81R1848 JD/ACP/JTS/MTB/SLB-D
By: Hegar S.B. No. 1019
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Department
of Transportation, including the transfer of certain functions to
the Texas Department of Motor Vehicles; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ABOLITION OF TEXAS TRANSPORTATION COMMISSION
SECTION 1.01. Section 201.003, Transportation Code, is
amended to read as follows:
Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
reference in law to the State Highway Department, Texas Highway
Department, or State Department of Highways and Public
Transportation means the Texas Department of Transportation.
(b) A reference in law to the State Highway Commission, [or]
State Highway and Public Transportation Commission, or Texas
Transportation Commission means the commissioner of transportation
[Texas Transportation Commission].
(c) A reference in law to the State Highway Engineer, the
[or] State Engineer-Director for Highways and Public
Transportation, or [means] the director of the Texas Department of
Transportation means the commissioner of transportation.
(d) [A reference in law to the commissioner of
transportation means the chair of the commission.
[(e)] A [reference in] law that authorizes the Texas
Transportation Commission to authorize the director of the Texas
Department of Transportation to take an action shall be construed
to authorize the commissioner of transportation to take that action
[to a member of the commission means a commissioner].
SECTION 1.02. Subchapter B, Chapter 201, Transportation
Code, is amended to read as follows:
SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
commissioner is appointed by the governor with the advice and
consent of the senate for a term of two years that expires February
1 of each odd-numbered year. [Texas Transportation Commission
consists of five members appointed by the governor with the advice
and consent of the senate.]
(b) To be eligible for appointment as commissioner, or
appointment to fill a vacancy in the office of commissioner, a
person:
(1) must:
(A) be experienced and skilled in transportation
planning, development, financing, construction, and maintenance;
or
(B) have appropriate finance or management
experience; and
(2) may not have served as a member of the legislature
of this state during the preceding 10 years. [The members shall be
appointed to reflect the diverse geographic regions and population
groups of this state. One member must reside in a rural area.]
(c) A [Each member of the commission must represent the
general public.
[(d) Except as provided by Subsection (e), a] person is not
eligible for appointment as commissioner [a member of the
commission] if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization that is regulated by or
receives funds from the department;
(2) directly or indirectly owns or controls more than
10 percent interest in a business entity or other organization that
is regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for [commission
membership, attendance, or] expenses; or
(4) is registered, certified, or licensed by the
department.
(d) [(f)] An officer, employee, or paid consultant of a
Texas trade association in the field of road construction or
maintenance, aviation, or outdoor advertising or a Texas trade
association of automobile dealers is not eligible for appointment
as commissioner [may not be a member of the commission].
(e) [(g)] The spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of road
construction or maintenance, aviation, or outdoor advertising or a
Texas association of automobile dealers is not eligible for
appointment as commissioner [may not be a member of the
commission].
(f) [(h)] A person required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department is not eligible for appointment as commissioner
[may not serve as a member of the commission].
(g) The appointment of the commissioner [(i) Appointments
to the commission] shall be made without regard to race, color,
disability, sex, religion, age, or national origin of the appointee
[appointees and shall reflect the diversity of the population of
the state as a whole].
(h) [(j)] In this section, "Texas trade association" means a
[nonprofit,] cooperative[,] and voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(i) The commissioner is a successor to the Texas
Transportation Commission for all purposes, including for the
purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
Texas Constitution.
Sec. 201.052. CERTAIN DUTIES. [TERMS. Members of the
commission serve staggered six-year terms, with the terms of either
one or two members expiring February 1 of each odd-numbered year.
[Sec. 201.053. CHAIR OF THE COMMISSION. (a) The governor
periodically shall designate one commissioner as the chair of the
commission, who shall serve as presiding officer of the commission.
[(b)] The commissioner [chair] shall:
(1) [preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
[(2)] represent the department in dealing with the
governor;
(2) [(3)] report to the governor on the state of
affairs of the department at least quarterly;
(3) [(4) report to the commission the governor's
suggestions for department operations;
[(5)] report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(4) [(6)] periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor[, the commission,] and the Legislative
Budget Board;
(5) [(7)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(6) [(8) create subcommittees, appoint commissioners
to subcommittees, and receive the reports of subcommittees to the
commission as a whole;
[(9)] appoint a deputy commissioner to act in the
commissioner's [chair's] absence; and
(7) [(10)] serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
[Sec. 201.054. COMMISSION MEETINGS. The commission shall
hold regular meetings at least once a month and special meetings at
the call of the chair. Commissioners shall attend the meetings of
the commission. The chair shall oversee the preparation of an
agenda for each meeting and ensure that a copy is provided to each
commissioner at least seven days before the meeting.
[Sec. 201.0545. RECOMMENDATIONS TO LEGISLATURE. (a) The
commission shall consider ways in which the department's operations
may be improved and may periodically report to the legislature
concerning potential statutory changes that would improve the
operation of the department.
[(b) On behalf of the commission, the chair shall report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the commission and relating to the operation of the department.]
Sec. 201.053 [201.056]. COMPENSATION. The commissioner [A
member of the commission] is entitled to compensation as provided
by the General Appropriations Act. [If compensation for members is
not provided by that Act, each member is entitled to reimbursement
for actual and necessary expenses incurred in performing functions
as a member of the commission.]
Sec. 201.054 [201.057]. GROUNDS FOR REMOVAL. (a) It is a
ground for removal [from the commission] if the [a] commissioner:
(1) does not have at the time of taking office
[appointment] or maintain during service as commissioner [on the
commission] the qualifications required by Section 201.051;
(2) violates a prohibition provided by Section 201.051
or 201.401; or
(3) cannot discharge the commissioner's duties for a
substantial part of the term for which the commissioner is
appointed because of illness or disability[; or
[(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the commission].
(b) The validity of an action of the commissioner or
department [commission] is not affected by the fact that it is taken
when a ground for removal of the [a] commissioner exists.
[(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission of the ground, and the chair shall notify the governor
and the attorney general that a potential ground for removal
exists. If the potential ground for removal relates to the chair,
the director shall notify another commissioner, who shall notify
the governor and the attorney general that a potential ground for
removal exists.]
Sec. 201.055 [201.058]. INFORMATION ON QUALIFICATIONS AND
CONDUCT. The department shall provide to the commissioner [members
of the commission], as often as necessary, information concerning
the commissioner's [members'] qualifications for office and the
commissioner's [under Subchapter B and their] responsibilities
under applicable laws relating to standards of conduct for state
officers.
Sec. 201.056 [201.059]. TRAINING ON DEPARTMENT AND CERTAIN
LAWS RELATING TO DEPARTMENT. (a) To be eligible to take office as
commissioner [a member of the commission], a person appointed as
commissioner [to the commission] must complete at least one course
of a training program that complies with this section.
(b) The training program must provide information to the
person regarding:
(1) this subchapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
department [commission] or the Texas Ethics Commission.
[(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.]
SECTION 1.03. The heading to Subchapter C, Chapter 201,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. COMMISSIONER'S [COMMISSION'S] POWERS AND DUTIES
SECTION 1.04. Sections 201.101, 201.102, and 201.103,
Transportation Code, are amended to read as follows:
Sec. 201.101. RULES; RECORDS. The commissioner
[commission] shall:
(1) adopt rules for the operation of the department;
(2) maintain a record of all proceedings and official
orders; and
(3) keep on file copies of all road plans,
specifications, and estimates prepared by the department or under
its direction.
Sec. 201.102. SEPARATION OF RESPONSIBILITIES. The
commissioner [commission] shall develop and implement policies
that clearly define [separate] the respective [policy-making]
responsibilities of the commissioner [commission] and the
[management responsibilities of the director and] staff of the
department.
Sec. 201.103. COMPREHENSIVE SYSTEM OF HIGHWAYS AND ROADS.
(a) The commissioner [commission] shall plan and make policies for
the location, construction, and maintenance of a comprehensive
system of state highways and public roads.
(b) The commissioner [commission] shall designate as part
of the state highway system a highway that the commissioner [it]
determines is necessary for the proper development and operation of
the system. The commissioner [commission] may remove a segment of
the state highway system that the commissioner [it] determines is
not needed for the system. In planning and making policies, the
commissioner [commission] shall consider, for incorporation into
the state highway system, turnpikes that other governmental or
private entities are authorized to construct.
(c) The commissioner [commission] biennially shall submit a
report of the commissioner's [its] work to the governor and the
legislature. The report must include the recommendations of the
commissioner [commission and of the director].
(d) The commissioner [director, under the direction and
with the approval of the commission,] shall prepare a comprehensive
plan providing a system of state highways.
SECTION 1.05. Sections 201.104(a) and (b), Transportation
Code, are amended to read as follows:
(a) The commissioner [commission] may designate any county
road as a farm-to-market road for the purposes of construction,
reconstruction, and maintenance only, if the commissioners court of
the county in which the county road is located by order entered in
its minutes waives any rights the county may have for state
participation in any indebtedness incurred by the county in the
construction of the road.
(b) The commissioner [commission] and the county
commissioners court by contract may set forth the duties of the
state in the construction, reconstruction, and maintenance of the
county road in consideration for the county's, road district's, or
defined road district's relinquishing all claims for state
participation in any outstanding county or road district bond,
warrant, or other evidence of indebtedness that is for the
construction or improvement of the road and that was created before
the road was designated by the commissioner [commission].
SECTION 1.06. Sections 201.105(a), (b), (d), (e), and (g),
Transportation Code, are amended to read as follows:
(a) The commissioner [commission] shall divide the state
into not more than 25 districts for the purpose of the performance
of the department's duties.
(b) In determining a district's boundaries, the
commissioner [commission] shall consider all costs and benefits,
including highway activity in and the number of employees required
for the proposed district.
(d) The commissioner [commission] shall determine the
number of department offices necessary for maintenance and
construction personnel in a district.
(e) The commissioner [commission] periodically shall review
the necessity for the number of maintenance, construction, and
support operations in each district. The commissioner [commission]
shall include the findings of the commissioner's [its] review as a
part of the department's budget request submitted to the
Legislative Budget Board.
(g) The commissioner [commission] may require by rule that
any product or material that is approved for use in any one district
may be approved for use by any other district.
SECTION 1.07. Sections 201.1055(c) and (d), Transportation
Code, are amended to read as follows:
(c) Notwithstanding Section 202.024, the commissioner
[commission] may [authorize the executive director to] execute a
deed exchanging department-owned real property under Subsection
(a)(2).
(d) The commissioner [commission] shall notify the Bond
Review Board and Texas Public Finance Authority of the proposed
transaction not less than 45 days before the date the commissioner
[commission] signs an agreement under this section providing for
the exchange of department-owned real property under Subsection
(a)(2).
SECTION 1.08. Sections 201.107, 201.108, 201.109, 201.110,
and 201.111, Transportation Code, are amended to read as follows:
Sec. 201.107. FINANCIAL REPORTS OF THE DEPARTMENT. (a) The
commissioner [commission] shall prepare a quarterly statement
containing an itemized list of all money received by the department
and the source of the money and of all money paid by the department
and the purpose of the payment. The statement shall be filed in the
records of the department, and a copy shall be sent to the governor.
(b) The commissioner [commission] shall file annually with
the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the department during the
preceding fiscal year. The report must comply with each reporting
requirement applicable to financial reporting provided by the
General Appropriations Act.
Sec. 201.108. INTERNAL AUDITOR. (a) The commissioner
[commission] shall appoint an internal auditor for the department.
(b) The auditor shall report directly to the commissioner
[commission] on the conduct of department affairs.
Sec. 201.109. REVENUE ENHANCEMENT. (a) The commissioner
[commission] shall:
(1) enhance existing sources of revenue; and
(2) create alternate sources of revenue.
(b) In carrying out this section, the commissioner
[commission] shall provide for:
(1) maximizing the generation of revenue from existing
assets of the department, including real estate;
(2) increasing the role of the private sector and
public-private projects in the leasing of real estate and other
assets in the development of highway projects;
(3) setting and attempting to meet annual revenue
enhancement goals;
(4) reporting on the progress in meeting revenue
enhancement goals in the department's annual report;
(5) contracting for an independent audit of the
department's management and business operations in 2007 and each
12th year after 2007;
(6) developing a cost-benefit analysis between the use
of local materials previously incorporated into roadways versus use
of materials blended or transported from other sources; and
(7) increasing private investment in the
transportation infrastructure, including the acquisition of
causeways, bridges, tunnels, turnpikes, or other transportation
facilities, in the border region, including the counties of
Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett,
Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo,
Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble,
Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina,
Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton,
Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
Sec. 201.110. CONTRACT WITH ADJOINING STATE FOR IMPROVEMENT
OF ROAD CROSSING STATES' BOUNDARY. (a) The commissioner
[commission], by the authority of the governor, may contract with
an adjoining state to:
(1) provide for the improvement of a public road or
highway that crosses the states' boundary; and
(2) establish respective responsibilities for the
improvement.
(b) In a contract for an improvement of the state highway
system that is subject to a contract under Subsection (a), the
commissioner [commission] may provide for the improvement of a
segment of a public road or highway located in the adjoining state
if:
(1) the improvement of that segment is necessary for
the health, safety, and welfare of the people of this state and for
the effective improvement and operation of the state highway
system;
(2) that segment is an extension or continuation of a
segment of the state highway system;
(3) the contract under Subsection (a) is authorized
and executed under the law of the adjoining state; and
(4) all costs associated with the improvement of that
segment are the responsibility of the adjoining state.
(c) In this section, "improvement" includes construction,
reconstruction, and maintenance.
Sec. 201.111. RECOMMENDATION OF ENGINEER; DETERMINATION OF
FITNESS. (a) On formal application by a county, road district of a
county, or municipality, the commissioner [commission] may
recommend for appointment a competent civil engineer who is a
graduate of a first-class school of civil engineering and who is
skilled in highway construction and maintenance.
(b) The commissioner [commission] shall adopt rules
necessary to determine the qualifications of engineers who apply
for highway construction work.
SECTION 1.09. Section 201.112(a), Transportation Code, is
amended to read as follows:
(a) The commissioner [commission] may by rule establish
procedures for the informal resolution of a claim arising out of a
contract described by:
(1) Section 22.018;
(2) Chapter 223;
(3) Chapter 361;
(4) Section 391.091; or
(5) Chapter 2254, Government Code.
SECTION 1.10. Section 201.113(a), Transportation Code, is
amended to read as follows:
(a) Notwithstanding Sections 221.003 and 224.031, the
commissioner [commission] and a regional tollway authority
governed by Chapter 366 may enter into an agreement for the
improvement by a regional tollway authority of portions of the
state highway system.
SECTION 1.11. Sections 201.114(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) The coordinator shall serve on the Border Trade Advisory
Committee as presiding officer. The commissioner [commission]
shall appoint the other members of the committee, which to the
extent practicable must include:
(1) the presiding officers, or persons designated by
the presiding officers, of the policy boards of metropolitan
planning organizations wholly or partly in the department's Pharr,
Laredo, Odessa, or El Paso transportation district;
(2) the person serving, or a person designated by the
person serving, in the capacity of executive director of each
entity governing a port of entry in this state; and
(3) a representative each from at least two institutes
or centers operated by a university in this state that conduct
continuing research on transportation or trade issues.
(c) The commissioner [commission] shall establish the
Border Trade Advisory Committee to define and develop a strategy
and make recommendations to the commissioner [commission] and
governor for addressing the highest priority border trade
transportation challenges. In determining action to be taken on
the recommendations, the commissioner [commission] shall consider
the importance of trade with the United Mexican States, potential
sources of infrastructure funding at border ports, and the value of
trade activity in the department's districts adjacent to the border
with the United Mexican States.
(d) The commissioner [commission] may adopt rules governing
the Border Trade Advisory Committee.
SECTION 1.12. Sections 201.115(a) and (b), Transportation
Code, are amended to read as follows:
(a) The commissioner [commission] may authorize the
department to borrow money from any source to carry out the
functions of the department.
(b) A loan under this section may be in the form of an
agreement, note, contract, or other form as determined by the
commissioner [commission] and may contain any provisions the
commissioner [commission] considers appropriate, except:
(1) the term of the loan may not exceed two years;
(2) the amount of the loan, combined with any amounts
outstanding on other loans under this section, may not exceed an
amount that is two times the average monthly revenue deposited to
the state highway fund for the 12 months preceding the month of the
loan; and
(3) the loan may not create general obligation of the
state and is payable only as authorized by legislative
appropriation.
SECTION 1.13. Sections 201.116(b) and (d), Transportation
Code, are amended to read as follows:
(b) To assist the secretary of state in preparing the report
required under Section 405.021, Government Code, the commissioner
[commission] on a quarterly basis shall provide a report to the
secretary of state detailing any projects funded by the department
that serve colonias by providing paved roads or other assistance.
(d) The commissioner [commission] shall require an
applicant for funds administered by the commissioner [commission]
to submit to the commissioner [commission] a colonia classification
number, if one exists, for each colonia that may be served by the
project proposed in the application. If a colonia does not have a
classification number, the commissioner [commission] may contact
the secretary of state or the secretary of state's representative
to obtain the classification number. On request of the
commissioner [commission], the secretary of state or the secretary
of state's representative shall assign a classification number to
the colonia.
SECTION 1.14. Sections 201.201 and 201.202, Transportation
Code, are amended to read as follows:
Sec. 201.201. GOVERNANCE OF DEPARTMENT. The commissioner
[commission] governs the Texas Department of Transportation.
Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
commissioner [commission] shall organize the department into
divisions to accomplish the department's functions and the duties
assigned to it, including divisions for:
(1) aviation;
(2) highways and roads;
(3) public transportation; and
(4) rail transportation [motor vehicle titles and
registration].
(b) The person designated by the commissioner [director] to
supervise the division responsible for highways and roads must be a
registered professional engineer experienced and skilled in
highway construction and maintenance.
(c) A [In appointing a] person designated by the
commissioner as the department's chief financial officer must
report directly to the commissioner [to supervise a function
previously performed by the former State Department of Highways and
Public Transportation, Texas Department of Aviation, or Texas
Turnpike Authority, preference shall be given to a person employed
in a similar position in that former agency].
SECTION 1.15. Section 201.204, Transportation Code, is
amended to read as follows:
Sec. 201.204. SUNSET PROVISION. The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2013 [2009].
SECTION 1.16. Subchapter D, Chapter 201, Transportation
Code, is amended by adding Sections 201.210, 201.211, 201.212, and
201.213 to read as follows:
Sec. 201.210. COMPLIANCE CERTIFICATION. (a) Not later
than September 1 of each year, the commissioner and the
department's chief financial officer shall each certify in writing
that the commissioner or the officer, as applicable:
(1) is responsible for establishing and maintaining
the department's internal controls;
(2) has evaluated the effectiveness of the
department's internal controls;
(3) has presented conclusions about the effectiveness
of the department's internal controls and applicable reporting
requirements; and
(4) has effectively complied with all applicable
legislative mandates.
(b) The commissioner and the department's chief financial
officer shall submit the certifications required by Subsection (a)
to the governor, the lieutenant governor, the speaker of the house
of representatives, the chair of the standing committee of each
house of the legislature with primary jurisdiction over
transportation matters, and the Transportation Legislative
Oversight Committee created under Chapter 205.
(c) The Transportation Legislative Oversight Committee
shall recommend to the 82nd Legislature appropriate penalties for
failure to submit the certifications required by Subsection (a).
Sec. 201.211. LEGISLATIVE LOBBYING. (a) In addition to
Section 556.006, Government Code, the commissioner or a department
employee may not use money under the department's control or engage
in an activity to influence the passage or defeat of legislation.
(b) Violation of Subsection (a) is grounds for dismissal of
an employee.
(c) This section does not prohibit the commissioner or
department employee from using state resources to:
(1) provide public information or information
responsive to a request; or
(2) communicate with officers and employees of the
federal government in pursuit of federal appropriations.
Sec. 201.212. ETHICS AFFIRMATION AND HOTLINE. (a) A
department employee shall annually affirm the employee's adherence
to the ethics policy adopted under Section 572.051(c), Government
Code.
(b) The department shall establish and operate a telephone
line to be known as the Ethics Hotline that enables a person to call
the hotline number, anonymously or not anonymously, to report an
alleged violation of the ethics policy adopted under Section
572.051(c), Government Code.
Sec. 201.213. LEGISLATIVE APPROPRIATIONS REQUEST.
Department staff shall deliver the department's legislative
appropriations request to the commissioner in an open meeting not
later than the 30th day before the commissioner adopts the
legislative appropriations request for submission to the
Legislative Budget Board.
SECTION 1.17. Subchapter E, Chapter 201, Transportation
Code, is amended to read as follows:
SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
Sec. 201.301. [EXECUTIVE DIRECTOR. (a) The commission
shall elect an executive director for the department. The director
must be a registered professional engineer in this state and
experienced and skilled in transportation planning, development,
construction, and maintenance.
[(b) The director serves at the will of the commission.
[(d) The director shall:
[(1) serve the commission in an advisory capacity,
without vote; and
[(2) submit to the commission, quarterly, annually,
and biennially, detailed reports of the progress of public road
construction, detailed reports of public and mass transportation
development, and detailed statements of expenditures.
[(e) The director is entitled to actual expenses for and
related to travel away from Austin in performance of the director's
duties under the direction of the commission.
[Sec. 201.302.] STATE ROAD MAP. The commissioner
[director] shall make, regularly revise, and keep in a form
convenient for examination in the office of the department a
complete road map of the state that shows road construction in the
counties.
Sec. 201.302 [201.303]. USE OF UNIVERSITY LABORATORIES FOR
ANALYZING MATERIALS. The commissioner [director] may use
laboratories maintained at Texas A&M University and The University
of Texas to test and analyze road and bridge material. Persons in
charge of the laboratories shall cooperate with and assist the
commissioner [director] with those tests and analyses.
SECTION 1.18. Section 201.404(b), Transportation Code, is
amended to read as follows:
(b) The commissioner [director] or the commissioner's
[director's] designee shall develop a system of annual performance
evaluations that are based on documented employee performance. All
merit pay for department employees must be based on the system
established under this subsection. If an annual performance
evaluation indicates that an employee's performance is
unsatisfactory, the commissioner shall consider whether the
employee should be terminated. The annual performance evaluations
developed under this subsection must include the evaluation of an
employee's:
(1) professionalism;
(2) diligence; and
(3) responsiveness to directives and requests from the
commissioner and the legislature.
SECTION 1.19. (a) Subtitle A, Title 6, Transportation
Code, is amended by adding Chapter 205 to read as follows:
CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
Sec. 205.001. DEFINITION. In this chapter, "committee"
means the Transportation Legislative Oversight Committee.
Sec. 205.002. ESTABLISHMENT; COMPOSITION. (a) The
Transportation Legislative Oversight Committee is established to
provide objective research, analysis, and recommendations on the
operation and needs of the state transportation system.
(b) The committee is composed of six members as follows:
(1) the chair of the Senate Committee on
Transportation and Homeland Security;
(2) the chair of the House Committee on
Transportation;
(3) two members of the senate appointed by the
lieutenant governor; and
(4) two members of the house of representatives
appointed by the speaker of the house of representatives.
(c) An appointed member of the committee serves at the
pleasure of the appointing official.
Sec. 205.003. PRESIDING OFFICER; TERM. (a) The lieutenant
governor and the speaker of the house of representatives shall
appoint the presiding officer of the committee on an alternating
basis.
(b) The presiding officer of the committee serves a two-year
term that expires February 1 of each odd-numbered year.
Sec. 205.004. POWERS AND DUTIES. (a) The committee shall:
(1) monitor the department's planning, programming,
and funding of the state transportation system;
(2) conduct an in-depth analysis of the state
transportation system that includes:
(A) an assessment of the cost-effectiveness of
the use of state, local, and private funds in the transportation
system;
(B) an identification of critical problems in the
transportation system, such as funding constraints; and
(C) a determination of the long-range needs of
the transportation system;
(3) recommend to the legislature:
(A) strategies to solve the problems identified
under Subdivision (2)(B); and
(B) policy priorities to address the long-range
needs determined under Subdivision (2)(C); and
(4) advise and assist the legislature in developing
plans, programs, and proposed legislation to improve the
effectiveness of the state transportation system.
(b) The committee has all other powers and duties provided
to a special committee by:
(1) Subchapter B, Chapter 301, Government Code;
(2) the rules of the senate and the house of
representatives; and
(3) policies of the senate and house committees on
administration.
Sec. 205.005. REVIEW OF RESEARCH PROGRAM. (a) The
department shall present the department's entire research program
to the committee for review and comment before adopting or
implementing the program.
(b) The committee shall review and comment on the
department's research program, including each of the individual
research projects and activities. The review of a proposed
research project must take into consideration the purpose of the
project, the proposed start and ending dates for the project, and
the cost of the project.
(c) The department shall provide to the committee quarterly
updates and an annual summary on the progress of the department's
research projects and activities.
(d) The committee may request the results of any of the
department's research projects, including draft reports from the
department or the contracted entities performing the research.
(e) A university transportation research program in this
state may:
(1) perform transportation research projects
requested by the committee; and
(2) initiate and propose transportation research
projects to the committee.
(f) The committee may request assistance from a university
transportation research program in this state in conducting
transportation research and in reviewing, evaluating, and
comparing elements of the state transportation system to the
transportation systems in other states to set needed benchmarks.
Sec. 205.006. CONTRACT WITH CONSULTING FIRM. (a) The
committee may contract with an outside management consulting firm
that is independent of the department to make recommendations
regarding an effective and efficient organizational structure for
the department, such as recommending appropriate performance
measurements and staffing levels for each major function of the
department including comparisons to best practices, after review
and analysis under Section 205.007.
(b) In performing its functions, the consulting firm shall
coordinate with the Legislative Budget Board, the State Auditor's
Office, and the department to minimize the duplication of efforts
and to perform cost effectively and in a timely manner.
(c) The committee shall:
(1) oversee the implementation of the recommendations
under this section with the goal of making the department more
efficient, transparent, and accountable, including through
reducing staff and streamlining processes; and
(2) assess the department's progress in implementing
the recommendations under this section and report on the progress
to the Senate Finance Committee and House Appropriations Committee
for consideration in establishing the department's budget as part
of the appropriations process.
Sec. 205.007. FUNCTIONS OF CONSULTING FIRM. The primary
functions of a management consulting firm the committee contracts
with under Section 205.006 include:
(1) evaluating the department's financial condition
and business practices;
(2) evaluating the department's administrative
practices and performance, including statewide transportation
planning, the department's relationship with metropolitan planning
organizations, as defined by Section 472.031, the performance of
the department's district and central offices, and the need for
standardization of the department's operations across the state;
(3) evaluating the current guidelines of metropolitan
planning organizations and all other transportation entities
within the state involved with project delivery or transportation
policy by identifying duplicative practices and providing
recommendations for better efficiency and transparency;
(4) identifying ways to streamline all processes and
procedures of policy implementations of the department, including
the environmental process;
(5) examining and evaluating the use and benefits of
performance-based maintenance contracting by the department;
(6) examining and presenting recommendations on how to
maximize the department's use of multimodal solutions;
(7) analyzing the department's compliance with
applicable laws and legislative intent;
(8) examining the efficient use of the department's
available funding, personnel, equipment, and office space;
(9) evaluating the establishment in statute of a state
pavement quality goal of having 85 percent of state roads in good or
better condition; and
(10) considering significantly expanding the use of
the private sector for planning, design, and delivery of projects
and a commitment to excellence in project and program management.
Sec. 205.008. MEETINGS. The committee shall meet at the
call of the presiding officer.
Sec. 205.009. STAFF; AUTHORITY TO CONTRACT. The committee
may hire staff or may contract with universities or other suitable
entities to assist the committee in carrying out the committee's
duties. Funding to support the operation of the committee shall be
provided from funds appropriated to the department.
Sec. 205.010. REPORT. Not later than January 1 of each
odd-numbered year, the committee shall submit to the legislature a
report that contains the recommendations described by Section
205.004(a)(3).
(b) The speaker of the house of representatives and the
lieutenant governor shall appoint members to the Transportation
Legislative Oversight Committee under Chapter 205, Transportation
Code, as added by this section, not later than January 1, 2010.
(c) Notwithstanding Section 205.003, Transportation Code,
as added by this section, the lieutenant governor, not later than
January 15, 2010, shall appoint a presiding officer for the
Transportation Legislative Oversight Committee. The presiding
officer appointed by the lieutenant governor under this section
serves a one-year term that begins on February 1, 2010, and ends on
February 1, 2011.
(d) On the effective date of this Act:
(1) all employees of the Texas Department of
Transportation who primarily perform duties related to the
department's government and public affairs research section become
employees of the Transportation Legislative Oversight Committee
under Chapter 205, Transportation Code, as added by this section;
and
(2) all funds appropriated by the legislature to the
Texas Department of Transportation for purposes related to the
department's government and public affairs research section are
transferred to the Transportation Legislative Oversight Committee
under Chapter 205, Transportation Code, as added by this section.
SECTION 1.20. (a) The first commissioner of transportation
appointed under the changes in law made by this article shall be
appointed to serve for a term that begins January 1, 2011.
(b) Until the first commissioner of transportation
appointed under this Act takes office, the members of the Texas
Transportation Commission and the executive director of the Texas
Department of Transportation serving on the effective date of this
Act shall, unless otherwise removed as provided by law, continue in
office under the prior law that governed the composition of the
Texas Transportation Commission, and that prior law is continued in
effect for that purpose. At the time the first commissioner of
transportation that is appointed under this Act takes office, the
Texas Transportation Commission is abolished.
(c) The commissioner of transportation succeeds to all
powers, duties, rights, and obligations of the Texas Transportation
Commission, and the abolition of the Texas Transportation
Commission does not affect the validity of any right, duty,
decision, rule, or action of any kind taken by or under the
authority of the commission.
ARTICLE 2. TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS
SECTION 2.01. Section 201.601, Transportation Code, is
amended to read as follows:
Sec. 201.601. STATEWIDE TRANSPORTATION PLAN. (a) The
department shall develop a statewide transportation plan covering a
period of 20 years that contains all modes of transportation,
including:
(1) highways and turnpikes;
(2) aviation;
(3) mass transportation;
(4) railroads and high-speed railroads; and
(5) water traffic.
(a-1) The plan must:
(1) contain specific, long-term transportation goals
for the state and measurable targets for each goal;
(2) identify priority corridors, projects, or areas of
the state that are of particular concern to the department in
meeting the goals established under Subdivision (1); and
(3) contain a participation plan specifying methods
for obtaining formal input on the goals and priorities identified
under this subsection from:
(A) other state agencies;
(B) political subdivisions;
(C) local planning organizations; and
(D) the general public.
(b) [In developing the plan, the department shall seek
opinions and assistance from other state agencies and political
subdivisions that have responsibility for the modes of
transportation listed by Subsection (a).] As appropriate, the
department and the entities listed in Subsection (a-1)(3) [such an
agency or political subdivision] shall enter into a memorandum of
understanding relating to the planning of transportation services.
(c) The plan must include a component that is not
financially constrained and identifies transportation improvements
designed to relieve congestion. In developing this component of
the plan, the department shall seek opinions and assistance from
officials who have local responsibility for modes of transportation
listed in Subsection (a).
(d) [The plan shall include a component, published
annually, that describes the evaluation of transportation
improvements based on performance measures, such as indices
measuring delay reductions or travel time improvements.] The
department shall consider the goals and measurable targets
established under Subsection (a-1)(1) [the performance measures]
in selecting transportation projects [improvements].
(e) The department annually shall provide to the lieutenant
governor, the speaker of the house of representatives, and the
chair of the standing committee of each house of the legislature
with primary jurisdiction over transportation issues an analysis of
the department's progress in attaining the goals under Subsection
(a-1)(1). The department shall make the information under this
subsection available on its Internet website.
(f) The department shall update the plan every five years.
SECTION 2.02. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Sections 201.6015 and 201.621 to read as
follows:
Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In
developing each of its transportation plans and policy efforts, the
department must clearly reference the 20-year plan under Section
201.601 and specify how the plan or policy effort supports or
otherwise relates to the specific goals under that section.
Sec. 201.621. COORDINATION WITH METROPOLITAN PLANNING
ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The
department shall collaborate with metropolitan planning
organizations to develop mutually acceptable assumptions for the
purposes of long-range federal and state funding forecasts and use
those assumptions to guide long-term planning in the statewide
transportation plan under Section 201.601.
SECTION 2.03. Subchapter D, Chapter 472, Transportation
Code, is amended by adding Section 472.035 to read as follows:
Sec. 472.035. COORDINATION WITH METROPOLITAN PLANNING
ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. Each
metropolitan planning organization shall work with the department
to develop mutually acceptable assumptions for the purposes of
long-range federal and state funding forecasts and use those
assumptions to guide long-term planning in the organization's
long-range transportation plan.
SECTION 2.04. (a) Subchapter J, Chapter 201,
Transportation Code, is amended by adding Sections 201.807,
201.808, 201.809, and 201.810 to read as follows:
Sec. 201.807. PROJECT INFORMATION REPORTING SYSTEM. (a)
The department shall establish a project information reporting
system that makes available in a central location on the
department's Internet website easily accessible and searchable
information regarding all of the department's transportation
plans, including the unified transportation program required by
Section 201.992. The project information reporting system shall
contain information about:
(1) each department project, including:
(A) the status of the project;
(B) each source of funding for the project;
(C) benchmarks for evaluating the progress of the
project;
(D) timelines for completing the project;
(E) a list of the department employees
responsible for the project, including information to contact each
person on that list; and
(F) the results of the annual review required
under Subsection (d);
(2) each construction work zone for a project that has
a construction phase timeline that exceeds one month or the cost of
which exceeds $5 million, including information about:
(A) the number of lanes that will remain open
during the project's construction phase;
(B) the location and duration of each lane
closure; and
(C) the expected and actual traffic delay
resulting from each lane closure;
(3) road maintenance projects, including:
(A) the criteria for designating a project as a
road maintenance project; and
(B) the condition of each road before the road
maintenance project; and
(4) the department's funds, including each source for
the department's funds and each expenditure made by the department
reported by each:
(A) department district;
(B) program funding category as required by
Section 201.992(b)(2); and
(C) type of revenue, including revenue from a
comprehensive development agreement or a toll project.
(b) In developing the project information reporting system,
the department shall collaborate with:
(1) the legislature;
(2) local transportation entities as defined by
Section 201.991; and
(3) members of the public.
(c) The department shall make the statistical information
provided under this section available on the department's Internet
website in more than one downloadable electronic format.
(d) As a component of the project information reporting
system required by this section, the department shall conduct an
annual review of the benchmarks and timelines of each project
included in the department's transportation plans, including the
unified transportation program, to determine the completion rates
of the projects and whether the projects were completed on time.
(e) The department shall continuously update the
information contained in the project information reporting system.
