81R861 JD-D
 
  By: McClendon H.B. No. 1549
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation, organization, duties, and functions of
  the Texas Department of Motor Vehicles; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
         SECTION 1.01.  Title 7, Transportation Code, is amended by
  adding Subtitle M to read as follows:
  SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
  CHAPTER 1001. ORGANIZATION OF DEPARTMENT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1001.001.  DEFINITIONS. In this subtitle:
               (1)  "Commissioner" means the commissioner of motor
  vehicles.
               (2)  "Department" means the Texas Department of Motor
  Vehicles.
         Sec. 1001.002.  CREATION OF DEPARTMENT; DUTIES. (a) The
  department is created as an agency of this state.
         (b)  In addition to the other duties required of the Texas
  Department of Motor Vehicles, the department shall administer and
  enforce:
               (1)  Subtitles A, B, and D;
               (2)  Chapters 550, 702, 703, 706, 708, and 724;
               (3)  Chapter 2301, Occupations Code; and
               (4)  Article 4413(37), Revised Statutes.
         Sec. 1001.003.  COMPOSITION OF DEPARTMENT. The department
  is composed of the commissioner and other officers and employees
  required to efficiently implement:
               (1)  this subtitle;
               (2)  other applicable motor vehicle laws of this state;
  and
               (3)  other laws that grant jurisdiction to or are
  applicable to the department.
         Sec. 1001.004.  SUNSET PROVISION. The department is subject
  to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the department
  is abolished September 1, 2021.
         Sec. 1001.005.  DEFENSE BY ATTORNEY GENERAL. The attorney
  general shall defend an action brought against the commissioner or
  an employee or officer of the department as a result of that
  person's official act or omission, whether or not at the time of the
  institution of the action that person has terminated service with
  the department.
  [Sections 1001.006-1001.020 reserved for expansion]
  SUBCHAPTER B. COMMISSIONER OF MOTOR VEHICLES
         Sec. 1001.021.  CHIEF EXECUTIVE. (a) The commissioner is
  the department's chief executive and administrative officer.
         (b)  The commissioner has the powers and duties vested in the
  commissioner by this code and other applicable motor vehicle laws
  of this state.
         Sec. 1001.022.  APPOINTMENT; TERM. (a) The governor, with
  the advice and consent of the senate, shall appoint the
  commissioner. The commissioner serves a two-year term that expires
  on February 1 of each odd-numbered year.
         (b)  The governor shall appoint the commissioner without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         Sec. 1001.023.  QUALIFICATIONS. The commissioner must:
               (1)  be a competent and experienced administrator;
               (2)  be well informed and qualified in the fields of
  motor vehicles and vehicle titling and registration; and
               (3)  have at least five years of experience in the
  administration of business or government or as a practicing
  attorney or certified public accountant.
         Sec. 1001.024.  INELIGIBILITY FOR PUBLIC OFFICE. The
  commissioner is ineligible to be a candidate for a public elective
  office in this state unless the commissioner has resigned and the
  governor has accepted the resignation.
         Sec. 1001.025.  COMPENSATION. The commissioner is entitled
  to compensation as provided by the General Appropriations Act.
         Sec. 1001.026.  GROUNDS FOR REMOVAL. (a) It is a ground for
  removal from office if the commissioner:
               (1)  does not have at the time of appointment the
  qualifications required by Section 1001.023;
               (2)  does not maintain during service as commissioner
  the qualifications required by Section 1001.023;
               (3)  violates a prohibition established by Section
  1007.002, 1007.004, or 1007.005; or
               (4)  cannot, because of illness or disability,
  discharge the commissioner's duties for a substantial part of the
  commissioner's term.
         (b)  The validity of an action of the commissioner or the
  department is not affected by the fact that it is taken when a
  ground for removal of the commissioner exists.
         Sec. 1001.027.  TRAINING PROGRAM FOR COMMISSIONER. (a) Not
  later than the 90th day after the date on which the commissioner
  takes office, the commissioner shall complete a training program
  that complies with this section.
         (b)  The training program must provide the commissioner with
  information regarding:
               (1)  the legislation that created the department;
               (2)  the programs operated by the department;
               (3)  the role and functions of the department;
               (4)  the rules of the department, with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               (5)  the current budget for the department;
               (6)  the results of the most recent formal audit of the
  department;
               (7)  the requirements of:
                     (A)  the open meetings law, Chapter 551,
  Government Code;
                     (B)  the public information law, Chapter 552,
  Government Code;
                     (C)  the administrative procedure law, Chapter
  2001, Government Code; and
                     (D) other laws relating to public officials,
  including conflict of interest laws; and
               (8)  any applicable ethics policies adopted by the
  department or the Texas Ethics Commission.
  [Sections 1001.028-1001.040 reserved for expansion]
  SUBCHAPTER C. PERSONNEL
         Sec. 1001.041.  DEPARTMENT PERSONNEL. (a) Subject to the
  General Appropriations Act or other law, the commissioner shall
  appoint deputies, assistants, and other personnel as necessary to
  carry out the powers and duties of the commissioner and the
  department under this code, other applicable motor vehicle laws of
  this state, and other laws granting jurisdiction or applicable to
  the department or the commissioner.
         (b)  A person appointed under this section must have the
  professional, administrative, and motor vehicle experience
  necessary to qualify the person for the position to which the person
  is appointed.
         (c)  A person appointed as an associate or deputy
  commissioner or to hold an equivalent position must have at least
  five years of the experience required for appointment as
  commissioner under Section 1001.023. At least two years of that
  experience must be in work related to the position to be held.
         Sec. 1001.042.  DIVISION OF RESPONSIBILITIES. The
  commissioner shall develop and implement policies that clearly
  define the respective responsibilities of the commissioner and the
  staff of the department.
         Sec. 1001.043.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;
  REPORT. (a) The commissioner or the commissioner's designee shall
  prepare and maintain a written policy statement to ensure
  implementation of a program of equal employment opportunity under
  which all personnel transactions are made without regard to race,
  color, disability, sex, religion, age, or national origin. The
  policy statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, appointment, training, and
  promotion of personnel that are in compliance with Chapter 21,
  Labor Code;
               (2)  a comprehensive analysis of the department
  workforce that meets federal and state guidelines;
               (3)  procedures by which a determination can be made of
  significant underuse in the department workforce of all persons for
  whom federal or state guidelines encourage a more equitable
  balance; and
               (4)  reasonable methods to appropriately address those
  areas of significant underuse.
         (b)  A policy statement prepared under this section must:
               (1)  cover an annual period;
               (2)  be updated annually;
               (3)  be reviewed by the civil rights division of the
  Texas Workforce Commission for compliance with Subsection (a); and
               (4)  be filed with the governor.
         (c)  The governor shall deliver a biennial report to the
  legislature based on the information received under Subsection (b).
  The report may be made separately or as a part of other biennial
  reports made to the legislature.
         Sec. 1001.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT.
  The commissioner shall provide to department employees, as often as
  necessary, information regarding their:
               (1)  qualification for office or employment under this
  subtitle; and
               (2)  responsibilities under applicable laws relating
  to standards of conduct for state employees.
         Sec. 1001.045.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS. (a) The commissioner or the commissioner's designee
  shall develop an intra-agency career ladder program. The program
  must require intra-agency posting of all nonentry level positions
  concurrently with any public posting.
         (b)  The commissioner or the commissioner's designee shall
  develop a system of annual performance evaluations. All merit pay
  for department employees must be based on the system established
  under this subsection.
  CHAPTER 1002. RULES
         Sec. 1002.001.  GENERAL RULEMAKING AUTHORITY. The
  commissioner or the department may adopt any rules necessary and
  appropriate to implement the powers and duties of the department
  under this code and other laws of this state.
         Sec. 1002.002.  RULES RESTRICTING ADVERTISING OR
  COMPETITIVE BIDDING. The commissioner or the department may not
  adopt rules restricting advertising or competitive bidding by a
  person regulated by the department except to prohibit false,
  misleading, or deceptive practices by the person.
         Sec. 1002.003.  INTERIM RULES TO COMPLY WITH FEDERAL
  REQUIREMENTS. (a) The commissioner or the department may adopt
  rules to implement state responsibility in compliance with a
  federal law or regulation or action of a federal court relating to a
  person or activity under the jurisdiction of the department if:
               (1)  federal law or regulation, or an action of a
  federal court, requires:
                     (A)  a state to adopt the rules; or
                     (B)  action by a state to ensure protection of the
  citizens of the state;
               (2)  the rules will avoid federal preemption of an
  activity under the jurisdiction of the department; or
               (3)  the rules will prevent the loss of federal funds to
  this state.
         (b)  The commissioner or the department may adopt a rule
  under this section only if the federal action requiring the
  adoption of a rule occurs or takes effect between sessions of the
  legislature or at such time during a session of the legislature that
  sufficient time does not remain to permit the preparation of a
  recommendation for legislative action or permit the legislature to
  act. A rule adopted under this section shall remain in effect only
  until 30 days following the end of the next session of the
  legislature unless a law is enacted that authorizes the subject
  matter of the rule. If a law is enacted that authorizes the subject
  matter of the rule, the rule will continue in effect.
  CHAPTER 1003. DEPARTMENT PROCEDURES
         Sec. 1003.001.  APPLICABILITY OF CERTAIN LAWS. Except as
  specifically provided by law, the department is subject to Chapters
  2001 and 2002, Government Code.
         Sec. 1003.002.  SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)
  The commissioner or the department by rule may:
               (1)  create a summary procedure for routine matters;
  and
               (2)  designate department activities that otherwise
  would be subject to Chapter 2001, Government Code, as routine
  matters to be handled under the summary procedure.
         (b)  An activity may be designated as a routine matter only
  if the activity is:
               (1)  voluminous;
               (2)  repetitive;
               (3)  believed to be noncontroversial; and
               (4)  of limited interest to anyone other than persons
  immediately involved in or affected by the proposed department
  action.
         (c)  The rules may establish procedures different from those
  contained in Chapter 2001, Government Code. The procedures must
  require, for each party directly involved, notice of a proposed
  negative action not later than the fifth day before the date the
  action is proposed to be taken.
         (d)  A rule adopted by the commissioner under this section
  may provide for the delegation of authority to take action on a
  routine matter to a salaried employee of the department designated
  by the commissioner.
         Sec. 1003.003.  REVIEW OF ACTION ON ROUTINE MATTER. (a) A
  person directly or indirectly affected by an action of the
  commissioner or the department on a routine matter taken under the
  summary procedure adopted under Section 1003.002 is entitled to a
  review of the action under Chapter 2001, Government Code.
         (b)  The person must apply to the commissioner not later than
  the 60th day after the date of the action to be entitled to the
  review.
         (c)  The timely filing of the application for review
  immediately stays the action pending a hearing on the merits.
         (d)  The commissioner and the department may adopt rules
  relating to an application for review under this section and
  consideration of the application.
         Sec. 1003.004.  INFORMAL DISPOSITION OF CERTAIN CONTESTED
  CASES. The commissioner or the department, as applicable, may, on
  written agreement or stipulation of each party and any intervenor,
  informally dispose of a contested case in accordance with Section
  2001.056, Government Code, notwithstanding any provision of this
  code or other law that requires a hearing before the commissioner or
  the department, as applicable.
         Sec. 1003.005.  NEWSPAPER PUBLICATION. Except as otherwise
  provided by law, a notice or other matter that this code or other
  law requires the commission or the department to publish must be
  published for three successive weeks in two newspapers that:
               (1)  are printed in this state; and
               (2)  have a general circulation in this state.
               CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES
  AND PRODUCTION OF RECORDS
         Sec. 1004.001.  DEFINITION. In this chapter, "records"
  includes books, accounts, documents, papers, correspondence, and
  other material.
         Sec. 1004.002.  SUBPOENA AUTHORITY. (a) With respect to a
  matter that the commissioner or the department has authority to
  consider or investigate, the commissioner or the department may
  issue a subpoena applicable throughout this state that requires:
               (1)  the attendance and testimony of a witness; and
               (2)  the production of records.
         (b)  In connection with a subpoena, the commissioner or
  department may require attendance and production of records before
  the commissioner or the commissioner's designee:
               (1)  at the department's offices in Austin; or
               (2)  at another place designated by the commissioner or
  the department.
         (c)  In connection with a subpoena, the commissioner or the
  commissioner's designee may administer an oath, examine a witness,
  or receive evidence.
         Sec. 1004.003.  SERVICE OF SUBPOENA. (a) A subpoena issued
  by the commissioner or the department may be served, at the
  discretion of the commissioner or department, by the commissioner,
  an authorized agent of the commissioner, a sheriff, or a constable.
         (b)  The sheriff's or constable's fee for serving the
  subpoena is the same as the fee paid to the sheriff or constable for
  similar services.
         Sec. 1004.004.  ENFORCEMENT OF SUBPOENA. (a) On
  application of the commissioner or the department, as applicable,
  in the case of disobedience of a subpoena issued by the commissioner
  or the department or the contumacy of a person, a district court may
  issue an order requiring a person subpoenaed to obey the subpoena,
  to give evidence, or to produce records if the person has refused to
  do so.
         (b)  A court may punish as contempt the failure to obey a
  court order under Subsection (a).
         (c)  If the court orders compliance with the subpoena or
  finds the person in contempt for failure to obey the order, the
  commissioner or the department, as applicable, or the attorney
  general when representing the department, may recover reasonable
  costs and fees, including attorney's fees and investigative costs
  incurred in the proceedings.
         (d)  An application under Subsection (a) must be made in a
  district court in Travis County or in the county in which the
  subpoena is served.
         Sec. 1004.005.  COMPENSATION FOR ATTENDANCE. A person
  required by subpoena to attend a proceeding before the
  commissioner, the commissioner's designee, or the department is
  entitled to:
               (1)  reimbursement for mileage in the same amount for
  each mile as the mileage travel allowance for a state employee for
  traveling to or from the place where the person's attendance is
  required, if the place is more than 25 miles from the person's place
  of residence; and
               (2)  a fee for each day or part of a day the person is
  required to be present as a witness that is equal to the greater of:
                     (A)  $10; or
                     (B)  a state employee's per diem travel allowance.
         Sec. 1004.006. OUT-OF-STATE MATERIALS. (a) A person with
  materials located outside this state that are requested by the
  commissioner or the department may make the materials available for
  examination at the place where the materials are located.
         (b)  The commissioner may designate a representative,
  including an official of the state in which the materials are
  located, to examine the materials.
         (c)  The commissioner may respond to a similar request from
  an official of another state or of the United States.
         Sec. 1004.007.  ACCESS TO INFORMATION. (a) A record or
  other evidence acquired under a subpoena under this chapter is not a
  public record for the period the commissioner or the department, as
  applicable, considers reasonably necessary to:
               (1)  complete the investigation;
               (2)  protect the person being investigated from
  unwarranted injury; or
               (3)  serve the public interest.
         (b)  The record or other evidence is not subject to a
  subpoena, other than a grand jury subpoena, until:
               (1)  the record or other evidence is released for
  public inspection by the commissioner or the department; or
               (2)  after notice and a hearing, a district court
  determines that obeying the subpoena would not jeopardize the
  public interest and any investigation by the commissioner or the
  department.
         (c)  Except for good cause, a district court order under
  Subsection (b) may not apply to:
               (1)  a record or communication received from a law
  enforcement agency or another regulatory agency; or
               (2)  the internal notes, memoranda, reports, or
  communications made in connection with a matter that the
  commissioner or the department has the authority to consider or
  investigate.
         Sec. 1004.008.  PRIVILEGED AND CONFIDENTIAL RECORDS AND
  INFORMATION; PROTECTIVE ORDERS. (a) A record subpoenaed and
  produced under this chapter that is otherwise privileged or
  confidential by law remains privileged or confidential until
  admitted into evidence in an administrative hearing or a court.
         (b)  The commissioner may issue a protective order relating
  to the confidentiality or privilege of a record described by
  Subsection (a) to restrict the use or distribution of the record:
               (1)  by a person; or
               (2)  in a proceeding other than a proceeding before the
  commissioner or the department.
         Sec. 1004.009.  COOPERATION WITH LAW ENFORCEMENT. On
  request, the commissioner or the department may furnish records or
  other evidence obtained by subpoena to:
               (1)  a law enforcement agency of this state, another
  state, or the United States; or
               (2)  a prosecuting attorney of a municipality, county,
  or judicial district of this state, another state, or the United
  States.
         Sec. 1004.010.  EFFECT ON CONTESTED CASE. Sections
  1004.002, 1004.006, 1004.007, and 1004.009 do not affect the
  conduct of a contested case under Chapter 2001, Government Code.
  CHAPTER 1005. JUDICIAL REVIEW
         Sec. 1005.001.  ACTION SUBJECT TO JUDICIAL REVIEW. An
  action of the commissioner or the department subject to judicial
  review under this chapter includes a decision, order, rate, rule,
  form, or administrative or other ruling of the commissioner.
         Sec. 1005.002.  PETITION FOR JUDICIAL REVIEW. (a) After
  failing to get relief from the commissioner, any party at interest
  who is dissatisfied with an action of the commissioner or the
  department may file a petition for judicial review against the
  commissioner or department, as applicable, as defendant.
         (b)  The petition must state the particular objection to the
  action and may be filed only in a district court in Travis County.
         Sec. 1005.003.  JUDICIAL REVIEW. Judicial review of the
  action is under the substantial evidence rule and shall be
  conducted under Chapter 2001, Government Code.
         Sec. 1005.004.  ACTION NOT VACATED. (a) The filing of a
  petition for judicial review of an action under this chapter does
  not vacate the action.
         (b)  After notice and hearing, the court may vacate the
  action if the court finds it would serve the interest of justice to
  do so.
         Sec. 1005.005.  APPEAL. (a) A party to the action under
  Section 1005.002 may appeal to an appellate court that has
  jurisdiction, and the appeal is at once returnable to that court.
         (b)  An appeal under this section has precedence in the
  appellate court over any cause of a different character pending in
  the court.
         (c)  The commissioner or the department is not required to
  give an appeal bond in an appeal arising under this chapter.
  CHAPTER 1006. PUBLIC ACCESS
         Sec. 1006.001.  ACCESS TO PROGRAMS AND FACILITIES. (a) The
  department shall prepare and maintain a written plan that describes
  how a person who does not speak English may be provided reasonable
  access to the department's programs.
         (b)  The department shall comply with federal and state laws
  for program and facility accessibility.
         Sec. 1006.002.  PUBLIC COMMENT. The commissioner and the
  department shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the
  commissioner or the department and to speak on any issue under the
  jurisdiction of the commissioner or the department.
         Sec. 1006.003.  PUBLIC REPRESENTATION ON ADVISORY BODY. (a)
  At least one-half of the membership of each advisory body appointed
  by the commissioner, other than an advisory body whose membership
  is determined by this code or by other law, must represent the
  general public.
         (b) A public representative may not be:
               (1)  an officer, director, or employee of a business
  entity regulated by the department;
               (2)  a person required to register with the Texas
  Ethics Commission under Chapter 305, Government Code; or
               (3)  a person related within the second degree by
  affinity or consanguinity to a person described by Subdivision (1)
  or (2).
  CHAPTER 1007. STANDARDS OF CONDUCT
         Sec. 1007.001.  APPLICATION OF LAW RELATING TO ETHICAL
  CONDUCT. The commissioner and each employee or agent of the
  department is subject to the code of ethics and the standard of
  conduct imposed by Chapter 572, Government Code, and any other law
  regulating the ethical conduct of state officers and employees.
         Sec. 1007.002.  CERTAIN BUSINESS INTERESTS; SERVICE AS
  COMMISSIONER. A person is not eligible for appointment as
  commissioner if the person, the person's spouse, or any other
  person who resides in the same household as the person:
               (1)  is registered, certified, or licensed by the
  department;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving funds from the department;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving funds from the department;
  or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or funds from the department, other than
  compensation or reimbursement authorized by law.
         Sec. 1007.003.  CERTAIN BUSINESS INTERESTS; EMPLOYEES. (a)
  A person who is a director, officer, attorney, agent, or employee of
  an occupation or business entity regulated by the department may
  not be employed by the department.
         (b)  A person who resides in the same household as a person
  who is an officer, managerial employee, or paid consultant in an
  occupation or business entity regulated by the department may not
  be employed in an exempt salary position as defined by the General
  Appropriations Act.
         Sec. 1007.004.  TRADE ASSOCIATIONS. (a) A person who is an
  officer, employee, or paid consultant of a trade association of
  motor vehicle dealers may not be:
               (1)  the commissioner; or
               (2)  an employee of the department who is exempt from
  the state's position classification plan or is compensated at or
  above the amount prescribed by the General Appropriations Act for
  step 1, salary group A17, of the position classification salary
  schedule.
         (b)  A person who is the spouse of an officer, manager, or
  paid consultant of a trade association of motor vehicle dealers may
  not be:
               (1)  the commissioner; or
               (2)  an employee of the department who is exempt from
  the state's position classification plan or is compensated at or
  above the amount prescribed by the General Appropriations Act for
  step 1, salary group A17, of the position classification salary
  schedule.
         (c)  In this section, "trade association" means a nonprofit,
  cooperative, and voluntarily joined association of business or
  professional competitors designed to assist its members and its
  industry or profession in dealing with mutual business or
  professional problems and in promoting their common interest.
         Sec. 1007.005.  LOBBYING ACTIVITIES. A person may not serve
  as the commissioner or act as the general counsel to the
  commissioner if the person is required to register as a lobbyist
  under Chapter 305, Government Code, because of the person's
  activities for compensation on behalf of an occupation related to
  the operation of the department.
         Sec. 1007.006.  PROHIBITED REPRESENTATION. (a) A person
  who served as the commissioner, the general counsel to the
  commissioner or to the department, or an employee of the State
  Office of Administrative Hearings who was involved in hearing cases
  under this code or another motor vehicle law of this state commits
  an offense if the person represents another person in a matter
  before the commissioner or the department or receives compensation
  for services performed on behalf of another person regarding a
  matter pending before the commissioner or the department during the
  one-year period after the date the person ceased to be the
  commissioner, the general counsel to the commissioner or the
  department, or an employee of the State Office of Administrative
  Hearings.
         (b)  A person who served as a member of the Texas
  Transportation Commission or the Public Safety Commission or as an
  employee of the Texas Department of Transportation or Department of
  Public Safety, or who served as the commissioner, the general
  counsel to the commissioner or the department, or an employee of the
  department or the State Office of Administrative Hearings, commits
  an offense if, after the person ceased to serve, the person
  represents another person or receives compensation for services
  performed on behalf of another person regarding a matter with which
  the person was directly concerned during the person's service. For
  purposes of this subsection, a person was directly concerned with a
  matter if the person had personal involvement with the matter or if
  the matter was within the scope of the person's official
  responsibility.
         (c)  An offense under this section is a Class A misdemeanor.
         (d)  This section does not apply to a department employee
  whose position is eliminated as a direct result of a reduction in
  the department's workforce.
  ARTICLE 2.  TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS
  DEPARTMENT OF TRANSPORTATION
  PART A. GENERAL PROVISIONS AND ADMINISTRATION
         SECTION 2A.01.  Section 201.202(a), Transportation Code, is
  amended to read as follows:
         (a)  The commission shall organize the department into
  divisions to accomplish the department's functions and the duties
  assigned to it, including divisions for:
               (1)  aviation;
               (2)  highways and roads; and
               (3)  public transportation[; and
               [(4)  motor vehicle titles and registration].
         SECTION 2A.02.  Section 201.931(2), Transportation Code, is
  amended to read as follows:
               (2)  "License" includes:
                     (A)  a permit issued by the department that
  authorizes the operation of a vehicle and its load or a combination
  of vehicles and load exceeding size or weight limitations;
                     (B)  a motor carrier registration issued under
  Chapter 643;
                     (C)  a vehicle storage facility license issued
  under Chapter 2303, Occupations Code;
                     (D)  a license or permit for outdoor advertising
  issued under Chapter 391 or 394; and
                     (E)  a salvage vehicle dealer or agent license
  issued under Chapter 2302, Occupations Code[;
                     [(F)     specially designated or specialized license
  plates issued under Subchapters E and F, Chapter 502; and
                     [(G)     an apportioned registration issued
  according to the International Registration Plan under Section
  502.054].
         SECTION 2A.03.  The following sections of the Transportation
  Code are repealed:
               (1)  Section 201.202(c); and
               (2)  Section 201.805, as added by Chapter 1407 (S.B.
  766), Acts of the 80th Legislature, Regular Session, 2007.
  PART B. CONTROL OF TRANSPORTATION ASSETS
         SECTION 2B.01.  Section 202.002, Transportation Code, is
  repealed.
  PART C. FUNDING AND FEDERAL AID
         SECTION 2C.01.  Section 222.001, Transportation Code, is
  amended to read as follows:
         Sec. 222.001.  USE OF STATE HIGHWAY FUND.  Money that is
  required to be used for public roadways by the Texas Constitution or
  federal law and that is deposited in the state treasury to the
  credit of the state highway fund, including money deposited to the
  credit of the state highway fund under Title 23, United States Code,
  may be used only:
               (1)  to improve the state highway system;
               (2)  to mitigate adverse environmental effects that
  result directly from construction or maintenance of a state highway
  by the department; [or]
               (3)  by the Department of Public Safety to police the
  state highway system and to administer state laws relating to
  traffic and safety on public roads; or
               (4)  by the Texas Department of Motor Vehicles to
  administer state laws relating to traffic and safety on public
  roads.
         SECTION 2C.02.  Section 222.002, Transportation Code, is
  amended to read as follows:
         Sec. 222.002.  USE OF STATE HIGHWAY FUND FOR DEPARTMENT
  FUNCTIONS.  Subject to legislative appropriation, money [Money] in
  the state highway fund that is not required to be spent for public
  roadways by the Texas Constitution or federal law may be used for
  any function performed by the department or the Texas Department of
  Motor Vehicles.
  PART D. STATE HIGHWAY TOLL PROJECTS
         SECTION 2D.01.  Sections 228.055(b) and (h), Transportation
  Code, are amended to read as follows:
         (b)  The department may impose and collect the
  administrative fee, so as to recover the cost of collecting the
  unpaid toll, not to exceed $100.  The department shall send a
  written notice of nonpayment to the registered owner of the vehicle
  at that owner's address as shown in the vehicle registration
  records of the Texas Department of Motor Vehicles [department] by
  first class mail and may require payment not sooner than the 30th
  day after the date the notice was mailed.  The registered owner
  shall pay a separate toll and administrative fee for each event of
  nonpayment under Section 228.054.
         (h)  In this section, "registered owner" means the owner of a
  vehicle as shown on the vehicle registration records of the Texas
  Department of Motor Vehicles [department] or the analogous
  department or agency of another state or country.
         SECTION 2D.02.  Section 228.056(b), Transportation Code, is
  amended to read as follows:
         (b)  In the prosecution of an offense under Section
  228.055(c), (d), or (e):
               (1)  it is presumed that the notice of nonpayment was
  received on the fifth day after the date of mailing;
               (2)  a computer record of the Texas Department of Motor
  Vehicles [department] of the registered owner of the vehicle is
  prima facie evidence of its contents and that the defendant was the
  registered owner of the vehicle when the underlying event of
  nonpayment under Section 228.054 occurred; and
               (3)  a copy of the rental, lease, or other contract
  document covering the vehicle on the date of the underlying event of
  nonpayment under Section 228.054 is prima facie evidence of its
  contents and that the defendant was the lessee of the vehicle when
  the underlying event of nonpayment under Section 228.054 occurred.
  PART E. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
  HIGHWAYS IN CERTAIN COUNTIES
         SECTION 2E.01.  Sections 284.0701(b), (e), and (h),
  Transportation Code, are amended to read as follows:
         (b)  The county may impose and collect the administrative
  cost so as to recover the expense of collecting the unpaid toll, not
  to exceed $100.  The county shall send a written notice of
  nonpayment to the registered owner of the vehicle at that owner's
  address as shown in the vehicle registration records of the Texas
  Department of Motor Vehicles [department] by first-class mail not
  later than the 30th day after the date of the alleged failure to pay
  and may require payment not sooner than the 30th day after the date
  the notice was mailed. The registered owner shall pay a separate
  toll and administrative cost for each event of nonpayment under
  Section 284.070.
         (e)  It is an exception to the application of Subsection (a)
  or (c) if the registered owner of the vehicle transferred ownership
  of the vehicle to another person before the event of nonpayment
  under Section 284.070 occurred, submitted written notice of the
  transfer to the Texas Department of Motor Vehicles [department] in
  accordance with Section 520.023, and before the 30th day after the
  date the notice of nonpayment is mailed, provides to the county the
  name and address of the person to whom the vehicle was transferred.
  If the former owner of the vehicle provides the required
  information within the period prescribed, the county may send a
  notice of nonpayment to the person to whom ownership of the vehicle
  was transferred at the address provided by the former owner by
  first-class mail before the 30th day after the date of receipt of
  the required information from the former owner. The subsequent
  owner of the vehicle for which the proper toll was not paid who is
  mailed a written notice of nonpayment under this subsection and
  fails to pay the proper toll and administrative cost within the time
  specified by the notice of nonpayment commits an offense. The
  subsequent owner shall pay a separate toll and administrative cost
  for each event of nonpayment under Section 284.070. Each failure to
  pay a toll or administrative cost under this subsection is a
  separate offense.
