By:  Bernsen                                          S.B. No. 1694
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the transfer of the Motor Vehicle Board, together with
 1-2     its functions and duties, from the Texas Department of
 1-3     Transportation to the status of independent agency.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.03, Texas Motor Vehicle Commission Code
 1-6     (Article 4413(36), Vernon's Texas Civil Statutes), is amended to
 1-7     read as follows:
 1-8           Section 1.03.  Definitions.  In this Act:
 1-9                       (1)  "Ambulance" means a vehicle used exclusively
1-10     for providing emergency medical care to an injured or ill person or
1-11     transporting an injured or ill person, if the vehicle provides:
1-12                             (A)  a driver's compartment;
1-13                             (B)  a compartment to accommodate an
1-14     emergency medical care technician or paramedic and two injured or
1-15     ill persons so positioned that one of the injured or ill persons
1-16     can be given intensive life-support during transit;
1-17                             (C)  equipment and supplies for emergency
1-18     care of an injured or ill person where the ill person is located or
1-19     at the scene of an injury-producing incident as well as in transit;
1-20                             (D)  two-way radio communication
1-21     capability; and
1-22                             (E)  equipment for light rescue or
 2-1     extrication procedures.
 2-2                       (2)  "Board" means the Texas Motor Vehicle Board
 2-3     [of the Texas Department of Transportation].
 2-4                       (3)  "Broker" means a person who, for a fee,
 2-5     commission, or other valuable consideration, arranges or offers to
 2-6     arrange a transaction involving the sale, for purposes other than
 2-7     resale, of a new motor vehicle, and who is not:
 2-8                             (A)  a franchised dealer or bona fide
 2-9     employee of a franchised dealer when acting on behalf of a
2-10     franchised dealer;
2-11                             (B)  a representative or bona fide employee
2-12     of a representative when acting on behalf of a representative;
2-13                             (C)  a distributor or bona fide employee of
2-14     a distributor when acting on behalf of a distributor; or
2-15                             (D)  at any point in the transaction the
2-16     bona fide owner of the vehicle involved in the transaction.
2-17                       (4)  "Chassis manufacturer" means a person who
2-18     manufactures and produces the frame upon which is mounted the body
2-19     of a motor vehicle.
2-20                       (5)  "Conversion" means a motor vehicle, other
2-21     than a motor home, ambulance, or fire-fighting vehicle, which has
2-22     been substantially modified by a person other than the manufacturer
2-23     or distributor of the chassis of the motor vehicle and which has
2-24     not been the subject of a retail sale.
2-25                       (6)  "Converter" means a person who prior to the
2-26     retail sale of a motor vehicle, assembles, installs, or affixes a
 3-1     body, cab, or special equipment to a chassis, or who substantially
 3-2     adds, subtracts from, or modifies a previously assembled or
 3-3     manufactured motor vehicle.
 3-4                       (7)  "Dealer" means a person who holds a general
 3-5     distinguishing number issued by the board [Department] pursuant to
 3-6     the terms of Chapter 503, Transportation Code.
 3-7                       (8)  "Dealership" means the physical premises and
 3-8     business facilities on which a franchised dealer operates his
 3-9     business, including the sale and repair of motor vehicles.  The
3-10     term includes premises or facilities at which a person engages only
3-11     in the repair of motor vehicles if repairs are performed pursuant
3-12     to the terms of a franchise and a motor vehicle manufacturer's
3-13     warranty.
3-14                       (9)  "Department" means the Texas Department of
3-15     Transportation.
3-16                       (10)  "Director" means the director of the board.
3-17                       (11)  "Distributor" means any person who
3-18     distributes and/or sells new motor vehicles to franchised dealers
3-19     and who is not a manufacturer.
3-20                       (12)  "Executive Director" means the Executive
3-21     Director of the Texas Department of Transportation.
3-22                       (13)  "Fire-fighting vehicle" means a motor
3-23     vehicle which has as its sole purpose transporting fire fighters to
3-24     the scene of a fire and providing equipment to fight the fire, if
3-25     the vehicle is built on a truck chassis with a gross carrying
3-26     capacity of at least 10,000 pounds, to which the following have
 4-1     been permanently affixed or mounted:
 4-2                             (A)  a water tank with a minimum combined
 4-3     capacity of 500 gallons; and
 4-4                             (B)  a centrifugal water pump with a
 4-5     minimum capacity of not less than 750 gallons per minute at 150
 4-6     pounds per square inch net pump pressure.
 4-7                       (14)  "Franchise" means one or more contracts
 4-8     between a franchised dealer as franchisee, and either a
 4-9     manufacturer or a distributor as franchisor under which (A) the
4-10     franchisee is granted the right to sell and service new motor
4-11     vehicles manufactured or distributed by the franchisor or only
4-12     service motor vehicles pursuant to the terms of a franchise and a
4-13     manufacturer's warranty; (B) the franchisee as an independent
4-14     business is a component of franchisor's distribution system; (C)
4-15     the franchisee is substantially associated with franchisor's
4-16     trademark, tradename and commercial symbol; (D) the franchisee's
4-17     business is substantially reliant on franchisor for a continued
4-18     supply of motor vehicles, parts, and accessories for the conduct of
4-19     its business; or (E) any right, duty, or obligation granted or
4-20     imposed by this Act is affected.  The term includes a written
4-21     communication from a franchisor to a franchisee by which a duty is
4-22     imposed on the franchisee.
4-23                       (15)  "Franchised dealer" means any person who
4-24     holds a franchised motor vehicle dealer's general distinguishing
4-25     number issued by the board [Department] pursuant to the terms of
4-26     Chapter 503, Transportation Code, and who is engaged in the
 5-1     business of buying, selling, or exchanging new motor vehicles and
 5-2     servicing or repairing motor vehicles pursuant to the terms of a
 5-3     franchise and a manufacturer's warranty at an established and
 5-4     permanent place of business pursuant to a franchise in effect with
 5-5     a manufacturer or distributor.
 5-6                       (16)  "General distinguishing number" means a
 5-7     dealer license issued by the board [Department] pursuant to the
 5-8     terms of Chapter 503, Transportation Code.
