Texas 2019 - 86th Regular

Texas House Bill HB1541 Compare Versions

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

Old	New	Differences
1	1	86R8645 AAF-D
2	2	By: Paddie H.B. No. 1541
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Department
8	8	of Motor Vehicles and to the operations of certain other entities
9	9	performing functions associated with the department.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. GENERAL PROVISIONS
12	12	SECTION 1.01. Section 1001.005, Transportation Code, is
13	13	amended to read as follows:
14	14	Sec. 1001.005. SUNSET PROVISION. The department is subject
15	15	to Chapter 325, Government Code (Texas Sunset Act). Unless
16	16	continued in existence as provided by that chapter, the department
17	17	is abolished September 1, 2031 [2019].
18	18	SECTION 1.02. Section 1001.030, Transportation Code, is
19	19	amended to read as follows:
20	20	Sec. 1001.030. BOARD MEMBER TRAINING [ON DEPARTMENT AND
21	21	CERTAIN LAWS RELATING TO DEPARTMENT]. (a) A [To be eligible to
22	22	take office as a member of the board, a] person who is appointed to
23	23	and qualifies for office as a member of the board may not vote,
24	24	deliberate, or be counted as a member in attendance at a meeting of
25	25	the board until the person completes [must complete at least one
26	26	course of] a training program that complies with this section.
27	27	(b) The training program must provide the person with
28	28	information [to the person] regarding:
29	29	(1) the law governing department operations [this
30	30	subchapter];
31	31	(2) the board's programs, functions, and rules and the
32	32	budget of [operated by] the department;
33	33	(3) the scope of and limitations on the rulemaking
34	34	authority [role and functions] of the board [department];
35	35	(4) the types of board rules, interpretations, and
36	36	enforcement actions that may implicate federal antitrust law by
37	37	limiting competition or impacting prices charged by persons engaged
38	38	in a profession or business the board regulates, including rules,
39	39	interpretations, and enforcement actions that:
40	40	(A) regulate the scope of practice of persons in
41	41	a profession or business the board regulates;
42	42	(B) restrict advertising by persons in a
43	43	profession or business the board regulates;
44	44	(C) affect the price of goods or services
45	45	provided by persons in a profession or business the board
46	46	regulates; or
47	47	(D) restrict participation in a profession or
48	48	business the board regulates [rules of the department with an
49	49	emphasis on the rules that relate to disciplinary and investigatory
50	50	authority];
51	51	(5) [the current budget for the department;
52	52	[(6)] the results of the most recent formal audit of
53	53	the department;
54	54	(6) [(7)] the requirements of [the]:
55	55	(A) laws relating to open meetings, public
56	56	information, [law, Chapter 551, Government Code;
57	57	[(B) open records law, Chapter 552, Government
58	58	Code; and
59	59	[(C)] administrative procedure [law], and
60	60	disclosure of conflicts of interest; and
61	61	(B) other laws applicable to members of the board
62	62	in performing their duties [Chapter 2001, Government Code;
63	63	[(8) the requirements of the conflict of interest laws
64	64	and other laws relating to public officials]; and
65	65	(7) [(9)] any applicable ethics policies adopted by
66	66	the department [board] or the Texas Ethics Commission.
67	67	(c) A person appointed to the board is entitled to
68	68	reimbursement, as provided by the General Appropriations Act, for
69	69	the travel expenses incurred in attending the training program,
70	70	regardless of whether the attendance at the program occurs before
71	71	or after [as provided by the General Appropriations Act and as if]
72	72	the person qualifies for office [were a member of the board].
73	73	(d) The executive director shall create a training manual
74	74	that includes the information required by Subsection (b). The
75	75	executive director shall distribute a copy of the training manual
76	76	annually to each member of the board. On receipt of the training
77	77	manual, each member of the board shall sign and submit to the
78	78	executive director a statement acknowledging receipt of the
79	79	training manual.
80	80	SECTION 1.03. Section 1001.041(a), Transportation Code, is
81	81	amended to read as follows:
82	82	(a) Subject to the General Appropriations Act or other law,
83	83	the executive director shall appoint deputies, assistants, and
84	84	other personnel, including a general counsel, as necessary to carry
85	85	out the powers and duties of the department under this code, other
86	86	applicable vehicle laws of this state, and other laws granting
87	87	jurisdiction or applicable to the department.
88	88	SECTION 1.04. Section 1001.0411, Transportation Code, is
89	89	amended by adding Subsection (c) to read as follows:
90	90	(c) In accordance with Section 1001.041(a), the executive
91	91	director shall hire and oversee a general counsel to advise the
92	92	department.
93	93	SECTION 1.05. Section 1001.042, Transportation Code, is
94	94	amended to read as follows:
95	95	Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board
96	96	shall develop and implement policies that clearly separate [define]
97	97	the policy-making responsibilities of the board and the management
98	98	[respective] responsibilities of the executive director, including
99	99	the appointment of department staff, and the staff of the
100	100	department.
101	101	SECTION 1.06. Chapter 1003, Transportation Code, is amended
102	102	by adding Sections 1003.0055 and 1003.008 to read as follows:
103	103	Sec. 1003.0055. COMPLAINTS. (a) The department shall
104	104	maintain a system to promptly and efficiently act on complaints
105	105	filed with the department. The department shall maintain
106	106	information about parties to and the subject matter of the
107	107	complaint and a summary of the results of the review or
108	108	investigation of the complaint and the disposition of the
109	109	complaint.
110	110	(b) The department shall make information available
111	111	describing its procedures for complaint investigation and
112	112	resolution.
113	113	(c) The department shall periodically notify the parties to
114	114	the complaint of the status of the complaint until final
115	115	disposition.
116	116	Sec. 1003.008. NEGOTIATED RULEMAKING AND ALTERNATIVE
117	117	DISPUTE RESOLUTION POLICY. (a) The board shall develop and
118	118	implement a policy to encourage the use of:
119	119	(1) negotiated rulemaking procedures under Chapter
120	120	2008, Government Code, for the adoption of department rules; and
121	121	(2) appropriate alternative dispute resolution
122	122	procedures under Chapter 2009, Government Code, to assist in the
123	123	resolution of internal and external disputes under the department's
124	124	jurisdiction.
125	125	(b) The department's procedures relating to alternative
126	126	dispute resolution must conform, to the extent possible, to any
127	127	model guidelines issued by the State Office of Administrative
128	128	Hearings for the use of alternative dispute resolution by state
129	129	agencies.
130	130	(c) The department shall:
131	131	(1) coordinate the implementation of the policy
132	132	developed under Subsection (a);
133	133	(2) provide training as needed to implement the
134	134	procedures for negotiated rulemaking or alternative dispute
135	135	resolution; and
136	136	(3) collect data concerning the effectiveness of those
137	137	procedures.
138	138	SECTION 1.07. The following provisions are repealed:
139	139	(1) Section 2110.002(c), Government Code; and
140	140	(2) Section 1001.031(a-1), Transportation Code.
141	141	SECTION 1.08. (a) Except as provided by Subsection (b) of
142	142	this section, Section 1001.030, Transportation Code, as amended by
143	143	this Act, applies to a member of the board of the Texas Department
144	144	of Motor Vehicles who is appointed before, on, or after the
145	145	effective date of this Act.
