Texas 2019 - 86th Regular

Texas Senate Bill SB604 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 604
	1	+	86R28366 AAF-D
	2	+	By: Buckingham, et al. S.B. No. 604
	3	+	(Paddie)
	4	+	Substitute the following for S.B. No. 604: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the continuation and functions of the Texas Department
6	10		of Motor Vehicles and to the operations of certain other entities
7	11		performing functions associated with the department.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		ARTICLE 1. GENERAL PROVISIONS
10	14		SECTION 1.01. Section 1001.005, Transportation Code, is
11	15		amended to read as follows:
12	16		Sec. 1001.005. SUNSET PROVISION. The department is subject
13	17		to Chapter 325, Government Code (Texas Sunset Act). Unless
14	18		continued in existence as provided by that chapter, the department
15	19		is abolished September 1, 2031 [2019].
16	20		SECTION 1.02. Section 1001.030, Transportation Code, is
17	21		amended to read as follows:
18	22		Sec. 1001.030. BOARD MEMBER TRAINING [ON DEPARTMENT AND
19	23		CERTAIN LAWS RELATING TO DEPARTMENT]. (a) A [To be eligible to
20	24		take office as a member of the board, a] person who is appointed to
21	25		and qualifies for office as a member of
22	26		deliberate, or be counted as a member in attendance at a meeting
23	27		of the board until the person completes
24	28		one course of
25	29		section.
26	30		(b) The training program must provide the person with
27	31		information [to the person] regarding:
28	32		(1) the law governing department operations [this
29	33		subchapter];
30	34		(2) the board's programs, functions, and rules and the
31	35		budget of [operated by] the department;
32	36		(3) the scope of and limitations on the rulemaking
33	37		authority [role and functions] of the board [department];
34	38		(4) the types of board rules, interpretations, and
35	39		enforcement actions that may implicate federal antitrust law by
36	40		limiting competition or impacting prices charged by persons engaged
37	41		in a profession or business the board regulates, including any
38	42		rule, interpretation, or enforcement action that:
39	43		(A) regulates the scope of practice of persons in
40	44		a profession or business the board regulates;
41	45		(B) restricts advertising by persons in a
42	46		profession or business the board regulates;
43	47		(C) affects the price of goods or services
44	48		provided by persons in a profession or business the board
45	49		regulates; or
46	50		(D) restricts participation in a profession or
47	51		business the board regulates [rules of the department with an
48	52		emphasis on the rules that relate to disciplinary and investigatory
49	53		authority];
50	54		(5) [the current budget for the department;
51	55		[(6)] the results of the most recent formal audit of
52	56		the department;
53	57		(6) [(7)] the requirements of [the]:
54	58		(A) laws relating to open meetings, public
55	59		information, [law, Chapter 551, Government Code;
56	60		[(B) open records law, Chapter 552, Government
57	61		Code; and
58	62		[(C)] administrative procedure [law], and
59	63		disclosure of conflicts of interest; and
60	64		(B) other laws applicable to members of the board
61	65		in performing their duties [Chapter 2001, Government Code;
62	66		[(8) the requirements of the conflict of interest laws
63	67		and other laws relating to public officials]; and
64	68		(7) [(9)] any applicable ethics policies adopted by
65	69		the department [board] or the Texas Ethics Commission.
66	70		(c) A person appointed to the board is entitled to
67	71		reimbursement, as provided by the General Appropriations Act, for
68	72		the travel expenses incurred in attending the training program,
69	73		regardless of whether the attendance at the program occurs before
70	74		or after [as provided by the General Appropriations Act and as if]
71	75		the person qualifies for office [were a member of the board].
72	76		(d) The executive director shall create a training manual
73	77		that includes the information required by Subsection (b). The
74	78		executive director shall distribute a copy of the training manual
75	79		annually to each member of the board. Each member of the board
76	80		shall sign and submit to the executive director a statement
77	81		acknowledging that the member received and has reviewed the
78	82		training manual.
79	83		SECTION 1.03. Section 1001.041(a), Transportation Code, is
80	84		amended to read as follows:
81	85		(a) Subject to the General Appropriations Act or other law,
82	86		the executive director shall appoint deputies, assistants, and
83	87		other personnel, including a general counsel, as necessary to carry
84	88		out the powers and duties of the department under this code, other
85	89		applicable vehicle laws of this state, and other laws granting
86	90		jurisdiction or applicable to the department.
87	91		SECTION 1.04. Section 1001.0411, Transportation Code, is
88	92		amended by adding Subsection (c) to read as follows:
89	93		(c) In accordance with Section 1001.041(a), the executive
90	94		director shall hire and oversee a general counsel to advise the
91	95		department.
92	96		SECTION 1.05. Section 1001.042, Transportation Code, is
93	97		amended to read as follows:
94	98		Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board
95	99		shall develop and implement policies that clearly separate [define]
96	100		the policy-making responsibilities of the board and the management
97	101		[respective] responsibilities of the executive director, including
98	102		the appointment of department staff, and the staff of the
99	103		department.
100	104		SECTION 1.06. Chapter 1003, Transportation Code, is amended
101	105		by adding Sections 1003.0055 and 1003.008 to read as follows:
102	106		Sec. 1003.0055. COMPLAINTS. (a) The department shall
103	107		maintain a system to promptly and efficiently act on complaints
104	108		filed with the department. The department shall maintain
105	109		information about parties to and the subject matter of the
106	110		complaint and a summary of the results of the review or
107	111		investigation of the complaint and the disposition of the
108	112		complaint.
109	113		(b) The department shall make information available
110	114		describing its procedures for complaint investigation and
111	115		resolution.
112	116		(c) The department shall periodically notify the parties to
113	117		the complaint of the status of the complaint until final
114	118		disposition.
115	119		Sec. 1003.008. NEGOTIATED RULEMAKING AND ALTERNATIVE
116	120		DISPUTE RESOLUTION POLICY. (a) The board shall develop and
117	121		implement a policy to encourage the use of:
118	122		(1) negotiated rulemaking procedures under Chapter
119	123		2008, Government Code, for the adoption of department rules; and
120	124		(2) appropriate alternative dispute resolution
121	125		procedures under Chapter 2009, Government Code, to assist in the
122	126		resolution of internal and external disputes under the department's
123	127		jurisdiction.
124	128		(b) The department's procedures relating to alternative
125	129		dispute resolution must conform, to the extent possible, to any
126	130		model guidelines issued by the State Office of Administrative
127	131		Hearings for the use of alternative dispute resolution by state
128	132		agencies.
129	133		(c) The department shall:
130	134		(1) coordinate the implementation of the policy
131	135		developed under Subsection (a);
132	136		(2) provide training as needed to implement the
133	137		procedures for negotiated rulemaking or alternative dispute
134	138		resolution; and
135	139		(3) collect data concerning the effectiveness of those
136	140		procedures.
137		-	SECTION 1.07. Chapter 1004, Transportation Code, is amended
138		-	by adding Section 1004.003 to read as follows:
139		-	Sec. 1004.003. CONFIDENTIALITY OF INFORMATION RELATED TO
140		-	INVESTIGATIONS. Information obtained during an investigation of a
141		-	person regulated under Chapter 2301 or 2302, Occupations Code, or
142		-	Chapter 503 or 643 of this code is confidential and not subject to
143		-	disclosure under Chapter 552, Government Code, until the
144		-	investigation is dismissed or finally resolved only if the
145		-	disclosure of that information would interfere with or jeopardize
146		-	the investigation.
147		-	SECTION 1.08. The following provisions are repealed:
148		-	(1) Section 2110.002(c), Government Code;
149		-	(2) Section 2301.612, Occupations Code; and
150		-	(3) Section 1001.031(a-1), Transportation Code.
151		-	SECTION 1.09. (a) Except as provided by Subsection (b) of
	141	+	SECTION 1.07. The following provisions are repealed:
	142	+	(1) Section 2110.002(c), Government Code; and
	143	+	(2) Section 1001.031(a-1), Transportation Code.
	144	+	SECTION 1.08. (a) Except as provided by Subsection (b) of
152	145		this section, Section 1001.030, Transportation Code, as amended by
153	146		this Act, applies to a member of the board of the Texas Department
154	147		of Motor Vehicles who is appointed before, on, or after the
155	148		effective date of this Act.
156	149		(b) A member of the board of the Texas Department of Motor
157	150		Vehicles who, before the effective date of this Act, completed the
158	151		training program required by Section 1001.030, Transportation
159	152		Code, as that law existed before the effective date of this Act, is
160	153		required to complete additional training only on subjects added by
161	154		this Act to the training program as required by Section 1001.030,
162	155		Transportation Code, as amended by this Act. A board member
163	156		described by this subsection may not vote, deliberate, or be
164	157		counted as a member in attendance at a meeting of the board held on
165	158		or after December 1, 2019, until the member completes the
166	159		additional training.
167	160		ARTICLE 2. LICENSING
168	161		SECTION 2.01. Section 2301.251(a), Occupations Code, is
169	162		amended to read as follows:
170	163		(a) Unless a person holds a license issued under this
171	164		chapter authorizing the activity, the person may not:
172	165		(1) engage in business as, serve in the capacity of, or
173	166		act as a dealer, manufacturer, distributor, converter,
174	167		[representative,] vehicle lessor, or vehicle lease facilitator in
175	168		this state; or
176	169		(2) perform or offer to perform repair services on a
177	170		motor vehicle under a franchise and a motor vehicle manufacturer's
178	171		warranty, regardless of whether the person sells or offers to sell
179	172		motor vehicles at the same location.
180	173		SECTION 2.02. Section 2301.258, Occupations Code, is
181	174		amended to read as follows:
182	175		Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
183	176		MANUFACTURER'S, DISTRIBUTOR'S, OR CONVERTER'S[, OR
184	177		REPRESENTATIVE'S] LICENSE. An application for a manufacturer's,
185	178		distributor's, or converter's[, or representative's] license must
186	179		be on a form prescribed by the department. The application must
187	180		include information the department determines necessary to fully
188	181		determine the qualifications of an applicant, including financial
189	182		resources, business integrity and experience, facilities and
190	183		personnel for serving franchised dealers, and other information the
191	184		department determines pertinent to safeguard the public interest
192	185		and welfare.
