| 12 | | - | SECTION 1. Section 503.0626(a), Transportation Code, is |
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| 13 | | - | amended to read as follows: |
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| 14 | | - | (a) The department shall develop, manage, and maintain a |
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| 15 | | - | secure, real-time database of information on vehicles to which |
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| 16 | | - | dealers and converters have affixed temporary tags. [The database |
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| 17 | | - | shall be managed by the vehicle titles and registration division of |
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| 18 | | - | the department.] |
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| 19 | | - | SECTION 2. Section 503.0631(a), Transportation Code, is |
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| 20 | | - | amended to read as follows: |
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| 21 | | - | (a) The department shall develop, manage, and maintain a |
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| 22 | | - | secure, real-time database of information on persons to whom |
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| 23 | | - | temporary buyer's tags are issued that may be used by a law |
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| 24 | | - | enforcement agency in the same manner that the agency uses vehicle |
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| 25 | | - | registration information. [The database shall be managed by the |
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| 26 | | - | vehicle titles and registration division of the department.] |
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| 27 | | - | SECTION 3. Subchapter C, Chapter 503, Transportation Code, |
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| 10 | + | SECTION 1. Subchapter C, Chapter 503, Transportation Code, |
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| 28 | 11 | | is amended by adding Section 503.0632 to read as follows: |
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| 29 | 12 | | Sec. 503.0632. MAXIMUM NUMBER OF TEMPORARY TAGS. (a) The |
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| 30 | 13 | | department by rule may establish the maximum number of temporary |
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| 31 | 14 | | tags that a dealer or converter may obtain under Section 503.062, |
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| 32 | 15 | | 503.0625, 503.0626, 503.063, or 503.0631. |
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| 33 | 16 | | (b) The maximum number of temporary tags that the department |
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| 34 | 17 | | determines a dealer or converter may obtain under this section must |
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| 35 | 18 | | be based on the dealer's or converter's anticipated need for |
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| 36 | 19 | | temporary tags, taking into consideration: |
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| 37 | 20 | | (1) the dealer's or converter's: |
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| 38 | 21 | | (A) time in operation; |
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| 39 | 22 | | (B) sales data; and |
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| 40 | 23 | | (C) expected growth; |
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| 41 | 24 | | (2) expected changes in the dealer's or converter's |
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| 42 | 25 | | market; and |
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| 43 | 26 | | (3) temporary conditions that may affect sales by the |
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| 44 | 27 | | dealer or converter. |
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| 45 | | - | (c) At the request of a dealer or converter, the department |
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| 46 | | - | may authorize additional temporary tags of any type for the dealer |
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| 47 | | - | or converter if the dealer or converter demonstrates a need for |
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| 48 | | - | additional temporary tags resulting from business operations, |
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| 49 | | - | including anticipated need. |
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| 50 | | - | (d) The department's denial of a request under Subsection |
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| 51 | | - | (c) may be overturned if a dealer or converter shows by a |
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| 52 | | - | preponderance of the evidence the need for additional temporary |
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| 53 | | - | tags. |
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| 54 | | - | SECTION 4. This Act takes effect September 1, 2021. |
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| 28 | + | (c) At the request of a dealer or converter before exceeding |
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| 29 | + | the maximum number of temporary tags established under this |
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| 30 | + | section, the director or the director's designee may authorize |
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| 31 | + | additional temporary tags of any type for the dealer or converter if |
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| 32 | + | the dealer or converter demonstrates a need for additional |
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| 33 | + | temporary tags resulting from business operations, including |
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| 34 | + | anticipated need. |
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| 35 | + | (d) The director's or director's designee's denial of a |
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| 36 | + | request under Subsection (c) may not be overturned in the absence of |
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| 37 | + | an abuse of discretion. |
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| 38 | + | SECTION 2. This Act takes effect September 1, 2021. |
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