146	146	(b) A member of the board of the Texas Department of Motor
147	147	Vehicles who, before the effective date of this Act, completed the
148	148	training program required by Section 1001.030, Transportation
149	149	Code, as that law existed before the effective date of this Act, is
150	150	required to complete additional training only on subjects added by
151	151	this Act to the training program as required by Section 1001.030,
152	152	Transportation Code, as amended by this Act. A board member
153	153	described by this subsection may not vote, deliberate, or be
154	154	counted as a member in attendance at a meeting of the board held on
155	155	or after December 1, 2019, until the member completes the
156	156	additional training.
157	157	ARTICLE 2. LICENSING
158	158	SECTION 2.01. Section 2301.203(c), Occupations Code, is
159	159	amended to read as follows:
160	160	(c) Except as otherwise provided by this subsection, the
161	161	[The] board may not file a complaint alleging a violation of this
162	162	chapter or a board rule relating to advertising until the board has
163	163	notified the license holder involved of the alleged violation and
164	164	given the license holder an opportunity to cure the violation
165	165	without further proceedings or liability. If the board has
166	166	previously given a license holder notice and an opportunity to cure
167	167	any violation of this chapter or a board rule relating to
168	168	advertising as provided by this subsection, the board may file a
169	169	complaint alleging a subsequent violation of this chapter or a
170	170	board rule relating to advertising after the board has notified the
171	171	license holder involved of the alleged violation.
172	172	SECTION 2.02. Section 2301.251(a), Occupations Code, is
173	173	amended to read as follows:
174	174	(a) Unless a person holds a license issued under this
175	175	chapter authorizing the activity, the person may not:
176	176	(1) engage in business as, serve in the capacity of, or
177	177	act as a dealer, manufacturer, distributor, converter,
178	178	[representative,] vehicle lessor, or vehicle lease facilitator in
179	179	this state; or
180	180	(2) perform or offer to perform repair services on a
181	181	motor vehicle under a franchise and a motor vehicle manufacturer's
182	182	warranty, regardless of whether the person sells or offers to sell
183	183	motor vehicles at the same location.
184	184	SECTION 2.03. Section 2301.258, Occupations Code, is
185	185	amended to read as follows:
186	186	Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
187	187	MANUFACTURER'S, DISTRIBUTOR'S, OR CONVERTER'S[, OR
188	188	REPRESENTATIVE'S] LICENSE. An application for a manufacturer's,
189	189	distributor's, or converter's[, or representative's] license must
190	190	be on a form prescribed by the department. The application must
191	191	include information the department determines necessary to fully
192	192	determine the qualifications of an applicant, including financial
193	193	resources, business integrity and experience, facilities and
194	194	personnel for serving franchised dealers, and other information the
195	195	department determines pertinent to safeguard the public interest
196	196	and welfare.
197	197	SECTION 2.04. Section 2301.264(a), Occupations Code, is
198	198	amended to read as follows:
199	199	(a) The annual fees for a license issued under this chapter
200	200	are:
201	201	(1) $900 for a manufacturer or distributor, plus $20
202	202	for each dealer franchised by the manufacturer or distributor;
203	203	(2) for a franchised dealer:
204	204	(A) $175, if the dealer sold fewer than 201 new
205	205	motor vehicles during the preceding calendar year;
206	206	(B) $275, if the dealer sold more than 200 but
207	207	fewer than 401 new motor vehicles during the preceding calendar
208	208	year;
209	209	(C) $400, if the dealer sold more than 400 but
210	210	fewer than 801 new motor vehicles during the preceding calendar
211	211	year;
212	212	(D) $500, if the dealer sold more than 800 but
213	213	fewer than 1,201 new motor vehicles during the preceding calendar
214	214	year;
215	215	(E) $625, if the dealer sold more than 1,200 but
216	216	fewer than 1,601 new motor vehicles during the preceding calendar
217	217	year;
218	218	(F) $750, if the dealer sold more than 1,600 new
219	219	motor vehicles during the preceding calendar year; and
220	220	(G) $100 for each location separate from the
221	221	dealership at which the dealer does not offer motor vehicles for
222	222	sale but performs warranty service work on vehicles the dealer is
223	223	franchised and licensed to sell;
224	224	(3) [$100 for a representative;
225	225	[(4)] $375 for a converter;
226	226	(4) [(5)] for a vehicle lessor:
227	227	(A) $175, if the lessor leased 200 or fewer motor
228	228	vehicles during the preceding calendar year;
229	229	(B) $275, if the lessor leased more than 200 but
230	230	fewer than 401 motor vehicles during the preceding calendar year;
231	231	(C) $400, if the lessor leased more than 400 but
232	232	fewer than 801 motor vehicles during the preceding calendar year;
233	233	(D) $500, if the lessor leased more than 800 but
234	234	fewer than 1,201 motor vehicles during the preceding calendar year;
235	235	(E) $625, if the lessor leased more than 1,200
236	236	but fewer than 1,601 motor vehicles during the preceding calendar
237	237	year; and
238	238	(F) $750, if the lessor leased more than 1,600
239	239	motor vehicles during the preceding calendar year; and
240	240	(5) [(6)] $375 for a vehicle lease facilitator.
241	241	SECTION 2.05. Section 2301.304, Occupations Code, is
242	242	amended to read as follows:
243	243	Sec. 2301.304. PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.
244	244	The holder of a manufacturer's, distributor's, or converter's[, or
245	245	representative's] license may apply for a renewal of the license by
246	246	complying with the application process specified by this chapter
247	247	and board rule.
248	248	SECTION 2.06. Section 2301.358(c), Occupations Code, is
249	249	amended to read as follows:
250	250	(c) This section does not prohibit the sale of a towable
251	251	recreational vehicle, motor home, ambulance, fire-fighting
252	252	vehicle, or tow truck at a show or exhibition if[:
253	253	[(1) the show or exhibition is approved by the
254	254	department; and
255	255	[(2)] the sale is not otherwise prohibited by law.
256	256	SECTION 2.07. Section 2301.709, Occupations Code, is
257	257	amended by adding Subsection (d) to read as follows:
258	258	(d) The board shall adopt rules and policies that establish
259	259	standards for reviewing a case under this subchapter. The rules and
260	260	policies must:
261	261	(1) specify the role of division personnel in managing
262	262	contested cases before the board or a person delegated power from
263	263	the board under Section 2301.154, including advising on procedural
264	264	matters;
265	265	(2) specify appropriate conduct and discussion by the
266	266	board or a person delegated power from the board under Section
267	267	2301.154 regarding proposals for decision issued by administrative
268	268	law judges;
269	269	(3) specify clear expectations limiting arguments and
270	270	discussion under Subsection (b) to evidence in the record of the
271	271	contested case hearing held by the administrative law judge;
272	272	(4) address ex parte communications; and
273	273	(5) distinguish between using industry expertise and
274	274	representing or advocating for an industry when reviewing a case
275	275	under this subchapter.
276	276	SECTION 2.08. Subchapter Q, Chapter 2301, Occupations Code,
277	277	is amended by adding Section 2301.807 to read as follows:
278	278	Sec. 2301.807. REFUND. If, after a proceeding under this
279	279	chapter and board rules, the board determines that a person is
280	280	violating or has violated this chapter or a rule adopted or order
281	281	issued under this chapter, the board may order the person to pay a
282	282	refund to the buyer or lessee of the motor vehicle that is the
283	283	subject of the proceeding.
284	284	SECTION 2.09. Section 2302.101, Occupations Code, is
285	285	amended to read as follows:
286	286	Sec. 2302.101. [LICENSE REQUIRED FOR] SALVAGE VEHICLE
287	287	DEALER LICENSE. (a) Unless a person holds a salvage vehicle dealer
288	288	license issued under this chapter, the person may not:
289	289	(1) act as a salvage vehicle dealer or rebuilder; or
290	290	(2) store or display a motor vehicle as an agent or
291	291	escrow agent of an insurance company.