 5-9                       (17)  "Lease" means a transfer of the right to
5-10     possession and use of a motor vehicle for a term in excess of 180
5-11     days in return for consideration.
5-12                       (18)  "Lease facilitator" means a person, other
5-13     than a dealer or a bona fide employee of a dealer, or a vehicle
5-14     lessor or a bona fide employee of a vehicle lessor, who:
5-15                             (A)  holds himself out to any person as a
5-16     "motor vehicle leasing company" or "motor vehicle leasing agent" or
5-17     uses a similar title, for the purpose of soliciting or procuring a
5-18     person to enter into a contract or agreement to become the lessee
5-19     of a vehicle that is not, and will not be, titled in the name of
5-20     and registered to the lease facilitator; or
5-21                             (B)  otherwise solicits a person to enter
5-22     into a contract or agreement to become a lessee of a vehicle that
5-23     is not, and will not be, titled in the name of and registered to
5-24     the lease facilitator, or who is otherwise engaged in the business
5-25     of securing lessees or prospective lessees of motor vehicles that
5-26     are not, and will not be, titled in the name of and registered to
 6-1     the facilitator.
 6-2                       (19)  "Lessor" means a person who acquires title
 6-3     to a motor vehicle for the purpose of leasing the vehicle to
 6-4     another person.
 6-5                       (20)  "Licensee" means a person who holds a
 6-6     license or general distinguishing number issued by the Board under
 6-7     the terms of this Act or Chapter 503, Transportation Code.
 6-8                       (21)  "Manufacturer" means any person who
 6-9     manufactures or assembles new motor vehicles either within or
6-10     without this State.
6-11                       (22)  "Manufacturer's statement of origin" means
6-12     a certificate on a form prescribed by the board [Department]
6-13     showing the original transfer of a new motor vehicle from the
6-14     manufacturer to the original purchaser.
6-15                       (23)  "Motor home" means a motor vehicle which is
6-16     designed to provide temporary living quarters and which:
6-17                             (A)  is built onto as an integral part of,
6-18     or is permanently attached to, a motor vehicle chassis; and
6-19                             (B)  contains at least four of the
6-20     following independent life support systems if each is permanently
6-21     installed and designed to be removed only for purposes of repair or
6-22     replacement and meets the standards of the American National
6-23     Standards Institute, Standards for Recreational Vehicles:
6-24                                            (i)  a cooking facility with
6-25     an on-board fuel source;
6-26                                            (ii)  a gas or electric
 7-1     refrigerator;
 7-2                                            (iii)  a toilet with
 7-3     exterior evacuation;
 7-4                                            (iv)  a heating or air
 7-5     conditioning system with an on-board power or fuel source separate
 7-6     from the vehicle engine;
 7-7                                            (v)  a potable water supply
 7-8     system that includes at least a sink, a faucet, and a water tank
 7-9     with an exterior service supply connection;
7-10                                            (vi)  a 110-125 volt
7-11     electric power supply.
7-12                       (24)  "Motor home manufacturer" means a person
7-13     other than the manufacturer of the chassis of a motor vehicle who,
7-14     prior to the retail sale of the motor vehicle, performs
7-15     modifications on the chassis that result in the finished product
7-16     being classified as a motor home.
7-17                       (25)  "Motor vehicle" means:
7-18                             (A)  every fully self-propelled vehicle
7-19     which has as its primary purpose the transport of a person or
7-20     persons, or property, on a public highway, and having two or more
7-21     wheels;
7-22                             (B)  every two or more wheeled fully
7-23     self-propelled, titled vehicle which has as its primary purpose the
7-24     transport of a person or persons or property and is not
7-25     manufactured for use on public streets, roads, or highways;
7-26                             (C)  an engine, transmission, or rear axle
 8-1     manufactured for installation in a vehicle having as its primary
 8-2     purpose the transport of a person or persons or property on a
 8-3     public highway and having a gross vehicle weight rating of more
 8-4     than 16,000 pounds, whether or not attached to a vehicle chassis;
 8-5     or
 8-6                             (D)  a towable recreational vehicle.
 8-7                       (26)  "New motor vehicle" means a motor vehicle
 8-8     which has not been the subject of a "retail sale" without regard to
 8-9     the mileage of the vehicle.
8-10                       (27)  "Nonfranchised dealer" means a person who
8-11     holds an independent motor vehicle dealer's general distinguishing
8-12     number or a wholesale motor vehicle dealer's general distinguishing
8-13     number issued by the board [Department] pursuant to the terms of
8-14     Chapter 503, Transportation Code.
8-15                       (28)  "Party" means each person or agency named
8-16     or admitted as a party and whose legal rights, duties, or
8-17     privileges are to be determined by the Commission after an
8-18     opportunity for adjudicative hearing.
8-19                       (28)  "Towable recreational vehicle" means a
8-20     nonmotorized vehicle that is designed and originally manufactured
8-21     for temporary human habitation as its primary purpose for
8-22     recreational, camping, or seasonal use and:
8-23                             (A)  is titled and registered with the
8-24     board [Texas Department of Transportation] as a travel trailer
8-25     through the county tax assessor-collector;
8-26                             (B)  is permanently built on a single
 9-1     chassis;
 9-2                             (C)  contains one or more life support
 9-3     systems; and
 9-4                             (D)  is designed to be towable by another
 9-5     motor vehicle.
 9-6                       (29)  "Person" means a natural person,
 9-7     partnership, corporation, association, trust, estate, or any other
 9-8     legal entity.
 9-9                       (30)  "Relocation" means the transfer of an
9-10     existing dealership operation to facilities at a different
9-11     location, including a transfer which results in a consolidation or
9-12     dualing of an existing dealer's operation.
9-13                       (31)  "Representative" means any person who is or
9-14     acts as an agent, employee or representative of a manufacturer,
9-15     distributor, or converter who performs any duties in this State
9-16     relating to promoting the distribution and/or sale of new motor
9-17     vehicles or contacts dealers in this State on behalf of a
9-18     manufacturer, distributor, or converter.
9-19                       (32)  "Retail sale" means the sale of a motor
9-20     vehicle except:
9-21                             (A)  a sale in which the purchaser acquires
9-22     a vehicle for the purpose of resale; or
9-23                             (B)  a sale of a vehicle that is operated
9-24     under and in accordance with Section 503.061, Transportation Code.