193	186		SECTION 2.03. Section 2301.264(a), Occupations Code, is
194	187		amended to read as follows:
195	188		(a) The annual fees for a license issued under this chapter
196	189		are:
197	190		(1) $900 for a manufacturer or distributor, plus $20
198	191		for each dealer franchised by the manufacturer or distributor;
199	192		(2) for a franchised dealer:
200	193		(A) $175, if the dealer sold fewer than 201 new
201	194		motor vehicles during the preceding calendar year;
202	195		(B) $275, if the dealer sold more than 200 but
203	196		fewer than 401 new motor vehicles during the preceding calendar
204	197		year;
205	198		(C) $400, if the dealer sold more than 400 but
206	199		fewer than 801 new motor vehicles during the preceding calendar
207	200		year;
208	201		(D) $500, if the dealer sold more than 800 but
209	202		fewer than 1,201 new motor vehicles during the preceding calendar
210	203		year;
211	204		(E) $625, if the dealer sold more than 1,200 but
212	205		fewer than 1,601 new motor vehicles during the preceding calendar
213	206		year;
214	207		(F) $750, if the dealer sold more than 1,600 new
215	208		motor vehicles during the preceding calendar year; and
216	209		(G) $100 for each location separate from the
217	210		dealership at which the dealer does not offer motor vehicles for
218	211		sale but performs warranty service work on vehicles the dealer is
219	212		franchised and licensed to sell;
220	213		(3) [$100 for a representative;
221	214		[(4)] $375 for a converter;
222	215		(4) [(5)] for a vehicle lessor:
223	216		(A) $175, if the lessor leased 200 or fewer motor
224	217		vehicles during the preceding calendar year;
225	218		(B) $275, if the lessor leased more than 200 but
226	219		fewer than 401 motor vehicles during the preceding calendar year;
227	220		(C) $400, if the lessor leased more than 400 but
228	221		fewer than 801 motor vehicles during the preceding calendar year;
229	222		(D) $500, if the lessor leased more than 800 but
230	223		fewer than 1,201 motor vehicles during the preceding calendar year;
231	224		(E) $625, if the lessor leased more than 1,200
232	225		but fewer than 1,601 motor vehicles during the preceding calendar
233	226		year; and
234	227		(F) $750, if the lessor leased more than 1,600
235	228		motor vehicles during the preceding calendar year; and
236	229		(5) [(6)] $375 for a vehicle lease facilitator.
237	230		SECTION 2.04. Section 2301.304, Occupations Code, is
238	231		amended to read as follows:
239	232		Sec. 2301.304. PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.
240	233		The holder of a manufacturer's, distributor's, or converter's[, or
241	234		representative's] license may apply for a renewal of the license by
242	235		complying with the application process specified by this chapter
243	236		and board rule.
244		-	SECTION 2.05. Sections 2301.358(a) and (c), Occupations
245		-	Code, are amended to read as follows:
246		-	(a) A person who holds a license issued under this chapter
247		-	may not participate in a new motor vehicle show or exhibition
248		-	unless[:
249		-	[(1)] the person provides the department with written
250		-	notice before the date the show or exhibition opens[; and
251		-	[(2) the department grants written approval].
252		-	(c) This section does not prohibit the sale of a towable
253		-	recreational vehicle, motor home, ambulance, fire-fighting
254		-	vehicle, or tow truck at a show or exhibition if:
255		-	(1) the [show or exhibition is approved by the]
256		-	department receives written notice of the show or exhibition before
257		-	the date the show or exhibition opens; and
258		-	(2) the sale is not otherwise prohibited by law.
259		-	SECTION 2.06. Section 2301.709, Occupations Code, is
	237	+	SECTION 2.05. Section 2301.709, Occupations Code, is
260	238		amended by adding Subsection (d) to read as follows:
261	239		(d) The board shall adopt rules and policies that establish
262	240		standards for reviewing a case under this subchapter. The rules and
263	241		policies must:
264	242		(1) specify the role of division personnel in managing
265	243		contested cases before the board or a person delegated power from
266	244		the board under Section 2301.154, including advising on procedural
267	245		matters;
268	246		(2) specify appropriate conduct and discussion by the
269	247		board or a person delegated power from the board under Section
270	248		2301.154 regarding proposals for decision issued by administrative
271	249		law judges;
272	250		(3) specify clear expectations limiting arguments and
273	251		discussion under Subsection (b) to evidence in the record of the
274	252		contested case hearing held by the administrative law judge;
275	253		(4) address ex parte communications; and
276	254		(5) distinguish between using industry expertise and
277	255		representing or advocating for an industry when reviewing a case
278	256		under this subchapter.
279		-	SECTION 2.07. Subchapter Q, Chapter 2301, Occupations Code,
	257	+	SECTION 2.06. Subchapter Q, Chapter 2301, Occupations Code,
280	258		is amended by adding Section 2301.807 to read as follows:
281	259		Sec. 2301.807. REFUND. If, after a proceeding under this
282	260		chapter and board rules, the board determines that a person is
283	261		violating or has violated this chapter or a rule adopted or order
284	262		issued under this chapter, the board may order the person to pay a
285	263		refund to the buyer or lessee of the motor vehicle that is the
286	264		subject of the proceeding.
287		-	SECTION 2.08. Section 2302.101, Occupations Code, is
	265	+	SECTION 2.07. Section 2302.101, Occupations Code, is
288	266		amended to read as follows:
289	267		Sec. 2302.101. [LICENSE REQUIRED FOR] SALVAGE VEHICLE
290	268		DEALER LICENSE. (a) Unless a person holds a salvage vehicle
291	269		dealer license issued under this chapter, the person may not:
292	270		(1) act as a salvage vehicle dealer or rebuilder; or
293	271		(2) store or display a motor vehicle as an agent or
294	272		escrow agent of an insurance company.
295	273		(b) A person who holds a salvage vehicle dealer license
296	274		issued under this chapter may perform any of the activities of a
297	275		salvage vehicle dealer, including:
298	276		(1) buying salvage motor vehicles and nonrepairable
299	277		motor vehicles or selling salvage motor vehicles and nonrepairable
300	278		motor vehicles that have been issued a salvage vehicle title or
301	279		nonrepairable vehicle title, as appropriate;
302	280		(2) engaging in the business of selling nonrepairable
303	281		motor vehicles or salvage motor vehicles at auction, including
304	282		wholesale auction;
305	283		(3) offering or negotiating to sell or buy salvage
306	284		motor vehicles or nonrepairable motor vehicles owned by a license
307	285		holder and to be purchased or sold by another license holder;
308	286		(4) acting as the agent or representative of a license
309	287		holder in performing an act described by Subdivision (3); and
310	288		(5) acquiring and repairing, rebuilding, or
311	289		reconstructing for operation on a public highway more than five
312	290		salvage motor vehicles in a calendar year.
313		-	SECTION 2.09. Section 2302.103, Occupations Code, is
	291	+	SECTION 2.08. Section 2302.103, Occupations Code, is
314	292		amended to read as follows:
315	293		Sec. 2302.103. APPLICATION FOR SALVAGE VEHICLE DEALER
316	294		LICENSE. [(a)] To apply for a salvage vehicle dealer license, a
317	295		person must submit to the department an application on a form
318	296		prescribed by the department and the application fee.
319	297		[(b) An applicant may apply for a salvage vehicle dealer
320	298		license with an endorsement in one or more of the following
321	299		classifications:
322	300		[(1) new automobile dealer;
323	301		[(2) used automobile dealer;
324	302		[(3) salvage pool operator;
325	303		[(4) salvage vehicle broker; or
326	304		[(5) salvage vehicle rebuilder.]
327		-	SECTION 2.10. Section 2302.151, Occupations Code, is
	305	+	SECTION 2.09. Section 2302.151, Occupations Code, is
328	306		amended by amending Subsection (a) and adding Subsection (c) to
329	307		read as follows:
330	308		(a) A license issued under this chapter is valid for the
331	309		period prescribed by the board [expires on the first anniversary of
332	310		the date of issuance].
333	311		(c) If the board prescribes the term of a license under this
334	312		chapter for a period other than one year, the board shall prorate
335	313		the applicable fee required under this chapter as necessary to
336	314		reflect the term of the license.
337		-	SECTION 2.11. Section 2302.351(b), Occupations Code, is
	315	+	SECTION 2.10. Section 2302.351(b), Occupations Code, is
338	316		amended to read as follows:
339	317		(b) If a salvage vehicle dealer or[,] an employee of the
340	318		dealer acting in the course of employment[, or a salvage vehicle
341	319		agent operating under the dealer's license] is convicted of more
342	320		than one offense under Section 2302.353(a), the district attorney
343	321		for a county in which the dealer's salvage business is located may
344	322		bring an action in that county to enjoin the dealer's business
345	323		operations for a period of at least one year.
346		-	SECTION 2.12. Subchapter H, Chapter 2302, Occupations Code,
	324	+	SECTION 2.11. Subchapter H, Chapter 2302, Occupations Code,
347	325		is amended by adding Section 2302.355 to read as follows:
348	326		Sec. 2302.355. CEASE AND DESIST ORDER. If it appears to the
349	327		board that a person who is not licensed under this chapter is
350	328		violating this chapter or a rule or order adopted under this
351	329		chapter, the board, after notice and opportunity for a hearing, may
352	330		issue a cease and desist order prohibiting the person from engaging
353	331		in the activity.
354		-	SECTION 2.13. Subchapter B, Chapter 503, Transportation
355		-	Code, is amended by adding Section 503.0296 to read as follows:
356		-	Sec. 503.0296. INDEPENDENT MOTOR VEHICLE DEALER EDUCATION
357		-	AND TRAINING REQUIREMENT. (a) The department by rule shall
358		-	require that an applicant for an original or renewal general
	332	+	SECTION 2.12. Section 503.029, Transportation Code, is
	333	+	amended by adding Subsection (d) to read as follows:
	334	+	(d) The department by rule shall:
	335	+	(1) establish education and training requirements, to
	336	+	be provided by an education and training program approved by the
	337	+	department, for an applicant for an original or renewal general
359	338		distinguishing number who proposes to be an independent motor
360		-	vehicle dealer complete web-based education and training developed
361		-	or approved by the department. The education and training must
362		-	include information on the laws and board rules applicable to an
363		-	independent motor vehicle dealer, including the consequences of
364		-	violating those laws and rules.