292	292	(b) A person who holds a salvage vehicle dealer license
293	293	issued under this chapter may perform any of the activities of a
294	294	salvage vehicle dealer, including:
295	295	(1) buying or selling salvage motor vehicles and
296	296	nonrepairable motor vehicles that have not been the subject of a
297	297	retail sale;
298	298	(2) buying or selling salvage motor vehicles and
299	299	nonrepairable motor vehicles that have been the subject of a retail
300	300	sale;
301	301	(3) engaging in the business of selling nonrepairable
302	302	motor vehicles or salvage motor vehicles at auction, including
303	303	wholesale auction;
304	304	(4) offering or negotiating to sell or buy salvage
305	305	motor vehicles or nonrepairable motor vehicles owned by a license
306	306	holder and to be purchased or sold by another license holder;
307	307	(5) acting as the agent or representative of a license
308	308	holder in performing an act described by Subdivision (4); and
309	309	(6) acquiring and repairing, rebuilding, or
310	310	reconstructing for operation on a public highway more than five
311	311	salvage motor vehicles in a calendar year.
312	312	SECTION 2.10. Section 2302.103, Occupations Code, is
313	313	amended to read as follows:
314	314	Sec. 2302.103. APPLICATION FOR SALVAGE VEHICLE DEALER
315	315	LICENSE. [(a)] To apply for a salvage vehicle dealer license, a
316	316	person must submit to the department an application on a form
317	317	prescribed by the department and the application fee.
318	318	[(b) An applicant may apply for a salvage vehicle dealer
319	319	license with an endorsement in one or more of the following
320	320	classifications:
321	321	[(1) new automobile dealer;
322	322	[(2) used automobile dealer;
323	323	[(3) salvage pool operator;
324	324	[(4) salvage vehicle broker; or
325	325	[(5) salvage vehicle rebuilder.]
326	326	SECTION 2.11. Section 2302.151, Occupations Code, is
327	327	amended by amending Subsection (a) and adding Subsection (c) to
328	328	read as follows:
329	329	(a) A license issued under this chapter is valid for the
330	330	period prescribed by the board [expires on the first anniversary of
331	331	the date of issuance].
332	332	(c) If the board prescribes the term of a license under this
333	333	chapter for a period other than one year, the board shall prorate
334	334	the applicable fee required under this chapter as necessary to
335	335	reflect the term of the license.
336	336	SECTION 2.12. Section 2302.351(b), Occupations Code, is
337	337	amended to read as follows:
338	338	(b) If a salvage vehicle dealer or[,] an employee of the
339	339	dealer acting in the course of employment[, or a salvage vehicle
340	340	agent operating under the dealer's license] is convicted of more
341	341	than one offense under Section 2302.353(a), the district attorney
342	342	for a county in which the dealer's salvage business is located may
343	343	bring an action in that county to enjoin the dealer's business
344	344	operations for a period of at least one year.
345	345	SECTION 2.13. Subchapter H, Chapter 2302, Occupations Code,
346	346	is amended by adding Section 2302.355 to read as follows:
347	347	Sec. 2302.355. CEASE AND DESIST ORDER. If it appears to the
348	348	board that a person who is not licensed under this chapter is
349	349	violating this chapter or a rule or order adopted under this
350	350	chapter, the board, after notice and opportunity for a hearing, may
351	351	issue a cease and desist order prohibiting the person from engaging
352	352	in the activity.
353	353	SECTION 2.14. Subchapter F, Chapter 643, Transportation
354	354	Code, is amended by adding Section 643.257 to read as follows:
355	355	Sec. 643.257. REFUND BY MOTOR CARRIERS TRANSPORTING
356	356	HOUSEHOLD GOODS. The department may order a motor carrier that
357	357	violates this chapter or a rule or order adopted under this chapter
358	358	to pay a refund to a consumer who paid the motor carrier to
359	359	transport household goods.
360	360	SECTION 2.15. Sections 2301.264(c), 2301.358(a),
361	361	2302.001(6), 2302.102, and 2302.107, Occupations Code, are
362	362	repealed.
363	363	SECTION 2.16. (a) The changes in law made by this Act to
364	364	Chapters 2301 and 2302, Occupations Code, do not affect the
365	365	validity of a proceeding pending before a court or other
366	366	governmental entity on the effective date of this Act.
367	367	(b) An offense or other violation of law committed before
368	368	the effective date of this Act is governed by the law in effect when
369	369	the offense or violation was committed, and the former law is
370	370	continued in effect for that purpose. For purposes of this
371	371	subsection, an offense or violation was committed before the
372	372	effective date of this Act if any element of the offense or
373	373	violation occurred before that date.
374	374	(c) On the effective date of this Act, a representative's
375	375	license issued under Chapter 2301, Occupations Code, as that law
376	376	existed immediately before the effective date of this Act, expires.
377	377	(d) On the effective date of this Act, a salvage vehicle
378	378	agent license issued under former Section 2302.107, Occupations
379	379	Code, expires.
380	380	(e) Section 2302.151(a), Occupations Code, as amended by
381	381	this Act, applies only to a license issued or renewed on or after
382	382	September 1, 2019. A license issued or renewed before that date is
383	383	governed by the law in effect immediately before the effective date
384	384	of this Act, and the former law is continued in effect for that
385	385	purpose.
386	386	ARTICLE 3. REGISTRATION AND TITLING
387	387	SECTION 3.01. Section 520.004, Transportation Code, is
388	388	amended to read as follows:
389	389	Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department
390	390	has jurisdiction over the registration and titling of, and the
391	391	issuance of license plates to, motor vehicles in compliance with
392	392	the applicable statutes. The department by rule:
393	393	(1) shall provide services that are reasonable,
394	394	adequate, and efficient;
395	395	(2) shall establish standards for uniformity and
396	396	service quality for counties and dealers licensed under Section
397	397	520.005; [and]
398	398	(3) may conduct public service education campaigns
399	399	related to the department's functions; and
400	400	(4) shall establish a risk-based system of monitoring
401	401	and preventing fraudulent activity related to vehicle registration
402	402	and titling in order to efficiently allocate resources and
403	403	personnel.
404	404	SECTION 3.02. Section 520.005, Transportation Code, is
405	405	amended by adding Subsection (e) to read as follows:
406	406	(e) Each county assessor-collector shall make available to
407	407	motor vehicle dealers the electronic system designed by the
408	408	department that allows a motor vehicle dealer to submit a title and
409	409	registration application online in the name of the purchaser of a
410	410	motor vehicle.
411	411	SECTION 3.03. Subchapter A, Chapter 520, Transportation
412	412	Code, is amended by adding Sections 520.0075, 520.010, and 520.011
413	413	to read as follows:
414	414	Sec. 520.0075. CONTRACTING STANDARDS FOR TAX
415	415	ASSESSOR-COLLECTOR. (a) In this section, "deputy" means a person
416	416	deputized to perform registration and titling duties under Section
417	417	520.0071.
418	418	(b) Notwithstanding Section 262.023, Local Government Code,
419	419	a county tax assessor-collector who awards a contract to a deputy
420	420	for the performance of registration and titling services must
421	421	comply with standard state contracting practices as if the county
422	422	tax assessor-collector were a state agency, including requirements
423	423	related to:
424	424	(1) purchase methods and competitive bidding under
425	425	Sections 2155.062 and 2155.063, Government Code;
426	426	(2) determining the best value for the county under
427	427	Sections 2155.074, 2155.075, and 2155.0755, Government Code;
428	428	(3) contracting standards and oversight under Chapter
429	429	2261, Government Code; and
430	430	(4) contract management under Chapter 2262,
431	431	Government Code.
