79R4905 MSE-D
By: Callegari H.B. No. 3221
A BILL TO BE ENTITLED
AN ACT
relating to the records of certain vehicle repairs, sales, and
purchases; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2305.001, Occupations Code, is amended
by amending Subdivisions (2) and (3) and adding Subdivision (4) to
read as follows:
(2) "Repair" includes the rebuilding of a motor
vehicle [an automobile], the installation of a new or used part or
accessory on a motor vehicle [an automobile], and the performance
of electrical work in connection with the repair of a motor vehicle
[an automobile]. The term does not include a repair covered by
Chapter 2304.
(3) "Used motor vehicle [automobile]" includes a
secondhand motor vehicle [automobile].
(4) "Motor vehicle" has the meaning assigned by
Section 501.002, Transportation Code.
SECTION 2. Section 2305.002, Occupations Code, is amended
to read as follows:
Sec. 2305.002. APPLICATION OF SUBCHAPTER. This subchapter
applies to any person who:
(1) operates a shop or garage that is engaged in the
business of repairing motor vehicles [automobiles]; or
(2) engages in the business of purchasing or selling
used motor vehicles [automobiles] in this state.
SECTION 3. Section 2305.003(a), Occupations Code, is
amended to read as follows:
(a) A person subject to this subchapter shall maintain a
register of each repair the person makes to a motor vehicle [an
automobile]. The register must contain a substantially complete
and accurate description of each motor vehicle [automobile] that is
repaired.
SECTION 4. Section 2305.004, Occupations Code, is amended
to read as follows:
Sec. 2305.004. REGISTER OF USED MOTOR VEHICLE [AUTOMOBILE]
SALES AND PURCHASES. (a) A person subject to this subchapter shall
maintain a register of each sale or purchase the person makes of a
used motor vehicle [automobile].
(b) If the person buys a used motor vehicle [automobile],
the register must contain:
(1) the make and model, the number of cylinders, the
motor number, the vehicle identification number, and the passenger
capacity of the motor vehicle, if applicable [automobile];
(2) the name, sex, apparent age, usual place of
address, and any special identifying physical characteristics of
each person claiming to be the owner of the motor vehicle
[automobile]; and
(3) the state registration number of the motor
vehicle, if applicable [automobile].
(c) If the person sells a used motor vehicle [automobile],
in addition to the requirements of Subsection (b), the register
must contain the name, the address, and a description of the
purchaser of the motor vehicle [automobile].
SECTION 5. Section 2305.006, Occupations Code, is amended
to read as follows:
Sec. 2305.006. MAINTENANCE [AND INSPECTION] OF RECORDS.
(a) All records required to be maintained under this subchapter
shall be:
(1) kept until at least the first anniversary of the
date the record is made; and
(2) open for public inspection at all reasonable
hours.
(b) The registers required by Sections 2305.003 and
2305.004 shall be maintained in a clear and intelligent manner in a
well-bound book and kept in a secure place in the office or place of
business where the work is performed or the business is conducted.
[The registers shall be open at all times to inspection by:
[(1) a peace officer; or
[(2) any person interested in tracing or locating
stolen automobiles.]
SECTION 6. Subchapter A, Chapter 2305, Occupations Code, is
amended by adding Section 2305.007 to read as follows:
Sec. 2305.007. CONSENT TO ENTRY AND INSPECTION. (a) A
person consents to an entry or inspection described by Subsection
(b) by engaging in a business or activity regulated under this
chapter.
(b) For the purpose of enforcing or administering this
chapter, Chapter 2302 of this code, or Chapter 501 or 502,
Transportation Code, a member of the Texas Transportation
Commission, an employee or agent of the Texas Transportation
Commission or Texas Department of Transportation, a member of the
Public Safety Commission, an officer of the Department of Public
Safety, a peace officer, or a person interested in tracing or
locating a stolen motor vehicle may at a reasonable time:
(1) enter the premises of a business regulated under
one of those chapters; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under one of those chapters.
(c) A person described by Subsection (a):
(1) may not refuse or interfere with an entry or
inspection under this section; and
(2) shall cooperate fully with a person conducting an
inspection under this section to assist in the recovery of stolen
motor vehicles and parts and to prevent the sale or transfer of
stolen motor vehicles and parts.
(d) An entry or inspection occurs at a reasonable time for
purposes of Subsection (b) if the entry or inspection occurs:
(1) during normal business hours of the person or
activity regulated under a chapter listed in Subsection (b); or
(2) while an activity regulated under a chapter listed
in Subsection (b) is occurring on the premises.
SECTION 7. Section 2305.101, Occupations Code, is amended
to read as follows:
Sec. 2305.101. CRIMINAL PENALTY. (a) A person [who
violates this chapter] commits an offense if the person violates
this chapter or a rule adopted under this chapter.
(b) Except as provided by Subsection (c), an [An] offense
under this section is punishable by a fine of not less than $10 and
not more than $100.
(c) An offense under this chapter that consists of the
violation of Section 2305.007 is a Class A misdemeanor unless it is
shown on the trial of the offense that the defendant has been
previously convicted of an offense that consists of the violation
of that section, in which event the offense is a state jail felony.
SECTION 8. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2005.