         (h)  In this section, "registered owner" means the owner of a
  vehicle as shown on the vehicle registration records of the Texas
  Department of Motor Vehicles [department] or the analogous
  department or agency of another state or country.
  PART F. CERTIFICATE OF TITLE ACT
         SECTION 2F.01.  Section 501.002(3), Transportation Code, is
  amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  PART G. REGISTRATION OF VEHICLES
         SECTION 2G.01.  Section 502.001(3), Transportation Code, is
  amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 2G.02.  Sections 502.053(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The department [Texas Department of Transportation]
  shall reimburse the Texas Department of Criminal Justice for the
  cost of manufacturing license plates or registration insignia as
  the license plates or insignia and the invoice for the license
  plates or insignia are delivered to the department [Texas
  Department of Transportation].
         (b)  When manufacturing is started, the Texas Department of
  Criminal Justice, the department [Texas Department of
  Transportation], and the comptroller, after negotiation, shall set
  the price to be paid for each license plate or insignia.  The price
  must be determined from:
               (1)  the cost of metal, paint, and other materials
  purchased;
               (2)  the inmate maintenance cost per day;
               (3)  overhead expenses;
               (4)  miscellaneous charges; and
               (5)  a previously approved amount of profit for the
  work.
  PART H. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
         SECTION 2H.01.  Sections 503.001(2) and (5), Transportation
  Code, are amended to read as follows:
               (2)  "Commission" means the commissioner of motor
  vehicles [Texas Transportation Commission].
               (5)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 2H.02.  Section 503.001(1), Transportation Code, is
  repealed.
  PART I. MISCELLANEOUS PROVISIONS
         SECTION 2I.01.  Section 520.001, Transportation Code, is
  amended to read as follows:
         Sec. 520.001.  DEFINITION.  In this chapter, "department"
  means the Texas Department of Motor Vehicles [Transportation].
  PART J. COMPULSORY INSPECTION OF VEHICLES
         SECTION 2J.01.  Section 548.306(h), Transportation Code, is
  amended to read as follows:
         (h)  The Texas Department of Motor Vehicles [Transportation]
  may deny reregistration of a vehicle if the registered owner of the
  vehicle has received notification under Subsection (c) and the
  vehicle has not passed a verification emissions inspection.
  PART K. ACCIDENTS AND ACCIDENT REPORTS
         SECTION 2K.01.  Section 550.0601, Transportation Code, is
  amended to read as follows:
         Sec. 550.0601.  DEFINITION.  In this subchapter,
  "department" means the Texas Department of Motor Vehicles
  [Transportation].
         SECTION 2K.02.  Section 550.081, Transportation Code, as
  amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         Sec. 550.081.  REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
  PEACE.  (a)  In this section, "department" means the Texas
  Department of Motor Vehicles.
         (b)  A medical examiner or justice of the peace acting as
  coroner in a county that does not have a medical examiner's office
  or that is not part of a medical examiner's district shall submit a
  report in writing to the department [Texas Department of
  Transportation] of the death of a person that was the result of a
  traffic accident to which this chapter applies and that occurred
  within the jurisdiction of the medical examiner or justice of the
  peace in the preceding calendar quarter.
         (c) [(b)]  The report must be submitted before the 11th day
  of each calendar month and include:
               (1)  the name of the deceased and a statement as to
  whether the deceased was:
                     (A)  the operator of or a passenger in a vehicle
  involved in the accident; or
                     (B)  a pedestrian or other nonoccupant of a
  vehicle;
               (2)  the date of the accident and the name of the county
  in which the accident occurred;
               (3)  the name of any laboratory, medical examiner's
  office, or other facility that conducted toxicological testing
  relative to the deceased; and
               (4)  the results of any toxicological testing that was
  conducted.
         (d) [(c)]  A report required by this section shall be sent
  to:
               (1)  the crash records bureau of the department at its
  headquarters in Austin; or
               (2)  any other office or bureau of the department that
  the department designates.
         (e) [(d)]  If toxicological test results are not available
  to the medical examiner or justice of the peace on the date a report
  must be submitted, the medical examiner or justice shall:
               (1)  submit a report that includes the statement
  "toxicological test results unavailable"; and
               (2)  submit a supplement to the report that contains
  the information required by Subsections (c)(3) [(b)(3)] and (4) as
  soon as practicable after the toxicological test results become
  available.
         (f) [(e)]  The department shall prepare and when requested
  supply to medical examiners' offices and justices of the peace the
  forms necessary to make the reports required by this section.
  PART L. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
         SECTION 2L.01.  Section 551.302, Transportation Code, is
  amended to read as follows:
         Sec. 551.302.  REGISTRATION.  The Texas Department of Motor
  Vehicles [Transportation] may adopt rules relating to the
  registration and issuance of license plates to neighborhood
  electric vehicles.
  PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
         SECTION 2M.01.  Sections 601.004(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  The operator of a motor vehicle that is involved in an
  accident in this state shall report the accident to the department
  [Texas Department of Transportation] not later than the 10th day
  after the date of the accident if:
               (1)  the accident is not investigated by a law
  enforcement officer; and
               (2)  at least one person, including the operator,
  sustained:
                     (A)  bodily injury or death; or
                     (B)  property damage to an apparent extent of at
  least $1,000.
         (c)  The report must be made in writing in the form
  prescribed by the [Texas Department of Transportation and the]
  department and must contain information as necessary to enable the
  department to determine if the requirements for the deposit of
  security under Subchapter F do not apply because of the existence of
  insurance or an exception specified in this chapter.  The operator
  or owner shall provide additional information as required by the
  department.
         (d)  A written report of an accident made to the department
  [Texas Department of Transportation] under Section 550.061 or
  550.062 complies with this section if that report contains the
  information required by this section.
         SECTION 2M.02.  Section 601.023, Transportation Code, is
  amended to read as follows:
         Sec. 601.023.  PAYMENT OF STATUTORY FEES.  The department
  may pay[:
               [(1)     a statutory fee required by the Texas Department
  of Transportation for a certified abstract or in connection with
  suspension of a vehicle registration; or
               [(2)]  a statutory fee payable to the comptroller for
  issuance of a certificate of deposit required by Section 601.122.
         SECTION 2M.03.  Section 601.451, Transportation Code, as
  added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
  Regular Session, 2005, is amended to read as follows:
         Sec. 601.451.  DEFINITION.  In this subchapter,
  "implementing agencies" means:
               (1)  the department;
               (2)  [the Texas Department of Transportation;
               [(3)]  the Texas Department of Insurance; and
               (3) [(4)]  the Department of Information Resources.
         SECTION 2M.04.  Subchapter N, Chapter 601, Transportation
  Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
  Legislature, Regular Session, 2003, is repealed.
  PART N. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
  STOPPING OFFENSES
         SECTION 2N.01.  Section 682.008, Transportation Code, is
  amended to read as follows:
         Sec. 682.008.  PRESUMPTIONS.  In an administrative
  adjudication hearing under this chapter:
               (1)  it is presumed that the registered owner of the
  motor vehicle is the person who parked or stopped the vehicle at the
  time and place of the offense charged; and
               (2)  the Texas Department of Motor Vehicle's
  [Transportation's] computer-generated record of the registered
  vehicle owner is prima facie evidence of the contents of the record.
  PART O. ABANDONED MOTOR VEHICLES
         SECTION 2O.01.  Section 683.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
         SECTION 2P.01.  Section 702.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
         SECTION 2Q.01.  Section 707.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Owner of a motor vehicle" means the owner of a
  motor vehicle as shown on the motor vehicle registration records of
  the Texas Department of Motor Vehicles [Transportation] or the
  analogous department or agency of another state or country.
         SECTION 2Q.02.  Section 707.011(b), Transportation Code, is
  amended to read as follows:
         (b)  Not later than the 30th day after the date the violation
  is alleged to have occurred, the designated department, agency, or
  office of the local authority or the entity with which the local
  authority contracts under Section 707.003(a)(1) shall mail the
  notice of violation to the owner at:
               (1)  the owner's address as shown on the registration
  records of the Texas Department of Motor Vehicles [Transportation];
  or
               (2)  if the vehicle is registered in another state or
  country, the owner's address as shown on the motor vehicle
  registration records of the department or agency of the other state
  or country analogous to the Texas Department of Motor Vehicles
  [Transportation].
         SECTION 2Q.03.  Section 707.017, Transportation Code, is
  amended to read as follows:
         Sec. 707.017.  ENFORCEMENT.  If the owner of a motor vehicle
  is delinquent in the payment of a civil penalty imposed under this
  chapter, the county assessor-collector or the Texas Department of
  Motor Vehicles [Transportation] may refuse to register a motor
  vehicle alleged to have been involved in the violation.
  PART R. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
         SECTION 2R.01.  Sections 1(3) and (4), Article 4413(37),
  Revised Statutes, are amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
               (4)  "Commissioner" ["Director"] means the
  commissioner of motor vehicles [executive director of the Texas
  Department of Transportation].
         SECTION 2R.02.  Section 2, Article 4413(37), Revised
  Statutes, is amended to read as follows:
         Sec. 2.  ESTABLISHMENT OF AUTHORITY.  The Automobile
  Burglary and Theft Prevention Authority is established in the Texas
  Department of Motor Vehicles [Transportation]. The authority is
  not an advisory body to the Texas Department of Motor Vehicles
  [Transportation].
         SECTION 2R.03.  Sections 3(c), (h), and (l), Article
  4413(37), Revised Statutes, are amended to read as follows:
         (c)  The commissioner [director of the Department of Public
  Safety] or the commissioner's [director's] designee serves ex
  officio as the seventh member of the authority.
         (h)  If the commissioner [director] has knowledge that a
  potential ground for removal exists, the commissioner [director]
  shall notify the presiding officer of the authority of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the commissioner [director] shall notify the
  next highest officer of the authority, who shall notify the
  governor and the attorney general that a potential ground for
  removal exists.
         (l)  The commissioner [director] or the commissioner's
  [director's] designee shall provide to members of the authority, as
  often as necessary, information regarding their qualifications for
  office under this article and their responsibilities under
  applicable laws relating to standards of conduct for state
  officers.
         SECTION 2R.04.  Sections 9(a), (b), and (g), Article
  4413(37), Revised Statutes, are amended to read as follows:
         (a)  The authority shall develop a statewide motor vehicle
  registration program to be administered by the department
  [Department of Public Safety].
         (b)  The authority shall identify a period of the day during
  which most motor vehicles are not used. An owner of a motor vehicle
  that does not usually use the motor vehicle during that period may
  register the motor vehicle with the department [Department of
  Public Safety] in accordance with the program developed by the
  authority.
         (g)  The department [Department of Public Safety] shall
  adopt rules to administer the program and shall adopt fees in an
  amount sufficient to recover the cost of administering the program.
  ARTICLE 3. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
  OF PUBLIC SAFETY
  PART A.  REGIONAL MOBILITY AUTHORITIES
         SECTION 3A.01.  Sections 370.191(c), (d), and (e),
  Transportation Code, are amended to read as follows:
         (c)  To the extent an authority considers appropriate to
  expedite commerce and based on the Texas ITS/CVO Business Plan
  prepared by the department, the Texas Department of Motor Vehicles 
  [Public Safety], and the comptroller, the authority shall provide
  for implementation by the appropriate agencies of the use of
  Intelligent Transportation Systems for Commercial Vehicle
  Operations (ITS/CVO) in any new commercial motor vehicle inspection
  facility constructed by the authority and in any existing facility
  located at a port of entry to which this section applies. The
  authority shall coordinate with other state and federal
  transportation officials to develop interoperability standards for
  the systems.
         (d)  If an authority constructs a facility at which
  commercial vehicle safety inspections are conducted, the facility
  may not be used solely for the purpose of conducting commercial
  motor vehicle inspections by the Texas Department of Motor Vehicles 
  [Public Safety] and the facility must include implementation of
  ITS/CVO technology by the appropriate agencies to support all
  commercial motor vehicle regulation and enforcement functions.
         (e)  As part of its implementation of technology under this
  section, an authority shall to the greatest extent possible as a
  requirement of the construction of the facility:
               (1)  enhance efficiency and reduce complexity for motor
  carriers by providing a single point of contact between carriers
  and regulating state and federal government officials and providing
  a single point of information, available to wireless access, about
  federal and state regulatory and enforcement requirements;
               (2)  prevent duplication of state and federal
  procedures and locations for regulatory and enforcement
  activities, including consolidation of collection of applicable
  fees;
               (3)  link information systems of the authority, the
  department, the Texas Department of Motor Vehicles [Public Safety],
  the comptroller, and, to the extent possible, the United States
  Department of Transportation and other appropriate regulatory and
  enforcement entities; and
               (4)  take other necessary action to:
                     (A)  facilitate the flow of commerce;
                     (B)  assist federal interdiction efforts;
                     (C)  protect the environment by reducing idling
  time of commercial motor vehicles at the facilities;
                     (D)  prevent highway damage caused by overweight
  commercial motor vehicles; and
                     (E)  seek federal funds to assist in the
  implementation of this section.
  PART B. CERTIFICATE OF TITLE ACT
         SECTION 3B.01.  Section 501.100(e), Transportation Code, is
  amended to read as follows:
         (e)  On or after the 31st day after the date the department
  receives a rebuilder fee under Subsection (d), the department shall
  deposit $50 of the fee to the credit of the state highway fund to be
  used only by the department [Department of Public Safety] to
  enforce this chapter and $15 to the credit of the general revenue
  fund.
  PART C. REGISTRATION OF VEHICLES
         SECTION 3C.01.  Sections 502.009(a), (b), and (d),
  Transportation Code, are amended to read as follows:
         (a)  The department [Department of Public Safety] shall
  ensure compliance with the motor vehicle emissions inspection and
  maintenance program through a vehicle inspection sticker-based
  enforcement system except as provided by this section or Section
  548.3011. Subsections (b)-(e) apply only if the United States
  Environmental Protection Agency determines that the state has not
  demonstrated, as required by 40 C.F.R. Section 51.361, that
  sticker-based enforcement of the program is more effective than
  registration-based enforcement and gives the Texas Natural
  Resource Conservation Commission or the governor written
  notification that the reregistration-based enforcement of the
  program, as described by those subsections, will be required. If
  Subsections (b)-(e) are made applicable as provided by this
  subsection, the department shall terminate reregistration-based
  enforcement of the program under those subsections on the date the
  United States Environmental Protection Agency gives the Texas
  Natural Resource Conservation Commission or a person the commission
  designates written notification that reregistration-based
  enforcement is not required for the state implementation plan.
         (b)  The department may not register a motor vehicle if the
  department determines or receives from the Texas Natural Resource
  Conservation Commission [or the Department of Public Safety]
  notification that the registered owner of the vehicle has not
  complied with Subchapter F, Chapter 548.
         (d)  The department and[,] the Texas Natural Resource
  Conservation Commission[, and the Department of Public Safety]
  shall enter an agreement regarding the responsibilities for costs
  associated with implementing this section.
         SECTION 3C.02.  Section 502.1715(b), Transportation Code,
  is amended to read as follows:
         (b)  Fees collected under this section shall be deposited to
  the credit of the state highway fund.  Subject to appropriations,
  the money shall be used by the department [Department of Public
  Safety] to:
               (1)  support the department's [Department of Public
  Safety's] reengineering of the driver's license system to provide
  for the issuance by the department [Department of Public Safety] of
  a driver's license or personal identification certificate, to
  include use of image comparison technology;
               (2)  establish and maintain a system to support the
  driver responsibility program under Chapter 708; and
               (3)  make lease payments to the master lease purchase
  program for the financing of the driver's license reengineering
  project.
         SECTION 3C.03.  Section 502.1715(c), Transportation Code,
  as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
  the 79th Legislature, Regular Session, 2005, is reenacted and
  amended to read as follows:
         (c)  Fees collected under this section shall be deposited to
  the credit of the state highway fund.  Subject to appropriation,
  the money may be used by the [Department of Public Safety, the]
  Texas Department of Insurance, the Department of Information
  Resources, and the department to carry out Subchapter N, Chapter
  601.
         SECTION 3C.04.  Section 502.1715(d), Transportation Code,
  is amended to read as follows:
         (d)  The [Department of Public Safety, the] Texas Department
  of Insurance, the Department of Information Resources, and the
  department shall jointly adopt rules and develop forms necessary to
  administer this section.
  PART D. DRIVER'S LICENSES AND CERTIFICATES
         SECTION 3D.01.  Sections 521.001(a)(1) and (2),
  Transportation Code, are amended to read as follows:
               (1)  "Commissioner" means the commissioner of motor
  vehicles.
               (2)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety.
               [(2)  "Director" means the public safety director].
         SECTION 3D.02.  Section 521.042(e), Transportation Code, is
  amended to read as follows:
         (e)  The commissioner [director] may maintain records
  required under this subchapter on microfilm or computer.
         SECTION 3D.03.  Section 521.043, Transportation Code, is
  amended to read as follows:
         Sec. 521.043.  ELIMINATION OF CERTAIN UNNECESSARY RECORDS.  
  The department is not required to maintain records relating to a
  person if the commissioner [director] decides that the records are
  no longer necessary, except that the department shall maintain a
  record of a conviction as long as the record may be used:
               (1)  as grounds for a license cancellation, suspension,
  revocation, or denial; or
               (2)  in conjunction with other records of convictions,
  to establish that a person is a frequent violator of traffic laws.
         SECTION 3D.04.  Section 521.163, Transportation Code, is
  amended to read as follows:
         Sec. 521.163.  REEXAMINATION.  (a)  The commissioner
  [director] may require the holder of a license to be reexamined if
  the commissioner [director] determines that the holder is incapable
  of safely operating a motor vehicle.
         (b)  The reexamination shall be conducted in the license
  holder's county of residence unless the holder and the commissioner
  [director] agree to a different location.
         SECTION 3D.05.  Sections 521.165(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The commissioner [director] may certify and set
  standards for the certification of certain employers, government
  agencies, and other appropriate organizations to allow those
  persons to train and test for the ability to operate certain types
  of vehicles.
         (c)  In issuing a driver's license for certain types of
  vehicles, the commissioner [director] may waive a driving test for
  an applicant who has successfully completed and passed the training
  and testing conducted by a person certified under Subsection (a).
         SECTION 3D.06.  Section 521.294, Transportation Code, is
  amended to read as follows:
         Sec. 521.294.  DEPARTMENT'S DETERMINATION FOR LICENSE
  REVOCATION.  The department shall revoke the person's license if
  the department determines that the person:
               (1)  is incapable of safely operating a motor vehicle;
               (2)  has not complied with the terms of a citation
  issued by a jurisdiction that is a party to the Nonresident Violator
  Compact of 1977 for a traffic violation to which that compact
  applies;
               (3)  has failed to provide medical records or has
  failed to undergo medical or other examinations as required by a
  panel of the medical advisory board;
               (4)  has failed to pass an examination required by the
  commissioner [director] under this chapter;
               (5)  has been reported by a court under Section
  521.3452 for failure to appear unless the court files an additional
  report on final disposition of the case;
               (6)  has been reported within the preceding two years
  by a justice or municipal court for failure to appear or for a
  default in payment of a fine for a misdemeanor punishable only by
  fine, other than a failure reported under Section 521.3452,
  committed by a person who is at least 14 years of age but younger
  than 17 years of age when the offense was committed, unless the
  court files an additional report on final disposition of the case;
  or
               (7)  has committed an offense in another state or
  Canadian province that, if committed in this state, would be
  grounds for revocation.
         SECTION 3D.07.  Section 521.310(a), Transportation Code, is
  amended to read as follows:
         (a)  If the commissioner [director] believes that a person
  who has been placed on probation under Section 521.309 has violated
  a term or condition of the probation, the commissioner [director]
  shall notify the person and summon the person to appear at a hearing
  in the court or before the presiding officer or judge who
  recommended that the person be placed on probation after notice as
  provided by Sections 521.295 and 521.296.
         SECTION 3D.08.  Sections 521.344(e), (f), and (g),
  Transportation Code, are amended to read as follows:
         (e)  After the date has passed, according to department
  records, for successful completion of the educational program
  designed to rehabilitate persons who operated motor vehicles while
  intoxicated, the commissioner [director] shall revoke the license
  of a person who does not successfully complete the program or, if
  the person is a resident without a license to operate a motor
  vehicle in this state, shall issue an order prohibiting the person
  from obtaining a license.
         (f)  After the date has passed, according to department
  records, for successful completion of an educational program for
  repeat offenders as required by Section 13, Article 42.12, Code of
  Criminal Procedure, the commissioner [director] shall suspend the
  license of a person who does not successfully complete the program
  or, if the person is a resident without a license, shall issue an
  order prohibiting the person from obtaining a license.
         (g)  A revocation, suspension, or prohibition order under
  Subsection (e) or (f) remains in effect until the department
  receives notice of successful completion of the educational
  program. The commissioner [director] shall promptly send notice of
  a revocation or prohibition order issued under Subsection (e) or
  (f) by first class mail to the person at the person's most recent
  address as shown in the records of the department. The notice must
  include the date of the revocation or prohibition order, the reason
  for the revocation or prohibition, and a statement that the person
  has the right to request in writing that a hearing be held on the
  revocation or prohibition. Notice is considered received on the
  fifth day after the date the notice is mailed. A revocation or
  prohibition under Subsection (e) or (f) takes effect on the 30th day
  after the date the notice is mailed. The person may request a
  hearing not later than the 20th day after the date the notice is
  mailed. If the department receives a request under this
  subsection, the department shall set the hearing for the earliest
  practical time and the revocation or prohibition does not take
  effect until resolution of the hearing.
         SECTION 3D.09.  Section 521.3465(c), Transportation Code,
  is amended to read as follows:
         (c)  If the person is a resident of this state without a
  driver's license to operate a motor vehicle, the commissioner
  [director] shall issue an order prohibiting the person from being
  issued a driver's license before the 181st day after the date of the
  conviction.
         SECTION 3D.10.  Section 521.3466(b), Transportation Code,
  is amended to read as follows:
         (b)  If the person is a resident of this state without a
  driver's license to operate a motor vehicle, the commissioner
  [director] shall issue an order prohibiting the person from being
  issued a driver's license until the second anniversary of the date
  of the conviction.
         SECTION 3D.11.  Section 521.452(a), Transportation Code, is
  amended to read as follows:
         (a)  After written approval by the commissioner [director],
  the department may issue to a law enforcement officer an alias
  driver's license to be used in supervised activities involving a
  criminal investigation.
  PART E. COMMERCIAL DRIVER'S LICENSES
         SECTION 3E.01.  Section 522.003(8), Transportation Code, is
  amended to read as follows:
               (8)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
         SECTION 3E.02.  Section 522.007, Transportation Code, is
  amended to read as follows:
         Sec. 522.007.  EXEMPTION FOR NEIGHBORING STATES.  (a)  The
  commissioner of motor vehicles [public safety director] shall enter
  negotiations with an appropriate person or entity of a state
  bordering this state for the purpose of applying the exemption
  contained in Section 522.004(a)(1) to residents of that state.
         (b)  The commissioner of motor vehicles [public safety
  director] may enter an agreement to apply the exemption contained
  in Section 522.004(a)(1) to residents of a bordering state only if
  that state extends a similar exemption to residents of this state.
  PART F. DRIVER'S LICENSE COMPACT OF 1993
         SECTION 3F.01.  Sections 523.003(2) and (5), Transportation
  Code, are amended to read as follows:
               (2)  "Executive director" means the commissioner of
  motor vehicles [director of the Department of Public Safety] or the
  equivalent officer of another state.
               (5)  "Licensing authority" means the Texas Department
  of Motor Vehicles [Public Safety] or the equivalent agency of
  another state.
  PART G. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE
  TO PASS TEST FOR INTOXICATION
         SECTION 3G.01.  Section 524.001(8), Transportation Code, is
  amended to read as follows:
               (8)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
         SECTION 3G.02.  Section 524.001(9), Transportation Code, is
  repealed.
  PART H. MOTORCYCLE AND BICYCLE AWARENESS
         SECTION 3H.01.  Section 525.001(b), Transportation Code, is
  amended to read as follows:
         (b)  The Texas Department of Motor Vehicles [Public Safety]
  shall include motorcycle and bicycle awareness information in any
  edition of the Texas driver's handbook [published after the
  department exhausts the supply of the handbook that the department
  had on September 1, 1993].
  PART I. SUBTITLE C, TITLE 7, DEFINITIONS
         SECTION 3I.01.  Sections 541.002(1) and (2), Transportation
  Code, are amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety] acting directly or through its authorized
  officers and agents.
               (2)  "Commissioner" ["Director"] means the
  commissioner of motor vehicles [public safety director].
  PART J. VEHICLE EQUIPMENT
         SECTION 3J.01.  Section 547.104, Transportation Code, is
  amended to read as follows:
         Sec. 547.104.  SLOW-MOVING-VEHICLE EMBLEM STANDARDS.  The
  commissioner [director] shall adopt standards and specifications
  that:
               (1)  apply to the color, size, and mounting position of
  a slow-moving-vehicle emblem; and
               (2)  at the time adopted, correlate with and conform as
  closely as practicable to the standards and specifications adopted
  or approved by the American Society of Agricultural Engineers for a
  uniform emblem to identify a slow-moving vehicle.
         SECTION 3J.02.  Section 547.802(c), Transportation Code, is
  amended to read as follows:
         (c)  The commissioner [director] may require an inspection
  of a motor-driven cycle braking system and may disapprove a system
  that:
               (1)  does not comply with the brake performance
  requirements in Section 547.408; or
               (2)  is not designed or constructed to ensure
  reasonable and reliable performance during actual use.
  PART K. COMPULSORY INSPECTION OF VEHICLES
         SECTION 3K.01.  Section 548.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Commissioner" ["Commission"] means the
  commissioner of motor vehicles [Public Safety Commission].
         SECTION 3K.02.  The heading to Section 548.301,
  Transportation Code, is amended to read as follows:
         Sec. 548.301.  COMMISSIONER [COMMISSION] TO ESTABLISH
  PROGRAM.
         SECTION 3K.03.  Sections 548.301(a), (b), and (b-1),
  Transportation Code, are amended to read as follows:
         (a)  The commissioner [commission] shall establish a motor
  vehicle emissions inspection and maintenance program for vehicles
  as required by any law of the United States or the state's air
  quality state implementation plan.
         (b)  The commissioner [commission] by rule may establish a
  motor vehicle emissions inspection and maintenance program for
  vehicles specified by the conservation commission in a county for
  which the conservation commission has adopted a resolution
  requesting the commission to establish such a program and for which
  the county and the municipality with the largest population in the
  county by resolution have formally requested a proactive air
  quality plan consisting of such a program.
         (b-1)  The commissioner [commission] by rule may establish a
  motor vehicle emissions inspection and maintenance program for
  vehicles subject to an early action compact as defined by Section
  382.301, Health and Safety Code, that is consistent with the early
  action compact.
         SECTION 3K.04.  Section 548.302, Transportation Code, is
  amended to read as follows:
         Sec. 548.302.  COMMISSIONER [COMMISSION] TO ADOPT STANDARDS
  AND REQUIREMENTS.  The commissioner [commission] shall:
               (1)  adopt standards for emissions-related inspection
  criteria consistent with requirements of the United States and the
  conservation commission applicable to a county in which a program
  is established under this subchapter; and
               (2)  develop and impose requirements necessary to
  ensure that an inspection certificate is not issued to a vehicle
  subject to a program established under this subchapter unless the
  vehicle has passed a motor vehicle emissions inspection at a
  facility authorized and certified by the department.
         SECTION 3K.05.  Sections 548.407(a), (b), (f), (g), (h),
  (j), and (l), Transportation Code, are amended to read as follows:
         (a)  Before an application for certification as an
  inspection station or inspector is denied, the commissioner
  [director] or a person the commissioner [director] designates shall
  give the person written notification of:
               (1)  the proposed denial;
               (2)  each reason for the proposed denial; and
               (3)  the person's right to an administrative hearing to
  determine whether the evidence warrants the denial.
         (b)  Before a certificate of appointment as an inspector or
  inspection station is revoked or suspended, the commissioner
  [director] or a person the commissioner [director] designates shall
  give written notification to the inspector or inspection station of
  the revocation or the period of suspension. The notice shall
  include:
               (1)  the effective date of  the revocation or the period
  of the suspension, as applicable;
               (2)  each reason for the revocation or suspension; and
               (3)  a statement explaining the person's right to an
  administrative hearing to determine whether the evidence warrants
  the revocation or suspension.
         (f)  To obtain an administrative hearing on a denial,
  suspension, or revocation under this section, a person must submit
  a written request for a hearing to the commissioner [director] not
  later than the 20th day after the date notice is delivered
  personally or is mailed.
         (g)  If the commissioner [director] receives a timely
  request under Subsection (f), the commissioner [director] shall
  provide the person with an opportunity for a hearing as soon as
  practicable. A hearing on a revocation or suspension under
  Subsection (d) that takes effect on receipt of the notice must be
  held not later than 14 days after the department receives the
  request for hearing. The revocation or suspension continues in
  effect until the hearing is completed if the hearing is continued
  beyond the 14-day period:
               (1)  at the request of the inspector or inspection
  station; or
               (2)  on a finding of good cause by a judge,
  administrative law judge, or hearing officer.