9-25                       (33)  "Rule" means a statement by the Commission
9-26     of general and future applicability that implements, interprets, or
 10-1    prescribes law or policy or describes the organization or
 10-2    procedural practice requirements of the Commission.  The term
 10-3    includes the amendment or repeal of a prior rule, but does not
 10-4    include statements concerning only the internal management of the
 10-5    Commission which do not affect the rights of a person not connected
 10-6    with the Commission.
 10-7                      (34)  "Transportation Commission" means the Texas
 10-8    Transportation Commission of the Texas Department of
 10-9    Transportation.
10-10                      (35)  "Warranty work" means parts, labor, and any
10-11    other expenses incurred by a franchised dealer in complying with
10-12    the terms of a manufacturer's or distributor's warranty.
10-13          SECTION 2.  Section 2.01(a), Texas Motor Vehicle Commission
10-14    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
10-15    to read as follows:
10-16          Section. 2.01.  TEXAS MOTOR VEHICLE BOARD.  (a)  In
10-17    conducting the policy-making and regulatory functions and duties
10-18    imposed on the board by this Act, whether mandatory or
10-19    discretionary, and unless otherwise provided by this Act, the board
10-20    is an independent entity [within the department and is not an
10-21    advisory body to the department].  The board shall carry out the
10-22    functions and duties conferred upon it by this Act and by other
10-23    provision of law.
10-24          SECTION 3.  Section 2.02(a), Texas Motor Vehicle Commission
10-25    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
10-26    to read as follows:
 11-1                (a)  The board [Motor Vehicle Board of the Texas
 11-2    Department of Transportation] consists of nine persons appointed by
 11-3    the Governor with the advice and consent of the Senate.
 11-4          SECTION 4.  Section 2.02(b), Texas Motor Vehicle Commission
 11-5    Code (Article 4413(36), Vernon's Texas Civil Statutes), is
 11-6    repealed. Section 2.02(c), Texas Motor Vehicle Commission Code
 11-7    (Article 4413(36), Vernon's Texas Civil Statutes) is renumbered
 11-8    Subsection (b).
 11-9          SECTION 5.  Section 2.03A, Texas Motor Vehicle Commission
11-10    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
11-11    to read as follows:
11-12                Sec. 2.03A.  Training [ON DEPARTMENT AND CERTAIN LAWS
11-13    RELATING TO DEPARTMENT].  (a)  To be eligible to take office as a
11-14    member of the board [Commission], a person [appointed to the
11-15    Commission] must complete at least one course of a training program
11-16    that complies with this section.
11-17                (b)  The training program must provide information to
11-18    the person regarding:
11-19                      (1)  this Act;
11-20                      (2)  the programs operated by the board
11-21    [department];
11-22                      (3)  the role and functions of the board
11-23    [department];
11-24                      (4)  the rules of the board [department] with an
11-25    emphasis on the rules that relate to disciplinary and investigatory
11-26    authority;
 12-1                      (5)  the current budget for the department;
 12-2                      (6)  the results of the most recent formal audit
 12-3    of the department;
 12-4                      (7)  the requirements of the:
 12-5                            (A)  open meetings law, Chapter 551,
 12-6    Government Code;
 12-7                            (B)  open records law, Chapter 552,
 12-8    Government Code; and
 12-9                            (C)  administrative procedure law, Chapter
12-10    2001, Government Code;
12-11                      (8)  the requirements of the conflict of interest
12-12    laws and other laws relating to public officials; and
12-13                      (9)  any applicable ethics policies adopted by
12-14    the Commission or the Texas Ethics Commission.
12-15                (c)  A person appointed to the board [Commission] is
12-16    entitled to reimbursement for travel expenses incurred in attending
12-17    the training program, as provided by the General Appropriations Act
12-18    and as if the person were a member of the board [Commission].
12-19          SECTION 6.  Section 2.08A(c), Texas Motor Vehicle Commission
12-20    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
12-21    to read as follows:
12-22                      (c)  If the Director has knowledge that a
12-23    potential ground for removal exists, the Director shall notify the
12-24    Chairman of the Commission of the ground.  The Chairman shall then
12-25    notify the Governor and the Attorney General that a potential
12-26    ground for removal exists.  If the potential ground for removal
 13-1    relates to the Chairman of the Commission, the [Executive] Director
 13-2    shall notify the Vice-chairman of the Commission, who shall notify
 13-3    the Governor and the Attorney General that a potential ground for
 13-4    removal exists.
 13-5          SECTION 7.  Section 2.09(a), Texas Motor Vehicle Commission
 13-6    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 13-7    to read as follows:
 13-8                (a)  The board [Executive Director] shall appoint the
 13-9    Director, who is the board's chief executive and administrative
13-10    officer.  The Director shall administer, enforce, and carry [, who
13-11    shall be an attorney licensed to practice law in this state, is
13-12    charged with administering, enforcing, and carrying] out the
13-13    provisions of this Act.  A person is eligible to serve as director
13-14    if the person is licensed to practice law in Texas.  [The Director
13-15    serves at the pleasure of the Executive Director].
13-16          SECTION 8.  Section 2.10, Texas Motor Vehicle Commission Code
13-17    (Article 4413(36), Vernon's Texas Civil Statutes), is amended to
13-18    read as follows:
13-19          Sec. 2.10.  Revenues.  (a)  Notwithstanding a law to the
13-20    contrary, including without limitation the provisions of Section
13-21    403.094(h), Government Code, all money paid to the board
13-22    [Commission] under this Act shall be deposited in the State
13-23    Treasury to the credit of the state highway fund.
13-24                (b)  The board [Commission] shall file annually with
13-25    the Governor and the presiding officer of each house of the
13-26    legislature a complete and detailed written report accounting for
 14-1    all funds received and disbursed by the board [Commission] during
 14-2    the preceding fiscal year.  The annual report must comply with each
 14-3    reporting requirement applicable to financial reporting provided by
 14-4    the General Appropriations Act.
 14-5                (c)  The financial transactions of the board
 14-6    [Commission] are subject to audit by the state auditor in
 14-7    accordance with Chapter 321, Government Code.
