By Kubiak, Bosse H.B. No. 2599
74R5899 PB-F
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 ARTICLE 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, process, scrap, or otherwise deal in
4-6 salvage vehicles.
4-7 (16) "Salvage vehicle record" means the record of
4-8 sales and purchases for each salvage vehicle handled by a salvage
4-9 vehicle dealer.
4-10 Sec. 1.02. POWERS AND DUTIES OF COMMISSION. (a) The Texas
4-11 Transportation Commission shall adopt rules as necessary to
4-12 administer this article and may take other action as necessary to
4-13 enforce this article.
4-14 (b) The commission shall set application fees, license fees,
4-15 renewal fees, and other fees as required to implement this article.
4-16 The commission shall set the fees in amounts reasonable and
4-17 necessary to implement this article.
4-18 Sec. 1.03. DETERMINATION OF ESTIMATED COST OF REPAIR. (a)
4-19 The estimated cost of repair parts shall be determined by using the
4-20 current published retail cost of original manufacturer equipment
4-21 parts or an estimate of the actual cost of the repair parts.
4-22 (b) The estimated labor costs shall be computed by using the
4-23 hourly rate and time allocations that are reasonable and commonly
4-24 assessed in the repair industry in the community in which the
4-25 repairs are performed.
4-26 PART 2. LICENSE REQUIREMENTS
4-27 Sec. 2.01. LICENSE REQUIRED; EXEMPTION. (a) A person may
5-1 not act as an automobile recycler or salvage vehicle dealer,
5-2 including storing or displaying vehicles as an agent or escrow
5-3 agent of an insurance company, unless the person holds:
5-4 (1) a salvage vehicle dealer license issued under this
5-5 article; or
5-6 (2) if the person does not reside in this state, an
5-7 out-of-state salvage vehicle dealer license.
5-8 (b) A person may not act as a salvage vehicle agent unless
5-9 the person holds a salvage vehicle agent license issued under this
5-10 article.
5-11 (c) This article does not apply to an insurance company
5-12 authorized to engage in the business of insurance in this state.
5-13 Sec. 2.02. LICENSE APPLICATION. (a) An applicant for a
5-14 salvage vehicle dealer license must apply on a form prescribed by
5-15 the department. The application form must be signed by the
5-16 applicant and accompanied by the application fee. The application
5-17 must include:
5-18 (1) the name, business address, and business telephone
5-19 number of the applicant;
5-20 (2) the name under which the applicant will do
5-21 business;
5-22 (3) the location, by number, street, and municipality,
5-23 of each office from which the applicant will conduct business;
5-24 (4) a statement indicating whether the applicant has
5-25 previously applied for a license under this article, the result of
5-26 the previous application, and whether the applicant has ever been
5-27 the holder of a license under this article that was revoked or
6-1 suspended;
6-2 (5) a statement of the previous history, record, and
6-3 associations of the applicant to the extent sufficient to
6-4 establish, to the satisfaction of the department, the business
6-5 reputation and character of the applicant;
6-6 (6) the applicant's federal tax identification number,
6-7 if any;
6-8 (7) the applicant's state sales tax number; and
6-9 (8) other information as required by rules adopted
6-10 under this article.
6-11 (b) A license may not be issued in a fictitious name that
6-12 may be confused with or is similar to that of a governmental entity
6-13 or that is otherwise deceptive or misleading to the public.
6-14 Sec. 2.03. ADDITIONAL REQUIREMENTS FOR CORPORATE OR
6-15 PARTNERSHIP LICENSE. (a) If a salvage vehicle dealer license
6-16 applicant intends to engage in business through a corporation, the
6-17 license application must include, in addition to the information
6-18 required under Section 2.02 of this article:
6-19 (1) the state of incorporation;
6-20 (2) the name, address, date of birth, and social
6-21 security number of each of the principal officers and directors of
6-22 the corporation;
6-23 (3) a statement of the previous history, record, and
6-24 associations of each officer and director to the extent sufficient
6-25 to establish, to the satisfaction of the department, the business
6-26 reputation and character of the applicant; and
6-27 (4) a statement showing whether an employee, officer,
7-1 or director has been refused a license as a salvage vehicle dealer
7-2 or has been the holder of a license that was revoked or suspended.