         (h)  If the commissioner [director] does not receive a timely
  request under Subsection (f), the commissioner [director] may deny
  the application, revoke or suspend a certificate, or sustain the
  revocation or suspension of a certificate without a hearing.
         (j)  The commissioner [director] or a person designated by
  the commissioner [director] shall conduct the hearing and may
  administer oaths and issue subpoenas for the attendance of
  witnesses and the production of relevant books, papers, or
  documents. If the hearing is conducted by a person designated by
  the commissioner [director], the commissioner [director] may take
  action under this section on a recommendation of the designated
  person.
         (l)  If an administrative law judge of the State Office of
  Administrative Hearings conducts a hearing under this section and
  the proposal for decision supports the position of the department,
  the proposal for decision may recommend a denial of an application
  or a revocation or suspension of a certificate only. The proposal
  may not recommend a reprimand or a probated or otherwise deferred
  disposition of the denial, revocation, or suspension. If the
  administrative law judge makes a proposal for a decision to deny an
  application or to suspend or revoke a certificate, the
  administrative law judge shall include in the proposal a finding of
  the costs, fees, expenses, and reasonable and necessary attorney's
  fees the state incurred in bringing the proceeding. The
  commissioner [director] may adopt the finding for costs, fees, and
  expenses and make the finding a part of the final order entered in
  the proceeding. Proceeds collected from a finding made under this
  subsection shall be paid to the department.
         SECTION 3K.06.  Section 548.408, Transportation Code, is
  amended to read as follows:
         Sec. 548.408.  JUDICIAL REVIEW OF ADMINISTRATIVE ACTION.  
  (a)  A person dissatisfied with the final decision of the
  commissioner [director] may appeal the decision by filing a
  petition as provided by Subchapter G, Chapter 2001, Government
  Code.
         (b)  The district or county attorney or the attorney general
  shall represent the commissioner [director] in the appeal, except
  that an attorney who is a full-time employee of the department may
  represent the commissioner [director] in the appeal with the
  approval of the attorney general.
         (c)  The court in which the appeal is filed shall:
               (1)  set the matter for hearing after 10 days' written
  notice to the commissioner [director] and the attorney representing
  the commissioner [director]; and
               (2)  determine whether an enforcement action of the
  commissioner [director] shall be suspended pending hearing and
  enter an order for the suspension.
         (d)  The court order takes effect when served on the
  commissioner [director].
         (e)  The commissioner [director] shall provide a copy of the
  petition and court order to the attorney representing the
  commissioner [director].
         (f)  A stay under this section may not be effective for more
  than 90 days after the date the petition for appeal is filed. On the
  expiration of the stay, the commissioner's [director's] enforcement
  action shall be reinstated or imposed. The department or court may
  not extend the stay or grant an additional stay.
         (g)  Judicial review of the final decision of the
  commissioner [director] is under the substantial evidence rule.
         SECTION 3K.07.  Section 548.001(4), Transportation Code, is
  repealed.
  PART L. ACCIDENTS AND ACCIDENT REPORTS
         SECTION 3L.01. Subchapter A, Chapter 550, Transportation
  Code, is amended by adding Section 550.002 to read as follows:
         Sec. 550.002.  TABULATION AND ANALYSIS OF ACCIDENT REPORTS.  
  The department shall:
               (1)  tabulate and analyze the vehicle accident reports
  it receives;
               (2)  annually or more frequently publish statistical
  information derived from the accident reports as to the number,
  cause, and location of highway accidents, including information
  regarding the number of accidents involving injury to, death of, or
  property damage to a bicyclist or pedestrian; and
               (3)  not later than December 15 of each even-numbered
  year provide to the governor and the legislature:
                     (A)  an abstract of the statistical information
  for the biennium ending on the preceding August 31; and
                     (B)  a report with the department's conclusions,
  findings, and recommendations for decreasing highway accidents and
  increasing highway safety.
         SECTION 3L.02.  Section 550.063, Transportation Code, is
  amended to read as follows:
         Sec. 550.063.  REPORT ON APPROPRIATE FORM.  The form of all
  written accident reports must be approved by the department [and
  the Department of Public Safety]. A person who is required to file
  a written accident report shall report on the appropriate form and
  shall disclose all information required by the form unless the
  information is not available.
         SECTION 3L.03.  Section 550.0601, Transportation Code, is
  repealed.
  PART M. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
         SECTION 3M.01.  Section 601.002(1), Transportation Code, is
  amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
         SECTION 3M.02.  Section 601.233(a), Transportation Code, is
  amended to read as follows:
         (a)  A citation for an offense under Section 601.191 issued
  as a result of Section 601.053 must include, in type larger than
  other type on the citation, except for the type of the statement
  required by Section 708.105, the following statement:
               "A second or subsequent conviction of an offense
  under the Texas Motor Vehicle Safety Responsibility
  Act will result in the suspension of your driver's
  license and motor vehicle registration unless you file
  and maintain evidence of financial responsibility with
  the Texas Department of Motor Vehicles [Public Safety]
  for two years from the date of conviction.  The
  department may waive the requirement to file evidence
  of financial responsibility if you file satisfactory
  evidence with the department showing that at the time
  this citation was issued, the vehicle was covered by a
  motor vehicle liability insurance policy or that you
  were otherwise exempt from the requirements to provide
  evidence of financial responsibility."
         SECTION 3M.03.  Section 601.373(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may direct a department employee to
  obtain and send to the department the driver's license and vehicle
  registration of a person who fails to send the person's license or
  registration in accordance with Section 601.372. The commissioner
  [director] of motor vehicles [the department] or the person
  designated by the commissioner [director] may file a complaint
  against a person for an offense under Subsection (a).
  PART N. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
         SECTION 3N.01.  Section 621.201(a), Transportation Code, is
  amended to read as follows:
         (a)  The total width of a vehicle operated on a public
  highway other than a vehicle to which Subsection (b) applies,
  including a load on the vehicle but excluding any safety device
  determined by the United States Department of Transportation or the
  Texas Department of Motor Vehicles [Public Safety] to be necessary
  for the safe and efficient operation of motor vehicles of that type,
  may not be greater than 102 inches.
         SECTION 3N.02.  Section 621.204(c), Transportation Code, is
  amended to read as follows:
         (c)  The limitations prescribed by this section do not
  include any safety device determined by regulation of the United
  States Department of Transportation or by rule of the Texas
  Department of Motor Vehicles [Public Safety] to be necessary for
  the safe and efficient operation of motor vehicles.
  PART O. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
         SECTION 3O.01.  Section 648.002, Transportation Code, is
  amended to read as follows:
         Sec. 648.002.  RULES.  In addition to rules required by this
  chapter, the Texas Department of Transportation, the Texas
  Department of Motor Vehicles [Public Safety], and the Texas
  Department of Insurance may adopt other rules to carry out this
  chapter.
  PART P. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND
  PASSENGERS
         SECTION 3P.01.  Section 661.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
  PART Q. MOTORCYCLE OPERATOR TRAINING AND SAFETY
         SECTION 3Q.01.  Section 662.011(a), Transportation Code, is
  amended to read as follows:
         (a)  Of each fee collected under Sections 521.421(b) and (f),
  Sections 522.029(f) and (g), and Section 661.003(d), the Texas
  Department of Motor Vehicles [Public Safety] shall send $5 to the
  comptroller for deposit to the credit of the motorcycle education
  fund account.
  PART R. ALL-TERRAIN VEHICLES
         SECTION 3R.01.  Section 663.037(e), Transportation Code, is
  amended to read as follows:
         (e)  The commissioner of motor vehicles [director of the
  Department of Public Safety] shall adopt standards and
  specifications that apply to the color, size, and mounting position
  of the flag required under Subsections (d)(2) and (g)(2).
  PART S. MISCELLANEOUS PROVISIONS
         SECTION 3S.01.  Section 680.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
 
  PART T. ABANDONED MOTOR VEHICLES
         SECTION 3T.01.  Section 683.051, Transportation Code, is
  amended to read as follows:
         Sec. 683.051.  APPLICATION FOR AUTHORIZATION TO DISPOSE OF
  CERTAIN MOTOR VEHICLES.  A person may apply to the department for
  authority:
               (1)  to sell, give away, or dispose of a motor vehicle
  to a motor vehicle demolisher if:
                     (A)  the person owns the motor vehicle and the
  certificate of title to the vehicle is lost, destroyed, or faulty;
  or
                     (B)  the vehicle is an abandoned motor vehicle and
  is:
                           (i)  in the possession of the person; or
                           (ii)  located on property owned by the
  person; or
               (2)  to dispose of a motor vehicle to a motor vehicle
  demolisher for demolition, wrecking, or dismantling if:
                     (A)  the abandoned motor vehicle:
                           (i)  is in the possession of the person;
                           (ii)  is more than eight years old;
                           (iii)  either has no motor or is otherwise
  totally inoperable or does not comply with all applicable air
  pollution emissions control related requirements included in: (aa)
  the vehicle inspection requirements under Chapter 548, as evidenced
  by a current inspection certificate affixed to the vehicle
  windshield; or (bb) the vehicle emissions inspection and
  maintenance requirements contained in the commissioner of motor
  vehicle's [Public Safety Commission's] motor vehicle emissions
  inspection and maintenance program under Subchapter F, Chapter 548,
  or the state's air quality state implementation plan; and
                           (iv)  was authorized to be towed by a law
  enforcement agency; and
                     (B)  the law enforcement agency approves the
  application.
  PART U. NONRESIDENT VIOLATOR COMPACT OF 1977
         SECTION 3U.01.  Section 703.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Department" and "licensing authority" mean the
  Texas Department of Motor Vehicles [Public Safety].
  PART V. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR
         SECTION 3V.01.  Section 706.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
  PART W. IMPLIED CONSENT
         SECTION 3W.01.  Section 724.001(7), Transportation Code, is
  amended to read as follows:
               (7)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
         SECTION 3W.02.  Sections 724.032(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  If a person refuses to submit to the taking of a
  specimen, whether expressly or because of an intentional failure of
  the person to give the specimen, the peace officer shall:
               (1)  serve notice of license suspension or denial on
  the person;
               (2)  take possession of any license issued by this
  state and held by the person arrested;
               (3)  issue a temporary driving permit to the person
  unless department records show or the officer otherwise determines
  that the person does not hold a license to operate a motor vehicle
  in this state; and
               (4)  make a written report of the refusal to the
  commissioner [director] of motor vehicles [the department].
         (b)  The commissioner [director] must approve the form of the
  refusal report. The report must:
               (1)  show the grounds for the officer's belief that the
  person had been operating a motor vehicle or watercraft powered
  with an engine having a manufacturer's rating of 50 horsepower or
  above while intoxicated; and
               (2)  contain a copy of:
                     (A)  the refusal statement requested under
  Section 724.031; or
                     (B)  a statement signed by the officer that the
  person refused to:
                           (i)  submit to the taking of the requested
  specimen; and
                           (ii)  sign the requested statement under
  Section 724.031.
  ARTICLE 4. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
  TRANSPORTATION IN OTHER CODES
  PART A. BUSINESS & COMMERCE CODE
         SECTION 4A.01.  Section 51.003(b), Business & Commerce Code,
  as effective April 1, 2009, is amended to read as follows:
         (b)  In this chapter, "business opportunity" does not
  include:
               (1)  the sale or lease of an established and ongoing
  business or enterprise that has actively conducted business before
  the sale or lease, whether composed of one or more than one
  component business or enterprise, if the sale or lease represents
  an isolated transaction or series of transactions involving a bona
  fide change of ownership or control of the business or enterprise or
  liquidation of the business or enterprise;
               (2)  a sale by a retailer of goods or services under a
  contract or other agreement to sell the inventory of one or more
  ongoing leased departments to a purchaser who is granted the right
  to sell the goods or services within or adjoining a retail business
  establishment as a department or division of the retail business
  establishment;
               (3)  a transaction that is:
                     (A)  regulated by the Texas Department of
  Licensing and Regulation, the Texas Department of Insurance, the
  Texas Real Estate Commission, or the commissioner of motor vehicles
  [director of the Motor Vehicle Division of the Texas Department of
  Transportation]; and
                     (B)  engaged in by a person licensed by one of
  those agencies;
               (4)  a real estate syndication;
               (5)  a sale or lease to a business enterprise that also
  sells or leases products, equipment, or supplies or performs
  services:
                     (A)  that are not supplied by the seller; and
                     (B)  that the purchaser does not use with the
  seller's products, equipment, supplies, or services;
               (6)  the offer or sale of a franchise as described by
  the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
  seq.) and its subsequent amendments;
               (7)  the offer or sale of a business opportunity if the
  seller:
                     (A)  has a net worth of $25 million or more
  according to the seller's audited balance sheet as of a date not
  earlier than the 13th month before the date of the transaction; or
                     (B)  is at least 80 percent owned by another
  person who:
                           (i)  in writing unconditionally guarantees
  performance by the person offering the business opportunity plan;
  and
                           (ii)  has a net worth of more than $25
  million according to the person's most recent audited balance sheet
  as of a date not earlier than the 13th month before the date of the
  transaction; or
               (8)  an arrangement defined as a franchise by 16 C.F.R.
  Section 436.2(a) and its subsequent amendments if:
                     (A)  the franchisor complies in all material
  respects in this state with 16 C.F.R. Part 436 and each order or
  other action of the Federal Trade Commission; and
                     (B)  before offering for sale or selling a
  franchise in this state, a person files with the secretary of state
  a notice containing:
                           (i)  the name of the franchisor;
                           (ii)  the name under which the franchisor
  intends to transact business; and
                           (iii)  the franchisor's principal business
  address.
         SECTION 4A.02.  Section 105.004(b), Business & Commerce
  Code, as effective April 1, 2009, is amended to read as follows:
         (b)  The Texas Department of Motor Vehicles [Transportation]
  shall provide a notice that states the provisions of this chapter to
  each person with a disability who is issued:
               (1)  license plates under Section 504.201,
  Transportation Code; or
               (2)  a disabled parking placard under Section 681.004,
  Transportation Code.
  PART B. CODE OF CRIMINAL PROCEDURE
         SECTION 4B.01.  Section 1(1), Article 42.22, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 4B.02.  Article 59.04(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  If the property is a motor vehicle, and if there is
  reasonable cause to believe that the vehicle has been registered
  under the laws of this state, the attorney representing the state
  shall ask the Texas Department of Motor Vehicles [Transportation]
  to identify from its records the record owner of the vehicle and any
  interest holder. If the addresses of the owner and interest holder
  are not otherwise known, the attorney representing the state shall
  request citation be served on such persons at the address listed
  with the Texas Department of Motor Vehicles [Transportation]. If
  the citation issued to such address is returned unserved, the
  attorney representing the state shall cause a copy of the notice of
  the seizure and intended forfeiture to be posted at the courthouse
  door, to remain there for a period of not less than 30 days. If the
  owner or interest holder does not answer or appear after the notice
  has been so posted, the court shall enter a judgment by default as
  to the owner or interest holder, provided that the attorney
  representing the state files a written motion supported by
  affidavit setting forth the attempted service. An owner or
  interest holder whose interest is forfeited in this manner shall
  not be liable for court costs. If the person in possession of the
  vehicle at the time of the seizure is not the owner or the interest
  holder of the vehicle, notification shall be provided to the
  possessor in the same manner specified for notification to an owner
  or interest holder.
  PART C. FAMILY CODE
         SECTION 4C.01.  Section 157.316(b), Family Code, is amended
  to read as follows:
         (b)  If a lien established under this subchapter attaches to
  a motor vehicle, the lien must be perfected in the manner provided
  by Chapter 501, Transportation Code, and the court or Title IV-D
  agency that rendered the order of child support shall include in the
  order a requirement that the obligor surrender to the court or Title
  IV-D agency evidence of the legal ownership of the motor vehicle
  against which the lien may attach. A lien against a motor vehicle
  under this subchapter is not perfected until the obligor's title to
  the vehicle has been surrendered to the court or Title IV-D agency
  and the Texas Department of Motor Vehicles [Transportation] has
  issued a subsequent title that discloses on its face the fact that
  the vehicle is subject to a child support lien under this
  subchapter.
         SECTION 4C.02.  Section 232.0022(a), Family Code, is amended
  to read as follows:
         (a)  The Texas Department of Motor Vehicles [Transportation]
  is the appropriate licensing authority for suspension or nonrenewal
  of a motor vehicle registration under this chapter.
         SECTION 4C.03.  Section 232.014(b), Family Code, is amended
  to read as follows:
         (b)  A fee collected by the Texas Department of Motor
  Vehicles [Transportation] or the Department of Public Safety shall
  be deposited to the credit of the state highway fund.
         SECTION 4C.04.  Section 264.502(b), Family Code, is amended
  to read as follows:
         (b)  The members of the committee who serve under Subsections
  (a)(1) through (3) shall select the following additional committee
  members:
               (1)  a criminal prosecutor involved in prosecuting
  crimes against children;
               (2)  a sheriff;
               (3)  a justice of the peace;
               (4)  a medical examiner;
               (5)  a police chief;
               (6)  a pediatrician experienced in diagnosing and
  treating child abuse and neglect;
               (7)  a child educator;
               (8)  a child mental health provider;
               (9)  a public health professional;
               (10)  a child protective services specialist;
               (11)  a sudden infant death syndrome family service
  provider;
               (12)  a neonatologist;
               (13)  a child advocate;
               (14)  a chief juvenile probation officer;
               (15)  a child abuse prevention specialist;
               (16)  a representative of the Department of Public
  Safety; and
               (17)  a representative of the Texas Department of Motor
  Vehicles [Transportation].
  PART D.  FINANCE CODE
         SECTION 4D.01.  Section 306.001(9), Finance Code, is amended
  to read as follows:
               (9)  "Qualified commercial loan":
                     (A)  means:
                           (i)  a commercial loan in which one or more
  persons as part of the same transaction lends, advances, borrows,
  or receives, or is obligated to lend or advance or entitled to
  borrow or receive, money or credit with an aggregate value of:
                                 (a)  $3 million or more if the
  commercial loan is secured by real property; or
                                 (b)  $250,000 or more if the commercial
  loan is not secured by real property and, if the aggregate value of
  the commercial loan is less than $500,000, the loan documents
  contain a written certification from the borrower that:
                                             (1)  the borrower has been
  advised by the lender to seek the advice of an attorney and an
  accountant in connection with the commercial loan; and
                                             (2)  the borrower has had
  the opportunity to seek the advice of an attorney and accountant of
  the borrower's choice in connection with the commercial loan; and
                           (ii)  a renewal or extension of a commercial
  loan described by Paragraph (A), regardless of the principal amount
  of the loan at the time of the renewal or extension; and
                     (B)  does not include a commercial loan made for
  the purpose of financing a business licensed by the [Motor Vehicle
  Board of the] Texas Department of Motor Vehicles [Transportation]
  under Section 2301.251(a), Occupations Code.
         SECTION 4D.02.  Section 348.001(10-a), Finance Code, is
  amended to read as follows:
               (10-a)  "Towable recreation vehicle" means a
  nonmotorized vehicle that:
                     (A)  was originally designed and manufactured
  primarily to provide temporary human habitation in conjunction with
  recreational, camping, or seasonal use;
                     (B)  is titled and registered with the Texas
  Department of Motor Vehicles [Transportation] as a travel trailer
  through a county tax assessor-collector;
                     (C)  is permanently built on a single chassis;
                     (D)  contains at least one life support system;
  and
                     (E)  is designed to be towable by a motor vehicle.
         SECTION 4D.03.  Section 348.518, Finance Code, is amended to
  read as follows:
         Sec. 348.518.  SHARING OF INFORMATION.  To ensure consistent
  enforcement of law and minimization of regulatory burdens, the
  commissioner and the Texas Department of Motor Vehicles
  [Transportation] may share information, including criminal history
  information, relating to a person licensed under this chapter.
  Information otherwise confidential remains confidential after it
  is shared under this section.
  PART E. GOVERNMENT CODE
         SECTION 4E.01.  Section 411.122(d), Government Code, is
  amended to read as follows:
         (d)  The following state agencies are subject to this
  section:
               (1)  Texas Appraiser Licensing and Certification
  Board;
               (2)  Texas Board of Architectural Examiners;
               (3)  Texas Board of Chiropractic Examiners;
               (4)  State Board of Dental Examiners;
               (5)  Texas Board of Professional Engineers;
               (6)  Texas Funeral Service Commission;
               (7)  Texas Board of Professional Geoscientists;
               (8)  Department of State Health Services, except as
  provided by Section 411.110, and agencies attached to the
  department, including:
                     (A)  Texas State Board of Examiners of Dietitians;
                     (B)  Texas State Board of Examiners of Marriage
  and Family Therapists;
                     (C)  Midwifery Board;
                     (D)  Texas State Board of Examiners of
  Perfusionists;
                     (E)  Texas State Board of Examiners of
  Professional Counselors;
                     (F)  Texas State Board of Social Worker Examiners;
                     (G)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
                     (H)  Advisory Board of Athletic Trainers;
                     (I)  State Committee of Examiners in the Fitting
  and Dispensing of Hearing Instruments;
                     (J)  Texas Board of Licensure for Professional
  Medical Physicists; and
                     (K)  Texas Board of Orthotics and Prosthetics;
               (9)  Texas Board of Professional Land Surveying;
               (10)  Texas Department of Licensing and Regulation,
  except as provided by Section 411.093;
               (11)  Texas Commission on Environmental Quality;
               (12)  Texas Board of Occupational Therapy Examiners;
               (13)  Texas Optometry Board;
               (14)  Texas State Board of Pharmacy;
               (15)  Texas Board of Physical Therapy Examiners;
               (16)  Texas State Board of Plumbing Examiners;
               (17)  Texas State Board of Podiatric Medical Examiners;
               (18)  Polygraph Examiners Board;
               (19)  Texas State Board of Examiners of Psychologists;
               (20)  Texas Real Estate Commission;
               (21)  Board of Tax Professional Examiners;
               (22)  Texas Department of Transportation;
               (23)  State Board of Veterinary Medical Examiners;
               (24)  Texas Department of Housing and Community
  Affairs;
               (25)  secretary of state;
               (26)  state fire marshal;
               (27)  Texas Education Agency; [and]
               (28)  Department of Agriculture; and
               (29)  Texas Department of Motor Vehicles.
         SECTION 4E.02.  Section 531.02414(c), Government Code, is
  amended to read as follows:
         (c)  Notwithstanding any other law, the commission may not
  delegate the commission's duty to supervise the medical
  transportation program to any other person, including through a
  contract with the Texas Department of Motor Vehicles
  [Transportation] for the department to assume any of the
  commission's responsibilities relating to the provision of
  services through that program.
         SECTION 4E.03.  Section 659.082(a), Government Code, is
  amended to read as follows:
         (a)  An employee is entitled to be paid employment
  compensation twice a month if:
               (1)  the employee is employed by:
                     (A)  the Texas Department of Mental Health and
  Mental Retardation;
                     (B)  the Texas Department of Transportation;
                     (C)  the Texas Department of Human Services;
                     (D)  the Texas Workforce Commission;
                     (E)  the Department of Public Safety; [or]
                     (F)  the Texas Department of Motor Vehicles; or
                     (G)  any other state agency designated by the
  comptroller;
               (2)  the employee holds a classified position under the
  state's position classification plan;
               (3)  the employee's position is classified below salary
  group A12 under classification salary Schedule A in the General
  Appropriations Act;
               (4)  the employing state agency satisfies the
  comptroller's requirements relating to the payment of compensation
  twice a month; and
               (5)  at least 30 percent of the eligible employees of
  the agency choose to be paid twice a month.
  PART F. HEALTH AND SAFETY CODE
         SECTION 4F.01.  Section 382.209(e), Health and Safety Code,
  is amended to read as follows:
         (e)  A vehicle is not eligible to participate in a low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program established under this section unless:
               (1)  the vehicle is capable of being operated;
               (2)  the registration of the vehicle:
                     (A)  is current; and
                     (B)  reflects that the vehicle has been registered
  in the county implementing the program for the 12 months preceding
  the application for participation in the program;
               (3)  the commissioners court of the county
  administering the program determines that the vehicle meets the
  eligibility criteria adopted by the commission, the Texas
  Department of Motor Vehicles [Transportation], and the Public
  Safety Commission;
               (4)  if the vehicle is to be repaired, the repair is
  done by a repair facility recognized by the Department of Public
  Safety, which may be an independent or private entity licensed by
  the state; and
               (5)  if the vehicle is to be retired under this
  subsection and Section 382.213, the replacement vehicle is a
  qualifying motor vehicle.
         SECTION 4F.02.  Section 382.210(f), Health and Safety Code,
  is amended to read as follows:
         (f)  In this section, "total cost" means the total amount of
  money paid or to be paid for the purchase of a motor vehicle as set
  forth as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation].  In a transaction that does not involve
  the use of that form, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Title if that form were involved.
         SECTION 4F.03.  Section 461.017(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The Drug Demand Reduction Advisory Committee is
  composed of the following members:
               (1)  five representatives of the public from different
  geographic regions of the state who have knowledge and expertise in
  issues relating to reducing drug demand and who are appointed by the
  executive director of the Texas Commission on Alcohol and Drug
  Abuse; and
               (2)  one representative of each of the following
  agencies or offices who is appointed by the executive director or
  commissioner of the agency or office and who is directly involved in
  the agency's or office's policies, programs, or funding activities
  relating to reducing drug demand:
                     (A)  the criminal justice division of the
  governor's office;
                     (B)  the Criminal Justice Policy Council;
                     (C)  the Department of Protective and Regulatory
  Services;
                     (D)  the Department of Public Safety of the State
  of Texas;
                     (E)  the Health and Human Services Commission;
                     (F)  the Texas Alcoholic Beverage Commission;
                     (G)  the Texas Commission on Alcohol and Drug
  Abuse;
                     (H)  the Texas Council on Offenders with Mental
  Impairments;
                     (I)  the Texas Department of Criminal Justice;
                     (J)  the Texas Department of Health;
                     (K)  the Texas Department of Human Services;
                     (L)  the Texas Department of Mental Health and
  Mental Retardation;
                     (M)  the Texas Education Agency;
                     (N)  the Texas Juvenile Probation Commission;
                     (O)  the Texas Youth Commission;
                     (P)  the Texas Rehabilitation Commission;
                     (Q)  the Texas Workforce Commission;
                     (R)  the Texas Department of Motor Vehicles
  [Transportation];
                     (S)  the comptroller of public accounts; and
                     (T)  the adjutant general's department.
  PART G. HUMAN RESOURCES CODE
         SECTION 4G.01.  Section 22.041, Human Resources Code, is
  amended to read as follows:
         Sec. 22.041.  THIRD-PARTY INFORMATION.  Notwithstanding any
  other provision of this code, the department may use information
  obtained from a third party to verify the assets and resources of a
  person for purposes of determining the person's eligibility and
  need for medical assistance, financial assistance, or nutritional
  assistance. Third-party information includes information obtained
  from:
               (1)  a consumer reporting agency, as defined by Section
  20.01, Business & Commerce Code;
               (2)  an appraisal district; or
               (3)  the Texas Department of Motor Vehicles
  [Transportation's] vehicle registration record database.
         SECTION 4G.02.  Section 32.026(g), Human Resources Code, is
  amended to read as follows:
         (g)  Notwithstanding any other provision of this code, the
  department may use information obtained from a third party to
  verify the assets and resources of a person for purposes of
  determining the person's eligibility and need for medical
  assistance. Third-party information includes information obtained
  from:
               (1)  a consumer reporting agency, as defined by Section
  20.01, Business & Commerce Code;
               (2)  an appraisal district; or
               (3)  the Texas Department of Motor Vehicles
  [Transportation's] vehicle registration record database.
  PART H. LOCAL GOVERNMENT CODE
         SECTION 4H.01.  Section 130.006, Local Government Code, is
  amended to read as follows:
         Sec. 130.006.  PROCEDURES FOR COLLECTION OF DISHONORED
  CHECKS AND INVOICES.  A county tax assessor-collector may establish
  procedures for the collection of dishonored checks and credit card
  invoices. The procedures may include:
               (1)  official notification to the maker that the check
  or invoice has not been honored and that the receipt, registration,
  certificate, or other instrument issued on the receipt of the check
  or invoice is not valid until payment of the fee or tax is made;
               (2)  notification of the sheriff or other law
  enforcement officers that a check or credit card invoice has not
  been honored and that the receipt, registration, certificate, or
  other instrument held by the maker is not valid; and
               (3)  notification to the Texas Department of Motor
  Vehicles [Transportation], the comptroller of public accounts, or
  the Department of Public Safety that the receipt, registration,
  certificate, or other instrument held by the maker is not valid.
         SECTION 4H.02.  Section 130.007, Local Government Code, is
  amended to read as follows:
         Sec. 130.007.  REMISSION TO STATE NOT REQUIRED; STATE
  ASSISTANCE IN COLLECTION.  (a)  If a fee or tax is required to be
  remitted to the comptroller or the Texas Department of Motor
  Vehicles [Transportation] and if payment was made to the county tax
  assessor-collector by a check that was not honored by the drawee
  bank or by a credit card invoice that was not honored by the credit
  card issuer, the amount of the fee or tax is not required to be
  remitted, but the assessor-collector shall notify the appropriate
  department of:
               (1)  the amount of the fee or tax;
               (2)  the type of fee or tax involved; and
               (3)  the name and address of the maker.