 14-8          SECTION 9.  Section 2.13, Texas Motor Vehicle Commission Code
 14-9    (Article 4413(36), Vernon's Texas Civil Statutes), is amended to
14-10    read as follows:
14-11          Section 2.13.  Intraagency career ladder program; annual
14-12    performance evaluations; information; equal opportunity
14-13    implementation plan; public information.  (a)  The [Executive]
14-14    Director or his designee shall develop an intraagency career ladder
14-15    program that addresses opportunities for mobility and advancement
14-16    of employees in the board [Commission].  The program shall require
14-17    intraagency postings of all positions concurrently with any public
14-18    posting.
14-19                (b)  The [Executive] Director or his designee shall
14-20    develop a system of annual performance evaluations that are based
14-21    on documented employee performance.  All merit pay for board
14-22    [Commission] employees must be based on the system established
14-23    under this subsection.
14-24                (c)  The [Executive] Director or his designee shall
14-25    prepare information describing the functions of the board
14-26    [Commission] and describing the procedures by which complaints or
 15-1    protests are filed with and resolved by the board [Commission].
 15-2    The board [Commission] shall make the information available to the
 15-3    general public and appropriate state agencies.
 15-4                (d)  The [Executive] Director or his designee shall
 15-5    prepare and maintain a written policy statement to assure
 15-6    implementation of a program of equal employment opportunity under
 15-7    which all personnel transactions are made without regard to race,
 15-8    color, disability, sex, religion, age, or national origin.  The
 15-9    policy statement must include:
15-10                      (1)  personnel policies, including policies
15-11    relating to recruitment, evaluation, selection, appointment,
15-12    training, and promotion of personnel that comply with Chapter 21,
15-13    Labor Code;
15-14                      (2)  a comprehensive analysis of the board's
15-15    [Commission] work force that meets federal and state laws, rules,
15-16    and regulations and instructions directly adopted under those laws,
15-17    rules, or regulations;
15-18                      (3)  procedures by which a determination can be
15-19    made of significant underuse in the board [Commission] work force
15-20    of all persons for whom federal or state laws, rules, and
15-21    regulations and instructions directly adopted under those laws,
15-22    rules, or regulations, encourage a more equitable balance; and
15-23                      (4)  reasonable methods to appropriately address
15-24    those areas of significant underuse.
15-25    A policy statement prepared under this subsection must cover an
15-26    annual period, be updated at least annually, be reviewed by the
 16-1    Texas Commission on Human Rights for compliance with Subdivision
 16-2    (1) of this subsection, and be filed with the Governor's office.
 16-3    The Governor's office shall deliver a biennial report to the
 16-4    legislature based on the information received under this
 16-5    subsection.  The report may be made separately or as a part of
 16-6    other biennial reports made to the legislature.
 16-7                (e)  The board [Commission] shall comply with Chapter
 16-8    2001, Government Code [Section 4(a)(2), Administrative Procedure
 16-9    and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
16-10    Statutes), ] by indexing and making available for public inspection
16-11    all:
16-12                      (1)  rules and all other written statements of
16-13    policy or interpretations formulated, adopted, or used by the board
16-14    [Commission] in the discharge of its functions; and
16-15                      (2)  [.(f)  The Commission shall comply with
16-16    Section 4(a)(3), Administrative Procedure and Texas Register Act
16-17    (Article 6252-13a, Vernon's Texas Civil Statutes), by indexing and
16-18    making available for public inspection all of] the board's
16-19    [Commission's] final orders, decisions, and opinions.
16-20          SECTION 10.  Section 3.01A, Texas Motor Vehicle Commission
16-21    Code (Article 4413(36), Vernon's Texas Civil Statutes), is
16-22    repealed.
16-23          SECTION 11.  Subsections (a) and (c), Section 6.07, Texas
16-24    Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
16-25    Civil Statutes) are amended to read as follows:
16-26                (a)  In addition to the other powers and duties
 17-1    provided for in this Act, the board [Commission] shall cause
 17-2    manufacturers, converters, and distributors to perform the
 17-3    obligations imposed by this section.  For purposes of this section,
 17-4    the term "owner" means a retail purchaser, lessor, lessee other
 17-5    than a sublessee, or the person so designated on the certificate of
 17-6    title to a motor vehicle issued by the board [Texas Department of
 17-7    Transportation,] or an equivalent document issued by the duly
 17-8    authorized agency of any other state, or any person to whom such
 17-9    motor vehicle is legally transferred during the duration of a
17-10    manufacturer's or distributor's express warranty applicable to such
17-11    motor vehicle, and any other person entitled by the terms of the
17-12    manufacturer's, converter's, or distributor's express warranty to
17-13    enforce the obligations thereof.
17-14                (c)  If the manufacturer, converter, or distributor is
17-15    unable to conform the motor vehicle to an applicable express
17-16    warranty by repairing or correcting any defect or condition which
17-17    creates a serious safety hazard or substantially impairs the use or
17-18    market value of the motor vehicle after a reasonable number of
17-19    attempts, the manufacturer, converter, or distributor shall (1)
17-20    replace the motor vehicle with a comparable motor vehicle; or (2)
17-21    accept return of the vehicle from the owner and refund to the owner
17-22    the full purchase price less a reasonable allowance for the owner's
17-23    use of the vehicle and any other allowances or refunds payable to
17-24    the owner. In this section, "impairment of market value" means a
17-25    substantial loss in market value caused by a defect specific to the
17-26    vehicle.  In addition to replacing the vehicle or refunding the
 18-1    purchase price, the manufacturer, converter, or distributor shall
 18-2    reimburse the owner for reasonable incidental costs resulting from
 18-3    loss of use of the motor vehicle because of the nonconformity or
 18-4    defect.  As necessary to promote the public interest, the board
 18-5    [Commission] by rule shall define the incidental costs that are
 18-6    eligible for reimbursement, shall specify other requirements
 18-7    necessary to determine an eligible cost, and may set a maximum
 18-8    amount that is eligible for reimbursement, either by type of
 18-9    eligible cost or a total for all costs.  Refunds shall be made to
18-10    the owner and lienholder, if any, as their interests may appear.  A
18-11    reasonable allowance for use shall be that amount directly
18-12    attributable to use of the motor vehicle when the vehicle is not
18-13    out of service for repair.  An order to refund or to replace may
18-14    not be issued by the [Executive] Director against a manufacturer,
18-15    converter, or distributor unless the manufacturer, converter, or
18-16    distributor has been mailed prior written notification of the
18-17    alleged nonconformity or defect from or on behalf of the owner and
18-18    has been given an opportunity to cure the alleged defect or
18-19    nonconformity.  In any hearing before the [Executive] Director
18-20    under this section, a manufacturer, converter, or distributor may
18-21    plead and prove as an affirmative defense to the remedies provided
18-22    hereunder that (1) the nonconformity is the result of abuse,
18-23    neglect, or unauthorized modifications or alterations of the motor
18-24    vehicle; or (2) the nonconformity does not substantially impair the
18-25    use or market value of the motor vehicle. In this section, "serious
18-26    safety hazard" means a life-threatening malfunction or
 19-1    nonconformity that substantially impedes a person's ability to
 19-2    control or operate a motor vehicle for ordinary use or intended
 19-3    purposes or that creates a substantial risk of fire or explosion.