365		-	(b) An applicant described by Subsection (a) who satisfies
366		-	the education and training required under this section is not
367		-	required to complete additional education and training under this
368		-	section for the subsequent renewal of the applicant's general
369		-	distinguishing number.
370		-	SECTION 2.14. Subchapter F, Chapter 643, Transportation
	339	+	vehicle dealer; and
	340	+	(2) require the applicant under Subdivision (1) to
	341	+	establish that the applicant completed the education and training
	342	+	required under that subdivision.
	343	+	SECTION 2.13. Subchapter F, Chapter 643, Transportation
371	344		Code, is amended by adding Section 643.257 to read as follows:
372	345		Sec. 643.257. REFUND BY MOTOR CARRIERS TRANSPORTING
373	346		HOUSEHOLD GOODS. The department may order a motor carrier that
374	347		violates this chapter or a rule or order adopted under this chapter
375	348		to pay a refund to a consumer who paid the motor carrier to
376	349		transport household goods.
377		-	SECTION 2.15. Sections 2301.264(c), 2302.001(6), 2302.102,
	350	+	SECTION 2.14. Sections 2301.264(c), 2302.001(6), 2302.102,
378	351		and 2302.107, Occupations Code, are repealed.
379		-	SECTION 2.16. (a) The changes in law made by this Act to
	352	+	SECTION 2.15. (a) The changes in law made by this Act to
380	353		Chapters 2301 and 2302, Occupations Code, do not affect the
381	354		validity of a proceeding pending before a court or other
382	355		governmental entity on the effective date of this Act.
383	356		(b) An offense or other violation of law committed before
384	357		the effective date of this Act is governed by the law in effect when
385	358		the offense or violation was committed, and the former law is
386	359		continued in effect for that purpose. For purposes of this
387	360		subsection, an offense or violation was committed before the
388	361		effective date of this Act if any element of the offense or
389	362		violation occurred before that date.
390	363		(c) On the effective date of this Act, a representative's
391	364		license issued under Chapter 2301, Occupations Code, as that law
392	365		existed immediately before the effective date of this Act, expires.
393	366		(d) On the effective date of this Act, a salvage vehicle
394	367		agent license issued under former Section 2302.107, Occupations
395	368		Code, expires.
396	369		(e) Section 2302.151(a), Occupations Code, as amended by
397	370		this Act, applies only to a license issued or renewed on or after
398	371		September 1, 2019. A license issued or renewed before that date is
399	372		governed by the law in effect immediately before the effective date
400	373		of this Act, and the former law is continued in effect for that
401	374		purpose.
402		-	SECTION 2.17. As soon as practicable after the effective
403		-	date of this Act, the Texas Department of Motor Vehicles shall adopt
404		-	rules as required by Section 503.0296, Transportation Code, as
405		-	added by this Act. A rule adopted by the department as required by
406		-	that section may not require a person to complete the education and
407		-	training developed or approved under that section if the person, on
408		-	the effective date of this Act, has held an independent motor
409		-	vehicle dealer's general distinguishing number issued under
410		-	Chapter 503, Transportation Code, for at least 10 years.
411		-	ARTICLE 3. DIGITAL LICENSE PLATES
412		-	SECTION 3.01. Chapter 504, Transportation Code, is amended
413		-	by adding Subchapter B-1 to read as follows:
414		-	SUBCHAPTER B-1. DIGITAL LICENSE PLATES
415		-	Sec. 504.151. DEFINITIONS. In this subchapter:
416		-	(1) "Digital license plate" means an electronic
417		-	display that is designed to:
418		-	(A) display the information required to be
419		-	included on a physical license plate; and
420		-	(B) be placed on the rear of a vehicle in lieu of
421		-	a physical license plate issued under this chapter.
422		-	(2) "Digital license plate provider" means a person
423		-	engaged in the business of providing digital license plate hardware
424		-	and services to vehicle owners, including the sale or lease of and
425		-	issuance of digital license plates.
426		-	Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as
427		-	otherwise provided by this subchapter or a rule adopted under this
428		-	subchapter, a digital license plate issued under this subchapter is
429		-	subject to the laws of this state applicable to a physical license
430		-	plate.
431		-	Sec. 504.153. RULES. The board shall adopt rules as
432		-	necessary to implement and administer this subchapter.
433		-	Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The
434		-	board by rule shall allow a vehicle described by Subsection (b) to
435		-	be equipped with a digital license plate that is placed on the rear
436		-	of the vehicle in lieu of a physical license plate issued under this
437		-	chapter. The rule must require the owner of a vehicle issued a
438		-	digital license plate to obtain a physical license plate to be
439		-	placed on the front of the vehicle unless the vehicle is of a class
440		-	of vehicles that is not required to display two license plates, as
441		-	provided by other law.
442		-	(b) A vehicle registered under Chapter 502 may be equipped
443		-	with a digital license plate only if the vehicle:
444		-	(1) is part of a commercial fleet, as defined by
445		-	Section 502.001;
446		-	(2) is owned or operated by a governmental entity; or
447		-	(3) is not a passenger vehicle.
448		-	(c) The department may contract with digital license plate
449		-	providers for the issuance of digital license plates, including any
450		-	services related to the issuance of digital license plates.
451		-	(d) Notwithstanding any other law, a rule adopted under this
452		-	subchapter may:
453		-	(1) authorize the display of the vehicle's
454		-	registration insignia on a digital license plate issued for the
455		-	vehicle in lieu of attaching the registration insignia to the
456		-	inside of the vehicle's windshield as required by Section 502.059;
457		-	(2) establish a fee in an amount necessary to cover any
458		-	administrative costs incurred that relate to the issuance of a
459		-	digital license plate and exceed the administrative costs incurred
460		-	for the issuance of a physical license plate; or
461		-	(3) prohibit a digital license plate provider from
462		-	contracting with the department under Subchapter J.
463		-	Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND
464		-	PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the
465		-	specifications and requirements for digital license plates,
466		-	including requirements for the placement of digital license plates.
467		-	The design of and information displayed on a digital license plate
468		-	must be approved by the department.
469		-	(b) A digital license plate issued under this subchapter
470		-	must:
471		-	(1) meet the specifications and requirements adopted
472		-	under Subsection (a);
473		-	(2) include the information required to be included on
474		-	a physical license plate and legibly display that information at
475		-	all times and in all light conditions, provided that the license
476		-	plate may display the information in a smaller typeface when the
477		-	vehicle is parked;
478		-	(3) have wireless connectivity capability; and
479		-	(4) provide benefits to law enforcement that meet or
480		-	exceed the benefits provided by physical license plates as of the
481		-	time of enactment of this subchapter and as determined by the
482		-	Department of Public Safety.
483		-	(c) In adopting rules under Subsection (a), the board shall
484		-	consult with the Department of Public Safety. Except as otherwise
485		-	provided by this subsection and Section 2001.036, Government Code,
486		-	a rule adopted under Subsection (a) takes effect on the 31st day
487		-	after the date on which the rule is filed in the office of the
488		-	secretary of state. A rule adopted under Subsection (a) does not
489		-	take effect if, not later than the 30th day after the date on which
490		-	the rule is filed in the office of the secretary of state, the
491		-	public safety director of the Department of Public Safety submits
492		-	to the office of the secretary of state written notification
493		-	invalidating the rule.
494		-	(d) A rule adopted under this subchapter may:
495		-	(1) authorize the use of a digital license plate for
496		-	electronic toll collection or to display a parking permit; or
497		-	(2) establish procedures for displaying on a digital
498		-	license plate:
499		-	(A) an emergency alert or other public safety
500		-	alert issued by a governmental entity, including an alert
501		-	authorized under Subchapter L, M, or P, Chapter 411, Government
502		-	Code;
503		-	(B) vehicle manufacturer safety recall notices;
504		-	(C) static logo displays, including unique
505		-	displays for fleet vehicles; or
506		-	(D) advertising approved by the department.
507		-	Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND
508		-	DUTIES. A digital license plate provider with whom the department
509		-	contracts under Section 504.154:
510		-	(1) shall maintain an inventory of the digital license
511		-	plates issued by the provider in this state;
512		-	(2) shall make available a digital version of each
513		-	specialty license plate authorized by this chapter, other than
514		-	personalized license plates authorized for marketing and sale under
515		-	Subchapter J, provided that:
516		-	(A) each issuance of a specialty license plate
517		-	with restricted distribution, including a license plate authorized
518		-	under Subchapter C, D, E, or F, must be approved by the department;
519		-	and
520		-	(B) the provider shall remit to the department in
521		-	the manner prescribed by the department all money:
522		-	(i) payable to the department; or
523		-	(ii) required to be used or deposited in the
524		-	manner prescribed by the law establishing the license plate;
525		-	(3) may contract with the private vendor under
526		-	Subchapter J to make available a digital version of a personalized
527		-	license plate authorized for marketing and sale under that
528		-	subchapter, provided that the contract shall conform with any
529		-	applicable requirements of Subchapter J and the terms of the
530		-	private vendor's contract with the department;
531		-	(4) shall, if a digital license plate displays a
532		-	registration insignia as authorized by a rule adopted under Section
533		-	504.154(d)(1), promptly update the display of the registration
534		-	insignia to reflect the current registration period for the vehicle
535		-	and, on request of the department, suspend the display of the
536		-	registration insignia or indicate on the license plate that the
537		-	registration insignia for the vehicle is expired;
538		-	(5) may provide any service related to the issuance of
539		-	a digital license plate that is authorized by board rule, including
540		-	the sale, lease, and installation of and customer service for a
541		-	digital license plate; and
542		-	(6) may charge a fee, payable in installments, for the
543		-	issuance of a digital license plate or any additional services
544		-	provided by the provider for that license plate.