432	432	(c) A contract described by Subsection (b) must:
433	433	(1) specify an expiration date and renewal or
434	434	extension terms for the contract; and
435	435	(2) include performance criteria and measures
436	436	necessary to evaluate the performance of the deputy under the
437	437	contract.
438	438	(d) A county tax assessor-collector shall monitor and
439	439	evaluate the performance of a deputy awarded a contract described
440	440	by this section and use that information in determining whether to
441	441	renew or extend the contract or award a new contract.
442	442	Sec. 520.010. AUDIT AND INVESTIGATION RELATED TO
443	443	REGISTRATION AND TITLING SERVICES. (a) The department may:
444	444	(1) audit or perform a compliance review of a person
445	445	performing registration or titling services;
446	446	(2) investigate any provision of state functions
447	447	related to registration or titling; and
448	448	(3) access any records needed to conduct the audit,
449	449	compliance review, or investigation.
450	450	(b) A county tax assessor-collector may:
451	451	(1) audit, perform a compliance review of, or
452	452	investigate a person providing registration or titling services in
453	453	the county in which the assessor-collector is located; and
454	454	(2) access any records needed to conduct the audit,
455	455	compliance review, or investigation.
456	456	(c) The department's authority under Subsection (a) is not
457	457	limited by a similar audit, compliance review, or investigation
458	458	conducted by a county tax assessor-collector under Subsection (b).
459	459	Sec. 520.011. AUDIT OF COUNTY TAX ASSESSOR-COLLECTOR. The
460	460	comptroller, in coordination with the department, may include, as
461	461	part of the comptroller's regular audits of state revenue
462	462	collection by county tax assessor-collector offices, the review of
463	463	processes relating to a county's collection and remittance of
464	464	revenue included in an audit.
465	465	SECTION 3.04. Chapter 520, Transportation Code, is amended
466	466	by adding Subchapter C to read as follows:
467	467	SUBCHAPTER C. AUTOMATED REGISTRATION AND TITLING SYSTEM
468	468	Sec. 520.021. RULES AND POLICIES. The department may adopt
469	469	rules and policies for the maintenance and use of the department's
470	470	automated registration and titling system.
471	471	Sec. 520.022. ACCESS TO SYSTEM. The department has the sole
472	472	authority to determine access to the department's automated
473	473	registration and titling system.
474	474	Sec. 520.023. TRAINING. (a) The department shall
475	475	implement a training program providing information on the:
476	476	(1) department's automated registration and titling
477	477	system; and
478	478	(2) identification of fraudulent activity related to
479	479	vehicle registration and titling.
480	480	(b) The department shall require a person performing
481	481	registration or titling services to complete the training under
482	482	Subsection (a).
483	483	SECTION 3.05. Each county tax assessor-collector who has,
484	484	before the effective date of this Act, entered into a contract
485	485	described by Section 520.0075, Transportation Code, as added by
486	486	this Act, shall rebid the contract using the contracting standards
487	487	provided under that section not later than December 1, 2019.
488	488	SECTION 3.06. Not later than December 1, 2019, the Texas
489	489	Department of Motor Vehicles shall adopt rules to implement the
490	490	training program required by Section 520.023, Transportation Code,
491	491	as added by this Act.
492	492	SECTION 3.07. Not later than March 1, 2020, the Texas
493	493	Department of Motor Vehicles shall, in coordination with county tax
494	494	assessor-collectors and in accordance with Subchapter C, Chapter
495	495	520, Transportation Code, as added by this Act, develop, adopt, and
496	496	implement rules that create clear criteria for the suspension or
497	497	denial of access to the department's automated registration and
498	498	titling system if a county tax assessor-collector suspects abuse,
499	499	fraud, or waste relating to the system by an employee of the
500	500	assessor-collector's or a deputy as defined by Section 520.0075(a),
501	501	Transportation Code, as added by this Act.
502	502	SECTION 3.08. Not later than September 1, 2020, each county
503	503	tax assessor-collector shall make available the electronic system
504	504	to motor vehicle dealers as required by Section 520.005(e),
505	505	Transportation Code, as added by this Act.
506	506	ARTICLE 4. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
507	507	SECTION 4.01. Subtitle M, Title 7, Transportation Code, is
508	508	amended by adding Chapter 1006, and a heading is added to that
509	509	chapter to read as follows:
510	510	CHAPTER 1006. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
511	511	SECTION 4.02. Chapter 1006, Transportation Code, as added
512	512	by this Act, is amended by adding Subchapter A, and a heading is
513	513	added to that subchapter to read as follows:
514	514	SUBCHAPTER A. GENERAL PROVISIONS
515	515	SECTION 4.03. Section 1, Article 4413(37), Revised
516	516	Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
517	517	3225), Acts of the 80th Legislature, Regular Session, 2007, is
518	518	transferred to Subchapter A, Chapter 1006, Transportation Code, as
519	519	added by this Act, redesignated as Section 1006.001, Transportation
520	520	Code, reenacted, and amended to read as follows:
521	521	Sec. 1006.001 [1]. DEFINITIONS. In this chapter [article]:
522	522	(1) "Authority" means the Motor Vehicle Crime
523	523	[Automobile Burglary and Theft] Prevention Authority.
524	524	(2) "Economic motor vehicle theft" means motor vehicle
525	525	burglary or theft committed for financial gain.
526	526	(3) "Insurer" means any insurance company writing any
527	527	form of motor vehicle insurance in this state, including an
528	528	interinsurance or reciprocal exchange, mutual company, mutual
529	529	association, or Lloyd's plan ["Department" means the Texas
530	530	Department of Motor Vehicles].
531	531	(4) ["Director" means the executive director of the
532	532	Texas Department of Transportation.
533	533	[(5)] "Motor vehicle" means a self-propelled vehicle
534	534	or a vehicle, trailer, or semitrailer designed for use with a
535	535	self-propelled vehicle. The term does not include a vehicle that
536	536	runs exclusively on fixed rails or tracks or a piece of equipment
537	537	operated solely on private property.
538	538	(5) "Motor vehicle burglary or theft" includes
539	539	economic motor vehicle theft.
540	540	SECTION 4.04. Section 2, Article 4413(37), Revised
541	541	Statutes, is transferred to Subchapter A, Chapter 1006,
542	542	Transportation Code, as added by this Act, redesignated as Section
543	543	1006.002, Transportation Code, and amended to read as follows:
544	544	Sec. 1006.002 [2]. ESTABLISHMENT. The Motor Vehicle Crime
545	545	[Automobile Burglary and Theft] Prevention Authority is
546	546	established in the department [Texas Department of Motor Vehicles].
547	547	The authority is not an advisory body to the department [Texas
548	548	Department of Motor Vehicles].
549	549	SECTION 4.05. Chapter 1006, Transportation Code, as added
550	550	by this Act, is amended by adding Subchapter B, and a heading is
551	551	added to that subchapter to read as follows:
552	552	SUBCHAPTER B. COMPOSITION AND ADMINISTRATION
553	553	SECTION 4.06. Sections 3(a), (b), (c), (d), (i), (j), and
554	554	(k), Article 4413(37), Revised Statutes, are transferred to
555	555	Subchapter B, Chapter 1006, Transportation Code, as added by this
556	556	Act, redesignated as Sections 1006.051 and 1006.052,
557	557	Transportation Code, and amended to read as follows:
558	558	Sec. 1006.051. AUTHORITY MEMBERSHIP. (a) The authority is
559	559	composed of seven members.
