Amend CSHB 2702 by adding the following appropriately
numbered SECTIONS and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subsection (2) and (10), Section 2301.002,
Occupations Code, is amended to read as follows:
(2) "Board" [means the Motor Vehicle Board of the
Texas Department of Transportation] has the meaning assigned by
section 2301.005.
(10) "Director" means the director [of the board and]
of the division.
SECTION ____. Subsection (a), Section 2301.005, Occupations
Code, is amended to read as follows:
(a) A reference in law, including a rule, to the Texas Motor
Vehicle Commission or to the board means the director, except that a
reference to the board means the commission if it relates to the
promulgation of rules [board].
SECTION ____. Section 2301.005, Occupations Code, is
amended by adding subsection (e) to read as follows:
(e) A reference in this chapter to a rule or to a board rule
means a rule adopted by the commission, except that all board rules
that were in effect on the effective date of this legislation shall
remain in effect.
SECTION ____. Subsection (c), Section 2301.101, Occupations
Code, is amended to read as follows:
(c) The director serves at the will of the executive
director [board].
SECTION ____. Section 2301.103, Occupations Code, is
amended to read as follows:
Sec. 2301.103. PERSONNEL. [(a) The director shall
appoint and employ personnel necessary to carry out the duties and
functions of the director and the board under this chapter.]
[(b) A division employee is an employee of the department
and is subject to the human resource rules and policies of the
department and the transportation commission, except that, as
applied to a division employee, any powers granted to the executive
director by those rules and policies shall be exercised by the
director.]
[(c)] A division employee is subject to dismissal if the
employee has an interest in or is related within the first degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to a person who has an interest in a business that
manufactures, distributes, converts, sells, or leases motor
vehicles.
SECTION ____. Section 2301.154, Occupations Code, is
amended to read as follows:
Sec. 2301.154. DELEGATION OF POWERS. The director [board]
may delegate any of the director's [its] powers to[:]
[(1) one or more of its members;]
[(2) the director; or]
[(3)] one or more of the division's [its] employees.
SECTION ____. The following provisions are repealed:
(1) Subchapter B, Chapter 2301, Occupations Code;
(2) Section 2301.102, Occupations Code;
(3) Section 2301.104, Occupations Code;
(4) Section 2301.158, Occupations Code; and
(5) Section 2301.159, Occupations Code.