Texas 2021 - 87th Regular

Texas House Bill HB3514 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3514
	1	+	By: Canales (Senate Sponsor - Seliger) H.B. No. 3514
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on
	4	+	Transportation; May 17, 2021, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 17, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the functions of the Texas Department of Motor
6	12		Vehicles; authorizing a penalty.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 306.001(9), Finance Code, is amended to
9	15		read as follows:
10	16		(9) "Qualified commercial loan":
11	17		(A) means:
12	18		(i) a commercial loan in which one or more
13	19		persons as part of the same transaction lends, advances, borrows,
14	20		or receives, or is obligated to lend or advance or entitled to
15	21		borrow or receive, money or credit with an aggregate value of:
16	22		(a) $3 million or more if the
17	23		commercial loan is secured by real property; or
18	24		(b) $250,000 or more if the commercial
19	25		loan is not secured by real property and, if the aggregate value of
20	26		the commercial loan is less than $500,000, the loan documents
21	27		contain a written certification from the borrower that:
22	28		(1) the borrower has been
23	29		advised by the lender to seek the advice of an attorney and an
24	30		accountant in connection with the commercial loan; and
25	31		(2) the borrower has had the
26	32		opportunity to seek the advice of an attorney and accountant of the
27	33		borrower's choice in connection with the commercial loan; and
28	34		(ii) a renewal or extension of a commercial
29	35		loan described by Subparagraph (i) [Paragraph (A)], regardless of
30	36		the principal amount of the loan at the time of the renewal or
31	37		extension; and
32	38		(B) does not include a commercial loan made for
33	39		the purpose of financing a business licensed by the [Motor Vehicle
34	40		Board of the] Texas Department of Motor Vehicles under Section
35	41		2301.251(a), Occupations Code.
36	42		SECTION 2. Section 572.003(c), Government Code, is amended
37	43		to read as follows:
38	44		(c) The term means a member of:
39	45		(1) the Public Utility Commission of Texas;
40	46		(2) the Texas Commission on Environmental Quality;
41	47		(3) the Texas Alcoholic Beverage Commission;
42	48		(4) the Finance Commission of Texas;
43	49		(5) the Texas Facilities Commission;
44	50		(6) the Texas Board of Criminal Justice;
45	51		(7) the board of trustees of the Employees Retirement
46	52		System of Texas;
47	53		(8) the Texas Transportation Commission;
48	54		(9) the Texas Department of Insurance;
49	55		(10) the Parks and Wildlife Commission;
50	56		(11) the Public Safety Commission;
51	57		(12) the Texas Ethics Commission;
52	58		(13) the State Securities Board;
53	59		(14) the Texas Water Development Board;
54	60		(15) the governing board of a public senior college or
55	61		university as defined by Section 61.003, Education Code, or of The
56	62		University of Texas Southwestern Medical Center, The University of
57	63		Texas Medical Branch at Galveston, The University of Texas Health
58	64		Science Center at Houston, The University of Texas Health Science
59	65		Center at San Antonio, The University of Texas M. D. Anderson Cancer
60	66		Center, The University of Texas Health Science Center at Tyler,
61	67		University of North Texas Health Science Center at Fort Worth,
62	68		Texas Tech University Health Sciences Center, Texas State Technical
63	69		College--Harlingen, Texas State Technical College--Marshall, Texas
64	70		State Technical College--Sweetwater, or Texas State Technical
65	71		College--Waco;
66	72		(16) the Texas Higher Education Coordinating Board;
67	73		(17) the Texas Workforce Commission;
68	74		(18) the board of trustees of the Teacher Retirement
69	75		System of Texas;
70	76		(19) the Credit Union Commission;
71	77		(20) the School Land Board;
72	78		(21) the board of the Texas Department of Housing and
73	79		Community Affairs;
74	80		(22) the Texas Racing Commission;
75	81		(23) the State Board of Dental Examiners;
76	82		(24) the Texas Medical Board;
77	83		(25) the Board of Pardons and Paroles;
78	84		(26) the Texas State Board of Pharmacy;
79	85		(27) the Department of Information Resources
80	86		governing board;
81	87		(28) the board of the Texas Department of Motor
82	88		Vehicles [Motor Vehicle Board];
83	89		(29) the Texas Real Estate Commission;
84	90		(30) the board of directors of the State Bar of Texas;
85	91		(31) the Bond Review Board;
86	92		(32) the Health and Human Services Commission;
87	93		(33) the Texas Funeral Service Commission;
88	94		(34) the board of directors of a river authority
89	95		created under the Texas Constitution or a statute of this state;
90	96		(35) the Texas Lottery Commission; or
91	97		(36) the Cancer Prevention and Research Institute of
92	98		Texas.