560	560	(b) The governor, with the advice and consent of the senate,
561	561	shall appoint the following six members:
562	562	(1) two representatives of motor vehicle insurance
563	563	consumers;
564	564	(2) two representatives of insurance companies
565	565	writing motor vehicle insurance in this state; and
566	566	(3) two representatives of law enforcement.
567	567	(c) The public safety director of the Department of Public
568	568	Safety or the director's designee serves ex officio as the seventh
569	569	member of the authority.
570	570	(d) Appointments to the authority shall be made without
571	571	regard to race, color, disability, sex, religion, age, or national
572	572	origin of the appointees.
573	573	Sec. 1006.052. ELIGIBILITY RESTRICTIONS. (a) [(i)] A
574	574	person is not eligible for appointment as a representative of motor
575	575	vehicle insurance consumers under Section 1006.051(b)(1)
576	576	[Subsection (b)(1) of this section] if the person or the person's
577	577	spouse:
578	578	(1) is registered, certified, or licensed by an
579	579	occupational regulatory agency in the field of motor vehicle
580	580	insurance or law enforcement;
581	581	(2) is an officer, employee, or paid consultant of a
582	582	Texas trade association in the field of motor vehicle insurance or
583	583	law enforcement;
584	584	(3) is employed by or participates in the management
585	585	of a business entity or other organization receiving funds from the
586	586	authority;
587	587	(4) owns or controls, directly or indirectly, more
588	588	than a 10 percent [10-percent] interest in a business entity or
589	589	other organization receiving funds from the authority; or
590	590	(5) uses or receives a substantial amount of tangible
591	591	goods, services, or funds from the authority, other than
592	592	reimbursement authorized by law for service on the board of the
593	593	authority.
594	594	(b) [(j)] For purposes of Subsection (a)(2) [(i)(2) of this
595	595	section], "[a] Texas trade association" means [is] a nonprofit,
596	596	cooperative, and voluntarily joined association of business or
597	597	professional competitors in this state designed to assist the
598	598	association's [its] members and the members' [its] industry or
599	599	profession in dealing with mutual business or professional problems
600	600	and in promoting the members' [their] common interest.
601	601	(c) [(k)] A person may not serve as a member of the
602	602	authority [or act as the general counsel to the authority] if the
603	603	person is required to register as a lobbyist under Chapter 305,
604	604	Government Code, because of the person's activities for
605	605	compensation on behalf of a profession related to [law enforcement
606	606	or] motor vehicle insurance or law enforcement.
607	607	SECTION 4.07. Section 3(e), Article 4413(37), Revised
608	608	Statutes, is transferred to Subchapter B, Chapter 1006,
609	609	Transportation Code, as added by this Act, redesignated as Section
610	610	1006.053, Transportation Code, and amended to read as follows:
611	611	Sec. 1006.053. TERM OF OFFICE; VACANCY. (a) [(e)] The six
612	612	members of the authority appointed by the governor serve staggered
613	613	six-year terms, with the terms of two members expiring February 1 of
614	614	each odd-numbered year.
615	615	(b) If there is a vacancy during a term, the governor shall
616	616	appoint a replacement who meets the requirements of the vacant
617	617	office to fill the unexpired term.
618	618	SECTION 4.08. Section 5(a), Article 4413(37), Revised
619	619	Statutes, is transferred to Subchapter B, Chapter 1006,
620	620	Transportation Code, as added by this Act, redesignated as Section
621	621	1006.054, Transportation Code, and amended to read as follows:
622	622	Sec. 1006.054. PRESIDING OFFICER. [(a)] The governor
623	623	shall designate a member of the authority as the presiding officer
624	624	of the authority to serve in that capacity at the pleasure of the
625	625	governor.
626	626	SECTION 4.09. Sections 3(f), (g), (h), and (l), Article
627	627	4413(37), Revised Statutes, are transferred to Subchapter B,
628	628	Chapter 1006, Transportation Code, as added by this Act,
629	629	redesignated as Sections 1006.055 and 1006.056, Transportation
630	630	Code, and amended to read as follows:
631	631	Sec. 1006.055. GROUNDS FOR REMOVAL. (a) [(f)] It is a
632	632	ground for removal from the authority if a member:
633	633	(1) does not have at the time of appointment the
634	634	qualifications required by Section 1006.051(b) [Subsection (b)] or
635	635	is disqualified under Section 1006.052 [Subsection (i) or (k) of
636	636	this section];
637	637	(2) does not maintain during service on the authority
638	638	the qualifications required by Section 1006.051(b) [Subsection
639	639	(b)] or becomes disqualified under Section 1006.052 [Subsection (i)
640	640	or (k) of this section];
641	641	(3) cannot, because of illness or disability,
642	642	discharge the member's duties for a substantial part of the member's
643	643	term [for which the member is appointed]; or
644	644	(4) is absent from more than half of the regularly
645	645	scheduled authority meetings that the member is eligible to attend
646	646	during a calendar year.
647	647	(b) [(g)] The validity of an action of the authority is not
648	648	affected by the fact that it is taken when a ground for removal of a
649	649	member of the authority exists.
650	650	(c) [(h)] If the executive director has knowledge that a
651	651	potential ground for removal exists, the executive director shall
652	652	notify the presiding officer of the authority of the potential
653	653	ground. The presiding officer shall then notify the governor and
654	654	the attorney general that a potential ground for removal exists. If
655	655	the potential ground for removal involves the presiding officer,
656	656	the executive director shall notify the next highest officer of the
657	657	authority, who shall notify the governor and the attorney general
658	658	that a potential ground for removal exists.
659	659	Sec. 1006.056. INFORMATION ON QUALIFICATIONS AND CONDUCT.
660	660	[(l)] The executive director or the executive director's designee
661	661	shall provide to members of the authority, as often as necessary,
662	662	information regarding the members' [their] qualifications for
663	663	office under this chapter [article] and their responsibilities
664	664	under applicable laws relating to standards of conduct for state
665	665	officers.
666	666	SECTION 4.10. Sections 5(c), (d), and (e), Article
667	667	4413(37), Revised Statutes, are transferred to Subchapter B,
668	668	Chapter 1006, Transportation Code, as added by this Act,
669	669	redesignated as Section 1006.057, Transportation Code, and amended
670	670	to read as follows:
671	671	Sec. 1006.057. MEMBER TRAINING. (a) A [(c) To be eligible
672	672	to take office as a member of the authority, a] person who is
673	673	appointed to and qualifies for office as a member of the authority
674	674	may not vote, deliberate, or be counted as a member in attendance at
675	675	a meeting of the authority until the person completes [must
676	676	complete at least one course of] a training program that complies
677	677	with this section [Subsection (d)].
678	678	(b) [(d)] The training program [required by Subsection (c)]
679	679	must provide the person with information [to the person] regarding:
680	680	(1) the law governing authority operations [enabling
681	681	legislation that created the authority and its policymaking body to
682	682	which the member is appointed to serve];
683	683	(2) the programs, functions, rules, and budget of
684	684	[operated by] the authority;
685	685	(3) the scope of and limitations on the rulemaking
686	686	authority [role and functions] of the authority;
687	687	(4) [the rules of the authority and the department;
688	688	[(5) the current budget for the authority;
689	689	[(6)] the results of the most recent formal audit of
690	690	the authority;
691	691	(5) [(7)] the requirements of [the]:
692	692	(A) laws relating to open meetings, public
693	693	information, [law, Chapter 551, Government Code;
694	694	[(B) open records law, Chapter 552, Government
695	695	Code; and
696	696	[(C)] administrative procedure [law], and
697	697	disclosure of conflicts of interest; and
698	698	(B) other laws applicable to members of the
699	699	authority in performing their duties [Chapter 2001, Government
700	700	Code;
701	701	[(8) the requirements of the conflict-of-interest
702	702	laws and other laws relating to public officials]; and
703	703	(6) [(9)] any applicable ethics policies adopted by
704	704	the department or the Texas Ethics Commission.
