Texas Senate Bill SB626 Latest Draft

                            By: Carona S.B. No. 626


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation, organization, governance, duties, and
 functions of the Texas Department of Vehicles; providing a penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. TEXAS DEPARTMENT OF VEHICLES
 SECTION 1.01. Title 7, Transportation Code, is amended by
 adding Subtitle M to read as follows:
 SUBTITLE M. DEPARTMENT OF VEHICLES
 CHAPTER 1001.  ORGANIZATION OF DEPARTMENT
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 1001.001. DEFINITIONS. In this subtitle:
 (1) "Board" means the board of the department.
 (2)  "Department" means the Texas Department of
 Vehicles.
 Sec. 1001.002.  CREATION OF DEPARTMENT; DUTIES. (a)  The
 department is created as an agency of this state.
 (b)  In addition to the other duties required of the Texas
 Department of Vehicles, the department shall administer and
 enforce:
 (1) Subtitle A;
 (2) Chapters 623, 642, 643, 645, 646, and 648; and
 (3) Chapters 2301 and 2302, Occupations Code.
 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) motor carriers;
 (3) motor vehicle board; and
 (4) vehicle titles and registration.
 Sec. 1001.005.  SUNSET PROVISION. The department is subject
 to Chapter 325, Government Code (Texas Sunset Act). Unless
 continued in existence as provided by that chapter, the department
 is abolished September 1, 2021.
 Sec. 1001.006.  DEFENSE BY ATTORNEY GENERAL. The attorney
 general shall defend an action brought against the board or the
 department or an action brought against an employee of the
 department as a result of the employee's official act or omission,
 regardless of whether at the time of the institution of the action
 that person has terminated service with the department.
 [Sections 1001.007-1001.020 reserved for expansion]
 SUBCHAPTER B.  BOARD OF DEPARTMENT OF VEHICLES
 Sec. 1001.021.  BOARD.  (a)  The board consists of nine
 members appointed by the governor with the advice and consent of the
 senate.
 (b)  Three members must be persons who hold a dealer's
 license issued under Chapter 2301, Occupations Code, of whom two
 must be franchised dealers of different classes and one must be an
 independent dealer; one member must be a representative of a
 manufacturer or distributor that holds a license issued under
 Chapter 2301, Occupations Code; one member must be a tax
 assessor-collector; one member must be a representative of a law
 enforcement agency of a county or municipality; and one member must
 be a representative of the motor carrier industry.  The remaining
 members must be public members.
 (c)  Except as necessary to comply with Subsection (b), a
 person is not eligible for appointment as a member of the board if
 the person or the person's spouse:
 (1)  is employed by or participates in the management
 of a business entity or other organization that is regulated by or
 receives funds from the department;
 (2)  directly or indirectly owns or controls more than
 10 percent interest in a business entity or other organization that
 is regulated by or receives funds from the department;
 (3)  uses or receives a substantial amount of tangible
 goods, services, or funds from the department, other than
 compensation or reimbursement authorized by law for board
 membership, attendance, or expenses; or
 (4)  is registered, certified, or licensed by the
 department.
 (d)  A person required to register as a lobbyist under
 Chapter 305, Government Code, because of the person's activities
 for compensation on behalf of a profession related to the operation
 of the department may not serve as a member of the board.
 (e)  Appointments to the board shall be made without regard
 to race, color, disability, sex, religion, age, or national origin
 of the appointees and shall reflect the diversity of the population
 of the state as a whole.
 Sec. 1001.022.  TERMS.  Members of the board serve staggered
 six-year terms, with the terms of either one or two members expiring
 February 1 of each odd-numbered year.
 Sec. 1001.023.  CHAIR AND VICE CHAIR; DUTIES. (a)  The
 board shall elect one of its members chair of the board and one of
 its members vice chair of the board. A chair or vice chair serves at
 the pleasure of the board.
 (b) The chair shall:
 (1)  preside over board meetings, make rulings on
 motions and points of order, and determine the order of business;
 (2)  represent the department in dealing with the
 governor;
 (3)  report to the governor on the state of affairs of
 the department at least quarterly;
 (4)  report to the board the governor's suggestions for
 department operations;
 (5)  report to the governor on efforts, including
 legislative requirements, to maximize the efficiency of department
 operations through the use of private enterprise;
 (6)  periodically review the department's
 organizational structure and submit recommendations for structural
 changes to the governor, the board, and the Legislative Budget
 Board;
 (7)  designate one or more employees of the department
 as a civil rights division of the department and receive regular
 reports from the division on the department's efforts to comply
 with civil rights legislation and administrative rules;
 (8)  create subcommittees, appoint board members to
 subcommittees, and receive the reports of subcommittees to the
 board as a whole;
 (9)  appoint a member of the board to act in the chair's
 absence; and
 (10)  serve as the departmental liaison with the
 governor and the Office of State-Federal Relations to maximize
 federal funding for transportation.
 Sec. 1001.024.  BOARD MEETINGS.  The board shall hold
 regular meetings at least once a month and special meetings at the
 call of the chair.  Board members shall attend the meetings of the
 board.  The chair shall oversee the preparation of an agenda for
 each meeting and ensure that a copy is provided to each board member
 at least seven days before the meeting.
 Sec. 1001.025.  RECOMMENDATIONS TO LEGISLATURE.  (a)  The
 board shall consider ways in which the department's operations may
 be improved and may periodically report to the legislature
 concerning potential statutory changes that would improve the
 operation of the department.
 (b)  On behalf of the board, the chair shall report to the
 governor, the lieutenant governor, the speaker of the house of
 representatives, and the presiding officers of relevant
 legislative committees on legislative recommendations adopted by
 the board and relating to the operation of the department.
 Sec. 1001.026.  COMPENSATION.  A member of the board is
 entitled to compensation as provided by the General Appropriations
 Act.  If compensation for board members is not provided by that Act,
 each member is entitled to reimbursement for actual and necessary
 expenses incurred in performing functions as a member of the board.
 Sec. 1001.027.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 removal from the board if a board member:
 (1)  does not have at the time of appointment or
 maintain during service on the board the qualifications required by
 Section 1001.021;
 (2)  violates a prohibition provided by Section
 1001.021;
 (3)  cannot discharge the member's duties for a
 substantial part of the term for which the member is appointed
 because of illness or disability; or
 (4)  is absent from more than half of the regularly
 scheduled board meetings that the board member is eligible to
 attend during a calendar year, unless the absence is excused by
 majority vote of the board.
 (b)  The validity of an action of the board is not affected by
 the fact that it is taken when a ground for removal of a board member
 exists.
 (c)  If the executive director of the department knows that a
 potential ground for removal exists, the director shall notify the
 chair of the board of the ground, and the chair shall notify the
 governor and the attorney general that a potential ground for
 removal exists.  If the potential ground for removal relates to the
 chair, the director shall notify another board member, who shall
 notify the governor and the attorney general that a potential
 ground for removal exists.
 Sec. 1001.028.  CONFLICT OF INTEREST. (a)  A member of the
 board shall disclose in writing to the executive director if the
 member has an interest in a matter before the board or has a
 substantial financial interest in an entity that has a direct
 interest in the matter.
 (b)  The member shall recuse himself or herself from the
 board's deliberations and actions on the matter in Subsection (a)
 and may not participate in the board's decision on the matter.
 (c)  A person has a substantial financial interest in an
 entity if the person:
 (1)  is an employee, member, director, or officer of
 the entity; or
 (2)  owns or controls, directly or indirectly, more
 than a five percent interest in the entity.
 Sec. 1001.029.  INFORMATION ON QUALIFICATIONS AND CONDUCT.
 The department shall provide to the members of the board, as often
 as necessary, information concerning the members' qualifications
 for office and their responsibilities under applicable laws
 relating to standards of conduct for state officers.
 Sec. 1001.030.  TRAINING ON DEPARTMENT AND CERTAIN LAWS
 RELATING TO DEPARTMENT.  (a)  To be eligible to take office as a
 member of the board, a person appointed to the board must complete
 at least one course of a training program that complies with this
 section.
 (b)  The training program must provide information to the
 person regarding:
 (1) this subchapter;
 (2) the programs operated by the department;
 (3) the role and functions of the department;
 (4)  the rules of the department with an emphasis on the
 rules that relate to disciplinary and investigatory authority;
 (5) the current budget for the department;
 (6)  the results of the most recent formal audit of the
 department;
 (7) the requirements of the:
 (A)  open meetings law, Chapter 551, Government
 Code;
 (B)  open records law, Chapter 552, Government
 Code; and
 (C)  administrative procedure law, Chapter 2001,
 Government Code;
 (8)  the requirements of the conflict of interest laws
 and other laws relating to public officials; and
 (9)  any applicable ethics policies adopted by the
 board or the Texas Ethics Commission.
 (c)  A person appointed to the board is entitled to
 reimbursement for travel expenses incurred in attending the
 training program, as provided by the General Appropriations Act and
 as if the person were a member of the board.