         (b)  The Texas Department of Motor Vehicles [Transportation]
  and the comptroller shall assist the county tax assessor-collector
  in collecting the fee or tax and may cancel or revoke any receipt,
  registration, certificate, or other instrument issued in the name
  of the state conditioned on the payment of the fee or tax.
         SECTION 4H.03.  Section 130.008, Local Government Code, is
  amended to read as follows:
         Sec. 130.008.  LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
  SUBCHAPTER.  If the comptroller or the Texas Department of Motor
  Vehicles [Transportation] determines that the county tax
  assessor-collector has accepted payment for fees and taxes to be
  remitted to that department in violation of Section 130.004 or that
  more than two percent of the fees and taxes to be received from the
  assessor-collector are not remitted because of the acceptance of
  checks that are not honored by the drawee bank or of credit card
  invoices that are not honored by the credit card issuer, the
  department may notify the assessor-collector that the
  assessor-collector may not accept a check or credit card invoice
  for the payment of any fee or tax to be remitted to that department.
  A county tax assessor-collector who accepts a check or credit card
  invoice for the payment of a fee or tax, after notice that the
  assessor-collector may not receive a check or credit card invoice
  for the payment of fees or taxes to be remitted to a department, is
  liable to the state for the amount of the check or credit card
  invoice accepted.
         SECTION 4H.04.  Section 130.009, Local Government Code, is
  amended to read as follows:
         Sec. 130.009.  STATE RULES.  The comptroller and the Texas
  Department of Motor Vehicles [Transportation] may make rules
  concerning the acceptance of checks or credit card invoices by a
  county tax assessor-collector and for the collection of dishonored
  checks or credit card invoices.
  PART I. OCCUPATIONS CODE
         SECTION 4I.01.  Section 554.009(c), Occupations Code, is
  amended to read as follows:
         (c)  The board may register a vehicle with the Texas
  Department of Motor Vehicles [Transportation] in an alias name only
  for investigative personnel.
         SECTION 4I.02.  Sections 2301.002(7), (9), (16), (17),
  (17-a), (18), (25), (26), and (31), Occupations Code, are amended
  to read as follows:
               (7)  "Dealer" means a person who holds a general
  distinguishing number issued by the commissioner [board] under
  Chapter 503, Transportation Code.
               (9)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
               (16)  "Franchised dealer" means a person who:
                     (A)  holds a franchised motor vehicle dealer's
  license issued by the commissioner [board] under Chapter 503,
  Transportation Code; and
                     (B)  is engaged in the business of buying,
  selling, or exchanging new motor vehicles and servicing or
  repairing motor vehicles under a manufacturer's warranty at an
  established and permanent place of business under a franchise in
  effect with a manufacturer or distributor.
               (17)  "General distinguishing number" means a dealer
  license issued by the commissioner [board] under Chapter 503,
  Transportation Code.
               (17-a)  "Independent mobility motor vehicle dealer"
  means a nonfranchised dealer who:
                     (A)  holds a general distinguishing number issued
  by the commissioner [board] under Chapter 503, Transportation Code;
                     (B)  holds a converter's license issued under this
  chapter;
                     (C)  is engaged in the business of buying,
  selling, or exchanging mobility motor vehicles and servicing or
  repairing the devices installed on mobility motor vehicles at an
  established and permanent place of business in this state; and
                     (D)  is certified by the manufacturer of each
  mobility device that the dealer installs, if the manufacturer
  offers that certification.
               (18)  "License holder" means a person who holds a
  license or general distinguishing number issued by the commissioner
  [board] under this chapter or Chapter 503, Transportation Code.
               (25)  "Nonfranchised dealer" means a person who holds
  an independent motor vehicle dealer's general distinguishing
  number, an independent mobility motor vehicle dealer's general
  distinguishing number, or a wholesale motor vehicle dealer's
  general distinguishing number issued by the commissioner [board]
  under Chapter 503, Transportation Code.
               (26)  "Party" means a person or agency named or
  admitted as a party and whose legal rights, duties, or privileges
  are to be determined by the commissioner [board] after an
  opportunity for adjudicative hearing.
               (31)  "Rule":
                     (A)  means a statement by the commissioner [board]
  of general applicability that:
                           (i)  implements, interprets, or prescribes
  law or policy; or
                           (ii)  describes the procedure or practice
  requirements of the commissioner [board];
                     (B)  includes the amendment or repeal of a prior
  rule; and
                     (C)  does not include a statement regarding only
  the internal management or organization of the commissioner [board]
  and not affecting the rights of a person not connected with the
  commissioner [board].
         SECTION 4I.03.  The heading to Subchapter C, Chapter 2301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  COMMISSIONER [DIRECTOR] AND OTHER DIVISION PERSONNEL
         SECTION 4I.04.  Section 2301.101, Occupations Code, is
  amended to read as follows:
         Sec. 2301.101.  COMMISSIONER [DIRECTOR].  [(a)]  The
  commissioner [director is the division's chief executive and
  administrative officer and] shall administer and enforce this
  chapter.
         [(b)     The director must be licensed to practice law in this
  state.
         [(c)     The director serves at the will of the executive
  director.]
         SECTION 4I.05.  Section 2301.105, Occupations Code, is
  amended to read as follows:
         Sec. 2301.105.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS.  (a)  The commissioner [director] or the
  commissioner's [director's] designee shall develop an intra-agency
  career ladder program that addresses opportunities for mobility and
  advancement of employees in the division. The program must require
  intra-agency postings of all positions concurrently with any public
  posting.
         (b)  The commissioner [director] or the commissioner's
  [director's] designee shall develop a system of annual performance
  evaluations based on documented employee performance. All merit
  pay for employees of the division must be based on the system
  established under this subsection.
         SECTION 4I.06.  Section 2301.106(a), Occupations Code, is
  amended to read as follows:
         (a)  The commissioner [director] or the commissioner's
  [director's] designee shall prepare and maintain a written policy
  statement to ensure implementation of an equal employment
  opportunity program under which all personnel transactions are made
  without regard to race, color, disability, sex, religion, age, or
  national origin. The policy statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, appointment, training, and
  promotion of personnel that comply with Chapter 21, Labor Code;
               (2)  a comprehensive analysis of the division workforce
  that meets federal and state laws, rules, and regulations and
  instructions adopted directly under those laws, rules, or
  regulations;
               (3)  procedures by which a determination can be made of
  significant underuse in the division workforce of all persons for
  whom federal or state laws, rules, and regulations and instructions
  adopted directly under those laws, rules, or regulations encourage
  a more equitable balance; and
               (4)  reasonable methods to appropriately address those
  areas of significant underuse.
         SECTION 4I.07.  The heading to Subchapter D, Chapter 2301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  COMMISSIONER [BOARD] POWERS AND DUTIES
         SECTION 4I.08.  Section 2301.151, Occupations Code, is
  amended to read as follows:
         Sec. 2301.151.  GENERAL JURISDICTION OF COMMISSIONER
  [BOARD].  (a)  The commissioner [board] has the exclusive original
  jurisdiction to regulate those aspects of the distribution, sale,
  or lease of motor vehicles that are governed by this chapter,
  including the original jurisdiction to determine its own
  jurisdiction.
         (b)  The commissioner [board] may take any action that is
  specifically designated or implied under this chapter or that is
  necessary or convenient to the exercise of the power and
  jurisdiction granted under Subsection (a).
         SECTION 4I.09.  Section 2301.152, Occupations Code, is
  amended to read as follows:
         Sec. 2301.152.  GENERAL DUTIES OF COMMISSIONER [BOARD].  (a)  
  In accordance with this chapter, the commissioner [board] shall:
               (1)  administer this chapter;
               (2)  establish the qualifications of license holders;
               (3)  ensure that the distribution, sale, and lease of
  motor vehicles is conducted as required by this chapter and
  commissioner [board] rules;
               (4)  provide for compliance with warranties; and
               (5)  prevent fraud, unfair practices, discrimination,
  impositions, and other abuses in connection with the distribution
  and sale of motor vehicles.
         (b)  In addition to the duties delegated to the commissioner
  [board] under this chapter, the commissioner [board] shall enforce
  and administer Chapter 503, Transportation Code.
         SECTION 4I.10.  Section 2301.153, Occupations Code, is
  amended to read as follows:
         Sec. 2301.153.  GENERAL POWERS OF COMMISSIONER [BOARD].  (a)  
  Notwithstanding any other provision of law, the commissioner
  [board] has all powers necessary, incidental, or convenient to
  perform a power or duty expressly granted under this chapter,
  including the power to:
               (1)  initiate and conduct proceedings, investigations,
  or hearings;
               (2)  administer oaths;
               (3)  receive evidence and pleadings;
               (4)  issue subpoenas to compel the attendance of any
  person;
               (5)  order the production of any tangible property,
  including papers, records, or other documents;
               (6)  make findings of fact on all factual issues
  arising out of a proceeding initiated under this chapter;
               (7)  specify and govern appearance, practice, and
  procedures before the commissioner [board];
               (8)  adopt rules and issue conclusions of law and
  decisions, including declaratory decisions or orders;
               (9)  enter into contracts;
               (10)  execute instruments;
               (11)  retain counsel;
               (12)  use the services of the attorney general and
  institute and direct the conduct of legal proceedings in any forum;
               (13)  obtain other professional services as necessary
  and convenient;
               (14)  impose a sanction for contempt;
               (15)  assess and collect fees and costs, including
  attorney's fees;
               (16)  issue, suspend, or revoke licenses;
               (17)  prohibit and regulate acts and practices in
  connection with the distribution and sale of motor vehicles or
  warranty performance obligations;
               (18)  issue cease and desist orders in the nature of
  temporary or permanent injunctions;
               (19)  impose a civil penalty;
               (20)  enter an order requiring a person to:
                     (A)  pay costs and expenses of a party in
  connection with an order entered under Section 2301.465;
                     (B)  perform an act other than the payment of
  money; or
                     (C)  refrain from performing an act; and
               (21)  enforce a commissioner [board] order.
         (b)  The commissioner [board] may inspect the books and
  records of a license holder in connection with the performance of
  the commissioner's [its] duties under this chapter.
         SECTION 4I.11.  Section 2301.154, Occupations Code, is
  amended to read as follows:
         Sec. 2301.154.  DELEGATION OF POWERS.  The commissioner
  [director] may delegate any of the commissioner's [director's]
  powers to one or more of the division's employees.
         SECTION 4I.12.  Section 2301.155, Occupations Code, is
  amended to read as follows:
         Sec. 2301.155.  RULES.  The authority to adopt rules under
  this chapter is vested in the commissioner [board]. In accordance
  with this chapter and the rules, decisions, and orders of the
  commissioner [board], the commissioner [board] shall adopt rules as
  necessary or convenient to administer this chapter and to govern
  practice and procedure before the commissioner [board].
         SECTION 4I.13.  Section 2301.156, Occupations Code, is
  amended to read as follows:
         Sec. 2301.156.  DEPOSIT OF REVENUE.  Notwithstanding any
  other law to the contrary, all money collected by the commissioner
  [board] under this chapter shall be deposited in the state treasury
  to the credit of the state highway fund.
         SECTION 4I.14.  Sections 2301.157(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  Notwithstanding any other law, the commissioner
  [director or a board member], hearings examiner, or division
  employee is not personally liable for damages resulting from an
  official act or omission unless the act or omission constitutes
  intentional or malicious malfeasance.
         (b)  The attorney general shall defend a person described by
  Subsection (a) in an action brought in connection with the act or
  omission by the person regardless of whether the person serves the
  commissioner [board] or division in any capacity at the time the
  action is brought.
         SECTION 4I.15.  Section 2301.160, Occupations Code, is
  amended to read as follows:
         Sec. 2301.160.  TOLLING OF TIME LIMIT DURING MEDIATION.  A
  time limit relating to a commissioner [board] proceeding that is
  imposed by this chapter on the commissioner [board] or on a dealer
  is tolled during the pendency of mediation required by this chapter
  or by a franchise agreement.
         SECTION 4I.16.  Section 2301.201, Occupations Code, is
  amended to read as follows:
         Sec. 2301.201.  PUBLIC INTEREST INFORMATION.  (a)  The
  commissioner [director] or the commissioner's [director's]
  designee shall prepare information describing the functions of the
  commissioner [board] and the procedures by which complaints or
  protests are filed with and resolved by the commissioner [board].
         (b)  The commissioner [board] shall make the information
  available to the public and appropriate state agencies.
         SECTION 4I.17.  Section 2301.202, Occupations Code, is
  amended to read as follows:
         Sec. 2301.202.  COMPLAINTS; RECORDS.  (a)  The commissioner
  [board] shall provide to a person who files a complaint, and to each
  person that is the subject of the complaint, information about the
  commissioner's [board's] policies and procedures relating to
  complaint investigation and resolution.
         (b)  The commissioner [board] shall keep an information file
  about each complaint filed with the commissioner [board] that the
  commissioner [board] has authority to resolve. The commissioner
  [board] shall keep the following information for each complaint
  filed by the commissioner [board] for the purpose of enforcing this
  chapter:
               (1)  the date the complaint is filed;
               (2)  the name of the person filing the complaint;
               (3)  the subject matter of the complaint;
               (4)  each person contacted in relation to the
  complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  if the commissioner [board] does not take action
  on the complaint, an explanation of the reasons that action was not
  taken.
         (c)  If a written complaint is filed with the commissioner
  [board] that the commissioner [board] has authority to resolve, the
  commissioner [board], at least quarterly and until final
  disposition of the complaint, shall notify the parties to the
  complaint of the status of the complaint unless the notice would
  jeopardize an ongoing commissioner [board] investigation.
         SECTION 4I.18.  Section 2301.203, Occupations Code, is
  amended to read as follows:
         Sec. 2301.203.  COMPLAINT INVESTIGATION AND DISPOSITION.  
  (a)  If the commissioner [board] has reason to believe, through
  receipt of a complaint or otherwise, that a violation of this
  chapter or a rule, order, or decision of the commissioner [board]
  has occurred or is likely to occur, the commissioner [board] shall
  conduct an investigation unless the commissioner [it] determines
  that the complaint is frivolous or for the purpose of harassment.
         (b)  If the investigation establishes that a violation of
  this chapter or a rule, order, or decision of the commissioner
  [board] has occurred or is likely to occur, the commissioner
  [board] shall initiate proceedings as the commissioner [it]
  determines appropriate to enforce this chapter or the
  commissioner's [its] rules, orders, and decisions.
         (c)  The commissioner [board] may not file a complaint
  alleging a violation of this chapter or a commissioner [board] rule
  relating to advertising until the commissioner [board] has notified
  the license holder involved of the alleged violation and given the
  license holder an opportunity to cure the violation without further
  proceedings or liability.
         SECTION 4I.19.  Section 2301.204(c), Occupations Code, is
  amended to read as follows:
         (c)  The owner may also invoke the commissioner's [board's]
  jurisdiction by sending a copy of the complaint to the commissioner
  [board].
         SECTION 4I.20.  Section 2301.205(b), Occupations Code, is
  amended to read as follows:
         (b)  The commissioner [board] may require the commissioner's 
  [its] approval of the contents of the notice required by Subsection
  (a) or may prescribe the contents of the notice.
         SECTION 4I.21.  Section 2301.206, Occupations Code, is
  amended to read as follows:
         Sec. 2301.206.  PUBLIC PARTICIPATION.  (a)  The commissioner
  [board] shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the
  commissioner [board] and to speak on any issue under the
  commissioner's [board's] jurisdiction.
         (b)  The commissioner [board] shall prepare and maintain a
  written plan that describes how a person who does not speak English
  or who has a physical, mental, or developmental disability may be
  provided reasonable access to the commissioner's [board's]
  programs.
         SECTION 4I.22.  Section 2301.257, Occupations Code, is
  amended to read as follows:
         Sec. 2301.257.  APPLICATION FOR DEALER'S LICENSE.  (a)  An
  application for a dealer's license must be on a form prescribed by
  the commissioner [board]. The application must include:
               (1)  the information required by Chapter 503,
  Transportation Code; and
               (2)  information relating to the applicant's financial
  resources, business integrity, business ability and experience,
  franchise if applicable, physical facilities, vehicle inventory,
  and other factors the commissioner [board] considers necessary to
  determine the applicant's qualifications to adequately serve the
  public.
         (b)  If a material change occurs in the information included
  in an application for a dealer's license, the dealer shall notify
  the commissioner [director] of the change within a reasonable
  time.  The commissioner [director] shall prescribe a form for the
  disclosure of the change.
         (c)  A franchised dealer must apply for a separate license
  under this section for each separate and distinct dealership as
  determined by the commissioner [board]. Before changing a
  location, a dealer must obtain a new license for that location.
         SECTION 4I.23.  Section 2301.258, Occupations Code, is
  amended to read as follows:
         Sec. 2301.258.  GENERAL REQUIREMENTS FOR APPLICATION FOR
  MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
  LICENSE.  An application for a manufacturer's, distributor's,
  converter's, or representative's license must be on a form
  prescribed by the commissioner [board]. The application must
  include information the commissioner [board] determines necessary
  to fully determine the qualifications of an applicant, including
  financial resources, business integrity and experience, facilities
  and personnel for serving franchised dealers, and other information
  the commissioner [board] determines pertinent to safeguard the
  public interest and welfare.
         SECTION 4I.24.  Sections 2301.259(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for a manufacturer's license must provide a
  list of each distributor or representative acting for the applicant
  and each dealer franchised to sell the applicant's products in this
  state and their respective locations. An applicant for or holder of
  a manufacturer's license must inform the commissioner [board] of a
  change to the list not later than the 15th day after the date of the
  change. Information submitted under this subsection becomes a part
  of the application.
         (b)  An application for a manufacturer's license must
  include a document stating the terms and conditions of each
  warranty agreement in effect at the time of the application on a
  product the manufacturer sells in this state so that the
  commissioner [board] may determine:
               (1)  the protection provided a retail purchaser of the
  manufacturer's products;
               (2)  the obligation of a franchised dealer under the
  agreement; and
               (3)  the basis for compensating a franchised dealer for
  labor, parts, or other expenses under the agreement.
         SECTION 4I.25.  Section 2301.260(c), Occupations Code, is
  amended to read as follows:
         (c)  An applicant for or holder of a distributor's license
  must inform the commissioner [board] of a change in the information
  provided under this section not later than the 15th day after the
  date of the change. Information submitted under this subsection
  becomes a part of the application.
         SECTION 4I.26.  Section 2301.261(a), Occupations Code, is
  amended to read as follows:
         (a)  An application for a vehicle lessor's license must:
               (1)  be on a form prescribed by the commissioner
  [board];
               (2)  contain evidence of compliance with Chapter 503,
  Transportation Code, if applicable; and
               (3)  state other information required by the
  commissioner [board].
         SECTION 4I.27.  Section 2301.262(a), Occupations Code, is
  amended to read as follows:
         (a)  An application for a vehicle lease facilitator license
  must be on a form prescribed by the commissioner [board] and contain
  the information required by the commissioner [board].
         SECTION 4I.28.  Section 2301.263, Occupations Code, is
  amended to read as follows:
         Sec. 2301.263.  LICENSE ISSUED SUBJECT TO NEW LAW AND RULES.  
  A license issued under this chapter is subject to each provision of
  this chapter and commissioner [board] rule in effect on the date the
  license is issued and each provision of this chapter and
  commissioner [board] rule that takes effect during the term of the
  license.
         SECTION 4I.29.  Sections 2301.264(c) and (d), Occupations
  Code, are amended to read as follows:
         (c)  The commissioner [board] may prorate the fee for a
  representative's license to allow the representative's license and
  the license of the manufacturer or distributor who employs the
  representative to expire on the same day.
         (d)  The commissioner [board] may refund from funds
  appropriated to the commissioner [board] for that purpose a fee
  collected under this chapter that is not due or that exceeds the
  amount due.
         SECTION 4I.30.  Section 2301.266, Occupations Code, is
  amended to read as follows:
         Sec. 2301.266.  DUPLICATE LICENSE.  The commissioner [board]
  may:
               (1)  issue a duplicate license for any license the
  commissioner [board] issues;
               (2)  charge a fee for the issuance of a duplicate
  license; and
               (3)  adopt rules applicable to the issuance of a
  duplicate license.
         SECTION 4I.31.  Sections 2301.301(b) and (d), Occupations
  Code, are amended to read as follows:
         (b)  The commissioner [director] may issue a license for a
  term of less than the period prescribed under Subsection (a) to
  coordinate the expiration dates of licenses held by a person that is
  required to obtain more than one license to perform activities
  under this chapter.
         (d)  A license renewal may be administratively granted
  unless a protest is made to the commissioner [board].
         SECTION 4I.32.  Section 2301.302, Occupations Code, is
  amended to read as follows:
         Sec. 2301.302.  NOTICE OF LICENSE EXPIRATION.  The
  commissioner [board] shall notify each person licensed under this
  chapter of the date of license expiration and the amount of the fee
  required for license renewal. The notice shall be mailed at least
  30 days before the date of license expiration.
         SECTION 4I.33.  Section 2301.303, Occupations Code, is
  amended to read as follows:
         Sec. 2301.303.  RENEWAL OF DEALER'S LICENSE.  A dealer shall
  renew the dealer's license on an application prescribed by the
  commissioner [director].  The commissioner [director] shall
  include in the renewal application a request for disclosure of
  material changes described by Section 2301.257.
         SECTION 4I.34.  Section 2301.304, Occupations Code, is
  amended to read as follows:
         Sec. 2301.304.  PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.  
  The holder of a manufacturer's, distributor's, converter's, or
  representative's license may apply for a renewal of the license by
  complying with the application process specified by this chapter
  and commissioner [board] rule.
         SECTION 4I.35.  Section 2301.351, Occupations Code, is
  amended to read as follows:
         Sec. 2301.351.  GENERAL PROHIBITION.  A dealer may not:
               (1)  violate a commissioner [board] rule;
               (2)  aid or abet a person who violates this chapter; or
               (3)  use false, deceptive, or misleading advertising.
         SECTION 4I.36.  Section 2301.353, Occupations Code, is
  amended to read as follows:
         Sec. 2301.353.  PROHIBITION: PERFORMANCE OF OBLIGATION
  UNDER AGREEMENT WITH MANUFACTURER.  A franchised dealer may not
  fail to perform an obligation placed on:
               (1)  the selling dealer in connection with the
  preparation and delivery of a new motor vehicle for retail sale as
  provided in the manufacturer's preparation and delivery agreements
  on file with the commissioner [board] that are applicable to the
  vehicle; or
               (2)  the dealer in connection with the manufacturer's
  warranty agreements on file with the commissioner [board].
         SECTION 4I.37.  Section 2301.354(c), Occupations Code, is
  amended to read as follows:
         (c)  If a dispute arises under this section:
               (1)  the commissioner [board] has exclusive
  jurisdiction to determine whether a sign complies with this
  section; and
               (2)  the commissioner [board] shall uphold an ordinance
  of a home-rule municipality and protect a franchised dealer from
  retribution by a manufacturer or distributor for complying with the
  ordinance.
         SECTION 4I.38.  Section 2301.356, Occupations Code, is
  amended to read as follows:
         Sec. 2301.356.  NOTICE OF CERTAIN PROPOSED CHANGES.  A
  licensed dealer shall promptly notify the commissioner [board] of
  any proposed change in its ownership, location, franchise, or any
  other matter the commissioner [board] by rule may require.
         SECTION 4I.39.  Sections 2301.358(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  A person who holds a license issued under this chapter
  may not participate in a new motor vehicle show or exhibition
  unless:
               (1)  the person provides the commissioner [board] with
  written notice at least 30 days before the date the show or
  exhibition opens; and
               (2)  the commissioner [board] grants written approval.
         (c)  This section does not prohibit the sale of a towable
  recreational vehicle, motor home, ambulance, fire-fighting
  vehicle, or tow truck at a show or exhibition if:
               (1)  the show or exhibition is approved by the
  commissioner [board]; and
               (2)  the sale is not otherwise prohibited by law.
         (d)  A rule adopted by the commissioner [board] regulating
  the off-site display or sale of towable recreational vehicles must
  include a provision that authorizes the display and sale of towable
  recreational vehicles at a private event in a trade area that would
  not otherwise qualify for the private event under the application
  of general participation requirements for organized dealer shows
  and exhibitions.
         SECTION 4I.40.  Section 2301.359(c), Occupations Code, is
  amended to read as follows:
         (c)  The notice must be accompanied by:
               (1)  a copy of pertinent agreements regarding the
  proposed assignment, sale, or transfer;
               (2)  completed application forms and related
  information generally used by the manufacturer or distributor in
  reviewing prospective dealers, if the forms are on file with the
  commissioner [board]; and
               (3)  the prospective transferee's written agreement to
  comply with the franchise to the extent that the franchise is not in
  conflict with this chapter.
         SECTION 4I.41.  Section 2301.360, Occupations Code, is
  amended to read as follows:
         Sec. 2301.360.  REVIEW BY COMMISSIONER [BOARD] FOLLOWING
  DENIAL OF TRANSFER.  (a)  A dealer whose application is rejected
  under Section 2301.359 may file a protest with the commissioner
  [board]. A protest filed under this section is a contested case.
         (b)  In a protest under this section, the commissioner
  [board] must determine whether the prospective transferee is
  qualified. The burden is on the manufacturer or distributor to
  prove that the prospective transferee is not qualified. The
  commissioner [board] shall enter an order holding that the
  prospective transferee either is qualified or is not qualified.
         (c)  If the commissioner's [board's] order is that the
  prospective transferee is qualified, the dealer's franchise is
  amended to reflect the change in franchisee, and the manufacturer
  or distributor shall accept the transfer for all purposes.
         (d)  If the commissioner's [board's] order is that the
  prospective transferee is not qualified, the commissioner [board]
  may include in the order:
               (1)  specific reasons why the prospective transferee is
  not qualified; and
               (2)  specific conditions under which the prospective
  transferee would be qualified.
         (e)  If the commissioner's [board's] order that a prospective
  transferee is not qualified includes specific conditions under
  which the prospective transferee would be qualified, the
  commissioner [board] may retain jurisdiction of the dispute for a
  time certain to allow the dealer and prospective transferee to meet
  the conditions.
         SECTION 4I.42.  Section 2301.401(a), Occupations Code, is
  amended to read as follows:
         (a)  A manufacturer or distributor shall file with the
  commissioner [board] a copy of the current requirements the
  manufacturer or distributor imposes on its dealers with respect to
  the dealer's:
               (1)  duties under the manufacturer's or distributor's
  warranty; and
               (2)  vehicle preparation and delivery obligations.
         SECTION 4I.43.  Sections 2301.403(c), (d), and (e),
  Occupations Code, are amended to read as follows:
         (c)  A requesting dealer may file a protest with the
  commissioner [board] if the manufacturer or distributor:
               (1)  disapproves the request; or
               (2)  fails to respond within the time required by this
  section.
         (d)  After a protest is filed, the commissioner [board] may
  uphold the manufacturer's or distributor's decision only if the
  manufacturer or distributor proves by a preponderance of the
  evidence that the disapproval of the request or failure to respond
  was reasonable.
         (e)  If the commissioner [board] does not determine that the
  disapproval of the request or failure to respond was reasonable,
  the commissioner [board] shall order the requested rate into effect
  as of the 60th day after the receipt of the request by the
  manufacturer or distributor.
         SECTION 4I.44.  Sections 2301.453(a) and (c) through (h),
  Occupations Code, are amended to read as follows:
         (a)  Notwithstanding the terms of any franchise, a
  manufacturer, distributor, or representative may not terminate or
  discontinue a franchise with a franchised dealer or directly or
  indirectly force or attempt to force a franchised dealer to
  relocate or discontinue a line-make or parts or products related to
  that line-make unless the manufacturer, distributor, or
  representative provides notice of the termination or
  discontinuance as required by Subsection (c) and:
               (1)  the manufacturer, distributor, or representative
  receives the dealer's informed written consent;
               (2)  the appropriate time for the dealer to file a
  protest under Subsection (e) has expired; or
               (3)  the commissioner [board] makes a determination of
  good cause under Subsection (g).
         (c)  Except as provided by Subsection (d), the manufacturer,
  distributor, or representative must provide written notice by
  registered or certified mail to the dealer and the commissioner
  [board] stating the specific grounds for the termination or
  discontinuance. The notice must:
               (1)  be received not later than the 60th day before the
  effective date of the termination or discontinuance; and
               (2)  contain on its first page a conspicuous statement
  that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
  PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
  IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
  PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
  TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
  ACTION."
         (d)  Notice may be provided not later than the 15th day
  before the effective date of termination or discontinuance if a
  licensed dealer fails to conduct its customary sales and service
  operations during its customary business hours for seven
  consecutive business days. This subsection does not apply if the
  failure is caused by:
               (1)  an act of God;
               (2)  a work stoppage or delay because of a strike or
  labor dispute;
               (3)  an order of the commissioner [board]; or
               (4)  another cause beyond the control of the dealer.
         (e)  A franchised dealer may file a protest with the
  commissioner [board] of the termination or discontinuance not later
  than the latter of:
               (1)  the 60th day after the date of the receipt of the
  notice of termination or discontinuance; or
               (2)  the time specified in the notice.
