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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation, organization, duties, and functions of |
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the Texas Department of Motor Vehicles; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES |
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SECTION 1.01. Title 7, Transportation Code, is amended by |
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adding Subtitle M to read as follows: |
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SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES |
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CHAPTER 1001. ORGANIZATION OF DEPARTMENT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1001.001. DEFINITIONS. In this subtitle: |
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(1) "Board" means the board of the department. |
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(2) "Department" means the Texas Department of Motor |
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Vehicles. |
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Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The |
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department is created as an agency of this state. |
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(b) In addition to the other duties required of the Texas |
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Department of Motor Vehicles, the department shall administer and |
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enforce: |
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(1) Subtitle A; |
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(2) Chapters 642, 643, 645, 646, and 648; |
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(3) Chapter 2301, Occupations Code; and |
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(4) Article 4413(37), Revised Statutes. |
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Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department |
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is composed of an executive director appointed by the board and |
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other employees required to efficiently implement: |
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(1) this subtitle; |
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(2) other applicable vehicle laws of this state; and |
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(3) other laws that grant jurisdiction to or are |
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applicable to the department. |
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Sec. 1001.004. DIVISIONS. The board shall organize the |
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department into divisions to accomplish the department's functions |
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and the duties assigned to it, including divisions for: |
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(1) administration; |
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(2) automobile burglary and theft prevention; |
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(3) motor carriers; |
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(4) motor vehicle board; and |
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(5) vehicle titles and registration. |
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Sec. 1001.005. SUNSET PROVISION. The department is subject |
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to Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the department |
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is abolished September 1, 2015. |
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Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney |
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general shall defend an action brought against the board or the |
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department or an action brought against an employee of the |
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department as a result of the employee's official act or omission, |
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regardless of whether at the time of the institution of the action |
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that person has terminated service with the department. |
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[Sections 1001.007-1001.020 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES |
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Sec. 1001.021. BOARD. (a) The board consists of seven |
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members appointed by the governor with the advice and consent of the |
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senate. Appointments to the board shall be made without regard to |
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the race, color, disability, sex, religion, age, or national origin |
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of the appointees. |
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(b) Two members shall be appointed to represent motor |
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vehicle dealers; one member shall be appointed to represent county |
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tax assessor-collectors; one member shall be appointed to represent |
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the motor carrier industry; one member shall be appointed to |
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represent law enforcement agencies; and two members shall be |
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appointed to represent the general public. The member appointed to |
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represent law enforcement agencies may not be a state employee. |
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(c) A person may not be a public member of the board if the |
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person or the person's spouse: |
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(1) is registered, certified, or licensed by the |
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department; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money from the department; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving money from the department; |
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or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the department other than |
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compensation or reimbursement authorized by law for board |
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membership, attendance, or expenses. |
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Sec. 1001.022. TERMS. Members of the board serve staggered |
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six-year terms, with the terms of either one or two members expiring |
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February 1 of each odd-numbered year. |
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Sec. 1001.023. PRESIDING OFFICER OF BOARD. (a) The |
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governor shall designate a member of the board as the presiding |
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officer of the board to serve in that capacity at the pleasure of |
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the governor. |
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(b) The presiding officer shall: |
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(1) preside over board meetings, make rulings on |
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motions and points of order, and determine the order of business; |
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(2) represent the department in dealing with the |
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governor; |
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(3) report to the governor on the state of affairs of |
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the department at least quarterly; |
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(4) report to the board the governor's suggestions for |
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department operations; |
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(5) report to the governor on efforts, including |
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legislative requirements, to maximize the efficiency of department |
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operations through the use of private enterprise; |
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(6) periodically review the department's |
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organizational structure and submit recommendations for structural |
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changes to the governor, the board, and the Legislative Budget |
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Board; |
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(7) designate one or more employees of the department |
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as a civil rights division of the department and receive regular |
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reports from the division on the department's efforts to comply |
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with civil rights legislation and administrative rules; |
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(8) create subcommittees, appoint board members to |
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subcommittees, and receive the reports of subcommittees to the |
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board as a whole; |
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(9) appoint a member of the board to act in the chair's |
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absence; and |
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(10) serve as the departmental liaison with the |
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governor and the Office of State-Federal Relations to maximize |
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federal funding for transportation. |
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Sec. 1001.024. BOARD MEETINGS. The board shall hold |
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regular meetings at least once a month and special meetings at the |
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call of the presiding officer. Board members shall attend the |
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meetings of the board. The presiding officer shall oversee the |
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preparation of an agenda for each meeting and ensure that a copy is |
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provided to each board member at least seven days before the |
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meeting. |
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Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The |
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board shall consider ways in which the department's operations may |
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be improved and may periodically report to the legislature |
