle dealer,
2936	2936	an insurance company or salvage pool operator in a casual sale at
2937	2937	auction, except that:
2938	2938	(1) the board [commission] shall adopt rules as
2939	2939	necessary to regulate casual sales by salvage vehicle dealers,
2940	2940	insurance companies, or salvage pool operators and to enforce this
2941	2941	section; and
2942	2942	(2) a salvage vehicle dealer, insurance company, or
2943	2943	salvage pool operator who sells a motor vehicle in a casual sale
2944	2944	shall comply with those rules and Subchapter E, Chapter 501,
2945	2945	Transportation Code.
2946	2946	SUBPART W. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
2947	2947	SECTION 8.2W.01. Section 1(3), Article 4413(37), Revised
2948	2948	Statutes, is amended to read as follows:
2949	2949	(3) "Department" means the Texas Department of Motor
2950	2950	Vehicles [Transportation].
2951	2951	SECTION 8.2W.02. Section 2, Article 4413(37), Revised
2952	2952	Statutes, is amended to read as follows:
2953	2953	Sec. 2. The Automobile Burglary and Theft Prevention
2954	2954	Authority is a division [established] in the Texas Department of
2955	2955	Motor Vehicles [Transportation]. [The authority is not an advisory
2956	2956	body to the Texas Department of Transportation.]
2957	2957	SECTION 8.2W.03. Section 3(f), Article 4413(37), Revised
2958	2958	Statutes, is amended to read as follows:
2959	2959	(f) It is a ground for removal from the authority if a
2960	2960	member:
2961	2961	(1) does not have at the time of taking office
2962	2962	[appointment] the qualifications required by Subsection (b) or is
2963	2963	disqualified under Subsection (i) or (k) of this section;
2964	2964	(2) does not maintain during service on the authority
2965	2965	the qualifications required by Subsection (b) or becomes
2966	2966	disqualified under Subsection (i) or (k) of this section;
2967	2967	(3) cannot because of illness or disability discharge
2968	2968	the member's duties for a substantial part of the term for which the
2969	2969	member is appointed; or
2970	2970	(4) is absent from more than half of the regularly
2971	2971	scheduled authority meetings that the member is eligible to attend
2972	2972	during a calendar year without an excuse approved by a majority vote
2973	2973	of the authority.
2974	2974	SECTION 8.2W.04. Sections 6(d) and (i), Article 4413(37),
2975	2975	Revised Statutes, are repealed.
2976	2976	PART 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
2977	2977	TRANSPORTATION IN OTHER CODES
2978	2978	SUBPART A. BUSINESS & COMMERCE CODE
2979	2979	SECTION 8.3A.01. Section 51.003(b), Business & Commerce
2980	2980	Code, as effective April 1, 2009, is amended to read as follows:
2981	2981	(b) In this chapter, "business opportunity" does not
2982	2982	include:
2983	2983	(1) the sale or lease of an established and ongoing
2984	2984	business or enterprise that has actively conducted business before
2985	2985	the sale or lease, whether composed of one or more than one
2986	2986	component business or enterprise, if the sale or lease represents
2987	2987	an isolated transaction or series of transactions involving a bona
2988	2988	fide change of ownership or control of the business or enterprise or
2989	2989	liquidation of the business or enterprise;
2990	2990	(2) a sale by a retailer of goods or services under a
2991	2991	contract or other agreement to sell the inventory of one or more
2992	2992	ongoing leased departments to a purchaser who is granted the right
2993	2993	to sell the goods or services within or adjoining a retail business
2994	2994	establishment as a department or division of the retail business
2995	2995	establishment;
2996	2996	(3) a transaction that is:
2997	2997	(A) regulated by the Texas Department of
2998	2998	Licensing and Regulation, the Texas Department of Insurance, the
2999	2999	Texas Real Estate Commission, or the director of the Motor Vehicle
3000	3000	Division of the Texas Department of Motor Vehicles
3001	3001	[Transportation]; and
3002	3002	(B) engaged in by a person licensed by one of
3003	3003	those agencies;
3004	3004	(4) a real estate syndication;
3005	3005	(5) a sale or lease to a business enterprise that also
3006	3006	sells or leases products, equipment, or supplies or performs
3007	3007	services:
3008	3008	(A) that are not supplied by the seller; and
3009	3009	(B) that the purchaser does not use with the
3010	3010	seller's products, equipment, supplies, or services;
3011	3011	(6) the offer or sale of a franchise as described by
3012	3012	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
3013	3013	seq.) and its subsequent amendments;
3014	3014	(7) the offer or sale of a business opportunity if the
3015	3015	seller:
3016	3016	(A) has a net worth of $25 million or more
3017	3017	according to the seller's audited balance sheet as of a date not
3018	3018	earlier than the 13th month before the date of the transaction; or
3019	3019	(B) is at least 80 percent owned by another
3020	3020	person who:
3021	3021	(i) in writing unconditionally guarantees
3022	3022	performance by the person offering the business opportunity plan;
3023	3023	and
3024	3024	(ii) has a net worth of more than $25
3025	3025	million according to the person's most recent audited balance sheet
3026	3026	as of a date not earlier than the 13th month before the date of the
3027	3027	transaction; or
3028	3028	(8) an arrangement defined as a franchise by 16 C.F.R.
3029	3029	Section 436.2(a) and its subsequent amendments if:
3030	3030	(A) the franchisor complies in all material
3031	3031	respects in this state with 16 C.F.R. Part 436 and each order or
3032	3032	other action of the Federal Trade Commission; and
3033	3033	(B) before offering for sale or selling a
3034	3034	franchise in this state, a person files with the secretary of state
3035	3035	a notice containing:
3036	3036	(i) the name of the franchisor;
3037	3037	(ii) the name under which the franchisor
3038	3038	intends to transact business; and
3039	3039	(iii) the franchisor's principal business
3040	3040	address.
3041	3041	SECTION 8.3A.02. Section 105.004(b), Business & Commerce
3042	3042	Code, as effective April 1, 2009, is amended to read as follows:
3043	3043	(b) The Texas Department of Motor Vehicles [Transportation]
3044	3044	shall provide a notice that states the provisions of this chapter to
3045	3045	each person with a disability who is issued:
3046	3046	(1) license plates under Section 504.201,
3047	3047	Transportation Code; or
3048	3048	(2) a disabled parking placard under Section 681.004,
3049	3049	Transportation Code.
3050	3050	SUBPART B. CODE OF CRIMINAL PROCEDURE
3051	3051	SECTION 8.3B.01. Section 1(1), Article 42.22, Code of
3052	3052	Criminal Procedure, is amended to read as follows:
3053	3053	(1) "Department" means the Texas Department of Motor
3054	3054	Vehicles [Transportation].