 19-4          SECTION 12.  Section 7.01(b), Texas Motor Vehicle Commission
 19-5    Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
 19-6    to read as follows:
 19-7                (b)  A final action, ruling, order, or decision of the
 19-8    Motor Vehicle Board of the board [Texas Department of
 19-9    Transportation, or the Director of the Motor Vehicle Division of
19-10    the Texas Department of Transportation, as appropriate] under the
19-11    terms of this Act or other law, is the final action with respect to
19-12    a matter arising under this Act, and is subject to review only by
19-13    judicial review as provided by this Act.  The petition for judicial
19-14    review must be filed within 30 days of the date on which an action,
19-15    ruling, order, or decision of the board [Board] or the director
19-16    first becomes final and appealable.
19-17          SECTION 13.  Section 503.001, Transportation Code, is amended
19-18    to read as follows:
19-19          Section 503.001.  Definitions.  In this chapter:
19-20                      (1)  "Commission" means the Texas Transportation
19-21    Commission.
19-22                      (2)  "Board" means the Texas Motor Vehicle Board
19-23    created by the Texas Motor Vehicle Commission Code.
19-24                      (3) [(2)]  "Dealer" means a person who regularly
19-25    and actively buys, sells, or exchanges vehicles at an established
19-26    and permanent location.  The term includes a franchised motor
 20-1    vehicle dealer, an independent motor vehicle dealer, and a
 20-2    wholesale motor vehicle dealer.
 20-3                      (4) [(3)]  "Department" means the Texas
 20-4    Department of Transportation.
 20-5                      (5) [(4)]  "Drive-a-way operator" means a person
 20-6    who transports and delivers a vehicle in this state from the
 20-7    manufacturer or another point of origin to a location in this state
 20-8    using the vehicle's own power or using the full-mount method, the
 20-9    saddle-mount method, the tow-bar method, or a combination of those
20-10    methods.
20-11                      (6) [(5)]  "Franchise" has the meaning assigned
20-12    by the Texas Motor Vehicle Commission Code (Article 4413(36),
20-13    Vernon's Texas Civil Statutes).
20-14                      (7) [(6)]  "Franchised motor vehicle dealer"
20-15    means a person engaged in the business of buying, selling, or
20-16    exchanging new motor vehicles at an established and permanent place
20-17    of business under a franchise in effect with a motor vehicle
20-18    manufacturer or distributor.
20-19                      (8) [(7)]  "Independent motor vehicle dealer"
20-20    means a dealer other than a franchised motor vehicle dealer or a
20-21    wholesale motor vehicle dealer.
20-22                      (9) [(8)]  "Manufacturer" means a person who
20-23    manufactures, distributes, or assembles new vehicles.
20-24                      (10) [(9)]  "Motorcycle" has the meaning assigned
20-25    by Section 502.001.
20-26                      (11) [(10)]  "Motor vehicle" has the meaning
 21-1    assigned by Section 502.001.
 21-2                      (12) [(11)]  "Semitrailer" has the meaning
 21-3    assigned by Section 502.001.
 21-4                      (13) [(12)]  "Trailer" has the meaning assigned
 21-5    by Section 502.001.
 21-6                      (14) [(13)]  "Vehicle" means a motor vehicle,
 21-7    motorcycle, house trailer, trailer, or semitrailer.
 21-8                      (15) [(14)]  "Wholesale motor vehicle auction"
 21-9    means the offering of a motor vehicle for sale to the highest
21-10    bidder during a transaction that is one of a series of regular
21-11    periodic transactions that occur at a permanent location.
21-12                      (16) [(15)]  "Wholesale motor vehicle dealer"
21-13    means a dealer who sells motor vehicles only to a person who is:
21-14                            (A)  the holder of a dealer's general
21-15    distinguishing number; or
21-16                            (B)  a foreign dealer authorized by a law
21-17    of this state or interstate reciprocity agreement to purchase a
21-18    vehicle in this state without remitting the motor vehicle sales
21-19    tax.
21-20          SECTION 14.  Section 503.002, Transportation Code, is amended
21-21    to read as follows:
21-22                Section 503.002.  Rules.  The commission or the board
21-23    may adopt rules for the administration of this chapter.
21-24          SECTION 15.  Section 503.003, Transportation Code, is amended
21-25    to read as follows:
21-26                Section 503.003.  Display or Sale of Nonmotorized
 22-1    Vehicle or Trailer.  This chapter does not prohibit the display or
 22-2    sale of a nonmotorized vehicle or trailer at a regularly scheduled
 22-3    vehicle or boat show with multiple vendors in accordance with board
 22-4    [commission] rules.
 22-5          SECTION 16.  Section 503.005, Transportation Code, is amended
 22-6    to read as follows:
 22-7          Section 503.005.  Notice of Sale or Transfer.  (a)  A
 22-8    manufacturer or dealer shall immediately notify the board
 22-9    [department] if the manufacturer or dealer transfers, including by
22-10    sale or lease, a motor vehicle, trailer, or semitrailer to a person
22-11    other than a manufacturer or dealer.