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concerning potential statutory changes that would improve the |
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operation of the department. |
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(b) On behalf of the board, the presiding officer shall |
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report to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the presiding officers of relevant |
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legislative committees on legislative recommendations adopted by |
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the board and relating to the operation of the department. |
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Sec. 1001.026. COMPENSATION. A member of the board is |
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entitled to compensation as provided by the General Appropriations |
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Act. If compensation for board members is not provided by that Act, |
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each member is entitled to reimbursement for actual and necessary |
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expenses incurred in performing functions as a member of the board. |
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Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the board that a board member: |
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(1) does not have at the time of taking office the |
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qualifications required by Section 1001.021; |
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(2) does not maintain during service on the board the |
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qualifications required by Section 1001.021; |
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(3) is ineligible for membership under Section |
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1001.021(c), 1007.002, or 1007.003; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled board meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority |
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vote of the board. |
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(b) The validity of an action of the board is not affected by |
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the fact that it is taken when a ground for removal of a board member |
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exists. |
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(c) If the executive director of the department has |
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knowledge that a potential ground for removal exists, the executive |
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director shall notify the presiding officer of the board of the |
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potential ground. The presiding officer shall then notify the |
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governor and the attorney general that a potential ground for |
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removal exists. If the potential ground for removal involves the |
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presiding officer, the executive director shall notify the next |
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highest ranking officer of the board, who shall then notify the |
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governor and the attorney general that a potential ground for |
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removal exists. |
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Sec. 1001.028. INFORMATION ON QUALIFICATIONS AND CONDUCT. |
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The department shall provide to the members of the board, as often |
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as necessary, information concerning the members' qualifications |
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for office and their responsibilities under applicable laws |
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relating to standards of conduct for state officers. |
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Sec. 1001.029. TRAINING ON DEPARTMENT AND CERTAIN LAWS |
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RELATING TO DEPARTMENT. (a) A person who is appointed to and |
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qualifies for office as a member of the board may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the department; |
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(2) the programs, functions, rules, and budget of the |
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department; |
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(3) the results of the most recent formal audit of the |
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department; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts-of-interest; and |
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(5) any applicable ethics policies adopted by the |
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department or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office. |
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Sec. 1001.030. TECHNOLOGICAL SOLUTIONS. The board shall |
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implement a policy requiring the department to use appropriate |
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technological solutions to improve the department's ability to |
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perform its functions. The policy must ensure that the public is |
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able to interact with the department on the Internet. |
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Sec. 1001.031. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION PROCEDURES. (a) The board shall develop and implement a |
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policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of department rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the department's |
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jurisdiction. |
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(b) The department's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The board shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the department. |
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[Sections 1001.032-1001.040 reserved for expansion] |
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SUBCHAPTER C. PERSONNEL |
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Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the |
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General Appropriations Act or other law, the executive director |
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shall appoint deputies, assistants, and other personnel as |
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necessary to carry out the powers and duties of the department under |
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this code, other applicable vehicle laws of this state, and other |
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laws granting jurisdiction or applicable to the department. |
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(b) A person appointed under this section must have the |
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professional and administrative experience necessary to qualify |
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the person for the position to which the person is appointed. |
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Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board |
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shall develop and implement policies that clearly separate the |
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policymaking responsibilities of the board and the management |
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responsibilities of the executive director and the staff of the |
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department. |
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Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY; |
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REPORT. (a) The executive director or the director's designee |
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shall prepare and maintain a written policy statement to ensure |
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implementation of a program of equal employment opportunity under |
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which all personnel transactions are made without regard to race, |
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color, disability, sex, religion, age, or national origin. The |
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policy statement must include: |
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(1) personnel policies, including policies relating |
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to recruitment, evaluation, selection, appointment, training, and |
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promotion of personnel that are in compliance with Chapter 21, |
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Labor Code; |
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(2) a comprehensive analysis of the department |
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workforce that meets federal and state guidelines; |
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(3) procedures by which a determination can be made of |
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significant underuse in the department workforce of all persons for |
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whom federal or state guidelines encourage a more equitable |
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balance; and |
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(4) reasonable methods to appropriately address those |
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areas of significant underuse. |
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(b) A policy statement prepared under this section must: |
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(1) cover an annual period; |
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(2) be updated annually; |
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(3) be reviewed by the civil rights division of the |
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Texas Workforce Commission for compliance with Subsection (a); and |
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(4) be filed with the governor. |
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(c) The governor shall deliver a biennial report to the |
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legislature based on the information received under Subsection (b). |
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The report may be made separately or as a part of other biennial |
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reports made to the legislature. |
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Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT. |