3055	3055	SECTION 8.3B.02. Article 59.04(c), Code of Criminal
3056	3056	Procedure, is amended to read as follows:
3057	3057	(c) If the property is a motor vehicle, and if there is
3058	3058	reasonable cause to believe that the vehicle has been registered
3059	3059	under the laws of this state, the attorney representing the state
3060	3060	shall ask the Texas Department of Motor Vehicles [Transportation]
3061	3061	to identify from its records the record owner of the vehicle and any
3062	3062	interest holder. If the addresses of the owner and interest holder
3063	3063	are not otherwise known, the attorney representing the state shall
3064	3064	request citation be served on such persons at the address listed
3065	3065	with the Texas Department of Motor Vehicles [Transportation]. If
3066	3066	the citation issued to such address is returned unserved, the
3067	3067	attorney representing the state shall cause a copy of the notice of
3068	3068	the seizure and intended forfeiture to be posted at the courthouse
3069	3069	door, to remain there for a period of not less than 30 days. If the
3070	3070	owner or interest holder does not answer or appear after the notice
3071	3071	has been so posted, the court shall enter a judgment by default as
3072	3072	to the owner or interest holder, provided that the attorney
3073	3073	representing the state files a written motion supported by
3074	3074	affidavit setting forth the attempted service. An owner or
3075	3075	interest holder whose interest is forfeited in this manner shall
3076	3076	not be liable for court costs. If the person in possession of the
3077	3077	vehicle at the time of the seizure is not the owner or the interest
3078	3078	holder of the vehicle, notification shall be provided to the
3079	3079	possessor in the same manner specified for notification to an owner
3080	3080	or interest holder.
3081	3081	SUBPART C. FAMILY CODE
3082	3082	SECTION 8.3C.01. Section 157.316(b), Family Code, is
3083	3083	amended to read as follows:
3084	3084	(b) If a lien established under this subchapter attaches to
3085	3085	a motor vehicle, the lien must be perfected in the manner provided
3086	3086	by Chapter 501, Transportation Code, and the court or Title IV-D
3087	3087	agency that rendered the order of child support shall include in the
3088	3088	order a requirement that the obligor surrender to the court or Title
3089	3089	IV-D agency evidence of the legal ownership of the motor vehicle
3090	3090	against which the lien may attach. A lien against a motor vehicle
3091	3091	under this subchapter is not perfected until the obligor's title to
3092	3092	the vehicle has been surrendered to the court or Title IV-D agency
3093	3093	and the Texas Department of Motor Vehicles [Transportation] has
3094	3094	issued a subsequent title that discloses on its face the fact that
3095	3095	the vehicle is subject to a child support lien under this
3096	3096	subchapter.
3097	3097	SECTION 8.3C.02. Section 232.0022(a), Family Code, is
3098	3098	amended to read as follows:
3099	3099	(a) The Texas Department of Motor Vehicles [Transportation]
3100	3100	is the appropriate licensing authority for suspension or nonrenewal
3101	3101	of a motor vehicle registration under this chapter.
3102	3102	SECTION 8.3C.03. Section 232.014(b), Family Code, is
3103	3103	amended to read as follows:
3104	3104	(b) A fee collected by the Texas Department of Motor
3105	3105	Vehicles [Transportation] or the Department of Public Safety shall
3106	3106	be deposited to the credit of the state highway fund.
3107	3107	SECTION 8.3C.04. Section 264.502(b), Family Code, is
3108	3108	amended to read as follows:
3109	3109	(b) The members of the committee who serve under Subsections
3110	3110	(a)(1) through (3) shall select the following additional committee
3111	3111	members:
3112	3112	(1) a criminal prosecutor involved in prosecuting
3113	3113	crimes against children;
3114	3114	(2) a sheriff;
3115	3115	(3) a justice of the peace;
3116	3116	(4) a medical examiner;
3117	3117	(5) a police chief;
3118	3118	(6) a pediatrician experienced in diagnosing and
3119	3119	treating child abuse and neglect;
3120	3120	(7) a child educator;
3121	3121	(8) a child mental health provider;
3122	3122	(9) a public health professional;
3123	3123	(10) a child protective services specialist;
3124	3124	(11) a sudden infant death syndrome family service
3125	3125	provider;
3126	3126	(12) a neonatologist;
3127	3127	(13) a child advocate;
3128	3128	(14) a chief juvenile probation officer;
3129	3129	(15) a child abuse prevention specialist;
3130	3130	(16) a representative of the Department of Public
3131	3131	Safety; and
3132	3132	(17) a representative of the Texas Department of Motor
3133	3133	Vehicles [Transportation].
3134	3134	SUBPART D. FINANCE CODE
3135	3135	SECTION 8.3D.01. Section 306.001(9), Finance Code, is
3136	3136	amended to read as follows:
3137	3137	(9) "Qualified commercial loan":
3138	3138	(A) means:
3139	3139	(i) a commercial loan in which one or more
3140	3140	persons as part of the same transaction lends, advances, borrows,
3141	3141	or receives, or is obligated to lend or advance or entitled to
3142	3142	borrow or receive, money or credit with an aggregate value of:
3143	3143	(a) $3 million or more if the
3144	3144	commercial loan is secured by real property; or
3145	3145	(b) $250,000 or more if the commercial
3146	3146	loan is not secured by real property and, if the aggregate value of
3147	3147	the commercial loan is less than $500,000, the loan documents
3148	3148	contain a written certification from the borrower that:
3149	3149	(1) the borrower has been
3150	3150	advised by the lender to seek the advice of an attorney and an
3151	3151	accountant in connection with the commercial loan; and
3152	3152	(2) the borrower has had the
3153	3153	opportunity to seek the advice of an attorney and accountant of the
3154	3154	borrower's choice in connection with the commercial loan; and
3155	3155	(ii) a renewal or extension of a commercial
3156	3156	loan described by Paragraph (A), regardless of the principal amount
3157	3157	of the loan at the time of the renewal or extension; and
3158	3158	(B) does not include a commercial loan made for
3159	3159	the purpose of financing a business licensed by the [Motor Vehicle
3160	3160	Board of the] Texas Department of Motor Vehicles [Transportation]
3161	3161	under Section 2301.251(a), Occupations Code.
3162	3162	SECTION 8.3D.02. Section 348.001(10-a), Finance Code, is
3163	3163	amended to read as follows:
3164	3164	(10-a) "Towable recreation vehicle" means a
3165	3165	nonmotorized vehicle that:
3166	3166	(A) was originally designed and manufactured
3167	3167	primarily to provide temporary human habitation in conjunction with
3168	3168	recreational, camping, or seasonal use;
3169	3169	(B) is titled and registered with the Texas
3170	3170	Department of Motor Vehicles [Transportation] as a travel trailer
3171	3171	through a county tax assessor-collector;
3172	3172	(C) is permanently built on a single chassis;
3173	3173	(D) contains at least one life support system;
3174	3174	and
3175	3175	(E) is designed to be towable by a motor vehicle.
3176	3176	SECTION 8.3D.03. Section 348.518, Finance Code, is amended
3177	3177	to read as follows:
3178	3178	Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
3179	3179	enforcement of law and minimization of regulatory burdens, the
3180	3180	commissioner and the Texas Department of Motor Vehicles
3181	3181	[Transportation] may share information, including criminal history
3182	3182	information, relating to a person licensed under this chapter.
3183	3183	Information otherwise confidential remains confidential after it
3184	3184	is shared under this section.