7-3 (b) If the license applicant intends to engage in business
7-4 through a partnership, the license application must include, in
7-5 addition to the information required under Section 2.02 of this
7-6 article:
7-7 (1) the name, address, date of birth, and social
7-8 security number of each owner or partner;
7-9 (2) a statement of the previous history, record, and
7-10 associations of each owner and partner to the extent sufficient to
7-11 establish, to the satisfaction of the department, the business
7-12 reputation and character of the applicant; and
7-13 (3) a statement showing whether a partner, owner, or
7-14 employee has been refused a license as a salvage vehicle dealer or
7-15 has been the holder of a license that was revoked or suspended.
7-16 Sec. 2.04. OUT-OF-STATE DEALER LICENSE. (a) An applicant
7-17 for an out-of-state salvage vehicle dealer license must apply on a
7-18 form prescribed by the department. The form must be signed by the
7-19 applicant. The application requirements for an out-of-state
7-20 salvage vehicle dealer license are the same as those imposed under
7-21 Sections 2.02 and 2.03 of this article.
7-22 (b) An applicant for an out-of-state salvage vehicle dealer
7-23 license must present evidence satisfactory to the department that
7-24 the applicant holds any license required to acquire, sell, or
7-25 otherwise deal in late model salvage vehicles, salvage parts, or
7-26 nonrepairable vehicles in the state in which the primary business
7-27 of the license applicant is located.
8-1 Sec. 2.05. CLASSIFICATION OF LICENSE ENDORSEMENTS. (a) The
8-2 department shall classify salvage vehicle dealers according to the
8-3 type of activity performed by the dealers. A salvage vehicle
8-4 dealer may not engage in activities of a particular classification
8-5 as provided by this article unless the salvage vehicle dealer holds
8-6 a license endorsement under that classification.
8-7 (b) An applicant may apply for a salvage vehicle dealer
8-8 license with an endorsement in one or more of the following
8-9 classifications:
8-10 (1) new automobile dealer;
8-11 (2) used automobile dealer;
8-12 (3) auto recycler or used vehicle parts dealer;
8-13 (4) vehicle scrap metal processor;
8-14 (5) salvage vehicle pool operator;
8-15 (6) salvage vehicle broker; or
8-16 (7) salvage vehicle rebuilder.
8-17 Sec. 2.06. INVESTIGATION. (a) The department may not grant
8-18 a license under this article until the department completes an
8-19 investigation of the applicant's qualifications under this article.
8-20 (b) The department shall conduct the investigation not later
8-21 than the 15th day after the date on which the application is
8-22 received by the department and shall report the results of the
8-23 investigation to the applicant.
8-24 Sec. 2.07. LICENSE ISSUANCE. The department shall issue a
8-25 license to an applicant who meets the license qualifications
8-26 adopted under this article and pays the required fees.
8-27 Sec. 2.08. LICENSE RENEWAL. (a) A license issued under
9-1 this article expires on the first anniversary of the date of
9-2 issuance and may be renewed annually on or before the expiration
9-3 date on payment of the required renewal fee.
9-4 (b) If a license holder fails to renew the license before
9-5 its expiration date, the license holder may renew the license on
9-6 payment of the renewal fee and a late fee set by the commission.
9-7 If the license is not renewed before the first anniversary of the
9-8 date on which the license expired, the license holder must apply
9-9 for a new license in the same manner as an applicant for an initial
9-10 license.
9-11 Sec. 2.09. REGISTRATION OF BUSINESS LOCATIONS. (a) A
9-12 license applicant who intends to operate as a salvage vehicle
9-13 dealer at more than one location must list in the application each
9-14 location at which business is to be conducted.
9-15 (b) Before moving a place of business or opening an
9-16 additional place of business, a salvage vehicle dealer must
9-17 register the new location with the department.
9-18 PART 3. DUTIES OF LICENSE HOLDER
9-19 Sec. 3.01. CERTIFICATE OF TITLE. (a) If a salvage vehicle
9-20 dealer acquires ownership of a late model salvage vehicle from an
9-21 owner, the dealer must receive an assigned certificate of title.
9-22 If the assigned certificate of title is not a salvage certificate
9-23 of title or a nonrepairable certificate of title, the licensed
9-24 salvage vehicle dealer shall, not later than the 10th day after the
9-25 date of receipt of the title, surrender the assigned certificate of
9-26 title to the department and apply for a salvage certificate of
9-27 title or a nonrepairable certificate of title, as appropriate.
10-1 (b) If a late model salvage vehicle or nonrepairable vehicle
10-2 is to be dismantled, scrapped, or destroyed, the salvage vehicle
10-3 dealer shall surrender an assigned certificate of title, salvage
10-4 certificate of title, or nonrepairable certificate of title to the
10-5 department in the manner prescribed by the department not later
10-6 than the 30th day after the date the vehicle is acquired and report
10-7 to the department that the vehicle was dismantled, scrapped, or
10-8 destroyed.
10-9 (c) If the holder of a salvage vehicle dealer license
10-10 acquires ownership of an older model vehicle from an owner and
10-11 receives an assigned certificate of title and the vehicle is to be
10-12 dismantled, scrapped, or destroyed, the license holder shall
10-13 surrender the assigned certificate of title to the department on a
10-14 form prescribed by the department not later than the 30th day after
10-15 the date on which the title is received and present evidence that
10-16 the vehicle was dismantled, scrapped, or destroyed. The license
10-17 holder shall keep a record of the vehicle.
10-18 Sec. 3.02. RECORDS. Each holder of a salvage vehicle dealer
10-19 license shall maintain records of each salvage vehicle and any
10-20 salvage parts purchased by the license holder and shall maintain
10-21 sales records as required by this article.
10-22 Sec. 3.03. AUTHORIZED SALE. (a) A person may not sell,
10-23 transfer, or release a late model salvage vehicle to anyone other
10-24 than:
10-25 (1) a governmental entity;
10-26 (2) the vehicle's former owner; or
10-27 (3) a licensed salvage vehicle dealer.
11-1 (b) A person may not sell, transfer, or release a late model
11-2 nonrepairable vehicle to anyone other than:
11-3 (1) a governmental entity;
11-4 (2) the vehicle's former owner; or
11-5 (3) a licensed salvage vehicle dealer who holds an
11-6 endorsement as:
11-7 (A) an auto recycler or used vehicle parts
11-8 dealer; or
11-9 (B) a scrap metal processor.
11-10 Sec. 3.04. AGENTS. The holder of a salvage vehicle dealer
11-11 license may authorize not more than two persons to operate as
11-12 salvage vehicle agents under the dealer's license. An agent may
11-13 acquire, sell, or otherwise deal in late model salvage vehicles,
11-14 nonrepairable vehicles, or salvage parts as directed by the dealer.
11-15 An agent authorized to operate under this section is entitled to a
11-16 salvage vehicle agent license on application to the department and
11-17 payment of the required fee.
11-18 PART 4. DISCIPLINARY ACTIONS AND PENALTIES
11-19 Sec. 4.01. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
11-20 (a) The department may deny, suspend, revoke, or reinstate a
11-21 license issued under this article.
11-22 (b) The commission shall adopt rules establishing the
11-23 grounds for the denial, suspension, revocation, or reinstatement of
11-24 a license and establishing procedures for disciplinary actions.
11-25 (c) Proceedings relating to the denial, suspension, or
11-26 revocation of a license issued under this article are subject to
11-27 Chapter 2001, Government Code.
12-1 (d) A person whose license is revoked may not apply for a
12-2 new license before the first anniversary of the date of the
12-3 revocation.
12-4 Sec. 4.02. CRIMINAL PENALTY. (a) A person commits an
12-5 offense if the person acts as a salvage vehicle dealer without a
12-6 salvage vehicle dealer license issued under this article.
12-7 (b) A person commits an offense if the person acts as a
12-8 salvage vehicle agent without a salvage vehicle agent license
12-9 issued under this article.
12-10 (c) An offense under this section is a Class A misdemeanor.
12-11 SECTION 2. Chapter 506, Acts of the 57th Legislature,
12-12 Regular Session, 1961 (Article 6687-2, Vernon's Texas Civil
12-13 Statutes), is amended to read as follows:
12-14 Art. 6687-2. <Motor vehicle> salvage Vehicle dealers.
12-15 (a) In this section:
12-16 (1) "Salvage vehicle <Motor vehicle salvage> dealer"
12-17 has the meaning assigned by Article 6687-1A, Revised Statutes
12-18 <means an individual, corporation, association, partnership,
12-19 organization, or other entity engaged in the business of obtaining
12-20 abandoned, wrecked, or junked motor vehicles or motor vehicle parts
12-21 for scrap disposal, resale, repairing, rebuilding, demolition, or
12-22 other form of salvage>.
12-23 (2) "Component part" means the front end assembly or
12-24 tail section of a motor vehicle, the cab of a truck (light or
12-25 heavy), the bed of a one ton or lighter truck, an interior
12-26 component part of a motor vehicle, a special accessory part, or a
12-27 vehicle part that contains or should contain a federal safety
13-1 sticker, motor number, serial number, manufacturer's permanent
13-2 vehicle identification number, or a derivative of a vehicle
13-3 identification number.
13-4 (3) "Front-end assembly" means the hood, right or left
13-5 front fender, grill, bumper, radiator, or radiator support, if two
13-6 or more such parts are assembled together as one unit.
13-7 (4) "Tail section" means the roof, floor pan, right or
13-8 left rear quarter panel, deck lid, or rear bumper, if two or more
13-9 of such parts are assembled together as one unit.
13-10 (5) "Federal safety sticker" means a sticker, label,
13-11 or tag required by 15 U.S.C. Section 1403 or rules adopted under
13-12 that section.
13-13 (6) "Interior component part" means the front or rear
13-14 seat or radio of a motor vehicle.
13-15 (7) "Special accessory part" means the tire, wheel,
13-16 tailgate, or removable glass top of a motor vehicle.
13-17 (8) "Motor vehicle" has the meaning given by
13-18 Subsection (b), Section 2, Uniform Act Regulating Traffic on
13-19 Highways (Article 6701d, Vernon's Texas Civil Statutes).
13-20 (b) A <motor vehicle> salvage vehicle dealer may not receive
13-21 a motor vehicle <described in Subsection (a) of this section,>
13-22 unless the dealer first obtains a certificate of authority, sales
13-23 receipt, or transfer document under Sections 5.04 and 5.10,
13-24 respectively, Article V, Section 1, Chapter 741, Acts of the 67th
13-25 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
13-26 Civil Statutes), or a Certificate of Title showing that there are
13-27 no liens on the vehicle or that all recorded liens have been
14-1 released. On receipt of a vehicle, a <motor vehicle> salvage
14-2 vehicle dealer shall immediately remove any unexpired license
14-3 plates from the motor vehicle and place them in a secure, locked
14-4 place. An inventory list of such plates showing the license
14-5 number, the make, the motor number, and the vehicle identification
14-6 number of the motor vehicle from which such plates were removed
14-7 shall be maintained on forms to be furnished by the Texas <State>
14-8 Department of <Highways and Public> Transportation. Upon demand
14-9 the Certificate of Title or authority, the sales receipt, or
14-10 transfer document, the license plates, and inventory lists shall be
14-11 surrendered to the Texas <State> Department of <Highways and
14-12 Public> Transportation for cancellation. It is further provided
14-13 that all Certificates of Title covering such motor vehicles shall
14-14 be surrendered to the Texas <State> Department of <Highways and
14-15 Public> Transportation for cancellation. It shall thereafter be
14-16 the duty of the Texas <State> Department of <Highways and Public>
14-17 Transportation to furnish a signed receipt for the surrendered
14-18 license plates and Certificates of Title.