22-12                (b)  The notice must be in writing using the form
22-13    provided by the board [department] and must include:
22-14                      (1)  the date of the transfer;
22-15                      (2)  the names and addresses of the transferrer
22-16    and transferee; and
22-17                      (3)  a description of the vehicle.
22-18          SECTION 17.  Section 503.006, Transportation Code, is amended
22-19    to read as follows:
22-20          Section 503.006.  Notice of Change of Address.  A dealer or
22-21    manufacturer who has been issued dealer's or manufacturer's license
22-22    plates shall notify the board [department] of a change to the
22-23    dealer's or manufacturer's address not later than the 10th day
22-24    after the date the change occurs.
22-25          SECTION 18.  Section 503.007(d), Transportation Code, is
22-26    amended to read as follows:
 23-1                (d)  A fee collected under this section shall be
 23-2    deposited to the credit of the state highway fund.
 23-3          SECTION 19.  Section 503.008(d), Transportation Code, is
 23-4    amended to read as follows:
 23-5                (d)  A fee collected under this section shall be
 23-6    deposited to the credit of the state highway fund.
 23-7          SECTION 20.  Section 503.024(c), Transportation Code, is
 23-8    amended to read as follows:
 23-9                (c)  For the purposes of Section 503.021, a domiciliary
23-10    of another state who holds a dealer license and bond, if
23-11    applicable, issued by the other state is not engaging in business
23-12    as a dealer by buying a vehicle from, selling a vehicle to, or
23-13    exchanging a vehicle with a person who:
23-14                      (1)  holds a general distinguishing number issued
23-15    by the board [department], if the transaction is not intended to
23-16    avoid a requirement of this chapter; or
23-17                      (2)  is a domiciliary of another state who holds
23-18    a dealer license and bond, if applicable, issued by the other state
23-19    and the transaction is not intended to avoid a requirement of this
23-20    chapter.
23-21          SECTION 21.  Section 503.027(b), Transportation Code, is
23-22    amended to read as follows:
23-23                (b)  If a person is not otherwise prohibited from doing
23-24    business as a dealer at more than one location in the territory of
23-25    a municipality, a person may buy, sell, or exchange a vehicle of
23-26    the type for which the person holds a dealer general distinguishing
 24-1    number from more than one location in the territory of the
 24-2    municipality without obtaining an additional dealer general
 24-3    distinguishing number.  Each location must comply with the
 24-4    requirements prescribed by this chapter and board [commission]
 24-5    rules relating to an established and permanent place of business.
 24-6          SECTION 22.  Section 503.028(a), Transportation Code, is
 24-7    amended to read as follows:
 24-8                (a)  Except as provided by Subsection (b), the board
 24-9    [department] may not issue more than one general distinguishing
24-10    number for a location for which the wholesale motor vehicle auction
24-11    general distinguishing number has been issued.
24-12          SECTION 23.  Section 503.029(a), Transportation Code, is
24-13    amended to read as follows:
24-14                (a)  An applicant for an original or renewal dealer
24-15    general distinguishing number must submit to the department a
24-16    written application on a form that:
24-17                      (1)  is provided by the board [department];
24-18                      (2)  contains the information required by the
24-19    board [department];
24-20                      (3)  contains information that demonstrates the
24-21    person meets the requirements prescribed by Section 503.032;
24-22                      (4)  contains information that demonstrates the
24-23    applicant has complied with all applicable state laws and municipal
24-24    ordinances;
24-25                      (5)  states that the applicant agrees to allow
24-26    the board reasonable access [department to examine] during working
 25-1    hours, to the ownership papers for each registered or unregistered
 25-2    vehicle in the applicant's possession or control in the manner and
 25-3    subject to the procedures set forth in the Texas Motor Vehicle
 25-4    Commission Code; and
 25-5                      (6)  specifies whether the applicant proposes to
 25-6    be [a]:
 25-7                            (A)  a franchised motor vehicle dealer;
 25-8                            (B)  a independent motor vehicle dealer;
 25-9                            (C)  a wholesale motor vehicle dealer;
25-10                            (D)  a motorcycle dealer;
25-11                            (E)  a house trailer dealer; or
25-12                            (F)  a trailer or semitrailer dealer.
25-13          SECTION 24.  Section 503.030(a), Transportation Code, is
25-14    amended to read as follows:
25-15                (a)  An applicant for an original or renewal wholesale
25-16    motor vehicle auction general distinguishing number must submit to
25-17    the board [department] an application that contains:
25-18                      (1)  the information required by the department;
25-19                      (2)  information that demonstrates the person
25-20    meets the requirements prescribed by Section 503.032; and
25-21                      (3)  information that demonstrates the applicant
25-22    has complied with all applicable state laws and municipal
25-23    ordinances.
25-24          SECTION 25.  Section 503.031(a), Transportation Code, is
25-25    amended to read as follows:
25-26                (a)  An applicant for a drive-a-way in-transit license
 26-1    must submit to the board [commission] an application containing the
 26-2    information required by the board [commission].
 26-3          SECTION 26.  Section 503.032(a), Transportation Code, is
 26-4    amended to read as follows:
 26-5                (a)  An applicant for a dealer general distinguishing
 26-6    number or wholesale motor vehicle auction general distinguishing
 26-7    number must demonstrate that the location for which the applicant
 26-8    requests the number is an established and permanent place of
 26-9    business.  A location is considered to be an established and
26-10    permanent place of business if the applicant:
26-11                      (1)  owns the real property on which the business
26-12    is situated or has a written lease for the property that has a term
26-13    of not less than one year;
26-14                      (2)  maintains on the location:
26-15                            (A)  a permanent furnished office that is
26-16    equipped as required by the board [department] for the sale of the
26-17    vehicles of the type specified in the application; and
26-18                            (B)  a conspicuous sign with letters at
26-19    least six inches high showing the name of the applicant's business;
26-20    and
26-21                      (3)  has sufficient space on the location to
26-22    display at least five vehicles of the type specified in the
26-23    application.