 Sec. 1001.031.  ADVISORY COMMITTEES.  (a)  The board shall
 establish an advisory committee for the motor carriers, motor
 vehicle board, and vehicle titles and registration divisions to
 make recommendations to the board or the executive director on the
 operation of the applicable division and may establish other
 advisory committees as the board determines are necessary for the
 performance of a regulatory function of the department. A
 committee has the purposes, powers, and duties, including the
 manner of reporting its work, prescribed by the board. A committee
 and each committee member serves at the will of the board.
 (b)  The board shall appoint persons to each advisory
 committee who:
 (1)  are selected from a list provided by the executive
 director; and
 (2)  have knowledge about and interests in, and
 represent a broad range of viewpoints about, the work of the
 committee or the applicable division.
 (c)  A member of an advisory committee may not be compensated
 by the board or the department for committee service but is entitled
 to reimbursement for actual and necessary expenses incurred in the
 performance of committee service.
 [Sections 1001.032-1001.040 reserved for expansion]
 SUBCHAPTER C.  PERSONNEL
 Sec. 1001.041.  DEPARTMENT PERSONNEL. (a)  Subject to the
 General Appropriations Act or other law, the executive director
 shall appoint deputies, assistants, and other personnel as
 necessary to carry out the powers and duties of the department under
 this code, other applicable vehicle laws of this state, and other
 laws granting jurisdiction or applicable to the department.
 (b)  A person appointed under this section must have the
 professional and administrative experience necessary to qualify
 the person for the position to which the person is appointed.
 Sec. 1001.042.  DIVISION OF RESPONSIBILITIES. The board
 shall develop and implement policies that clearly define the
 respective responsibilities of the director and the staff of the
 department.
 Sec. 1001.043.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;
 REPORT. (a)  The executive director or the director's designee
 shall prepare and maintain a written policy statement to ensure
 implementation of a program of equal employment opportunity under
 which all personnel transactions are made without regard to race,
 color, disability, sex, religion, age, or national origin. The
 policy statement must include:
 (1)  personnel policies, including policies relating
 to recruitment, evaluation, selection, appointment, training, and
 promotion of personnel that are in compliance with Chapter 21,
 Labor Code;
 (2)  a comprehensive analysis of the department
 workforce that meets federal and state guidelines;
 (3)  procedures by which a determination can be made of
 significant underuse in the department workforce of all persons for
 whom federal or state guidelines encourage a more equitable
 balance; and
 (4)  reasonable methods to appropriately address those
 areas of significant underuse.
 (b) A policy statement prepared under this section must:
 (1) cover an annual period;
 (2) be updated annually;
 (3)  be reviewed by the civil rights division of the
 Texas Workforce Commission for compliance with Subsection (a); and
 (4) be filed with the governor.
 (c)  The governor shall deliver a biennial report to the
 legislature based on the information received under Subsection (b).
 The report may be made separately or as a part of other biennial
 reports made to the legislature.
 Sec. 1001.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT.
 The executive director shall provide to department employees, as
 often as necessary, information regarding their:
 (1)  qualification for office or employment under this
 subtitle; and
 (2)  responsibilities under applicable laws relating
 to standards of conduct for state employees.
 Sec. 1001.045.  CAREER LADDER PROGRAM; PERFORMANCE
 EVALUATIONS. (a)  The executive director or the director's
 designee shall develop an intra-agency career ladder program. The
 program must require intra-agency posting of all nonentry level
 positions concurrently with any public posting.
 (b)  The executive director or the director's designee shall
 develop a system of annual performance evaluations. All merit pay
 for department employees must be based on the system established
 under this subsection.
 CHAPTER 1002. RULES
 Sec. 1002.001.  GENERAL RULEMAKING AUTHORITY. The board may
 adopt any rules necessary and appropriate to implement the powers
 and duties of the department under this code and other laws of this
 state.
 Sec. 1002.002.  RULES RESTRICTING ADVERTISING OR
 COMPETITIVE BIDDING. The board may not adopt rules restricting
 advertising or competitive bidding by a person regulated by the
 department except to prohibit false, misleading, or deceptive
 practices by the person.
 CHAPTER 1003.  DEPARTMENT PROCEDURES
 Sec. 1003.001.  APPLICABILITY OF CERTAIN LAWS. Except as
 specifically provided by law, the department is subject to Chapters
 2001 and 2002, Government Code.
 Sec. 1003.002.  SUMMARY PROCEDURES FOR ROUTINE MATTERS.
 (a)  The board or the department by rule may:
 (1)  create a summary procedure for routine matters;
 and
 (2)  designate department activities that otherwise
 would be subject to Chapter 2001, Government Code, as routine
 matters to be handled under the summary procedure.
 (b)  An activity may be designated as a routine matter only
 if the activity is:
 (1) voluminous;
 (2) repetitive;
 (3) believed to be noncontroversial; and
 (4)  of limited interest to anyone other than persons
 immediately involved in or affected by the proposed department
 action.
 (c)  The rules may establish procedures different from those
 contained in Chapter 2001, Government Code. The procedures must
 require, for each party directly involved, notice of a proposed
 negative action not later than the fifth day before the date the
 action is proposed to be taken.
 (d)  A rule adopted by the board under this section may
 provide for the delegation of authority to take action on a routine
 matter to a salaried employee of the department designated by the
 board.
 Sec. 1003.003.  REVIEW OF ACTION ON ROUTINE MATTER. (a)  A
 person directly or indirectly affected by an action of the board or
 the department on a routine matter taken under the summary
 procedure adopted under Section 1003.002 is entitled to a review of
 the action under Chapter 2001, Government Code.
 (b)  The person must apply to the board not later than the
 60th day after the date of the action to be entitled to the review.
 (c)  The timely filing of the application for review
 immediately stays the action pending a hearing on the merits.
 (d)  The board may adopt rules relating to an application for
 review under this section and consideration of the application.
 Sec. 1003.004.  INFORMAL DISPOSITION OF CERTAIN CONTESTED
 CASES. The board or the department, as applicable, may, on written
 agreement or stipulation of each party and any intervenor,
 informally dispose of a contested case in accordance with Section
 2001.056, Government Code, notwithstanding any provision of this
 code or other law that requires a hearing before the board or the
 department, as applicable.
 CHAPTER 1004.  PUBLIC ACCESS
 Sec. 1004.001.  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. 1004.002.  PUBLIC COMMENT. The board and the
 department shall develop and implement policies that provide the
 public with a reasonable opportunity to appear before the board or
 the department and to speak on any issue under the jurisdiction of
 the board or the department.
 Sec. 1004.003.  PUBLIC REPRESENTATION ON ADVISORY BODY.
 (a)  At least one-half of the membership of each advisory body
 appointed by the board, other than an advisory body whose
 membership is determined by this code or by other law, must
 represent the general public.
 (b) A public representative may not be:
 (1)  an officer, director, or employee of a business
 entity regulated by the department;
 (2)  a person required to register with the Texas
 Ethics Commission under Chapter 305, Government Code; or
 (3)  a person related within the second degree by
 affinity or consanguinity to a person described by Subdivision (1)
 or (2).
 CHAPTER 1005.  STANDARDS OF CONDUCT
 Sec. 1005.001.  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.
 ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
 OF TRANSPORTATION
 PART A. GENERAL PROVISIONS AND ADMINISTRATION
 SECTION 2A.01. Subsection (a), Section 201.202,
 Transportation Code, is amended to read as follows:
 (a) The commission shall organize the department into
 divisions to accomplish the department's functions and the duties
 assigned to it, including divisions for:
 (1) aviation;
 (2) highways and roads; and
 (3) public transportation[; and
 [(4) motor vehicle titles and registration].
 SECTION 2A.02. Subdivision (2), Section 201.931,
 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; and
 (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].
 SECTION 2A.03. Subsection (c), Section 201.202,
 Transportation Code, is repealed.
 PART B. STATE HIGHWAY TOLL PROJECTS
 SECTION 2B.01. Subsections (b) and (h), Section 228.055,
 Transportation Code, are amended to read as follows:
 (b) The department may impose and collect the
 administrative fee, so as to recover the cost of collecting the
 unpaid toll, not to exceed $100. The department shall send a
 written notice of nonpayment to the registered owner of the vehicle
 at that owner's address as shown in the vehicle registration
 records of the Texas Department of Vehicles [department] by first
 class mail and may require payment not sooner than the 30th day
 after the date the notice was mailed. The registered owner shall
 pay a separate toll and administrative fee for each event of
 nonpayment under Section 228.054.
 (h) In this section, "registered owner" means the owner of a
 vehicle as shown on the vehicle registration records of the Texas
 Department of Vehicles [department] or the analogous department or
 agency of another state or country.
 SECTION 2B.02. Subsection (b), Section 228.056,
 Transportation Code, is amended to read as follows:
 (b) In the prosecution of an offense under Section
 228.055(c), (d), or (e):
 (1) it is presumed that the notice of nonpayment was
 received on the fifth day after the date of mailing;
 (2) a computer record of the Texas Department of
 Vehicles [department] of the registered owner of the vehicle is
 prima facie evidence of its contents and that the defendant was the
 registered owner of the vehicle when the underlying event of
 nonpayment under Section 228.054 occurred; and
 (3) a copy of the rental, lease, or other contract
 document covering the vehicle on the date of the underlying event of
 nonpayment under Section 228.054 is prima facie evidence of its
 contents and that the defendant was the lessee of the vehicle when
 the underlying event of nonpayment under Section 228.054 occurred.
 PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
 HIGHWAYS IN CERTAIN COUNTIES
 SECTION 2C.01. Subsections (b), (e), and (h), Section
 284.0701, Transportation Code, are amended to read as follows:
 (b) The county may impose and collect the administrative
 cost so as to recover the expense of collecting the unpaid toll, not
 to exceed $100. The county shall send a written notice of
 nonpayment to the registered owner of the vehicle at that owner's
 address as shown in the vehicle registration records of the Texas
 Department of Vehicles [department] by first-class mail not later
 than the 30th day after the date of the alleged failure to pay and
 may require payment not sooner than the 30th day after the date the
 notice was mailed. The registered owner shall pay a separate toll
 and administrative cost for each event of nonpayment under Section
 284.070.
 (e) It is an exception to the application of Subsection (a)
 or (c) if the registered owner of the vehicle transferred ownership
 of the vehicle to another person before the event of nonpayment
 under Section 284.070 occurred, submitted written notice of the
 transfer to the Texas Department of Vehicles [department] in
 accordance with Section 520.023, and before the 30th day after the
 date the notice of nonpayment is mailed, provides to the county the
 name and address of the person to whom the vehicle was transferred.
 If the former owner of the vehicle provides the required
 information within the period prescribed, the county may send a
 notice of nonpayment to the person to whom ownership of the vehicle
 was transferred at the address provided by the former owner by
 first-class mail before the 30th day after the date of receipt of
 the required information from the former owner. The subsequent
 owner of the vehicle for which the proper toll was not paid who is
 mailed a written notice of nonpayment under this subsection and
 fails to pay the proper toll and administrative cost within the time
 specified by the notice of nonpayment commits an offense. The
 subsequent owner shall pay a separate toll and administrative cost
 for each event of nonpayment under Section 284.070. Each failure to
 pay a toll or administrative cost under this subsection is a
 separate offense.
 (h) In this section, "registered owner" means the owner of a
 vehicle as shown on the vehicle registration records of the Texas
 Department of Vehicles [department] or the analogous department or
 agency of another state or country.
 PART D. CERTIFICATE OF TITLE ACT
 SECTION 2D.01. Subdivision (3), Section 501.002,
 Transportation Code, is amended to read as follows:
 (3) "Department" means the Texas Department of
 Vehicles [Transportation].
 PART E. REGISTRATION OF VEHICLES
 SECTION 2E.01. Subdivision (3), Section 502.001,
 Transportation Code, is amended to read as follows:
 (3) "Department" means the Texas Department of
 Vehicles [Transportation].
 SECTION 2E.02. Subsections (a) and (b), Section 502.053,
 Transportation Code, are amended to read as follows:
 (a) The department [Texas Department of Transportation]
 shall reimburse the Texas Department of Criminal Justice for the
 cost of manufacturing license plates or registration insignia as
 the license plates or insignia and the invoice for the license
 plates or insignia are delivered to the department [Texas
 Department of Transportation].
 (b) When manufacturing is started, the Texas Department of
 Criminal Justice, the department [Texas Department of
 Transportation], and the comptroller, after negotiation, shall set
 the price to be paid for each license plate or insignia. The price
 must be determined from:
 (1) the cost of metal, paint, and other materials
 purchased;
 (2) the inmate maintenance cost per day;
 (3) overhead expenses;
 (4) miscellaneous charges; and
 (5) a previously approved amount of profit for the
 work.
 PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
 SECTION 2F.01. Subdivisions (2) and (5), Section 503.001,
 Transportation Code, are amended to read as follows:
 (2) "Commission" means the board of the Texas
 Department of Vehicles [Texas Transportation Commission].
 (5) "Department" means the Texas Department of
 Vehicles [Transportation].
 PART G. MISCELLANEOUS PROVISIONS
 SECTION 2G.01. Section 520.001, Transportation Code, is
 amended to read as follows:
 Sec. 520.001. DEFINITION. In this chapter, "department"
 means the Texas Department of Vehicles [Transportation].
 PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
 SECTION 2H.01. Section 551.302, Transportation Code, is
 amended to read as follows:
 Sec. 551.302. REGISTRATION. The Texas Department of
 Vehicles [Transportation] may adopt rules relating to the
 registration and issuance of license plates to neighborhood
 electric vehicles.
 PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
 SECTION 2I.01. Section 601.023, Transportation Code, is
 amended to read as follows:
 Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
 may pay:
 (1) a statutory fee required by the Texas Department
 of Vehicles [Transportation] for a certified abstract or in
 connection with suspension of a vehicle registration; or
 (2) a statutory fee payable to the comptroller for
 issuance of a certificate of deposit required by Section 601.122.
 SECTION 2I.02. Section 601.451, Transportation Code, as
 added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
 Regular Session, 2005, is amended to read as follows:
 Sec. 601.451. DEFINITION. In this subchapter,
 "implementing agencies" means:
 (1) the department;
 (2) the Texas Department of Vehicles
 [Transportation];
 (3) the Texas Department of Insurance; and
 (4) the Department of Information Resources.
 SECTION 2I.03. Subchapter N, Chapter 601, Transportation
 Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
 Legislature, Regular Session, 2003, is repealed.
 PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
 SECTION 2J.01. Subsection (d), Section 642.002,
 Transportation Code, is amended to read as follows:
 (d) The Texas Department of Vehicles [Transportation] by
 rule may prescribe additional requirements regarding the form of
 the markings required by Subsection (a)(2) that are not
 inconsistent with that subsection.
 PART K. MOTOR CARRIER REGISTRATION
 SECTION 2K.01. Subdivision (1), Section 643.001,
 Transportation Code, is amended to read as follows:
 (1) "Department" means the Texas Department of
 Vehicles [Transportation].
 PART L. SINGLE STATE REGISTRATION
 SECTION 2L.01. Section 645.001, Transportation Code, is
 amended to read as follows:
 Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
 Texas Department of Vehicles [Transportation] may, to the fullest
 extent practicable, participate in a federal motor carrier
 registration program under the unified carrier registration system
 as defined by Section 643.001 or a [the] single state registration
 system established under federal law [49 U.S.C. Section 14504].
 PART M. MOTOR TRANSPORTATION BROKERS
 SECTION 2M.01. Subsection (a), Section 646.003,
 Transportation Code, is amended to read as follows:
 (a) A person may not act as a motor transportation broker
 unless the person provides a bond to the Texas Department of
 Vehicles [Transportation].
 PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
 SECTION 2N.01. Section 648.002, Transportation Code, is
 amended to read as follows:
 Sec. 648.002. RULES. In addition to rules required by this
 chapter, the Texas Department of Vehicles [Transportation], the
 Department of Public Safety, and the Texas Department of Insurance
 may adopt other rules to carry out this chapter.
 PART O. ABANDONED MOTOR VEHICLES
 SECTION 2O.01. Subdivision (1), Section 683.001,
 Transportation Code, is amended to read as follows:
 (1) "Department" means the Texas Department of
 Vehicles [Transportation].
 PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
 SECTION 2P.01. Subdivision (1), Section 702.001,
 Transportation Code, is amended to read as follows:
 (1) "Department" means the Texas Department of
 Vehicles [Transportation].
 PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
 SECTION 2Q.01. Subdivision (2), Section 707.001,
 Transportation Code, is amended to read as follows:
 (2) "Owner of a motor vehicle" means the owner of a
 motor vehicle as shown on the motor vehicle registration records of
 the Texas Department of Vehicles [Transportation] or the analogous
 department or agency of another state or country.
 SECTION 2Q.02. Subsection (b), Section 707.011,
 Transportation Code, is amended to read as follows:
 (b) Not later than the 30th day after the date the violation
 is alleged to have occurred, the designated department, agency, or
 office of the local authority or the entity with which the local
 authority contracts under Section 707.003(a)(1) shall mail the
 notice of violation to the owner at:
 (1) the owner's address as shown on the registration
 records of the Texas Department of Vehicles [Transportation]; or
 (2) if the vehicle is registered in another state or
 country, the owner's address as shown on the motor vehicle
 registration records of the department or agency of the other state
 or country analogous to the Texas Department of Vehicles
 [Transportation].
