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House Bill 3097 |
House Author: McClendon et al. |
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Effective: See below |
Senate Sponsor: Carona |
House Bill 3097 amends the Transportation Code, as well as the Business & Commerce Code, Code of Criminal Procedure, Family Code, Finance Code, Government Code, Health and Safety Code, Human Resources Code, Local Government Code, Occupations Code, Penal Code, and Tax Code, to create the Texas Department of Motor Vehicles (DMV) and subject it to the Texas Sunset Act. The bill establishes that the DMV is abolished September 1, 2015, unless continued under the act. The bill provides for the DMV to be governed by a nine-member board appointed by the governor with the advice and consent of the senate, and it specifies the composition and terms of the board. The bill requires the governor to appoint board members not later than October 1, 2009. The bill requires the DMV to enforce certain laws, including laws relating to motor vehicle sales and leases, vehicle titles and registration, and motor carrier registration. In accordance with these provisions, the bill provides that the powers and duties of the Motor Vehicle Division, the Vehicle Titles and Registration Division, and the applicable portion of the Motor Carrier Division of the Texas Department of Transportation (TxDOT) are transferred to the DMV on November 1, 2009. The bill amends the Revised Statutes to provide for the transfer of the Automobile Burglary and Theft Prevention Authority from TxDOT to the DMV. The bill authorizes the board to consider and periodically report to the legislature potential statutory changes that would improve the operation of the DMV. The bill requires the DMV transition team established under the bill to report on and make recommendations to the board of the DMV, the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the senate and house committees with jurisdiction over transportation not later than October 1, 2009. In addition to across-the-board sunset provisions, the bill includes conforming changes relating to the transfer of duties and functions from TxDOT or the Texas Transportation Commission to the DMV or the board of the DMV.
House Bill 3097 amends the Occupations Code to add the Texas Used Automotive Parts Recycling Act administered by the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation (TDLR). The bill establishes a five-member advisory board to help TDLR administer and enforce the act. The bill requires the commission to adopt rules not later than January 1, 2010, for licensing used automotive parts recyclers and used automotive parts employees, to provide standards of conduct for license holders, and to establish certain license requirements. Effective September 1, 2010, the bill prohibits a person from owning or operating a used automotive parts recycling business or selling used automotive parts without a license. Also on or after that date, the bill prohibits a person employed by a used automotive parts recycler from acquiring a vehicle or used automotive parts in the scope of employment, and from selling used automotive parts, without a license. Other provisions that take effect September 1, 2010, relate to enforcement of the act. The bill makes it a Class C misdemeanor to violate the licensing requirements of the act, deal in used parts without a license, or employ an individual who does not hold the appropriate license. The bill also establishes certain additional duties of a used automotive parts recycler in connection with ownership of a salvage motor vehicle or motor vehicle component parts. Among other provisions, the bill requires a used automotive parts recycler to keep an accurate and legible record of each used component part purchased by or delivered to the recycler and specifies information that the record must include.
House Bill 3097 takes effect September 1, 2009, except as otherwise provided.