705	705	(c) [(e)] A person appointed to the authority is entitled to
706	706	reimbursement, as provided by the General Appropriations Act, for
707	707	the travel expenses incurred in attending the training program,
708	708	regardless of whether the attendance at the program occurs before
709	709	or after [required by Subsection (c) as provided by the General
710	710	Appropriations Act and as if] the person qualifies for office [were
711	711	a member of the authority].
712	712	(d) The executive director shall create a training manual
713	713	that includes the information required by Subsection (b). The
714	714	executive director shall distribute a copy of the training manual
715	715	annually to each member of the authority. On receipt of the
716	716	training manual, each member of the authority shall sign and submit
717	717	to the executive director a statement acknowledging receipt of the
718	718	training manual.
719	719	SECTION 4.11. Section 4, Article 4413(37), Revised
720	720	Statutes, is transferred to Subchapter B, Chapter 1006,
721	721	Transportation Code, as added by this Act, redesignated as Section
722	722	1006.058, Transportation Code, and amended to read as follows:
723	723	Sec. 1006.058 [4]. REIMBURSEMENT FOR EXPENSES. A member of
724	724	the authority is not entitled to compensation for service on the
725	725	authority but is entitled to reimbursement for expenses incurred in
726	726	performing the member's duties at the rate provided by [in] the
727	727	General Appropriations Act.
728	728	SECTION 4.12. Sections 6(e), (f), and (g), Article
729	729	4413(37), Revised Statutes, are transferred to Subchapter B,
730	730	Chapter 1006, Transportation Code, as added by this Act,
731	731	redesignated as Sections 1006.059 and 1006.060, Transportation
732	732	Code, and amended to read as follows:
733	733	Sec. 1006.059. PERSONNEL AND SERVICES. (a) [(e)] The
734	734	authority may be provided various services only by or through the
735	735	department as needed to carry out the authority's [its] purposes,
736	736	powers, and duties. These services may include[, but are not
737	737	limited to,] legal services not provided by the attorney general,
738	738	fiscal services, administrative services, and personnel services.
739	739	[Except as provided by this section, the authority may enter into
740	740	contracts in its own name and on its own behalf with recipients of
741	741	grants for purposes of this article.]
742	742	(b) [(f)] The department shall provide personnel and
743	743	services to the authority as agreed by the authority and the
744	744	department.
745	745	Sec. 1006.060. DIVISION OF RESPONSIBILITIES. [(g)] The
746	746	authority shall, in coordination with the department, develop and
747	747	implement policies that clearly separate the policymaking
748	748	responsibilities of the authority and the management
749	749	responsibilities of the department.
750	750	SECTION 4.13. Section 5(b), Article 4413(37), Revised
751	751	Statutes, is transferred to Subchapter B, Chapter 1006,
752	752	Transportation Code, as added by this Act, redesignated as Section
753	753	1006.061, Transportation Code, and amended to read as follows:
754	754	Sec. 1006.061. MEETINGS. [(b)] The authority shall meet at
755	755	the call of the presiding officer [chairman] or at the call of four
756	756	members.
757	757	SECTION 4.14. Section 6(h), Article 4413(37), Revised
758	758	Statutes, is transferred to Subchapter B, Chapter 1006,
759	759	Transportation Code, as added by this Act, redesignated as Section
760	760	1006.062, Transportation Code, and amended to read as follows:
761	761	Sec. 1006.062. PUBLIC TESTIMONY. [(h)] The authority
762	762	shall develop and implement policies that provide the public with a
763	763	reasonable opportunity to appear before the authority and to speak
764	764	on any issue under the [its] jurisdiction of the authority.
765	765	SECTION 4.15. Subchapter B, Chapter 1006, Transportation
766	766	Code, as added by this Act, is amended by adding Section 1006.063 to
767	767	read as follows:
768	768	Sec. 1006.063. LOBBYIST PROHIBITION: GENERAL COUNSEL. A
769	769	person may not act as the general counsel to the authority if the
770	770	person is required to register as a lobbyist under Chapter 305,
771	771	Government Code, because of the person's activities for
772	772	compensation on behalf of a profession related to motor vehicle
773	773	insurance or law enforcement.
774	774	SECTION 4.16. Chapter 1006, Transportation Code, as added
775	775	by this Act, is amended by adding Subchapter C, and a heading is
776	776	added to that subchapter to read as follows:
777	777	SUBCHAPTER C. POWERS AND DUTIES
778	778	SECTION 4.17. Sections 6(a), (b), (c), and (d), Article
779	779	4413(37), Revised Statutes, are transferred to Subchapter C,
780	780	Chapter 1006, Transportation Code, as added by this Act,
781	781	redesignated as Section 1006.101, Transportation Code, and amended
782	782	to read as follows:
783	783	Sec. 1006.101. GENERAL POWERS AND DUTIES. (a) The
784	784	authority shall adopt rules to implement the authority's [its]
785	785	powers and duties.
786	786	(b) The authority may solicit and accept gifts and grants.
787	787	(c) The authority may only use [only] staff of the
788	788	department and may delegate authority to the staff as needed.
789	789	(d) Not later than April 1 of each year, the authority shall
790	790	report on the authority's [its] activities to the lieutenant
791	791	governor and the speaker of the house of representatives.
792	792	SECTION 4.18. Section 7, Article 4413(37), Revised
793	793	Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
794	794	3225), Acts of the 80th Legislature, Regular Session, 2007, is
795	795	transferred to Subchapter C, Chapter 1006, Transportation Code, as
796	796	added by this Act, redesignated as Section 1006.102, Transportation
797	797	Code, reenacted, and amended to read as follows:
798	798	Sec. 1006.102 [7]. PLAN OF OPERATION. (a) The authority
799	799	shall develop and implement a plan of operation. The plan of
800	800	operation must be updated biennially and filed with the legislature
801	801	not later than [on or before] December 1 of each even-numbered year.
802	802	(b) The plan of operation must include:
803	803	(1) an assessment of the scope of the problems of motor
804	804	vehicle burglary or theft and fraud-related motor vehicle crime
805	805	[economic motor vehicle theft], including particular areas of the
806	806	state where the problems are greatest;
807	807	(2) an analysis of various methods of combating the
808	808	problems of motor vehicle burglary or theft and fraud-related motor
809	809	vehicle crime [economic motor vehicle theft];
810	810	(3) a plan for providing financial support to combat
811	811	motor vehicle burglary or theft and fraud-related motor vehicle
812	812	crime [economic motor vehicle theft]; and
813	813	(4) an estimate of the funds required to implement the
814	814	plan of operation.
815	815	SECTION 4.19. Section 12, Article 4413(37), Revised
816	816	Statutes, is transferred to Subchapter C, Chapter 1006,
817	817	Transportation Code, as added by this Act, redesignated as Section
818	818	1006.103, Transportation Code, and amended to read as follows:
819	819	Sec. 1006.103 [12]. ADVISORY COMMITTEES. (a) The
820	820	authority may establish advisory committees to advise the authority
821	821	[it] on any matter under the jurisdiction of the authority.