3185	3185	SUBPART E. GOVERNMENT CODE
3186	3186	SECTION 8.3E.01. Section 411.122(d), Government Code, is
3187	3187	amended to read as follows:
3188	3188	(d) The following state agencies are subject to this
3189	3189	section:
3190	3190	(1) Texas Appraiser Licensing and Certification
3191	3191	Board;
3192	3192	(2) Texas Board of Architectural Examiners;
3193	3193	(3) Texas Board of Chiropractic Examiners;
3194	3194	(4) State Board of Dental Examiners;
3195	3195	(5) Texas Board of Professional Engineers;
3196	3196	(6) Texas Funeral Service Commission;
3197	3197	(7) Texas Board of Professional Geoscientists;
3198	3198	(8) Department of State Health Services, except as
3199	3199	provided by Section 411.110, and agencies attached to the
3200	3200	department, including:
3201	3201	(A) Texas State Board of Examiners of Dietitians;
3202	3202	(B) Texas State Board of Examiners of Marriage
3203	3203	and Family Therapists;
3204	3204	(C) Midwifery Board;
3205	3205	(D) Texas State Perfusionist Advisory Committee
3206	3206	[Board of Examiners of Perfusionists];
3207	3207	(E) Texas State Board of Examiners of
3208	3208	Professional Counselors;
3209	3209	(F) Texas State Board of Social Worker Examiners;
3210	3210	(G) State Board of Examiners for Speech-Language
3211	3211	Pathology and Audiology;
3212	3212	(H) Advisory Board of Athletic Trainers;
3213	3213	(I) State Committee of Examiners in the Fitting
3214	3214	and Dispensing of Hearing Instruments;
3215	3215	(J) Texas Board of Licensure for Professional
3216	3216	Medical Physicists; and
3217	3217	(K) Texas Board of Orthotics and Prosthetics;
3218	3218	(9) Texas Board of Professional Land Surveying;
3219	3219	(10) Texas Department of Licensing and Regulation,
3220	3220	except as provided by Section 411.093;
3221	3221	(11) Texas Commission on Environmental Quality;
3222	3222	(12) Texas Board of Occupational Therapy Examiners;
3223	3223	(13) Texas Optometry Board;
3224	3224	(14) Texas State Board of Pharmacy;
3225	3225	(15) Texas Board of Physical Therapy Examiners;
3226	3226	(16) Texas State Board of Plumbing Examiners;
3227	3227	(17) Texas State Board of Podiatric Medical Examiners;
3228	3228	(18) Polygraph Examiners Board;
3229	3229	(19) Texas State Board of Examiners of Psychologists;
3230	3230	(20) Texas Real Estate Commission;
3231	3231	(21) Board of Tax Professional Examiners;
3232	3232	(22) Texas Department of Transportation;
3233	3233	(23) State Board of Veterinary Medical Examiners;
3234	3234	(24) Texas Department of Housing and Community
3235	3235	Affairs;
3236	3236	(25) secretary of state;
3237	3237	(26) state fire marshal;
3238	3238	(27) Texas Education Agency; [and]
3239	3239	(28) Department of Agriculture; and
3240	3240	(29) Texas Department of Motor Vehicles.
3241	3241	SUBPART F. HEALTH AND SAFETY CODE
3242	3242	SECTION 8.3F.01. Section 382.209(e), Health and Safety
3243	3243	Code, is amended to read as follows:
3244	3244	(e) A vehicle is not eligible to participate in a low-income
3245	3245	vehicle repair assistance, retrofit, and accelerated vehicle
3246	3246	retirement program established under this section unless:
3247	3247	(1) the vehicle is capable of being operated;
3248	3248	(2) the registration of the vehicle:
3249	3249	(A) is current; and
3250	3250	(B) reflects that the vehicle has been registered
3251	3251	in the county implementing the program for the 12 months preceding
3252	3252	the application for participation in the program;
3253	3253	(3) the commissioners court of the county
3254	3254	administering the program determines that the vehicle meets the
3255	3255	eligibility criteria adopted by the commission, the Texas
3256	3256	Department of Motor Vehicles [Transportation], and the Public
3257	3257	Safety Commission;
3258	3258	(4) if the vehicle is to be repaired, the repair is
3259	3259	done by a repair facility recognized by the Department of Public
3260	3260	Safety, which may be an independent or private entity licensed by
3261	3261	the state; and
3262	3262	(5) if the vehicle is to be retired under this
3263	3263	subsection and Section 382.213, the replacement vehicle is a
3264	3264	qualifying motor vehicle.
3265	3265	SECTION 8.3F.02. Section 382.210(f), Health and Safety
3266	3266	Code, is amended to read as follows:
3267	3267	(f) In this section, "total cost" means the total amount of
3268	3268	money paid or to be paid for the purchase of a motor vehicle as set
3269	3269	forth as "sales price" in the form entitled "Application for Texas
3270	3270	Certificate of Title" promulgated by the Texas Department of Motor
3271	3271	Vehicles [Transportation]. In a transaction that does not involve
3272	3272	the use of that form, the term means an amount of money that is
3273	3273	equivalent, or substantially equivalent, to the amount that would
3274	3274	appear as "sales price" on the Application for Texas Certificate of
3275	3275	Title if that form were involved.
3276	3276	SECTION 8.3F.03. Section 461.017(a), Health and Safety
3277	3277	Code, is amended to read as follows:
3278	3278	(a) The Drug Demand Reduction Advisory Committee is
3279	3279	composed of the following members:
3280	3280	(1) five representatives of the public from different
3281	3281	geographic regions of the state who have knowledge and expertise in
3282	3282	issues relating to reducing drug demand and who are appointed by the
3283	3283	commissioner [executive director] of the Department of State Health
3284	3284	Services [Texas Commission on Alcohol and Drug Abuse]; and
3285	3285	(2) one representative of each of the following
3286	3286	agencies or offices who is appointed by the executive director or
3287	3287	commissioner of the agency or office and who is directly involved in
3288	3288	the agency's or office's policies, programs, or funding activities
3289	3289	relating to reducing drug demand:
3290	3290	(A) the criminal justice division of the
3291	3291	governor's office;
3292	3292	(B) the Criminal Justice Policy Council;
3293	3293	(C) the Department of Family and Protective [and
3294	3294	Regulatory] Services;
3295	3295	(D) the Department of Public Safety of the State
3296	3296	of Texas;
3297	3297	(E) the Health and Human Services Commission;
3298	3298	(F) the Texas Alcoholic Beverage Commission;
3299	3299	(G) the Department of State Health Services
3300	3300	[Texas Commission on Alcohol and Drug Abuse];
3301	3301	(H) the Texas Council on Offenders with Mental
3302	3302	Impairments;
3303	3303	(I) the Texas Department of Criminal Justice;
3304	3304	(J) the [Texas Department of] Health and[;
3305	3305	[(K) the Texas Department of] Human Services
3306	3306	Commission;
3307	3307	(K) [(L)] the [Texas] Department of Aging and
3308	3308	Disability Services [Mental Health and Mental Retardation];
3309	3309	(L) [(M)] the Texas Education Agency;
3310	3310	(M) [(N)] the Texas Juvenile Probation
3311	3311	Commission;
3312	3312	(N) [(O)] the Texas Youth Commission;
3313	3313	(O) [(P)] the Department of Assistive and
3314	3314	Rehabilitative Services [Texas Rehabilitation Commission];
3315	3315	(P) [(Q)] the Texas Workforce Commission;
3316	3316	(Q) [(R)] the Texas Department of Motor Vehicles
3317	3317	[Transportation];
3318	3318	(R) [(S)] the comptroller of public accounts;
3319	3319	and
3320	3320	(S) [(T)] the adjutant general's department.
3321	3321	SUBPART G. HUMAN RESOURCES CODE
3322	3322	SECTION 8.3G.01. Section 22.041, Human Resources Code, is
3323	3323	amended to read as follows:
3324	3324	Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
3325	3325	other provision of this code, the department may use information
3326	3326	obtained from a third party to verify the assets and resources of a
3327	3327	person for purposes of determining the person's eligibility and
3328	3328	need for medical assistance, financial assistance, or nutritional
3329	3329	assistance. Third-party information includes information obtained
3330	3330	from:
3331	3331	(1) a consumer reporting agency, as defined by Section
3332	3332	20.01, Business & Commerce Code;
3333	3333	(2) an appraisal district; or
3334	3334	(3) the Texas Department of Motor Vehicles
3335	3335	[Transportation's] vehicle registration record database.
3336	3336	SECTION 8.3G.02. Section 32.026(g), Human Resources Code,
3337	3337	is amended to read as follows:
3338	3338	(g) Notwithstanding any other provision of this code, the
3339	3339	department may use information obtained from a third party to
3340	3340	verify the assets and resources of a person for purposes of
3341	3341	determining the person's eligibility and need for medical
3342	3342	assistance. Third-party information includes information obtained
3343	3343	from:
3344	3344	(1) a consumer reporting agency, as defined by Section
3345	3345	20.01, Business & Commerce Code;
3346	3346	(2) an appraisal district; or
3347	3347	(3) the Texas Department of Motor Vehicles
3348	3348	[Transportation's] vehicle registration record database.
3349	3349	SUBPART H. LOCAL GOVERNMENT CODE
3350	3350	SECTION 8.3H.01. Section 130.006, Local Government Code, is
3351	3351	amended to read as follows:
3352	3352	Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
3353	3353	CHECKS AND INVOICES. A county tax assessor-collector may establish
3354	3354	procedures for the collection of dishonored checks and credit card
3355	3355	invoices. The procedures may include:
3356	3356	(1) official notification to the maker that the check
3357	3357	or invoice has not been honored and that the receipt, registration,
3358	3358	certificate, or other instrument issued on the receipt of the check
3359	3359	or invoice is not valid until payment of the fee or tax is made;
3360	3360	(2) notification of the sheriff or other law
3361	3361	enforcement officers that a check or credit card invoice has not
3362	3362	been honored and that the receipt, registration, certificate, or
3363	3363	other instrument held by the maker is not valid; and
3364	3364	(3) notification to the Texas Department of Motor
3365	3365	Vehicles [Transportation], the comptroller of public accounts, or
3366	3366	the Department of Public Safety that the receipt, registration,
3367	3367	certificate, or other instrument held by the maker is not valid.
3368	3368	SECTION 8.3H.02. Section 130.007, Local Government Code, is
3369	3369	amended to read as follows:
3370	3370	Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
3371	3371	ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
3372	3372	remitted to the comptroller or the Texas Department of Motor
3373	3373	Vehicles [Transportation] and if payment was made to the county tax
3374	3374	assessor-collector by a check that was not honored by the drawee
3375	3375	bank or by a credit card invoice that was not honored by the credit
3376	3376	card issuer, the amount of the fee or tax is not required to be
3377	3377	remitted, but the assessor-collector shall notify the appropriate
3378	3378	department of:
3379	3379	(1) the amount of the fee or tax;
3380	3380	(2) the type of fee or tax involved; and
3381	3381	(3) the name and address of the maker.
3382	3382	(b) The Texas Department of Motor Vehicles [Transportation]
3383	3383	and the comptroller shall assist the county tax assessor-collector
3384	3384	in collecting the fee or tax and may cancel or revoke any receipt,
3385	3385	registration, certificate, or other instrument issued in the name
3386	3386	of the state conditioned on the payment of the fee or tax.
3387	3387	SECTION 8.3H.03. Section 130.008, Local Government Code, is
3388	3388	amended to read as follows:
3389	3389	Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
3390	3390	SUBCHAPTER. If the comptroller or the Texas Department of Motor
3391	3391	Vehicles [Transportation] determines that the county tax
3392	3392	assessor-collector has accepted payment for fees and taxes to be
3393	3393	remitted to that department in violation of Section 130.004 or that
3394	3394	more than two percent of the fees and taxes to be received from the
3395	3395	assessor-collector are not remitted because of the acceptance of
3396	3396	checks that are not honored by the drawee bank or of credit card
3397	3397	invoices that are not honored by the credit card issuer, the
3398	3398	department may notify the assessor-collector that the
3399	3399	assessor-collector may not accept a check or credit card invoice
3400	3400	for the payment of any fee or tax to be remitted to that department.
3401	3401	A county tax assessor-collector who accepts a check or credit card
3402	3402	invoice for the payment of a fee or tax, after notice that the
3403	3403	assessor-collector may not receive a check or credit card invoice
3404	3404	for the payment of fees or taxes to be remitted to a department, is
3405	3405	liable to the state for the amount of the check or credit card
3406	3406	invoice accepted.
3407	3407	SECTION 8.3H.04. Section 130.009, Local Government Code, is
3408	3408	amended to read as follows:
3409	3409	Sec. 130.009. STATE RULES. The comptroller and the Texas
3410	3410	Department of Motor Vehicles [Transportation] may make rules
3411	3411	concerning the acceptance of checks or credit card invoices by a
3412	3412	county tax assessor-collector and for the collection of dishonored
3413	3413	checks or credit card invoices.
3414	3414	SUBPART I. OCCUPATIONS CODE
3415	3415	SECTION 8.3I.01. Section 554.009(c), Occupations Code, is
3416	3416	amended to read as follows:
3417	3417	(c) The board may register a vehicle with the Texas
3418	3418	Department of Motor Vehicles [Transportation] in an alias name only
3419	3419	for investigative personnel.
3420	3420	SUBPART J. PENAL CODE
3421	3421	SECTION 8.3J.01. Section 31.03(c), Penal Code, is amended
3422	3422	to read as follows:
3423	3423	(c) For purposes of Subsection (b):
3424	3424	(1) evidence that the actor has previously
3425	3425	participated in recent transactions other than, but similar to,
3426	3426	that which the prosecution is based is admissible for the purpose of
3427	3427	showing knowledge or intent and the issues of knowledge or intent
3428	3428	are raised by the actor's plea of not guilty;
3429	3429	(2) the testimony of an accomplice shall be
3430	3430	corroborated by proof that tends to connect the actor to the crime,
3431	3431	but the actor's knowledge or intent may be established by the
3432	3432	uncorroborated testimony of the accomplice;
3433	3433	(3) an actor engaged in the business of buying and
3434	3434	selling used or secondhand personal property, or lending money on
3435	3435	the security of personal property deposited with the actor, is
3436	3436	presumed to know upon receipt by the actor of stolen property (other
3437	3437	than a motor vehicle subject to Chapter 501, Transportation Code)
3438	3438	that the property has been previously stolen from another if the
3439	3439	actor pays for or loans against the property $25 or more (or
3440	3440	consideration of equivalent value) and the actor knowingly or
3441	3441	recklessly:
3442	3442	(A) fails to record the name, address, and
3443	3443	physical description or identification number of the seller or
3444	3444	pledgor;
3445	3445	(B) fails to record a complete description of the
3446	3446	property, including the serial number, if reasonably available, or
3447	3447	other identifying characteristics; or
3448	3448	(C) fails to obtain a signed warranty from the
3449	3449	seller or pledgor that the seller or pledgor has the right to
3450	3450	possess the property. It is the express intent of this provision
3451	3451	that the presumption arises unless the actor complies with each of
3452	3452	the numbered requirements;
3453	3453	(4) for the purposes of Subdivision (3)(A),
3454	3454	"identification number" means driver's license number, military
3455	3455	identification number, identification certificate, or other
3456	3456	official number capable of identifying an individual;
3457	3457	(5) stolen property does not lose its character as
3458	3458	stolen when recovered by any law enforcement agency;
3459	3459	(6) an actor engaged in the business of obtaining
3460	3460	abandoned or wrecked motor vehicles or parts of an abandoned or
3461	3461	wrecked motor vehicle for resale, disposal, scrap, repair,
3462	3462	rebuilding, demolition, or other form of salvage is presumed to
3463	3463	know on receipt by the actor of stolen property that the property
3464	3464	has been previously stolen from another if the actor knowingly or
3465	3465	recklessly:
3466	3466	(A) fails to maintain an accurate and legible
3467	3467	inventory of each motor vehicle component part purchased by or
3468	3468	delivered to the actor, including the date of purchase or delivery,
3469	3469	the name, age, address, sex, and driver's license number of the
3470	3470	seller or person making the delivery, the license plate number of
3471	3471	the motor vehicle in which the part was delivered, a complete
3472	3472	description of the part, and the vehicle identification number of
3473	3473	the motor vehicle from which the part was removed, or in lieu of
3474	3474	maintaining an inventory, fails to record the name and certificate
3475	3475	of inventory number of the person who dismantled the motor vehicle
3476	3476	from which the part was obtained;
3477	3477	(B) fails on receipt of a motor vehicle to obtain
3478	3478	a certificate of authority, sales receipt, or transfer document as
3479	3479	required by Chapter 683, Transportation Code, or a certificate of
3480	3480	title showing that the motor vehicle is not subject to a lien or
3481	3481	that all recorded liens on the motor vehicle have been released; or
3482	3482	(C) fails on receipt of a motor vehicle to
3483	3483	immediately remove an unexpired license plate from the motor
3484	3484	vehicle, to keep the plate in a secure and locked place, or to
3485	3485	maintain an inventory, on forms provided by the Texas Department of
3486	3486	Motor Vehicles [Transportation], of license plates kept under this
3487	3487	paragraph, including for each plate or set of plates the license
3488	3488	plate number and the make, motor number, and vehicle identification
3489	3489	number of the motor vehicle from which the plate was removed;
3490	3490	(7) an actor who purchases or receives a used or
3491	3491	secondhand motor vehicle is presumed to know on receipt by the actor
3492	3492	of the motor vehicle that the motor vehicle has been previously
3493	3493	stolen from another if the actor knowingly or recklessly:
3494	3494	(A) fails to report to the Texas Department of
3495	3495	Motor Vehicles [Transportation] the failure of the person who sold
3496	3496	or delivered the motor vehicle to the actor to deliver to the actor
3497	3497	a properly executed certificate of title to the motor vehicle at the
3498	3498	time the motor vehicle was delivered; or
3499	3499	(B) fails to file with the county tax
3500	3500	assessor-collector of the county in which the actor received the
3501	3501	motor vehicle, not later than the 20th day after the date the actor
3502	3502	received the motor vehicle, the registration license receipt and
3503	3503	certificate of title or evidence of title delivered to the actor in
3504	3504	accordance with Subchapter D, Chapter 520, Transportation Code, at
3505	3505	the time the motor vehicle was delivered;
3506	3506	(8) an actor who purchases or receives from any source
3507	3507	other than a licensed retailer or distributor of pesticides a
3508	3508	restricted-use pesticide or a state-limited-use pesticide or a
3509	3509	compound, mixture, or preparation containing a restricted-use or
3510	3510	state-limited-use pesticide is presumed to know on receipt by the
3511	3511	actor of the pesticide or compound, mixture, or preparation that
3512	3512	the pesticide or compound, mixture, or preparation has been
3513	3513	previously stolen from another if the actor:
3514	3514	(A) fails to record the name, address, and
3515	3515	physical description of the seller or pledgor;
3516	3516	(B) fails to record a complete description of the
3517	3517	amount and type of pesticide or compound, mixture, or preparation
3518	3518	purchased or received; and
3519	3519	(C) fails to obtain a signed warranty from the
3520	3520	seller or pledgor that the seller or pledgor has the right to
3521	3521	possess the property; and
3522	3522	(9) an actor who is subject to Section 409, Packers and
3523	3523	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
3524	3524	a commission merchant by representing that the actor will make
3525	3525	prompt payment is presumed to have induced the commission
3526	3526	merchant's consent by deception if the actor fails to make full
3527	3527	payment in accordance with Section 409, Packers and Stockyards Act
3528	3528	(7 U.S.C. Section 228b).
3529	3529	SECTION 8.3J.02. Section 31.11(b), Penal Code, is amended
3530	3530	to read as follows:
3531	3531	(b) It is an affirmative defense to prosecution under this
3532	3532	section that the person was:
3533	3533	(1) the owner or acting with the effective consent of
3534	3534	the owner of the property involved;
3535	3535	(2) a peace officer acting in the actual discharge of
3536	3536	official duties; or
3537	3537	(3) acting with respect to a number assigned to a
3538	3538	vehicle by the Texas Department of Transportation or the Texas
3539	3539	Department of Motor Vehicles, as applicable, and the person was:
3540	3540	(A) in the actual discharge of official duties as
3541	3541	an employee or agent of the department; or
3542	3542	(B) in full compliance with the rules of the
3543	3543	department as an applicant for an assigned number approved by the
3544	3544	department.
3545	3545	SUBPART K. TAX CODE
3546	3546	SECTION 8.3K.01. Section 21.02(d), Tax Code, is amended to
3547	3547	read as follows:
3548	3548	(d) A motor vehicle does not have taxable situs in a taxing
3549	3549	unit under Subsection (a)(1) if, on January 1, the vehicle:
3550	3550	(1) has been located for less than 60 days at a place
3551	3551	of business of a person who holds a wholesale motor vehicle auction
3552	3552	general distinguishing number issued by the Texas Department of
3553	3553	Motor Vehicles [Transportation] under Chapter 503, Transportation
3554	3554	Code, for that place of business; and
3555	3555	(2) is offered for resale.