545		-	Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES.
546		-	It is a defense to prosecution of an offense involving the operation
547		-	of a motor vehicle and relating to the placement of a license plate
548		-	or the display of a registration insignia that the vehicle was
549		-	operated in compliance with rules issued under this subchapter
550		-	governing the placement of a digital license plate or the display of
551		-	a registration insignia on a digital license plate, as applicable.
552		-	SECTION 3.02. Not later than December 31, 2020, the board of
553		-	the Texas Department of Motor Vehicles shall adopt the rules
554		-	required by Subchapter B-1, Chapter 504, Transportation Code, as
555		-	added by this Act, and any other rules necessary to implement and
556		-	administer that subchapter.
557		-	ARTICLE 4. REGISTRATION AND TITLING
558		-	SECTION 4.01. Section 520.004, Transportation Code, is
	375	+	ARTICLE 3. REGISTRATION AND TITLING
	376	+	SECTION 3.01. Section 520.004, Transportation Code, is
559	377		amended to read as follows:
560	378		Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department
561	379		has jurisdiction over the registration and titling of, and the
562	380		issuance of license plates to, motor vehicles in compliance with
563	381		the applicable statutes. The department by rule:
564	382		(1) shall provide services that are reasonable,
565	383		adequate, and efficient;
566	384		(2) shall establish standards for uniformity and
567	385		service quality for counties and dealers licensed under Section
568	386		520.005; [and]
569	387		(3) may conduct public service education campaigns
570	388		related to the department's functions; and
571	389		(4) shall establish a risk-based system of monitoring
572	390		and preventing fraudulent activity related to vehicle registration
573	391		and titling in order to efficiently allocate resources and
574	392		personnel.
575		-	SECTION 4.02. Section 520.005, Transportation Code, is
	393	+	SECTION 3.02. Section 520.005, Transportation Code, is
576	394		amended by adding Subsection (e) to read as follows:
577	395		(e) Each county assessor-collector shall make available to
578	396		motor vehicle dealers the electronic system designed by the
579	397		department that allows a motor vehicle dealer to submit a title and
580	398		registration application online in the name of the purchaser of a
581	399		motor vehicle.
582		-	SECTION 4.03. Subchapter A, Chapter 520, Transportation
	400	+	SECTION 3.03. Subchapter A, Chapter 520, Transportation
583	401		Code, is amended by adding Sections 520.0075, 520.010, and 520.011
584	402		to read as follows:
585	403		Sec. 520.0075. CONTRACTING STANDARDS FOR TAX
586	404		ASSESSOR-COLLECTOR. (a) In this section, "deputy" means a deputy
587	405		classified as a full service deputy by a board rule adopted under
588	406		Section 520.0071.
589	407		(b) Notwithstanding Section 262.023, Local Government Code,
590	408		a county tax assessor-collector who awards a contract to a deputy
591	409		for the performance of registration and titling services must
592	410		comply with standard state contracting practices as if the county
593	411		tax assessor-collector were a state agency, including requirements
594	412		related to:
595	413		(1) purchase methods and competitive bidding under
596	414		Sections 2155.062 and 2155.063, Government Code;
597	415		(2) determining the best value for the county under
598	416		Sections 2155.074, 2155.075, and 2155.0755, Government Code;
599	417		(3) contracting standards and oversight under Chapter
600	418		2261, Government Code; and
601	419		(4) contract management under Chapter 2262,
602	420		Government Code.
603	421		(c) A contract described by Subsection (b) must:
604	422		(1) specify an expiration date and renewal or
605	423		extension terms for the contract; and
606	424		(2) include performance criteria and measures
607	425		necessary to evaluate the performance of the deputy under the
608	426		contract.
609	427		(d) A county tax assessor-collector shall monitor and
610	428		evaluate the performance of a deputy awarded a contract described
611	429		by this section and use that information in determining whether to
612	430		renew or extend the contract or award a new contract.
613	431		Sec. 520.010. AUDIT AND INVESTIGATION RELATED TO
614	432		REGISTRATION AND TITLING SERVICES. (a) The department may:
615	433		(1) audit or perform a compliance review of a person
616	434		performing registration or titling services;
617	435		(2) investigate any provision of state functions
618	436		related to registration or titling; and
619	437		(3) access any records needed to conduct the audit,
620	438		compliance review, or investigation.
621	439		(b) A county tax assessor-collector may:
622	440		(1) audit, perform a compliance review of, or
623	441		investigate a person providing registration or titling services in
624	442		the county in which the assessor-collector is located; and
625	443		(2) access any records needed to conduct the audit,
626	444		compliance review, or investigation.
627	445		(c) The department's authority under Subsection (a) is not
628	446		limited by a similar audit, compliance review, or investigation
629	447		conducted by a county tax assessor-collector under Subsection (b).
630	448		Sec. 520.011. AUDIT OF COUNTY TAX ASSESSOR-COLLECTOR. The
631	449		comptroller, in coordination with the department, may include, as
632	450		part of the comptroller's regular audits of state revenue
633	451		collection by county tax assessor-collector offices, the review of
634	452		processes relating to a county's collection and remittance of
635	453		revenue included in an audit.
636		-	SECTION 4.04. Chapter 520, Transportation Code, is amended
	454	+	SECTION 3.04. Chapter 520, Transportation Code, is amended
637	455		by adding Subchapter C to read as follows:
638	456		SUBCHAPTER C. AUTOMATED REGISTRATION AND TITLING SYSTEM
639	457		Sec. 520.021. RULES AND POLICIES. The department may adopt
640	458		rules and policies for the maintenance and use of the department's
641	459		automated registration and titling system.
642	460		Sec. 520.022. ACCESS TO SYSTEM. The department has the sole
643	461		authority to determine access to the department's automated
644	462		registration and titling system.
645	463		Sec. 520.023. TRAINING. (a) The department shall
646	464		implement a training program providing information on the:
647	465		(1) department's automated registration and titling
648	466		system; and
649	467		(2) identification of fraudulent activity related to
650	468		vehicle registration and titling.
651	469		(b) The department shall require a person performing
652	470		registration or titling services to complete the training under
653	471		Subsection (a).
654		-	SECTION 4.05. (a) Each county tax assessor-collector who
	472	+	SECTION 3.05. (a) Each county tax assessor-collector who
655	473		has, before the effective date of this Act, entered into a contract
656	474		described by Section 520.0075, Transportation Code, as added by
657	475		this Act, shall rebid the contract using the contracting standards
658	476		provided under that section not later than March 31, 2020.
659	477		(b) In order to assist a county tax assessor-collector in
660	478		the rebidding of contracts under Subsection (a) of this section,
661	479		the Texas Department of Motor Vehicles shall provide guidance and
662	480		recommendations on contracting practices to the county tax
663	481		assessor-collector.
664		-	SECTION 4.06. Not later than December 1, 2019, the Texas
	482	+	SECTION 3.06. Not later than December 1, 2019, the Texas
665	483		Department of Motor Vehicles shall adopt rules to implement the
666	484		training program required by Section 520.023, Transportation Code,
667	485		as added by this Act.
668		-	SECTION 4.07. Not later than March 1, 2020, the Texas
	486	+	SECTION 3.07. Not later than March 1, 2020, the Texas
669	487		Department of Motor Vehicles shall, in coordination with county tax
670		-	~~assessors~~-collectors and in accordance with Subchapter C, Chapter
	488	+	assessor-collectors and in accordance with Subchapter C, Chapter
671	489		520, Transportation Code, as added by this Act, develop, adopt, and
672	490		implement rules that create clear criteria for the suspension or
673	491		denial of access to the department's automated registration and
674	492		titling system if a county tax assessor-collector suspects abuse,
675	493		fraud, or waste relating to the system by an employee of the
676	494		assessor-collector's or a person deputized under Section 520.0071,
677	495		Transportation Code.
678		-	SECTION 4.08. Not later than September 1, 2020, each county
	496	+	SECTION 3.08. Not later than September 1, 2020, each county
679	497		tax assessor-collector shall make available the electronic system
680	498		to motor vehicle dealers as required by Section 520.005(e),
681	499		Transportation Code, as added by this Act.
682		-	ARTICLE 5. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
683		-	SECTION 5.01. Subtitle M, Title 7, Transportation Code, is
	500	+	ARTICLE 4. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
	501	+	SECTION 4.01. Subtitle M, Title 7, Transportation Code, is
684	502		amended by adding Chapter 1006, and a heading is added to that
685	503		chapter to read as follows:
686	504		CHAPTER 1006. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
687		-	SECTION 5.02. Chapter 1006, Transportation Code, as added
	505	+	SECTION 4.02. Chapter 1006, Transportation Code, as added
688	506		by this Act, is amended by adding Subchapter A, and a heading is
689	507		added to that subchapter to read as follows:
690	508		SUBCHAPTER A. GENERAL PROVISIONS
691		-	SECTION 5.03. Section 1, Article 4413(37), Revised
	509	+	SECTION 4.03. Section 1, Article 4413(37), Revised
692	510		Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
693	511		3225), Acts of the 80th Legislature, Regular Session, 2007, is
694	512		transferred to Subchapter A, Chapter 1006, Transportation Code, as
695	513		added by this Act, redesignated as Section 1006.001, Transportation
696	514		Code, reenacted, and amended to read as follows:
697	515		Sec. 1006.001 [1]. DEFINITIONS. In this chapter [article]:
698	516		(1) "Authority" means the Motor Vehicle Crime
699	517		[Automobile Burglary and Theft] Prevention Authority.
700	518		(2) "Economic motor vehicle theft" means motor vehicle
701	519		burglary or theft committed for financial gain.
702	520		(3) "Insurer" means any insurance company writing any
703	521		form of motor vehicle insurance in this state, including an
704	522		interinsurance or reciprocal exchange, mutual company, mutual
705	523		association, or Lloyd's plan ["Department" means the Texas
706	524		Department of Motor Vehicles].
707	525		(4) ["Director" means the executive director of the
708	526		Texas Department of Transportation.