822	822	(b) Section 2110.008, Government Code, does not apply to an
823	823	advisory committee established under this section if the advisory
824	824	committee is:
825	825	(1) established for a specific and immediate need; and
826	826	(2) dissolved before the first anniversary of the date
827	827	the committee is created.
828	828	(c) A member of an advisory committee may not be compensated
829	829	by the authority for committee service but is entitled to
830	830	reimbursement for actual and necessary expenses incurred in the
831	831	performance of committee service.
832	832	SECTION 4.20. Chapter 1006, Transportation Code, as added
833	833	by this Act, is amended by adding Subchapter D, and a heading is
834	834	added to that subchapter to read as follows:
835	835	SUBCHAPTER D. FINANCIAL PROVISIONS
836	836	SECTION 4.21. Sections 6(j) and (k), Article 4413(37),
837	837	Revised Statutes, are transferred to Subchapter D, Chapter 1006,
838	838	Transportation Code, as added by this Act, redesignated as Section
839	839	1006.151, Transportation Code, and amended to read as follows:
840	840	Sec. 1006.151. GRANTS. (a) Subject to the requirements of
841	841	this section, the authority may enter into contracts in the
842	842	authority's own name and on the authority's own behalf with
843	843	recipients of grants for purposes of this chapter.
844	844	(b) [(j)] The authority shall:
845	845	(1) develop and periodically update [use] standard
846	846	performance measures for each category of grants provided by the
847	847	authority for use in [order to] assessing [assess] grantee success
848	848	in achieving the purposes of this chapter [article]; and
849	849	(2) ensure that grants are used to help increase:
850	850	(A) the recovery rate of stolen motor vehicles;
851	851	(B) the clearance rate of:
852	852	(i) motor vehicle burglaries and thefts;
853	853	and
854	854	(ii) fraud-related motor vehicle crimes;
855	855	and
856	856	(C) the number of persons arrested for motor
857	857	vehicle burglary and theft and fraud-related motor vehicle crime.
858	858	(c) [(k)] The authority shall allocate grant funds
859	859	primarily based on the number of motor vehicles stolen in, or the
860	860	motor vehicle burglary or theft rate across, and the number of
861	861	fraud-related motor vehicle crimes committed in the state rather
862	862	than based on geographic distribution.
863	863	(d) The authority shall, in consultation with the
864	864	department, annually update the performance measures developed
865	865	under Subsection (b).
866	866	SECTION 4.22. Sections 6A and 10, Article 4413(37), Revised
867	867	Statutes, are transferred to Subchapter D, Chapter 1006,
868	868	Transportation Code, as added by this Act, redesignated as Sections
869	869	1006.152 and 1006.153, Transportation Code, and amended to read as
870	870	follows:
871	871	Sec. 1006.152 [6A]. REFUNDS [POWER TO REFUND]. (a) The
872	872	authority may make determinations regarding the sufficiency of
873	873	payments made by an ["]insurer[" (as defined under Section 10 of
874	874	this article)] of fees collected under [pursuant to] Section
875	875	1006.153 [10 of this article].
876	876	(b) Pursuant to a [such] determination made under
877	877	Subsection (a), the authority may:
878	878	(1) notify the comptroller that payments made by an
879	879	insurer are sufficient; and
880	880	(2) request the comptroller to draw warrants on the
881	881	funds available to the authority for the purpose of refunding money
882	882	[monies] to an insurer.
883	883	(c) The authority shall make the determination under
884	884	[Subsection (b) of] this section as follows:
885	885	(1) the two members of the authority who are
886	886	representatives of insurance companies writing motor vehicle
887	887	insurance in this state shall recuse themselves; and
888	888	(2) the remaining five members of the authority shall
889	889	make the determination by a simple majority vote.
890	890	(d) Determinations made under this section shall be
891	891	performed in accordance with procedures set forth in rules adopted
892	892	by the authority. The question of eligibility for a refund is not a
893	893	contested case under [within the meaning of the Administrative
894	894	Procedure Act (]Chapter 2001, Government Code[)].
895	895	(e) A [Except as provided by Subsection (f), a] request for
896	896	a refund made under this section must be made not later than four
897	897	years after the date the payment was made to the authority under
898	898	Section 1006.153 [10 of this article].
899	899	Sec. 1006.153 [10]. FEE IMPOSED ON INSURER. (a) In this
900	900	section,[:
901	901	[(1) "Insurer" means any insurance company writing any
902	902	form of motor vehicle insurance in this state, including an
903	903	interinsurance or reciprocal exchange, mutual company, mutual
904	904	association, or Lloyd's plan.
905	905	[(2)] "motor [Motor] vehicle years of insurance" means
906	906	the total number of years or portions of years during which a motor
907	907	vehicle is covered by insurance.
908	908	(b) An insurer shall pay to the authority a fee equal to $2
909	909	multiplied by the total number of motor vehicle years of insurance
910	910	for insurance policies delivered, issued for delivery, or renewed
911	911	by the insurer. The fee shall be paid not later than:
912	912	(1) March 1 of each year for a policy delivered,
913	913	issued, [delivered,] or renewed from July 1 through December 31 of
914	914	the previous calendar year; and
915	915	(2) August 1 of each year for a policy delivered,
916	916	issued, [delivered,] or renewed from January 1 through June 30 of
917	917	that year.
918	918	(c) The fee imposed by this section is in addition to any
919	919	other fee or tax imposed by law on an insurer.
920	920	(d) The authority shall notify the Texas Department [State
921	921	Board] of Insurance of any insurer that fails to pay the fee
922	922	required by this section, and the Texas Department of Insurance
923	923	[board] may for that reason revoke the insurer's certificate of
924	924	authority.
925	925	(e) Fifty percent of each fee collected under Subsection (b)
926	926	may be appropriated only to the authority for the purposes of this
927	927	chapter [article].
928	928	SECTION 4.23. Section 8, Article 4413(37), Revised
929	929	Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
930	930	3225), Acts of the 80th Legislature, Regular Session, 2007, is
931	931	transferred to Subchapter D, Chapter 1006, Transportation Code, as
932	932	added by this Act, redesignated as Section 1006.154, Transportation
933	933	Code, reenacted, and amended to read as follows:
934	934	Sec. 1006.154 [8]. USE OF APPROPRIATED FUNDS. (a) Money
935	935	appropriated to the department for authority purposes shall be used
936	936	by the authority to pay the department for administrative costs and
937	937	to achieve the purposes of this chapter [article], including:
938	938	(1) [establishing and funding the motor vehicle
939	939	registration program required by Section 9 of this article;
940	940	[(2)] providing financial support to law enforcement
941	941	agencies for economic motor vehicle theft and fraud-related motor
942	942	vehicle crime enforcement teams;
943	943	(2) [(3)] providing financial support to law
944	944	enforcement agencies, local prosecutors, judicial agencies, and
945	945	neighborhood, community, business, and nonprofit organizations for
946	946	programs designed to reduce the incidence of economic motor vehicle
947	947	theft and fraud-related motor vehicle crime;
948	948	(3) [(4)] conducting educational programs designed to
949	949	inform motor vehicle owners of methods of preventing motor vehicle
950	950	burglary or theft and fraud-related motor vehicle crime;
951	951	(4) [(5)] providing equipment, for experimental
952	952	purposes, to assist motor vehicle owners in preventing motor
953	953	vehicle burglary or theft; and
954	954	(5) [(6)] establishing a uniform program to prevent
955	955	stolen motor vehicles from entering Mexico.
