H.B. No. 3221
AN ACT
relating to the records of certain vehicle repairs, sales, and
purchases; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2305.001, Occupations Code, is amended
by amending Subdivisions (2) and (3) and adding Subdivision (4) to
read as follows:
(2) "Repair" includes the rebuilding of a motor
vehicle [an automobile], the installation of a new or used part or
accessory on a motor vehicle [an automobile], and the performance
of electrical work in connection with the repair of a motor vehicle
[an automobile]. The term does not include a repair covered by
Chapter 2304.
(3) "Used motor vehicle [automobile]" includes a
secondhand motor vehicle [automobile].
(4) "Motor vehicle" has the meaning assigned by
Section 501.002, Transportation Code.
SECTION 2. Section 2305.002, Occupations Code, is amended
to read as follows:
Sec. 2305.002. APPLICATION OF SUBCHAPTER. This subchapter
applies to any person who:
(1) operates a shop or garage that is engaged in the
business of repairing motor vehicles [automobiles]; or
(2) engages in the business of purchasing or selling
used motor vehicles [automobiles] in this state.
SECTION 3. Section 2305.003(a), Occupations Code, is
amended to read as follows:
(a) A person subject to this subchapter shall maintain a
register of each repair the person makes to a motor vehicle [an
automobile]. The register must contain a substantially complete
and accurate description of each motor vehicle [automobile] that is
repaired.
SECTION 4. Section 2305.004, Occupations Code, is amended
to read as follows:
Sec. 2305.004. REGISTER OF USED MOTOR VEHICLE [AUTOMOBILE]
SALES AND PURCHASES. (a) A person subject to this subchapter shall
maintain a register of each sale or purchase the person makes of a
used motor vehicle [automobile].
(b) If the person buys a used motor vehicle [automobile],
the register must contain:
(1) the make and model, the number of cylinders, the
motor number, the vehicle identification number, and the passenger
capacity of the motor vehicle, if applicable [automobile];
(2) the name, date of birth [sex, apparent age], usual
place of address, and official identification number [any special
identifying physical characteristics] of each person claiming to be
the owner of the motor vehicle [automobile]; and
(3) the state registration number of the motor
vehicle, if applicable [automobile].
(c) If the person sells a used motor vehicle [automobile],
in addition to the requirements of Subsection (b), the register
must contain the name and[, the] address[, and a description] of the
purchaser of the motor vehicle [automobile].
SECTION 5. Section 2305.006, Occupations Code, is amended
to read as follows:
Sec. 2305.006. MAINTENANCE [AND INSPECTION] OF RECORDS.
(a) All records required to be maintained under this subchapter
shall be[:
[(1)] kept until at least the first anniversary of the
date the record is made[; and
[(2) open for public inspection at all reasonable
hours].
(b) The registers required by Sections 2305.003 and
2305.004 shall be maintained in a clear and intelligent manner in a
well-bound book or an electronic recordkeeping system and kept in a
secure place in the office or place of business where the work is
performed or the business is conducted. [The registers shall be
open at all times to inspection by:
[(1) a peace officer; or
[(2) any person interested in tracing or locating
stolen automobiles.]
SECTION 6. Subchapter A, Chapter 2305, Occupations Code, is
amended by adding Section 2305.007 to read as follows:
Sec. 2305.007. ENTRY AND INSPECTION. (a) Except as
provided by Subsection (b), for the purpose of enforcing or
administering this chapter, Chapter 2302 of this code, or Chapter
501 or 502, Transportation Code, a member of the Texas
Transportation Commission, an employee of the Texas Transportation
Commission or Texas Department of Transportation, a member of the
Public Safety Commission, an officer of the Department of Public
Safety, or another peace officer who is interested in tracing or
locating a stolen motor vehicle may at a reasonable time:
(1) enter the premises of a business regulated under
one of those chapters; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under one of those chapters.
(b) For the purposes of tracing or locating a stolen motor
vehicle on the premises of a person engaging in a business or
activity regulated under this chapter who is also licensed under
Chapter 348, Finance Code, only an officer of the Department of
Public Safety may at a reasonable time:
(1) enter the premises of the person's business; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under this chapter or Chapter 348,
Finance Code.
(c) A person engaging in a business or activity regulated
under this chapter shall cooperate with a person conducting an
inspection under this section to assist in the recovery of stolen
motor vehicles and parts and to prevent the sale or transfer of
stolen motor vehicles and parts.
(d) An entry or inspection occurs at a reasonable time for
purposes of Subsection (a) or (b) if the entry or inspection occurs:
(1) during normal business hours of the person or
activity regulated under a chapter listed in Subsection (a) or (b);
or
(2) while an activity regulated under a chapter listed
in Subsection (a) or (b) is occurring on the premises.
SECTION 7. Section 2305.101, Occupations Code, is amended
to read as follows:
Sec. 2305.101. CRIMINAL PENALTY. (a) A person [who
violates this chapter] commits an offense if the person violates
this chapter or a rule adopted under this chapter.
(b) Except as provided by Subsection (c), an [An] offense
under this section is punishable by a fine of not less than $10 and
not more than $100.
(c) An offense under this chapter that consists of the
violation of Section 2305.007 is a Class A misdemeanor.
SECTION 8. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3221 was passed by the House on May
13, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3221 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor