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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the issuance of buyer's temporary |
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tags. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.651(d), Occupations Code, is |
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amended to read as follows: |
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(d) Except as provided by Section 2301.6515, a [A] license |
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may not be denied, revoked, or suspended, and disciplinary action |
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may not be taken under this subchapter, unless the respondent is |
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given an opportunity for a hearing. The board may deny, revoke, or |
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suspend a license or take disciplinary action by order only after |
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the department grants the respondent an opportunity for a hearing. |
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SECTION 2. Subchapter N, Chapter 2301, Occupations Code, is |
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amended by adding Section 2301.6515 to read as follows: |
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Sec. 2301.6515. EMERGENCY SUSPENSION. (a) The board shall |
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temporarily suspend a dealer's license issued under this chapter if |
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the director determines from the evidence or information presented |
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to the director by a law enforcement officer or department employee |
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that the license holder has fraudulently distributed buyer's |
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temporary tags under Section 503.063, Transportation Code. |
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(b) The board may suspend a dealer's license under this |
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section without notice or hearing on the complaint if: |
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(1) action is taken to initiate proceedings for a |
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hearing before the State Office of Administrative Hearings |
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simultaneously with the temporary suspension; and |
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(2) a hearing is held as soon as practicable under this |
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chapter and Chapter 2001, Government Code. |
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(c) The State Office of Administrative Hearings shall hold a |
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preliminary hearing not later than the 14th day after the date of |
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the temporary suspension to determine if there is probable cause to |
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believe that the holder of a dealer's license has fraudulently |
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distributed buyer's temporary tags. A final hearing on the matter |
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shall be held not later than the 61st day after the date of the |
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temporary suspension. |
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(d) The board by rule shall establish procedures for: |
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(1) the presentation to the director by a law |
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enforcement officer or department employee of evidence or |
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information regarding the fraudulent issuance of buyer's temporary |
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tags by the holder of a dealer's license; and |
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(2) the director's expedited determination regarding |
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whether the license holder has fraudulently distributed buyer's |
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temporary tags. |
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SECTION 3. Subchapter C, Chapter 503, Transportation Code, |
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is amended by adding Section 503.0632 to read as follows: |
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Sec. 503.0632. DEPARTMENT MONITORING OF AND LIMITS ON |
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DEALER ISSUANCE OF BUYER'S TEMPORARY TAGS. (a) The department |
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shall establish: |
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(1) the reasonable number of buyer's temporary tags |
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that each dealer may issue in a calendar month; and |
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(2) the maximum number of buyer's temporary tags that |
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each dealer may issue in a calendar year. |
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(b) The department shall monitor in real time the number of |
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buyer's temporary tags issued by a dealer. The department shall |
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immediately review the sales records of a dealer who issues buyer's |
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temporary tags in excess of the number determined by the department |
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under Subsection (a)(1) to determine whether the dealer has |
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fraudulently distributed buyer's temporary tags. |
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(c) Notwithstanding Section 503.0631(c), the department may |
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immediately suspend the access to the buyer's temporary tag |
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database of a dealer who issues buyer's temporary tags in excess of |
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the number determined by the department under Subsection (a)(2). |
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The department by rule shall establish procedures for the |
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reinstatement of access to the buyer's temporary tag database for a |
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dealer whose access is suspended under this subsection. |
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SECTION 4. This Act takes effect September 1, 2021. |