3556	3556	SECTION 8.3K.02. Section 22.04(d), Tax Code, is amended to
3557	3557	read as follows:
3558	3558	(d) This section does not apply to a motor vehicle that on
3559	3559	January 1 is located at a place of business of a person who holds a
3560	3560	wholesale motor vehicle auction general distinguishing number
3561	3561	issued by the Texas Department of Motor Vehicles [Transportation]
3562	3562	under Chapter 503, Transportation Code, for that place of business,
3563	3563	and that:
3564	3564	(1) has not acquired taxable situs under Section
3565	3565	21.02(a)(1) in a taxing unit that participates in the appraisal
3566	3566	district because the vehicle is described by Section 21.02(d);
3567	3567	(2) is offered for sale by a dealer who holds a
3568	3568	dealer's general distinguishing number issued by the Texas
3569	3569	Department of Motor Vehicles [Transportation] under Chapter 503,
3570	3570	Transportation Code, and whose inventory of motor vehicles is
3571	3571	subject to taxation in the manner provided by Sections 23.121 and
3572	3572	23.122; or
3573	3573	(3) is collateral possessed by a lienholder and
3574	3574	offered for sale in foreclosure of a security interest.
3575	3575	SECTION 8.3K.03. Sections 23.121(a)(3), (11), and (14), Tax
3576	3576	Code, are amended to read as follows:
3577	3577	(3) "Dealer" means a person who holds a dealer's
3578	3578	general distinguishing number issued by the Texas Department of
3579	3579	Motor Vehicles [Transportation] under the authority of Chapter 503,
3580	3580	Transportation Code, or who is legally recognized as a motor
3581	3581	vehicle dealer pursuant to the law of another state and who complies
3582	3582	with the terms of Section 152.063(f). The term does not include:
3583	3583	(A) a person who holds a manufacturer's license
3584	3584	issued under Chapter 2301, Occupations Code [by the Motor Vehicle
3585	3585	Board of the Texas Department of Transportation];
3586	3586	(B) an entity that is owned or controlled by a
3587	3587	person who holds a manufacturer's license issued under Chapter
3588	3588	2301, Occupations Code [by the Motor Vehicle Board of the Texas
3589	3589	Department of Transportation]; or
3590	3590	(C) a dealer whose general distinguishing number
3591	3591	issued by the Texas Department of Motor Vehicles [Transportation]
3592	3592	under the authority of Chapter 503, Transportation Code, prohibits
3593	3593	the dealer from selling a vehicle to any person except a dealer.
3594	3594	(11) "Sales price" means the total amount of money
3595	3595	paid or to be paid for the purchase of a motor vehicle as set forth
3596	3596	as "sales price" in the form entitled "Application for Texas
3597	3597	Certificate of Title" promulgated by the Texas Department of Motor
3598	3598	Vehicles [Transportation]. In a transaction that does not involve
3599	3599	the use of that form, the term means an amount of money that is
3600	3600	equivalent, or substantially equivalent, to the amount that would
3601	3601	appear as "sales price" on the Application for Texas Certificate of
3602	3602	Title if that form were involved.
3603	3603	(14) "Towable recreational vehicle" means a
3604	3604	nonmotorized vehicle that is designed for temporary human
3605	3605	habitation for recreational, camping, or seasonal use and:
3606	3606	(A) is titled and registered with the Texas
3607	3607	Department of Motor Vehicles [Transportation] through the office of
3608	3608	the collector;
3609	3609	(B) is permanently built on a single chassis;
3610	3610	(C) contains one or more life support systems;
3611	3611	and
3612	3612	(D) is designed to be towable by a motor vehicle.
3613	3613	SECTION 8.3K.04. Sections 23.121(f), (g), and (h), Tax
3614	3614	Code, are amended to read as follows:
3615	3615	(f) The comptroller shall promulgate a form entitled
3616	3616	Dealer's Motor Vehicle Inventory Declaration. Except as provided
3617	3617	by Section 23.122(l) [of this code], not later than February 1 of
3618	3618	each year, or, in the case of a dealer who was not in business on
3619	3619	January 1, not later than 30 days after commencement of business,
3620	3620	each dealer shall file a declaration with the chief appraiser and
3621	3621	file a copy with the collector. For purposes of this subsection, a
3622	3622	dealer is presumed to have commenced business on the date of
3623	3623	issuance to the dealer of a dealer's general distinguishing number
3624	3624	as provided by Chapter 503, Transportation Code. Notwithstanding
3625	3625	the presumption created by this subsection, a chief appraiser may,
3626	3626	at his or her sole discretion, designate as the date on which a
3627	3627	dealer commenced business a date other than the date of issuance to
3628	3628	the dealer of a dealer's general distinguishing number. The
3629	3629	declaration is sufficient to comply with this subsection if it sets
3630	3630	forth the following information:
3631	3631	(1) the name and business address of each location at
3632	3632	which the dealer owner conducts business;
3633	3633	(2) each of the dealer's general distinguishing
3634	3634	numbers issued by the Texas Department of Motor Vehicles
3635	3635	[Transportation];
3636	3636	(3) a statement that the dealer owner is the owner of a
3637	3637	dealer's motor vehicle inventory; and
3638	3638	(4) the market value of the dealer's motor vehicle
3639	3639	inventory for the current tax year as computed under Section
3640	3640	23.121(b) [of this code].
3641	3641	(g) Under the terms provided by this subsection, the chief
3642	3642	appraiser may examine the books and records of the holder of a
3643	3643	general distinguishing number issued by the Texas Department of
3644	3644	Motor Vehicles [Transportation]. A request made under this
3645	3645	subsection must be made in writing, delivered personally to the
3646	3646	custodian of the records, at the location for which the general
3647	3647	distinguishing number has been issued, must provide a period not
3648	3648	less than 15 days for the person to respond to the request, and must
3649	3649	state that the person to whom it is addressed has the right to seek
3650	3650	judicial relief from compliance with the request. In a request made
3651	3651	under this section the chief appraiser may examine:
3652	3652	(1) the document issued by the Texas Department of
3653	3653	Motor Vehicles [Transportation] showing the person's general
3654	3654	distinguishing number;
3655	3655	(2) documentation appropriate to allow the chief
3656	3656	appraiser to ascertain the applicability of this section and
3657	3657	Section 23.122 [of this code] to the person;
3658	3658	(3) sales records to substantiate information set
3659	3659	forth in the dealer's declaration filed by the person.
3660	3660	(h) If a dealer fails to file a declaration as required by
3661	3661	this section, or if, on the declaration required by this section, a
3662	3662	dealer reports the sale of fewer than five motor vehicles in the
3663	3663	prior year, the chief appraiser shall report that fact to the Texas
3664	3664	Department of Motor Vehicles [Transportation] and the department
3665	3665	shall initiate termination proceedings. The chief appraiser shall
3666	3666	include with the report a copy of a declaration, if any, indicating
3667	3667	the sale by a dealer of fewer than five motor vehicles in the prior
3668	3668	year. A report by a chief appraiser to the Texas Department of
3669	3669	Motor Vehicles [Transportation] as provided by this subsection is
3670	3670	prima facie grounds for the cancellation of the dealer's general
3671	3671	distinguishing number under Section 503.038(a)(9), Transportation
3672	3672	Code, or for refusal by the Texas Department of Motor Vehicles
3673	3673	[Transportation] to renew the dealer's general distinguishing
3674	3674	number.