26-24          SECTION 27.  Subsections (a), (c), and (g), Section 503.033,
26-25    Transportation Code, are amended to read as follows:
26-26                (a)  The board [department] may not issue or renew a
 27-1    motor vehicle dealer general distinguishing number or a wholesale
 27-2    motor vehicle auction general distinguishing number unless the
 27-3    applicant provides to the board [department]:
 27-4                      (1)  satisfactory proof that the applicant has
 27-5    purchased a properly executed surety bond in the amount of $25,000
 27-6    with a good and sufficient surety approved by the board
 27-7    [department]; or
 27-8                            (2)  other security under Subsection (c).
 27-9                (c)  In lieu of the surety bond, the board [department]
27-10    may accept and receive for the surety obligation:
27-11                      (1)  a pledge of cash;
27-12                      (2)  a cash deposit;
27-13                      (3)  a certificate of deposit; or
27-14                      (4)  another instrument the board [department]
27-15    determines to be adequate security.
27-16                (g)  This section does not apply to a person licensed
27-17    as a franchised motor vehicle dealer [by the department's Motor
27-18    Vehicle Board].
27-19          SECTION 28.  Section 503.034, Transportation Code, is amended
27-20    to read as follows:
27-21          Section 503.034.  Issuance and Renewal or Denial of Dealer or
27-22    Wholesale Motor Vehicle Auction General Distinguishing Number.
27-23                (a)  The board [department] shall deny an application
27-24    for the issuance or renewal of a dealer general distinguishing
27-25    number or a wholesale motor vehicle auction general distinguishing
27-26    number if the board [department] is satisfied from the application
 28-1    or from other information before it that:
 28-2                      (1)  information in the application is not true;
 28-3    or
 28-4                      (2)  the applicant is guilty of conduct that
 28-5    would result in the cancellation of the general distinguishing
 28-6    number under Section 503.038.
 28-7                (b)  The board [department] may not issue a dealer
 28-8    general distinguishing number until the applicant complies with the
 28-9    requirements of this chapter.
28-10                (c)  A dealer's general distinguishing number expires
28-11    on March 31 of each year, unless provided otherwise by law or rule
28-12    of the board [department's Motor Vehicle Board].
28-13          SECTION 29.  Section 503.035, Transportation Code, is amended
28-14    to read as follows:
28-15          Section 503.035.  Issuance and Renewal of Drive-A-Way
28-16    In-Transit License.  The board [department] shall issue to an
28-17    applicant on the filing of the application and the payment of the
28-18    fee an annual drive-a-way in-transit license and in-transit license
28-19    plates.
28-20          SECTION 30.  Subsections (a), (b), and (c), Section 503.038,
28-21    Transportation Code, are amended to read as follows:
28-22                (a)  The board [department] may cancel a dealer's
28-23    general distinguishing number if the dealer:
28-24                      (1)  falsifies or forges a title document,
28-25    including an affidavit making application for a certified copy of a
28-26    title;
 29-1                      (2)  files a false or forged tax document,
 29-2    including a sales tax affidavit;
 29-3                      (3)  fails to take assignment of any basic
 29-4    evidence of ownership, including a certificate of title or
 29-5    manufacturer's certificate, for a vehicle the dealer acquires;
 29-6                      (4)  fails to assign any basic evidence of
 29-7    ownership, including a certificate of title or manufacturer's
 29-8    certificate, for a vehicle the dealer sells;
 29-9                      (5)  uses or permits the use of a metal dealer's
29-10    license plate or a dealer's temporary cardboard tag on a vehicle
29-11    that the dealer does not own or control or that is not in stock and
29-12    offered for sale;
29-13                      (6)  makes a material misrepresentation in an
29-14    application or other information filed with the board [department];
29-15                      (7)  fails to maintain the qualifications for a
29-16    general distinguishing number;
29-17                      (8)  fails to provide to the board [department]
29-18    within 30 days after the date of demand by the board [department]
29-19    satisfactory and reasonable evidence that the person is regularly
29-20    and actively engaged in business as a wholesale or retail dealer;
29-21                      (9)  has been licensed for at least 12 months and
29-22    has not assigned at least five vehicles during the previous
29-23    12-month period;
29-24                      (10)  has failed to demonstrate compliance with
29-25    Sections 23.12, 23.121, and 23.122, Tax Code;
29-26                      (11)  uses or allows the use of the dealer's
 30-1    general distinguishing number or the location for which the general
 30-2    distinguishing number is issued to avoid the requirements of this
 30-3    chapter;
 30-4                      (12)  misuses or allows the misuse of a temporary
 30-5    cardboard tag authorized under this chapter;
 30-6                      (13)  refuses to show on a buyer's temporary
 30-7    cardboard tag the date of sale or other reasonable information
 30-8    required by the board [department]; or
 30-9                      (14)  otherwise violates this chapter or a rule
30-10    adopted under this chapter.
30-11                (b)  The board [department] shall cancel a dealer's
30-12    general distinguishing number if the dealer obtains the number by
30-13    submitting false or misleading information.
30-14                (c)  A person whose general distinguishing number is
30-15    canceled under this chapter shall surrender to a representative of
30-16    the board [department] each license plate, temporary cardboard tag,
30-17    sticker, and receipt issued under this chapter not later than the
30-18    10th day after the date the general distinguishing number is
30-19    canceled.  The board [department] shall direct any peace officer to
30-20    secure and return to the board [department] any plate, tag,
30-21    sticker, or receipt of a person who does not comply with this
30-22    subsection.
30-23          SECTION 31.  Section 503.0615, Transportation Code, is
30-24    amended to read as follows:
30-25          Section 503.0615.  PERSONALIZED PRESTIGE DEALER'S LICENSE
30-26    PLATES.  (a)  The board [department] shall establish and issue
 31-1    personalized prestige dealer's license plates.  The board
 31-2    [department] may not issue identically lettered or numbered
 31-3    dealer's plates to more than one dealer.
 31-4                (b)  The board [department] shall establish procedures
 31-5    for continuous application for and issuance of personalized
 31-6    prestige dealer's license plates.  A dealer must make a new
 31-7    application and pay a new fee for each registration period for
 31-8    which the dealer seeks to obtain personalized prestige dealer's
 31-9    license plates.  A dealer who obtains personalized prestige
31-10    dealer's license plates has first priority on those plates for each
31-11    subsequent registration period for which the dealer applies.