93	99		SECTION 3. Section 2301.453(c), Occupations Code, is
94	100		amended to read as follows:
95	101		(c) Except as provided by Subsection (d), the manufacturer,
96	102		distributor, or representative must provide written notice by
97	103		registered or certified mail to the dealer and the board stating the
98	104		specific grounds for the termination or discontinuance. The notice
99	105		must:
100	106		(1) be received not later than the 60th day before the
101	107		effective date of the termination or discontinuance; and
102	108		(2) contain on its first page a conspicuous statement
103	109		that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST
104	110		WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] IN
105	111		AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
106	112		PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
107	113		TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
108	114		ACTION."
109	115		SECTION 4. Section 2301.454(b), Occupations Code, is
110	116		amended to read as follows:
111	117		(b) The notice required by Subsection (a)(1) must:
112	118		(1) be given not later than the 60th day before the
113	119		date of the modification or replacement; and
114	120		(2) contain on its first page a conspicuous statement
115	121		that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST
116	122		WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] IN
117	123		AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
118	124		PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
119	125		TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
120	126		ACTION."
121	127		SECTION 5. Subchapter M, Chapter 2301, Occupations Code, is
122	128		amended by adding Section 2301.612 to read as follows:
123	129		Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed
124	130		with the department under this subchapter is not a public record and
125	131		is not subject to disclosure under Chapter 552, Government Code,
126	132		until the complaint is resolved by a final order of the department.
127	133		SECTION 6. Section 2301.711, Occupations Code, is amended
128	134		to read as follows:
129	135		Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as
130	136		otherwise provided by this chapter, the [The] board or a [other]
131	137		person delegated final order authority under Section 2301.154 shall
132	138		issue final orders for the implementation and enforcement of this
133	139		chapter and Chapter 503, Transportation Code.
134	140		(b) An order or decision under this chapter must:
135	141		(1) include a separate finding of fact with respect to
136	142		each specific issue required by law to be considered in reaching a
137	143		decision;
138	144		(2) set forth additional findings of fact and
139	145		conclusions of law on which the order or decision is based;
140	146		(3) give the reasons for the particular actions taken;
141	147		and
142	148		(4) be signed by the presiding officer or assistant
143	149		presiding officer for the board, a [or other] person delegated
144	150		final order authority under Section 2301.154, or a hearings
145	151		examiner in a contested case hearing under Section 2301.204 or
146	152		Subchapter M.
147	153		SECTION 7. Section 2301.712(b), Occupations Code, is
148	154		amended to read as follows:
149	155		(b) If a person who brings a complaint under Subchapter M
150	156		prevails in the case, the [board or a person delegated power from
151	157		the board under Section 2301.154 shall order the] nonprevailing
152	158		party in the case shall [to] reimburse the amount of the filing fee
153	159		for the case.
154	160		SECTION 8. Section 2301.713(c), Occupations Code, is
155	161		amended to read as follows:
156	162		(c) A motion for rehearing in a contested case under Section
157	163		2301.204 or Subchapter M must be filed with [and decided by] the
158	164		chief hearings examiner. The chief hearings examiner may designate
159	165		a person to decide the motion.
160	166		SECTION 9. Section 23.121, Tax Code, is amended by amending
161	167		Subsection (h) and adding Subsection (h-1) to read as follows:
162	168		(h) If a dealer fails to file a declaration as required by
163	169		this section, [or if, on the declaration required by this section, a
164	170		dealer reports the sale of fewer than five motor vehicles in the
165	171		prior year,] the chief appraiser may [shall] report the dealer
166	172		[that fact] to the Texas Department of Motor Vehicles to [and the
167	173		department shall] initiate cancellation of the dealer's general
168	174		distinguishing number [termination proceedings]. The chief
169	175		appraiser shall include with the report written verification that
170	176		the chief appraiser informed the dealer of the requirement to file a
171	177		declaration under this section [a copy of a declaration, if any,
172	178		indicating the sale by a dealer of fewer than five motor vehicles in
173	179		the prior year. A report by a chief appraiser to the Texas
174	180		Department of Motor Vehicles as provided by this subsection is
175	181		prima facie grounds for the cancellation of the dealer's general
176	182		distinguishing number under Section 503.038(a)(9), Transportation
177	183		Code, or for refusal by the Texas Department of Motor Vehicles to
178	184		renew the dealer's general distinguishing number].