3675	3675	SECTION 8.3K.05. Section 23.123(c), Tax Code, is amended to
3676	3676	read as follows:
3677	3677	(c) Information made confidential by this section may be
3678	3678	disclosed:
3679	3679	(1) in a judicial or administrative proceeding
3680	3680	pursuant to a lawful subpoena;
3681	3681	(2) to the person who filed the declaration or
3682	3682	statement or to that person's representative authorized by the
3683	3683	person in writing to receive the information;
3684	3684	(3) to the comptroller or an employee of the
3685	3685	comptroller authorized by the comptroller to receive the
3686	3686	information;
3687	3687	(4) to a collector or chief appraiser;
3688	3688	(5) to a district attorney, criminal district attorney
3689	3689	or county attorney involved in the enforcement of a penalty imposed
3690	3690	pursuant to Section 23.121 or Section 23.122 [of this code];
3691	3691	(6) for statistical purposes if in a form that does not
3692	3692	identify specific property or a specific property owner;
3693	3693	(7) if and to the extent that the information is
3694	3694	required for inclusion in a public document or record that the
3695	3695	appraisal or collection office is required by law to prepare or
3696	3696	maintain; or
3697	3697	(8) to the Texas Department of Motor Vehicles
3698	3698	[Transportation] for use by that department in auditing compliance
3699	3699	of its licensees with appropriate provisions of applicable law.
3700	3700	SECTION 8.3K.06. Section 23.124(a)(11), Tax Code, is
3701	3701	amended to read as follows:
3702	3702	(11) "Sales price" means the total amount of money
3703	3703	paid or to be paid for the purchase of:
3704	3704	(A) a vessel, other than a trailer that is
3705	3705	treated as a vessel, as set forth as "sales price" in the form
3706	3706	entitled "Application for Texas Certificate of Number/Title for
3707	3707	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
3708	3708	and Wildlife Department;
3709	3709	(B) an outboard motor as set forth as "sales
3710	3710	price" in the form entitled "Application for Texas Certificate of
3711	3711	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
3712	3712	promulgated by the Parks and Wildlife Department; or
3713	3713	(C) a trailer that is treated as a vessel as set
3714	3714	forth as "sales price" in the form entitled "Application for Texas
3715	3715	Certificate of Title" promulgated by the Texas Department of Motor
3716	3716	Vehicles [Transportation].
3717	3717	In a transaction involving a vessel, an outboard motor,
3718	3718	or a trailer that is treated as a vessel that does not involve the
3719	3719	use of one of these forms, the term means an amount of money that is
3720	3720	equivalent, or substantially equivalent, to the amount that would
3721	3721	appear as "sales price" on the Application for Texas Certificate of
3722	3722	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
3723	3723	Application for Texas Certificate of Title for an Outboard
3724	3724	Motor/Seller, Donor or Trader's Affidavit, or the Application for
3725	3725	Texas Certificate of Title if one of these forms were involved.
3726	3726	SECTION 8.3K.07. Section 113.011, Tax Code, is amended to
3727	3727	read as follows:
3728	3728	Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
3729	3729	VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
3730	3730	Texas Department of Motor Vehicles [Transportation] each release of
3731	3731	a tax lien filed by the comptroller with that department.
3732	3732	SECTION 8.3K.08. Sections 152.0412(a) and (f), Tax Code,
3733	3733	are amended to read as follows:
3734	3734	(a) In this section, "standard presumptive value" means the
3735	3735	private-party transaction value of a motor vehicle, as determined
3736	3736	by the Texas Department of Motor Vehicles [Transportation] based on
3737	3737	an appropriate regional guidebook of a nationally recognized motor
3738	3738	vehicle value guide service, or based on another motor vehicle
3739	3739	guide publication that the department determines is appropriate if
3740	3740	a private-party transaction value for the motor vehicle is not
3741	3741	available from a regional guidebook described by this subsection.
3742	3742	(f) The Texas Department of Motor Vehicles [Transportation]
3743	3743	shall maintain information on the standard presumptive values of
3744	3744	motor vehicles as part of the department's registration and title
3745	3745	system. The department shall update the information at least
3746	3746	quarterly each calendar year and publish, electronically or
3747	3747	otherwise, the updated information.
3748	3748	SECTION 8.3K.09. Section 152.042, Tax Code, is amended to
3749	3749	read as follows:
3750	3750	Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
3751	3751	person required to pay the tax imposed by Section 152.027 shall pay
3752	3752	the tax to the Texas Department of Motor Vehicles [Transportation],
3753	3753	and the department may not issue the metal dealer's plates until the
3754	3754	tax is paid.
3755	3755	SECTION 8.3K.10. Section 152.121(b), Tax Code, is amended
3756	3756	to read as follows:
3757	3757	(b) Taxes on metal dealer plates collected by the Texas
3758	3758	Department of Motor Vehicles [Transportation] shall be deposited by
3759	3759	the department in the state treasury in the same manner as are other
3760	3760	taxes collected under this chapter.
3761	3761	SECTION 8.3K.11. Section 162.001(52), Tax Code, is amended
3762	3762	to read as follows:
3763	3763	(52) "Registered gross weight" means the total weight
3764	3764	of the vehicle and carrying capacity shown on the registration
3765	3765	certificate issued by the Texas Department of Motor Vehicles
3766	3766	[Transportation].
3767	3767	PART 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
3768	3768	RIGHTS OF ACTION
3769	3769	SECTION 8.4.01. (a) All powers, duties, obligations, and
3770	3770	rights of action of the Motor Carrier Division, the Motor Vehicle
3771	3771	Division, and the Vehicle Titles and Registration Division of the
3772	3772	Texas Department of Transportation are transferred to the Texas
3773	3773	Department of Motor Vehicles, and all powers, duties, obligations,
3774	3774	and rights of action of the Texas Transportation Commission in
3775	3775	connection or associated with those divisions of the Texas
3776	3776	Department of Transportation are transferred to the board of the
3777	3777	Texas Department of Motor Vehicles on December 1, 2009.
3778	3778	(b) In connection with the transfers required by Subsection
3779	3779	(a) of this section, the personnel, furniture, computers, other
3780	3780	property and equipment, files, and related materials used by the
3781	3781	Motor Carrier Division, the Motor Vehicle Division, and the Vehicle
3782	3782	Titles and Registration Division of the Texas Department of
3783	3783	Transportation are transferred to the Texas Department of Motor
3784	3784	Vehicles.
3785	3785	(c) The Texas Department of Motor Vehicles shall continue
3786	3786	any proceeding involving the Motor Carrier Division, the Motor
3787	3787	Vehicle Division, or the Vehicle Titles and Registration Division
3788	3788	of the Texas Department of Transportation that was brought before
3789	3789	the effective date of this Act in accordance with the law in effect
3790	3790	on the date the proceeding was brought, and the former law is
3791	3791	continued in effect for that purpose.