Sec. 201.808. TRANSPORTATION EXPENDITURE PRIORITIES. (a)
The department shall develop a process to identify and distinguish
between the transportation projects that are required to maintain
the state infrastructure and the transportation projects that would
improve the state infrastructure in a manner consistent with the
statewide transportation plan required by Section 201.601.
(b) The department shall establish a transportation
expenditure reporting system that makes available in a central
location on the department's Internet website easily accessible and
searchable information regarding the priorities of transportation
expenditures for the identified transportation projects.
(c) The department shall include in the transportation
expenditure reporting system:
(1) a list of the most significant transportation
problems in each department district as described by the statewide
transportation plan developed under Section 201.601, including the
component required by Section 201.601(c);
(2) the evaluation of the effectiveness of
expenditures by the department required by Section 201.601(d);
(3) reports prepared by the department or an
institution of higher education that evaluate the effectiveness of
the department's expenditures on transportation projects to
achieve the transportation goal;
(4) information about the condition of the pavement
for each highway under the jurisdiction of the department,
including:
(A) the international roughness index issued by
the United States Department of Transportation Federal Highway
Administration; and
(B) the percentage of pavement that the
department determines to be in good or better condition;
(5) the condition of bridges, including information
about:
(A) bridges that are structurally deficient or
functionally obsolete; and
(B) bridge deterioration scores;
(6) information about traffic congestion and traffic
delays, including:
(A) the locations of the worst traffic delays;
(B) the variable travel time for major streets
and highways in this state; and
(C) the effect of traffic congestion on motor
vehicle travel and motor carriers; and
(7) information about traffic accidents, injuries,
and fatalities, including a list of the locations in each
department district for the highest number of traffic accidents,
injuries, or fatalities.
(d) The department shall provide the information made
available under Subsection (c) in a format that allows a person to
conduct electronic searches for information regarding a specific
county, highway under the jurisdiction of the department, or class
of road.
(e) The department shall establish criteria to prioritize
the transportation needs for the state that is consistent with the
statewide transportation plan.
(f) Each department district shall enter information into
the transportation expenditure reporting system, including
information about:
(1) each district transportation project; and
(2) the priority category to which the project has
been assigned according to Section 201.996.
(g) The transportation expenditure reporting system shall
allow a person to compare information produced by that system to
information produced by the project information reporting system.
Sec. 201.809. STATEWIDE TRANSPORTATION REPORT. (a) The
department annually shall evaluate and publish a report about the
status of each transportation goal for this state. The report must
include:
(1) information about the progress of each long-term
transportation goal that is identified by the statewide
transportation plan;
(2) the status of each project identified as a major
priority;
(3) a summary of the number of statewide project
implementation benchmarks that have been completed; and
(4) information about the accuracy of previous
department financial forecasts.
(b) The department shall disaggregate the information in
the report by legislative district and by department district.
(c) The department shall provide a copy of the legislative
district report to each member of the legislature, and at the
request of a member, a department employee shall meet with the
member to explain the report.
(d) The department shall provide a copy of each district
report to the political subdivisions located in the department
district that is the subject of the report, including:
(1) a municipality;
(2) a county; and
(3) a local transportation entity as defined by
Section 201.991.
Sec. 201.810. DEPARTMENT INFORMATION CONSOLIDATION. (a)
To the extent practicable and to avoid duplication of reporting
requirements, the department may combine the reports required under
this subchapter with reports required under other provisions of
this code.
(b) The department shall develop a central location on the
department's Internet website that provides easily accessible and
searchable information to the public contained in the reports
required under this subchapter and other provisions of this code.
(b) Not later than September 1, 2009, the Texas Department
of Transportation shall establish the central location on the
department's Internet website required by Section 201.810,
Transportation Code, as added by this section.
SECTION 2.05. Chapter 201, Transportation Code, is amended
by adding Subchapter P to read as follows:
SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM
Sec. 201.991. DEFINITION. In this subchapter, "local
transportation entity" means any entity that participates in the
transportation planning process. The term includes a metropolitan
planning organization as defined by Section 472.031, a regional
tollway authority organized under Chapter 366, a regional
transportation authority operating under Chapter 452, and a rural
transit district as defined by Section 458.001.
Sec. 201.992. UNIFIED TRANSPORTATION PROGRAM. (a) The
department shall develop a unified transportation program covering
a period of 11 years to guide the development of and authorize
construction of transportation projects. The program must:
(1) annually identify target funding levels; and
(2) list all projects that the department intends to
develop or begin construction of during the program period.
(b) The department shall adopt rules that:
(1) specify the criteria for selecting projects to be
included in the program;
(2) define program funding categories, including
categories for safety, maintenance, and mobility; and
(3) define each phase of a major transportation
project, including the planning, programming, implementation, and
construction phases.
(c) The department shall publish the entire unified
transportation program and summary documents highlighting project
benchmarks, priorities, and forecasts in appropriate media and on
the department's Internet website in a format that is easily
understandable by the public.
(d) In developing the rules required by this section, the
department shall collaborate with local transportation entities.
Sec. 201.993. ANNUAL UPDATE TO UNIFIED TRANSPORTATION
PROGRAM. (a) The department shall annually update the unified
transportation program.
(b) The annual update must include:
(1) the annual funding forecast required by Section
201.994;
(2) the list of major transportation projects required
by Section 201.995(b); and
(3) the projects included in each program priority
category established by Section 201.996.
(c) The department shall collaborate with local
transportation entities to develop the annual update to the unified
transportation program.
Sec. 201.994. ANNUAL FUNDING AND CASH FLOW FORECASTS. (a)
The department annually shall:
(1) develop and publish a forecast of all funds the
department expects to receive, including funds from this state and
the federal government; and
(2) use that forecast to guide planning for the
unified transportation program.
(b) The department shall collaborate with local
transportation entities to develop scenarios for the forecast
required by Subsection (a) based on mutually acceptable funding
assumptions.
(c) Not later than January 31 of each odd-numbered year, the
department shall prepare and publish a cash flow forecast for a
period of 10 years.
Sec. 201.995. MAJOR TRANSPORTATION PROJECTS. (a) The
department shall by rule:
(1) establish criteria for designating a project as a
major transportation project;
(2) develop benchmarks for evaluating the progress of
a major transportation project and timelines for implementation and
construction of a major transportation project; and
(3) determine which critical benchmarks must be met
before a major transportation project may enter the implementation
phase of the unified transportation program.
(b) The department annually shall update the list of
projects that are designated as major transportation projects.
(c) In adopting rules required by this section, the
department shall collaborate with local transportation entities.
Sec. 201.996. PROGRAM PRIORITY CATEGORIES. (a) The
department by rule shall establish categories in the unified
transportation program to designate the priority of each project
included in the program and shall assign each project a category.
(b) The department shall collaborate with local
transportation entities when assigning each project included in the
unified transportation program to a category established under
Subsection (a).
(c) The highest priority category within the unified
transportation program must consist of projects designated as major
transportation projects.
Sec. 201.997. FUNDING ALLOCATION. (a) The department by
rule shall establish formulas for allocating funds in each category
described by Section 201.992(b)(2).
(b) The department shall update the formulas established
under this section at least every five years.
Sec. 201.998. FUND DISTRIBUTION. (a) The department shall
allocate funds to the department districts based on the formulas
adopted under Section 201.997.
(b) In distributing funds to department districts, the
department may not exceed the cash flow forecast prepared and
published under Section 201.994(c).
Sec. 201.999. WORK PROGRAM. (a) Each department district
shall develop a consistently formatted work program based on the
unified transportation program covering a period of four years that
contains all projects that the district proposes to implement
during that period.
(b) The work program must contain:
(1) information regarding the progress of projects
designated as major transportation projects, according to project
implementation benchmarks and timelines established under Section
201.995; and
(2) a summary of the progress on other district
projects.
(c) The department shall use the work program to:
(1) monitor the performance of the district; and
(2) evaluate the performance of district employees.
(d) The department shall publish the work program in
appropriate media and on the department's Internet website.
SECTION 2.06. Chapter 472, Transportation Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. RURAL PLANNING ORGANIZATIONS
Sec. 472.051. DEFINITION. In this subchapter, "rural
planning organization" means an organization created under this
subchapter for the purpose of transportation planning in a rural
area of this state.
Sec. 472.052. CREATION. To the extent practicable through
the use of existing resources, the department shall facilitate the
creation of rural planning organizations in cooperation with
councils of governments, municipal and county governments, and
other local transportation entities. The structure and membership
of a rural planning organization may vary according to the
transportation and other governmental needs of the area served by
the organization.
Sec. 472.053. TRANSPORTATION PLANNING. A rural planning
organization may:
(1) establish transportation priorities and approve
transportation projects in the boundaries of the area served by the
organization;
(2) select projects for inclusion in the statewide
transportation improvement program; and
(3) provide input to the department on projects
involving the connectivity of the state highway system.
Sec. 472.054. REALIGNMENT OF DEPARTMENT DISTRICTS IN RURAL
AREAS. In facilitating the creation of rural planning
organizations under this subchapter, the department shall consider
whether changing its districts' boundaries to align more closely
with those of existing councils of governments would better
facilitate rural transportation planning.
Sec. 472.055. DEPARTMENT PARTICIPATION. The department
shall:
(1) provide funds and personnel to assist rural
planning organizations with rural transportation planning; and
(2) work with rural planning organizations to identify
available sources of funding for rural transportation planning,
which may include federal funds or transportation development
credits.
ARTICLE 3. PUBLIC INVOLVEMENT AND COMPLAINTS
SECTION 3.01. (a) Section 201.801, Transportation Code, is
amended to read as follows:
Sec. 201.801. [INFORMATION ABOUT DEPARTMENT;] COMPLAINTS.
(a) The department shall maintain a system to promptly and
efficiently act on complaints filed with the department. The
department shall maintain information about the parties to and the
subject matter of a complaint and a summary of the results of the
review or investigation of the complaint and the disposition of the
complaint.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution [prepare information of public interest describing the
functions of the department and the department's procedures by
which a complaint is filed with the department and resolved by the
department. The department shall make the information available to
the public and appropriate state agencies].
[(b) The commission by rule shall establish methods by which
consumers and service recipients are notified of the department's
name, mailing address, and telephone number for directing
complaints to the department. The commission may provide for that
notification:
[(1) on each registration form, application, or
written contract for services of an individual or entity regulated
by the department;
[(2) on a sign prominently displayed in the place of
business of each individual or entity regulated by the department;
or
[(3) in a bill for service provided by an individual or
entity regulated by the department.]
(c) [The department shall:
[(1) keep an information file about each written
complaint filed with the department that the department has the
authority to resolve; and
[(2) provide the person who filed the complaint, and
each person or entity that is the subject of the complaint,
information about the department's policies and procedures
relating to complaint investigation and resolution.
[(d)] The department[, at least quarterly and until final
disposition of a written complaint that is filed with the
department and that the department has the authority to resolve,]
shall periodically notify the parties to the complaint of its
status until final disposition [unless the notice would jeopardize
an undercover investigation].
(d) The commission shall adopt rules applicable to each
division and district to establish a process to act on complaints
filed with the department [(e) With regard to each complaint filed
with the department, the department shall keep the following
information:
[(1) the date the complaint is filed;
[(2) the name of the person filing the complaint;
[(3) the subject matter of the complaint;
[(4) a record of each person contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) if the department takes no action on the
complaint, an explanation of the reasons that no action was taken].
(e) The department shall develop a standard form for
submitting a complaint and make the form available on its Internet
website. The department shall establish a method to submit
complaints electronically.
(f) The department shall develop a method for analyzing the
sources and types of complaints and violations and establish
categories for the complaints and violations. The department shall
use the analysis to focus its information and education efforts on
specific problem areas identified through the analysis.
(g) The department shall:
(1) compile:
(A) detailed statistics and analyze trends on
complaint information, including:
(i) the nature of the complaints;
(ii) their disposition; and
(iii) the length of time to resolve
complaints; and
(B) complaint information on a district and a
divisional basis; and
(2) report the information on a monthly basis to the
division directors and district engineers and on a quarterly basis
to the commissioner.
(b) The Texas Department of Transportation shall adopt
rules under Section 201.801, Transportation Code, as amended by
this section not later than March 1, 2010.
SECTION 3.02. Subchapter J, Chapter 201, Transportation
Code, is amended by adding Section 201.811 to read as follows:
Sec. 201.811. PUBLIC INVOLVEMENT POLICY. (a) The
department shall develop and implement a policy for public
involvement that guides and encourages public involvement with the
department. The policy must:
(1) provide for the use of public involvement
techniques that target different groups and individuals;
(2) encourage continuous contact between the
department and persons outside the department throughout the
transportation decision-making process;
(3) require the department to make efforts toward:
(A) clearly tying public involvement to
decisions made by the department; and
(B) providing clear information to the public
about specific outcomes of public input; and
(4) apply to all public input with the department,
including input:
(A) on statewide transportation policy-making;
(B) in connection with the environmental process
relating to specific projects; and
(C) into the department's rulemaking procedures.
(b) The department shall document the ratio of positive
public input to negative public input regarding all environmental
impact statements as expressed by the public through the
department's public involvement process. The department shall:
(1) present this information to the commissioner in an
open meeting; and
(2) report this information on the department's
Internet website in a timely manner.
ARTICLE 4. CONTRACTING FUNCTIONS
SECTION 4.01. Section 223.002, Transportation Code, is
amended to read as follows:
Sec. 223.002. NOTICE OF BIDS [BY PUBLICATION]. [(a)] The
department shall give [publish] notice to interested persons
regarding [of] the time and place at which bids on a contract will
be opened and the contract awarded. The department by rule shall
determine the most effective method for providing the notice
required by this section.
[(b) The notice must be published in a newspaper published
in the county in which the improvement is to be made once a week for
at least two weeks before the time set for awarding the contract and
in two other newspapers that the department may designate.
[(c) Instead of the notice required by Subsection (b), if
the department estimates that the contract involves an amount less
than $300,000, notice may be published in two successive issues of a
newspaper published in the county in which the improvement is to be
made.
[(d) If a newspaper is not published in the county in which
the improvement is to be made, notice shall be published in a
newspaper published in the county:
[(1) nearest the county seat of the county in which the
improvement is to be made; and
[(2) in which a newspaper is published.]
SECTION 4.02. Subchapter A, Chapter 223, Transportation
Code, is amended by adding Section 223.017 to read as follows:
Sec. 223.017. DESIGN-BUILD CONTRACTS FOR NONTOLLED HIGHWAY
PROJECTS. (a) In this section, "design-build contract" means an
agreement with a private entity for the design and construction,
rehabilitation, expansion, or improvement of a highway project but
does not include the financing or operation of the highway.
(b) The department may enter into a design-build contract
for a nontolled highway project.
(c) Notwithstanding Section 223.0041, if the department
enters into a design-build contract under this section, the
department shall use a competitive procurement process that
provides the best value for the department.
(d) The department shall adopt rules specifying the
conditions under which a design-build contract may be considered.
In developing rules the department must address:
(1) the size and complexity of an eligible project;
(2) the time constraints for delivery of an eligible
project;
(3) the level and training of the staff required to
manage an eligible project; and
(4) other factors the department considers important.
SECTION 4.03. (a) Subchapter E, Chapter 223,
Transportation Code, is amended by adding Section 223.211 to read
as follows:
Sec. 223.211. APPROVAL AND CERTIFICATION. A comprehensive
development agreement, including a facility agreement under a
comprehensive development agreement, under which a private entity
will operate a toll project or be entitled to receive revenue from
the project must be:
(1) reviewed by the attorney general for legal
sufficiency under Section 371.051, as added by Chapter 264 (S.B.
792), Acts of the 80th Legislature, Regular Session, 2007, and
signed by the attorney general, if approved;
(2) reviewed by the comptroller for financial
viability and signed and certified by the comptroller if approved;
and
(3) signed by the commissioner.
(b) The change in law made by Section 223.211,
Transportation Code, as added by this section, applies only to a
comprehensive development agreement entered into on or after the
effective date of this Act.
ARTICLE 5. REGULATION OF MOTOR VEHICLE DEALERS, SALVAGE VEHICLE
DEALERS, AND HOUSEHOLD GOODS CARRIERS
SECTION 5.01. (a) Section 643.153, Transportation Code, is
amended by amending Subsection (b) and adding Subsections (c), (h),
and (i) to read as follows:
(b) The department may adopt rules necessary to ensure that
a customer of a motor carrier transporting household goods is
protected from deceptive or unfair practices and unreasonably
hazardous activities. The rules must:
(1) establish a formal process for resolving a dispute
over a fee or damage;
(2) require a motor carrier to indicate clearly to a
customer whether an estimate is binding or nonbinding and disclose
the maximum price a customer could be required to pay;
(3) create a centralized process for making complaints
about a motor carrier that also allows a customer to inquire about a
carrier's complaint record; [and]
(4) require a motor carrier transporting household
goods to list a place of business with a street address in this
state and the carrier's registration number issued under this
article in any print advertising published in this state; and
(5) require a motor carrier transporting household
goods to inform the department whether the motor carrier has
requested criminal history record information on its employees
under Chapter 145, Civil Practice and Remedies Code.
(c) The department shall make available to the public on the
department's Internet website the information received under
Subsection (b)(5) to allow members of the public to make an informed
choice when selecting a motor carrier to transport household goods.
For the purposes of this subsection, the department may require a
motor carrier transporting household goods that requests criminal
history record information on its employees to submit to the
department, at the time of the original motor carrier registration
and at the renewal of the registration, documentation that the
criminal history record information:
(1) has been requested and obtained;
(2) is regularly updated; and
(3) is used to exclude from employment persons who
have committed a serious criminal offense.
(h) Subject to Subsection (i), the department may order a
motor carrier that transports household goods to pay a refund to a
customer as provided in an agreement resulting from an informal
settlement instead of or in addition to imposing an administrative
penalty under this chapter.
(i) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement may not exceed the
amount the customer paid to the motor carrier for a service or the
amount the customer paid for an item damaged by the motor carrier,
without requiring an estimation of the actual cost of the damage.
The department may not require payment of other damages or estimate
harm in a refund order.
(b) The change in law made by Sections 643.153(h) and (i),
Transportation Code, as added by this section, applies only to an
agreement to transport household goods entered into on or after the
effective date of this Act. An agreement to transport household
goods entered into before the effective date of this Act is governed
by the law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 5.02. (a) Section 643.251, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by this section, the amount of an
administrative penalty may not exceed $5,000. If it is found that
the motor carrier knowingly committed the violation, the penalty
may not exceed $15,000. Except as provided by Subsection (b-1), if
[If] it is found that the motor carrier knowingly committed
multiple violations, the aggregate penalty for the multiple
violations may not exceed $30,000. Each day a violation continues
or occurs is a separate violation for purposes of imposing a
penalty.
(b-1) The limit on the aggregate penalty for multiple
violations in Subsection (b) does not apply to a motor carrier
transporting household goods.
(b) The change in law made by this section to Section
643.251, Transportation Code, applies only to a violation committed
by a motor carrier on or after the effective date of this Act. For
purposes of this subsection, a violation was committed before the
effective date of this Act if any element of the violation was
committed before that date. A violation committed by a motor
carrier before the effective date of this Act is covered by the law
in effect on the date the violation was committed, and the former
law is continued in effect for that purpose.
SECTION 5.03. Subchapter F, Chapter 643, Transportation
Code, is amended by adding Sections 643.256 and 643.257 to read as
follows:
Sec. 643.256. SUMMARY SUSPENSION. (a) The department may
summarily suspend the registration of a motor carrier registered
under this chapter if the motor carrier's failure to comply with
this chapter or a rule adopted under this chapter is determined by
the department to constitute a continuing and imminent threat to
the public safety and welfare.
(b) To initiate a proceeding to take action under Subsection
(a), the department must serve notice on the motor carrier. The
notice must:
(1) state the grounds for summary suspension;
(2) be personally served on the motor carrier or sent
to the motor carrier by certified or registered mail, return
receipt requested, to the motor carrier's mailing address as it
appears in the department's records; and
(3) inform the motor carrier of the right to a hearing
on the suspension.
(c) The suspension is effective on the date that notice is
personally served or received by mail. The motor carrier is
entitled to appeal the suspension in the manner provided by Section
643.2525 for the appeal of an order of the director.
Sec. 643.257. EMERGENCY CEASE AND DESIST ORDER. (a) If it
appears to the director that a motor carrier who is not registered
to transport household goods for compensation under Section 643.051
is violating this chapter, a rule adopted under this chapter, or
another state statute or rule relating to the transportation of
household goods and the director determines that the unauthorized
activity constitutes a clear, imminent, or continuing threat to the
public health and safety, the director may:
(1) issue an emergency cease and desist order
prohibiting the motor carrier from engaging in the activity; and
(2) report the activity to a local law enforcement
agency or the attorney general for prosecution.
(b) An order issued under Subsection (a) must:
(1) be delivered on issuance to the motor carrier
affected by the order by personal delivery or registered or
certified mail, return receipt requested, to the motor carrier's
last known address;
(2) state the acts or practices alleged to be an
unauthorized activity and require the motor carrier immediately to
cease and desist from the unauthorized activity; and
(3) contain a notice that a request for hearing may be
filed under this section.
(c) A motor carrier against whom an emergency cease and
desist order is directed may request a hearing before the 11th day
after the date it is served on the motor carrier. If the motor
carrier does not request a hearing in that time, the order is final
and nonappealable as to that motor carrier. A request for a
hearing must:
(1) be in writing and directed to the director; and
(2) state the grounds for the request to set aside or
modify the order.
(d) On receiving a request for a hearing, the director shall
serve notice of the time and place of the hearing by personal
delivery or registered or certified mail, return receipt
requested. The hearing must be held not later than the 10th day
after the date the director receives the request for a hearing
unless the parties agree to a later hearing date. A hearing under
this subsection is subject to Chapter 2001, Government Code.
(e) After the hearing, the director shall affirm, modify, or
set aside wholly or partly the emergency cease and desist order. An
order affirming or modifying the emergency cease and desist order
is immediately final for purposes of enforcement and appeal.
(f) An order under this section continues in effect unless
the order is stayed by the director. The director may impose any
condition before granting a stay of the order.
(g) The director may release to the public a final cease and
desist order issued under this section or information regarding the
existence of the order if the director determines that the release
would enhance the effective enforcement of the order or will serve
the public interest.
(h) A violation of an order issued under this section
constitutes additional grounds for imposing an administrative
penalty under this chapter.
SECTION 5.04. Section 2301.654, Occupations Code, is
amended to read as follows:
Sec. 2301.654. PROBATION. If a suspension of a license is
probated, the board may:
(1) require the license holder to report regularly to
the board on matters that are the basis of the probation; [or]
(2) limit activities to those prescribed by the board;
or
(3) require the license holder to obtain specialized
training so that the license holder attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
SECTION 5.05. (a) Subchapter Q, Chapter 2301, Occupations
Code, is amended by adding Sections 2301.807 and 2301.808 to read as
follows:
Sec. 2301.807. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty on a person licensed under
this chapter who violates this chapter or a rule or order adopted
under this chapter.
(b) The amount of an administrative penalty imposed under
this section may not exceed $5,000. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a
penalty. The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) the threat to the public safety and welfare;
(6) efforts to correct the violation; and
(7) any other matter that justice may require.
(c) The transportation commission by rule shall adopt a
schedule of administrative penalties based on the criteria listed
in Subsection (b) for violations subject to an administrative
penalty under this section to ensure that the amount of a penalty
imposed is appropriate to the violation.
(d) The enforcement of an administrative penalty may be
stayed during the time the order is under judicial review if the
person pays the penalty to the clerk of the court or files a
supersedeas bond with the court in the amount of the penalty. A
person who cannot afford to pay the penalty or file the bond may
stay the enforcement by filing an affidavit in the manner required
by the Texas Rules of Civil Procedure for a party who cannot afford
to file security for costs, subject to the right of the
transportation commission to contest the affidavit as provided by
those rules.
(e) The attorney general may sue to collect an
administrative penalty imposed under this section. In the suit the
attorney general may recover, on behalf of the state, the
reasonable expenses incurred in obtaining the penalty, including
investigation and court costs, reasonable attorney's fees, witness
fees, and other expenses.
(f) An administrative penalty collected under this section
shall be deposited in the general revenue fund.
(g) A proceeding to impose an administrative penalty under
this section is a contested case under Chapter 2001, Government
Code.
Sec. 2301.808. REFUND. (a) Subject to Subsection (b), the
director may order a motor vehicle dealer to pay a refund to a
consumer as provided in an agreement resulting from an informal
settlement instead of or in addition to imposing an administrative
penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement may not exceed the
amount the consumer paid to the motor vehicle dealer. The director
may not require payment of other damages or estimate harm in a
refund order.
(b) Subchapter H, Chapter 2302, Occupations Code, is
amended by adding Section 2302.352 to read as follows:
Sec. 2302.352. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty on a salvage vehicle dealer
licensed under this chapter who violates this chapter or a rule or
order adopted under this chapter.
(b) The amount of an administrative penalty imposed under
this section may not exceed $5,000. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a
penalty. The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) the threat to the public safety and welfare;
(6) efforts to correct the violation; and
(7) any other matter that justice may require.
(c) The commission by rule shall adopt a schedule of
administrative penalties based on the criteria listed in Subsection
(b) for violations subject to an administrative penalty under this
section to ensure that the amount of a penalty imposed is
appropriate to the violation.
(d) The enforcement of an administrative penalty may be
stayed during the time the order is under judicial review if the
person pays the penalty to the clerk of the court or files a
supersedeas bond with the court in the amount of the penalty. A
person who cannot afford to pay the penalty or file the bond may
stay the enforcement by filing an affidavit in the manner required
by the Texas Rules of Civil Procedure for a party who cannot afford
to file security for costs, subject to the right of the commission
to contest the affidavit as provided by those rules.
(e) The attorney general may sue to collect an
administrative penalty imposed under this section. In the suit the
attorney general may recover, on behalf of the state, the
reasonable expenses incurred in obtaining the penalty, including
investigation and court costs, reasonable attorney's fees, witness
fees, and other expenses.
(f) An administrative penalty collected under this section
shall be deposited in the general revenue fund.
(g) A proceeding to impose an administrative penalty under
this section is a contested case under Chapter 2001, Government
Code.
(c) The change in law made by Section 2301.808, Occupations
Code, as added by this section, applies only to a motor vehicle
purchased or leased on or after the effective date of this Act. A
motor vehicle purchased or leased before the effective date of this
Act is governed by the law in effect immediately before that date,
and that law is continued in effect for that purpose.
ARTICLE 6. REGULATION OF OUTDOOR ADVERTISING
SECTION 6.01. Section 391.004, Transportation Code, is
amended to read as follows:
Sec. 391.004. TEXAS HIGHWAY BEAUTIFICATION FUND ACCOUNT.
The Texas highway beautification fund account is an account in the
general revenue fund. Money the commission receives under this
chapter shall be deposited to the credit of the Texas highway
beautification fund account. The commission shall use money in the
Texas highway beautification fund account to administer this
chapter and Chapter 394.
SECTION 6.02. (a) Subchapter A, Chapter 391,
Transportation Code, is amended by adding Section 391.006 to read
as follows:
Sec. 391.006. COMPLAINTS; RECORDS. (a) The department by
rule shall establish procedures for accepting and resolving written
complaints related to outdoor advertising under this chapter. The
rules must include:
(1) a process to make information available describing
its procedures for complaint investigation and resolution,
including making information about the procedures available on the
department's Internet website;
(2) a simple form for filing complaints with the
department;
(3) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(4) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) The department shall provide to each person who files a
written complaint with the department, and to each person who is the
subject of a complaint, information about the department's policies
and procedures relating to complaint investigation and resolution.
(c) The department shall keep an information file about each
written complaint filed with the department that the department has
authority to resolve. The department shall keep the following
information for each complaint for the purpose of enforcing this
chapter:
(1) the date the complaint is filed;
(2) the name of the person filing the complaint;
(3) the subject matter of the complaint;
(4) each person contacted in relation to the
complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) if the department does not take action on the
complaint, an explanation of the reasons that action was not taken.
(d) If a written complaint is filed with the department that
the department has authority to resolve, the department, at least
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless the notice would jeopardize an ongoing department
investigation.
(b) The Texas Transportation Commission shall adopt rules
under Section 391.006, Transportation Code, as added by this
section, not later than September 1, 2010.
SECTION 6.03. Subchapter B, Chapter 391, Transportation
Code, is amended by adding Section 391.0331 to read as follows:
Sec. 391.0331. COSTS OF REMOVAL OF CERTAIN OUTDOOR
ADVERTISING IN MUNICIPALITY. If outdoor advertising located in a
municipality is required to be removed because of the widening,
construction, or reconstruction of a road to which this chapter
applies and if relocation of the outdoor advertising would be
allowed under commission rules but is prohibited by charter,
ordinance, or a decision of the municipality, the municipality
shall pay just compensation to:
(1) the owner for the right, title leasehold, and
interest in the outdoor advertising; and
(2) the owner or, if appropriate, the lessee of the
real property on which the outdoor advertising is located for the
right to erect and maintain the outdoor advertising.
SECTION 6.04. Section 391.035(c), Transportation Code, is
amended to read as follows:
(c) A penalty collected under this section shall be
deposited to the credit of the Texas highway beautification [state
highway] fund account if collected by the attorney general and to
the credit of the county road and bridge fund of the county in which
the violation occurred if collected by a district or county
attorney.
SECTION 6.05. Subchapter B, Chapter 391, Transportation
Code, is amended by adding Section 391.0355 to read as follows:
Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a
suit to collect a civil penalty, the commission, after notice and an
opportunity for a hearing before the commission, may impose an
administrative penalty against a person who violates this chapter
or a rule adopted by the commission under this chapter. Each day a
violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed
the maximum amount of a civil penalty under Section 391.035.
(c) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
(d) Judicial review of an appeal of an administrative
penalty imposed under this section is under the substantial
evidence rule.
(e) An administrative penalty collected under this section
shall be deposited to the credit of the Texas highway
beautification fund account.
SECTION 6.06. Section 391.063, Transportation Code, is
amended to read as follows:
Sec. 391.063. LICENSE FEE. The commission may set the
amount of a license fee according to a scale graduated by the number
of units of outdoor advertising and number of off-premise signs
under Chapter 394 owned by a license applicant.
SECTION 6.07. Section 391.065(b), Transportation Code, is
amended to read as follows:
(b) For the efficient management and administration of this
chapter and to reduce the number of employees required to enforce
this chapter, the commission shall adopt rules for issuing
standardized forms that are for submission by license holders and
applicants and that provide for an accurate showing of the number,
location, or other information required by the commission for each
license holder's or applicant's outdoor advertising or off-premise
signs under Chapter 394.
SECTION 6.08. Section 391.066, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) The commission may deny the renewal of a license
holder's license if the license holder has not complied with the
permit requirements of this chapter or Chapter 394.
SECTION 6.09. Subchapter C, Chapter 391, Transportation
Code, is amended by adding Section 391.0661 to read as follows:
Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to
authorizing a person to erect or maintain outdoor advertising, a
license issued under this chapter authorizes a person to erect or
maintain an off-premise sign under Chapter 394.
SECTION 6.10. Section 391.254(c), Transportation Code, is
amended to read as follows:
(c) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the Texas highway
beautification [state highway] fund account.
SECTION 6.11. Section 394.005, Transportation Code, is
amended to read as follows:
Sec. 394.005. DISPOSITION OF FEES. Money the commission
receives [A registration fee collected] under this chapter [Section
394.048 by the commission] shall be deposited to the credit of the
Texas highway beautification [state highway] fund account.
SECTION 6.12. (a) Subchapter A, Chapter 394,
Transportation Code, is amended by adding Section 394.006 to read
as follows:
Sec. 394.006. COMPLAINTS; RECORDS. (a) The department by
rule shall establish procedures for accepting and resolving written
complaints related to signs under this chapter. The rules must
include:
(1) a process to make information available describing
its procedures for complaint investigation and resolution,
including making information about the procedures available on the
department's Internet website;
(2) a simple form for filing complaints with the
department;
(3) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(4) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) The department shall provide to each person who files a
written complaint with the department, and to each person who is the
subject of a complaint, information about the department's policies
and procedures relating to complaint investigation and resolution.
(c) The department shall keep an information file about each
written complaint filed with the department that the department has
authority to resolve. The department shall keep the following
information for each complaint for the purpose of enforcing this
chapter:
(1) the date the complaint is filed;
(2) the name of the person filing the complaint;
(3) the subject matter of the complaint;
(4) each person contacted in relation to the
complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) if the department does not take action on the
complaint, an explanation of the reasons that action was not taken.
(d) If a written complaint is filed with the department that
the department has authority to resolve, the department, at least
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless the notice would jeopardize an ongoing department
investigation.
(b) The Texas Transportation Commission shall adopt rules
under Section 394.006, Transportation Code, as added by this
section, not later than September 1, 2010.
SECTION 6.13. Subchapter A, Chapter 394, Transportation
Code, is amended by adding Section 394.007 to read as follows:
Sec. 394.007. COSTS FOR REMOVAL OF SIGNS IN
EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. (a) This
section applies only to a sign located in the extraterritorial
jurisdiction of a municipality that regulates signs in its
extraterritorial jurisdiction.
(b) If a sign is required to be removed because of the
widening, construction, or reconstruction of a road to which this
chapter applies and if relocation of the sign would be allowed under
commission rules but is prohibited by charter, ordinance, or a
decision of the municipality, the municipality shall pay just
compensation to:
(1) the owner for the right, title leasehold, and
interest in the sign; and
(2) the owner or, if appropriate, the lessee of the
real property on which the sign is located for the right to erect
and maintain the sign.
SECTION 6.14. The heading to Subchapter B, Chapter 394,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN
SECTION 6.15. (a) Subchapter B, Chapter 394,
Transportation Code, is amended by adding Sections 394.0201,
394.0202, 394.0203, 394.0204, 394.0205, 394.0206, 394.0207,
394.027, 394.028, and 394.029 to read as follows:
Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE;
OFFENSE. (a) A person commits an offense if the person wilfully
erects or maintains an off-premise sign on a rural road without a
license under this subchapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000. Each
day of the proscribed conduct is a separate offense.
(c) A person is not required to obtain a license to erect or
maintain an on-premise sign.
Sec. 394.0202. ISSUANCE AND PERIOD OF LICENSE. (a) The
commission shall issue a license to a person who:
(1) files with the commission a completed application
form within the time specified by the commission;
(2) pays the appropriate license fee; and
(3) files with the commission a surety bond.
(b) A license may be issued for one year or longer.
(c) At least 30 days before the date on which a person's
license expires, the commission shall notify the person of the
impending expiration. The notice must be in writing and sent to the
person's last known address according to the records of the
commission.
Sec. 394.0203. LICENSE FEE. The commission may set the
amount of a license fee according to a scale graduated by the number
of off-premise signs and units of outdoor advertising under Chapter
391 owned by a license applicant.