 SECTION 2Q.03. Section 707.017, Transportation Code, is
 amended to read as follows:
 Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
 is delinquent in the payment of a civil penalty imposed under this
 chapter, the county assessor-collector or the Texas Department of
 Vehicles [Transportation] may refuse to register a motor vehicle
 alleged to have been involved in the violation.
 PART R. SALE OR LEASE OF MOTOR VEHICLES
 SECTION 2R.01. Subdivision (9), Section 2301.002,
 Occupations Code, is amended to read as follows:
 (9) "Department" means the Texas Department of
 Vehicles [Transportation].
 SECTION 2R.02. Subdivision (33), Section 2301.002,
 Occupations Code, is repealed.
 PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
 SECTION 2S.01. Subdivision (3), Section 1, Article
 4413(37), Revised Statutes, is amended to read as follows:
 (3) "Department" means the Texas Department of
 Vehicles [Transportation].
 SECTION 2S.02. Section 2, Article 4413(37), Revised
 Statutes, is amended to read as follows:
 Sec. 2. The Automobile Burglary and Theft Prevention
 Authority is established in the Texas Department of Vehicles
 [Transportation]. The authority is not an advisory body to the
 Texas Department of Vehicles [Transportation].
 ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
 TRANSPORTATION IN OTHER CODES
 PART A. BUSINESS & COMMERCE CODE
 SECTION 3A.01. Subsection (b), Section 51.003, Business &
 Commerce Code, as effective April 1, 2009, is amended to read as
 follows:
 (b) In this chapter, "business opportunity" does not
 include:
 (1) the sale or lease of an established and ongoing
 business or enterprise that has actively conducted business before
 the sale or lease, whether composed of one or more than one
 component business or enterprise, if the sale or lease represents
 an isolated transaction or series of transactions involving a bona
 fide change of ownership or control of the business or enterprise or
 liquidation of the business or enterprise;
 (2) a sale by a retailer of goods or services under a
 contract or other agreement to sell the inventory of one or more
 ongoing leased departments to a purchaser who is granted the right
 to sell the goods or services within or adjoining a retail business
 establishment as a department or division of the retail business
 establishment;
 (3) a transaction that is:
 (A) regulated by the Texas Department of
 Licensing and Regulation, the Texas Department of Insurance, the
 Texas Real Estate Commission, or the director of the Motor Vehicle
 Division of the Texas Department of Vehicles [Transportation]; and
 (B) engaged in by a person licensed by one of
 those agencies;
 (4) a real estate syndication;
 (5) a sale or lease to a business enterprise that also
 sells or leases products, equipment, or supplies or performs
 services:
 (A) that are not supplied by the seller; and
 (B) that the purchaser does not use with the
 seller's products, equipment, supplies, or services;
 (6) the offer or sale of a franchise as described by
 the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
 seq.) and its subsequent amendments;
 (7) the offer or sale of a business opportunity if the
 seller:
 (A) has a net worth of $25 million or more
 according to the seller's audited balance sheet as of a date not
 earlier than the 13th month before the date of the transaction; or
 (B) is at least 80 percent owned by another
 person who:
 (i) in writing unconditionally guarantees
 performance by the person offering the business opportunity plan;
 and
 (ii) has a net worth of more than $25
 million according to the person's most recent audited balance sheet
 as of a date not earlier than the 13th month before the date of the
 transaction; or
 (8) an arrangement defined as a franchise by 16 C.F.R.
 Section 436.2(a) and its subsequent amendments if:
 (A) the franchisor complies in all material
 respects in this state with 16 C.F.R. Part 436 and each order or
 other action of the Federal Trade Commission; and
 (B) before offering for sale or selling a
 franchise in this state, a person files with the secretary of state
 a notice containing:
 (i) the name of the franchisor;
 (ii) the name under which the franchisor
 intends to transact business; and
 (iii) the franchisor's principal business
 address.
 SECTION 3A.02. Subsection (b), Section 105.004, Business &
 Commerce Code, as effective April 1, 2009, is amended to read as
 follows:
 (b) The Texas Department of Vehicles [Transportation] shall
 provide a notice that states the provisions of this chapter to each
 person with a disability who is issued:
 (1) license plates under Section 504.201,
 Transportation Code; or
 (2) a disabled parking placard under Section 681.004,
 Transportation Code.
 PART B. CODE OF CRIMINAL PROCEDURE
 SECTION 3B.01. Subdivision (1), Section 1, Article 42.22,
 Code of Criminal Procedure, is amended to read as follows:
 (1) "Department" means the Texas Department of
 Vehicles [Transportation].
 SECTION 3B.02. Subsection (c), Article 59.04, Code of
 Criminal Procedure, is amended to read as follows:
 (c) If the property is a motor vehicle, and if there is
 reasonable cause to believe that the vehicle has been registered
 under the laws of this state, the attorney representing the state
 shall ask the Texas Department of Vehicles [Transportation] to
 identify from its records the record owner of the vehicle and any
 interest holder. If the addresses of the owner and interest holder
 are not otherwise known, the attorney representing the state shall
 request citation be served on such persons at the address listed
 with the Texas Department of Vehicles [Transportation]. If the
 citation issued to such address is returned unserved, the attorney
 representing the state shall cause a copy of the notice of the
 seizure and intended forfeiture to be posted at the courthouse
 door, to remain there for a period of not less than 30 days. If the
 owner or interest holder does not answer or appear after the notice
 has been so posted, the court shall enter a judgment by default as
 to the owner or interest holder, provided that the attorney
 representing the state files a written motion supported by
 affidavit setting forth the attempted service. An owner or
 interest holder whose interest is forfeited in this manner shall
 not be liable for court costs. If the person in possession of the
 vehicle at the time of the seizure is not the owner or the interest
 holder of the vehicle, notification shall be provided to the
 possessor in the same manner specified for notification to an owner
 or interest holder.
 PART C. FAMILY CODE
 SECTION 3C.01. Subsection (b), Section 157.316, Family
 Code, is amended to read as follows:
 (b) If a lien established under this subchapter attaches to
 a motor vehicle, the lien must be perfected in the manner provided
 by Chapter 501, Transportation Code, and the court or Title IV-D
 agency that rendered the order of child support shall include in the
 order a requirement that the obligor surrender to the court or Title
 IV-D agency evidence of the legal ownership of the motor vehicle
 against which the lien may attach. A lien against a motor vehicle
 under this subchapter is not perfected until the obligor's title to
 the vehicle has been surrendered to the court or Title IV-D agency
 and the Texas Department of Vehicles [Transportation] has issued a
 subsequent title that discloses on its face the fact that the
 vehicle is subject to a child support lien under this subchapter.
 SECTION 3C.02. Subsection (a), Section 232.0022, Family
 Code, is amended to read as follows:
 (a) The Texas Department of Vehicles [Transportation] is
 the appropriate licensing authority for suspension or nonrenewal of
 a motor vehicle registration under this chapter.
 SECTION 3C.03. Subsection (b), Section 232.014, Family
 Code, is amended to read as follows:
 (b) A fee collected by the Texas Department of Vehicles
 [Transportation] or the Department of Public Safety shall be
 deposited to the credit of the state highway fund.
 SECTION 3C.04. Subsection (b), Section 264.502, Family
 Code, is amended to read as follows:
 (b) The members of the committee who serve under Subsections
 (a)(1) through (3) shall select the following additional committee
 members:
 (1) a criminal prosecutor involved in prosecuting
 crimes against children;
 (2) a sheriff;
 (3) a justice of the peace;
 (4) a medical examiner;
 (5) a police chief;
 (6) a pediatrician experienced in diagnosing and
 treating child abuse and neglect;
 (7) a child educator;
 (8) a child mental health provider;
 (9) a public health professional;
 (10) a child protective services specialist;
 (11) a sudden infant death syndrome family service
 provider;
 (12) a neonatologist;
 (13) a child advocate;
 (14) a chief juvenile probation officer;
 (15) a child abuse prevention specialist;
 (16) a representative of the Department of Public
 Safety; and
 (17) a representative of the Texas Department of
 Vehicles [Transportation].
 PART D. FINANCE CODE
 SECTION 3D.01. Subdivision (9), Section 306.001, Finance
 Code, is amended to read as follows:
 (9) "Qualified commercial loan":
 (A) means:
 (i) a commercial loan in which one or more
 persons as part of the same transaction lends, advances, borrows,
 or receives, or is obligated to lend or advance or entitled to
 borrow or receive, money or credit with an aggregate value of:
 (a) $3 million or more if the
 commercial loan is secured by real property; or
 (b) $250,000 or more if the commercial
 loan is not secured by real property and, if the aggregate value of
 the commercial loan is less than $500,000, the loan documents
 contain a written certification from the borrower that:
 (1) the borrower has been
 advised by the lender to seek the advice of an attorney and an
 accountant in connection with the commercial loan; and
 (2) the borrower has had the
 opportunity to seek the advice of an attorney and accountant of the
 borrower's choice in connection with the commercial loan; and
 (ii) a renewal or extension of a commercial
 loan described by Paragraph (A), regardless of the principal amount
 of the loan at the time of the renewal or extension; and
 (B) does not include a commercial loan made for
 the purpose of financing a business licensed by the Motor Vehicle
 Board of the Texas Department of Vehicles [Transportation] under
 Section 2301.251(a), Occupations Code.