709	527		[(5)] "Motor vehicle" means a self-propelled vehicle
710	528		or a vehicle, trailer, or semitrailer designed for use with a
711	529		self-propelled vehicle. The term does not include a vehicle that
712	530		runs exclusively on fixed rails or tracks or a piece of equipment
713	531		operated solely on private property.
714	532		(5) "Motor vehicle burglary or theft" includes
715	533		economic motor vehicle theft.
716		-	SECTION 5.04. Section 2, Article 4413(37), Revised
	534	+	SECTION 4.04. Section 2, Article 4413(37), Revised
717	535		Statutes, is transferred to Subchapter A, Chapter 1006,
718	536		Transportation Code, as added by this Act, redesignated as Section
719	537		1006.002, Transportation Code, and amended to read as follows:
720	538		Sec. 1006.002 [2]. ESTABLISHMENT. The Motor Vehicle Crime
721	539		[Automobile Burglary and Theft] Prevention Authority is
722	540		established in the department [Texas Department of Motor Vehicles].
723	541		The authority is not an advisory body to the department [Texas
724	542		Department of Motor Vehicles].
725		-	SECTION 5.05. Chapter 1006, Transportation Code, as added
	543	+	SECTION 4.05. Chapter 1006, Transportation Code, as added
726	544		by this Act, is amended by adding Subchapter B, and a heading is
727	545		added to that subchapter to read as follows:
728	546		SUBCHAPTER B. COMPOSITION AND ADMINISTRATION
729		-	SECTION 5.06. Sections 3(a), (b), (c), (d), (i), (j), and
	547	+	SECTION 4.06. Sections 3(a), (b), (c), (d), (i), (j), and
730	548		(k), Article 4413(37), Revised Statutes, are transferred to
731	549		Subchapter B, Chapter 1006, Transportation Code, as added by this
732	550		Act, redesignated as Sections 1006.051 and 1006.052,
733	551		Transportation Code, and amended to read as follows:
734	552		Sec. 1006.051. AUTHORITY MEMBERSHIP. (a) The authority is
735	553		composed of seven members.
736	554		(b) The governor, with the advice and consent of the senate,
737	555		shall appoint the following six members:
738	556		(1) two representatives of motor vehicle insurance
739	557		consumers;
740	558		(2) two representatives of insurance companies
741	559		writing motor vehicle insurance in this state; and
742	560		(3) two representatives of law enforcement.
743	561		(c) The public safety director of the Department of Public
744	562		Safety or the director's designee serves ex officio as the seventh
745	563		member of the authority.
746	564		(d) Appointments to the authority shall be made without
747	565		regard to race, color, disability, sex, religion, age, or national
748	566		origin of the appointees.
749	567		Sec. 1006.052. ELIGIBILITY RESTRICTIONS. (a) [(i)] A
750	568		person is not eligible for appointment as a representative of motor
751	569		vehicle insurance consumers under Section 1006.051(b)(1)
752	570		[Subsection (b)(1) of this section] if the person or the person's
753	571		spouse:
754	572		(1) is registered, certified, or licensed by an
755	573		occupational regulatory agency in the field of motor vehicle
756	574		insurance or law enforcement;
757	575		(2) is an officer, employee, or paid consultant of a
758	576		Texas trade association in the field of motor vehicle insurance or
759	577		law enforcement;
760	578		(3) is employed by or participates in the management
761	579		of a business entity or other organization receiving funds from the
762	580		authority;
763	581		(4) owns or controls, directly or indirectly, more
764	582		than a 10 percent [10-percent] interest in a business entity or
765	583		other organization receiving funds from the authority; or
766	584		(5) uses or receives a substantial amount of tangible
767	585		goods, services, or funds from the authority, other than
768	586		reimbursement authorized by law for service on the board of the
769	587		authority.
770	588		(b) [(j)] For purposes of Subsection (a)(2) [(i)(2) of this
771	589		section], "[a] Texas trade association" means [is] a nonprofit,
772	590		cooperative, and voluntarily joined association of business or
773	591		professional competitors in this state designed to assist the
774	592		association's [its] members and the members' [its] industry or
775	593		profession in dealing with mutual business or professional problems
776	594		and in promoting the members' [their] common interest.
777	595		(c) [(k)] A person may not serve as a member of the
778	596		authority [or act as the general counsel to the authority] if the
779	597		person is required to register as a lobbyist under Chapter 305,
780	598		Government Code, because of the person's activities for
781	599		compensation on behalf of a profession related to [law enforcement
782	600		or] motor vehicle insurance or law enforcement.
783		-	SECTION 5.07. Section 3(e), Article 4413(37), Revised
	601	+	SECTION 4.07. Section 3(e), Article 4413(37), Revised
784	602		Statutes, is transferred to Subchapter B, Chapter 1006,
785	603		Transportation Code, as added by this Act, redesignated as Section
786	604		1006.053, Transportation Code, and amended to read as follows:
787	605		Sec. 1006.053. TERM OF OFFICE; VACANCY. (a) [(e)] The six
788	606		members of the authority appointed by the governor serve staggered
789	607		six-year terms, with the terms of two members expiring February 1 of
790	608		each odd-numbered year.
791	609		(b) If there is a vacancy during a term, the governor shall
792	610		appoint a replacement who meets the requirements of the vacant
793	611		office to fill the unexpired term.
794		-	SECTION 5.08. Section 5(a), Article 4413(37), Revised
	612	+	SECTION 4.08. Section 5(a), Article 4413(37), Revised
795	613		Statutes, is transferred to Subchapter B, Chapter 1006,
796	614		Transportation Code, as added by this Act, redesignated as Section
797	615		1006.054, Transportation Code, and amended to read as follows:
798	616		Sec. 1006.054. PRESIDING OFFICER. [(a)] The governor
799	617		shall designate a member of the authority as the presiding officer
800	618		of the authority to serve in that capacity at the pleasure of the
801	619		governor.
802		-	SECTION 5.09. Sections 3(f), (g), (h), and (l), Article
	620	+	SECTION 4.09. Sections 3(f), (g), (h), and (l), Article
803	621		4413(37), Revised Statutes, are transferred to Subchapter B,
804	622		Chapter 1006, Transportation Code, as added by this Act,
805	623		redesignated as Sections 1006.055 and 1006.056, Transportation
806	624		Code, and amended to read as follows:
807	625		Sec. 1006.055. GROUNDS FOR REMOVAL. (a) [(f)] It is a
808	626		ground for removal from the authority if a member:
809	627		(1) does not have at the time of appointment the
810	628		qualifications required by Section 1006.051(b) [Subsection (b)] or
811	629		is disqualified under Section 1006.052 [Subsection (i) or (k) of
812	630		this section];
813	631		(2) does not maintain during service on the authority
814	632		the qualifications required by Section 1006.051(b) [Subsection
815	633		(b)] or becomes disqualified under Section 1006.052 [Subsection (i)
816	634		or (k) of this section];
817	635		(3) cannot, because of illness or disability,
818	636		discharge the member's duties for a substantial part of the member's
819	637		term [for which the member is appointed]; or
820	638		(4) is absent from more than half of the regularly
821	639		scheduled authority meetings that the member is eligible to attend
822	640		during a calendar year.
823	641		(b) [(g)] The validity of an action of the authority is not
824	642		affected by the fact that it is taken when a ground for removal of a
825	643		member of the authority exists.
826	644		(c) [(h)] If the executive director has knowledge that a
827	645		potential ground for removal exists, the executive director shall
828	646		notify the presiding officer of the authority of the potential
829	647		ground. The presiding officer shall then notify the governor and
830	648		the attorney general that a potential ground for removal exists. If
831	649		the potential ground for removal involves the presiding officer,
832	650		the executive director shall notify the next highest officer of the
833	651		authority, who shall notify the governor and the attorney general
834	652		that a potential ground for removal exists.
835	653		Sec. 1006.056. INFORMATION ON QUALIFICATIONS AND CONDUCT.
836	654		[(l)] The executive director or the executive director's designee
837	655		shall provide to members of the authority, as often as necessary,
838	656		information regarding the members' [their] qualifications for
839	657		office under this chapter [article] and their responsibilities
840	658		under applicable laws relating to standards of conduct for state
841	659		officers.
842		-	SECTION 5.10. Sections 5(c), (d), and (e), Article
	660	+	SECTION 4.10. Sections 5(c), (d), and (e), Article
843	661		4413(37), Revised Statutes, are transferred to Subchapter B,
844	662		Chapter 1006, Transportation Code, as added by this Act,
845	663		redesignated as Section 1006.057, Transportation Code, and amended
846	664		to read as follows:
847		-	Sec. 1006.057. MEMBER TRAINING. (a) A [(c) To be
848		-	~~eligible~~ to take office as a member of the authority, a] person who
849		-	is appointed to and qualifies for office as a member of the
850		-	~~authority~~ may not vote, deliberate, or be counted as a member in
851		-	~~attendance at~~ a meeting of the authority until the person completes
852		-	~~[must~~ complete at least one course of] a training program that
853		-	~~complies~~ with this section [Subsection (d)].
	665	+	Sec. 1006.057. MEMBER TRAINING. (a) A [(c) To be eligible
	666	+	to take office as a member of the authority, a] person who is
	667	+	appointed to and qualifies for office as a member of the authority
	668	+	may not vote, deliberate, or be counted as a member in attendance at
	669	+	a meeting of the authority until the person completes [must
	670	+	complete at least one course of] a training program that complies
	671	+	with this section [Subsection (d)].