Sec. 394.0204. SURETY BOND. (a) The surety bond required
of an applicant for a license under Section 394.0202 must be:
(1) in the amount of $2,500 for each county in the
state in which the person erects or maintains an off-premise sign;
and
(2) payable to the commission for reimbursement for
removal costs of an off-premise sign that the license holder
unlawfully erects or maintains.
(b) A person may not be required to provide more than
$10,000 in surety bonds.
Sec. 394.0205. RULES; FORMS. (a) The commission may adopt
rules to implement Sections 394.0201(a), 394.0202, 394.0203,
394.0204, and 394.0206.
(b) For the efficient management and administration of this
chapter and to reduce the number of employees required to enforce
this chapter, the commission shall adopt rules for issuing
standardized forms that are for submission by license holders and
applicants and that provide for an accurate showing of the number,
location, or other information required by the commission for each
license holder's or applicant's off-premise signs or outdoor
advertising under Chapter 391.
(c) The commission may not adopt a rule under this chapter
that restricts competitive bidding or advertising by the holder of
a license issued under this chapter other than a rule to prohibit
false, misleading, or deceptive practices. The limitation provided
by this section applies only to rules relating to the occupation of
outdoor advertiser and does not affect the commission's power to
regulate the orderly and effective display of an off-premise sign
under this chapter. A rule to prohibit false, misleading, or
deceptive practices may not:
(1) restrict the use of:
(A) any legal medium for an advertisement;
(B) the license holder's advertisement under a
trade name; or
(C) the license holder's personal appearance or
voice in an advertisement, if the license holder is an individual;
or
(2) relate to the size or duration of an advertisement
by the license holder.
Sec. 394.0206. REVOCATION OR SUSPENSION OF LICENSE; APPEAL.
(a) The commission may revoke or suspend a license issued under
this subchapter or place on probation a license holder whose
license is suspended if the license holder violates this chapter or
a rule adopted under this chapter. If the suspension of the license
is probated, the department may require the license holder to
report regularly to the commission on any matter that is the basis
of the probation.
(b) The judicial appeal of the revocation or suspension of a
license must be initiated not later than the 15th day after the date
of the commission's action.
(c) The commission may adopt rules for the reissuance of a
revoked or suspended license and may set fees for the reissuance.
(d) The commission may deny the renewal of a license
holder's existing license if the license holder has not complied
with the permit requirements of this chapter or Chapter 391.
Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to
authorizing a person to erect or maintain an off-premise sign, a
license issued under this chapter authorizes a person to erect or
maintain outdoor advertising under Chapter 391.
Sec. 394.027. FEE AMOUNTS. The license and permit fees
required by this subchapter may not exceed an amount reasonably
necessary to cover the administrative costs incurred to enforce
this chapter.
Sec. 394.028. EXCEPTIONS FOR CERTAIN NONPROFIT
ORGANIZATIONS. (a) The combined license and permit fees under this
subchapter may not exceed $10 for an off-premise sign erected and
maintained by a nonprofit organization in a municipality or a
municipality's extraterritorial jurisdiction if the sign relates
to or promotes only the municipality or a political subdivision
whose jurisdiction is wholly or partly concurrent with the
municipality.
(b) The nonprofit organization is not required to file a
bond as provided by Section 394.0202(a)(3).
Sec. 394.029. DENIAL OF PERMIT; APPEAL. The commission may
create a process by which an applicant may appeal a denial of a
permit under this subchapter.
(b) The change in law made by Section 394.0201,
Transportation Code, as added by this section, applies only to an
off-premise sign erected or for which the permit expires on or after
the effective date of this Act. An off-premise sign for which a
permit is issued before the effective date of this Act is covered by
the law in effect when the permit was issued, and the former law is
continued in effect for that purpose.
SECTION 6.16. Section 394.050, Transportation Code, is
amended to read as follows:
Sec. 394.050. [BOARD OF] VARIANCE. The executive director
or a person designated by the executive director [commission shall
provide for a board of variance that], in an appropriate case and
subject to an appropriate condition or safeguard, may make a
special exception to this chapter regarding a permit for an
off-premise outdoor sign on a rural road.
SECTION 6.17. Section 394.081(c), Transportation Code, is
amended to read as follows:
(c) A civil penalty collected under this section shall be
deposited to the credit of the Texas highway beautification [state
highway] fund account if collected by the attorney general and to
the credit of the county road and bridge fund if collected by a
district or county attorney.
SECTION 6.18. Sections 394.082(a), (d), and (e),
Transportation Code, are amended to read as follows:
(a) In lieu of a suit to collect a civil penalty, the
commission, after notice and an opportunity for a hearing before
the commission, may impose an administrative penalty against a
person who [intentionally] violates this chapter or a rule adopted
by the commission under this chapter. Each day a violation
continues is a separate violation.
(d) Judicial review of an appeal of an administrative
penalty imposed under this section is under the substantial
evidence rule [by trial de novo].
(e) An administrative penalty collected under this section
shall be deposited to the credit of the Texas highway
beautification [state highway] fund account.
ARTICLE 7. GREEN RIBBON PROJECT
SECTION 7.01. Subchapter I, Chapter 201, Transportation
Code, is amended by adding Section 201.708 to read as follows:
Sec. 201.708. EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)
For each contract for a highway project that is located in an area
designated by the United States Environmental Protection Agency as
a nonattainment or near-nonattainment area under Section 107(d) of
the federal Clean Air Act (42 U.S.C. Section 7407), the department
shall allocate to the district or districts in which the project is
to be located one-half of one percent of the total amount to be
spent under the contract for construction, maintenance, and
improvement of the project to be used for landscaping improvements
for the project or other projects in the district or districts.
(b) Landscaping improvements may include:
(1) planting of indigenous or adapted trees and other
plants that are suitable for the climate in the area; and
(2) preparing the soil and installing irrigation
systems for the growth of trees and plants.
SECTION 7.02. Chapter 371, Transportation Code, as added by
Chapter 103 (H.B. 570), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE
Sec. 371.101. EXPENDITURES FOR TOLL PROJECT LANDSCAPING.
(a) For each contract for a toll project that is located in an area
designated by the United States Environmental Protection Agency as
a nonattainment or near-nonattainment area under Section 107(d) of
the federal Clean Air Act (42 U.S.C. Section 7407), the toll project
entity shall allocate to the district or districts in which the
project is to be located an amount equal to one-half of one percent
of the total amount to be spent under the contract for construction,
maintenance, and improvement of the project to be used for
landscaping improvements for the project or other projects in the
district or districts.
(b) Landscaping improvements may include:
(1) planting indigenous or adapted trees and other
plants that are suitable for the climate in the area; and
(2) preparing the soil and installing irrigation
systems for the growth of trees and plants.
ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES
PART 1. GENERAL PROVISIONS
SECTION 8.1.01. Title 7, Transportation Code, is amended by
adding Subtitle M to read as follows:
SUBTITLE M. TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1001. ORGANIZATION OF DEPARTMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this subtitle:
(1) "Board" means the board of the department.
(2) "Department" means the Texas Department of Motor
Vehicles.
Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
department is created as an agency of this state.
(b) In addition to the other duties required of the Texas
Department of Motor Vehicles, the department shall administer and
enforce:
(1) Subtitle A;
(2) Subtitle E, Title 7;
(3) Chapters 642, 643, 645, 646, and 648;
(4) Chapters 2301 and 2302, Occupations Code; and
(5) Article 4413(37), Revised Statutes.
Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
is composed of an executive director appointed by the board and
other employees required to efficiently implement:
(1) this subtitle;
(2) other applicable vehicle laws of this state; and
(3) other laws that grant jurisdiction to or are
applicable to the department.
Sec. 1001.004. DIVISIONS. The board shall organize the
department into divisions to accomplish the department's functions
and the duties assigned to it, including divisions for:
(1) administration;
(2) automobile burglary and theft prevention;
(3) motor carriers;
(4) motor vehicle board; and
(5) vehicle titles and registration.
Sec. 1001.005. SUNSET PROVISION. The department is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the department
is abolished September 1, 2015.
[Sections 1001.006-1001.020 reserved for expansion]
SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES
Sec. 1001.021. BOARD. (a) The board consists of seven
members appointed by the governor with the advice and consent of the
senate. Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national origin
of the appointees.
(b) Two members shall be appointed to represent motor
vehicle dealers; one member shall be appointed to represent county
tax assessor-collectors; one member shall be appointed to represent
the motor carrier industry; one member shall be appointed to
represent law enforcement agencies; and two members shall be
appointed to represent the general public. The member appointed to
represent law enforcement agencies may not be a state employee.
(c) A person may not be a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by the
department;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the department other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
Sec. 1001.022. TERMS. Members of the board serve staggered
six-year terms, with the terms of either one or two members expiring
February 1 of each odd-numbered year.
Sec. 1001.023. PRESIDING OFFICER OF BOARD. (a) The
governor shall designate a member of the board as the presiding
officer of the board to serve in that capacity at the pleasure of
the governor.
(b) The presiding officer shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole; and
(3) appoint a member of the board to act in the
presiding officer's absence.
Sec. 1001.024. BOARD MEETINGS. The board shall hold
regular meetings at least once a month and special meetings at the
call of the presiding officer. Board members shall attend the
meetings of the board. The presiding officer shall oversee the
preparation of an agenda for each meeting and ensure that a copy is
provided to each board member at least seven days before the
meeting.
Sec. 1001.025. COMPENSATION. A member of the board is not
entitled to compensation, but each member is entitled to
reimbursement for actual and necessary expenses as provided by the
General Appropriations Act.
Sec. 1001.026. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a board member:
(1) does not have at the time of taking office the
qualifications required by Section 1001.021;
(2) does not maintain during service on the board the
qualifications required by Section 1001.021;
(3) is ineligible for membership under Section
1001.021(c), 1007.002, or 1007.003;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the department has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Sec. 1001.027. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department;
(2) the programs, functions, rules, and budget of the
department;
(3) the results of the most recent formal audit of the
department;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 1001.028. TECHNOLOGICAL SOLUTIONS. The board shall
implement a policy requiring the department to use appropriate
technological solutions to improve the department's ability to
perform its functions. The policy must ensure that the public is
able to interact with the department on the Internet.
Sec. 1001.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
[Sections 1001.030-1001.040 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 1001.041. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the
department.
CHAPTER 1002. RULES
Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board may
adopt any rules necessary and appropriate to implement the powers
and duties of the department under this code and other laws of this
state.
[Chapters 1003-1005 reserved for expansion]
CHAPTER 1006. PUBLIC ACCESS
Sec. 1006.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
department shall prepare and maintain a written plan that describes
how a person who does not speak English may be provided reasonable
access to the department's programs.
(b) The department shall comply with federal and state laws
for program and facility accessibility.
Sec. 1006.002. PUBLIC COMMENT. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the department.
Sec. 1006.003. COMPLAINT PROCEDURES. (a) The department
shall maintain a system to promptly and efficiently act on
complaints filed with the department. The department shall
maintain information about parties to the complaint, the subject
matter of the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition.
CHAPTER 1007. STANDARDS OF CONDUCT
Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL
CONDUCT. The board, the executive director, and each employee or
agent of the department is subject to the code of ethics and the
standard of conduct imposed by Chapter 572, Government Code, and
any other law regulating the ethical conduct of state officers and
employees.
Sec. 1007.002. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the motor vehicle or
motor carrier industry or of a tax assessor-collector or law
enforcement trade association; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the motor vehicle or
motor carrier industry or of a tax assessor-collector or law
enforcement trade association.
(c) A person may not be a member of the board or act as the
general counsel to the board or the department if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the department.
Sec. 1007.003. LOBBYING ACTIVITIES. A person may not serve
as the executive director or act as the general counsel to the
department if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of an occupation related to the
operation of the department.
PART 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT OF
TRANSPORTATION
SUBPART A. GENERAL PROVISIONS AND ADMINISTRATION
SECTION 8.2A.01. Section 201.931(2), Transportation Code,
is amended to read as follows:
(2) "License" includes[:
[(A) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations;
[(B) a motor carrier registration issued under
Chapter 643;
[(C) a vehicle storage facility license issued
under Chapter 2303, Occupations Code;
[(D)] a license or permit for outdoor advertising
issued under Chapter 391 or 394[;
[(E) a salvage vehicle dealer or agent license
issued under Chapter 2302, Occupations Code;
[(F) specially designated or specialized license
plates issued under Subchapters E and F, Chapter 502; and
[(G) an apportioned registration issued
according to the International Registration Plan under Section
502.054].
SUBPART B. STATE HIGHWAY TOLL PROJECTS
SECTION 8.2B.01. Sections 228.055(b) and (h),
Transportation Code, are amended to read as follows:
(b) The department may impose and collect the
administrative fee, so as to recover the cost of collecting the
unpaid toll, not to exceed $100. The department shall send a
written notice of nonpayment to the registered owner of the vehicle
at that owner's address as shown in the vehicle registration
records of the Texas Department of Motor Vehicles [department] by
first class mail and may require payment not sooner than the 30th
day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Section 228.054.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Motor Vehicles [department] or the analogous
department or agency of another state or country.
SECTION 8.2B.02. Section 228.056(b), Transportation Code,
is amended to read as follows:
(b) In the prosecution of an offense under Section
228.055(c), (d), or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the Texas Department of Motor
Vehicles [department] of the registered owner of the vehicle is
prima facie evidence of its contents and that the defendant was the
registered owner of the vehicle when the underlying event of
nonpayment under Section 228.054 occurred; and
(3) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the underlying event of
nonpayment under Section 228.054 is prima facie evidence of its
contents and that the defendant was the lessee of the vehicle when
the underlying event of nonpayment under Section 228.054 occurred.
SUBPART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
HIGHWAYS IN CERTAIN COUNTIES
SECTION 8.2C.01. Sections 284.0701(b), (e), and (h),
Transportation Code, are amended to read as follows:
(b) The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100. The county shall send a written notice of
nonpayment to the registered owner of the vehicle at that owner's
address as shown in the vehicle registration records of the Texas
Department of Motor Vehicles [department] by first-class mail not
later than the 30th day after the date of the alleged failure to pay
and may require payment not sooner than the 30th day after the date
the notice was mailed. The registered owner shall pay a separate
toll and administrative cost for each event of nonpayment under
Section 284.070.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the Texas Department of Motor Vehicles [department] in
accordance with Section 520.023, and before the 30th day after the
date the notice of nonpayment is mailed, provides to the county the
name and address of the person to whom the vehicle was transferred.
If the former owner of the vehicle provides the required
information within the period prescribed, the county may send a
notice of nonpayment to the person to whom ownership of the vehicle
was transferred at the address provided by the former owner by
first-class mail before the 30th day after the date of receipt of
the required information from the former owner. The subsequent
owner of the vehicle for which the proper toll was not paid who is
mailed a written notice of nonpayment under this subsection and
fails to pay the proper toll and administrative cost within the time
specified by the notice of nonpayment commits an offense. The
subsequent owner shall pay a separate toll and administrative cost
for each event of nonpayment under Section 284.070. Each failure to
pay a toll or administrative cost under this subsection is a
separate offense.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the Texas
Department of Motor Vehicles [department] or the analogous
department or agency of another state or country.
SUBPART D. CERTIFICATE OF TITLE ACT
SECTION 8.2D.01. Section 501.002(3), Transportation Code,
is amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SUBPART E. REGISTRATION OF VEHICLES
SECTION 8.2E.01. Section 502.001(3), Transportation Code,
is amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.2E.02. Sections 502.053(a) and (b),
Transportation Code, are amended to read as follows:
(a) The department [Texas Department of Transportation]
shall reimburse the Texas Department of Criminal Justice for the
cost of manufacturing license plates or registration insignia as
the license plates or insignia and the invoice for the license
plates or insignia are delivered to the department [Texas
Department of Transportation].
(b) When manufacturing is started, the Texas Department of
Criminal Justice, the department [Texas Department of
Transportation], and the comptroller, after negotiation, shall set
the price to be paid for each license plate or insignia. The price
must be determined from:
(1) the cost of metal, paint, and other materials
purchased;
(2) the inmate maintenance cost per day;
(3) overhead expenses;
(4) miscellaneous charges; and
(5) a previously approved amount of profit for the
work.
SUBPART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
SECTION 8.2F.01. Section 503.001(5), Transportation Code,
is amended to read as follows:
(5) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.2F.02. Section 503.003, Transportation Code, is
amended to read as follows:
Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
TRAILER. This chapter does not prohibit the display or sale of a
nonmotorized vehicle or trailer at a regularly scheduled vehicle or
boat show with multiple vendors in accordance with [commission]
rules of the board of the Texas Department of Motor Vehicles.
SECTION 8.2F.03. Section 503.009(c), Transportation Code,
is amended to read as follows:
(c) A decision or final order issued under this section is
final and may not be appealed, as a matter of right, to the board of
the Texas Department of Motor Vehicles [commission].
SECTION 8.2F.04. Sections 503.010 and 503.011,
Transportation Code, are amended to read as follows:
Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER,
LICENSE, OR LICENSE PLATE. Each general distinguishing number,
license, or license plate issued under this chapter is valid for the
period prescribed by the board of the Texas Department of Motor
Vehicles [commission].
Sec. 503.011. PRORATING FEES. If the board of the Texas
Department of Motor Vehicles [commission] prescribes the term of a
general distinguishing number, license, or license plate under this
chapter for a period other than one year, the board of the Texas
Department of Motor Vehicles [commission] shall prorate the
applicable annual fee required under this chapter as necessary to
reflect the term of the number, license, or license plate.