3792	3792	(d) A certificate, license, document, permit, registration,
3793	3793	or other authorization issued by the Motor Carrier Division, the
3794	3794	Motor Vehicle Division, or the Vehicle Titles and Registration
3795	3795	Division of the Texas Department of Transportation that is in
3796	3796	effect on the effective date of this Act remains valid for the
3797	3797	period for which it was issued unless suspended or revoked by the
3798	3798	Texas Department of Motor Vehicles.
3799	3799	(e) A rule adopted by the Texas Transportation Commission or
3800	3800	the director of the Texas Department of Transportation in
3801	3801	connection with or relating to the Motor Carrier Division, the
3802	3802	Motor Vehicle Division, or the Vehicle Titles and Registration
3803	3803	Division of that department continues in effect until it is amended
3804	3804	or repealed by the board of the Texas Department of Motor Vehicles.
3805	3805	(f) The unobligated and unexpended balance of any
3806	3806	appropriations made to the Texas Department of Transportation in
3807	3807	connection with or relating to the Motor Carrier Division, the
3808	3808	Motor Vehicle Division, and the Vehicle Titles and Registration
3809	3809	Division of that department for the state fiscal biennium ending
3810	3810	August 31, 2009, is transferred and reappropriated to the Texas
3811	3811	Department of Motor Vehicles for the purpose of implementing the
3812	3812	powers, duties, obligations, and rights of action transferred to
3813	3813	that department under Subsection (a) of this section.
3814	3814	SECTION 8.4.02. (a) All powers, duties, obligations, and
3815	3815	rights of action of the Automobile Burglary and Theft Prevention
3816	3816	Authority Office of the Texas Department of Transportation under
3817	3817	Article 4413(37), Revised Statutes, are transferred to the
3818	3818	Automobile Burglary and Theft Prevention Authority Division of the
3819	3819	Texas Department of Motor Vehicles, and all powers, duties,
3820	3820	obligations, and rights of action of the Texas Transportation
3821	3821	Commission in connection or associated with the Automobile Burglary
3822	3822	and Theft Prevention Authority Office of the Texas Department of
3823	3823	Transportation are transferred to the board of the Texas Department
3824	3824	of Motor Vehicles on December 1, 2009.
3825	3825	(b) In connection with the transfers required by Subsection
3826	3826	(a) of this section, the personnel, furniture, computers, other
3827	3827	property and equipment, files, and related materials used by the
3828	3828	Automobile Burglary and Theft Prevention Authority Office of the
3829	3829	Texas Department of Transportation are transferred to the
3830	3830	Automobile Burglary and Theft Prevention Authority Division of the
3831	3831	Texas Department of Motor Vehicles.
3832	3832	(c) The Automobile Burglary and Theft Prevention Authority
3833	3833	Division of the Texas Department of Vehicles shall continue any
3834	3834	proceeding involving the Automobile Burglary and Theft Prevention
3835	3835	Authority Office of the Texas Department of Transportation that was
3836	3836	brought before the effective date of this Act in accordance with the
3837	3837	law in effect on the date the proceeding was brought, and the former
3838	3838	law is continued in effect for that purpose.
3839	3839	(d) A certificate, license, document, permit, registration,
3840	3840	or other authorization issued by the Automobile Burglary and Theft
3841	3841	Prevention Authority Office of the Texas Department of
3842	3842	Transportation that is in effect on the effective date of this Act
3843	3843	remains valid for the period for which it was issued unless
3844	3844	suspended or revoked by the Automobile Burglary and Theft
3845	3845	Prevention Authority Division of the Texas Department of Motor
3846	3846	Vehicles.
3847	3847	(e) A rule adopted by the Automobile Burglary and Theft
3848	3848	Prevention Authority Office of the Texas Department of
3849	3849	Transportation, the Texas Transportation Commission, or the
3850	3850	director of the Texas Department of Transportation in connection
3851	3851	with or relating to the Automobile Burglary and Theft Prevention
3852	3852	Authority Office of that department continues in effect until it is
3853	3853	amended or repealed by the Automobile Burglary and Theft Prevention
3854	3854	Authority Division of the Texas Department of Motor Vehicles.
3855	3855	(f) The unobligated and unexpended balance of any
3856	3856	appropriations made to the Texas Department of Transportation in
3857	3857	connection with or relating to the Automobile Burglary and Theft
3858	3858	Prevention Authority Office of that department for the state fiscal
3859	3859	biennium ending August 31, 2009, is transferred and reappropriated
3860	3860	to the Texas Department of Motor Vehicles for the purpose of
3861	3861	implementing the powers, duties, obligations, and rights of action
3862	3862	transferred to that department under Subsection (a) of this
3863	3863	section.
3864	3864	PART 5. APPOINTMENT OF BOARD
3865	3865	SECTION 8.5.01. Not later than December 1, 2009, the
3866	3866	governor shall appoint the members of the board of the Texas
3867	3867	Department of Motor Vehicles in accordance with Subchapter B,
3868	3868	Chapter 1001, Transportation Code, as added by this article.
3869	3869	ARTICLE 9. RAIL TRANSPORTATION DIVISION
3870	3870	SECTION 9.01. Section 91.001, Transportation Code, is
3871	3871	amended by adding Subdivision (3-a) to read as follows:
3872	3872	(3-a) "Division" means the rail transportation
3873	3873	division of the department.
3874	3874	SECTION 9.02. Subchapter A, Chapter 91, Transportation
3875	3875	Code, is amended by adding Section 91.0041 to read as follows:
3876	3876	Sec. 91.0041. DUTIES OF RAIL TRANSPORTATION DIVISION. In
3877	3877	addition to any other duty imposed on the division, the division
3878	3878	shall:
3879	3879	(1) assure that rail transportation is an integral
3880	3880	part of the department's transportation planning process;
3881	3881	(2) coordinate and oversee rail projects that are
3882	3882	financed with money in the Texas rail relocation and improvement
3883	3883	fund;
3884	3884	(3) develop and plan for improved passenger and
3885	3885	freight rail facilities and services in this state; and
3886	3886	(4) coordinate the efforts of the department, the
3887	3887	federal government, and private entities to continue the
3888	3888	development of rail transportation facilities and services in this
3889	3889	state.
3890	3890	ARTICLE 10. ELECTRONIC SIGNS
3891	3891	SECTION 10.01. Chapter 544, Transportation Code, is amended
3892	3892	by adding Section 544.013 to read as follows:
3893	3893	Sec. 544.013. CHANGEABLE MESSAGE SIGN SYSTEM. (a) In this
3894	3894	section, "changeable message sign" means a sign that conforms to
3895	3895	the manual and specifications adopted under Section 544.001. The
3896	3896	term includes a dynamic message sign.
3897	3897	(b) The Texas Department of Transportation shall actively
3898	3898	manage a system of changeable message signs located on highways
3899	3899	under the jurisdiction of that department to mitigate traffic
3900	3900	congestion by providing current information to the traveling
3901	3901	public, including information about traffic incidents, weather
3902	3902	conditions, road construction, and alternative routes.
3903	3903	ARTICLE 11. EFFECTIVE DATE
3904	3904	SECTION 11.01. This Act takes effect September 1, 2009.