179	185		(h-1) If, on the declaration required by this section, a
180	186		dealer reports the sale of fewer than five motor vehicles in the
181	187		prior year, the chief appraiser shall report the dealer to the Texas
182	188		Department of Motor Vehicles to initiate cancellation of the
183	189		dealer's general distinguishing number. The chief appraiser shall
184	190		include with the report a copy of a declaration indicating the sale
185	191		by a dealer of fewer than five motor vehicles in the prior year. A
186	192		report by a chief appraiser to the Texas Department of Motor
187	193		Vehicles as provided by this subsection is prima facie grounds for
188	194		the cancellation of the dealer's general distinguishing number
189	195		under Section 503.038(a)(9), Transportation Code, or for refusal by
190	196		the Texas Department of Motor Vehicles to renew the dealer's
191	197		general distinguishing number.
192	198		SECTION 10. Section 201.805(a), Transportation Code, is
193	199		amended to read as follows:
194	200		(a) The department shall annually publish in appropriate
195	201		media and on the department's Internet website in a format that
196	202		allows the information to be read into a commercially available
197	203		electronic database a statistical comparison of department
198	204		districts and the following information, calculated on a per capita
199	205		basis considering the most recent census data and listed for each
200	206		county and for the state for each fiscal year:
201	207		(1) the number of square miles;
202	208		(2) the number of vehicles registered;
203	209		(3) the population;
204	210		(4) daily vehicle miles;
205	211		(5) the number of centerline miles and lane miles;
206	212		(6) construction, maintenance, and contracted routine
207	213		and preventive maintenance expenditures;
208	214		(7) combined construction, maintenance, and
209	215		contracted routine and preventive maintenance expenditures;
210	216		(8) the number of district and division office
211	217		construction and maintenance employees;
212	218		(9) information regarding grant programs, including:
213	219		(A) [Motor Vehicle Crime Prevention Authority
214	220		grants;
215	221		[(B)] Routine Airport Maintenance Program
216	222		grants;
217	223		(B) [(C)] Public Transportation Grant Program
218	224		grants;
219	225		(C) [(D)] Medical Transportation Program grants;
220	226		and
221	227		(D) [(E)] aviation grants or aviation capital
222	228		improvement grants;
223	229		(10) approved State Infrastructure Bank loans;
224	230		(11) Texas Traffic Safety Program grants and
225	231		expenditures;
226	232		(12) the dollar amount of any pass-through toll
227	233		agreements;
228	234		(13) the percentage of highway construction projects
229	235		completed on time;
230	236		(14) the percentage of highway construction projects
231	237		that cost:
232	238		(A) more than the contract amount; and
233	239		(B) less than the contract amount; and
234	240		(15) a description of real property acquired by the
235	241		department through the exercise of eminent domain, including the
236	242		acreage of the property and the location of the property.
237	243		SECTION 11. Section 503.009(b), Transportation Code, as
238	244		repealed by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature,
239	245		Regular Session, 2013, and amended by Chapter 1379 (H.B. 1692),
240	246		Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
241	247		and amended to read as follows:
242	248		(b) The procedures applicable to a hearing conducted under
243	249		this section are those applicable to a hearing conducted under
244	250		Chapter 2301 [as provided by Section 2301.606], Occupations Code,
245	251		or Chapter 2001, Government Code.
246	252		SECTION 12. Section 520.063, Transportation Code, is
247	253		amended to read as follows:
248	254		Sec. 520.063. EXEMPTIONS. The following persons and their
249	255		agents are exempt from the licensing and other requirements
250	256		established by this subchapter:
251	257		(1) a franchised motor vehicle dealer or independent
252	258		motor vehicle dealer who holds a general distinguishing number
253	259		issued by the department under Chapter 503;
254	260		(2) a vehicle lessor holding a license issued by the
255	261		department [Motor Vehicle Board] under Chapter 2301, Occupations
256	262		Code, or a trust or other entity that is specifically not required
257	263		to obtain a lessor license under Section 2301.254(a) of that code;
258	264		and
259	265		(3) a vehicle lease facilitator holding a license
260	266		issued by the department [Motor Vehicle Board] under Chapter 2301,
261	267		Occupations Code.