SECTION 8.2F.05. Section 503.031(a), Transportation Code,
is amended to read as follows:
(a) An applicant for a drive-a-way in-transit license must
submit to the board of the Texas Department of Motor Vehicles
[commission] an application containing the information required by
the board of the Texas Department of Motor Vehicles [commission].
SECTION 8.2F.06. Section 503.001(2), Transportation Code,
is repealed.
SUBPART G. MISCELLANEOUS PROVISIONS
SECTION 8.2G.01. Section 520.001, Transportation Code, is
amended to read as follows:
Sec. 520.001. DEFINITION. In this chapter, "department"
means the Texas Department of Motor Vehicles [Transportation].
SUBPART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SECTION 8.2H.01. Section 551.302, Transportation Code, is
amended to read as follows:
Sec. 551.302. REGISTRATION. The Texas Department of Motor
Vehicles [Transportation] may adopt rules relating to the
registration and issuance of license plates to neighborhood
electric vehicles.
SUBPART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
SECTION 8.2I.01. Section 601.023, Transportation Code, is
amended to read as follows:
Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
may pay:
(1) a statutory fee required by the Texas Department
of Motor Vehicles [Transportation] for a certified abstract or in
connection with suspension of a vehicle registration; or
(2) a statutory fee payable to the comptroller for
issuance of a certificate of deposit required by Section 601.122.
SECTION 8.2I.02. Section 601.451, Transportation Code, as
added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
Sec. 601.451. DEFINITION. In this subchapter,
"implementing agencies" means:
(1) the department;
(2) the Texas Department of Motor Vehicles
[Transportation];
(3) the Texas Department of Insurance; and
(4) the Department of Information Resources.
SECTION 8.2I.03. Subchapter N, Chapter 601, Transportation
Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
SUBPART J. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
SECTION 8.2J.01. Sections 621.001(2), (3), and (4),
Transportation Code, are amended to read as follows:
(2) "Board" ["Commission"] means the board of the
Texas Department of Motor Vehicles [Transportation Commission].
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Commissioner" ["Director"] means the
commissioner of motor vehicles [executive director of the Texas
Department of Transportation].
SECTION 8.2J.02. Section 621.003(a), Transportation Code,
is amended to read as follows:
(a) The board [commission] by rule may authorize the
commissioner [director] to enter into with the proper authority of
another state an agreement that authorizes:
(1) the authority of the other state to issue on behalf
of the department to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by this state a permit that authorizes the operation or
transportation on a highway in this state of the vehicle or
combination of vehicles; and
(2) the department to issue on behalf of the authority
of the other state to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by that state a permit that authorizes the operation or
transportation on a highway of that state of the vehicle or
combination of vehicles.
SECTION 8.2J.03. Section 621.004, Transportation Code, is
amended to read as follows:
Sec. 621.004. ADMISSIBILITY OF CERTIFICATE OF VERTICAL
CLEARANCE. In each civil or criminal proceeding in which a
violation of this chapter may be an issue, a certificate of the
vertical clearance of a structure, including a bridge or underpass,
signed by the commissioner [director] is admissible in evidence for
all purposes.
SECTION 8.2J.04. Subchapter A, Chapter 621, Transportation
Code, is amended by adding Section 621.008 to read as follows:
Sec. 621.008. STUDY REGARDING OVERSIZE AND OVERWEIGHT
VEHICLES. (a) In this section, "division" means the motor carrier
division of the Texas Department of Motor Vehicles.
(b) The division shall conduct a study to determine
improvements to the regulation of oversize and overweight vehicles.
(c) In conducting the study, the division shall consider:
(1) prohibiting overweight vehicles or vehicle
combinations from traveling on state highways if the vehicle or
combination will cause damage to a road or bridge, based on the
weight or load specifications to which the road or bridge was built;
(2) requiring each applicant for a permit under
Chapter 623 to pay a graduated highway maintenance fee based on
weight and the amount of damage done by the permitted vehicle or
vehicle combination to roads and bridges;
(3) requiring each fee collected for an overweight or
oversize vehicle permit to be deposited in the state highway fund;
and
(4) eliminating all exemptions for overweight
vehicles.
(d) Not later than September 1, 2010, the division shall
report the results of the study conducted under this section to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the appropriate oversight committee of each
house of the legislature.
(e) This section expires September 1, 2011.
SECTION 8.2J.05. Section 621.102, Transportation Code, is
amended to read as follows:
Sec. 621.102. BOARD'S [COMMISSION'S] AUTHORITY TO SET
MAXIMUM WEIGHTS. (a) The board [commission] may set the maximum
single axle weight, tandem axle weight, or gross weight of a
vehicle, or maximum single axle weight, tandem axle weight, or
gross weight of a combination of vehicles and loads, that may be
moved over a state highway or a farm or ranch road if the board
[commission] finds that heavier maximum weight would rapidly
deteriorate or destroy the road or a bridge or culvert along the
road. A maximum weight set under this subsection may not exceed the
maximum set by statute for that weight.
(b) The board [commission] must set a maximum weight under
this section by order entered in its minutes.
(c) The board [commission] must make the finding under this
section on an engineering and traffic investigation and in making
the finding shall consider the width, condition, and type of
pavement structures and other circumstances on the road.
(d) A maximum weight or load set under this section becomes
effective on a highway or road when appropriate signs giving notice
of the maximum weight or load are erected on the highway or road
under order of the board [commission].
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
623.212 may operate under the conditions authorized by the permit
over a road for which the board [commission] has set a maximum
weight under this section.
(f) For the purpose of this section, a farm or ranch road is
a state highway that is shown in the records of the board
[commission] to be a farm-to-market or ranch-to-market road.
(g) This section does not apply to a vehicle delivering
groceries, farm products, or liquefied petroleum gas.
SECTION 8.2J.06. The heading to Section 621.202,
Transportation Code, is amended to read as follows:
Sec. 621.202. BOARD'S [COMMISSION'S] AUTHORITY TO SET
MAXIMUM WIDTH.
SECTION 8.2J.07. Section 621.202(a), Transportation Code,
is amended to read as follows:
(a) To comply with safety and operational requirements of
federal law, the board [commission] by order may set the maximum
width of a vehicle, including the load on the vehicle, at eight feet
for a designated highway or segment of a highway if the results of
an engineering and traffic study that includes an analysis of
structural capacity of bridges and pavements, traffic volume,
unique climatic conditions, and width of traffic lanes support the
change.
SECTION 8.2J.08. Section 621.301(b), Transportation Code,
is amended to read as follows:
(b) The commissioners court may limit the maximum weights to
be moved on or over a county road, bridge, or culvert by exercising
its authority under this subsection in the same manner and under the
same conditions provided by Section 621.102 for the board
[commission] to limit maximum weights on highways and roads to
which that section applies.
SECTION 8.2J.09. Section 621.352(a), Transportation Code,
is amended to read as follows:
(a) The board [commission] by rule may establish fees for
the administration of Section 621.003 in an amount that, when added
to the other fees collected by the department, does not exceed the
amount sufficient to recover the actual cost to the department of
administering that section. An administrative fee collected under
this section shall be sent to the comptroller for deposit to the
credit of the state highway fund and may be appropriated only to the
department for the administration of Section 621.003.
SECTION 8.2J.10. Section 621.356, Transportation Code, is
amended to read as follows:
Sec. 621.356. FORM OF PAYMENT. The board [commission] may
adopt rules prescribing the method for payment of a fee for a permit
issued by the department that authorizes the operation of a vehicle
and its load or a combination of vehicles and load exceeding size or
weight limitations. The rules may:
(1) authorize the use of electronic funds transfer or
a credit card issued by:
(A) a financial institution chartered by a state
or the federal government; or
(B) a nationally recognized credit organization
approved by the board [commission]; and
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee.
SUBPART K. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR
OVERWEIGHT VEHICLES
SECTION 8.2K.01. Section 622.001, Transportation Code, is
amended to read as follows:
Sec. 622.001. DEFINITION. In this chapter, "department"
means the Texas Department of Motor Vehicles [Transportation].
SECTION 8.2K.02. Section 622.101(a), Transportation Code,
is amended to read as follows:
(a) A single motor vehicle used exclusively to transport
chile pepper modules, seed cotton, cotton, cotton burrs, or
equipment used to transport or process chile pepper modules or
cotton, including a motor vehicle or burr spreader, may not be
operated on a highway or road if the vehicle is:
(1) wider than 10 feet and the highway has not been
designated by the board [commission] under Section 621.202;
(2) longer than 48 feet; or
(3) higher than 14 feet 6 inches.
SUBPART L. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES
SECTION 8.2L.01. Section 623.001, Transportation Code, is
amended by amending Subdivision (1) and adding Subdivision (4) to
read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Board" means the board of the Texas Department of
Motor Vehicles.
SECTION 8.2L.02. Section 623.051, Transportation Code, is
amended to read as follows:
Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT
VEHICLE TO CROSS ROAD; SURETY BOND. (a) A person may operate a
vehicle that cannot comply with one or more of the restrictions of
Subchapter C of Chapter 621 or Section 621.101 to cross the width of
any road or highway under the jurisdiction of the department, other
than a controlled access highway as defined by Section 203.001,
from private property to other private property if the person
contracts with the Texas Transportation Commission [commission] to
indemnify the department for the cost of maintenance and repair of
the part of the highway crossed by the vehicle.
(b) The Texas Transportation Commission [commission] shall
adopt rules relating to the forms and procedures to be used under
this section and other matters that the commission considers
necessary to carry out this section.
(c) To protect the safety of the traveling public, minimize
any delays and inconveniences to the operators of vehicles in
regular operation, and assure payment for the added wear on the
highways in proportion to the reduction of service life, the Texas
Transportation Commission [commission], in adopting rules under
this section, shall consider:
(1) the safety and convenience of the general
traveling public;
(2) the suitability of the roadway and subgrade on the
road or highway to be crossed, variation in soil grade prevalent in
the different regions of the state, and the seasonal effects on
highway load capacity, the highway shoulder design, and other
highway geometrics; and
(3) the state's investment in its highway system.
(d) Before exercising any right under a contract under this
section, a person must execute with a corporate surety authorized
to do business in this state a surety bond in an amount determined
by the Texas Transportation Commission [commission] to compensate
for the cost of maintenance and repairs as provided by this section.
The bond must be approved by the comptroller and the attorney
general and must be conditioned on the person fulfilling the
obligations of the contract.
SECTION 8.2L.03. Sections 623.076(b) and (c),
Transportation Code, are amended to read as follows:
(b) The board [Texas Transportation Commission] may adopt
rules for the payment of a fee under Subsection (a). The rules may:
(1) authorize the use of electronic funds transfer;
(2) authorize the use of a credit card issued by:
(A) a financial institution chartered by a state
or the United States; or
(B) a nationally recognized credit organization
approved by the board [Texas Transportation Commission]; and
(3) require the payment of a discount or service
charge for a credit card payment in addition to the fee prescribed
by Subsection (a).
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
board [commission] for the permit, not to exceed $7,000. Of each
fee collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the state highway fund.
SECTION 8.2L.04. Sections 623.145, 623.146, 623.195,
623.196, 623.232, and 623.239, Transportation Code, are amended to
read as follows:
Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
board [Texas Transportation Commission] by rule shall provide for
the issuance of permits under this subchapter. The rules must
include each matter the board [commission] determines necessary to
implement this subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the board
[commission].
(b) In adopting a rule or establishing a fee, the board
[commission] shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of the highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.146. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over the highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
board [Texas Transportation Commission] by rule shall provide for
the issuance of a permit under this subchapter. The rules must
include each matter the board [commission] determines necessary to
implement this subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the board
[commission].
(b) In adopting a rule or establishing a fee, the board
[commission] shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.196. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over a highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
Sec. 623.232. ISSUANCE OF PERMITS. The board [Texas
Transportation Commission] may authorize the district to issue
permits for the movement of oversize or overweight vehicles
carrying cargo on state highways located in Victoria County.
Sec. 623.239. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SECTION 8.2L.05. Section 623.252(a), Transportation Code,
is amended to read as follows:
(a) The board [Texas Transportation Commission] may
authorize the county to issue permits for the movement of oversize
or overweight vehicles carrying cargo on state highways located in
Chambers County.
SECTION 8.2L.06. Section 623.259, Transportation Code, is
amended to read as follows:
Sec. 623.259. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SUBPART M. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR
VEHICLES
SECTION 8.2M.01. Section 642.002(d), Transportation Code,
is amended to read as follows:
(d) The Texas Department of Motor Vehicles [Transportation]
by rule may prescribe additional requirements regarding the form of
the markings required by Subsection (a)(2) that are not
inconsistent with that subsection.
SUBPART N. MOTOR CARRIER REGISTRATION
SECTION 8.2N.01. Section 643.001(1), Transportation Code,
is amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SUBPART O. SINGLE STATE REGISTRATION
SECTION 8.2O.01. Section 645.001, Transportation Code, is
amended to read as follows:
Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
Texas Department of Motor Vehicles [Transportation] may, to the
fullest extent practicable, participate in a federal motor carrier
registration program under the unified carrier registration system
as defined by Section 643.001 or a [the] single state registration
system established under federal law [49 U.S.C. Section 14504].
SUBPART P. MOTOR TRANSPORTATION BROKERS
SECTION 8.2P.01. Section 646.003(a), Transportation Code,
is amended to read as follows:
(a) A person may not act as a motor transportation broker
unless the person provides a bond to the Texas Department of Motor
Vehicles [Transportation].
SUBPART Q. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
SECTION 8.2Q.01. Section 648.002, Transportation Code, is
amended to read as follows:
Sec. 648.002. RULES. In addition to rules required by this
chapter, the Texas Department of Motor Vehicles [Transportation],
the Department of Public Safety, and the Texas Department of
Insurance may adopt other rules to carry out this chapter.
SUBPART R. ABANDONED MOTOR VEHICLES
SECTION 8.2R.01. Section 683.001(1), Transportation Code,
is amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SUBPART S. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
SECTION 8.2S.01. Section 702.001(1), Transportation Code,
is amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SUBPART T. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
SECTION 8.2T.01. Section 707.001(2), Transportation Code,
is amended to read as follows:
(2) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Motor Vehicles [Transportation] or the
analogous department or agency of another state or country.
SECTION 8.2T.02. Section 707.011(b), Transportation Code,
is amended to read as follows:
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the local authority or the entity with which the local
authority contracts under Section 707.003(a)(1) shall mail the
notice of violation to the owner at:
(1) the owner's address as shown on the registration
records of the Texas Department of Motor Vehicles [Transportation];
or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Motor Vehicles
[Transportation].
SECTION 8.2T.03. Section 707.017, Transportation Code, is
amended to read as follows:
Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
is delinquent in the payment of a civil penalty imposed under this
chapter, the county assessor-collector or the Texas Department of
Motor Vehicles [Transportation] may refuse to register a motor
vehicle alleged to have been involved in the violation.
SUBPART U. SALE OR LEASE OF MOTOR VEHICLES
SECTION 8.2U.01. Section 2301.002(9), Occupations Code, is
amended to read as follows:
(9) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.2U.02. Section 2301.002(33), Occupations Code,
is repealed.
SUBPART V. SALVAGE VEHICLE DEALERS
SECTION 8.2V.01. Sections 2302.001(2) and (3), Occupations
Code, are amended to read as follows:
(2) "Board" ["Commission"] means the board of the
Texas Department of Motor Vehicles [Transportation Commission].
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.2V.02. Section 2302.0015(b), Occupations Code,
is amended to read as follows:
(b) For the purpose of enforcing or administering this
chapter or Chapter 501 or 502, Transportation Code, a member of the
board [commission], an employee or agent of the board [commission]
or department, a member of the Public Safety Commission, an officer
of the Department of Public Safety, or a peace officer may at a
reasonable time:
(1) enter the premises of a business regulated under
one of those chapters; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under one of those chapters.
SECTION 8.2V.03. The heading to Subchapter B, Chapter 2302,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
SECTION 8.2V.04. Sections 2302.051, 2302.052, and
2302.053, Occupations Code, are amended to read as follows:
Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board
[commission] shall adopt rules as necessary to administer this
chapter and may take other action as necessary to enforce this
chapter.
Sec. 2302.052. DUTY TO SET FEES. The board [commission]
shall set application fees, license fees, renewal fees, and other
fees as required to implement this chapter. The board [commission]
shall set the fees in amounts reasonable and necessary to implement
and enforce this chapter.
Sec. 2302.053. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board [commission] may not adopt a
rule under Section 2302.051 restricting advertising or competitive
bidding by a person who holds a license issued under this chapter
except to prohibit false, misleading, or deceptive practices by the
person.
(b) The board [commission] may not include in its rules to
prohibit false, misleading, or deceptive practices a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
SECTION 8.2V.05. Section 2302.108(b), Occupations Code, is
amended to read as follows:
(b) The board [commission] by rule shall establish the
grounds for denial, suspension, revocation, or reinstatement of a
license issued under this chapter and the procedures for
disciplinary action. A rule adopted under this subsection may not
conflict with a rule adopted by the State Office of Administrative
Hearings.
SECTION 8.2V.06. Section 2302.204, Occupations Code, is
amended to read as follows:
Sec. 2302.204. CASUAL SALES. This chapter does not apply to
a person who purchases fewer than three nonrepairable motor
vehicles or salvage motor vehicles from a salvage vehicle dealer,
an insurance company or salvage pool operator in a casual sale at
auction, except that:
(1) the board [commission] shall adopt rules as
necessary to regulate casual sales by salvage vehicle dealers,
insurance companies, or salvage pool operators and to enforce this
section; and
(2) a salvage vehicle dealer, insurance company, or
salvage pool operator who sells a motor vehicle in a casual sale
shall comply with those rules and Subchapter E, Chapter 501,
Transportation Code.
