87R10022 BEE-D
By: Raymond H.B. No. 4219
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the issuance of buyer's temporary
tags.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2301.651(d), Occupations Code, is
amended to read as follows:
(d) Except as provided by Section 2301.6515, a [A] license
may not be denied, revoked, or suspended, and disciplinary action
may not be taken under this subchapter, unless the respondent is
given an opportunity for a hearing. The board may deny, revoke, or
suspend a license or take disciplinary action by order only after
the department grants the respondent an opportunity for a hearing.
SECTION 2. Subchapter N, Chapter 2301, Occupations Code, is
amended by adding Section 2301.6515 to read as follows:
Sec. 2301.6515. EMERGENCY SUSPENSION. (a) The board shall
temporarily suspend a dealer's license issued under this chapter if
the director determines from the evidence or information presented
to the director by a law enforcement officer or department employee
that the license holder has fraudulently distributed buyer's
temporary tags under Section 503.063, Transportation Code.
(b) The board may suspend a dealer's license under this
section without notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that the holder of a dealer's license has fraudulently
distributed buyer's temporary tags. A final hearing on the matter
shall be held not later than the 61st day after the date of the
temporary suspension.
(d) The board by rule shall establish procedures for:
(1) the presentation to the director by a law
enforcement officer or department employee of evidence or
information regarding the fraudulent issuance of buyer's temporary
tags by the holder of a dealer's license; and
(2) the director's expedited determination regarding
whether the license holder has fraudulently distributed buyer's
temporary tags.
SECTION 3. Subchapter C, Chapter 503, Transportation Code,
is amended by adding Section 503.0632 to read as follows:
Sec. 503.0632. DEPARTMENT MONITORING OF AND LIMITS ON
DEALER ISSUANCE OF BUYER'S TEMPORARY TAGS. (a) The department
shall establish:
(1) the reasonable number of buyer's temporary tags
that each dealer may issue in a calendar month; and
(2) the maximum number of buyer's temporary tags that
each dealer may issue in a calendar year.
(b) The department shall monitor in real time the number of
buyer's temporary tags issued by a dealer. The department shall
immediately review the sales records of a dealer who issues buyer's
temporary tags in excess of the number determined by the department
under Subsection (a)(1) to determine whether the dealer has
fraudulently distributed buyer's temporary tags.
(c) Notwithstanding Section 503.0631(c), the department may
immediately suspend the access to the buyer's temporary tag
database of a dealer who issues buyer's temporary tags in excess of
the number determined by the department under Subsection (a)(2).
The department by rule shall establish procedures for the
reinstatement of access to the buyer's temporary tag database for a
dealer whose access is suspended under this subsection.
SECTION 4. This Act takes effect September 1, 2021.