 SECTION 3D.02. Subdivision (10-a), Section 348.001,
 Finance Code, is amended to read as follows:
 (10-a) "Towable recreation vehicle" means a
 nonmotorized vehicle that:
 (A) was originally designed and manufactured
 primarily to provide temporary human habitation in conjunction with
 recreational, camping, or seasonal use;
 (B) is titled and registered with the Texas
 Department of Vehicles [Transportation] as a travel trailer through
 a county tax assessor-collector;
 (C) is permanently built on a single chassis;
 (D) contains at least one life support system;
 and
 (E) is designed to be towable by a motor vehicle.
 SECTION 3D.03. Section 348.518, Finance Code, is amended to
 read as follows:
 Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
 enforcement of law and minimization of regulatory burdens, the
 commissioner and the Texas Department of Vehicles [Transportation]
 may share information, including criminal history information,
 relating to a person licensed under this chapter. Information
 otherwise confidential remains confidential after it is shared
 under this section.
 PART E. GOVERNMENT CODE
 SECTION 3E.01. Subsection (d), Section 411.122, Government
 Code, is amended to read as follows:
 (d) The following state agencies are subject to this
 section:
 (1) Texas Appraiser Licensing and Certification
 Board;
 (2) Texas Board of Architectural Examiners;
 (3) Texas Board of Chiropractic Examiners;
 (4) State Board of Dental Examiners;
 (5) Texas Board of Professional Engineers;
 (6) Texas Funeral Service Commission;
 (7) Texas Board of Professional Geoscientists;
 (8) Department of State Health Services, except as
 provided by Section 411.110, and agencies attached to the
 department, including:
 (A) Texas State Board of Examiners of Dietitians;
 (B) Texas State Board of Examiners of Marriage
 and Family Therapists;
 (C) Midwifery Board;
 (D) Texas State Perfusionist Advisory Committee
 [Board of Examiners of Perfusionists];
 (E) Texas State Board of Examiners of
 Professional Counselors;
 (F) Texas State Board of Social Worker Examiners;
 (G) State Board of Examiners for Speech-Language
 Pathology and Audiology;
 (H) Advisory Board of Athletic Trainers;
 (I) State Committee of Examiners in the Fitting
 and Dispensing of Hearing Instruments;
 (J) Texas Board of Licensure for Professional
 Medical Physicists; and
 (K) Texas Board of Orthotics and Prosthetics;
 (9) Texas Board of Professional Land Surveying;
 (10) Texas Department of Licensing and Regulation,
 except as provided by Section 411.093;
 (11) Texas Commission on Environmental Quality;
 (12) Texas Board of Occupational Therapy Examiners;
 (13) Texas Optometry Board;
 (14) Texas State Board of Pharmacy;
 (15) Texas Board of Physical Therapy Examiners;
 (16) Texas State Board of Plumbing Examiners;
 (17) Texas State Board of Podiatric Medical Examiners;
 (18) Polygraph Examiners Board;
 (19) Texas State Board of Examiners of Psychologists;
 (20) Texas Real Estate Commission;
 (21) Board of Tax Professional Examiners;
 (22) Texas Department of Transportation;
 (23) State Board of Veterinary Medical Examiners;
 (24) Texas Department of Housing and Community
 Affairs;
 (25) secretary of state;
 (26) state fire marshal;
 (27) Texas Education Agency; [and]
 (28) Department of Agriculture; and
 (29) Texas Department of Vehicles.
 PART F. HEALTH AND SAFETY CODE
 SECTION 3F.01. Subsection (e), Section 382.209, Health and
 Safety Code, is amended to read as follows:
 (e) A vehicle is not eligible to participate in a low-income
 vehicle repair assistance, retrofit, and accelerated vehicle
 retirement program established under this section unless:
 (1) the vehicle is capable of being operated;
 (2) the registration of the vehicle:
 (A) is current; and
 (B) reflects that the vehicle has been registered
 in the county implementing the program for the 12 months preceding
 the application for participation in the program;
 (3) the commissioners court of the county
 administering the program determines that the vehicle meets the
 eligibility criteria adopted by the commission, the Texas
 Department of Vehicles [Transportation], and the Public Safety
 Commission;
 (4) if the vehicle is to be repaired, the repair is
 done by a repair facility recognized by the Department of Public
 Safety, which may be an independent or private entity licensed by
 the state; and
 (5) if the vehicle is to be retired under this
 subsection and Section 382.213, the replacement vehicle is a
 qualifying motor vehicle.
 SECTION 3F.02. Subsection (f), Section 382.210, Health and
 Safety Code, is amended to read as follows:
 (f) In this section, "total cost" means the total amount of
 money paid or to be paid for the purchase of a motor vehicle as set
 forth as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of
 Vehicles [Transportation]. In a transaction that does not involve
 the use of that form, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Title if that form were involved.
 SECTION 3F.03. Subsection (a), Section 461.017, Health and
 Safety Code, is amended to read as follows:
 (a) The Drug Demand Reduction Advisory Committee is
 composed of the following members:
 (1) five representatives of the public from different
 geographic regions of the state who have knowledge and expertise in
 issues relating to reducing drug demand and who are appointed by the
 commissioner [executive director] of the Department of State Health
 Services [Texas Commission on Alcohol and Drug Abuse]; and
 (2) one representative of each of the following
 agencies or offices who is appointed by the executive director or
 commissioner of the agency or office and who is directly involved in
 the agency's or office's policies, programs, or funding activities
 relating to reducing drug demand:
 (A) the criminal justice division of the
 governor's office;
 (B) the Criminal Justice Policy Council;
 (C) the Department of Family and Protective [and
 Regulatory] Services;
 (D) the Department of Public Safety of the State
 of Texas;
 (E) the Health and Human Services Commission;
 (F) the Texas Alcoholic Beverage Commission;
 (G) the Department of State Health Services
 [Texas Commission on Alcohol and Drug Abuse];
 (H) the Texas Council on Offenders with Mental
 Impairments;
 (I) the Texas Department of Criminal Justice;
 (J) the [Texas Department of] Health and[;
 [(K) the Texas Department of] Human Services
 Commission;
 (K) [(L)] the [Texas] Department of Aging and
 Disability Services [Mental Health and Mental Retardation];
 (L) [(M)] the Texas Education Agency;
 (M) [(N)] the Texas Juvenile Probation
 Commission;
 (N) [(O)] the Texas Youth Commission;
 (O) [(P)] the Department of Assistive and
 Rehabilitative Services [Texas Rehabilitation Commission];
 (P) [(Q)] the Texas Workforce Commission;
 (Q) [(R)] the Texas Department of Vehicles
 [Transportation];
 (R) [(S)] the comptroller of public accounts;
 and
 (S) [(T)] the adjutant general's department.
 PART G. HUMAN RESOURCES CODE
 SECTION 3G.01. Section 22.041, Human Resources Code, is
 amended to read as follows:
 Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
 other provision of this code, the department may use information
 obtained from a third party to verify the assets and resources of a
 person for purposes of determining the person's eligibility and
 need for medical assistance, financial assistance, or nutritional
 assistance. Third-party information includes information obtained
 from:
 (1) a consumer reporting agency, as defined by Section
 20.01, Business & Commerce Code;
 (2) an appraisal district; or
 (3) the Texas Department of Vehicles
 [Transportation's] vehicle registration record database.
 SECTION 3G.02. Subsection (g), Section 32.026, Human
 Resources Code, is amended to read as follows:
 (g) Notwithstanding any other provision of this code, the
 department may use information obtained from a third party to
 verify the assets and resources of a person for purposes of
 determining the person's eligibility and need for medical
 assistance. Third-party information includes information obtained
 from:
 (1) a consumer reporting agency, as defined by Section
 20.01, Business & Commerce Code;
 (2) an appraisal district; or
 (3) the Texas Department of Vehicles
 [Transportation's] vehicle registration record database.
 PART H. LOCAL GOVERNMENT CODE
 SECTION 3H.01. Section 130.006, Local Government Code, is
 amended to read as follows:
 Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
 CHECKS AND INVOICES. A county tax assessor-collector may establish
 procedures for the collection of dishonored checks and credit card
 invoices. The procedures may include:
 (1) official notification to the maker that the check
 or invoice has not been honored and that the receipt, registration,
 certificate, or other instrument issued on the receipt of the check
 or invoice is not valid until payment of the fee or tax is made;
 (2) notification of the sheriff or other law
 enforcement officers that a check or credit card invoice has not
 been honored and that the receipt, registration, certificate, or
 other instrument held by the maker is not valid; and
 (3) notification to the Texas Department of Vehicles
 [Transportation], the comptroller of public accounts, or the
 Department of Public Safety that the receipt, registration,
 certificate, or other instrument held by the maker is not valid.