         (f)  After a timely protest is filed under Subsection (e),
  the commissioner [board] shall notify the party seeking the
  termination or discontinuance that:
               (1)  a timely protest has been filed;
               (2)  a hearing is required under this chapter; and
               (3)  the party may not terminate or discontinue the
  franchise until the commissioner [board] issues a [its] final order
  or decision.
         (g)  After a hearing, the commissioner [board] shall
  determine whether the party seeking the termination or
  discontinuance has established by a preponderance of the evidence
  that there is good cause for the proposed termination or
  discontinuance.
         (h)  If a franchise is terminated or discontinued, the
  manufacturer, distributor, or representative shall establish
  another franchise in the same line-make within a reasonable time
  unless it is shown to the commissioner [board] by a preponderance of
  the evidence that the community or trade area cannot reasonably
  support such a dealership. If this showing is made, a license may
  not be issued for a franchised dealer in the same area until a
  change in circumstances is established.
         SECTION 4I.45.  Section 2301.454, Occupations Code, is
  amended to read as follows:
         Sec. 2301.454.  MODIFICATION OR REPLACEMENT OF FRANCHISE.  
  (a)  Notwithstanding the terms of any franchise, a manufacturer,
  distributor, or representative may not modify or replace a
  franchise if the modification or replacement would adversely affect
  to a substantial degree the dealer's sales, investment, or
  obligations to provide service to the public, unless:
               (1)  the manufacturer, distributor, or representative
  provides written notice by registered or certified mail to each
  affected dealer and the commissioner [board] of the modification or
  replacement; and
               (2)  if a protest is filed under this section, the
  commissioner [board] approves the modification or replacement.
         (b)  The notice required by Subsection (a)(1) must:
               (1)  be given not later than the 60th day before the
  date of the modification or replacement; and
               (2)  contain on its first page a conspicuous statement
  that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
  PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
  IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
  PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
  TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
  ACTION."
         (c)  A franchised dealer may file a protest with the
  commissioner [board] of the modification or replacement not later
  than the latter of:
               (1)  the 60th day after the date of the receipt of the
  notice; or
               (2)  the time specified in the notice.
         (d)  After a protest is filed, the commissioner [board] shall
  determine whether the manufacturer, distributor, or representative
  has established by a preponderance of the evidence that there is
  good cause for the proposed modification or replacement. The prior
  franchise continues in effect until the commissioner [board]
  resolves the protest.
         SECTION 4I.46.  Section 2301.455(a), Occupations Code, is
  amended to read as follows:
         (a)  Notwithstanding the terms of any franchise, in
  determining whether good cause has been established under Section
  2301.453 or 2301.454, the commissioner [board] shall consider all
  existing circumstances, including:
               (1)  the dealer's sales in relation to the sales in the
  market;
               (2)  the dealer's investment and obligations;
               (3)  injury or benefit to the public;
               (4)  the adequacy of the dealer's service facilities,
  equipment, parts, and personnel in relation to those of other
  dealers of new motor vehicles of the same line-make;
               (5)  whether warranties are being honored by the
  dealer;
               (6)  the parties' compliance with the franchise, except
  to the extent that the franchise conflicts with this chapter; and
               (7)  the enforceability of the franchise from a public
  policy standpoint, including issues of the reasonableness of the
  franchise's terms, oppression, adhesion, and the parties' relative
  bargaining power.
         SECTION 4I.47.  Section 2301.460, Occupations Code, is
  amended to read as follows:
         Sec. 2301.460.  WARRANTY, PREPARATION, OR DELIVERY
  AGREEMENT OBLIGATIONS.  Notwithstanding the terms of any
  franchise, a manufacturer, distributor, or representative may not,
  after a complaint and a hearing, fail or refuse to perform an
  obligation placed on the manufacturer in connection with the
  preparation, delivery, and warranty of a new motor vehicle as
  provided in the manufacturer's warranty, preparation, and delivery
  agreements on file with the commissioner [board].
         SECTION 4I.48.  Section 2301.461(a), Occupations Code, is
  amended to read as follows:
         (a)  Notwithstanding the terms of any franchise or any other
  law, a franchised dealer's preparation, delivery, and warranty
  obligations as filed with the commissioner [board] are the dealer's
  sole responsibility for product liability as between the dealer and
  a manufacturer or distributor.
         SECTION 4I.49.  Section 2301.462(b), Occupations Code, is
  amended to read as follows:
         (b)  Notwithstanding the terms of any franchise, a
  manufacturer, distributor, or representative may refuse to honor a
  succession if, after notice and hearing, it is shown to the
  commissioner [board] that the result of the succession will be
  detrimental to the public interest and to the representation of the
  manufacturer or distributor.
         SECTION 4I.50.  Sections 2301.464(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  Notwithstanding the terms of any franchise, a
  manufacturer, distributor, or representative may not deny or
  withhold approval of a written application to relocate a franchise
  unless:
               (1)  the applicant receives written notice of the
  denial or withholding of approval not later than the 60th day after
  the date the application is received; and
               (2)  if the applicant files a protest with the
  commissioner [board], the commissioner [board] makes a
  determination of reasonable grounds under this section.
         (c)  If the applicant files a protest under Subsection
  (a)(2), the commissioner [board] shall hold a hearing. After the
  hearing, the commissioner [board] shall determine whether the
  manufacturer or distributor has established by a preponderance of
  the evidence that the grounds for the denial or withholding of
  approval of the relocation are reasonable.
         SECTION 4I.51.  Section 2301.466(b), Occupations Code, is
  amended to read as follows:
         (b)  An arbitrator shall apply this chapter in resolving a
  controversy. Either party may appeal to the commissioner [board] a
  decision of an arbitrator on the ground that the arbitrator failed
  to apply this chapter.
         SECTION 4I.52.  Section 2301.472, Occupations Code, is
  amended to read as follows:
         Sec. 2301.472.  ADDITION OF LINE-MAKE.  (a)  Notwithstanding
  the terms of any franchise, a manufacturer, distributor, or
  representative may not deny or withhold approval of a franchised
  dealer's application to add a line-make or parts or products
  related to that line-make unless:
               (1)  the manufacturer or distributor provides written
  notice of the denial or withholding of approval to the applicant not
  later than the 60th day after the date the application is received;
  and
               (2)  if the applicant files a protest under this
  section, the commissioner [board] upholds the denial or withholding
  of approval.
         (b)  After receiving notice under Subsection (a)(1), a
  dealer may file a protest with the commissioner [board].
         (c)  If the dealer files a protest, the commissioner [board]
  may uphold the manufacturer's or distributor's decision to deny or
  withhold approval of the addition of the line-make only if the
  manufacturer or distributor establishes by a preponderance of the
  evidence that the denial or withholding of approval was reasonable.
         (d)  In determining whether a manufacturer or distributor
  has established that the denial or withholding of approval is
  reasonable, the commissioner [board] shall consider all existing
  circumstances, including:
               (1)  the dealer's sales in relation to the sales in the
  market;
               (2)  the dealer's investment and obligations;
               (3)  injury or benefit to the public;
               (4)  the adequacy of the dealer's sales and service
  facilities, equipment, parts, and personnel in relation to those of
  other dealers of new motor vehicles of the same line-make;
               (5)  whether warranties are being honored by the dealer
  agreement;
               (6)  the parties' compliance with the franchise, except
  to the extent that the franchise conflicts with this chapter;
               (7)  the enforceability of the franchise from a public
  policy standpoint, including issues of the reasonableness of the
  franchise's terms, oppression, adhesion, and the parties' relative
  bargaining power;
               (8)  whether the dealer complies with reasonable
  capitalization requirements or will be able to comply with
  reasonable capitalization requirements within a reasonable time;
               (9)  any harm to the manufacturer if the denial or
  withholding of approval is not upheld; and
               (10)  any harm to the dealer if the denial or
  withholding of approval is upheld.
         SECTION 4I.53.  Section 2301.476(e), Occupations Code, is
  amended to read as follows:
         (e)  On a showing of good cause by a manufacturer or
  distributor, the commissioner [board] may extend the time limit
  imposed under Subsection (d) for a period not to exceed an
  additional 12 months. An application for an extension after the
  first extension is granted is subject to protest by a dealer of the
  same line-make whose dealership is located in the same county as, or
  within 15 miles of, the dealership owned or controlled by the
  manufacturer or distributor.
         SECTION 4I.54.  Sections 2301.522(a), (b), and (d),
  Occupations Code, are amended to read as follows:
         (a)  In an action brought against a manufacturer or
  distributor under Sections 2301.451-2301.474 by a franchised
  dealer whose franchise provides for arbitration in compliance with
  this chapter, the commissioner [board] shall order the parties to
  submit the dispute to mediation in the manner provided by this
  subchapter.
         (b)  Subsection (a) applies only if the dealer's franchise
  does not contain an arbitration provision in conflict with this
  chapter. In a dispute concerning whether Subsection (a) applies,
  the commissioner [board] shall enter an order either that the
  franchise contains a provision in conflict with this chapter or
  that it does not. If the commissioner [board] determines that the
  franchise does not contain an arbitration provision that conflicts
  with this chapter, the commissioner [board] shall order the parties
  to proceed to mediation as provided by this subchapter.
         (d)  This subchapter does not apply to an action brought by
  the commissioner [board] to enforce this chapter.
         SECTION 4I.55.  Section 2301.524(c), Occupations Code, is
  amended to read as follows:
         (c)  Mediation must be completed not later than the 60th day
  after the date the commissioner [board] orders the parties to
  mediate. The deadline may be extended by the commissioner [board]
  at the request of all parties.
         SECTION 4I.56.  Section 2301.525(b), Occupations Code, is
  amended to read as follows:
         (b)  If Section 154.073, Civil Practice and Remedies Code,
  conflicts with another legal requirement for disclosure of
  communications or materials, the issue of confidentiality may be
  presented to the commissioner [board] to determine, in camera,
  whether the facts, circumstances, and context of the communications
  or materials sought to be disclosed warrant a protective order of
  the commissioner [board] or whether the communications or materials
  are subject to disclosure.
         SECTION 4I.57.  Section 2301.526(a), Occupations Code, is
  amended to read as follows:
         (a)  The commissioner [board] is not liable for the
  compensation paid or to be paid to a mediator employed under this
  subchapter.
         SECTION 4I.58.  Section 2301.527, Occupations Code, is
  amended to read as follows:
         Sec. 2301.527.  JURISDICTION OF COMMISSIONER [BOARD].  The
  commissioner [board] retains jurisdiction of the subject matter of
  and parties to a dispute during mediation and may, on the motion of
  a party or on the commissioner's [its] own motion, enter
  appropriate orders.
         SECTION 4I.59.  Sections 2301.528(a) and (d), Occupations
  Code, are amended to read as follows:
         (a)  Except as provided by this subchapter, mediation under
  this subchapter does not affect a procedural right or duty
  conferred by this chapter or by commissioner [board] rule.
         (d)  The commissioner [board] shall stay proceedings
  involving the parties in mediation until the commissioner [board]
  receives the mediator's certification that mediation has
  concluded.
         SECTION 4I.60.  Section 2301.529, Occupations Code, is
  amended to read as follows:
         Sec. 2301.529.  OUTCOME OF MEDIATION.  (a)  If mediation
  resolves the dispute, the commissioner [board] shall enter an order
  incorporating the terms of the agreement reached in mediation.
         (b)  If mediation does not resolve the dispute, the
  commissioner [board] shall proceed to a contested case hearing or
  other appropriate exercise of its jurisdiction.
         SECTION 4I.61.  Section 2301.552(b), Occupations Code, is
  amended to read as follows:
         (b)  An appointment must:
               (1)  be in writing;
               (2)  disclose its terms; and
               (3)  comply with commissioner [board] rules.
         SECTION 4I.62.  Section 2301.554(b), Occupations Code, is
  amended to read as follows:
         (b)  In the interests of justice and giving deference to
  standard national business practices, the commissioner [board] may
  adopt a rule by which a lease may prohibit the lessee from taking
  the vehicle into a specific foreign country regardless of whether
  the lease prohibits the lessee from taking the vehicle into another
  foreign country. In adopting a rule under this subsection the
  commissioner [board] shall give consideration to the proximity of
  international borders to prospective Texas lessees.
         SECTION 4I.63.  Section 2301.602, Occupations Code, is
  amended to read as follows:
         Sec. 2301.602.  DUTY OF COMMISSIONER [BOARD].  (a)  The
  commissioner [board] shall cause a manufacturer, converter, or
  distributor to perform an obligation imposed by this subchapter.
         (b)  The commissioner [board] shall adopt rules for the
  enforcement and implementation of this subchapter.
         SECTION 4I.64.  Section 2301.604(c), Occupations Code, is
  amended to read as follows:
         (c)  As necessary to promote the public interest, the
  commissioner [board] by rule:
               (1)  shall define the incidental costs that are
  eligible for reimbursement;
               (2)  shall specify other requirements necessary to
  determine an eligible cost; and
               (3)  may set a maximum amount that is eligible for
  reimbursement, either by type of eligible cost or by a total for all
  costs.
         SECTION 4I.65.  Sections 2301.606(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  The commissioner [director] under commissioner [board]
  rules shall conduct hearings and issue final orders for the
  implementation and enforcement of this subchapter. [An order
  issued by the director under this subchapter is considered a final
  order of the board.]
         (b)  In a hearing before the commissioner [director] under
  this subchapter, a manufacturer, converter, or distributor may
  plead and prove as an affirmative defense to a remedy under this
  subchapter that a nonconformity:
               (1)  is the result of abuse, neglect, or unauthorized
  modification or alteration of the motor vehicle; or
               (2)  does not substantially impair the use or market
  value of the motor vehicle.
         (c)  The commissioner [director] may not issue an order
  requiring a manufacturer, converter, or distributor to make a
  refund or to replace a motor vehicle unless:
               (1)  the owner or a person on behalf of the owner has
  mailed written notice of the alleged defect or nonconformity to the
  manufacturer, converter, or distributor; and
               (2)  the manufacturer, converter, or distributor has
  been given an opportunity to cure the alleged defect or
  nonconformity.
         SECTION 4I.66.  Section 2301.607(c), Occupations Code, is
  amended to read as follows:
         (c)  If the administrative law judge does not issue a
  proposal for decision and recommend to the commissioner [director]
  a final order before the 151st day after the date a complaint is
  filed under this subchapter, the commissioner [director] shall
  provide written notice by certified mail to the complainant and to
  the manufacturer, converter, or distributor of the expiration of
  the 150-day period and of the complainant's right to file a civil
  action.  The commissioner [board] shall extend the 150-day period
  if a delay is requested or caused by the person who filed the
  complaint.
         SECTION 4I.67.  Section 2301.608, Occupations Code, is
  amended to read as follows:
         Sec. 2301.608.  ASSESSMENT OF COSTS FOR REPLACEMENT OR
  REFUND.  (a)  In an order issued under this subchapter, the
  commissioner [director] shall name the person responsible for
  paying the cost of any refund or replacement. A manufacturer,
  converter, or distributor may not cause a franchised dealer to
  directly or indirectly pay any money not specifically ordered by
  the commissioner [director].
         (b)  If the commissioner [director] orders a manufacturer,
  converter, or distributor to make a refund or replace a motor
  vehicle under this subchapter, the commissioner [director] may
  order the franchised dealer to reimburse the owner, lienholder,
  manufacturer, converter, or distributor only for an item or option
  added to the vehicle by the dealer to the extent that the item or
  option contributed to the defect that served as the basis for the
  order.
         (c)  In a case involving a leased vehicle, the commissioner
  [director] may terminate the lease and apportion allowances or
  refunds, including the reasonable allowance for use, between the
  lessee and lessor of the vehicle.
         SECTION 4I.68.  Section 2301.609(a), Occupations Code, is
  amended to read as follows:
         (a)  A party to a proceeding before the commissioner
  [director] under this subchapter that is affected by a final order
  of the commissioner [director] is entitled to judicial review of
  the order under the substantial evidence rule in a district court of
  Travis County.
         SECTION 4I.69.  Sections 2301.610(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  A manufacturer, distributor, or converter that has been
  ordered to repurchase or replace a vehicle shall, through its
  franchised dealer, issue a disclosure statement stating that the
  vehicle was repurchased or replaced by the manufacturer,
  distributor, or converter under this subchapter. The statement
  must accompany the vehicle through the first retail purchase
  following the issuance of the statement and must include the
  commissioner's [board's] toll-free telephone number that will
  enable the purchaser to obtain information about the condition or
  defect that was the basis of the order for repurchase or
  replacement.
         (c)  The commissioner [board] shall adopt rules for the
  enforcement of this section.
         (d)  The commissioner [board] shall maintain a toll-free
  telephone number to provide information to a person who requests
  information about a condition or defect that was the basis for
  repurchase or replacement by an order of the commissioner
  [director]. The commissioner [board] shall maintain an effective
  method of providing information to a person who makes a request.
         SECTION 4I.70.  Sections 2301.611(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The commissioner [board] shall publish an annual report
  on the motor vehicles ordered repurchased or replaced under this
  subchapter.
         (c)  The commissioner [board] shall make the report
  available to the public and may charge a reasonable fee to cover the
  cost of the report.
         SECTION 4I.71.  Section 2301.612, Occupations Code, is
  amended to read as follows:
         Sec. 2301.612.  OPEN RECORDS EXCEPTION.  Information filed
  with the commissioner [board] under this subchapter is not a public
  record and is not subject to release under Chapter 552, Government
  Code, until the complaint is finally resolved by order of the
  commissioner [board].
         SECTION 4I.72.  Section 2301.613(a), Occupations Code, is
  amended to read as follows:
         (a)  The commissioner [board] shall prepare, publish, and
  distribute information concerning an owner's rights under this
  subchapter. The retail seller of a new motor vehicle shall
  conspicuously post a copy of the information in the area where its
  customers usually pay for repairs.
         SECTION 4I.73.  Sections 2301.651(a), (b), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The commissioner [board] may deny an application for a
  license, revoke or suspend a license, place on probation a person
  whose license has been suspended, or reprimand a license holder if
  the applicant or license holder:
               (1)  is unfit under standards described in this chapter
  or commissioner [board] rules;
               (2)  makes a material misrepresentation in any
  application or other information filed under this chapter or
  commissioner [board] rules;
               (3)  violates this chapter or a commissioner [board]
  rule or order;
               (4)  violates any law relating to the sale,
  distribution, financing, or insuring of motor vehicles;
               (5)  fails to maintain the qualifications for a
  license;
               (6)  wilfully defrauds a purchaser;
               (7)  fails to fulfill a written agreement with a retail
  purchaser of a motor vehicle; or
               (8)  violates the requirements of Section 503.0631,
  Transportation Code.
         (b)  The commissioner [board] may take action under
  Subsection (a) against an applicant or license holder for an act or
  omission by an officer, director, partner, trustee, or other person
  acting in a representative capacity for the applicant or license
  holder that would be cause for denying, revoking, or suspending a
  license under this chapter.
         (d)  A license may not be denied, revoked, or suspended, and
  disciplinary action may not be taken under this subchapter, except
  on order of the commissioner [board] after a hearing.
         SECTION 4I.74.  Section 2301.652(a), Occupations Code, is
  amended to read as follows:
         (a)  The commissioner [board] may deny an application for a
  license to establish a dealership if, following a protest, the
  applicant fails to establish good cause for establishing the
  dealership. In determining good cause, the commissioner [board]
  shall consider:
               (1)  whether the manufacturer or distributor of the
  same line-make of new motor vehicle is being adequately represented
  as to sales and service;
               (2)  whether the protesting franchised dealer
  representing the same line-make of new motor vehicle is in
  substantial compliance with the dealer's franchise, to the extent
  that the franchise is not in conflict with this chapter;
               (3)  the desirability of a competitive marketplace;
               (4)  any harm to the protesting franchised dealer; and
               (5)  the public interest.
         SECTION 4I.75.  Section 2301.654, Occupations Code, is
  amended to read as follows:
         Sec. 2301.654.  PROBATION.  If a suspension of a license is
  probated, the commissioner [board] may:
               (1)  require the license holder to report regularly to
  the commissioner [board] on matters that are the basis of the
  probation; or
               (2)  limit activities to those prescribed by the
  commissioner [board].
         SECTION 4I.76.  Sections 2301.7025(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  This section does not apply to:
               (1)  an action with respect to which this chapter or
  rules of the commissioner [board] establish specific procedural
  time limits; or
               (2)  an action brought under Section 2301.204.
         (b)  Except as provided by this section, a license holder may
  not file an action with the commissioner [board] after the fourth
  anniversary of the date the action accrues.
         SECTION 4I.77.  Section 2301.703(a), Occupations Code, is
  amended to read as follows:
         (a)  A hearing shall be conducted in any contested case
  arising under this chapter or a commissioner [board] rule. The
  hearing must be conducted in accordance with this chapter, any
  order, decision, or rule of the commissioner [board], and Chapter
  2001, Government Code.
         SECTION 4I.78.  Section 2301.704(b), Occupations Code, is
  amended to read as follows:
         (b)  An administrative law judge has all of the
  commissioner's [board's] power and authority under this chapter to
  conduct hearings, including the power to:
               (1)  hold a hearing;
               (2)  administer an oath;
               (3)  receive pleadings and evidence;
               (4)  issue a subpoena to compel the attendance of a
  witness;
               (5)  compel the production of papers and documents;
               (6)  issue an interlocutory order, including a cease
  and desist order in the nature of a temporary restraining order or a
  temporary injunction;
               (7)  make findings of fact and conclusions of law; and
               (8)  issue a proposal for decision and recommend a
  final order.
         SECTION 4I.79.  Section 2301.705(a), Occupations Code, is
  amended to read as follows:
         (a)  Notice of a contested case hearing involving a license
  holder must be given in accordance with this chapter and
  commissioner [board] rules.
         SECTION 4I.80.  Section 2301.706, Occupations Code, is
  amended to read as follows:
         Sec. 2301.706.  NOTICE OF RULEMAKING HEARING.  Notice of a
  rulemaking hearing must be given in accordance with Chapter 2001,
  Government Code, and commissioner [board] rules before the 30th day
  preceding the date of the hearing.
         SECTION 4I.81.  Section 2301.709, Occupations Code, is
  amended to read as follows:
         Sec. 2301.709.  PROPOSED DECISION; REVIEW BY COMMISSIONER
  [BOARD].  (a)  In a contested case, the administrative law judge
  shall serve on each party a copy of the administrative law judge's
  proposal for decision and recommended order containing findings of
  fact and conclusions of law.  A party may file exceptions and
  replies to the commissioner [board].
         (b)  In reviewing the case, the commissioner [board] may
  consider only materials that are submitted timely.
         (c)  The commissioner [board] may hear such oral argument
  from any party as the commissioner [board] may allow.
         (d)  The commissioner [board] shall take any further action
  conducive to the issuance of a final order and shall issue a written
  final decision or order. [A majority vote of a quorum of the board
  is required to adopt a final decision or order of the board.]
         SECTION 4I.82.  Section 2301.710, Occupations Code, is
  amended to read as follows:
         Sec. 2301.710.  DISMISSAL OF COMPLAINT.  On the motion of any
  party, the commissioner [board], without holding a contested case
  hearing, may issue a final order dismissing a complaint, protest,
  or response in accordance with the terms and procedures set forth in
  Rule 166a, Texas Rules of Civil Procedure, or its successor.
         SECTION 4I.83.  Section 2301.711, Occupations Code, is
  amended to read as follows:
         Sec. 2301.711.  ORDERS AND DECISIONS.  (a)  An order or
  decision of the commissioner [board] must:
               (1)  include a separate finding of fact with respect to
  each specific issue the commissioner [board] is required by law to
  consider in reaching a decision;
               (2)  set forth additional findings of fact and
  conclusions of law on which the order or decision is based; and
               (3)  give the reasons for the particular actions taken.
         (b)  Except as provided by Subchapter M, the order or
  decision must:
               (1)  be signed by the commissioner [presiding officer
  or assistant presiding officer for the board];
               (2)  be attested to by the commissioner [director]; and
               (3)  have the seal affixed to it.
         SECTION 4I.84.  Section 2301.712(b), Occupations Code, is
  amended to read as follows:
         (b)  If a person who brings a complaint under Subchapter M
  prevails in the case, the commissioner [board] shall order the
  nonprevailing party in the case to reimburse the amount of the
  filing fee for the case.
         SECTION 4I.85.  Section 2301.751(a), Occupations Code, is
  amended to read as follows:
         (a)  A party to a proceeding affected by a final order, rule,
  or decision or other final action of the commissioner [board or
  director] under this chapter or under another law with respect to a
  matter arising under this chapter may seek judicial review of the
  action under the substantial evidence rule in:
               (1)  a district court in Travis County; or
               (2)  the court of appeals for the Third Court of Appeals
  District.
         SECTION 4I.86.  Section 2301.752(b), Occupations Code, is
  amended to read as follows:
         (b)  Citation for an appeal must be served on the
  commissioner [director] and each party of record in the matter. For
  an appeal initiated in the court of appeals, the court shall cause
  the citation to be issued.
         SECTION 4I.87.  Section 2301.753, Occupations Code, is
  amended to read as follows:
         Sec. 2301.753.  ADDITIONAL EVIDENCE.  An appeal in which
  evidence outside the record of the commissioner [board] is to be
  taken under Chapter 2001, Government Code, or otherwise, shall be
  brought in a district court in Travis County or in the court of
  appeals. An appeal brought in the court of appeals is subject to
  remand to a district court in Travis County for proceedings under
  instructions from the court of appeals.
         SECTION 4I.88.  Section 2301.755, Occupations Code, is
  amended to read as follows:
         Sec. 2301.755.  EFFECT OF APPEAL ON ORDER.  An appeal under
  this subchapter does not affect the enforcement of a final
  commissioner [board] order unless:
               (1)  the enforcement of the order is enjoinable under
  Chapter 65, Civil Practice and Remedies Code, and under principles
  of primary jurisdiction; or
               (2)  the commissioner [board], in the interest of
  justice, suspends the enforcement of the order pending final
  determination of the appeal.
         SECTION 4I.89.  Sections 2301.801(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  If, after a proceeding under this chapter and
  commissioner [board] rules, the commissioner [board] determines
  that a person is violating or has violated this chapter, a rule
  adopted or order issued under this chapter, or Section 503.038(a),
  Transportation Code, the commissioner [board] may impose a civil
  penalty. The amount of the penalty may not exceed $10,000 for each
  violation. Each act of violation and each day a violation continues
  is a separate violation.
         (b)  In determining the amount of the penalty, the
  commissioner [board] shall consider:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of any prohibited act,
  and the harm or potential harm to the safety of the public;
               (2)  the economic damage to the public caused by the
  violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  efforts to correct the violation; and
               (6)  any other matter that justice may require.
         SECTION 4I.90.  Section 2301.802, Occupations Code, is
  amended to read as follows:
         Sec. 2301.802.  CEASE AND DESIST ORDER.  (a)  If it appears
  to the commissioner [board] that a person is violating this chapter
  or a commissioner [board] rule or order, the commissioner [board]
  after notice may require the person engaged in the conduct to appear
  and show cause why a cease and desist order should not be issued
  prohibiting the conduct described in the notice.
         (b)  An interlocutory cease and desist order may be granted
  with or without bond or other undertaking if:
               (1)  the order is necessary to the performance of the
  duties delegated to the commissioner [board] by this chapter;
               (2)  the order is necessary or convenient to
  maintaining the status quo between two or more adverse parties
  before the commissioner [board];
               (3)  a party before the commissioner [board] is
  entitled to relief demanded of the commissioner [board] and all or
  part of the relief requires the restraint of some act prejudicial to
  the party;
               (4)  a person is performing, about to perform, or
  procuring or allowing the performance of an act:
                     (A)  relating to the subject of a contested case
  pending before the commissioner [board], in violation of the rights
  of a party before the commissioner [board]; and
                     (B)  that would tend to render the commissioner's
  [board's] order in the case ineffectual; or
               (5)  substantial injury to the rights of a person
  subject to the commissioner's [board's] jurisdiction is threatened
  regardless of any remedy available at law.
         (c)  A proceeding under this section is governed by:
               (1)  this chapter and the commissioner's [board's]
  rules; and
               (2)  Chapter 2001, Government Code, relating to a
  contested case, to the extent that chapter is not in conflict with
  Subdivision (1).
         (d)  An interlocutory cease and desist order remains in
  effect until vacated or incorporated in a final order of the
  commissioner [board]. An appeal of an interlocutory cease and
  desist order must be made to the commissioner [board] before
  seeking judicial review as provided by this chapter.
         (e)  A permanent cease and desist order may be issued
  regardless of the requirements of Subsection (b) but only under the
  procedures for a final order by the commissioner [board] under this
  chapter. An appeal of a permanent cease and desist order is made in
  the same manner as an appeal of a final order under this chapter.
         SECTION 4I.91.  Sections 2301.803(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  On the initiation of a commissioner [board] proceeding,
  whether by complaint, protest, or otherwise, a person who receives
  notice from the commissioner [board] of a statutory stay imposed by
  this chapter may not allow or commit any act or omission that would:
               (1)  violate this chapter or any rule, order, or
  decision of the commissioner [board];
               (2)  affect a legal right, duty, or privilege of any
  party before the commissioner [board]; or
               (3)  tend to render ineffectual a commissioner [board]
  order in a pending proceeding.