956	956	(b) In any fiscal year, the amount of the administrative
957	957	expenses of the authority, including salaries, travel and marketing
958	958	expenses, and other overhead expenses may not exceed eight percent
959	959	of the total expenditures of the authority.
960	960	(c) The cost of personnel and services provided to the
961	961	authority by the department and by the attorney general may be paid
962	962	only from appropriations made for authority purposes.
963	963	Appropriations made for authority purposes may not be used for any
964	964	other purpose.
965	965	SECTION 4.24. Section 6(i), Article 4413(37), Revised
966	966	Statutes, is transferred to Subchapter D, Chapter 1006,
967	967	Transportation Code, as added by this Act, redesignated as Section
968	968	1006.155, Transportation Code, and amended to read as follows:
969	969	Sec. 1006.155. ANNUAL FINANCIAL REPORT. [(i)] The
970	970	authority shall prepare annually a complete and detailed written
971	971	report accounting for all funds received and disbursed by the
972	972	authority during the preceding fiscal year. The annual report must
973	973	meet the reporting requirements applicable to financial reporting
974	974	provided by [in] the General Appropriations Act.
975	975	SECTION 4.25. Section 981.073(b), Insurance Code, is
976	976	amended to read as follows:
977	977	(b) A domestic surplus lines insurer is not subject to:
978	978	(1) Section 38.003;
979	979	(2) Chapter 462;
980	980	(3) Chapter 463;
981	981	(4) Chapter 501;
982	982	(5) Section 981.051;
983	983	(6) Section 981.101(b);
984	984	(7) Chapter 2007;
985	985	(8) Chapter 2301;
986	986	(9) Chapter 2251; and
987	987	(10) Chapter 1006, Transportation Code [Article
988	988	4413(37), Revised Statutes].
989	989	SECTION 4.26. Section 201.805(a), Transportation Code, is
990	990	amended to read as follows:
991	991	(a) The department shall annually publish in appropriate
992	992	media and on the department's Internet website in a format that
993	993	allows the information to be read into a commercially available
994	994	electronic database a statistical comparison of department
995	995	districts and the following information, calculated on a per capita
996	996	basis considering the most recent census data and listed for each
997	997	county and for the state for each fiscal year:
998	998	(1) the number of square miles;
999	999	(2) the number of vehicles registered;
1000	1000	(3) the population;
1001	1001	(4) daily vehicle miles;
1002	1002	(5) the number of centerline miles and lane miles;
1003	1003	(6) construction, maintenance, and contracted routine
1004	1004	and preventive maintenance expenditures;
1005	1005	(7) combined construction, maintenance, and
1006	1006	contracted routine and preventive maintenance expenditures;
1007	1007	(8) the number of district and division office
1008	1008	construction and maintenance employees;
1009	1009	(9) information regarding grant programs, including:
1010	1010	(A) Motor Vehicle Crime [Automobile Theft]
1011	1011	Prevention Authority grants;
1012	1012	(B) Routine Airport Maintenance Program grants;
1013	1013	(C) Public Transportation Grant Program grants;
1014	1014	(D) Medical Transportation Program grants; and
1015	1015	(E) aviation grants or aviation capital
1016	1016	improvement grants;
1017	1017	(10) approved State Infrastructure Bank loans;
1018	1018	(11) Texas Traffic Safety Program grants and
1019	1019	expenditures;
1020	1020	(12) the dollar amount of any pass-through toll
1021	1021	agreements;
1022	1022	(13) the percentage of highway construction projects
1023	1023	completed on time;
1024	1024	(14) the percentage of highway construction projects
1025	1025	that cost:
1026	1026	(A) more than the contract amount; and
1027	1027	(B) less than the contract amount; and
1028	1028	(15) a description of real property acquired by the
1029	1029	department through the exercise of eminent domain, including the
1030	1030	acreage of the property and the location of the property.
1031	1031	SECTION 4.27. Section 1001.151(c), Transportation Code, is
1032	1032	amended to read as follows:
1033	1033	(c) Money appropriated to the department for Motor Vehicle
1034	1034	Crime [Automobile Burglary and Theft] Prevention Authority
1035	1035	purposes and other revenue collected or received by the Motor
1036	1036	Vehicle Crime [Automobile Burglary and Theft] Prevention Authority
1037	1037	may not be deposited into the fund.
1038	1038	SECTION 4.28. The following provisions are repealed:
1039	1039	(1) Sections 9 and 11, Article 4413(37), Revised
1040	1040	Statutes;
1041	1041	(2) the headings to Sections 3, 5, and 6, Article
1042	1042	4413(37), Revised Statutes; and
1043	1043	(3) the heading to Article 4413(37), Revised Statutes.
1044	1044	SECTION 4.29. (a) Except as provided by Subsection (b) of
1045	1045	this section, Section 1006.057, Transportation Code, as
1046	1046	transferred, redesignated, and amended by this Act, applies to a
1047	1047	person who is appointed before, on, or after the effective date of
1048	1048	this Act to the Automobile Burglary and Theft Prevention Authority
1049	1049	or Motor Vehicle Crime Prevention Authority, as applicable.
1050	1050	(b) A member of the Motor Vehicle Crime Prevention Authority
1051	1051	who, before the effective date of this Act, completed the training
1052	1052	program required by Sections 5(c), (d), and (e), Article 4413(37),
1053	1053	Revised Statutes, as that law existed before the effective date of
1054	1054	this Act, is required to complete additional training only on
1055	1055	subjects added by this Act to the training program as required by
1056	1056	Section 1006.057, Transportation Code, as transferred,
1057	1057	redesignated, and amended by this Act. A board member described by
1058	1058	this subsection may not vote, deliberate, or be counted as a member
1059	1059	in attendance at a meeting of the board held on or after December 1,
1060	1060	2019, until the member completes the additional training.
1061	1061	SECTION 4.30. (a) On the effective date of this Act:
1062	1062	(1) the name of the Automobile Burglary and Theft
1063	1063	Prevention Authority is changed to the Motor Vehicle Crime
1064	1064	Prevention Authority, and all powers, duties, rights, and
1065	1065	obligations of the Automobile Burglary and Theft Prevention
1066	1066	Authority are the powers, duties, rights, and obligations of the
1067	1067	Motor Vehicle Crime Prevention Authority;
1068	1068	(2) a member of the Automobile Burglary and Theft
1069	1069	Prevention Authority is a member of the Motor Vehicle Crime
1070	1070	Prevention Authority; and
1071	1071	(3) any appropriation for the Automobile Burglary and
1072	1072	Theft Prevention Authority is an appropriation for the Motor
1073	1073	Vehicle Crime Prevention Authority.
1074	1074	(b) On and after the effective date of this Act, a reference
1075	1075	in law to the Automobile Burglary and Theft Prevention Authority is
1076	1076	a reference to the Motor Vehicle Crime Prevention Authority.
1077	1077	(c) The Motor Vehicle Crime Prevention Authority is the
1078	1078	authority formerly known as the Automobile Burglary and Theft
1079	1079	Prevention Authority in all respects. All personnel, equipment,
1080	1080	data, documents, facilities, contracts, items, other property,
1081	1081	rules, decisions, and proceedings of or involving the Automobile
1082	1082	Burglary and Theft Prevention Authority are unaffected by the
1083	1083	change in the name of the authority.
1084	1084	ARTICLE 5. EFFECTIVE DATE
1085	1085	SECTION 5.01. This Act takes effect September 1, 2019.