SUBPART W. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
SECTION 8.2W.01. Section 1(3), Article 4413(37), Revised
Statutes, is amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.2W.02. Section 2, Article 4413(37), Revised
Statutes, is amended to read as follows:
Sec. 2. The Automobile Burglary and Theft Prevention
Authority is a division [established] in the Texas Department of
Motor Vehicles [Transportation]. [The authority is not an advisory
body to the Texas Department of Transportation.]
SECTION 8.2W.03. Section 3(f), Article 4413(37), Revised
Statutes, is amended to read as follows:
(f) It is a ground for removal from the authority if a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Subsection (b) or is
disqualified under Subsection (i) or (k) of this section;
(2) does not maintain during service on the authority
the qualifications required by Subsection (b) or becomes
disqualified under Subsection (i) or (k) of this section;
(3) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(4) is absent from more than half of the regularly
scheduled authority meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the authority.
SECTION 8.2W.04. Sections 6(d) and (i), Article 4413(37),
Revised Statutes, are repealed.
PART 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
TRANSPORTATION IN OTHER CODES
SUBPART A. BUSINESS & COMMERCE CODE
SECTION 8.3A.01. Section 51.003(b), Business & Commerce
Code, as effective April 1, 2009, is amended to read as follows:
(b) In this chapter, "business opportunity" does not
include:
(1) the sale or lease of an established and ongoing
business or enterprise that has actively conducted business before
the sale or lease, whether composed of one or more than one
component business or enterprise, if the sale or lease represents
an isolated transaction or series of transactions involving a bona
fide change of ownership or control of the business or enterprise or
liquidation of the business or enterprise;
(2) a sale by a retailer of goods or services under a
contract or other agreement to sell the inventory of one or more
ongoing leased departments to a purchaser who is granted the right
to sell the goods or services within or adjoining a retail business
establishment as a department or division of the retail business
establishment;
(3) a transaction that is:
(A) regulated by the Texas Department of
Licensing and Regulation, the Texas Department of Insurance, the
Texas Real Estate Commission, or the director of the Motor Vehicle
Division of the Texas Department of Motor Vehicles
[Transportation]; and
(B) engaged in by a person licensed by one of
those agencies;
(4) a real estate syndication;
(5) a sale or lease to a business enterprise that also
sells or leases products, equipment, or supplies or performs
services:
(A) that are not supplied by the seller; and
(B) that the purchaser does not use with the
seller's products, equipment, supplies, or services;
(6) the offer or sale of a franchise as described by
the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
seq.) and its subsequent amendments;
(7) the offer or sale of a business opportunity if the
seller:
(A) has a net worth of $25 million or more
according to the seller's audited balance sheet as of a date not
earlier than the 13th month before the date of the transaction; or
(B) is at least 80 percent owned by another
person who:
(i) in writing unconditionally guarantees
performance by the person offering the business opportunity plan;
and
(ii) has a net worth of more than $25
million according to the person's most recent audited balance sheet
as of a date not earlier than the 13th month before the date of the
transaction; or
(8) an arrangement defined as a franchise by 16 C.F.R.
Section 436.2(a) and its subsequent amendments if:
(A) the franchisor complies in all material
respects in this state with 16 C.F.R. Part 436 and each order or
other action of the Federal Trade Commission; and
(B) before offering for sale or selling a
franchise in this state, a person files with the secretary of state
a notice containing:
(i) the name of the franchisor;
(ii) the name under which the franchisor
intends to transact business; and
(iii) the franchisor's principal business
address.
SECTION 8.3A.02. Section 105.004(b), Business & Commerce
Code, as effective April 1, 2009, is amended to read as follows:
(b) The Texas Department of Motor Vehicles [Transportation]
shall provide a notice that states the provisions of this chapter to
each person with a disability who is issued:
(1) license plates under Section 504.201,
Transportation Code; or
(2) a disabled parking placard under Section 681.004,
Transportation Code.
SUBPART B. CODE OF CRIMINAL PROCEDURE
SECTION 8.3B.01. Section 1(1), Article 42.22, Code of
Criminal Procedure, is amended to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 8.3B.02. Article 59.04(c), Code of Criminal
Procedure, is amended to read as follows:
(c) If the property is a motor vehicle, and if there is
reasonable cause to believe that the vehicle has been registered
under the laws of this state, the attorney representing the state
shall ask the Texas Department of Motor Vehicles [Transportation]
to identify from its records the record owner of the vehicle and any
interest holder. If the addresses of the owner and interest holder
are not otherwise known, the attorney representing the state shall
request citation be served on such persons at the address listed
with the Texas Department of Motor Vehicles [Transportation]. If
the citation issued to such address is returned unserved, the
attorney representing the state shall cause a copy of the notice of
the seizure and intended forfeiture to be posted at the courthouse
door, to remain there for a period of not less than 30 days. If the
owner or interest holder does not answer or appear after the notice
has been so posted, the court shall enter a judgment by default as
to the owner or interest holder, provided that the attorney
representing the state files a written motion supported by
affidavit setting forth the attempted service. An owner or
interest holder whose interest is forfeited in this manner shall
not be liable for court costs. If the person in possession of the
vehicle at the time of the seizure is not the owner or the interest
holder of the vehicle, notification shall be provided to the
possessor in the same manner specified for notification to an owner
or interest holder.
SUBPART C. FAMILY CODE
SECTION 8.3C.01. Section 157.316(b), Family Code, is
amended to read as follows:
(b) If a lien established under this subchapter attaches to
a motor vehicle, the lien must be perfected in the manner provided
by Chapter 501, Transportation Code, and the court or Title IV-D
agency that rendered the order of child support shall include in the
order a requirement that the obligor surrender to the court or Title
IV-D agency evidence of the legal ownership of the motor vehicle
against which the lien may attach. A lien against a motor vehicle
under this subchapter is not perfected until the obligor's title to
the vehicle has been surrendered to the court or Title IV-D agency
and the Texas Department of Motor Vehicles [Transportation] has
issued a subsequent title that discloses on its face the fact that
the vehicle is subject to a child support lien under this
subchapter.
SECTION 8.3C.02. Section 232.0022(a), Family Code, is
amended to read as follows:
(a) The Texas Department of Motor Vehicles [Transportation]
is the appropriate licensing authority for suspension or nonrenewal
of a motor vehicle registration under this chapter.
SECTION 8.3C.03. Section 232.014(b), Family Code, is
amended to read as follows:
(b) A fee collected by the Texas Department of Motor
Vehicles [Transportation] or the Department of Public Safety shall
be deposited to the credit of the state highway fund.
SECTION 8.3C.04. Section 264.502(b), Family Code, is
amended to read as follows:
(b) The members of the committee who serve under Subsections
(a)(1) through (3) shall select the following additional committee
members:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace;
(4) a medical examiner;
(5) a police chief;
(6) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(7) a child educator;
(8) a child mental health provider;
(9) a public health professional;
(10) a child protective services specialist;
(11) a sudden infant death syndrome family service
provider;
(12) a neonatologist;
(13) a child advocate;
(14) a chief juvenile probation officer;
(15) a child abuse prevention specialist;
(16) a representative of the Department of Public
Safety; and
(17) a representative of the Texas Department of Motor
Vehicles [Transportation].
SUBPART D. FINANCE CODE
SECTION 8.3D.01. Section 306.001(9), Finance Code, is
amended to read as follows:
(9) "Qualified commercial loan":
(A) means:
(i) a commercial loan in which one or more
persons as part of the same transaction lends, advances, borrows,
or receives, or is obligated to lend or advance or entitled to
borrow or receive, money or credit with an aggregate value of:
(a) $3 million or more if the
commercial loan is secured by real property; or
(b) $250,000 or more if the commercial
loan is not secured by real property and, if the aggregate value of
the commercial loan is less than $500,000, the loan documents
contain a written certification from the borrower that:
(1) the borrower has been
advised by the lender to seek the advice of an attorney and an
accountant in connection with the commercial loan; and
(2) the borrower has had the
opportunity to seek the advice of an attorney and accountant of the
borrower's choice in connection with the commercial loan; and
(ii) a renewal or extension of a commercial
loan described by Paragraph (A), regardless of the principal amount
of the loan at the time of the renewal or extension; and
(B) does not include a commercial loan made for
the purpose of financing a business licensed by the [Motor Vehicle
Board of the] Texas Department of Motor Vehicles [Transportation]
under Section 2301.251(a), Occupations Code.
SECTION 8.3D.02. Section 348.001(10-a), Finance Code, is
amended to read as follows:
(10-a) "Towable recreation vehicle" means a
nonmotorized vehicle that:
(A) was originally designed and manufactured
primarily to provide temporary human habitation in conjunction with
recreational, camping, or seasonal use;
(B) is titled and registered with the Texas
Department of Motor Vehicles [Transportation] as a travel trailer
through a county tax assessor-collector;
(C) is permanently built on a single chassis;
(D) contains at least one life support system;
and
(E) is designed to be towable by a motor vehicle.
SECTION 8.3D.03. Section 348.518, Finance Code, is amended
to read as follows:
Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
enforcement of law and minimization of regulatory burdens, the
commissioner and the Texas Department of Motor Vehicles
[Transportation] may share information, including criminal history
information, relating to a person licensed under this chapter.
Information otherwise confidential remains confidential after it
is shared under this section.
SUBPART E. GOVERNMENT CODE
SECTION 8.3E.01. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee
[Board of Examiners of Perfusionists];
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Polygraph Examiners Board;
(19) Texas State Board of Examiners of Psychologists;
(20) Texas Real Estate Commission;
(21) Board of Tax Professional Examiners;
(22) Texas Department of Transportation;
(23) State Board of Veterinary Medical Examiners;
(24) Texas Department of Housing and Community
Affairs;
(25) secretary of state;
(26) state fire marshal;
(27) Texas Education Agency; [and]
(28) Department of Agriculture; and
(29) Texas Department of Motor Vehicles.
SUBPART F. HEALTH AND SAFETY CODE
SECTION 8.3F.01. Section 382.209(e), Health and Safety
Code, is amended to read as follows:
(e) A vehicle is not eligible to participate in a low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement program established under this section unless:
(1) the vehicle is capable of being operated;
(2) the registration of the vehicle:
(A) is current; and
(B) reflects that the vehicle has been registered
in the county implementing the program for the 12 months preceding
the application for participation in the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Motor Vehicles [Transportation], and the Public
Safety Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
SECTION 8.3F.02. Section 382.210(f), Health and Safety
Code, is amended to read as follows:
(f) In this section, "total cost" means the total amount of
money paid or to be paid for the purchase of a motor vehicle as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
SECTION 8.3F.03. Section 461.017(a), Health and Safety
Code, is amended to read as follows:
(a) The Drug Demand Reduction Advisory Committee is
composed of the following members:
(1) five representatives of the public from different
geographic regions of the state who have knowledge and expertise in
issues relating to reducing drug demand and who are appointed by the
commissioner [executive director] of the Department of State Health
Services [Texas Commission on Alcohol and Drug Abuse]; and
(2) one representative of each of the following
agencies or offices who is appointed by the executive director or
commissioner of the agency or office and who is directly involved in
the agency's or office's policies, programs, or funding activities
relating to reducing drug demand:
(A) the criminal justice division of the
governor's office;
(B) the Criminal Justice Policy Council;
(C) the Department of Family and Protective [and
Regulatory] Services;
(D) the Department of Public Safety of the State
of Texas;
(E) the Health and Human Services Commission;
(F) the Texas Alcoholic Beverage Commission;
(G) the Department of State Health Services
[Texas Commission on Alcohol and Drug Abuse];
(H) the Texas Council on Offenders with Mental
Impairments;
(I) the Texas Department of Criminal Justice;
(J) the [Texas Department of] Health and[;
[(K) the Texas Department of] Human Services
Commission;
(K) [(L)] the [Texas] Department of Aging and
Disability Services [Mental Health and Mental Retardation];
(L) [(M)] the Texas Education Agency;
(M) [(N)] the Texas Juvenile Probation
Commission;
(N) [(O)] the Texas Youth Commission;
(O) [(P)] the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission];
(P) [(Q)] the Texas Workforce Commission;
(Q) [(R)] the Texas Department of Motor Vehicles
[Transportation];
(R) [(S)] the comptroller of public accounts;
and
(S) [(T)] the adjutant general's department.
SUBPART G. HUMAN RESOURCES CODE
SECTION 8.3G.01. Section 22.041, Human Resources Code, is
amended to read as follows:
Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
other provision of this code, the department may use information
obtained from a third party to verify the assets and resources of a
person for purposes of determining the person's eligibility and
need for medical assistance, financial assistance, or nutritional
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Motor Vehicles
[Transportation's] vehicle registration record database.
SECTION 8.3G.02. Section 32.026(g), Human Resources Code,
is amended to read as follows:
(g) Notwithstanding any other provision of this code, the
department may use information obtained from a third party to
verify the assets and resources of a person for purposes of
determining the person's eligibility and need for medical
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Motor Vehicles
[Transportation's] vehicle registration record database.
SUBPART H. LOCAL GOVERNMENT CODE
SECTION 8.3H.01. Section 130.006, Local Government Code, is
amended to read as follows:
Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
CHECKS AND INVOICES. A county tax assessor-collector may establish
procedures for the collection of dishonored checks and credit card
invoices. The procedures may include:
(1) official notification to the maker that the check
or invoice has not been honored and that the receipt, registration,
certificate, or other instrument issued on the receipt of the check
or invoice is not valid until payment of the fee or tax is made;
(2) notification of the sheriff or other law
enforcement officers that a check or credit card invoice has not
been honored and that the receipt, registration, certificate, or
other instrument held by the maker is not valid; and
(3) notification to the Texas Department of Motor
Vehicles [Transportation], the comptroller of public accounts, or
the Department of Public Safety that the receipt, registration,
certificate, or other instrument held by the maker is not valid.
SECTION 8.3H.02. Section 130.007, Local Government Code, is
amended to read as follows:
Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
remitted to the comptroller or the Texas Department of Motor
Vehicles [Transportation] and if payment was made to the county tax
assessor-collector by a check that was not honored by the drawee
bank or by a credit card invoice that was not honored by the credit
card issuer, the amount of the fee or tax is not required to be
remitted, but the assessor-collector shall notify the appropriate
department of:
(1) the amount of the fee or tax;
(2) the type of fee or tax involved; and
(3) the name and address of the maker.
(b) The Texas Department of Motor Vehicles [Transportation]
and the comptroller shall assist the county tax assessor-collector
in collecting the fee or tax and may cancel or revoke any receipt,
registration, certificate, or other instrument issued in the name
of the state conditioned on the payment of the fee or tax.
SECTION 8.3H.03. Section 130.008, Local Government Code, is
amended to read as follows:
Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
SUBCHAPTER. If the comptroller or the Texas Department of Motor
Vehicles [Transportation] determines that the county tax
assessor-collector has accepted payment for fees and taxes to be
remitted to that department in violation of Section 130.004 or that
more than two percent of the fees and taxes to be received from the
assessor-collector are not remitted because of the acceptance of
checks that are not honored by the drawee bank or of credit card
invoices that are not honored by the credit card issuer, the
department may notify the assessor-collector that the
assessor-collector may not accept a check or credit card invoice
for the payment of any fee or tax to be remitted to that department.
A county tax assessor-collector who accepts a check or credit card
invoice for the payment of a fee or tax, after notice that the
assessor-collector may not receive a check or credit card invoice
for the payment of fees or taxes to be remitted to a department, is
liable to the state for the amount of the check or credit card
invoice accepted.
SECTION 8.3H.04. Section 130.009, Local Government Code, is
amended to read as follows:
Sec. 130.009. STATE RULES. The comptroller and the Texas
Department of Motor Vehicles [Transportation] may make rules
concerning the acceptance of checks or credit card invoices by a
county tax assessor-collector and for the collection of dishonored
checks or credit card invoices.
SUBPART I. OCCUPATIONS CODE
SECTION 8.3I.01. Section 554.009(c), Occupations Code, is
amended to read as follows:
(c) The board may register a vehicle with the Texas
Department of Motor Vehicles [Transportation] in an alias name only
for investigative personnel.