 SECTION 3H.02. Section 130.007, Local Government Code, is
 amended to read as follows:
 Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
 ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
 remitted to the comptroller or the Texas Department of Vehicles
 [Transportation] and if payment was made to the county tax
 assessor-collector by a check that was not honored by the drawee
 bank or by a credit card invoice that was not honored by the credit
 card issuer, the amount of the fee or tax is not required to be
 remitted, but the assessor-collector shall notify the appropriate
 department of:
 (1) the amount of the fee or tax;
 (2) the type of fee or tax involved; and
 (3) the name and address of the maker.
 (b) The Texas Department of Vehicles [Transportation] and
 the comptroller shall assist the county tax assessor-collector in
 collecting the fee or tax and may cancel or revoke any receipt,
 registration, certificate, or other instrument issued in the name
 of the state conditioned on the payment of the fee or tax.
 SECTION 3H.03. Section 130.008, Local Government Code, is
 amended to read as follows:
 Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
 SUBCHAPTER. If the comptroller or the Texas Department of Vehicles
 [Transportation] determines that the county tax assessor-collector
 has accepted payment for fees and taxes to be remitted to that
 department in violation of Section 130.004 or that more than two
 percent of the fees and taxes to be received from the
 assessor-collector are not remitted because of the acceptance of
 checks that are not honored by the drawee bank or of credit card
 invoices that are not honored by the credit card issuer, the
 department may notify the assessor-collector that the
 assessor-collector may not accept a check or credit card invoice
 for the payment of any fee or tax to be remitted to that department.
 A county tax assessor-collector who accepts a check or credit card
 invoice for the payment of a fee or tax, after notice that the
 assessor-collector may not receive a check or credit card invoice
 for the payment of fees or taxes to be remitted to a department, is
 liable to the state for the amount of the check or credit card
 invoice accepted.
 SECTION 3H.04. Section 130.009, Local Government Code, is
 amended to read as follows:
 Sec. 130.009. STATE RULES. The comptroller and the Texas
 Department of Vehicles [Transportation] may make rules concerning
 the acceptance of checks or credit card invoices by a county tax
 assessor-collector and for the collection of dishonored checks or
 credit card invoices.
 PART I. OCCUPATIONS CODE
 SECTION 3I.01. Subsection (c), Section 554.009,
 Occupations Code, is amended to read as follows:
 (c) The board may register a vehicle with the Texas
 Department of Vehicles [Transportation] in an alias name only for
 investigative personnel.
 SECTION 3I.02. Subdivision (9), Section 2301.002,
 Occupations Code, is amended to read as follows:
 (9) "Department" means the Texas Department of
 Vehicles [Transportation].
 SECTION 3I.03. Subsections (a) and (b), Section 2301.005,
 Occupations Code, are amended to read as follows:
 (a) A reference in law, including a rule, to the Texas Motor
 Vehicle Commission or to the board means [the director, except that
 a reference to] the board of the Texas Department of Vehicles [means
 the commission if it is related to the adoption of rules].
 (b) A reference in law, including a rule, to the executive
 director of the Texas Motor Vehicle Commission means the executive
 director of the Texas Department of Vehicles.
 SECTION 3I.04. Subdivisions (2) and (3), Section 2302.001,
 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 3I.05. Subsection (b), Section 2302.0015,
 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 3I.06. The heading to Subchapter B, Chapter 2302,
 Occupations Code, is amended to read as follows:
 SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
 SECTION 3I.07. 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 3I.08. Subsection (b), Section 2302.108,
 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 3I.09. 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.
 SECTION 3I.10. Subdivision (33), Section 2301.002,
 Occupations Code, is repealed.
 PART J. PENAL CODE
 SECTION 3J.01. Subsection (c), Section 31.03, Penal Code,
 is amended to read as follows:
 (c) For purposes of Subsection (b):
 (1) evidence that the actor has previously
 participated in recent transactions other than, but similar to,
 that which the prosecution is based is admissible for the purpose of
 showing knowledge or intent and the issues of knowledge or intent
 are raised by the actor's plea of not guilty;
 (2) the testimony of an accomplice shall be
 corroborated by proof that tends to connect the actor to the crime,
 but the actor's knowledge or intent may be established by the
 uncorroborated testimony of the accomplice;
 (3) an actor engaged in the business of buying and
 selling used or secondhand personal property, or lending money on
 the security of personal property deposited with the actor, is
 presumed to know upon receipt by the actor of stolen property (other
 than a motor vehicle subject to Chapter 501, Transportation Code)
 that the property has been previously stolen from another if the
 actor pays for or loans against the property $25 or more (or
 consideration of equivalent value) and the actor knowingly or
 recklessly:
 (A) fails to record the name, address, and
 physical description or identification number of the seller or
 pledgor;
 (B) fails to record a complete description of the
 property, including the serial number, if reasonably available, or
 other identifying characteristics; or
 (C) fails to obtain a signed warranty from the
 seller or pledgor that the seller or pledgor has the right to
 possess the property. It is the express intent of this provision
 that the presumption arises unless the actor complies with each of
 the numbered requirements;
 (4) for the purposes of Subdivision (3)(A),
 "identification number" means driver's license number, military
 identification number, identification certificate, or other
 official number capable of identifying an individual;
 (5) stolen property does not lose its character as
 stolen when recovered by any law enforcement agency;
 (6) an actor engaged in the business of obtaining
 abandoned or wrecked motor vehicles or parts of an abandoned or
 wrecked motor vehicle for resale, disposal, scrap, repair,
 rebuilding, demolition, or other form of salvage is presumed to
 know on receipt by the actor of stolen property that the property
 has been previously stolen from another if the actor knowingly or
 recklessly:
 (A) fails to maintain an accurate and legible
 inventory of each motor vehicle component part purchased by or
 delivered to the actor, including the date of purchase or delivery,
 the name, age, address, sex, and driver's license number of the
 seller or person making the delivery, the license plate number of
 the motor vehicle in which the part was delivered, a complete
 description of the part, and the vehicle identification number of
 the motor vehicle from which the part was removed, or in lieu of
 maintaining an inventory, fails to record the name and certificate
 of inventory number of the person who dismantled the motor vehicle
 from which the part was obtained;
 (B) fails on receipt of a motor vehicle to obtain
 a certificate of authority, sales receipt, or transfer document as
 required by Chapter 683, Transportation Code, or a certificate of
 title showing that the motor vehicle is not subject to a lien or
 that all recorded liens on the motor vehicle have been released; or
 (C) fails on receipt of a motor vehicle to
 immediately remove an unexpired license plate from the motor
 vehicle, to keep the plate in a secure and locked place, or to
 maintain an inventory, on forms provided by the Texas Department of
 Vehicles [Transportation], of license plates kept under this
 paragraph, including for each plate or set of plates the license
 plate number and the make, motor number, and vehicle identification
 number of the motor vehicle from which the plate was removed;
 (7) an actor who purchases or receives a used or
 secondhand motor vehicle is presumed to know on receipt by the actor
 of the motor vehicle that the motor vehicle has been previously
 stolen from another if the actor knowingly or recklessly:
 (A) fails to report to the Texas Department of
 Vehicles [Transportation] the failure of the person who sold or
 delivered the motor vehicle to the actor to deliver to the actor a
 properly executed certificate of title to the motor vehicle at the
 time the motor vehicle was delivered; or
 (B) fails to file with the county tax
 assessor-collector of the county in which the actor received the
 motor vehicle, not later than the 20th day after the date the actor
 received the motor vehicle, the registration license receipt and
 certificate of title or evidence of title delivered to the actor in
 accordance with Subchapter D, Chapter 520, Transportation Code, at
 the time the motor vehicle was delivered;
 (8) an actor who purchases or receives from any source
 other than a licensed retailer or distributor of pesticides a
 restricted-use pesticide or a state-limited-use pesticide or a
 compound, mixture, or preparation containing a restricted-use or
 state-limited-use pesticide is presumed to know on receipt by the
 actor of the pesticide or compound, mixture, or preparation that
 the pesticide or compound, mixture, or preparation has been
 previously stolen from another if the actor:
 (A) fails to record the name, address, and
 physical description of the seller or pledgor;
 (B) fails to record a complete description of the
 amount and type of pesticide or compound, mixture, or preparation
 purchased or received; and
 (C) fails to obtain a signed warranty from the
 seller or pledgor that the seller or pledgor has the right to
 possess the property; and
 (9) an actor who is subject to Section 409, Packers and
 Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
 a commission merchant by representing that the actor will make
 prompt payment is presumed to have induced the commission
 merchant's consent by deception if the actor fails to make full
 payment in accordance with Section 409, Packers and Stockyards Act
 (7 U.S.C. Section 228b).