262	268		SECTION 13. Section 1006.152, Transportation Code, is
263	269		amended by adding Subsection (f) to read as follows:
264	270		(f) The authority may recover from an insurer requesting a
265	271		refund under this section any costs associated with a denied or
266	272		improperly requested refund.
267	273		SECTION 14. Section 1006.153, Transportation Code, is
268	274		amended by adding Subsections (b-1), (b-2), and (b-3) and amending
269	275		Subsection (e) to read as follows:
270	276		(b-1) A penalty shall be imposed on an insurer for the
271	277		delinquent payment of the fee required by this section or the
272	278		delinquent filing of any report of the fee required by rule. The
273	279		penalty shall be assessed in the manner prescribed for the
274	280		assessment of a penalty for a delinquent tax payment or filing of a
275	281		report under Section 111.061(a), Tax Code. Interest accrues in the
276	282		manner described by Section 111.060, Tax Code, on any fee paid after
277	283		the due date in Subsection (b).
278	284		(b-2) The authority may audit or contract for the audit of
279	285		fees paid by an insurer under this section.
280	286		(b-3) A determination under this section shall be made in
281	287		accordance with procedures the authority adopts by rule. An insurer
282	288		assessed a penalty or interest under Subsection (b-1) may appeal
283	289		the assessment to the authority. The authority shall make the final
284	290		decision on the appeal by a simple majority vote. The appeal of an
285	291		assessment of a penalty or interest is not a contested case under
286	292		Chapter 2001, Government Code.
287	293		(e) Out of each fee collected under Subsection (b) or an
288	294		amount collected under Subsection (b-1):
289	295		(1) 20 percent shall be appropriated to the authority
290	296		for the purposes of this chapter;
291	297		(2) 20 percent shall be deposited to the credit of the
292	298		general revenue fund, to be used only for criminal justice
293	299		purposes; and
294	300		(3) 60 percent shall be deposited to the credit of the
295	301		designated trauma facility and emergency medical services account
296	302		under Section 780.003, Health and Safety Code, to be used only for
297	303		the criminal justice purpose of funding designated trauma
298	304		facilities, county and regional emergency medical services, and
299	305		trauma care systems that provide trauma care and emergency medical
300	306		services to victims of accidents resulting from traffic offenses.
301	307		SECTION 15. Section 1006.154, Transportation Code, is
302	308		amended by adding Subsection (d) to read as follows:
303	309		(d) For purposes of Subsection (b), administrative expenses
304	310		do not include administrative expenses related to the collection of
305	311		a fee under Section 1006.153, including salaries.
306	312		SECTION 16. (a) Section 1006.153(b-1), Transportation
307	313		Code, as added by this Act, applies only to a fee due on or after the
308	314		effective date of this Act. A fee due before the effective date of
309	315		this Act is governed by the law in effect on the date the fee was
310	316		due, and the former law is continued in effect for that purpose.
311	317		(b) Section 503.009(b), Transportation Code, as reenacted
312	318		and amended by this Act, applies only to a hearing under Chapter
313	319		503, Transportation Code, that is commenced on or after the
314	320		effective date of this Act. A hearing commenced before the
315	321		effective date of this Act is governed by the law in effect
316	322		immediately before the effective date of this Act, and that law is
317	323		continued in effect for that purpose.
318	324		SECTION 17. This Act takes effect September 1, 2021.
319		-	______________________________ ______________________________
320		-	President of the Senate Speaker of the House
321		-	I certify that H.B. No. 3514 was passed by the House on May 8,
322		-	2021, by the following vote: Yeas 131, Nays 8, 2 present, not
323		-	voting.
324		-	______________________________
325		-	Chief Clerk of the House
326		-	I certify that H.B. No. 3514 was passed by the Senate on May
327		-	20, 2021, by the following vote: Yeas 31, Nays 0.
328		-	______________________________
329		-	Secretary of the Senate
330		-	APPROVED: _____________________
331		-	Date
332		-	_____________________
333		-	Governor
	325	+	* * * * *