31-12                (c)  The annual fee for personalized prestige dealer's
31-13    license plates is $40, in addition to any fee otherwise prescribed
31-14    by this chapter.
31-15                (d)  The board [department] may issue to an applicant
31-16    only one set of personalized prestige dealer's license plates for a
31-17    vehicle for a six-year period.  The board [department] may issue a
31-18    new set of personalized prestige dealer's license plates within the
31-19    six-year period if the applicant pays a fee of $50 in addition to
31-20    the fees required by Subsection (c).
31-21                (e)  On application and payment of the required fee for
31-22    a registration period following the issuance of the plates, the
31-23    board [department] shall issue a registration insignia.
31-24                (f)  Of each fee collected by the board [department]
31-25    under this section:
31-26                      (1)  $1.25 shall be deposited to the credit of
 32-1    the state highway fund to defray the cost of administering this
 32-2    section; and
 32-3                      (2)  the remainder shall be deposited to the
 32-4    credit of the general revenue fund.
 32-5          SECTION 32.  Section 503.062(d), Transportation Code, is
 32-6    amended to read as follows:
 32-7                (d)  The board [department] may not issue a dealer
 32-8    temporary cardboard tag or contract for the issuance of a dealer
 32-9    temporary cardboard tag but shall prescribe:
32-10                      (1)  the specifications, form, and color of a
32-11    dealer temporary cardboard tag; and
32-12                      (2)  the period for which a tag may be used for
32-13    or by a charitable organization.
32-14          SECTION 33.  Section 503.063(e), Transportation Code, is
32-15    amended to read as follows:
32-16                (e)  The board [department] may not issue a buyer's tag
32-17    or contract for the issuance of a buyer's tag but shall prescribe
32-18    the specifications, color, and form of a buyer's tag.
32-19          SECTION 34.  Subsections (a), (b), and (d), Section 503.065,
32-20    Transportation Code, are amended to read as follows:
32-21                (a)  The board [department] may issue or cause to be
32-22    issued to a person a temporary license plate made of cardboard or
32-23    similar material authorizing the person to operate a new
32-24    unregistered vehicle on a public highway of this state if the
32-25    person:
32-26                      (1)  buys the vehicle from a dealer outside this
 33-1    state and intends to drive the vehicle from the dealer's place of
 33-2    business; or
 33-3                      (2)  buys the vehicle from a dealer in this state
 33-4    but intends to drive the vehicle from the manufacturer's place of
 33-5    business outside this state.
 33-6                (b)  The board [department] may not issue a temporary
 33-7    license plate under this section to a manufacturer or dealer of a
 33-8    motor vehicle, trailer, or semitrailer or to a representative of
 33-9    such a dealer.
33-10                (d)  A temporary license plate issued under this
33-11    section expires not later than the 30th day after the date on which
33-12    it is issued.  The board [department] shall place or cause to be
33-13    placed on the license plate at the time of issuance the date of
33-14    expiration and the type of vehicle for which the license plate is
33-15    issued.
33-16          SECTION 35.  Subsections (a) and (e), Section 503.066,
33-17    Transportation Code, are amended to read as follows:
33-18                (a)  An applicant for one or more original or renewal
33-19    dealer's or manufacturer's license plates must submit to the board
33-20    [department] a written application on a form that:
33-21                      (1)  is provided by the board [department]; and
33-22                      (2)  contains a statement that the applicant
33-23    agrees to allow the board reasonable access [department to examine]
33-24    during working hours, to the ownership papers for each registered
33-25    or unregistered vehicle in the applicant's possession or control in
33-26    the manner and subject to the procedures set forth in the Texas
 34-1    Motor Vehicle Commission Code.
 34-2                (e)  A license plate issued under this section expires
 34-3    on March 31 of the year after the year of issuance, unless provided
 34-4    otherwise by law or rule of the board[department's Motor Vehicle
 34-5    Board].
 34-6          SECTION 36.  Section 503.069(a), Transportation Code, is
 34-7    amended to read as follows:
 34-8                (a)  A license plate, other than an in-transit license
 34-9    plate, or a temporary cardboard tag issued under this chapter shall
34-10    be displayed in accordance with board [commission] rules.
34-11          SECTION 37.  Section 503.091, Transportation Code, is amended
34-12    to read as follows:
34-13          Section 503.091.  Enforcement Agreement.  The board
34-14    [department] may agree with an authorized official of another
34-15    jurisdiction to regulate activities and exchange information
34-16    relating to the wholesale operations of nonresident vehicle
34-17    dealers.
34-18          SECTION 38.  Section 503.093, Transportation Code, is amended
34-19    to read as follows:
34-20          Section 503.093.  Action to Enforce Subchapter.  (a)  The
34-21    board [department] or any interested person may bring an action,
34-22    including an action for an injunction, to:
34-23                      (1)  enforce a provision of Subchapter B; or
34-24                      (2)  prohibit a person from operating in
34-25    violation of the person's application for a general distinguishing
34-26    number.
 35-1                (b)  A plaintiff other than the board [department] may
 35-2    recover the plaintiff's attorney's fees.
 35-3          SECTION 39.  TRANSITION.  (a)  Beginning September 1, 2001
 35-4    the duties and functions of the Texas Motor Vehicle Board assigned
 35-5    to or performed by the Texas Department of Transportation are
 35-6    transferred to the Texas Motor Vehicle Board.
 35-7                (b)  The Texas Motor Vehicle Board and the Texas
 35-8    Department of Transportation shall develop a plan for the
 35-9    implementation of this Act and for the transition of the Texas
35-10    Motor Vehicle Board from the Texas Department of Transportation to
35-11    the status of independent agency.  That plan may include any aspect
35-12    of the orderly transfer of duties, property and obligations of the
35-13    parties.
35-14                (c)  As of September 1, 2001, the Texas Motor Vehicle
35-15    Board is an independent agency of the state.
35-16          SECTION 40.  EFFECTIVE DATE.  This Act takes effect September
35-17    1, 1999.
35-18          SECTION 41.  EMERGENCY.  The importance of this legislation
35-19    and the crowded condition of the calendars in both houses create an
35-20    emergency and an imperative public necessity that the
35-21    constitutional rule requiring bills to be read on three several
35-22    days in each house be suspended, and this rule is hereby suspended.