 SECTION 3J.02. Subsection (b), Section 31.11, Penal Code,
 is amended to read as follows:
 (b) It is an affirmative defense to prosecution under this
 section that the person was:
 (1) the owner or acting with the effective consent of
 the owner of the property involved;
 (2) a peace officer acting in the actual discharge of
 official duties; or
 (3) acting with respect to a number assigned to a
 vehicle by the Texas Department of Transportation or the Texas
 Department of Vehicles, as applicable, and the person was:
 (A) in the actual discharge of official duties as
 an employee or agent of the department; or
 (B) in full compliance with the rules of the
 department as an applicant for an assigned number approved by the
 department.
 PART K. TAX CODE
 SECTION 3K.01. Subsection (d), Section 21.02, Tax Code, is
 amended to read as follows:
 (d) A motor vehicle does not have taxable situs in a taxing
 unit under Subsection (a)(1) if, on January 1, the vehicle:
 (1) has been located for less than 60 days at a place
 of business of a person who holds a wholesale motor vehicle auction
 general distinguishing number issued by the Texas Department of
 Vehicles [Transportation] under Chapter 503, Transportation Code,
 for that place of business; and
 (2) is offered for resale.
 SECTION 3K.02. Subsection (d), Section 22.04, Tax Code, is
 amended to read as follows:
 (d) This section does not apply to a motor vehicle that on
 January 1 is located at a place of business of a person who holds a
 wholesale motor vehicle auction general distinguishing number
 issued by the Texas Department of Vehicles [Transportation] under
 Chapter 503, Transportation Code, for that place of business, and
 that:
 (1) has not acquired taxable situs under Section
 21.02(a)(1) in a taxing unit that participates in the appraisal
 district because the vehicle is described by Section 21.02(d);
 (2) is offered for sale by a dealer who holds a
 dealer's general distinguishing number issued by the Texas
 Department of Vehicles [Transportation] under Chapter 503,
 Transportation Code, and whose inventory of motor vehicles is
 subject to taxation in the manner provided by Sections 23.121 and
 23.122; or
 (3) is collateral possessed by a lienholder and
 offered for sale in foreclosure of a security interest.
 SECTION 3K.03. Subdivisions (3), (11), and (14), Subsection
 (a), Section 23.121, Tax Code, are amended to read as follows:
 (3) "Dealer" means a person who holds a dealer's
 general distinguishing number issued by the Texas Department of
 Vehicles [Transportation] under the authority of Chapter 503,
 Transportation Code, or who is legally recognized as a motor
 vehicle dealer pursuant to the law of another state and who complies
 with the terms of Section 152.063(f). The term does not include:
 (A) a person who holds a manufacturer's license
 issued under Chapter 2301, Occupations Code [by the Motor Vehicle
 Board of the Texas Department of Transportation];
 (B) an entity that is owned or controlled by a
 person who holds a manufacturer's license issued under Chapter
 2301, Occupations Code [by the Motor Vehicle Board of the Texas
 Department of Transportation]; or
 (C) a dealer whose general distinguishing number
 issued by the Texas Department of Vehicles [Transportation] under
 the authority of Chapter 503, Transportation Code, prohibits the
 dealer from selling a vehicle to any person except a dealer.
 (11) "Sales price" means the total amount of money
 paid or to be paid for the purchase of a motor vehicle as set forth
 as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of
 Vehicles [Transportation]. In a transaction that does not involve
 the use of that form, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Title if that form were involved.
 (14) "Towable recreational vehicle" means a
 nonmotorized vehicle that is designed for temporary human
 habitation for recreational, camping, or seasonal use and:
 (A) is titled and registered with the Texas
 Department of Vehicles [Transportation] through the office of the
 collector;
 (B) is permanently built on a single chassis;
 (C) contains one or more life support systems;
 and
 (D) is designed to be towable by a motor vehicle.
 SECTION 3K.04. Subsections (f), (g), and (h), Section
 23.121, Tax Code, are amended to read as follows:
 (f) The comptroller shall promulgate a form entitled
 Dealer's Motor Vehicle Inventory Declaration. Except as provided
 by Section 23.122(l) [of this code], not later than February 1 of
 each year, or, in the case of a dealer who was not in business on
 January 1, not later than 30 days after commencement of business,
 each dealer shall file a declaration with the chief appraiser and
 file a copy with the collector. For purposes of this subsection, a
 dealer is presumed to have commenced business on the date of
 issuance to the dealer of a dealer's general distinguishing number
 as provided by Chapter 503, Transportation Code. Notwithstanding
 the presumption created by this subsection, a chief appraiser may,
 at his or her sole discretion, designate as the date on which a
 dealer commenced business a date other than the date of issuance to
 the dealer of a dealer's general distinguishing number. The
 declaration is sufficient to comply with this subsection if it sets
 forth the following information:
 (1) the name and business address of each location at
 which the dealer owner conducts business;
 (2) each of the dealer's general distinguishing
 numbers issued by the Texas Department of Vehicles
 [Transportation];
 (3) a statement that the dealer owner is the owner of a
 dealer's motor vehicle inventory; and
 (4) the market value of the dealer's motor vehicle
 inventory for the current tax year as computed under Section
 23.121(b) [of this code].
 (g) Under the terms provided by this subsection, the chief
 appraiser may examine the books and records of the holder of a
 general distinguishing number issued by the Texas Department of
 Vehicles [Transportation]. A request made under this subsection
 must be made in writing, delivered personally to the custodian of
 the records, at the location for which the general distinguishing
 number has been issued, must provide a period not less than 15 days
 for the person to respond to the request, and must state that the
 person to whom it is addressed has the right to seek judicial relief
 from compliance with the request. In a request made under this
 section the chief appraiser may examine:
 (1) the document issued by the Texas Department of
 Vehicles [Transportation] showing the person's general
 distinguishing number;
 (2) documentation appropriate to allow the chief
 appraiser to ascertain the applicability of this section and
 Section 23.122 [of this code] to the person;
 (3) sales records to substantiate information set
 forth in the dealer's declaration filed by the person.
 (h) If a dealer fails to file a declaration as required by
 this section, or if, on the declaration required by this section, a
 dealer reports the sale of fewer than five motor vehicles in the
 prior year, the chief appraiser shall report that fact to the Texas
 Department of Vehicles [Transportation] and the department shall
 initiate termination proceedings. The chief appraiser shall
 include with the report a copy of a declaration, if any, indicating
 the sale by a dealer of fewer than five motor vehicles in the prior
 year. A report by a chief appraiser to the Texas Department of
 Vehicles [Transportation] as provided by this subsection is prima
 facie grounds for the cancellation of the dealer's general
 distinguishing number under Section 503.038(a)(9), Transportation
 Code, or for refusal by the Texas Department of Vehicles
 [Transportation] to renew the dealer's general distinguishing
 number.
 SECTION 3K.05. Subsection (c), Section 23.123, Tax Code, is
 amended to read as follows:
 (c) Information made confidential by this section may be
 disclosed:
 (1) in a judicial or administrative proceeding
 pursuant to a lawful subpoena;
 (2) to the person who filed the declaration or
 statement or to that person's representative authorized by the
 person in writing to receive the information;
 (3) to the comptroller or an employee of the
 comptroller authorized by the comptroller to receive the
 information;
 (4) to a collector or chief appraiser;
 (5) to a district attorney, criminal district attorney
 or county attorney involved in the enforcement of a penalty imposed
 pursuant to Section 23.121 or Section 23.122 [of this code];
 (6) for statistical purposes if in a form that does not
 identify specific property or a specific property owner;
 (7) if and to the extent that the information is
 required for inclusion in a public document or record that the
 appraisal or collection office is required by law to prepare or
 maintain; or
 (8) to the Texas Department of Vehicles
 [Transportation] for use by that department in auditing compliance
 of its licensees with appropriate provisions of applicable law.
 SECTION 3K.06. Subdivision (11), Subsection (a), Section
 23.124, Tax Code, is amended to read as follows:
 (11) "Sales price" means the total amount of money
 paid or to be paid for the purchase of:
 (A) a vessel, other than a trailer that is
 treated as a vessel, as set forth as "sales price" in the form
 entitled "Application for Texas Certificate of Number/Title for
 Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
 and Wildlife Department;
 (B) an outboard motor as set forth as "sales
 price" in the form entitled "Application for Texas Certificate of
 Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
 promulgated by the Parks and Wildlife Department; or
 (C) a trailer that is treated as a vessel as set
 forth as "sales price" in the form entitled "Application for Texas
 Certificate of Title" promulgated by the Texas Department of
 Vehicles [Transportation].
 In a transaction involving a vessel, an outboard motor,
 or a trailer that is treated as a vessel that does not involve the
 use of one of these forms, the term means an amount of money that is
 equivalent, or substantially equivalent, to the amount that would
 appear as "sales price" on the Application for Texas Certificate of
 Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
 Application for Texas Certificate of Title for an Outboard
 Motor/Seller, Donor or Trader's Affidavit, or the Application for
 Texas Certificate of Title if one of these forms were involved.
 SECTION 3K.07. Section 113.011, Tax Code, is amended to
 read as follows:
 Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF VEHICLES
 [TRANSPORTATION]. The comptroller shall furnish to the Texas
 Department of Vehicles [Transportation] each release of a tax lien
 filed by the comptroller with that department.
 SECTION 3K.08. Subsections (a) and (f), Section 152.0412,
 Tax Code, are amended to read as follows:
 (a) In this section, "standard presumptive value" means the
 private-party transaction value of a motor vehicle, as determined
 by the Texas Department of Vehicles [Transportation] based on an
 appropriate regional guidebook of a nationally recognized motor
 vehicle value guide service, or based on another motor vehicle
 guide publication that the department determines is appropriate if
 a private-party transaction value for the motor vehicle is not
 available from a regional guidebook described by this subsection.
 (f) The Texas Department of Vehicles [Transportation] shall
 maintain information on the standard presumptive values of motor
 vehicles as part of the department's registration and title system.
 The department shall update the information at least quarterly each
 calendar year and publish, electronically or otherwise, the updated
 information.
 SECTION 3K.09. Section 152.042, Tax Code, is amended to
 read as follows:
 Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
 person required to pay the tax imposed by Section 152.027 shall pay
 the tax to the Texas Department of Vehicles [Transportation], and
 the department may not issue the metal dealer's plates until the tax
 is paid.
 SECTION 3K.10. Subsection (b), Section 152.121, Tax Code,
 is amended to read as follows:
 (b) Taxes on metal dealer plates collected by the Texas
 Department of Vehicles [Transportation] shall be deposited by the
 department in the state treasury in the same manner as are other
 taxes collected under this chapter.
 SECTION 3K.11. Subdivision (52), Section 162.001, Tax Code,
 is amended to read as follows:
 (52) "Registered gross weight" means the total weight
 of the vehicle and carrying capacity shown on the registration
 certificate issued by the Texas Department of Vehicles
 [Transportation].
 ARTICLE 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
 RIGHTS OF ACTION
 SECTION 4.01. (a) All powers, duties, obligations, and
 rights of action of the Motor Vehicle Division and the Vehicle
 Titles and Registration Division of the Texas Department of
 Transportation are transferred to the Texas Department of Vehicles
 and all powers, duties, obligations, and rights of action of the
 Texas Transportation Commission in connection or associated with
 those divisions of the Texas Department of Transportation are
 transferred to the board of the Texas Department of Vehicles on
 November 1, 2009.
 (b) The powers, duties, obligations, and rights of action of
 the portion of the Motor Carrier Division of the Texas Department of
 Transportation that is responsible for motor carrier registration
 and the enforcement of Subtitle F, Title 7, Transportation Code,
 are transferred to the Texas Department of Vehicles and the
 associated powers, duties, obligations, and rights of action of the
 Texas Transportation Commission are transferred to the board of the
 Texas Department of Vehicles on November 1, 2009.
 (c) In connection with the transfers required by
 Subsections (a) and (b) of this section, the personnel, furniture,
 computers, other property and equipment, files, and related
 materials used by the Motor Vehicle Division, the Vehicle Titles
 and Registration Division, or the portion of the Motor Carrier
 Division of the Texas Department of Transportation described in
 Subsection (b) of this section are transferred to the Texas
 Department of Vehicles.
 (d) The Texas Department of Vehicles shall continue any
 proceeding involving the Motor Vehicle Division, the Vehicle Titles
 and Registration Division, or the portion of the Motor Carrier
 Division of the Texas Department of Transportation described in
 Subsection (b) of this section 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.
 (e) A certificate, license, document, permit, registration,
 or other authorization issued by the Motor Vehicle Division or the
 Vehicle Titles and Registration Division of the Texas Department of
 Transportation or a registration issued by the Motor Carrier
 Division of the Texas Department of Transportation that is in
 effect on the effective date of this Act remains valid for the
 period for which it was issued unless suspended or revoked by the
 Texas Department of Vehicles.
 (f) A rule adopted by the Texas Transportation Commission or
 the executive director of the Texas Department of Transportation in
 connection with or relating to the Motor Vehicle Division, the
 Vehicle Titles and Registration Division, or the portion of the
 Motor Carrier Division of the Texas Department of Transportation
 described in Subsection (b) of this section continues in effect
 until it is amended or repealed by the board of the Texas Department
 of Vehicles or the Texas Department of Vehicles, as applicable.
 (g) The unobligated and unexpended balance of any
 appropriations made to the Texas Department of Transportation in
 connection with or relating to the Motor Vehicle Division, the
 Vehicle Titles and Registration Division, or the portion of the
 Motor Carrier Division of the Texas Department of Transportation
 described in Subsection (b) of this section for the state fiscal
 biennium ending August 31, 2009, is transferred and reappropriated
 to the Texas Department of Vehicles for the purpose of implementing
 the powers, duties, obligations, and rights of action transferred
 to that department under Subsections (a) and (b) of this section.
 SECTION 4.02. (a) In connection with the establishment by
 this Act of the Automobile Burglary and Theft Prevention Authority
 in the Texas Department of Vehicles and with the transfer by this
 Act of the duty to provide personnel and services to the Automobile
 Burglary and Theft Prevention Authority from the Texas Department
 of Transportation to the Texas Department of Vehicles, the
 personnel, furniture, computers, other property and equipment,
 files, and related materials used by the Automobile Burglary and
 Theft Prevention Authority are transferred to the Texas Department
 of Vehicles.
 (b) 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 for the state fiscal biennium ending August
 31, 2009, is transferred and reappropriated to the Texas Department
 of Vehicles for the purpose of allowing the authority to continue to
 exercise its powers, duties, and obligations under the auspices of
 that department.
 SECTION 4.03. (a) In addition to the positions of the
 Texas Department of Transportation assigned to the Vehicle Titles
 and Registration Division, Motor Vehicle Division, Motor Carrier
 Division, and Automobile Burglary and Theft Prevention Authority
 Division that are transferred to the Texas Department of Vehicles,
 it is estimated that 75 other full-time equivalent employee
 positions of the Texas Department of Transportation primarily
 support the transferred divisions and, subject to this section,
 those positions are also transferred to the Texas Department of
 Vehicles. The number of positions transferred under this
 subsection may be modified by agreement of the two agencies in a
 memorandum of understanding.
 (b) If in another Act of the 81st Legislature, Regular
 Session, 2009, the legislature establishes a maximum number of
 full-time equivalent employee positions for the Texas Department of
 Vehicles, the number of positions transferred under Subsection (a)
 of this section may not result in a number of full-time equivalent
 employee positions of that department that exceeds the maximum.
 (c) When filling a position described by Subsection (a) of
 this section, the Texas Department of Vehicles shall give first
 consideration to an applicant who, as of September 1, 2009, was a
 full-time employee of the Texas Department of Transportation and
 primarily supported one or more of the transferred divisions.
 ARTICLE 5. APPOINTMENT OF BOARD
 SECTION 5.01. Not later than October 1, 2009, the governor
 shall appoint the members of the board of the Texas Department of
 Vehicles in accordance with Subchapter B, Chapter 1001,
 Transportation Code, as added by this Act.
 ARTICLE 6. MEMORANDUM OF UNDERSTANDING
 SECTION 6.01. (a) The board of the Texas Department of
 Vehicles and the Texas Transportation Commission by rule shall
 adopt or revise a joint memorandum of understanding to coordinate
 the Texas Department of Vehicles' and the Texas Department of
 Transportation's information systems to allow for the sharing of
 information so that each department may effectively and efficiently
 perform the functions and duties assigned to it.
 (b) The Texas Department of Vehicles and the Texas
 Department of Transportation shall implement the joint memorandum
 of understanding using existing personnel and resources.
 (c) Otherwise confidential information shared under the
 memorandum of understanding remains subject to the same
 confidentiality requirements and legal restrictions on access to
 the information that are imposed by law on the department that
 originally obtained or collected the information.
 (d) Information may be shared under the memorandum of
 understanding without the consent of the person who is the subject
 of the information.
 SECTION 6.02. (a) In addition to the memorandum of
 understanding required by Section 6.01 of this article, the board
 of the Texas Department of Vehicles and the Texas Transportation
 Commission by rule may adopt or revise one or more other joint
 memoranda of understanding as considered necessary or appropriate
 to effectuate the transfer of the powers and duties of the Texas
 Department of Transportation to the Texas Department of Vehicles
 under this Act.
 (b) Subsections (b), (c), and (d) of Section 6.01 of this
 article apply to a memorandum of understanding adopted or revised
 under Subsection (a) of this section.
 ARTICLE 7. EFFECTIVE DATE
 SECTION 7.01. This Act takes effect September 1, 2009.