14-19 (c) A <motor vehicle> salvage vehicle dealer shall keep an
14-20 accurate and legible inventory of each used component part
14-21 purchased by or delivered to him, as follows:
14-22 (1) date of purchase or delivery;
14-23 (2) name, age, address, sex, and driver's license
14-24 number of the seller;
14-25 (3) the license number of the motor vehicle used to
14-26 deliver the used component part;
14-27 (4) a complete description of the item purchased,
15-1 including the type of material and, if applicable, the make, model,
15-2 color, and size of the item; and
15-3 (5) the vehicle identification number of the motor
15-4 vehicle from which the used component part was removed.
15-5 (d) A <motor vehicle> salvage vehicle dealer is not required
15-6 to keep records under Subsection (c) of this section of:
15-7 (1) interior used component parts or special accessory
15-8 parts on a motor vehicle more than 10 years of age; or
15-9 (2) used component parts delivered by commercial
15-10 freight lines or commercial carriers.
15-11 (e) In lieu of the requirements contained in Subsection (c)
15-12 of this section, a <motor vehicle> salvage vehicle dealer may
15-13 record the name of the dismantler that the motor vehicle or motor
15-14 vehicle part is purchased from and the Texas Certificate of
15-15 Inventory number.
15-16 (f) A <(e) An automobile> salvage vehicle dealer shall keep
15-17 all records required to be kept by this article for one year after
15-18 the date of sale or disposal of the item, and he shall allow an
15-19 inspection of the records by a peace officer at any reasonable
15-20 time. A peace officer may inspect the inventory on the premises of
15-21 the <automobile> salvage vehicle dealer at any reasonable time in
15-22 order to verify, check, or audit the records. A <An automobile>
15-23 salvage vehicle dealer or an employee of the dealer shall allow and
15-24 shall not interfere with a full and complete inspection by a peace
15-25 officer of the inventory, premises, and inventory records of the
15-26 dealer.
15-27 (g) <(f)> If a used component part does not have a vehicle
16-1 identification number or the vehicle identification number has been
16-2 removed or the vehicle identification number of the vehicle from
16-3 which the used component part was removed is not available, a
16-4 <motor vehicle> salvage vehicle dealer shall record the used
16-5 component part or <component> parts on an affidavit bill of sale.
16-6 The form of the affidavit bill of sale shall be prescribed and made
16-7 available by the Texas <State> Department of <Highways and Public>
16-8 Transportation.
16-9 (h) <(g)> A <motor vehicle> salvage vehicle dealer shall
16-10 keep a record required to be kept by this section on a form
16-11 prescribed by the Texas <State> Department of <Highways and Public>
16-12 Transportation. The dealer shall maintain two copies of each
16-13 record for one year after the date of sale or disposal of the item.
16-14 On demand of a peace officer, the dealer shall give a copy of a
16-15 record to the officer.
16-16 (i) <(h)> The Texas <State> Department of <Highways and
16-17 Public> Transportation shall:
16-18 (1) prescribe the form to be used as required by
16-19 Subsection (c) <(e)> of this section; and
16-20 (2) make the form available to <motor vehicle> salvage
16-21 vehicle dealers.
16-22 (j) <(i)> A <motor vehicle> salvage vehicle dealer or an
16-23 employee of the dealer shall allow an inspection of the dealer's
16-24 required inventory records and affidavit bills of sale by a peace
16-25 officer at any reasonable time. A peace officer may inspect the
16-26 inventory on the premises of the dealer at any reasonable time in
16-27 order to verify, check, or audit the records. The dealer or the
17-1 employee shall allow and shall not interfere with a full and
17-2 complete inspection by a peace officer of the inventory, premises,
17-3 and required inventory records and affidavit bills of sale of the
17-4 dealer.
17-5 (k) <(j)> A peace officer may seize, hold, and dispose of
17-6 according to the Code of Criminal Procedure a motor vehicle or part
17-7 thereof which has been stolen or which has been altered so as to
17-8 remove, change, mutilate, or obliterate a permanent vehicle
17-9 identification number, derivative number, motor number, serial
17-10 number, or federal safety sticker.