854	672		(b) [(d)] The training program [required by Subsection (c)]
855	673		must provide the person with information [to the person] regarding:
856	674		(1) the law governing authority operations [enabling
857	675		legislation that created the authority and its policymaking body to
858	676		which the member is appointed to serve];
859	677		(2) the programs, functions, rules, and budget of
860	678		[operated by] the authority;
861	679		(3) the scope of and limitations on the rulemaking
862	680		authority [role and functions] of the authority;
863	681		(4) [the rules of the authority and the department;
864	682		[(5) the current budget for the authority;
865	683		[(6)] the results of the most recent formal audit of
866	684		the authority;
867	685		(5) [(7)] the requirements of [the]:
868	686		(A) laws relating to open meetings, public
869	687		information, [law, Chapter 551, Government Code;
870	688		[(B) open records law, Chapter 552, Government
871	689		Code; and
872	690		[(C)] administrative procedure [law], and
873	691		disclosure of conflicts of interest; and
874	692		(B) other laws applicable to members of the
875	693		authority in performing their duties [Chapter 2001, Government
876	694		Code;
877	695		[(8) the requirements of the conflict-of-interest
878	696		laws and other laws relating to public officials]; and
879	697		(6) [(9)] any applicable ethics policies adopted by
880	698		the department or the Texas Ethics Commission.
881	699		(c) [(e)] A person appointed to the authority is entitled to
882	700		reimbursement, as provided by the General Appropriations Act, for
883	701		the travel expenses incurred in attending the training program,
884	702		regardless of whether the attendance at the program occurs before
885	703		or after [required by Subsection (c) as provided by the General
886	704		Appropriations Act and as if] the person qualifies for office [were
887	705		a member of the authority].
888	706		(d) The executive director shall create a training manual
889	707		that includes the information required by Subsection (b). The
890	708		executive director shall distribute a copy of the training manual
891	709		annually to each member of the authority. Each member of the
892	710		authority shall sign and submit to the executive director a
893	711		statement acknowledging that the member received and has reviewed
894	712		the training manual.
895		-	SECTION 5.11. Section 4, Article 4413(37), Revised
	713	+	SECTION 4.11. Section 4, Article 4413(37), Revised
896	714		Statutes, is transferred to Subchapter B, Chapter 1006,
897	715		Transportation Code, as added by this Act, redesignated as Section
898	716		1006.058, Transportation Code, and amended to read as follows:
899	717		Sec. 1006.058 [4]. REIMBURSEMENT FOR EXPENSES. A member of
900	718		the authority is not entitled to compensation for service on the
901	719		authority but is entitled to reimbursement for expenses incurred in
902	720		performing the member's duties at the rate provided by [in] the
903	721		General Appropriations Act.
904		-	SECTION 5.12. Sections 6(e), (f), and (g), Article
	722	+	SECTION 4.12. Sections 6(e), (f), and (g), Article
905	723		4413(37), Revised Statutes, are transferred to Subchapter B,
906	724		Chapter 1006, Transportation Code, as added by this Act,
907	725		redesignated as Sections 1006.059 and 1006.060, Transportation
908	726		Code, and amended to read as follows:
909	727		Sec. 1006.059. PERSONNEL AND SERVICES. (a) [(e)] The
910	728		authority may be provided various services only by or through the
911	729		department as needed to carry out the authority's [its] purposes,
912	730		powers, and duties. These services may include[, but are not
913	731		limited to,] legal services not provided by the attorney general,
914	732		fiscal services, administrative services, and personnel services.
915	733		[Except as provided by this section, the authority may enter into
916	734		contracts in its own name and on its own behalf with recipients of
917	735		grants for purposes of this article.]
918	736		(b) [(f)] The department shall provide personnel and
919	737		services to the authority as agreed by the authority and the
920	738		department.
921	739		Sec. 1006.060. DIVISION OF RESPONSIBILITIES. [(g)] The
922	740		authority shall, in coordination with the department, develop and
923	741		implement policies that clearly separate the policymaking
924	742		responsibilities of the authority and the management
925	743		responsibilities of the department.
926		-	SECTION 5.13. Section 5(b), Article 4413(37), Revised
	744	+	SECTION 4.13. Section 5(b), Article 4413(37), Revised
927	745		Statutes, is transferred to Subchapter B, Chapter 1006,
928	746		Transportation Code, as added by this Act, redesignated as Section
929	747		1006.061, Transportation Code, and amended to read as follows:
930	748		Sec. 1006.061. MEETINGS. [(b)] The authority shall meet
931	749		at the call of the presiding officer [chairman] or at the call of
932	750		four members.
933		-	SECTION 5.14. Section 6(h), Article 4413(37), Revised
	751	+	SECTION 4.14. Section 6(h), Article 4413(37), Revised
934	752		Statutes, is transferred to Subchapter B, Chapter 1006,
935	753		Transportation Code, as added by this Act, redesignated as Section
936	754		1006.062, Transportation Code, and amended to read as follows:
937	755		Sec. 1006.062. PUBLIC TESTIMONY. [(h)] The authority
938	756		shall develop and implement policies that provide the public with a
939	757		reasonable opportunity to appear before the authority and to speak
940	758		on any issue under the [its] jurisdiction of the authority.
941		-	SECTION 5.15. Subchapter B, Chapter 1006, Transportation
	759	+	SECTION 4.15. Subchapter B, Chapter 1006, Transportation
942	760		Code, as added by this Act, is amended by adding Section 1006.063 to
943	761		read as follows:
944	762		Sec. 1006.063. LOBBYIST PROHIBITION: GENERAL COUNSEL. A
945	763		person may not act as the general counsel to the authority if the
946	764		person is required to register as a lobbyist under Chapter 305,
947	765		Government Code, because of the person's activities for
948	766		compensation on behalf of a profession related to motor vehicle
949	767		insurance or law enforcement.
950		-	SECTION 5.16. Chapter 1006, Transportation Code, as added
	768	+	SECTION 4.16. Chapter 1006, Transportation Code, as added
951	769		by this Act, is amended by adding Subchapter C, and a heading is
952	770		added to that subchapter to read as follows:
953	771		SUBCHAPTER C. POWERS AND DUTIES
954		-	SECTION 5.17. Sections 6(a), (b), (c), and (d), Article
	772	+	SECTION 4.17. Sections 6(a), (b), (c), and (d), Article
955	773		4413(37), Revised Statutes, are transferred to Subchapter C,
956	774		Chapter 1006, Transportation Code, as added by this Act,
957	775		redesignated as Section 1006.101, Transportation Code, and amended
958	776		to read as follows:
959	777		Sec. 1006.101. GENERAL POWERS AND DUTIES. (a) The
960	778		authority shall adopt rules to implement the authority's [its]
961	779		powers and duties.
962	780		(b) The authority may solicit and accept gifts and grants.
963	781		(c) The authority may only use [only] staff of the
964	782		department and may delegate authority to the staff as needed.
965	783		(d) Not later than April 1 of each year, the authority shall
966	784		report on the authority's [its] activities to the lieutenant
967	785		governor and the speaker of the house of representatives.
968		-	SECTION 5.18. Section 7, Article 4413(37), Revised
	786	+	SECTION 4.18. Section 7, Article 4413(37), Revised
969	787		Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
970	788		3225), Acts of the 80th Legislature, Regular Session, 2007, is
971	789		transferred to Subchapter C, Chapter 1006, Transportation Code, as
972	790		added by this Act, redesignated as Section 1006.102, Transportation
973	791		Code, reenacted, and amended to read as follows:
974	792		Sec. 1006.102 [7]. PLAN OF OPERATION. (a) The authority
975	793		shall develop and implement a plan of operation. The plan of
976	794		operation must be updated biennially and filed with the legislature
977	795		not later than [on or before] December 1 of each even-numbered year.
978	796		(b) The plan of operation must include:
979	797		(1) an assessment of the scope of the problems of motor
980	798		vehicle burglary or theft and fraud-related motor vehicle crime
981	799		[economic motor vehicle theft], including particular areas of the
982	800		state where the problems are greatest;
983	801		(2) an analysis of various methods of combating the
984	802		problems of motor vehicle burglary or theft and fraud-related motor
985	803		vehicle crime [economic motor vehicle theft];
986	804		(3) a plan for providing financial support to combat
987	805		motor vehicle burglary or theft and fraud-related motor vehicle
988	806		crime [economic motor vehicle theft]; and
989	807		(4) an estimate of the funds required to implement the
990	808		plan of operation.
991		-	SECTION 5.19. Section 12, Article 4413(37), Revised
	809	+	SECTION 4.19. Section 12, Article 4413(37), Revised
992	810		Statutes, is transferred to Subchapter C, Chapter 1006,
993	811		Transportation Code, as added by this Act, redesignated as Section
994	812		1006.103, Transportation Code, and amended to read as follows:
995	813		Sec. 1006.103 [12]. ADVISORY COMMITTEES. (a) The
996	814		authority may establish advisory committees to advise the authority
997	815		[it] on any matter under the jurisdiction of the authority.
998	816		(b) Section 2110.008, Government Code, does not apply to an
999	817		advisory committee established under this section if the advisory
1000	818		committee is:
1001	819		(1) established for a specific and immediate need; and
1002	820		(2) dissolved before the first anniversary of the date
1003	821		the committee is created.
1004	822		(c) A member of an advisory committee may not be compensated
1005	823		by the authority for committee service but is entitled to
1006	824		reimbursement for actual and necessary expenses incurred in the
1007	825		performance of committee service.
1008		-	SECTION 5.20. Chapter 1006, Transportation Code, as added
	826	+	SECTION 4.20. Chapter 1006, Transportation Code, as added
1009	827		by this Act, is amended by adding Subchapter D, and a heading is
1010	828		added to that subchapter to read as follows:
1011	829		SUBCHAPTER D. FINANCIAL PROVISIONS
1012		-	SECTION 5.21. Sections 6(j) and (k), Article 4413(37),
	830	+	SECTION 4.21. Sections 6(j) and (k), Article 4413(37),
1013	831		Revised Statutes, are transferred to Subchapter D, Chapter 1006,
1014	832		Transportation Code, as added by this Act, redesignated as Section
1015	833		1006.151, Transportation Code, and amended to read as follows:
1016	834		Sec. 1006.151. GRANTS. (a) Subject to the requirements of
1017	835		this section, the authority may enter into contracts in the
1018	836		authority's own name and on the authority's own behalf with
1019	837		recipients of grants for purposes of this chapter.