         (c)  A person affected by a statutory stay imposed by this
  chapter may initiate a proceeding before the commissioner [board]
  to modify, vacate, or clarify the extent and application of the
  statutory stay.
         SECTION 4I.92.  Sections 2301.804(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  If it appears that a person has violated, is violating,
  or is threatening to violate this chapter or a commissioner [board]
  rule or order, the commissioner [board or the director, if
  authorized by the board,] may cause a suit to be instituted in a
  court for:
               (1)  injunctive relief to restrain the person from
  committing the violation or threat of violation;
               (2)  imposition of a civil penalty; or
               (3)  both injunctive relief and a civil penalty.
         (b)  At the request of the commissioner [board or the
  director, if authorized by the board], the attorney general shall
  bring in the name of the state a suit for an injunction or a civil
  penalty as described by Subsection (a).
         SECTION 4I.93.  Section 2301.805(b), Occupations Code, is
  amended to read as follows:
         (b)  In an action brought under this section, and in the
  interest of judicial economy and efficiency, a judgment entered in
  the action must give deference to the findings of fact and
  conclusions of law of the commissioner [board] contained in any
  final order that is the basis of the action.
         SECTION 4I.94.  Section 2301.806, Occupations Code, is
  amended to read as follows:
         Sec. 2301.806.  COMMISSIONER [BOARD] EXEMPT FROM FILING
  FEE.  Notwithstanding the other provisions of this chapter, the
  commissioner [board] is not required to pay a filing fee when filing
  a complaint or other enforcement action.
         SECTION 4I.95.  Section 2305.007(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (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 of the Texas Transportation
  Commission or Texas Department of Transportation, an employee of
  the Texas Department of Motor Vehicles, a member of the Public
  Safety Commission, an officer of the Department of Public Safety,
  or another peace officer who is 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.
         SECTION 4I.96.  Section 2308.252(b), Occupations Code, is
  amended to read as follows:
         (b)  A parking facility owner is considered to have given
  notice under Subsection (a)(3) if:
               (1)  a conspicuous notice has been attached to the
  vehicle's front windshield or, if the vehicle has no front
  windshield, to a conspicuous part of the vehicle stating:
                     (A)  that the vehicle is in a parking space in
  which the vehicle is not authorized to be parked;
                     (B)  a description of all other unauthorized areas
  in the parking facility;
                     (C)  that the vehicle will be towed at the expense
  of the owner or operator of the vehicle if it remains in an
  unauthorized area of the parking facility; and
                     (D)  a telephone number that is answered 24 hours
  a day to enable the owner or operator of the vehicle to locate the
  vehicle; and
               (2)  a notice is mailed after the notice is attached to
  the vehicle as provided by Subdivision (1) to the owner of the
  vehicle by certified mail, return receipt requested, to the last
  address shown for the owner according to the vehicle registration
  records of the Texas Department of Motor Vehicles [Transportation],
  or if the vehicle is registered in another state, the appropriate
  agency of that state.
         SECTION 4I.97.  The following sections of the Occupations
  Code are repealed:
               (1)  Sections 2301.002(2), (10), and (13); and
               (2)  Section 2301.005.
  PART J. PENAL CODE
         SECTION 4J.01.  Section 31.03(c), Penal Code, is amended to
  read as follows:
         (c)  For purposes of Subsection (b):
               (1)  evidence that the actor has previously
  participated in recent transactions other than, but similar to,
  that which the prosecution is based is admissible for the purpose of
  showing knowledge or intent and the issues of knowledge or intent
  are raised by the actor's plea of not guilty;
               (2)  the testimony of an accomplice shall be
  corroborated by proof that tends to connect the actor to the crime,
  but the actor's knowledge or intent may be established by the
  uncorroborated testimony of the accomplice;
               (3)  an actor engaged in the business of buying and
  selling used or secondhand personal property, or lending money on
  the security of personal property deposited with the actor, is
  presumed to know upon receipt by the actor of stolen property (other
  than a motor vehicle subject to Chapter 501, Transportation Code)
  that the property has been previously stolen from another if the
  actor pays for or loans against the property $25 or more (or
  consideration of equivalent value) and the actor knowingly or
  recklessly:
                     (A)  fails to record the name, address, and
  physical description or identification number of the seller or
  pledgor;
                     (B)  fails to record a complete description of the
  property, including the serial number, if reasonably available, or
  other identifying characteristics; or
                     (C)  fails to obtain a signed warranty from the
  seller or pledgor that the seller or pledgor has the right to
  possess the property. It is the express intent of this provision
  that the presumption arises unless the actor complies with each of
  the numbered requirements;
               (4)  for the purposes of Subdivision (3)(A),
  "identification number" means driver's license number, military
  identification number, identification certificate, or other
  official number capable of identifying an individual;
               (5)  stolen property does not lose its character as
  stolen when recovered by any law enforcement agency;
               (6)  an actor engaged in the business of obtaining
  abandoned or wrecked motor vehicles or parts of an abandoned or
  wrecked motor vehicle for resale, disposal, scrap, repair,
  rebuilding, demolition, or other form of salvage is presumed to
  know on receipt by the actor of stolen property that the property
  has been previously stolen from another if the actor knowingly or
  recklessly:
                     (A)  fails to maintain an accurate and legible
  inventory of each motor vehicle component part purchased by or
  delivered to the actor, including the date of purchase or delivery,
  the name, age, address, sex, and driver's license number of the
  seller or person making the delivery, the license plate number of
  the motor vehicle in which the part was delivered, a complete
  description of the part, and the vehicle identification number of
  the motor vehicle from which the part was removed, or in lieu of
  maintaining an inventory, fails to record the name and certificate
  of inventory number of the person who dismantled the motor vehicle
  from which the part was obtained;
                     (B)  fails on receipt of a motor vehicle to obtain
  a certificate of authority, sales receipt, or transfer document as
  required by Chapter 683, Transportation Code, or a certificate of
  title showing that the motor vehicle is not subject to a lien or
  that all recorded liens on the motor vehicle have been released; or
                     (C)  fails on receipt of a motor vehicle to
  immediately remove an unexpired license plate from the motor
  vehicle, to keep the plate in a secure and locked place, or to
  maintain an inventory, on forms provided by the Texas Department of
  Motor Vehicles [Transportation], of license plates kept under this
  paragraph, including for each plate or set of plates the license
  plate number and the make, motor number, and vehicle identification
  number of the motor vehicle from which the plate was removed;
               (7)  an actor who purchases or receives a used or
  secondhand motor vehicle is presumed to know on receipt by the actor
  of the motor vehicle that the motor vehicle has been previously
  stolen from another if the actor knowingly or recklessly:
                     (A)  fails to report to the Texas Department of
  Motor Vehicles [Transportation] the failure of the person who sold
  or delivered the motor vehicle to the actor to deliver to the actor
  a properly executed certificate of title to the motor vehicle at the
  time the motor vehicle was delivered; or
                     (B)  fails to file with the county tax
  assessor-collector of the county in which the actor received the
  motor vehicle, not later than the 20th day after the date the actor
  received the motor vehicle, the registration license receipt and
  certificate of title or evidence of title delivered to the actor in
  accordance with Subchapter D, Chapter 520, Transportation Code, at
  the time the motor vehicle was delivered;
               (8)  an actor who purchases or receives from any source
  other than a licensed retailer or distributor of pesticides a
  restricted-use pesticide or a state-limited-use pesticide or a
  compound, mixture, or preparation containing a restricted-use or
  state-limited-use pesticide is presumed to know on receipt by the
  actor of the pesticide or compound, mixture, or preparation that
  the pesticide or compound, mixture, or preparation has been
  previously stolen from another if the actor:
                     (A)  fails to record the name, address, and
  physical description of the seller or pledgor;
                     (B)  fails to record a complete description of the
  amount and type of pesticide or compound, mixture, or preparation
  purchased or received; and
                     (C)  fails to obtain a signed warranty from the
  seller or pledgor that the seller or pledgor has the right to
  possess the property; and
               (9)  an actor who is subject to Section 409, Packers and
  Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
  a commission merchant by representing that the actor will make
  prompt payment is presumed to have induced the commission
  merchant's consent by deception if the actor fails to make full
  payment in accordance with Section 409, Packers and Stockyards Act
  (7 U.S.C. Section 228b).
         SECTION 4J.02.  Section 31.11(b), Penal Code, is amended to
  read as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the person was:
               (1)  the owner or acting with the effective consent of
  the owner of the property involved;
               (2)  a peace officer acting in the actual discharge of
  official duties; or
               (3)  acting with respect to a number assigned to a
  vehicle by the Texas Department of Transportation or the Texas
  Department of Motor Vehicles, as applicable, and the person was:
                     (A)  in the actual discharge of official duties as
  an employee or agent of the department; or
                     (B)  in full compliance with the rules of the
  department as an applicant for an assigned number approved by the
  department.
  PART K. TAX CODE
         SECTION 4K.01.  Section 21.02(d), Tax Code, is amended to
  read as follows:
         (d)  A motor vehicle does not have taxable situs in a taxing
  unit under Subsection (a)(1) if, on January 1, the vehicle:
               (1)  has been located for less than 60 days at a place
  of business of a person who holds a wholesale motor vehicle auction
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation] under Chapter 503, Transportation
  Code, for that place of business; and
               (2)  is offered for resale.
         SECTION 4K.02.  Section 22.04(d), Tax Code, is amended to
  read as follows:
         (d)  This section does not apply to a motor vehicle that on
  January 1 is located at a place of business of a person who holds a
  wholesale motor vehicle auction general distinguishing number
  issued by the Texas Department of Motor Vehicles [Transportation]
  under Chapter 503, Transportation Code, for that place of business,
  and that:
               (1)  has not acquired taxable situs under Section
  21.02(a)(1) in a taxing unit that participates in the appraisal
  district because the vehicle is described by Section 21.02(d);
               (2)  is offered for sale by a dealer who holds a
  dealer's general distinguishing number issued by the Texas
  Department of Motor Vehicles [Transportation] under Chapter 503,
  Transportation Code, and whose inventory of motor vehicles is
  subject to taxation in the manner provided by Sections 23.121 and
  23.122; or
               (3)  is collateral possessed by a lienholder and
  offered for sale in foreclosure of a security interest.
         SECTION 4K.03.  Sections 23.121(a)(3), (11), and (14), Tax
  Code, are amended to read as follows:
               (3)  "Dealer" means a person who holds a dealer's
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation] under the authority of Chapter 503,
  Transportation Code, or who is legally recognized as a motor
  vehicle dealer pursuant to the law of another state and who complies
  with the terms of Section 152.063(f). The term does not include:
                     (A)  a person who holds a manufacturer's license
  issued by the [Motor Vehicle Board of the] Texas Department of Motor
  Vehicles [Transportation];
                     (B)  an entity that is owned or controlled by a
  person who holds a manufacturer's license issued by the [Motor
  Vehicle Board of the] Texas Department of Motor Vehicles
  [Transportation]; or
                     (C)  a dealer whose general distinguishing number
  issued by the Texas Department of Motor Vehicles [Transportation]
  under the authority of Chapter 503, Transportation Code, prohibits
  the dealer from selling a vehicle to any person except a dealer.
               (11)  "Sales price" means the total amount of money
  paid or to be paid for the purchase of a motor vehicle as set forth
  as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation]. In a transaction that does not involve
  the use of that form, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Title if that form were involved.
               (14)  "Towable recreational vehicle" means a
  nonmotorized vehicle that is designed for temporary human
  habitation for recreational, camping, or seasonal use and:
                     (A)  is titled and registered with the Texas
  Department of Motor Vehicles [Transportation] through the office of
  the collector;
                     (B)  is permanently built on a single chassis;
                     (C)  contains one or more life support systems;
  and
                     (D)  is designed to be towable by a motor vehicle.
         SECTION 4K.04.  Sections 23.121(f), (g), and (h), Tax Code,
  are amended to read as follows:
         (f)  The comptroller shall promulgate a form entitled
  Dealer's Motor Vehicle Inventory Declaration. Except as provided
  by Section 23.122(l) of this code, not later than February 1 of each
  year, or, in the case of a dealer who was not in business on January
  1, not later than 30 days after commencement of business, each
  dealer shall file a declaration with the chief appraiser and file a
  copy with the collector. For purposes of this subsection, a dealer
  is presumed to have commenced business on the date of issuance to
  the dealer of a dealer's general distinguishing number as provided
  by Chapter 503, Transportation Code. Notwithstanding the
  presumption created by this subsection, a chief appraiser may, at
  his or her sole discretion, designate as the date on which a dealer
  commenced business a date other than the date of issuance to the
  dealer of a dealer's general distinguishing number. The
  declaration is sufficient to comply with this subsection if it sets
  forth the following information:
               (1)  the name and business address of each location at
  which the dealer owner conducts business;
               (2)  each of the dealer's general distinguishing
  numbers issued by the Texas Department of Motor Vehicles
  [Transportation];
               (3)  a statement that the dealer owner is the owner of a
  dealer's motor vehicle inventory; and
               (4)  the market value of the dealer's motor vehicle
  inventory for the current tax year as computed under Section
  23.121(b) of this code.
         (g)  Under the terms provided by this subsection, the chief
  appraiser may examine the books and records of the holder of a
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation]. A request made under this
  subsection must be made in writing, delivered personally to the
  custodian of the records, at the location for which the general
  distinguishing number has been issued, must provide a period not
  less than 15 days for the person to respond to the request, and must
  state that the person to whom it is addressed has the right to seek
  judicial relief from compliance with the request. In a request made
  under this section the chief appraiser may examine:
               (1)  the document issued by the Texas Department of
  Motor Vehicles [Transportation] showing the person's general
  distinguishing number;
               (2)  documentation appropriate to allow the chief
  appraiser to ascertain the applicability of this section and
  Section 23.122 of this code to the person;
               (3)  sales records to substantiate information set
  forth in the dealer's declaration filed by the person.
         (h)  If a dealer fails to file a declaration as required by
  this section, or if, on the declaration required by this section, a
  dealer reports the sale of fewer than five motor vehicles in the
  prior year, the chief appraiser shall report that fact to the Texas
  Department of Motor Vehicles [Transportation] and the department
  shall initiate termination proceedings. The chief appraiser shall
  include with the report a copy of a declaration, if any, indicating
  the sale by a dealer of fewer than five motor vehicles in the prior
  year. A report by a chief appraiser to the Texas Department of
  Motor Vehicles [Transportation] as provided by this subsection is
  prima facie grounds for the cancellation of the dealer's general
  distinguishing number under Section 503.038(a)(9), Transportation
  Code, or for refusal by the Texas Department of Motor Vehicles
  [Transportation] to renew the dealer's general distinguishing
  number.
         SECTION 4K.05.  Section 23.123(c), Tax Code, is amended to
  read as follows:
         (c)  Information made confidential by this section may be
  disclosed:
               (1)  in a judicial or administrative proceeding
  pursuant to a lawful subpoena;
               (2)  to the person who filed the declaration or
  statement or to that person's representative authorized by the
  person in writing to receive the information;
               (3)  to the comptroller or an employee of the
  comptroller authorized by the comptroller to receive the
  information;
               (4)  to a collector or chief appraiser;
               (5)  to a district attorney, criminal district attorney
  or county attorney involved in the enforcement of a penalty imposed
  pursuant to Section 23.121 or Section 23.122 of this code;
               (6)  for statistical purposes if in a form that does not
  identify specific property or a specific property owner;
               (7)  if and to the extent that the information is
  required for inclusion in a public document or record that the
  appraisal or collection office is required by law to prepare or
  maintain; or
               (8)  to the Texas Department of Motor Vehicles
  [Transportation] for use by that department in auditing compliance
  of its licensees with appropriate provisions of applicable law.
         SECTION 4K.06.  Section 23.124(a)(11), Tax Code, is amended
  to read as follows:
               (11)  "Sales price" means the total amount of money
  paid or to be paid for the purchase of:
                     (A)  a vessel, other than a trailer that is
  treated as a vessel, as set forth as "sales price" in the form
  entitled "Application for Texas Certificate of Number/Title for
  Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
  and Wildlife Department;
                     (B)  an outboard motor as set forth as "sales
  price" in the form entitled "Application for Texas Certificate of
  Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
  promulgated by the Parks and Wildlife Department; or
                     (C)  a trailer that is treated as a vessel as set
  forth as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation].
               In a transaction involving a vessel, an outboard motor,
  or a trailer that is treated as a vessel that does not involve the
  use of one of these forms, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
  Application for Texas Certificate of Title for an Outboard
  Motor/Seller, Donor or Trader's Affidavit, or the Application for
  Texas Certificate of Title if one of these forms were involved.
         SECTION 4K.07.  Section 113.011, Tax Code, is amended to
  read as follows:
         Sec. 113.011.  LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
  VEHICLES [TRANSPORTATION].  The comptroller shall furnish to the
  Texas Department of Motor Vehicles [Transportation] each release of
  a tax lien filed by the comptroller with that department.
         SECTION 4K.08.  Sections 152.0412(a) and (f), Tax Code, are
  amended to read as follows:
         (a)  In this section, "standard presumptive value" means the
  private-party transaction value of a motor vehicle, as determined
  by the Texas Department of Motor Vehicles [Transportation] based on
  an appropriate regional guidebook of a nationally recognized motor
  vehicle value guide service, or based on another motor vehicle
  guide publication that the department determines is appropriate if
  a private-party transaction value for the motor vehicle is not
  available from a regional guidebook described by this subsection.
         (f)  The Texas Department of Motor Vehicles [Transportation]
  shall maintain information on the standard presumptive values of
  motor vehicles as part of the department's registration and title
  system.  The department shall update the information at least
  quarterly each calendar year and publish, electronically or
  otherwise, the updated information.
         SECTION 4K.09.  Section 152.042, Tax Code, is amended to
  read as follows:
         Sec. 152.042.  COLLECTION OF TAX ON METAL DEALER PLATES.  A
  person required to pay the tax imposed by Section 152.027 shall pay
  the tax to the Texas Department of Motor Vehicles [Transportation],
  and the department may not issue the metal dealer's plates until the
  tax is paid.
         SECTION 4K.10.  Section 152.121(b), Tax Code, is amended to
  read as follows:
         (b)  Taxes on metal dealer plates collected by the Texas
  Department of Motor Vehicles [Transportation] shall be deposited by
  the department in the state treasury in the same manner as are other
  taxes collected under this chapter.
         SECTION 4K.11.  Section 162.001(52), Tax Code, is amended to
  read as follows:
               (52)  "Registered gross weight" means the total weight
  of the vehicle and carrying capacity shown on the registration
  certificate issued by the Texas Department of Motor Vehicles
  [Transportation].
  ARTICLE 5. CONFORMING AMENDMENTS PERTAINING TO DEPARTMENT OF
  PUBLIC SAFETY IN OTHER CODES AND STATUTES
  PART A.  ALCOHOLIC BEVERAGE CODE
         SECTION 5A.01.  Section 106.03(b), Alcoholic Beverage Code,
  is amended to read as follows:
         (b)  A person who sells a minor an alcoholic beverage does
  not commit an offense if the minor falsely represents himself to be
  21 years old or older by displaying an apparently valid Texas
  driver's license or an identification certificate [card] issued by
  the Texas Department of Public Safety or the Texas Department of
  Motor Vehicles, as applicable, containing a physical description
  consistent with his appearance for the purpose of inducing the
  person to sell him an alcoholic beverage.
         SECTION 5A.02.  Section 106.071(d), Alcoholic Beverage
  Code, is amended to read as follows:
         (d)  In addition to any fine and any order issued under
  Section 106.115:
               (1)  the court shall order a minor placed on deferred
  disposition for or convicted of an offense to which this section
  applies to perform community service for:
                     (A)  not less than eight or more than 12 hours, if
  the minor has not been previously convicted of an offense to which
  this section applies; or
                     (B)  not less than 20 or more than 40 hours, if the
  minor has been previously convicted once of an offense to which this
  section applies; and
               (2)  the court shall order the Texas Department of
  Motor Vehicles [Public Safety] to suspend the driver's license or
  permit of a minor convicted of an offense to which this section
  applies or, if the minor does not have a driver's license or permit,
  to deny the issuance of a driver's license or permit for:
                     (A)  30 days, if the minor has not been previously
  convicted of an offense to which this section applies;
                     (B)  60 days, if the minor has been previously
  convicted once of an offense to which this section applies; or
                     (C)  180 days, if the minor has been previously
  convicted twice or more of an offense to which this section applies.
         SECTION 5A.03.  Sections 106.115(d) and (e), Alcoholic
  Beverage Code, are amended to read as follows:
         (d)  If the defendant does not present the required evidence
  within the prescribed period, the court:
               (1)  shall order the Texas Department of Motor Vehicles
  [Public Safety] to:
                     (A)  suspend the defendant's driver's license or
  permit for a period not to exceed six months or, if the defendant
  does not have a license or permit, to deny the issuance of a license
  or permit to the defendant for that period; or
                     (B)  if the defendant has been previously
  convicted of an offense under one or more of the sections listed in
  Subsection (a), suspend the defendant's driver's license or permit
  for a period not to exceed one year or, if the defendant does not
  have a license or permit, to deny the issuance of a license or
  permit to the defendant for that period; and
               (2)  may order the defendant or the parent, managing
  conservator, or guardian of the defendant to do any act or refrain
  from doing any act if the court determines that doing the act or
  refraining from doing the act will increase the likelihood that the
  defendant will present evidence to the court that the defendant has
  satisfactorily completed an alcohol awareness program or performed
  the required hours of community service.
         (e)  The Texas Department of Motor Vehicles [Public Safety]
  shall send notice of the suspension or prohibition order issued
  under Subsection (d) by first class mail to the defendant. The
  notice must include the date of the suspension or prohibition
  order, the reason for the suspension or prohibition, and the period
  covered by the suspension or prohibition.
         SECTION 5A.04.  Section 106.15(e), Alcoholic Beverage Code,
  is amended to read as follows:
         (e)  A person does not commit an offense under Subsection (a)
  if the person younger than 18 years of age falsely represents the
  person's age to be at least 18 years of age by displaying an
  apparently valid Texas driver's license or an identification
  certificate [card] issued by the Department of Public Safety or the
  Texas Department of Motor Vehicles, as applicable, containing a
  physical description consistent with the person's appearance.
  PART B.  CODE OF CRIMINAL PROCEDURE
         SECTION 5B.01.  Article 42.016, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
  REQUIREMENTS FOR CERTAIN SEX OFFENDERS.  If a person is convicted
  of, receives a grant of deferred adjudication for, or is
  adjudicated as having engaged in delinquent conduct based on a
  violation of an offense for which a conviction or adjudication
  requires registration as a sex offender under Chapter 62, the court
  shall:
               (1)  issue an order requiring the Texas Department of
  Motor Vehicles [Public Safety] to include in any driver's license
  record or personal identification certificate record maintained by
  the department for the person an indication that the person is
  subject to the registration requirements of Chapter 62;
               (2)  require the person to apply to the Texas
  Department of Motor Vehicles [Public Safety] in person for an
  original or renewal driver's license or personal identification
  certificate not later than the 30th day after the date the person is
  released or the date the department sends written notice to the
  person of the requirements of Article 62.060, as applicable, and to
  annually renew the license or certificate;
               (3)  notify the person of the consequence of the
  conviction or order of deferred adjudication as it relates to the
  order issued under this article; and
               (4)  send to the Texas Department of Motor Vehicles
  [Public Safety] a copy of the record of conviction, a copy of the
  order granting deferred adjudication, or a copy of the juvenile
  adjudication, as applicable, and a copy of the order issued under
  this article.
         SECTION 5B.02.  Sections 13(h), (j), (l), and (m), Article
  42.12, Code of Criminal Procedure, are amended to read as follows:
         (h)  If a person convicted of an offense under Sections
  49.04-49.08, Penal Code, is placed on community supervision, the
  judge shall require, as a condition of the community supervision,
  that the defendant attend and successfully complete before the
  181st day after the day community supervision is granted an
  educational program jointly approved by the Texas Commission on
  Alcohol and Drug Abuse, the Department of Public Safety, the
  Traffic Safety Section of the Texas Department of Transportation,
  and the community justice assistance division of the Texas
  Department of Criminal Justice designed to rehabilitate persons who
  have driven while intoxicated. The Texas Commission on Alcohol and
  Drug Abuse shall publish the jointly approved rules and shall
  monitor, coordinate, and provide training to persons providing the
  educational programs. The Texas Commission on Alcohol and Drug
  Abuse is responsible for the administration of the certification of
  approved educational programs and may charge a nonrefundable
  application fee for the initial certification of approval and for
  renewal of a certificate. The judge may waive the educational
  program requirement or may grant an extension of time to
  successfully complete the program that expires not later than one
  year after the beginning date of the person's community
  supervision, however, if the defendant by a motion in writing shows
  good cause. In determining good cause, the judge may consider but
  is not limited to: the defendant's school and work schedule, the
  defendant's health, the distance that the defendant must travel to
  attend an educational program, and the fact that the defendant
  resides out of state, has no valid driver's license, or does not
  have access to transportation. The judge shall set out the finding
  of good cause for waiver in the judgment. If a defendant is
  required, as a condition of community supervision, to attend an
  educational program or if the court waives the educational program
  requirement, the court clerk shall immediately report that fact to
  the Texas Department of Motor Vehicles [Public Safety], on a form
  prescribed by the department, for inclusion in the person's driving
  record. If the court grants an extension of time in which the
  person may complete the program, the court clerk shall immediately
  report that fact to the Texas Department of Motor Vehicles [Public
  Safety] on a form prescribed by the department. The report must
  include the beginning date of the person's community supervision.
  Upon the person's successful completion of the educational program,
  the person's instructor shall give notice to the Texas Department
  of Motor Vehicles [Public Safety] for inclusion in the person's
  driving record and to the community supervision and corrections
  department. The community supervision and corrections department
  shall then forward the notice to the court clerk for filing. If the
  Texas Department of Motor Vehicles [Public Safety] does not receive
  notice that a defendant required to complete an educational program
  has successfully completed the program within the period required
  by this section, as shown on department records, the department
  shall revoke the defendant's driver's license, permit, or privilege
  or prohibit the person from obtaining a license or permit, as
  provided by Sections 521.344(e) and (f), Transportation Code. The
  Texas Department of Motor Vehicles [Public Safety] may not
  reinstate a license suspended under this subsection unless the
  person whose license was suspended makes application to the
  department for reinstatement of the person's license and pays to
  the department a reinstatement fee of $50. The Texas Department of
  Motor Vehicles [Public Safety] shall remit all fees collected under
  this subsection to the comptroller for deposit in the general
  revenue fund. This subsection does not apply to a defendant if a
  jury recommends community supervision for the defendant and also
  recommends that the defendant's driver's license not be suspended.
         (j)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, as a condition of community
  supervision, to attend and successfully complete an educational
  program for repeat offenders approved by the Texas Commission on
  Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
  Abuse shall adopt rules and shall monitor, coordinate, and provide
  training to persons providing the educational programs. The Texas
  Commission on Alcohol and Drug Abuse is responsible for the
  administration of the certification of approved educational
  programs and may charge a nonrefundable application fee for initial
  certification of approval or for renewal of the certification. The
  judge may waive the educational program requirement only if the
  defendant by a motion in writing shows good cause. In determining
  good cause, the judge may consider the defendant's school and work
  schedule, the defendant's health, the distance that the defendant
  must travel to attend an educational program, and whether the
  defendant resides out of state or does not have access to
  transportation. The judge shall set out the finding of good cause
  in the judgment. If a defendant is required, as a condition of
  community supervision, to attend an educational program, the court
  clerk shall immediately report that fact to the Texas Department of
  Motor Vehicles [Public Safety], on a form prescribed by the
  department, for inclusion in the defendant's driving record. The
  report must include the beginning date of the defendant's community
  supervision. On the defendant's successful completion of the
  educational program for repeat offenders, the defendant's
  instructor shall give notice to the Texas Department of Motor
  Vehicles [Public Safety] for inclusion in the defendant's driving
  record and to the community supervision and corrections department.
  The community supervision and corrections department shall then
  forward the notice to the court clerk for filing. If the Texas
  Department of Motor Vehicles [Public Safety] does not receive
  notice that a defendant required to complete an educational program
  has successfully completed the program for repeat offenders within
  the period required by the judge, as shown on department records,
  the department shall revoke the defendant's driver's license,
  permit, or privilege or prohibit the defendant from obtaining a
  license or permit, as provided by Sections 521.344(e) and (f),
  Transportation Code.
         (l)  If the Texas Department of Motor Vehicles [Public
  Safety] receives notice that a defendant has been required or
  permitted to attend a subsequent educational program under
  Subsection (h), (j), or (k) of this section, although the
  previously required attendance had been waived, but the judge has
  not ordered a period of suspension, the department shall suspend
  the defendant's driver's license, permit, or operating privilege,
  or shall issue an order prohibiting the defendant from obtaining a
  license or permit for a period of 365 days.