17-11 (l) <(k)> Except as provided by Subsections (m) <(l)> and
17-12 (o) <(n)> of this section, a person who fails to comply with any
17-13 provision of this section or violates a provision of this section
17-14 commits a Class A misdemeanor.
17-15 (m) <(l)> A person commits an offense if the person commits
17-16 theft as defined by Section 31.03, Penal Code, and the person fails
17-17 to comply with any provision of this section or violates a
17-18 provision of this section in conjunction with the commission of the
17-19 theft.
17-20 (n) <(m)> Except as provided by Subsection (o) <(n)> of this
17-21 section, an offense under Subsection (m) <(l)> of this section is a
17-22 Class A misdemeanor.
17-23 (o) <(n)> If it is shown on the trial of an offense under
17-24 Subsection (m) <(l)> of this section that the defendant has
17-25 previously been convicted of an offense under that subsection, the
17-26 offense is punishable as a felony of the third degree.
17-27 SECTION 3. Article 6687-2a, Revised Statutes, is amended to
18-1 read as follows:
18-2 Art. 6687-2a. INJUNCTION; <MOTOR VEHICLE> SALVAGE VEHICLE
18-3 DEALERS. (a) If a <motor vehicle> salvage vehicle dealer or an
18-4 employee of the dealer acting in the course of his employment is
18-5 convicted of more than one offense under Section 1, Chapter 506,
18-6 Acts of the 57th Legislature, Regular Session, 1961 (Article
18-7 6687-2, Vernon's Texas Civil Statutes), a district attorney of the
18-8 county in which the dealer's salvage business is located may bring
18-9 an action in the county to enjoin the dealer's business operations.
18-10 The proceedings must be brought in the name of the state.
18-11 (b) If judgment is in favor of the petitioner, the court
18-12 shall grant an injunction enjoining the dealer from maintaining or
18-13 participating in the business of a <motor vehicle> salvage vehicle
18-14 dealer for a definite period of time or indefinitely, as determined
18-15 by the court. The judgment must order that the place where the
18-16 dealer's business is located be closed for the same period of time.
18-17 SECTION 4. Subsections (a) and (f), Article 6687-2b, Revised
18-18 Statutes, are amended to read as follows:
18-19 (a) A <motor vehicle> salvage vehicle dealer may not operate
18-20 heavy machinery in a motor vehicle salvage yard between the hours
18-21 of 7 p.m. of one day and 7 a.m. of the following day.
18-22 (f) In this article, "<motor vehicle> salvage vehicle
18-23 dealer" has the meaning assigned by Article 6687-1A, Revised
18-24 Statutes <Section 1, Chapter 506, Acts of the 57th Legislature,
18-25 Regular Session, 1961 (Article 6687-2, Vernon's Texas Civil
18-26 Statutes), and its subsequent amendments>.
18-27 SECTION 5. Subsection (b), Article 6687-2b, Revised
19-1 Statutes, is repealed.
19-2 SECTION 6. A person is not required to hold a license under
19-3 Article 6687-1A, Revised Statutes, as added by this Act, to operate
19-4 as a salvage vehicle dealer until March 1, 1996.
19-5 SECTION 7. (a) Except as provided by Subsection (b) of this
19-6 section, this Act takes effect September 1, 1995.
19-7 (b) Sections 2.01 and 4.02, Article 6687-1A, Revised
19-8 Statutes, as added by this Act, take effect March 1, 1996.
19-9 (c) The Texas Transportation Commission shall adopt rules
19-10 for the regulation of salvage vehicle dealers in this state not
19-11 later than December 1, 1995.
19-12 SECTION 8. The importance of this legislation and the
19-13 crowded condition of the calendars in both houses create an
19-14 emergency and an imperative public necessity that the
19-15 constitutional rule requiring bills to be read on three several
19-16 days in each house be suspended, and this rule is hereby suspended.