|
|
|
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 |
|
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 Vehicle Inspection Service 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 Vehicle Inspection Service 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 6.07. Not later than October 31, 2009, the |
|
commissioner of motor vehicles shall enter into a memorandum of |
|
understanding with the Texas Department of Transportation to |
|
implement Sections 6.01-6.04 of this article. |
|
SECTION 6.08. Not later than October 31, 2009, the |
|
commissioner of motor vehicles shall enter into a memorandum of |
|
understanding with the Department of Public Safety of the State of |
|
Texas to implement Sections 6.05 and 6.06 of this article. |
|
ARTICLE 7. APPOINTMENT OF COMMISSIONER OF MOTOR VEHICLES |
|
SECTION 7.01. Not later than October 1, 2009, the governor |
|
shall appoint the commissioner of motor vehicles in accordance with |
|
Subchapter B, Chapter 1001, Transportation Code, as added by this |
|
Act. |
|
ARTICLE 8. EFFECTIVE DATE |
|
SECTION 8.01. This Act takes effect September 1, 2009. |