1020	838		(b) [(j)] The authority shall:
1021	839		(1) develop and periodically update [use] standard
1022	840		performance measures for each category of grants provided by the
1023		-	authority for use in ~~assessing~~ [order to assess] grantee success in
1024		-	achieving the purposes of this chapter [article]; and
	841	+	authority for use in [order to] assessing [assess] grantee success
	842	+	in achieving the purposes of this chapter [article]; and
1025	843		(2) ensure that grants are used to help increase:
1026	844		(A) the recovery rate of stolen motor vehicles;
1027	845		(B) the clearance rate of:
1028	846		(i) motor vehicle burglaries and thefts;
1029	847		and
1030	848		(ii) fraud-related motor vehicle crimes;
1031	849		and
1032	850		(C) the number of persons arrested for motor
1033	851		vehicle burglary and theft and fraud-related motor vehicle crime.
1034	852		(c) [(k)] The authority shall allocate grant funds
1035	853		primarily based on the number of motor vehicles stolen in, or the
1036	854		motor vehicle burglary or theft rate across, and the number of
1037	855		fraud-related motor vehicle crimes committed in the state rather
1038	856		than based on geographic distribution.
1039	857		(d) The authority shall, in consultation with the
1040	858		department, annually update the performance measures developed
1041	859		under Subsection (b).
1042		-	SECTION 5.22. Sections 6A and 10, Article 4413(37), Revised
	860	+	SECTION 4.22. Sections 6A and 10, Article 4413(37), Revised
1043	861		Statutes, are transferred to Subchapter D, Chapter 1006,
1044	862		Transportation Code, as added by this Act, redesignated as Sections
1045	863		1006.152 and 1006.153, Transportation Code, and amended to read as
1046	864		follows:
1047	865		Sec. 1006.152 [6A]. REFUNDS [POWER TO REFUND]. (a) The
1048	866		authority may make determinations regarding the sufficiency of
1049	867		payments made by an ["]insurer[" (as defined under Section 10 of
1050	868		this article)] of fees collected under [pursuant to] Section
1051	869		1006.153 [10 of this article].
1052	870		(b) Pursuant to a [such] determination made under
1053	871		Subsection (a), the authority may:
1054	872		(1) notify the comptroller that payments made by an
1055	873		insurer are sufficient; and
1056	874		(2) request the comptroller to draw warrants on the
1057	875		funds available to the authority for the purpose of refunding money
1058	876		[monies] to an insurer.
1059	877		(c) The authority shall make the determination under
1060	878		[Subsection (b) of] this section as follows:
1061	879		(1) the two members of the authority who are
1062	880		representatives of insurance companies writing motor vehicle
1063	881		insurance in this state shall recuse themselves; and
1064	882		(2) the remaining five members of the authority shall
1065	883		make the determination by a simple majority vote.
1066	884		(d) Determinations made under this section shall be
1067	885		performed in accordance with procedures set forth in rules adopted
1068	886		by the authority. The question of eligibility for a refund is not a
1069	887		contested case under [within the meaning of the Administrative
1070	888		Procedure Act (]Chapter 2001, Government Code[)].
1071	889		(e) A [Except as provided by Subsection (f), a] request for
1072	890		a refund made under this section must be made not later than four
1073	891		years after the date the payment was made to the authority under
1074	892		Section 1006.153 [10 of this article].
1075	893		Sec. 1006.153 [10]. FEE IMPOSED ON INSURER. (a) In this
1076	894		section,[:
1077	895		[(1) "Insurer" means any insurance company writing any
1078	896		form of motor vehicle insurance in this state, including an
1079	897		interinsurance or reciprocal exchange, mutual company, mutual
1080	898		association, or Lloyd's plan.
1081	899		[(2)] "motor [Motor] vehicle years of insurance" means
1082	900		the total number of years or portions of years during which a motor
1083	901		vehicle is covered by insurance.
1084	902		(b) An insurer shall pay to the authority a fee equal to $2
1085	903		multiplied by the total number of motor vehicle years of insurance
1086	904		for insurance policies delivered, issued for delivery, or renewed
1087	905		by the insurer. The fee shall be paid not later than:
1088	906		(1) March 1 of each year for a policy delivered,
1089	907		issued, [delivered,] or renewed from July 1 through December 31 of
1090	908		the previous calendar year; and
1091	909		(2) August 1 of each year for a policy delivered,
1092	910		issued, [delivered,] or renewed from January 1 through June 30 of
1093	911		that year.
1094	912		(c) The fee imposed by this section is in addition to any
1095	913		other fee or tax imposed by law on an insurer.
1096	914		(d) The authority shall notify the Texas Department [State
1097	915		Board] of Insurance of any insurer that fails to pay the fee
1098	916		required by this section, and the Texas Department of Insurance
1099	917		[board] may for that reason revoke the insurer's certificate of
1100	918		authority.
1101	919		(e) Fifty percent of each fee collected under Subsection (b)
1102	920		may be appropriated only to the authority for the purposes of this
1103	921		chapter [article].
1104		-	SECTION 5.23. Section 8, Article 4413(37), Revised
	922	+	SECTION 4.23. Section 8, Article 4413(37), Revised
1105	923		Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
1106	924		3225), Acts of the 80th Legislature, Regular Session, 2007, is
1107	925		transferred to Subchapter D, Chapter 1006, Transportation Code, as
1108	926		added by this Act, redesignated as Section 1006.154, Transportation
1109	927		Code, reenacted, and amended to read as follows:
1110	928		Sec. 1006.154 [8]. USE OF APPROPRIATED FUNDS. (a) Money
1111	929		appropriated to the department for authority purposes shall be used
1112	930		by the authority to pay the department for administrative costs and
1113	931		to achieve the purposes of this chapter [article], including:
1114	932		(1) [establishing and funding the motor vehicle
1115	933		registration program required by Section 9 of this article;
1116	934		[(2)] providing financial support to law enforcement
1117	935		agencies for economic motor vehicle theft and fraud-related motor
1118	936		vehicle crime enforcement teams;
1119	937		(2) [(3)] providing financial support to law
1120	938		enforcement agencies, local prosecutors, judicial agencies, and
1121	939		neighborhood, community, business, and nonprofit organizations for
1122	940		programs designed to reduce the incidence of economic motor vehicle
1123	941		theft and fraud-related motor vehicle crime;
1124	942		(3) [(4)] conducting educational programs designed to
1125	943		inform motor vehicle owners of methods of preventing motor vehicle
1126	944		burglary or theft and fraud-related motor vehicle crime;
1127	945		(4) [(5)] providing equipment, for experimental
1128	946		purposes, to assist motor vehicle owners in preventing motor
1129	947		vehicle burglary or theft; and
1130	948		(5) [(6)] establishing a uniform program to prevent
1131	949		stolen motor vehicles from entering Mexico.
1132	950		(b) In any fiscal year, the amount of the administrative
1133	951		expenses of the authority, including salaries, travel and marketing
1134	952		expenses, and other overhead expenses may not exceed eight percent
1135	953		of the total expenditures of the authority.
1136	954		(c) The cost of personnel and services provided to the
1137	955		authority by the department and by the attorney general may be paid
1138	956		only from appropriations made for authority purposes.
1139	957		Appropriations made for authority purposes may not be used for any
1140	958		other purpose.
1141		-	SECTION 5.24. Section 6(i), Article 4413(37), Revised
	959	+	SECTION 4.24. Section 6(i), Article 4413(37), Revised
1142	960		Statutes, is transferred to Subchapter D, Chapter 1006,
1143	961		Transportation Code, as added by this Act, redesignated as Section
1144	962		1006.155, Transportation Code, and amended to read as follows:
1145	963		Sec. 1006.155. ANNUAL FINANCIAL REPORT. [(i)] The
1146	964		authority shall prepare annually a complete and detailed written
1147	965		report accounting for all funds received and disbursed by the
1148	966		authority during the preceding fiscal year. The annual report must
1149	967		meet the reporting requirements applicable to financial reporting
1150	968		provided by [in] the General Appropriations Act.
1151		-	SECTION 5.25. Section 981.073(b), Insurance Code, is
	969	+	SECTION 4.25. Section 981.073(b), Insurance Code, is
1152	970		amended to read as follows:
1153	971		(b) A domestic surplus lines insurer is not subject to:
1154	972		(1) Section 38.003;
1155	973		(2) Chapter 462;
1156	974		(3) Chapter 463;
1157	975		(4) Chapter 501;
1158	976		(5) Section 981.051;
1159	977		(6) Section 981.101(b);
1160	978		(7) Chapter 2007;
1161	979		(8) Chapter 2301;
1162	980		(9) Chapter 2251; and
1163	981		(10) Chapter 1006, Transportation Code [Article
1164	982		4413(37), Revised Statutes].
1165		-	SECTION 5.26. Section 201.805(a), Transportation Code, is
	983	+	SECTION 4.26. Section 201.805(a), Transportation Code, is
1166	984		amended to read as follows:
1167	985		(a) The department shall annually publish in appropriate
1168	986		media and on the department's Internet website in a format that
1169	987		allows the information to be read into a commercially available
1170	988		electronic database a statistical comparison of department
1171	989		districts and the following information, calculated on a per capita
1172	990		basis considering the most recent census data and listed for each
1173	991		county and for the state for each fiscal year:
1174	992		(1) the number of square miles;
1175	993		(2) the number of vehicles registered;
1176	994		(3) the population;
1177	995		(4) daily vehicle miles;
1178	996		(5) the number of centerline miles and lane miles;
1179	997		(6) construction, maintenance, and contracted routine
1180	998		and preventive maintenance expenditures;
1181	999		(7) combined construction, maintenance, and
1182	1000		contracted routine and preventive maintenance expenditures;
1183	1001		(8) the number of district and division office
1184	1002		construction and maintenance employees;
1185	1003		(9) information regarding grant programs, including:
1186	1004		(A) Motor Vehicle Crime [Automobile Theft]
1187	1005		Prevention Authority grants;
1188	1006		(B) Routine Airport Maintenance Program grants;
1189	1007		(C) Public Transportation Grant Program grants;
1190	1008		(D) Medical Transportation Program grants; and
1191	1009		(E) aviation grants or aviation capital
1192	1010		improvement grants;
1193	1011		(10) approved State Infrastructure Bank loans;
1194	1012		(11) Texas Traffic Safety Program grants and
1195	1013		expenditures;
1196	1014		(12) the dollar amount of any pass-through toll
1197	1015		agreements;
1198	1016		(13) the percentage of highway construction projects
1199	1017		completed on time;
1200	1018		(14) the percentage of highway construction projects
1201	1019		that cost:
1202	1020		(A) more than the contract amount; and
1203	1021		(B) less than the contract amount; and
1204	1022		(15) a description of real property acquired by the
1205	1023		department through the exercise of eminent domain, including the
1206	1024		acreage of the property and the location of the property.
1207		-	SECTION 5.27. Section 1001.151(c), Transportation Code, is
	1025	+	SECTION 4.27. Section 1001.151(c), Transportation Code, is
1208	1026		amended to read as follows:
1209	1027		(c) Money appropriated to the department for Motor Vehicle
1210	1028		Crime [Automobile Burglary and Theft] Prevention Authority
1211	1029		purposes and other revenue collected or received by the Motor
1212	1030		Vehicle Crime [Automobile Burglary and Theft] Prevention Authority
1213	1031		may not be deposited into the fund.
1214		-	SECTION 5.28. The following provisions are repealed:
	1032	+	SECTION 4.28. The following provisions are repealed:
1215	1033		(1) Sections 9 and 11, Article 4413(37), Revised
1216	1034		Statutes;
1217	1035		(2) the headings to Sections 3, 5, and 6, Article
1218	1036		4413(37), Revised Statutes; and
1219	1037		(3) the heading to Article 4413(37), Revised Statutes.
1220		-	SECTION 5.29. (a) Except as provided by Subsection (b) of
	1038	+	SECTION 4.29. (a) Except as provided by Subsection (b) of
1221	1039		this section, Section 1006.057, Transportation Code, as
1222	1040		transferred, redesignated, and amended by this Act, applies to a
1223	1041		person who is appointed before, on, or after the effective date of
1224	1042		this Act to the Automobile Burglary and Theft Prevention Authority
1225	1043		or Motor Vehicle Crime Prevention Authority, as applicable.
1226	1044		(b) A member of the Motor Vehicle Crime Prevention Authority
1227	1045		who, before the effective date of this Act, completed the training
1228	1046		program required by Sections 5(c), (d), and (e), Article 4413(37),
1229	1047		Revised Statutes, as that law existed before the effective date of
1230	1048		this Act, is required to complete additional training only on
1231	1049		subjects added by this Act to the training program as required by
1232	1050		Section 1006.057, Transportation Code, as transferred,
1233	1051		redesignated, and amended by this Act. A member described by this
1234	1052		subsection may not vote, deliberate, or be counted as a member in
1235	1053		attendance at a meeting of the authority held on or after December
1236	1054		1, 2019, until the member completes the additional training.
1237		-	SECTION 5.30. (a) On the effective date of this Act:
	1055	+	SECTION 4.30. (a) On the effective date of this Act:
1238	1056		(1) the name of the Automobile Burglary and Theft
1239	1057		Prevention Authority is changed to the Motor Vehicle Crime
1240	1058		Prevention Authority, and all powers, duties, rights, and
1241	1059		obligations of the Automobile Burglary and Theft Prevention
1242	1060		Authority are the powers, duties, rights, and obligations of the
1243	1061		Motor Vehicle Crime Prevention Authority;
1244	1062		(2) a member of the Automobile Burglary and Theft
1245	1063		Prevention Authority is a member of the Motor Vehicle Crime
1246	1064		Prevention Authority; and
1247	1065		(3) any appropriation for the Automobile Burglary and
1248	1066		Theft Prevention Authority is an appropriation for the Motor
1249	1067		Vehicle Crime Prevention Authority.
1250	1068		(b) On and after the effective date of this Act, a reference
1251	1069		in law to the Automobile Burglary and Theft Prevention Authority is
1252	1070		a reference to the Motor Vehicle Crime Prevention Authority.
1253	1071		(c) The Motor Vehicle Crime Prevention Authority is the
1254	1072		authority formerly known as the Automobile Burglary and Theft
1255	1073		Prevention Authority in all respects. All personnel, equipment,
1256	1074		data, documents, facilities, contracts, items, other property,
1257	1075		rules, decisions, and proceedings of or involving the Automobile
1258	1076		Burglary and Theft Prevention Authority are unaffected by the
1259	1077		change in the name of the authority.
1260		-	ARTICLE 6. STUDY ON IMPOSING FEES ON ALTERNATIVELY FUELED VEHICLES
1261		-	SECTION 6.01. DEFINITIONS. In this article:
	1078	+	ARTICLE 5. STUDY ON IMPOSING FEES ON ALTERNATIVELY FUELED VEHICLES
	1079	+	SECTION 5.01. DEFINITIONS. In this article:
1262	1080		(1) "Alternatively fueled vehicle" has the meaning
1263	1081		assigned by Section 502.004, Transportation Code.
1264	1082		(2) "Conventional vehicle" means a vehicle, as defined
1265	1083		by Section 502.001, Transportation Code, that is exclusively
1266	1084		powered by gasoline or diesel fuel.
1267	1085		(3) "Motor fuel taxes" means the motor fuel taxes
1268	1086		imposed under Chapter 162, Tax Code.
1269		-	SECTION 6.02. STUDY AND REPORT. (a) Using existing funds,
	1087	+	SECTION 5.02. STUDY AND REPORT. (a) Using existing funds,
1270	1088		the Texas Department of Motor Vehicles shall organize a study on:
1271	1089		(1) the impact of the alternatively fueled vehicles
1272	1090		industry on the state;
1273	1091		(2) the options available to the state for collecting
1274	1092		fees from owners of alternatively fueled vehicles to replace the
1275	1093		loss of revenue from motor fuel taxes; and
1276	1094		(3) the feasibility and desirability of establishing a
1277	1095		fee for alternatively fueled vehicles.
1278	1096		(b) The study organized under Subsection (a) of this section
1279	1097		shall be conducted by:
1280	1098		(1) the Texas Department of Motor Vehicles;
1281	1099		(2) the Public Utility Commission of Texas;
1282	1100		(3) the Texas Department of Transportation;
1283	1101		(4) the Department of Public Safety of the State of
1284	1102		Texas; and
1285	1103		(5) the Texas Commission on Environmental Quality.
1286	1104		(c) The study must examine:
1287	1105		(1) the current revenue generated from motor fuel
1288	1106		taxes imposed on a conventional vehicle and each type of
1289	1107		alternatively fueled vehicle for each mile the vehicle is operated;
1290	1108		(2) the net revenue generated by fees and taxes paid by
1291	1109		owners of alternatively fueled vehicles and conventional vehicles
1292	1110		for the use of the vehicle, including motor vehicle registration
1293	1111		fees under Chapter 502, Transportation Code, motor fuel taxes, and
1294	1112		taxes, fees, and surcharges on the retail sale of electricity
1295	1113		consumed by alternatively fueled vehicles;
1296	1114		(3) the methods to determine the average number of
1297	1115		miles traveled in this state by alternatively fueled vehicles and
1298	1116		conventional vehicles each year;
1299	1117		(4) the type and amount of fees by which other states
1300	1118		generate revenue from alternatively fueled vehicles and
1301	1119		conventional vehicles;
1302	1120		(5) alternative methods for determining and
1303	1121		collecting road use fees from owners of alternatively fueled
1304	1122		vehicles, including methods that consider the weight of and the
1305	1123		number of miles traveled by an alternatively fueled vehicle;
1306	1124		(6) the projected revenue to the state for each method
1307	1125		examined under Subdivision (5) of this subsection;
1308	1126		(7) the projected impact of alternatively fueled
1309	1127		vehicles on the state highway system, including the maintenance
1310	1128		required because of the impact;
1311	1129		(8) the projected direct environmental benefit of
1312	1130		alternatively fueled vehicles on vehicle emissions in this state;
1313	1131		and
1314	1132		(9) the projected impact of alternatively fueled
1315	1133		vehicles to the state's power grids and electricity markets.
1316	1134		(d) Not later than December 1, 2020, the Texas Department of
1317	1135		Motor Vehicles shall prepare and submit to the governor, lieutenant
1318	1136		governor, speaker of the house of representatives, and members of
1319	1137		the legislature a written report that includes a summary of the
1320	1138		results of the study conducted under this section and any
1321	1139		legislative recommendations based on the study.
1322		-	SECTION 6.03. EXPIRATION DATE. This article expires
	1140	+	SECTION 5.03. EXPIRATION DATE. This article expires
1323	1141		September 1, 2021.
1324		-	ARTICLE 7. EFFECTIVE DATE
1325		-	SECTION 7.01. This Act takes effect September 1, 2019.
1326		-	______________________________ ______________________________
1327		-	President of the Senate Speaker of the House
1328		-	I hereby certify that S.B. No. 604 passed the Senate on
1329		-	April 11, 2019, by the following vote: Yeas 31, Nays 0;
1330		-	May 20, 2019, Senate refused to concur in House amendments and
1331		-	requested appointment of Conference Committee; May 22, 2019, House
1332		-	granted request of the Senate; May 26, 2019, Senate adopted
1333		-	Conference Committee Report by the following vote: Yeas 31,
1334		-	Nays 0.
1335		-	______________________________
1336		-	Secretary of the Senate
1337		-	I hereby certify that S.B. No. 604 passed the House, with
1338		-	amendments, on May 17, 2019, by the following vote: Yeas 146,
1339		-	Nays 0, one present not voting; May 22, 2019, House granted request
1340		-	of the Senate for appointment of Conference Committee;
1341		-	May 26, 2019, House adopted Conference Committee Report by the
1342		-	following vote: Yeas 145, Nays 1, one present not voting.
1343		-	______________________________
1344		-	Chief Clerk of the House
1345		-	Approved:
1346		-	______________________________
1347		-	Date
1348		-	______________________________
1349		-	Governor
	1142	+	ARTICLE 6. EFFECTIVE DATE
	1143	+	SECTION 6.01. This Act takes effect September 1, 2019.