         (m)  If a judge revokes the community supervision of a
  defendant for an offense under Section 49.04, Penal Code, or an
  offense involving the operation of a motor vehicle under Section
  49.07, Penal Code, and the driver's license or privilege to operate
  a motor vehicle has not previously been ordered by the judge to be
  suspended, or if the suspension was previously probated, the judge
  shall suspend the license or privilege for a period provided under
  Subchapter O, Chapter 521, Transportation Code. The suspension
  shall be reported to the Texas Department of Motor Vehicles [Public
  Safety] as provided under Section 521.347, Transportation Code.
         SECTION 5B.03.  Articles 45.050(c) and (f), Code of Criminal
  Procedure, are amended to read as follows:
         (c)  If a child fails to obey an order of a justice or
  municipal court under circumstances that would constitute contempt
  of court, the justice or municipal court, after providing notice
  and an opportunity to be heard, may:
               (1)  refer the child to the appropriate juvenile court
  for delinquent conduct for contempt of the justice or municipal
  court order; or
               (2)  retain jurisdiction of the case, hold the child in
  contempt of the justice or municipal court, and order either or both
  of the following:
                     (A)  that the contemnor pay a fine not to exceed
  $500; or
                     (B)  that the Texas Department of Motor Vehicles
  [Public Safety] suspend the contemnor's driver's license or permit
  or, if the contemnor does not have a license or permit, to deny the
  issuance of a license or permit to the contemnor until the contemnor
  fully complies with the orders of the court.
         (f)  A court that orders suspension or denial of a driver's
  license or permit under Subsection (c)(2)(B) shall notify the Texas
  Department of Motor Vehicles [Public Safety] on receiving proof of
  compliance with the orders of the court.
         SECTION 5B.04.  Articles 45.051(b-1) and (b-3), Code of
  Criminal Procedure, are amended to read as follows:
         (b-1)  If the defendant is younger than 25 years of age and
  the offense committed by the defendant is a traffic offense
  classified as a moving violation:
               (1)  Subsection (b)(8) does not apply;
               (2)  during the deferral period, the judge shall
  require the defendant to complete a driving safety course approved
  under Chapter 1001, Education Code; and
               (3)  if the defendant holds a provisional license,
  during the deferral period the judge shall require that the
  defendant be examined by the Texas Department of Motor Vehicles
  [Public Safety] as required by Section 521.161(b)(2),
  Transportation Code; a defendant is not exempt from the examination
  regardless of whether the defendant was examined previously.
         (b-3)  The fee collected under Subsection (b-2) must be
  deposited to the credit of a special account in the general revenue
  fund and may be used only by the Texas Department of Motor Vehicles
  [Public Safety] for the administration of Chapter 521,
  Transportation Code.
         SECTION 5B.05.  Articles 45.0511(c), (c-1), and (l), Code of
  Criminal Procedure, are amended to read as follows:
         (c)  The court shall enter judgment on the defendant's plea
  of no contest or guilty at the time the plea is made, defer
  imposition of the judgment, and allow the defendant 90 days to
  successfully complete the approved driving safety course or
  motorcycle operator training course and present to the court:
               (1)  a uniform certificate of completion of the driving
  safety course or a verification of completion of the motorcycle
  operator training course;
               (2)  unless the judge proceeds under Subsection (c-1),
  the defendant's driving record as maintained by the Texas
  Department of Motor Vehicles [Public Safety], if any, showing that
  the defendant had not completed an approved driving safety course
  or motorcycle operator training course, as applicable, within the
  12 months preceding the date of the offense;
               (3)  an affidavit stating that the defendant was not
  taking a driving safety course or motorcycle operator training
  course, as applicable, under this article on the date the request to
  take the course was made and had not completed such a course that is
  not shown on the defendant's driving record within the 12 months
  preceding the date of the offense; and
               (4)  if the defendant does not have a valid Texas
  driver's license or permit and is a member, or the spouse or
  dependent child of a member, of the United States military forces
  serving on active duty, an affidavit stating that the defendant was
  not taking a driving safety course or motorcycle operator training
  course, as appropriate, in another state on the date the request to
  take the course was made and had not completed such a course within
  the 12 months preceding the date of the offense.
         (c-1)  In this subsection, "TexasOnline" has the meaning
  assigned by Section 2054.003, Government Code.  As an alternative
  to receiving the defendant's driving record under Subsection
  (c)(2), the judge, at the time the defendant requests a driving
  safety course or motorcycle operator training course dismissal
  under this article, may require the defendant to pay a fee in an
  amount equal to the sum of the amount of the fee established by
  Section 521.048, Transportation Code, and the TexasOnline fee and,
  using TexasOnline, may request the Texas Department of Motor
  Vehicles [Public Safety] to provide the judge with a copy of the
  defendant's driving record that shows the information described by
  Section 521.047(b), Transportation Code.  As soon as practicable
  and using TexasOnline, the Texas Department of Motor Vehicles
  [Public Safety] shall provide the judge with the requested copy of
  the defendant's driving record.  The fee authorized by this
  subsection is in addition to any other fee required under this
  article.  If the copy of the defendant's driving record provided to
  the judge under this subsection shows that the defendant has not
  completed an approved driving safety course or motorcycle operator
  training course, as appropriate, within the 12 months preceding the
  date of the offense, the judge shall allow the defendant to complete
  the appropriate course as provided by this article.  The custodian
  of a municipal or county treasury who receives fees collected under
  this subsection shall keep a record of the fees and, without
  deduction or proration, forward the fees to the comptroller, with
  and in the manner required for other fees and costs received in
  connection with criminal cases.  The comptroller shall credit fees
  received under this subsection to the Texas Department of Motor
  Vehicles [Public Safety].
         (l)  When a defendant complies with Subsection (c), the court
  shall:
               (1)  remove the judgment and dismiss the charge;
               (2)  report the fact that the defendant successfully
  completed a driving safety course or a motorcycle operator training
  course and the date of completion to the Texas Department of Motor
  Vehicles [Public Safety] for inclusion in the person's driving
  record; and
               (3)  state in that report whether the course was taken
  under this article to provide information necessary to determine
  eligibility to take a subsequent course under Subsection (b).
         SECTION 5B.06.  Article 45.052(d), Code of Criminal
  Procedure, is amended to read as follows:
         (d)  A charge dismissed under this article may not be part of
  the defendant's criminal record or driving record or used for any
  purpose. However, if the charge was for a traffic offense, the
  court shall report to the Texas Department of Motor Vehicles
  [Public Safety] that the defendant successfully completed the teen
  court program and the date of completion for inclusion in the
  defendant's driving record.
         SECTION 5B.07.  Article 45.054(f), Code of Criminal
  Procedure, is amended to read as follows:
         (f)  In addition to any other order authorized by this
  article, the court may order the Texas Department of Motor Vehicles
  [Public Safety] to suspend the driver's license or permit of the
  individual who is the subject of the hearing or, if the individual
  does not have a license or permit, to deny the issuance of a license
  or permit to the individual for a period specified by the court not
  to exceed 365 days.
  PART C.  EDUCATION CODE
         SECTION 5C.01.  Section 22.051(a), Education Code, is
  amended to read as follows:
         (a)  In this subchapter, "professional employee of a school
  district" includes:
               (1)  a superintendent, principal, teacher, including a
  substitute teacher, supervisor, social worker, counselor, nurse,
  and teacher's aide employed by a school district;
               (2)  a teacher employed by a company that contracts
  with a school district to provide the teacher's services to the
  district;
               (3)  a student in an education preparation program
  participating in a field experience or internship;
               (4)  a school bus driver certified in accordance with
  standards and qualifications adopted by the Texas Department of
  Motor Vehicles [Public Safety of the State of Texas];
               (5)  a member of the board of trustees of an independent
  school district; and
               (6)  any other person employed by a school district
  whose employment requires certification and the exercise of
  discretion.
         SECTION 5C.02.  Section 51.207(c), Education Code, is
  amended to read as follows:
         (c)  The commissioner of motor vehicles [Public Safety
  Commission] shall adopt rules providing for the inspection under
  Subchapter F, Chapter 548, Transportation Code, of motor vehicles
  not registered in this state for purposes of Subsection (b).
         SECTION 5C.03.  Section 1001.001(5), Education Code, is
  amended to read as follows:
               (5)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
  PART D.  ELECTION CODE
         SECTION 5D.01.  Section 13.002(c), Election Code, is amended
  to read as follows:
         (c)  A registration application must include:
               (1)  the applicant's first name, middle name, if any,
  last name, and former name, if any;
               (2)  the month, day, and year of the applicant's birth;
               (3)  a statement that the applicant is a United States
  citizen;
               (4)  a statement that the applicant is a resident of the
  county;
               (5)  a statement that the applicant has not been
  determined by a final judgment of a court exercising probate
  jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (6)  a statement that the applicant has not been
  finally convicted of a felony or that the applicant is a felon
  eligible for registration under Section 13.001;
               (7)  the applicant's residence address or, if the
  residence has no address, the address at which the applicant
  receives mail and a concise description of the location of the
  applicant's residence;
               (8)  the following information:
                     (A)  the applicant's Texas driver's license number
  or the number of a personal identification certificate [card]
  issued by the Department of Public Safety or the Texas Department of
  Motor Vehicles, as applicable, or a statement by the applicant that
  the applicant has not been issued a driver's license or personal
  identification certificate [card]; or
                     (B)  if the applicant has not been issued a number
  described by Paragraph (A), the last four digits of the applicant's
  social security number or a statement by the applicant that the
  applicant has not been issued a social security number;
               (9)  if the application is made by an agent, a statement
  of the agent's relationship to the applicant; and
               (10)  the city and county in which the applicant
  formerly resided.
         SECTION 5D.02.  Section 13.004(c), Election Code, is amended
  to read as follows:
         (c)  The following information furnished on a registration
  application is confidential and does not constitute public
  information for purposes of Chapter 552, Government Code:
               (1)  a social security number;
               (2)  a Texas driver's license number;
               (3)  a number of a personal identification certificate
  [card] issued by the Department of Public Safety or the Texas
  Department of Motor Vehicles, as applicable;
               (4)  an indication that an applicant is interested in
  working as an election judge; or
               (5)  the residence address of the applicant, if the
  applicant is a federal judge or state judge, as defined by Section
  13.0021, and included an affidavit with the registration
  application under Section 13.0021 or the registrar has received an
  affidavit submitted under Section 15.0215.
         SECTION 5D.03.  Section 13.072(a), Election Code, is amended
  to read as follows:
         (a)  Unless the registrar challenges the applicant, the
  registrar shall approve the application if:
               (1)  the registrar determines that an application
  complies with Section 13.002 and indicates that the applicant is
  eligible for registration; and
               (2)  for an applicant who has not included a statement
  described by Section 13.002(c)(8) [13.002(c)(8)(C)], the registrar
  verifies with the secretary of state:
                     (A)  the applicant's Texas driver's license number
  or number of a personal identification certificate [card] issued by
  the Department of Public Safety or the Texas Department of Motor
  Vehicles, as applicable; or
                     (B)  the last four digits of the applicant's
  social security number.
         SECTION 5D.04.  Section 13.122(a), Election Code, is amended
  to read as follows:
         (a)  In addition to the other statements and spaces for
  entering information that appear on an officially prescribed
  registration application form, each official form must include:
               (1)  the statement:  "I understand that giving false
  information to procure a voter registration is perjury and a crime
  under state and federal law.";
               (2)  a space for the applicant's registration number;
               (3)  a space for the applicant's Texas driver's license
  number or number of a personal identification certificate [card]
  issued by the Department of Public Safety or the Texas Department of
  Motor Vehicles, as applicable;
               (4)  a space for the applicant's telephone number;
               (5)  a space for the applicant's social security
  number;
               (6)  a space for the applicant's sex;
               (7)  a statement indicating that the furnishing of the
  applicant's telephone number and sex is optional;
               (8)  a space or box for indicating whether the
  applicant or voter is submitting new registration information or a
  change in current registration information;
               (9)  a statement instructing a voter who is using the
  form to make a change in current registration information to enter
  the voter's name and the changed information in the appropriate
  spaces on the form;
               (10)  a statement that if the applicant declines to
  register to vote, that fact will remain confidential and will be
  used only for voter registration purposes;
               (11)  a statement that if the applicant does register
  to vote, information regarding the agency or office to which the
  application is submitted will remain confidential and will be used
  only for voter registration purposes;
               (12)  a space or box for indicating whether the
  applicant is interested in working as an election judge;
               (13)  a statement warning that a conviction for making
  a false statement may result in imprisonment for up to the maximum
  amount of time provided by law, a fine of up to the maximum amount
  provided by law, or both the imprisonment and the fine; and
               (14)  any other voter registration information
  required by federal law or considered appropriate and required by
  the secretary of state.
         SECTION 5D.05.  Section 16.031(a), Election Code, is amended
  to read as follows:
         (a)  The registrar shall cancel a voter's registration
  immediately on receipt of:
               (1)  notice under Section 13.072(b) or 15.021 or a
  response under Section 15.053 that the voter's residence is outside
  the county;
               (2)  an abstract of the voter's death certificate under
  Section 16.001(a) or an abstract of an application indicating that
  the voter is deceased under Section 16.001(b);
               (3)  an abstract of a final judgment of the voter's
  total mental incapacity, partial mental incapacity without the
  right to vote, conviction of a felony, or disqualification under
  Section 16.002, 16.003, or 16.004;
               (4)  notice under Section 112.012 that the voter has
  applied for a limited ballot in another county;
               (5)  notice from a voter registration official in
  another state that the voter has registered to vote outside this
  state; or
               (6)  notice from the secretary of state that the voter
  has registered to vote in another county, as determined by the
  voter's driver's license number or personal identification
  certificate [card] number issued by the Department of Public Safety
  or the Texas Department of Motor Vehicles, as applicable, or social
  security number.
         SECTION 5D.06.  The heading to Subchapter C, Chapter 20,
  Election Code, is amended to read as follows:
  SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
         SECTION 5D.07.  Section 20.061, Election Code, is amended to
  read as follows:
         Sec. 20.061.  APPLICABILITY OF OTHER PROVISIONS. The other
  provisions of this chapter apply to the Texas Department of Motor
  Vehicles [Public Safety] except provisions that conflict with this
  subchapter.
         SECTION 5D.08.  Section 20.062(a), Election Code, is amended
  to read as follows:
         (a)  The Texas Department of Motor Vehicles [Public Safety]
  shall prescribe and use a form and procedure that combines the
  department's application form for a license or certificate [card]
  with an officially prescribed voter registration application form.
         SECTION 5D.09.  Section 20.063(a), Election Code, is amended
  to read as follows:
         (a)  The Texas Department of Motor Vehicles [Public Safety]
  shall provide to each person who applies in person at the
  department's offices for an original or renewal of a driver's
  license, a personal identification certificate [card], or a
  duplicate or corrected license or certificate [card] an opportunity
  to complete a voter registration application form.
         SECTION 5D.10.  Section 20.064, Election Code, is amended to
  read as follows:
         Sec. 20.064.  DECLINATION FORM NOT REQUIRED. The Texas
  Department of Motor Vehicles [Public Safety] is not required to
  comply with the procedures prescribed by this chapter relating to
  the form for a declination of voter registration.
         SECTION 5D.11.  Section 20.065(a), Election Code, is amended
  to read as follows:
         (a)  At the end of each day a Texas Department of Motor
  Vehicles [Public Safety] office is regularly open for business, the
  manager of the office shall deliver by mail or in person to the
  voter registrar of the county in which the office is located each
  completed voter registration application and applicable change of
  address submitted to a department employee.
         SECTION 5D.12.  Section 20.066(a), Election Code, is amended
  to read as follows:
         (a)  If a person completes a voter registration application
  as provided by Section 20.063, the Texas Department of Motor
  Vehicles [Public Safety] shall:
               (1)  input the information provided on the application
  into the department's electronic data system; and
               (2)  inform the applicant that the applicant's
  electronic signature provided to the department will be used for
  submitting the applicant's voter registration application.
         SECTION 5D.13.  Section 63.0101, Election Code, is amended
  to read as follows:
         Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.
  The following documentation is acceptable as proof of
  identification under this chapter:
               (1)  a driver's license or personal identification
  certificate [card] issued to the person by the Department of Public
  Safety or the Texas Department of Motor Vehicles, as applicable, or
  a similar document issued to the person by an agency of another
  state, regardless of whether the license or certificate [card] has
  expired;
               (2)  a form of identification containing the person's
  photograph that establishes the person's identity;
               (3)  a birth certificate or other document confirming
  birth that is admissible in a court of law and establishes the
  person's identity;
               (4)  United States citizenship papers issued to the
  person;
               (5)  a United States passport issued to the person;
               (6)  official mail addressed to the person by name from
  a governmental entity;
               (7)  a copy of a current utility bill, bank statement,
  government check, paycheck, or other government document that shows
  the name and address of the voter; or
               (8)  any other form of identification prescribed by the
  secretary of state.
         SECTION 5D.14.  Section 65.060, Election Code, is amended to
  read as follows:
         Sec. 65.060.  DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
  LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
  AFFIDAVIT. A social security number, Texas driver's license
  number, or number of a personal identification certificate [card]
  issued by the Department of Public Safety or the Texas Department of
  Motor Vehicles, as applicable, furnished on a provisional ballot
  affidavit is confidential and does not constitute public
  information for purposes of Chapter 552, Government Code.  The
  general custodian of election records shall ensure that a social
  security number, Texas driver's license number, or number of a
  personal identification certificate [card] issued by the
  Department of Public Safety or the Texas Department of Motor
  Vehicles, as applicable, is excluded from disclosure.
  PART E.  FAMILY CODE
         SECTION 5E.01.  Sections 54.042(a), (b), (f), and (g),
  Family Code, are amended to read as follows:
         (a)  A juvenile court, in a disposition hearing under Section
  54.04, shall:
               (1)  order the Texas Department of Motor Vehicles
  [Public Safety] to suspend a child's driver's license or permit, or
  if the child does not have a license or permit, to deny the issuance
  of a license or permit to the child if the court finds that the child
  has engaged in conduct that violates a law of this state enumerated
  in Section 521.342(a), Transportation Code; or
               (2)  notify the Texas Department of Motor Vehicles
  [Public Safety] of the adjudication, if the court finds that the
  child has engaged in conduct that violates a law of this state
  enumerated in Section 521.372(a), Transportation Code.
         (b)  A juvenile court, in a disposition hearing under Section
  54.04, may order the Texas Department of Motor Vehicles [Public
  Safety] to suspend a child's driver's license or permit or, if the
  child does not have a license or permit, to deny the issuance of a
  license or permit to the child, if the court finds that the child
  has engaged in conduct that violates Section 28.08, Penal Code.
         (f)  A juvenile court, in a disposition hearing under Section
  54.04, may order the Texas Department of Motor Vehicles [Public
  Safety] to suspend a child's driver's license or permit or, if the
  child does not have a license or permit, to deny the issuance of a
  license or permit to the child for a period not to exceed 12 months
  if the court finds that the child has engaged in conduct in need of
  supervision or delinquent conduct other than the conduct described
  by Subsection (a).
         (g)  A juvenile court that places a child on probation under
  Section 54.04 may require as a reasonable condition of the
  probation that if the child violates the probation, the court may
  order the Texas Department of Motor Vehicles [Public Safety] to
  suspend the child's driver's license or permit or, if the child does
  not have a license or permit, to deny the issuance of a license or
  permit to the child for a period not to exceed 12 months. The court
  may make this order if a child that is on probation under this
  condition violates the probation. A suspension under this
  subsection is cumulative of any other suspension under this
  section.
         SECTION 5E.02.  Section 54.0481(c), Family Code, as added by
  Chapter 908 (H.B. 2884), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (c)  On or before the fifth anniversary of the date the
  juvenile probation department receives a payment for a victim that
  is not claimed by the victim, the department shall make and document
  a good faith effort to locate and notify the victim that an
  unclaimed payment exists, including:
               (1)  confirming, if possible, the victim's most recent
  address with the Texas Department of Motor Vehicles [Public
  Safety]; and
               (2)  making at least one additional certified mailing
  to the victim.
         SECTION 5E.03.  Sections 203.007(b) and (g), Family Code,
  are amended to read as follows:
         (b)  A domestic relations office is entitled to obtain from
  the Department of Public Safety or the Texas Department of Motor
  Vehicles, as applicable, records that relate to:
               (1)  a person's date of birth;
               (2)  a person's most recent address;
               (3)  a person's current driver's license status;
               (4)  motor vehicle accidents involving a person;
               (5)  reported traffic-law violations of which a person
  has been convicted; and
               (6)  a person's criminal history record information.
         (g)  The Department of Public Safety, the Texas Department of
  Motor Vehicles, the Texas Workforce Commission, or the office of
  the secretary of state may charge a domestic relations office a fee
  not to exceed the charge paid by the Title IV-D agency for
  furnishing records under this section.
         SECTION 5E.04.  Section 232.014(b), Family Code, is amended
  to read as follows:
         (b)  A fee collected by the Texas Department of
  Transportation, [or] the Department of Public Safety, or the Texas
  Department of Motor Vehicles shall be deposited to the credit of the
  state highway fund.
  PART F.  FINANCE CODE
         SECTION 5F.01.  Section 277.002(a), Finance Code, is amended
  to read as follows:
         (a)  A financial institution shall require, as a condition of
  opening or maintaining a business checking account, that the
  applicant or account holder provide:
               (1)  if the business is a sole proprietorship:
                     (A)  the name of the business owner;
                     (B)  the physical address of the business;
                     (C)  the home address of the business owner; and
                     (D)  the driver's license number of the business
  owner or the personal identification certificate [card] number
  issued to the business owner by the Department of Public Safety or
  the Texas Department of Motor Vehicles, as applicable; or
               (2)  if the business is a corporation or other legal
  entity, a copy of the business's certificate of incorporation or a
  comparable document and an assumed name certificate, if any.
  PART G.  HEALTH AND SAFETY CODE
         SECTION 5G.01.  Section 12.013(b), Health and Safety Code,
  is amended to read as follows:
         (b)  Based on the studies and investigations, the department
  periodically shall recommend to the Texas Department of Motor
  Vehicles [Public Safety] appropriate policies, standards, and
  procedures relating to those medical aspects.
         SECTION 5G.02.  Section 12.092(b), Health and Safety Code,
  is amended to read as follows:
         (b)  The medical advisory board shall assist the Texas
  Department of Motor Vehicles [Public Safety of the State of Texas]
  in determining whether:
               (1)  an applicant for a driver's license or a license
  holder is capable of safely operating a motor vehicle; or
               (2)  an applicant for or holder of a license to carry a
  concealed handgun under the authority of Subchapter H, Chapter 411,
  Government Code, is capable of exercising sound judgment with
  respect to the proper use and storage of a handgun.
         SECTION 5G.03.  Sections 12.095(a) and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  If the Texas Department of Motor Vehicles [Public Safety
  of the State of Texas] requests an opinion or recommendation from
  the medical advisory board as to the ability of an applicant or
  license holder to operate a motor vehicle safely or to exercise
  sound judgment with respect to the proper use and storage of a
  handgun, the commissioner or a person designated by the
  commissioner shall convene a panel to consider the case or question
  submitted by that department.
         (c)  Each panel member shall prepare an individual
  independent written report for the Texas Department of Motor
  Vehicles [Public Safety of the State of Texas] that states the
  member's opinion as to the ability of the applicant or license
  holder to operate a motor vehicle safely or to exercise sound
  judgment with respect to the proper use and storage of a handgun, as
  appropriate. In the report the panel member may also make
  recommendations relating to that department's subsequent action.
         SECTION 5G.04.  Section 12.096(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A physician licensed to practice medicine in this state
  may inform the Texas Department of Motor Vehicles [Public Safety of
  the State of Texas] or the medical advisory board, orally or in
  writing, of the name, date of birth, and address of a patient older
  than 15 years of age whom the physician has diagnosed as having a
  disorder or disability specified in a rule of the Texas Department
  of Motor Vehicles [Public Safety of the State of Texas].
         SECTION 5G.05.  Section 12.097, Health and Safety Code, is
  amended to read as follows:
         Sec. 12.097.  CONFIDENTIALITY REQUIREMENTS. (a)  All
  records, reports, and testimony relating to the medical condition
  of an applicant or license holder:
               (1)  are for the confidential use of the medical
  advisory board, a panel, or the Texas Department of Motor Vehicles
  [Public Safety of the State of Texas];
               (2)  are privileged information; and
               (3)  may not be disclosed to any person or used as
  evidence in a trial except as provided by Subsection (b).
         (b)  In a subsequent proceeding under Subchapter N, Chapter
  521, Transportation Code, the medical standards division may
  provide a copy of the report of the medical advisory board or panel
  and a medical record or report relating to an applicant or license
  holder to:
               (1)  the Texas Department of Motor Vehicles [Public
  Safety of the State of Texas];
               (2)  the applicant or license holder; and
               (3)  the officer who presides at the hearing.
         SECTION 5G.06.  Sections 49.002(a), (c), (d), (e), (f), (g),
  (h), and (m), Health and Safety Code, are amended to read as
  follows:
         (a)  In consultation with the Texas Department of Motor
  Vehicles [Public Safety] and organ procurement organizations, the
  department shall establish the Donor Education, Awareness, and
  Registry Program of Texas.
         (c)  The Texas Department of Motor Vehicles [Public Safety]
  at least monthly shall electronically transfer to the organization
  selected by the commissioner as provided by Subsection (b) the
  name, date of birth, driver's license number, most recent address,
  and any other relevant information in the possession of the Texas
  Department of Motor Vehicles [Public Safety] for any person who
  indicates on the person's driver's license application under
  Section 521.401, Transportation Code, that the person would like to
  make an anatomical gift and consents in writing to the release of
  the information by the Texas Department of Motor Vehicles [Public
  Safety] to the organization for inclusion in the statewide
  Internet-based registry of organ, tissue, and eye donors.
         (d)  The contract between the department and the
  organization selected by the commissioner as provided by Subsection
  (b) must require the organization to:
               (1)  make information obtained from the Texas
  Department of Motor Vehicles [Public Safety] under Subsection (c)
  available to qualified organ, tissue, and eye bank organizations;
               (2)  allow potential donors to submit information in
  writing directly to the organization for inclusion in the statewide
  Internet-based registry of organ, tissue, and eye donors;
               (3)  maintain the statewide Internet-based registry of
  organ, tissue, and eye donors in a manner that allows qualified
  organ, tissue, and eye bank organizations to immediately access
  organ, tissue, and eye donation information 24 hours a day, seven
  days a week, through electronic and telephonic methods; and
               (4)  protect the confidentiality and privacy of the
  individuals providing information to the statewide Internet-based
  registry, regardless of the manner in which the information is
  provided.
         (e)  Except as otherwise provided by Subsection (d)(3) or
  this subsection, the Texas Department of Motor Vehicles [Public
  Safety], the organization selected by the commissioner under
  Subsection (b), or a qualified organ, tissue, and eye bank
  organization may not sell, rent, or otherwise share any information
  provided to the registry.  A qualified organ, tissue, and eye bank
  organization may share any information provided to the registry
  with an organ procurement organization or a health care provider or
  facility providing medical care to a potential donor as necessary
  to properly identify an individual at the time of donation.
         (f)  The Texas Department of Motor Vehicles [Public Safety],
  the organization selected by the commissioner under Subsection (b),
  or the qualified organ, tissue, and eye bank organizations may not
  use any demographic or specific data provided to the registry for
  any fund-raising activities.  Data may only be transmitted from the
  selected organization to qualified organ, tissue, and eye bank
  organizations through electronic and telephonic methods using
  secure, encrypted technology to preserve the integrity of the data
  and the privacy of the individuals providing information.
         (g)  In each office authorized to issue driver's licenses or
  personal identification certificates, the Texas Department of
  Motor Vehicles [Public Safety] shall make available educational
  materials developed by the Texas Organ, Tissue, and Eye Donor
  Council established under Chapter 113.
         (h)  The Texas Department of Motor Vehicles [Public Safety]
  shall remit to the comptroller the money collected under Sections
  521.421(g) and 521.422(c), Transportation Code, as provided by
  those subsections.  A county assessor-collector shall remit to the
  comptroller any money collected under Section 502.1745,
  Transportation Code, as provided by that section.  Money remitted
  to the comptroller in accordance with this subsection that is
  appropriated to the department must be spent in accordance with the
  priorities established by the department in consultation with the
  Texas Organ, Tissue, and Eye Donor Council to pay the costs of:
               (1)  maintaining, operating, and updating the
  statewide Internet-based donor registry and establishing
  procedures for an individual to be added to the registry; and
               (2)  designing and distributing education materials
  for prospective donors as required under this section.
         (m)  In consultation with the Texas Organ, Tissue, and Eye
  Donor Council, the department may implement a training program for
  all appropriate Texas Department of Motor Vehicles [Public Safety]
  and Texas Department of Transportation employees on the benefits of
  organ, tissue, and eye donation and the procedures for individuals
  to be added to the statewide Internet-based registry of organ,
  tissue, and eye donors.  The department shall implement the
  training program before the date that the statewide Internet-based
  registry is operational and shall conduct the training on an
  ongoing basis for new employees.
         SECTION 5G.07.  Section 81.011, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.011.  REQUEST FOR INFORMATION. In times of
  emergency or epidemic declared by the commissioner, the department
  is authorized to request information pertaining to names, dates of
  birth, and most recent addresses of individuals from the driver's
  license records of the Texas Department of Motor Vehicles [Public
  Safety] for the purpose of notification to individuals of the need
  to receive certain immunizations or diagnostic, evaluation, or
  treatment services for suspected communicable diseases.
