74R10482 PB-F
By Kubiak, Bosse H.B. No. 2599
Substitute the following for H.B. No. 2599:
By Price C.S.H.B. No. 2599
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of certain persons dealing
1-3 in salvage vehicles and parts; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-6 amended by adding Article 6687-1a to read as follows:
1-7 Art. 6687-1a. SALVAGE VEHICLE DEALERS
1-8 PART 1. GENERAL PROVISIONS
1-9 Sec. 1.01. DEFINITIONS. In this article:
1-10 (1) "Actual cash value" means the retail dollar value
1-11 of a vehicle.
1-12 (2) "Automobile recycler" means a person who engages
1-13 in the business of dealing in salvage vehicles for the purpose of
1-14 dismantling the vehicles to sell used parts and the resulting scrap
1-15 metal or a person otherwise engaged in the business of acquiring,
1-16 selling, or dealing in salvage parts. The term includes a dealer
1-17 in used motor vehicle parts.
1-18 (3) "Commission" means the Texas Transportation
1-19 Commission.
1-20 (4) "Department" means the Texas Department of
1-21 Transportation.
1-22 (5) "Late model salvage vehicle" means a salvage
1-23 vehicle that was manufactured during the preceding six years,
1-24 including the current model year.
2-1 (6) "Major component part" means one of the following
2-2 parts of a vehicle:
2-3 (A) the engine;
2-4 (B) the transmission;
2-5 (C) the frame;
2-6 (D) the right or left front fender;
2-7 (E) the hood;
2-8 (F) a door allowing entrance to or egress from
2-9 the passenger compartment of the vehicle;
2-10 (G) the front or rear bumper;
2-11 (H) the right or left quarter panel;
2-12 (I) the deck lid, tailgate, or hatchback;
2-13 (J) the cargo box of a pickup truck;
2-14 (K) the cab of a truck; or
2-15 (L) the body of a passenger vehicle.
2-16 (7) "Motor vehicle" has the meaning assigned by the
2-17 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-18 Texas Civil Statutes).
2-19 (8) "Nonrepairable vehicle" means:
2-20 (A) a vehicle that is damaged or missing a major
2-21 component part to the extent that the total estimated cost of
2-22 repairs to rebuild or reconstruct the vehicle, including parts and
2-23 labor, is equal to or greater than an amount equal to 95 percent of
2-24 the actual cash value of the vehicle in its predamaged condition;
2-25 or
2-26 (B) a vehicle that comes into this state with a
2-27 nonrepairable vehicle certificate of title or other comparable
3-1 certificate of title.
3-2 (9) "Nonrepairable vehicle certificate of title" means
3-3 any document issued by the department that evidences ownership of a
3-4 nonrepairable vehicle.
3-5 (10) "Person" means an individual, partnership,
3-6 corporation, trust, association, or other private legal entity.
3-7 (11) "Salvage part" means a major component part of a
3-8 late model salvage vehicle that is serviceable to the extent that
3-9 it can be reused.
3-10 (12) "Salvage vehicle" means:
3-11 (A) a motor vehicle with a major component part
3-12 that is damaged or missing to the extent that the total estimated
3-13 cost of repairs to rebuild or reconstruct the vehicle, including
3-14 parts and labor, is equal to or greater than an amount equal to 75
3-15 percent of the actual cash value of the vehicle in its predamaged
3-16 condition; or
3-17 (B) a damaged vehicle that comes into this state
3-18 under a salvage vehicle certificate of title or other comparable
3-19 certificate of title.
3-20 (13) "Salvage vehicle agent" means a person employed
3-21 by a licensed salvage vehicle dealer to acquire, sell, or otherwise
3-22 deal in late model salvage vehicles or salvage parts in this state.
3-23 (14) "Salvage vehicle certificate of title" means any
3-24 document issued by the department that evidences ownership of a
3-25 salvage vehicle.
3-26 (15) "Salvage vehicle dealer" means a person who is
3-27 engaged in this state in the business of acquiring, selling, or
4-1 otherwise dealing in salvage vehicles or vehicle parts of a type
4-2 required to be covered by a salvage vehicle certificate of title or
4-3 nonrepairable vehicle certificate of title under a license issued
4-4 by the department that allows the holder of the license to acquire,
4-5 sell, dismantle, repair, or otherwise deal in salvage vehicles.
4-6 (16) "Salvage vehicle record" means the record of
4-7 sales and purchases for each salvage vehicle handled by a salvage
4-8 vehicle dealer.
4-9 Sec. 1.02. POWERS AND DUTIES OF COMMISSION. (a) The Texas
4-10 Transportation Commission shall adopt rules as necessary to
4-11 administer this article and may take other action as necessary to
4-12 enforce this article.
4-13 (b) The commission shall set application fees, license fees,
4-14 renewal fees, and other fees as required to implement this article.
4-15 The commission shall set the fees in amounts reasonable and
4-16 necessary to implement this article.
4-17 Sec. 1.03. DETERMINATION OF ESTIMATED COST OF REPAIR. (a)
4-18 The estimated cost of repair parts shall be determined by using the
4-19 current published retail cost of original manufacturer equipment
4-20 parts or an estimate of the actual cost of the repair parts.
4-21 (b) The estimated labor costs shall be computed by using the
4-22 hourly rate and time allocations that are reasonable and commonly
4-23 assessed in the repair industry in the community in which the
4-24 repairs are performed.
4-25 PART 2. LICENSE REQUIREMENTS
4-26 Sec. 2.01. LICENSE REQUIRED; EXEMPTIONS. (a) A person may
4-27 not act as an automobile recycler or salvage vehicle dealer,
5-1 including storing or displaying vehicles as an agent or escrow
5-2 agent of an insurance company, unless the person holds:
5-3 (1) a salvage vehicle dealer license issued under this
5-4 article; or
5-5 (2) if the person does not reside in this state, an
5-6 out-of-state salvage vehicle dealer license.
5-7 (b) A person may not act as a salvage vehicle agent unless
5-8 the person holds a salvage vehicle agent license issued under this
5-9 article.
5-10 (c) This article does not apply to an insurance company
5-11 authorized to engage in the business of insurance in this state.
5-12 (d) This article does not apply to, and does not preclude or
5-13 prohibit any sales to, purchases by, or other transactions by or
5-14 with, a person described by Subsection (g), Article 6687-2b,
5-15 Revised Statutes, except as provided by Subsection (e) or (f) of
5-16 this section.
5-17 (e) A person described by Subsection (g), Article 6687-2b,
5-18 Revised Statutes, shall submit to the department the certificate of
5-19 title or equivalent document that the person receives in
5-20 conjunction with the purchase of a motor vehicle not later than the
5-21 60th day after the date of receipt of the certificate of title or
5-22 equivalent document.
5-23 (f) This article applies to a transaction with a person
5-24 described by Subsection (g), Article 6687-2b, Revised Statutes, in
5-25 which a motor vehicle is sold or delivered to the person for the
5-26 purpose of reuse or resale as a motor vehicle or as motor vehicle
5-27 parts if the motor vehicle is so used.
6-1 Sec. 2.02. LICENSE APPLICATION. (a) An applicant for a
6-2 salvage vehicle dealer license must apply on a form prescribed by
6-3 the department. The application form must be signed by the
6-4 applicant and accompanied by the application fee. The application
6-5 must include:
6-6 (1) the name, business address, and business telephone
6-7 number of the applicant;
6-8 (2) the name under which the applicant will do
6-9 business;
6-10 (3) the location, by number, street, and municipality,
6-11 of each office from which the applicant will conduct business;
6-12 (4) a statement indicating whether the applicant has
6-13 previously applied for a license under this article, the result of
6-14 the previous application, and whether the applicant has ever been
6-15 the holder of a license under this article that was revoked or
6-16 suspended;
6-17 (5) a statement of the previous history, record, and
6-18 associations of the applicant to the extent sufficient to
6-19 establish, to the satisfaction of the department, the business
6-20 reputation and character of the applicant;
6-21 (6) the applicant's federal tax identification number,
6-22 if any;
6-23 (7) the applicant's state sales tax number; and
6-24 (8) other information as required by rules adopted
6-25 under this article.
6-26 (b) A license may not be issued in a fictitious name that
6-27 may be confused with or is similar to that of a governmental entity
7-1 or that is otherwise deceptive or misleading to the public.
7-2 Sec. 2.03. ADDITIONAL REQUIREMENTS FOR CORPORATE OR
7-3 PARTNERSHIP LICENSE. (a) If a salvage vehicle dealer license
7-4 applicant intends to engage in business through a corporation, the
7-5 license application must include, in addition to the information
7-6 required under Section 2.02 of this article:
7-7 (1) the state of incorporation;
7-8 (2) the name, address, date of birth, and social
7-9 security number of each of the principal officers and directors of
7-10 the corporation;
7-11 (3) a statement of the previous history, record, and
7-12 associations of each officer and director to the extent sufficient
7-13 to establish, to the satisfaction of the department, the business
7-14 reputation and character of the applicant; and
7-15 (4) a statement showing whether an employee, officer,
7-16 or director has been refused a license as a salvage vehicle dealer
7-17 or has been the holder of a license that was revoked or suspended.
7-18 (b) If the license applicant intends to engage in business
7-19 through a partnership, the license application must include, in
7-20 addition to the information required under Section 2.02 of this
7-21 article:
7-22 (1) the name, address, date of birth, and social
7-23 security number of each owner or partner;
7-24 (2) a statement of the previous history, record, and
7-25 associations of each owner and partner to the extent sufficient to
7-26 establish, to the satisfaction of the department, the business
7-27 reputation and character of the applicant; and
8-1 (3) a statement showing whether a partner, owner, or
8-2 employee has been refused a license as a salvage vehicle dealer or
8-3 has been the holder of a license that was revoked or suspended.
8-4 Sec. 2.04. OUT-OF-STATE DEALER LICENSE. (a) An applicant
8-5 for an out-of-state salvage vehicle dealer license must apply on a
8-6 form prescribed by the department. The form must be signed by the
8-7 applicant. The application requirements for an out-of-state
8-8 salvage vehicle dealer license are the same as those imposed under
8-9 Sections 2.02 and 2.03 of this article.
8-10 (b) An applicant for an out-of-state salvage vehicle dealer
8-11 license must present evidence satisfactory to the department that
8-12 the applicant holds any license required to acquire, sell, or
8-13 otherwise deal in late model salvage vehicles, salvage parts, or
8-14 nonrepairable vehicles in the state in which the primary business
8-15 of the license applicant is located.
8-16 Sec. 2.05. CLASSIFICATION OF LICENSE ENDORSEMENTS. (a) The
8-17 department shall classify salvage vehicle dealers according to the
8-18 type of activity performed by the dealers. A salvage vehicle
8-19 dealer may not engage in activities of a particular classification
8-20 as provided by this article unless the salvage vehicle dealer holds
8-21 a license endorsement under that classification.
8-22 (b) An applicant may apply for a salvage vehicle dealer
8-23 license with an endorsement in one or more of the following
8-24 classifications:
8-25 (1) new automobile dealer;
8-26 (2) used automobile dealer;
8-27 (3) used vehicle parts dealer;
9-1 (4) salvage vehicle pool operator;
9-2 (5) salvage vehicle broker; or
9-3 (6) salvage vehicle rebuilder.
9-4 Sec. 2.06. INVESTIGATION. (a) The department may not grant
9-5 a license under this article until the department completes an
9-6 investigation of the applicant's qualifications under this article.
9-7 (b) The department shall conduct the investigation not later
9-8 than the 15th day after the date on which the application is
9-9 received by the department and shall report the results of the
9-10 investigation to the applicant.
9-11 Sec. 2.07. LICENSE ISSUANCE. The department shall issue a
9-12 license to an applicant who meets the license qualifications
9-13 adopted under this article and pays the required fees.
9-14 Sec. 2.08. LICENSE RENEWAL. (a) A license issued under
9-15 this article expires on the first anniversary of the date of
9-16 issuance and may be renewed annually on or before the expiration
9-17 date on payment of the required renewal fee.
9-18 (b) If a license holder fails to renew the license before
9-19 its expiration date, the license holder may renew the license on
9-20 payment of the renewal fee and a late fee set by the commission.
9-21 If the license is not renewed before the first anniversary of the
9-22 date on which the license expired, the license holder must apply
9-23 for a new license in the same manner as an applicant for an initial
9-24 license.
9-25 Sec. 2.09. REGISTRATION OF BUSINESS LOCATIONS. (a) A
9-26 license applicant who intends to operate as a salvage vehicle
9-27 dealer at more than one location must list in the application each
10-1 location at which business is to be conducted.
10-2 (b) Before moving a place of business or opening an
10-3 additional place of business, a salvage vehicle dealer must
10-4 register the new location with the department.
10-5 PART 3. DUTIES OF LICENSE HOLDER
10-6 Sec. 3.01. CERTIFICATE OF TITLE. (a) If a salvage vehicle
10-7 dealer acquires ownership of a late model salvage vehicle from an
10-8 owner, the dealer must receive an assigned certificate of title.
10-9 If the assigned certificate of title is not a salvage vehicle
10-10 certificate of title or a nonrepairable vehicle certificate of
10-11 title, the licensed salvage vehicle dealer shall, not later than
10-12 the 10th day after the date of receipt of the title, surrender the
10-13 assigned certificate of title to the department and apply for a
10-14 salvage vehicle certificate of title or a nonrepairable vehicle
10-15 certificate of title, as appropriate.
10-16 (b) If a late model salvage vehicle or nonrepairable vehicle
10-17 is to be dismantled, scrapped, or destroyed, the salvage vehicle
10-18 dealer shall surrender an assigned certificate of title, salvage
10-19 vehicle certificate of title, or nonrepairable vehicle certificate
10-20 of title to the department in the manner prescribed by the
10-21 department not later than the 30th day after the date the vehicle
10-22 is acquired and report to the department that the vehicle was
10-23 dismantled, scrapped, or destroyed.
10-24 (c) If the holder of a salvage vehicle dealer license
10-25 acquires ownership of an older model vehicle from an owner and
10-26 receives an assigned certificate of title and the vehicle is to be
10-27 dismantled, scrapped, or destroyed, the license holder shall
11-1 surrender the assigned certificate of title to the department on a
11-2 form prescribed by the department not later than the 30th day after
11-3 the date on which the title is received and present evidence that
11-4 the vehicle was dismantled, scrapped, or destroyed. The license
11-5 holder shall keep a record of the vehicle.
11-6 Sec. 3.02. RECORDS. Each holder of a salvage vehicle dealer
11-7 license shall maintain records of each salvage vehicle and any
11-8 salvage parts purchased by the license holder and shall maintain
11-9 sales records as required by this article.
11-10 Sec. 3.03. AUTHORIZED SALE. (a) A person may not sell,
11-11 transfer, or release a late model salvage vehicle to anyone other
11-12 than:
11-13 (1) a governmental entity;
11-14 (2) the vehicle's former owner; or
11-15 (3) a licensed salvage vehicle dealer.
11-16 (b) A person may not sell, transfer, or release a late model
11-17 nonrepairable vehicle to anyone other than:
11-18 (1) a governmental entity;
11-19 (2) the vehicle's former owner; or
11-20 (3) a licensed salvage vehicle dealer who holds an
11-21 endorsement as a used vehicle parts dealer.
11-22 Sec. 3.04. AGENTS. The holder of a salvage vehicle dealer
11-23 license may authorize not more than two persons to operate as
11-24 salvage vehicle agents under the dealer's license. An agent may
11-25 acquire, sell, or otherwise deal in late model salvage vehicles,
11-26 nonrepairable vehicles, or salvage parts as directed by the dealer.
11-27 An agent authorized to operate under this section is entitled to a
12-1 salvage vehicle agent license on application to the department and
12-2 payment of the required fee.
12-3 PART 4. DISCIPLINARY ACTIONS AND PENALTIES
12-4 Sec. 4.01. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
12-5 (a) The department may deny, suspend, revoke, or reinstate a
12-6 license issued under this article.
12-7 (b) The commission shall adopt rules establishing the
12-8 grounds for the denial, suspension, revocation, or reinstatement of
12-9 a license and establishing procedures for disciplinary actions.
12-10 (c) Proceedings relating to the denial, suspension, or
12-11 revocation of a license issued under this article are subject to
12-12 Chapter 2001, Government Code.
12-13 (d) A person whose license is revoked may not apply for a
12-14 new license before the first anniversary of the date of the
12-15 revocation.
12-16 Sec. 4.02. CRIMINAL PENALTY. (a) A person commits an
12-17 offense if the person acts as a salvage vehicle dealer without a
12-18 salvage vehicle dealer license issued under this article.
12-19 (b) A person commits an offense if the person acts as a
12-20 salvage vehicle agent without a salvage vehicle agent license
12-21 issued under this article.
12-22 (c) An offense under this section is a Class A misdemeanor.
12-23 SECTION 2. Section 1, Chapter 506, Acts of the 57th
12-24 Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
12-25 Civil Statutes), is amended to read as follows:
12-26 Sec. 1. SALVAGE VEHICLE DEALERS. (a) In this section:
12-27 (1) "Salvage vehicle <Motor vehicle salvage> dealer"
13-1 has the meaning assigned by Article 6687-1a, Revised Statutes
13-2 <means an individual, corporation, association, partnership,
13-3 organization, or other entity engaged in the business of obtaining
13-4 abandoned, wrecked, or junked motor vehicles or motor vehicle parts
13-5 for scrap disposal, resale, repairing, rebuilding, demolition, or
13-6 other form of salvage>.
13-7 (2) "Component part" means the front end assembly or
13-8 tail section of a motor vehicle, the cab of a truck (light or
13-9 heavy), the bed of a one ton or lighter truck, an interior
13-10 component part of a motor vehicle, a special accessory part, or a
13-11 vehicle part that contains or should contain a federal safety
13-12 sticker, motor number, serial number, manufacturer's permanent
13-13 vehicle identification number, or a derivative of a vehicle
13-14 identification number.
13-15 (3) "Front-end assembly" means the hood, right or left
13-16 front fender, grill, bumper, radiator, or radiator support, if two
13-17 or more such parts are assembled together as one unit.
13-18 (4) "Tail section" means the roof, floor pan, right or
13-19 left rear quarter panel, deck lid, or rear bumper, if two or more
13-20 of such parts are assembled together as one unit.
13-21 (5) "Federal safety sticker" means a sticker, label,
13-22 or tag required by 49 U.S.C. Section 30115 <15 U.S.C. Section 1403>
13-23 or rules adopted under that section.
13-24 (6) "Interior component part" means the front or rear
13-25 seat or radio of a motor vehicle.
13-26 (7) "Special accessory part" means the tire, wheel,
13-27 tailgate, or removable glass top of a motor vehicle.
14-1 (8) "Motor vehicle" has the meaning given by
14-2 Subsection (b), Section 2, Uniform Act Regulating Traffic on
14-3 Highways (Article 6701d, Vernon's Texas Civil Statutes).
14-4 (b) A <motor vehicle> salvage vehicle dealer may not receive
14-5 a motor vehicle <described in Subsection (a) of this section,>
14-6 unless the dealer first obtains a certificate of authority, sales
14-7 receipt, or transfer document under Sections 5.04 and 5.10,
14-8 respectively, Article V, Section 1, Chapter 741, Acts of the 67th
14-9 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
14-10 Civil Statutes), or a Certificate of Title showing that there are
14-11 no liens on the vehicle or that all recorded liens have been
14-12 released. On receipt of a vehicle, a <motor vehicle> salvage
14-13 vehicle dealer shall immediately remove any unexpired license
14-14 plates from the motor vehicle and place them in a secure, locked
14-15 place. An inventory list of such plates showing the license
14-16 number, the make, the motor number, and the vehicle identification
14-17 number of the motor vehicle from which such plates were removed
14-18 shall be maintained on forms to be furnished by the Texas <State>
14-19 Department of <Highways and Public> Transportation. Upon demand
14-20 the Certificate of Title or authority, the sales receipt, or
14-21 transfer document, the license plates, and inventory lists shall be
14-22 surrendered to the Texas <State> Department of <Highways and
14-23 Public> Transportation for cancellation. It is further provided
14-24 that all Certificates of Title covering such motor vehicles shall
14-25 be surrendered to the Texas <State> Department of <Highways and
14-26 Public> Transportation for cancellation. It shall thereafter be
14-27 the duty of the Texas <State> Department of <Highways and Public>
15-1 Transportation to furnish a signed receipt for the surrendered
15-2 license plates and Certificates of Title.
15-3 (c) A <motor vehicle> salvage vehicle dealer shall keep an
15-4 accurate and legible inventory of each used component part
15-5 purchased by or delivered to him, as follows:
15-6 (1) date of purchase or delivery;
15-7 (2) name, age, address, sex, and driver's license
15-8 number of the seller;
15-9 (3) the license number of the motor vehicle used to
15-10 deliver the used component part;
15-11 (4) a complete description of the item purchased,
15-12 including the type of material and, if applicable, the make, model,
15-13 color, and size of the item; and
15-14 (5) the vehicle identification number of the motor
15-15 vehicle from which the used component part was removed.
15-16 (d) A <motor vehicle> salvage vehicle dealer is not required
15-17 to keep records under Subsection (c) of this section of:
15-18 (1) interior used component parts or special accessory
15-19 parts on a motor vehicle more than 10 years of age; or
15-20 (2) used component parts delivered by commercial
15-21 freight lines or commercial carriers.
15-22 (e) In lieu of the requirements contained in Subsection (c)
15-23 of this section, a <motor vehicle> salvage vehicle dealer may
15-24 record the name of the dismantler that the motor vehicle or motor
15-25 vehicle part is purchased from and the Texas Certificate of
15-26 Inventory number.
15-27 (f) A <(e) An automobile> salvage vehicle dealer shall keep
16-1 all records required to be kept by this article for one year after
16-2 the date of sale or disposal of the item, and he shall allow an
16-3 inspection of the records by a peace officer at any reasonable
16-4 time. A peace officer may inspect the inventory on the premises of
16-5 the <automobile> salvage vehicle dealer at any reasonable time in
16-6 order to verify, check, or audit the records. A <An automobile>
16-7 salvage vehicle dealer or an employee of the dealer shall allow and
16-8 shall not interfere with a full and complete inspection by a peace
16-9 officer of the inventory, premises, and inventory records of the
16-10 dealer.
16-11 (g) <(f)> If a used component part does not have a vehicle
16-12 identification number or the vehicle identification number has been
16-13 removed or the vehicle identification number of the vehicle from
16-14 which the used component part was removed is not available, a
16-15 <motor vehicle> salvage vehicle dealer shall record the used
16-16 component part or <component> parts on an affidavit bill of sale.
16-17 The form of the affidavit bill of sale shall be prescribed and made
16-18 available by the Texas <State> Department of <Highways and Public>
16-19 Transportation.
16-20 (h) <(g)> A <motor vehicle> salvage vehicle dealer shall
16-21 keep a record required to be kept by this section on a form
16-22 prescribed by the Texas <State> Department of <Highways and Public>
16-23 Transportation. The dealer shall maintain two copies of each
16-24 record for one year after the date of sale or disposal of the item.
16-25 On demand of a peace officer, the dealer shall give a copy of a
16-26 record to the officer.
16-27 (i) <(h)> The Texas <State> Department of <Highways and
17-1 Public> Transportation shall:
17-2 (1) prescribe the form to be used as required by
17-3 Subsection (c) <(e)> of this section; and
17-4 (2) make the form available to <motor vehicle> salvage
17-5 vehicle dealers.
17-6 (j) <(i)> A <motor vehicle> salvage vehicle dealer or an
17-7 employee of the dealer shall allow an inspection of the dealer's
17-8 required inventory records and affidavit bills of sale by a peace
17-9 officer at any reasonable time. A peace officer may inspect the
17-10 inventory on the premises of the dealer at any reasonable time in
17-11 order to verify, check, or audit the records. The dealer or the
17-12 employee shall allow and shall not interfere with a full and
17-13 complete inspection by a peace officer of the inventory, premises,
17-14 and required inventory records and affidavit bills of sale of the
17-15 dealer.
17-16 (k) <(j)> A peace officer may seize, hold, and dispose of
17-17 according to the Code of Criminal Procedure a motor vehicle or part
17-18 thereof which has been stolen or which has been altered so as to
17-19 remove, change, mutilate, or obliterate a permanent vehicle
17-20 identification number, derivative number, motor number, serial
17-21 number, or federal safety sticker.
17-22 (l) <(k)> Except as provided by Subsections (m) <(l)> and
17-23 (o) <(n)> of this section, a person who fails to comply with any
17-24 provision of this section or violates a provision of this section
17-25 commits a Class A misdemeanor.
17-26 (m) <(l)> A person commits an offense if the person commits
17-27 theft as defined by Section 31.03, Penal Code, and the person fails
18-1 to comply with any provision of this section or violates a
18-2 provision of this section in conjunction with the commission of the
18-3 theft.
18-4 (n) <(m)> Except as provided by Subsection (o) <(n)> of this
18-5 section, an offense under Subsection (m) <(l)> of this section is a
18-6 Class A misdemeanor.
18-7 (o) <(n)> If it is shown on the trial of an offense under
18-8 Subsection (m) <(l)> of this section that the defendant has
18-9 previously been convicted of an offense under that subsection, the
18-10 offense is punishable as a felony of the third degree.
18-11 SECTION 3. Article 6687-2a, Revised Statutes, is amended to
18-12 read as follows:
18-13 Art. 6687-2a. INJUNCTION; <MOTOR VEHICLE> SALVAGE VEHICLE
18-14 DEALERS. (a) If a <motor vehicle> salvage vehicle dealer or an
18-15 employee of the dealer acting in the course of his employment is
18-16 convicted of more than one offense under Section 1, Chapter 506,
18-17 Acts of the 57th Legislature, Regular Session, 1961 (Article
18-18 6687-2, Vernon's Texas Civil Statutes), a district attorney of the
18-19 county in which the dealer's salvage business is located may bring
18-20 an action in the county to enjoin the dealer's business operations.
18-21 The proceedings must be brought in the name of the state.
18-22 (b) If judgment is in favor of the petitioner, the court
18-23 shall grant an injunction enjoining the dealer from maintaining or
18-24 participating in the business of a <motor vehicle> salvage vehicle
18-25 dealer for a definite period of time or indefinitely, as determined
18-26 by the court. The judgment must order that the place where the
18-27 dealer's business is located be closed for the same period of time.
19-1 SECTION 4. Subsections (a) and (f), Article 6687-2b, Revised
19-2 Statutes, are amended to read as follows:
19-3 (a) A <motor vehicle> salvage vehicle dealer may not operate
19-4 heavy machinery in a motor vehicle salvage yard between the hours
19-5 of 7 p.m. of one day and 7 a.m. of the following day.
19-6 (f) In this article, "<motor vehicle> salvage vehicle
19-7 dealer" has the meaning assigned by Article 6687-1a, Revised
19-8 Statutes <Section 1, Chapter 506, Acts of the 57th Legislature,
19-9 Regular Session, 1961 (Article 6687-2, Vernon's Texas Civil
19-10 Statutes), and its subsequent amendments>.
19-11 SECTION 5. Subsection (b), Article 6687-2b, Revised
19-12 Statutes, is repealed.
19-13 SECTION 6. A person is not required to hold a license under
19-14 Article 6687-1a, Revised Statutes, as added by this Act, to operate
19-15 as a salvage vehicle dealer until March 1, 1996.
19-16 SECTION 7. (a) Except as provided by Subsection (b) of this
19-17 section, this Act takes effect September 1, 1995.
19-18 (b) Sections 2.01 and 4.02, Article 6687-1a, Revised
19-19 Statutes, as added by this Act, take effect March 1, 1996.
19-20 (c) The Texas Transportation Commission shall adopt rules
19-21 for the regulation of salvage vehicle dealers in this state not
19-22 later than December 1, 1995.
19-23 SECTION 8. The importance of this legislation and the
19-24 crowded condition of the calendars in both houses create an
19-25 emergency and an imperative public necessity that the
19-26 constitutional rule requiring bills to be read on three several
19-27 days in each house be suspended, and this rule is hereby suspended.