SUBPART J. PENAL CODE
SECTION 8.3J.01. Section 31.03(c), Penal Code, is amended
to read as follows:
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously
participated in recent transactions other than, but similar to,
that which the prosecution is based is admissible for the purpose of
showing knowledge or intent and the issues of knowledge or intent
are raised by the actor's plea of not guilty;
(2) the testimony of an accomplice shall be
corroborated by proof that tends to connect the actor to the crime,
but the actor's knowledge or intent may be established by the
uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and
selling used or secondhand personal property, or lending money on
the security of personal property deposited with the actor, is
presumed to know upon receipt by the actor of stolen property (other
than a motor vehicle subject to Chapter 501, Transportation Code)
that the property has been previously stolen from another if the
actor pays for or loans against the property $25 or more (or
consideration of equivalent value) and the actor knowingly or
recklessly:
(A) fails to record the name, address, and
physical description or identification number of the seller or
pledgor;
(B) fails to record a complete description of the
property, including the serial number, if reasonably available, or
other identifying characteristics; or
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property. It is the express intent of this provision
that the presumption arises unless the actor complies with each of
the numbered requirements;
(4) for the purposes of Subdivision (3)(A),
"identification number" means driver's license number, military
identification number, identification certificate, or other
official number capable of identifying an individual;
(5) stolen property does not lose its character as
stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining
abandoned or wrecked motor vehicles or parts of an abandoned or
wrecked motor vehicle for resale, disposal, scrap, repair,
rebuilding, demolition, or other form of salvage is presumed to
know on receipt by the actor of stolen property that the property
has been previously stolen from another if the actor knowingly or
recklessly:
(A) fails to maintain an accurate and legible
inventory of each motor vehicle component part purchased by or
delivered to the actor, including the date of purchase or delivery,
the name, age, address, sex, and driver's license number of the
seller or person making the delivery, the license plate number of
the motor vehicle in which the part was delivered, a complete
description of the part, and the vehicle identification number of
the motor vehicle from which the part was removed, or in lieu of
maintaining an inventory, fails to record the name and certificate
of inventory number of the person who dismantled the motor vehicle
from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain
a certificate of authority, sales receipt, or transfer document as
required by Chapter 683, Transportation Code, or a certificate of
title showing that the motor vehicle is not subject to a lien or
that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to
immediately remove an unexpired license plate from the motor
vehicle, to keep the plate in a secure and locked place, or to
maintain an inventory, on forms provided by the Texas Department of
Motor Vehicles [Transportation], of license plates kept under this
paragraph, including for each plate or set of plates the license
plate number and the make, motor number, and vehicle identification
number of the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or
secondhand motor vehicle is presumed to know on receipt by the actor
of the motor vehicle that the motor vehicle has been previously
stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of
Motor Vehicles [Transportation] the failure of the person who sold
or delivered the motor vehicle to the actor to deliver to the actor
a properly executed certificate of title to the motor vehicle at the
time the motor vehicle was delivered; or
(B) fails to file with the county tax
assessor-collector of the county in which the actor received the
motor vehicle, not later than the 20th day after the date the actor
received the motor vehicle, the registration license receipt and
certificate of title or evidence of title delivered to the actor in
accordance with Subchapter D, Chapter 520, Transportation Code, at
the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source
other than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has been
previously stolen from another if the actor:
(A) fails to record the name, address, and
physical description of the seller or pledgor;
(B) fails to record a complete description of the
amount and type of pesticide or compound, mixture, or preparation
purchased or received; and
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property; and
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
a commission merchant by representing that the actor will make
prompt payment is presumed to have induced the commission
merchant's consent by deception if the actor fails to make full
payment in accordance with Section 409, Packers and Stockyards Act
(7 U.S.C. Section 228b).
SECTION 8.3J.02. Section 31.11(b), Penal Code, is amended
to read as follows:
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of
the owner of the property involved;
(2) a peace officer acting in the actual discharge of
official duties; or
(3) acting with respect to a number assigned to a
vehicle by the Texas Department of Transportation or the Texas
Department of Motor Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as
an employee or agent of the department; or
(B) in full compliance with the rules of the
department as an applicant for an assigned number approved by the
department.
SUBPART K. TAX CODE
SECTION 8.3K.01. Section 21.02(d), Tax Code, is amended to
read as follows:
(d) A motor vehicle does not have taxable situs in a taxing
unit under Subsection (a)(1) if, on January 1, the vehicle:
(1) has been located for less than 60 days at a place
of business of a person who holds a wholesale motor vehicle auction
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation] under Chapter 503, Transportation
Code, for that place of business; and
(2) is offered for resale.
SECTION 8.3K.02. Section 22.04(d), Tax Code, is amended to
read as follows:
(d) This section does not apply to a motor vehicle that on
January 1 is located at a place of business of a person who holds a
wholesale motor vehicle auction general distinguishing number
issued by the Texas Department of Motor Vehicles [Transportation]
under Chapter 503, Transportation Code, for that place of business,
and that:
(1) has not acquired taxable situs under Section
21.02(a)(1) in a taxing unit that participates in the appraisal
district because the vehicle is described by Section 21.02(d);
(2) is offered for sale by a dealer who holds a
dealer's general distinguishing number issued by the Texas
Department of Motor Vehicles [Transportation] under Chapter 503,
Transportation Code, and whose inventory of motor vehicles is
subject to taxation in the manner provided by Sections 23.121 and
23.122; or
(3) is collateral possessed by a lienholder and
offered for sale in foreclosure of a security interest.
SECTION 8.3K.03. Sections 23.121(a)(3), (11), and (14), Tax
Code, are amended to read as follows:
(3) "Dealer" means a person who holds a dealer's
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation] under the authority of Chapter 503,
Transportation Code, or who is legally recognized as a motor
vehicle dealer pursuant to the law of another state and who complies
with the terms of Section 152.063(f). The term does not include:
(A) a person who holds a manufacturer's license
issued under Chapter 2301, Occupations Code [by the Motor Vehicle
Board of the Texas Department of Transportation];
(B) an entity that is owned or controlled by a
person who holds a manufacturer's license issued under Chapter
2301, Occupations Code [by the Motor Vehicle Board of the Texas
Department of Transportation]; or
(C) a dealer whose general distinguishing number
issued by the Texas Department of Motor Vehicles [Transportation]
under the authority of Chapter 503, Transportation Code, prohibits
the dealer from selling a vehicle to any person except a dealer.
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of a motor vehicle as set forth
as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation]. In a transaction that does not involve
the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Title if that form were involved.
(14) "Towable recreational vehicle" means a
nonmotorized vehicle that is designed for temporary human
habitation for recreational, camping, or seasonal use and:
(A) is titled and registered with the Texas
Department of Motor Vehicles [Transportation] through the office of
the collector;
(B) is permanently built on a single chassis;
(C) contains one or more life support systems;
and
(D) is designed to be towable by a motor vehicle.
SECTION 8.3K.04. Sections 23.121(f), (g), and (h), Tax
Code, are amended to read as follows:
(f) The comptroller shall promulgate a form entitled
Dealer's Motor Vehicle Inventory Declaration. Except as provided
by Section 23.122(l) [of this code], not later than February 1 of
each year, or, in the case of a dealer who was not in business on
January 1, not later than 30 days after commencement of business,
each dealer shall file a declaration with the chief appraiser and
file a copy with the collector. For purposes of this subsection, a
dealer is presumed to have commenced business on the date of
issuance to the dealer of a dealer's general distinguishing number
as provided by Chapter 503, Transportation Code. Notwithstanding
the presumption created by this subsection, a chief appraiser may,
at his or her sole discretion, designate as the date on which a
dealer commenced business a date other than the date of issuance to
the dealer of a dealer's general distinguishing number. The
declaration is sufficient to comply with this subsection if it sets
forth the following information:
(1) the name and business address of each location at
which the dealer owner conducts business;
(2) each of the dealer's general distinguishing
numbers issued by the Texas Department of Motor Vehicles
[Transportation];
(3) a statement that the dealer owner is the owner of a
dealer's motor vehicle inventory; and
(4) the market value of the dealer's motor vehicle
inventory for the current tax year as computed under Section
23.121(b) [of this code].
(g) Under the terms provided by this subsection, the chief
appraiser may examine the books and records of the holder of a
general distinguishing number issued by the Texas Department of
Motor Vehicles [Transportation]. A request made under this
subsection must be made in writing, delivered personally to the
custodian of the records, at the location for which the general
distinguishing number has been issued, must provide a period not
less than 15 days for the person to respond to the request, and must
state that the person to whom it is addressed has the right to seek
judicial relief from compliance with the request. In a request made
under this section the chief appraiser may examine:
(1) the document issued by the Texas Department of
Motor Vehicles [Transportation] showing the person's general
distinguishing number;
(2) documentation appropriate to allow the chief
appraiser to ascertain the applicability of this section and
Section 23.122 [of this code] to the person;
(3) sales records to substantiate information set
forth in the dealer's declaration filed by the person.
(h) If a dealer fails to file a declaration as required by
this section, or if, on the declaration required by this section, a
dealer reports the sale of fewer than five motor vehicles in the
prior year, the chief appraiser shall report that fact to the Texas
Department of Motor Vehicles [Transportation] and the department
shall initiate termination proceedings. The chief appraiser shall
include with the report a copy of a declaration, if any, indicating
the sale by a dealer of fewer than five motor vehicles in the prior
year. A report by a chief appraiser to the Texas Department of
Motor Vehicles [Transportation] as provided by this subsection is
prima facie grounds for the cancellation of the dealer's general
distinguishing number under Section 503.038(a)(9), Transportation
Code, or for refusal by the Texas Department of Motor Vehicles
[Transportation] to renew the dealer's general distinguishing
number.
SECTION 8.3K.05. Section 23.123(c), Tax Code, is amended to
read as follows:
(c) Information made confidential by this section may be
disclosed:
(1) in a judicial or administrative proceeding
pursuant to a lawful subpoena;
(2) to the person who filed the declaration or
statement or to that person's representative authorized by the
person in writing to receive the information;
(3) to the comptroller or an employee of the
comptroller authorized by the comptroller to receive the
information;
(4) to a collector or chief appraiser;
(5) to a district attorney, criminal district attorney
or county attorney involved in the enforcement of a penalty imposed
pursuant to Section 23.121 or Section 23.122 [of this code];
(6) for statistical purposes if in a form that does not
identify specific property or a specific property owner;
(7) if and to the extent that the information is
required for inclusion in a public document or record that the
appraisal or collection office is required by law to prepare or
maintain; or
(8) to the Texas Department of Motor Vehicles
[Transportation] for use by that department in auditing compliance
of its licensees with appropriate provisions of applicable law.
SECTION 8.3K.06. Section 23.124(a)(11), Tax Code, is
amended to read as follows:
(11) "Sales price" means the total amount of money
paid or to be paid for the purchase of:
(A) a vessel, other than a trailer that is
treated as a vessel, as set forth as "sales price" in the form
entitled "Application for Texas Certificate of Number/Title for
Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
and Wildlife Department;
(B) an outboard motor as set forth as "sales
price" in the form entitled "Application for Texas Certificate of
Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
promulgated by the Parks and Wildlife Department; or
(C) a trailer that is treated as a vessel as set
forth as "sales price" in the form entitled "Application for Texas
Certificate of Title" promulgated by the Texas Department of Motor
Vehicles [Transportation].
In a transaction involving a vessel, an outboard motor,
or a trailer that is treated as a vessel that does not involve the
use of one of these forms, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would
appear as "sales price" on the Application for Texas Certificate of
Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
Application for Texas Certificate of Title for an Outboard
Motor/Seller, Donor or Trader's Affidavit, or the Application for
Texas Certificate of Title if one of these forms were involved.
SECTION 8.3K.07. Section 113.011, Tax Code, is amended to
read as follows:
Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the
Texas Department of Motor Vehicles [Transportation] each release of
a tax lien filed by the comptroller with that department.
SECTION 8.3K.08. Sections 152.0412(a) and (f), Tax Code,
are amended to read as follows:
(a) In this section, "standard presumptive value" means the
private-party transaction value of a motor vehicle, as determined
by the Texas Department of Motor Vehicles [Transportation] based on
an appropriate regional guidebook of a nationally recognized motor
vehicle value guide service, or based on another motor vehicle
guide publication that the department determines is appropriate if
a private-party transaction value for the motor vehicle is not
available from a regional guidebook described by this subsection.
(f) The Texas Department of Motor Vehicles [Transportation]
shall maintain information on the standard presumptive values of
motor vehicles as part of the department's registration and title
system. The department shall update the information at least
quarterly each calendar year and publish, electronically or
otherwise, the updated information.
SECTION 8.3K.09. Section 152.042, Tax Code, is amended to
read as follows:
Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
person required to pay the tax imposed by Section 152.027 shall pay
the tax to the Texas Department of Motor Vehicles [Transportation],
and the department may not issue the metal dealer's plates until the
tax is paid.
SECTION 8.3K.10. Section 152.121(b), Tax Code, is amended
to read as follows:
(b) Taxes on metal dealer plates collected by the Texas
Department of Motor Vehicles [Transportation] shall be deposited by
the department in the state treasury in the same manner as are other
taxes collected under this chapter.
SECTION 8.3K.11. Section 162.001(52), Tax Code, is amended
to read as follows:
(52) "Registered gross weight" means the total weight
of the vehicle and carrying capacity shown on the registration
certificate issued by the Texas Department of Motor Vehicles
[Transportation].
PART 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
RIGHTS OF ACTION
SECTION 8.4.01. (a) All powers, duties, obligations, and
rights of action of the Motor Carrier Division, the Motor Vehicle
Division, and the Vehicle Titles and Registration Division of the
Texas Department of Transportation are transferred to the Texas
Department of Motor Vehicles, and all powers, duties, obligations,
and rights of action of the Texas Transportation Commission in
connection or associated with those divisions of the Texas
Department of Transportation are transferred to the board of the
Texas Department of Motor Vehicles on December 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Motor Carrier Division, the Motor Vehicle Division, and the Vehicle
Titles and Registration Division of the Texas Department of
Transportation are transferred to the Texas Department of Motor
Vehicles.
(c) The Texas Department of Motor Vehicles shall continue
any proceeding involving the Motor Carrier Division, the Motor
Vehicle Division, or the Vehicle Titles and Registration Division
of the Texas Department of Transportation that was brought before
the effective date of this Act in accordance with the law in effect
on the date the proceeding was brought, and the former law is
continued in effect for that purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Motor Carrier Division, the
Motor Vehicle Division, or the Vehicle Titles and Registration
Division of the Texas Department of Transportation that is in
effect on the effective date of this Act remains valid for the
period for which it was issued unless suspended or revoked by the
Texas Department of Motor Vehicles.
(e) A rule adopted by the Texas Transportation Commission or
the director of the Texas Department of Transportation in
connection with or relating to the Motor Carrier Division, the
Motor Vehicle Division, or the Vehicle Titles and Registration
Division of that department continues in effect until it is amended
or repealed by the board of the Texas Department of Motor Vehicles.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Motor Carrier Division, the
Motor Vehicle Division, and the Vehicle Titles and Registration
Division of that department for the state fiscal biennium ending
August 31, 2009, is transferred and reappropriated to the Texas
Department of Motor Vehicles for the purpose of implementing the
powers, duties, obligations, and rights of action transferred to
that department under Subsection (a) of this section.
SECTION 8.4.02. (a) All powers, duties, obligations, and
rights of action of the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation under
Article 4413(37), Revised Statutes, are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles, and all powers, duties,
obligations, and rights of action of the Texas Transportation
Commission in connection or associated with the Automobile Burglary
and Theft Prevention Authority Office of the Texas Department of
Transportation are transferred to the board of the Texas Department
of Motor Vehicles on December 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Automobile Burglary and Theft Prevention Authority Office of the
Texas Department of Transportation are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles.
(c) The Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Vehicles shall continue any
proceeding involving the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation that was
brought before the effective date of this Act in accordance with the
law in effect on the date the proceeding was brought, and the former
law is continued in effect for that purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that is in effect on the effective date of this Act
remains valid for the period for which it was issued unless
suspended or revoked by the Automobile Burglary and Theft
Prevention Authority Division of the Texas Department of Motor
Vehicles.
(e) A rule adopted by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation, the Texas Transportation Commission, or the
director of the Texas Department of Transportation in connection
with or relating to the Automobile Burglary and Theft Prevention
Authority Office of that department continues in effect until it is
amended or repealed by the Automobile Burglary and Theft Prevention
Authority Division of the Texas Department of Motor Vehicles.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Automobile Burglary and Theft
Prevention Authority Office of that department for the state fiscal
biennium ending August 31, 2009, is transferred and reappropriated
to the Texas Department of Motor Vehicles for the purpose of
implementing the powers, duties, obligations, and rights of action
transferred to that department under Subsection (a) of this
section.
PART 5. APPOINTMENT OF BOARD
SECTION 8.5.01. Not later than December 1, 2009, the
governor shall appoint the members of the board of the Texas
Department of Motor Vehicles in accordance with Subchapter B,
Chapter 1001, Transportation Code, as added by this article.
ARTICLE 9. RAIL TRANSPORTATION DIVISION
SECTION 9.01. Section 91.001, Transportation Code, is
amended by adding Subdivision (3-a) to read as follows:
(3-a) "Division" means the rail transportation
division of the department.
SECTION 9.02. Subchapter A, Chapter 91, Transportation
Code, is amended by adding Section 91.0041 to read as follows:
Sec. 91.0041. DUTIES OF RAIL TRANSPORTATION DIVISION. In
addition to any other duty imposed on the division, the division
shall:
(1) assure that rail transportation is an integral
part of the department's transportation planning process;
(2) coordinate and oversee rail projects that are
financed with money in the Texas rail relocation and improvement
fund;
(3) develop and plan for improved passenger and
freight rail facilities and services in this state; and
(4) coordinate the efforts of the department, the
federal government, and private entities to continue the
development of rail transportation facilities and services in this
state.
ARTICLE 10. ELECTRONIC SIGNS
SECTION 10.01. Chapter 544, Transportation Code, is amended
by adding Section 544.013 to read as follows:
Sec. 544.013. CHANGEABLE MESSAGE SIGN SYSTEM. (a) In this
section, "changeable message sign" means a sign that conforms to
the manual and specifications adopted under Section 544.001. The
term includes a dynamic message sign.
(b) The Texas Department of Transportation shall actively
manage a system of changeable message signs located on highways
under the jurisdiction of that department to mitigate traffic
congestion by providing current information to the traveling
public, including information about traffic incidents, weather
conditions, road construction, and alternative routes.
ARTICLE 11. EFFECTIVE DATE
SECTION 11.01. This Act takes effect September 1, 2009.