         SECTION 5G.08.  Section 113.051(a), Health and Safety Code,
  as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
  Regular Session, 2005, is amended to read as follows:
         (a)  The council is composed of:
               (1)  a representative of the department appointed by
  the commissioner;
               (2)  a representative of the Texas Department of Motor
  Vehicles [Public Safety] appointed by the commissioner of motor
  vehicles [public safety director];
               (3)  a representative of the Texas Department of
  Transportation appointed by the executive director of that agency;
               (4)  five professional members appointed by the
  commissioner as follows:
                     (A)  one representative from each of the state's
  three federally qualified organ procurement organizations
  nominated by each organization;
                     (B)  one representative who is a transplant
  physician or nurse licensed in this state; and
                     (C)  one representative of an acute care hospital
  in this state; and
               (5)  two public members appointed by the commissioner.
         SECTION 5G.09.  Section 113.101, Health and Safety Code, as
  added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
  Regular Session, 2005, is amended to read as follows:
         Sec. 113.101.  GENERAL DUTIES.  The council as required by
  the department shall:
               (1)  advise the department concerning the Donor
  Education, Awareness, and Registry Program of Texas established
  under Chapter 49;
               (2)  advise the department on priorities for the
  initiatives to be implemented under the Donor Education, Awareness,
  and Registry Program of Texas established under Chapter 49;
               (3)  advise the department regarding donor education,
  awareness, and registry outreach specifically targeted at African
  American and Hispanic populations;
               (4)  advise the commissioner, commissioner of motor
  vehicles [public safety director], and director of the Texas
  Department of Transportation on the allocation of money received by
  the comptroller for the activities authorized under Chapter 49; and
               (5)  advise the department, the Texas Department of
  Motor Vehicles [Public Safety], and the Texas Department of
  Transportation regarding necessary performance standards and
  quality control measures concerning the operation of the statewide
  Internet-based donor registry, as well as related donor educational
  programs.
         SECTION 5G.10.  Sections 382.0622(a) and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  Clean Air Act fees consist of:
               (1)  fees collected by the commission under Sections
  382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
  by law; and
               (2)  $2 of each advance payment collected by the Texas 
  Department of Motor Vehicles [Public Safety] for inspection
  certificates for vehicles other than mopeds under Section 548.501,
  Transportation Code.
         (c)  The commission shall request the appropriation of
  sufficient money to safeguard the air resources of the state,
  including payments to the commissioner of motor vehicles [Public
  Safety Commission] for incidental costs of administering the
  vehicle emissions inspection and maintenance program, except that
  after the date of delegation of the state's permitting program
  under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661
  et seq.), fees collected under Section 382.0621(a) may be
  appropriated only to cover costs of developing and administering
  the federal permit program under Titles IV and V of the federal
  Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
         SECTION 5G.11.  Sections 382.202(a) and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  The commission by resolution may request the
  commissioner of motor vehicles [Public Safety Commission] to
  establish a vehicle emissions inspection and maintenance program
  under Subchapter F, Chapter 548, Transportation Code, in accordance
  with this section and rules adopted under this section. The
  commission by rule may establish, implement, and administer a
  program requiring emissions-related inspections of motor vehicles
  to be performed at inspection facilities consistent with the
  requirements of the federal Clean Air Act (42 U.S.C. Section 7401 et
  seq.) and its subsequent amendments.
         (d)  On adoption of a resolution by the commission and after
  proper notice, the Texas Department of Motor Vehicles [Public
  Safety of the State of Texas] shall implement a system that
  requires, as a condition of obtaining a safety inspection
  certificate issued under Subchapter C, Chapter 548, Transportation
  Code, in a county that is included in a vehicle emissions inspection
  and maintenance program under Subchapter F of that chapter, that
  the vehicle, unless the vehicle is not covered by the system, be
  annually or biennially inspected under the vehicle emissions
  inspection and maintenance program as required by the state's air
  quality state implementation plan. The Texas Department of Motor
  Vehicles [Public Safety] shall implement such a system when it is
  required by any provision of federal or state law, including any
  provision of the state's air quality state implementation plan.
         SECTION 5G.12.  Section 382.203(c), Health and Safety Code,
  is amended to read as follows:
         (c)  The Texas Department of Motor Vehicles [Public Safety of
  the State of Texas] by rule may waive program requirements, in
  accordance with standards adopted by the commission, for certain
  vehicles and vehicle owners, including:
               (1)  the registered owner of a vehicle who cannot
  afford to comply with the program, based on reasonable income
  standards;
               (2)  a vehicle that cannot be brought into compliance
  with emissions standards by performing repairs;
               (3)  a vehicle:
                     (A)  on which at least $100 has been spent to bring
  the vehicle into compliance; and
                     (B)  that the department:
                           (i)  can verify was driven fewer than 5,000
  miles since the last safety inspection; and
                           (ii)  reasonably determines will be driven
  fewer than 5,000 miles during the period before the next safety
  inspection is required; and
               (4)  a vehicle for which parts are not readily
  available.
         SECTION 5G.13.  Section 382.204(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The commission and the Texas Department of Motor
  Vehicles [Public Safety of the State of Texas] jointly shall
  develop a program component for enforcing vehicle emissions testing
  and standards by use of remote or automatic emissions detection and
  analysis equipment.
         SECTION 5G.14.  Sections 382.205(c), (d), (e), and (g),
  Health and Safety Code, are amended to read as follows:
         (c)  In consultation with the Texas Department of Motor
  Vehicles [Public Safety of the State of Texas], the commission may
  contract with one or more private entities to provide testing
  equipment, training, and related services to inspection stations in
  exchange for part of the testing fee. A contract under this
  subsection may apply to one specified area of the state or to the
  entire state. The commission at least once during each year shall
  review each contract entered into under this subsection to
  determine whether the contracting entity is performing
  satisfactorily under the terms of the contract. Immediately after
  completing the review, the commission shall prepare a report
  summarizing the review and send a copy of the report to the speaker
  of the house of representatives, the lieutenant governor, and the
  governor.
         (d)  The Texas Department of Motor Vehicles [Public Safety of
  the State of Texas] by rule shall adopt:
               (1)  testing procedures in accordance with motor
  vehicle emissions testing equipment specifications; and
               (2)  procedures for issuing or denying an emissions
  inspection certificate.
         (e)  The commission and the Texas Department of Motor
  Vehicles [Public Safety of the State of Texas] by joint rule may
  adopt procedures to encourage a stable private market for providing
  emissions testing to the public in all areas of an affected county,
  including:
               (1)  allowing facilities to perform one or more types
  of emissions tests; and
               (2)  any other measure the commission and the Texas
  Department of Motor Vehicles [Public Safety] consider appropriate.
         (g)  Subject to Subsection (h), the commission and the Texas
  Department of Motor Vehicles [Public Safety of the State of Texas]
  by rule may allow alternative vehicle emissions testing if:
               (1)  the technology provides accurate and reliable
  results;
               (2)  the technology is widely and readily available to
  persons interested in performing alternative vehicle emissions
  testing; and
               (3)  the use of alternative testing is not likely to
  substantially affect federal approval of the state's air quality
  state implementation plan.
         SECTION 5G.15.  Section 382.206(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The commission and the Texas Department of Motor
  Vehicles [Public Safety of the State of Texas] may collect
  inspection and maintenance information derived from the emissions
  inspection and maintenance program, including:
               (1)  inspection results;
               (2)  inspection station information;
               (3)  information regarding vehicles operated on
  federal facilities;
               (4)  vehicle registration information; and
               (5)  other data the United States Environmental
  Protection Agency requires.
         SECTION 5G.16.  Sections 382.207(a), (b), (d), and (e),
  Health and Safety Code, are amended to read as follows:
         (a)  The Texas Department of Motor Vehicles [Public Safety of
  the State of Texas] by rule shall adopt standards and procedures for
  establishing vehicle emissions inspection stations authorized and
  licensed by the state.
         (b)  A vehicle emissions inspection may be performed at a
  decentralized independent inspection station or at a centralized
  inspection facility operated or licensed by the state. In
  developing the program for vehicle emissions inspections, the Texas
  Department of Motor Vehicles [Public Safety] shall make all
  reasonable efforts to preserve the present decentralized system.
         (d)  The Texas Department of Motor Vehicles [Public Safety]
  may authorize enforcement personnel or other individuals to remove,
  disconnect, adjust, or make inoperable vehicle emissions control
  equipment, devices, or systems and to operate a vehicle in the
  tampered condition in order to perform a quality control audit of an
  inspection station or other quality control activities as necessary
  to assess and ensure the effectiveness of the vehicle emissions
  inspection and maintenance program.
         (e)  The Texas Department of Motor Vehicles [Public Safety]
  shall develop a challenge station program to provide for the
  reinspection of a motor vehicle at the option of the owner of the
  vehicle to ensure quality control of a vehicle emissions inspection
  and maintenance system.
         SECTION 5G.17.  Sections 382.209(a), (d), (e), and (i),
  Health and Safety Code, are amended to read as follows:
         (a)  The commission and the commissioner of motor vehicles
  [Public Safety Commission] by joint rule shall establish and
  authorize the commissioners court of a participating county to
  implement a low-income vehicle repair assistance, retrofit, and
  accelerated vehicle retirement program subject to agency oversight
  that may include reasonable periodic commission audits.
         (d)  Subject to the availability of funds, a low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program established under this section shall provide
  monetary or other compensatory assistance for:
               (1)  repairs directly related to bringing certain
  vehicles that have failed a required emissions test into compliance
  with emissions requirements;
               (2)  a replacement vehicle or replacement assistance
  for a vehicle that has failed a required emissions test and for
  which the cost of repairs needed to bring the vehicle into
  compliance is uneconomical; and
               (3)  installing retrofit equipment on vehicles that
  have failed a required emissions test, if practically and
  economically feasible, in lieu of or in combination with repairs
  performed under Subdivision (1). The commission and the Texas
  Department of Motor Vehicles [Public Safety of the State of Texas]
  shall establish standards and specifications for retrofit
  equipment that may be used under this section.
         (e)  A vehicle is not eligible to participate in a low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program established under this section unless:
               (1)  the vehicle is capable of being operated;
               (2)  the registration of the vehicle:
                     (A)  is current; and
                     (B)  reflects that the vehicle has been registered
  in the county implementing the program for the 12 months preceding
  the application for participation in the program;
               (3)  the commissioners court of the county
  administering the program determines that the vehicle meets the
  eligibility criteria adopted by the commission, the Texas
  Department of Transportation, and the commissioner of motor
  vehicles [Public Safety Commission];
               (4)  if the vehicle is to be repaired, the repair is
  done by a repair facility recognized by the Texas Department of
  Motor Vehicles [Public Safety], which may be an independent or
  private entity licensed by the state; and
               (5)  if the vehicle is to be retired under this
  subsection and Section 382.213, the replacement vehicle is a
  qualifying motor vehicle.
         (i)  Notwithstanding the vehicle replacement requirements
  provided by Subsection (d)(2), the commission by rule may provide
  monetary or other compensatory assistance under the low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program, subject to the availability of funds, for the
  replacement of a vehicle that meets the following criteria:
               (1)  the vehicle is gasoline-powered and is at least 10
  years old;
               (2)  the vehicle owner meets applicable financial
  eligibility criteria;
               (3)  the vehicle meets the requirements provided by
  Subsections (e)(1) and (2); and
               (4)  the vehicle has passed a Texas Department of Motor
  Vehicles [Public Safety] motor vehicle safety inspection or safety
  and emissions inspection within the 15-month period before the
  application is submitted.
         SECTION 5G.18.  Section 382.216, Health and Safety Code, is
  amended to read as follows:
         Sec. 382.216.  INCENTIVES FOR VOLUNTARY PARTICIPATION IN
  VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM.  The
  commission, the Texas Department of Transportation, and the
  commissioner of motor vehicles [Public Safety Commission] may,
  subject to federal limitations:
               (1)  encourage counties likely to exceed federal clean
  air standards to implement voluntary:
                     (A)  motor vehicle emissions inspection and
  maintenance programs; and
                     (B)  low-income vehicle repair assistance,
  retrofit, and accelerated vehicle retirement programs;
               (2)  establish incentives for counties to voluntarily
  implement motor vehicle emissions inspection and maintenance
  programs and low-income vehicle repair assistance, retrofit, and
  accelerated vehicle retirement programs; and
               (3)  designate a county that voluntarily implements a
  motor vehicle emissions inspection and maintenance program or a
  low-income vehicle repair assistance, retrofit, and accelerated
  vehicle retirement program as a "Clean Air County" and give
  preference to a county designated as a Clean Air County in any
  federal or state clean air grant program.
         SECTION 5G.19.  Section 485.032(c), Health and Safety Code,
  is amended to read as follows:
         (c)  It is an affirmative defense to prosecution under this
  section that:
               (1)  the person making the delivery is an adult having
  supervisory responsibility over the person younger than 18 years of
  age and:
                     (A)  the adult permits the use of the abusable
  volatile chemical only under the adult's direct supervision and in
  the adult's presence and only for its intended purpose; and
                     (B)  the adult removes the chemical from the
  person younger than 18 years of age on completion of that use; or
               (2)  the person to whom the abusable volatile chemical
  was delivered presented to the defendant an apparently valid Texas
  driver's license or an identification certificate, issued by the
  Department of Public Safety of the State of Texas or the Texas
  Department of Motor Vehicles, as applicable, and containing a
  physical description consistent with the person's appearance, that
  purported to establish that the person was 18 years of age or older.
         SECTION 5G.20.  Section 758.001(2), Health and Safety Code,
  is amended to read as follows:
               (2)  "Department" means the Texas Department of Motor
  Vehicles [Public Safety].
         SECTION 5G.21.  Sections 780.002(a) and (b), Health and
  Safety Code, are amended to read as follows:
         (a)  On the first Monday of each month, the Texas Department
  of Motor Vehicles [Public Safety] shall remit the surcharges
  collected during the previous month under the driver responsibility
  program operated by that department under Chapter 708,
  Transportation Code, to the comptroller.
         (b)  The comptroller shall deposit 49.5 percent of the money
  received under Subsection (a) to the credit of the account
  established under this chapter and 49.5 percent of the money to the
  general revenue fund. The remaining one percent of the amount of
  the surcharges shall be deposited to the general revenue fund and
  may be appropriated only to the Texas Department of Motor Vehicles
  [Public Safety] for administration of the driver responsibility
  program operated by that department under Chapter 708,
  Transportation Code.
         SECTION 5G.22.  Section 113.001(4), Health and Safety Code,
  as added by Chapter 1186 (H.B. 120), Acts of the 79th Legislature,
  Regular Session, 2005, is repealed.
  PART H.  HUMAN RESOURCES CODE
         SECTION 5H.01.  Section 23.002, Human Resources Code, is
  amended to read as follows:
         Sec. 23.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  In
  this chapter, "licensing authority" means:
               (1)  the Parks and Wildlife Department; and
               (2)  the Texas Department of Motor Vehicles [Public
  Safety of the State of Texas].
  PART I.  NATURAL RESOURCES CODE
         SECTION 5I.01.  Section 113.134, Natural Resources Code, is
  amended to read as follows:
         Sec. 113.134.  TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC
  SAFETY].  The Texas Department of Motor Vehicles [Public Safety]
  shall cooperate with the commission in the administration and
  enforcement of this chapter and the rules promulgated under this
  chapter to the extent that they are applicable to motor vehicles.
         SECTION 5I.02.  Section 116.074, Natural Resources Code, is
  amended to read as follows:
         Sec. 116.074.  COOPERATION OF THE TEXAS DEPARTMENT OF MOTOR
  VEHICLES [PUBLIC SAFETY]. The Texas Department of Motor Vehicles
  [Public Safety] shall cooperate with the commission in
  administering and enforcing this chapter and rules of the
  commission relating to regulation of motor vehicles required to be
  registered under this subchapter.
  PART J.  OCCUPATIONS CODE
         SECTION 5J.01.  Section 1805.052(b), Occupations Code, is
  amended to read as follows:
         (b)  Except as provided by Section 1805.053, a report
  required by this chapter must contain:
               (1)  the name and address of the seller of the business
  machine;
               (2)  a complete and accurate description of the
  business machine for which the report is made, including the serial
  number or other identifying marks or symbols;
               (3)  the seller's certification that the information is
  true and complete; and
               (4)  the seller's driver's license number or Department
  of Public Safety or Texas Department of Motor Vehicles, as
  applicable, identification certificate [card] number, as recorded
  by the dealer on physical presentation of the license or
  identification certificate [card] by the seller.
  PART K.  TAX CODE
         SECTION 5K.01.  Sections 11.43(f) and (m), Tax Code, are
  amended to read as follows:
         (f)  The comptroller, in prescribing the contents of the
  application form for each kind of exemption, shall ensure that the
  form requires an applicant to furnish the information necessary to
  determine the validity of the exemption claim. The form must
  require an applicant to provide the applicant's name and driver's
  license number, personal identification certificate number, or
  social security account number. The comptroller shall include on
  the forms a notice of the penalties prescribed by Section 37.10,
  Penal Code, for making or filing an application containing a false
  statement. The comptroller shall include, on application forms for
  exemptions that do not have to be claimed annually, a statement
  explaining that the application need not be made annually and that
  if the exemption is allowed, the applicant has a duty to notify the
  chief appraiser when the applicant's entitlement to the exemption
  ends. In this subsection:
               (1)  "Driver's license" has the meaning assigned that
  term by Section 521.001, Transportation Code.
               (2)  "Personal identification certificate" means a
  certificate issued by the Department of Public Safety or the Texas
  Department of Motor Vehicles, as applicable, under Subchapter E,
  Chapter 521, Transportation Code.
         (m)  Notwithstanding Subsections (a) and (k), a person who
  receives an exemption under Section 11.13, other than an exemption
  under Section 11.13(c) or (d) for an individual 65 years of age or
  older, in a tax year is entitled to receive an exemption under
  Section 11.13(c) or (d) for an individual 65 years of age or older
  in the next tax year on the same property without applying for the
  exemption if the person becomes 65 years of age in that next year as
  shown by:
               (1)  information in the records of the appraisal
  district that was provided to the appraisal district by the
  individual in an application for an exemption under Section 11.13
  on the property or in correspondence relating to the property; or
               (2)  the information provided by the Texas Department
  of Public Safety or the Texas Department of Motor Vehicles, as
  applicable, to the appraisal district under Section 521.049,
  Transportation Code.
  PART L.  VERNON'S TEXAS CIVIL STATUTES
         SECTION 5L.01.  Section 4, Chapter 232 (S.B. 839), Acts of
  the 67th Legislature, Regular Session, 1981 (Article 6419a,
  Vernon's Texas Civil Statutes), is amended to read as follows:
         Sec. 4.  RECORDS RELATING TO ACCIDENTS OR VIOLATIONS. If a
  person operating a railroad locomotive or train is involved in an
  accident with another train or a motor vehicle or is arrested for
  violation of a law relating to the person's operation of a
  locomotive or train, the number or other identifying information
  about the person's [operator's, commercial operator's, or
  chauffeur's] driver's license or commercial driver's license may
  not be included in any report of the accident or violation, and the
  person's involvement in the accident or violation may not be
  recorded in the person's individual driving record maintained by
  the Texas Department of Motor Vehicles [Public Safety].
         SECTION 5L.02.  Section 1, Chapter 466 (H.B. 1910), Acts of
  the 71st Legislature, Regular Session, 1989 (Article 6701j-2,
  Vernon's Texas Civil Statutes), is amended to read as follows:
         Sec. 1.  (a)  All driving safety courses approved by the
  Texas Department of Motor Vehicles [Public Safety] or by a court as
  authorized by law must include instruction on railroad and highway
  grade crossing safety.
         (b)  The Texas Department of Motor Vehicles [Public Safety]
  shall by rule provide minimum standards of course content relating
  to operation of vehicles at railroad and highway grade crossings.
  ARTICLE 6.  TRANSFERS OF CERTAIN POWERS, DUTIES,
  OBLIGATIONS, AND RIGHTS OF ACTION
         SECTION 6.01.  (a) All powers, duties, obligations, and
  rights of action of the Motor Vehicle Division of the Texas
  Department of Transportation are transferred to the Texas
  Department of Motor Vehicles, and all powers, duties, obligations,
  and rights of action of the Texas Transportation Commission in
  connection or associated with the Motor Vehicle Division of the
  Texas Department of Transportation are transferred to the
  commissioner of motor vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Motor Vehicle Division of the Texas Department of Transportation
  are transferred to the Texas Department of Motor Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Motor Vehicle Division of the Texas
  Department of Transportation that was brought before the effective
  date of this Act in accordance with the law in effect on the date the
  proceeding was brought, and the former law is continued in effect
  for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Motor Vehicle Division of the
  Texas Department of Transportation that is in effect on the
  effective date of this Act remains valid for the period for which it
  was issued unless suspended or revoked by the Texas Department of
  Motor Vehicles or the commissioner of motor vehicles, as
  applicable.
         (e)  A rule adopted by the Texas Transportation Commission or
  the director of the Texas Department of Transportation in
  connection with or relating to the Motor Vehicle Division of that
  department continues in effect until it is amended or repealed by
  the commissioner of motor vehicles or the Texas Department of Motor
  Vehicles, as applicable.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Texas Department of Transportation in
  connection with or relating to the Motor Vehicle Division of that
  department for the state fiscal biennium ending August 31, 2009, is
  transferred and reappropriated to the Texas Department of Motor
  Vehicles for the purpose of implementing the powers, duties,
  obligations, and rights of action transferred to that department
  under Subsection (a) of this section.
         SECTION 6.02.  (a) All powers, duties, obligations, and
  rights of action of the Vehicle Titles and Registration Division of
  the Texas Department of Transportation are transferred to the Texas
  Department of Motor Vehicles, and all powers, duties, obligations,
  and rights of action of the Texas Transportation Commission in
  connection or associated with the Vehicle Titles and Registration
  Division of the Texas Department of Transportation are transferred
  to the commissioner of motor vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Vehicle Titles and Registration Division of the Texas Department of
  Transportation are transferred to the Texas Department of Motor
  Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Vehicle Titles and Registration
  Division of the Texas Department of Transportation that was brought
  before the effective date of this Act in accordance with the law in
  effect on the date the proceeding was brought, and the former law is
  continued in effect for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Vehicle Titles and
  Registration Division of the Texas Department of Transportation
  that is in effect on the effective date of this Act remains valid
  for the period for which it was issued unless suspended or revoked
  by the Texas Department of Motor Vehicles or the commissioner of
  motor vehicles, as applicable.
         (e)  A rule adopted by the Texas Transportation Commission or
  the director of the Texas Department of Transportation in
  connection with or relating to the Vehicle Titles and Registration
  Division of that department continues in effect until it is amended
  or repealed by the commissioner of motor vehicles or the Texas
  Department of Motor Vehicles, as applicable.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Texas Department of Transportation in
  connection with or relating to the Vehicle Titles and Registration
  Division of that department for the state fiscal biennium ending
  August 31, 2009, is transferred and reappropriated to the Texas
  Department of Motor Vehicles for the purpose of implementing the
  powers, duties, obligations, and rights of action transferred to
  that department under Subsection (a) of this section.
         SECTION 6.03.  (a) All powers, duties, obligations, and
  rights of action of the Automobile Burglary and Theft Prevention
  Authority Office of the Texas Department of Transportation under
  Article 4413(37), Revised Statutes, are transferred to the Texas
  Department of Motor Vehicles, and all powers, duties, obligations,
  and rights of action of the Texas Transportation Commission in
  connection or associated with the Automobile Burglary and Theft
  Prevention Authority Office of the Texas Department of
  Transportation are transferred to the commissioner of motor
  vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Automobile Burglary and Theft Prevention Authority Office of the
  Texas Department of Transportation are transferred to the Texas
  Department of Motor Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Automobile Burglary and Theft
  Prevention Authority Office of the Texas Department of
  Transportation that was brought before the effective date of this
  Act in accordance with the law in effect on the date the proceeding
  was brought, and the former law is continued in effect for that
  purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Automobile Burglary and Theft
  Prevention Authority Office of the Texas Department of
  Transportation that is in effect on the effective date of this Act
  remains valid for the period for which it was issued unless
  suspended or revoked by the Texas Department of Motor Vehicles or
  the commissioner of motor vehicles, as applicable.
         (e)  A rule adopted by the Texas Transportation Commission or
  the director of the Texas Department of Transportation in
  connection with or relating to the Automobile Burglary and Theft
  Prevention Authority Office of that department continues in effect
  until it is amended or repealed by the commissioner of motor
  vehicles or the Texas Department of Motor Vehicles, as applicable.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Texas Department of Transportation in
  connection with or relating to the Automobile Burglary and Theft
  Prevention Authority Office of that department for the state fiscal
  biennium ending August 31, 2009, is transferred and reappropriated
  to the Texas Department of Motor Vehicles for the purpose of
  implementing the powers, duties, obligations, and rights of action
  transferred to that department under Subsection (a) of this
  section.
         SECTION 6.04.  (a) All powers, duties, obligations, and
  rights of action of the Traffic Operations Division of the Texas
  Department of Transportation related to the collection and analysis
  of traffic crash data are transferred to the Texas Department of
  Motor Vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Traffic Operations Division of the Texas Department of
  Transportation related to the collection and analysis of traffic
  crash data are transferred to the Texas Department of Motor
  Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Traffic Operations Division of the
  Texas Department of Transportation related to the collection and
  analysis of traffic crash data that was brought before the
  effective date of this Act in accordance with the law in effect on
  the date the proceeding was brought, and the former law is continued
  in effect for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Traffic Operations Division of
  the Texas Department of Transportation related to the collection
  and analysis of traffic crash data that is in effect on the
  effective date of this Act remains valid for the period for which it
  was issued unless suspended or revoked by the Texas Department of
  Motor Vehicles or the commissioner of motor vehicles, as
  applicable.
         (e)  A rule adopted by the Texas Transportation Commission or
  the director of the Texas Department of Transportation in
  connection with or relating to the Traffic Operations Division of
  that department related to the collection and analysis of traffic
  crash data continues in effect until it is amended or repealed by
  the commissioner of motor vehicles or the Texas Department of Motor
  Vehicles, as applicable.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Traffic Operations Division of the Texas
  Department of Transportation related to the collection and analysis
  of traffic crash data for the state fiscal biennium ending August
  31, 2009, is transferred and reappropriated to the Texas Department
  of Motor Vehicles for the purpose of implementing the powers,
  duties, obligations, and rights of action transferred to that
  department under Subsection (a) of this section.
         SECTION 6.05.  (a) All powers, duties, obligations, and
  rights of action of the Driver License Division of the Texas
  Department of Public Safety are transferred to the Texas Department
  of Motor Vehicles on the effective date of this Act, and all powers,
  duties, obligations, and rights of action of the Public Safety
  Commission in connection or associated with the Driver License
  Division of the Texas Department of Public Safety are transferred
  to the commissioner of motor vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the noncommissioned personnel, furniture,
  computers, other property and equipment, files, and related
  materials used by the Driver License Division of the Texas
  Department of Public Safety are transferred to the Texas Department
  of Motor Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Driver License Division of the Texas
  Department of Public Safety that was brought before the effective
  date of this Act in accordance with the law in effect on the date the
  proceeding was brought, and the former law is continued in effect
  for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Driver License Division of the
  Texas Department of Public Safety that is in effect on the effective
  date of this Act remains valid for the period for which it was
  issued unless suspended or revoked by the Texas Department of Motor
  Vehicles or the commissioner of motor vehicles, as applicable.
         (e)  A rule adopted by the Public Safety Commission, the
  Texas Department of Public Safety, or the public safety director in
  connection with or relating to the Driver License Division of that
  department continues in effect until it is amended or repealed by
  the commissioner of motor vehicles or the Texas Department of Motor
  Vehicles, as applicable.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Driver License Division of the Texas
  Department of Public Safety for the state fiscal biennium ending
  August 31, 2009, is transferred and reappropriated to the Texas
  Department of Motor Vehicles for the purpose of implementing the
  powers, duties, obligations, and rights of action transferred to
  that department under Subsection (a) of this section.
         SECTION 6.06.  (a) All powers, duties, obligations, and
  rights of action of the Vehicle Inspection Service of the Texas
  Department of Public Safety are transferred to the Texas Department
  of Motor Vehicles on the effective date of this Act, and all powers,
  duties, obligations, and rights of action of the Public Safety
  Commission in connection or associated with the Vehicle Inspection
  Service of the Texas Department of Public Safety are transferred to
  the commissioner of motor vehicles on November 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the noncommissioned personnel, furniture,
  computers, other property and equipment, files, and related
  materials used by the Vehicle Inspection Service of the Texas
  Department of Public Safety are transferred to the Texas Department
  of Motor Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Vehicle Inspection Service of the
  Texas Department of Public Safety that was brought before the
  effective date of this Act in accordance with the law in effect on
  the date the proceeding was brought, and the former law is continued
  in effect for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Vehicle Inspection Service of
  the Texas Department of Public Safety that is in effect on the
  effective date of this Act remains valid for the period for which it
  was issued unless suspended or revoked by the Texas Department of