BILL ANALYSIS
By: Callegari
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Chapter 2305, Occupations Code requires the maintenance of records regarding vehicle repairs, sales, and purchases. C.S.H.B. 3221 and Chapter 2305 apply primarily to chop shops, which are entities that repair vehicles for the resale of vehicles. Unlike automobile dealers, which are regulated by several entities, chop shops are not subject to any formal regulatory oversight. In the absence of this oversight, they are sometimes used for the processing of stolen vehicles. C.S.H.B. 3221 clarifies parties and procedure for entry and inspection to businesses affected by the Act, and provides a penalty for failure to consent to an inspection. The bill also amends the chapter to replace antiquated, unused references with contemporary language.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. However, SECTION 7 creates a criminal penalty for violation of a rule adopted under this chapter.
ANALYSIS
SECTION 1. Replaces use of the word "automobile" with "motor vehicle".
SECTION 2. Replaces use of the word "automobile" with "motor vehicle".
SECTION 3. Replaces use of the word "automobile" with "motor vehicle".
SECTION 4. Replaces use of the word "automobile" with "motor vehicle". Requires that registers for used motor vehicle sales and purchases include the vehicle identification number, and the date of birth and official identification number of the person claiming to be the vehicle's owner. Removes language requiring the register to contain information about the sex, apparent age, and any special identifying physical characteristics of a a vehicle's owner.
SECTION 5. Requires that records of the repair, purchase, and sale of motor vehicles be maintained until the first anniversary of the date the records are made. Authorizes record keepers to keep such information in an electronic record keeping system. Removes language requiring that records be open for public inspection at all reasonable hours. Removes language requiring registers be open at all times to inspection by a peace officer or any person interested in tracing or locating stolen automobiles.
SECTION 6. Authorizes a member of the Transportation Commission, an employee of the Texas Department of Transportation, a member of the Public Safety Commission, an officer of the Department of Public Safety, or another officer interested in locating a stolen vehicle to enter business premises and review records and vehicles. Authorizes a Department of Public Safety officer to enter the premises of a licensed motor vehicle dealer to review records and vehicles for the purpose of locating a stolen vehicle. Requires persons engaging in business regulated by the chapter to cooperate with officers conducting an authorized search. Requires entry and inspection by an authorized officer to occur during normal business hours or while regulated activity occurs.
SECTION 7. Creates an offense if a person violates this chapter or a rule adopted under the chapter. Establishes a Class A misdemeanor offense for a person who refuses consent to inspection as authorized by the chapter.
SECTION 8. Transition language applying changes in Act to offenses committed after the effective date.
SECTION 9. 1 September 2005 effective date.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
SECTION 4. Removes language requiring registers of used motor vehicle sales contain references to an individual's sex, apparent age, and any special identifying characteristics. Adds requirement that a register include the buyer's official identification number.
SECTION 5. Reinstates requirement that motor vehicle sale, repair, and purchase records be kept open for public inspection at all reasonable hours. Authorizes use of an electronic record keeping system for required registers.
SECTION 6. Removes language specifying that a person engaged in business regulated under Chapter 2305, Occupations Code automatically consents to entry and inspection. Specifies that a person licensed under Chapter 348, Finance Code (Motor Vehicle Installment Sales) is subject to inspection only by an officer of the Department of Public Safety. Removes language prohibiting a person from refusing or interfering with an entry or inspection.
SECTION 7. Removes requirement that a person convicted of a previous violation of the chapter is subject to a state jail felony.