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The executive director shall provide to department employees, as |
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often as necessary, information regarding their: |
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(1) qualification for office or employment under this |
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subtitle; and |
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(2) responsibilities under applicable laws relating |
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to standards of conduct for state employees. |
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Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE |
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EVALUATIONS. (a) The executive director or the director's |
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designee shall develop an intra-agency career ladder program. The |
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program must require intra-agency posting of all nonentry level |
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positions concurrently with any public posting. |
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(b) The executive director or the director's designee shall |
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develop a system of annual performance evaluations. All merit pay |
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for department employees must be based on the system established |
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under this subsection. |
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CHAPTER 1002. RULES |
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Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board or |
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the department may adopt any rules necessary and appropriate to |
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implement the powers and duties of the department under this code |
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and other laws of this state. |
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Sec. 1002.002. RULES RESTRICTING ADVERTISING OR |
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COMPETITIVE BIDDING. The board or the department may not adopt |
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rules restricting advertising or competitive bidding by a person |
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regulated by the department except to prohibit false, misleading, |
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or deceptive practices by the person. |
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Sec. 1002.003. INTERIM RULES TO COMPLY WITH FEDERAL |
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REQUIREMENTS. (a) The board or the department may adopt rules to |
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implement state responsibility in compliance with a federal law or |
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regulation or action of a federal court relating to a person or |
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activity under the jurisdiction of the department if: |
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(1) federal law or regulation, or an action of a |
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federal court, requires: |
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(A) a state to adopt the rules; or |
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(B) action by a state to ensure protection of the |
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citizens of the state; |
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(2) the rules will avoid federal preemption of an |
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activity under the jurisdiction of the department; or |
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(3) the rules will prevent the loss of federal funds to |
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this state. |
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(b) The board or the department may adopt a rule under this |
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section only if the federal action requiring the adoption of a rule |
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occurs or takes effect between sessions of the legislature or at |
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such time during a session of the legislature that sufficient time |
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does not remain to permit the preparation of a recommendation for |
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legislative action or permit the legislature to act. A rule adopted |
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under this section shall remain in effect only until 30 days |
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following the end of the next session of the legislature unless a |
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law is enacted that authorizes the subject matter of the rule. If a |
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law is enacted that authorizes the subject matter of the rule, the |
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rule will continue in effect. |
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CHAPTER 1003. DEPARTMENT PROCEDURES |
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Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as |
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specifically provided by law, the department is subject to Chapters |
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2001 and 2002, Government Code. |
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Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) |
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The board or the department by rule may: |
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(1) create a summary procedure for routine matters; |
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and |
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(2) designate department activities that otherwise |
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would be subject to Chapter 2001, Government Code, as routine |
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matters to be handled under the summary procedure. |
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(b) An activity may be designated as a routine matter only |
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if the activity is: |
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(1) voluminous; |
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(2) repetitive; |
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(3) believed to be noncontroversial; and |
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(4) of limited interest to anyone other than persons |
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immediately involved in or affected by the proposed department |
|
action. |
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(c) The rules may establish procedures different from those |
|
contained in Chapter 2001, Government Code. The procedures must |
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require, for each party directly involved, notice of a proposed |
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negative action not later than the fifth day before the date the |
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action is proposed to be taken. |
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(d) A rule adopted by the board under this section may |
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provide for the delegation of authority to take action on a routine |
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matter to a salaried employee of the department designated by the |
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board. |
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Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A |
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person directly or indirectly affected by an action of the board or |
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the department on a routine matter taken under the summary |
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procedure adopted under Section 1003.002 is entitled to a review of |
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the action under Chapter 2001, Government Code. |
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(b) The person must apply to the board not later than the |
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60th day after the date of the action to be entitled to the review. |
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(c) The timely filing of the application for review |
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immediately stays the action pending a hearing on the merits. |
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(d) The board and the department may adopt rules relating to |
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an application for review under this section and consideration of |
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the application. |
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Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED |
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CASES. The board or the department, as applicable, on written |
|
agreement or stipulation of each party and any intervenor, may |
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informally dispose of a contested case in accordance with Section |
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2001.056, Government Code, notwithstanding any provision of this |
|
code or other law that requires a hearing before the board or the |
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department, as applicable. |
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Sec. 1003.005. NEWSPAPER PUBLICATION. Except as otherwise |
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provided by law, a notice or other matter that this code or other |
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law requires the board or the department to publish must be |
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published for three successive weeks in two newspapers that: |
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(1) are printed in this state; and |
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(2) have a general circulation in this state. |
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CHAPTER 1004. GENERAL SUBPOENA POWERS; WITNESSES AND PRODUCTION OF |
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RECORDS |
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Sec. 1004.001. DEFINITION. In this chapter, "records" |
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includes books, accounts, documents, papers, correspondence, and |
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other material. |
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Sec. 1004.002. SUBPOENA AUTHORITY. (a) With respect to a |
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matter that the board or the department has authority to consider or |
|
investigate, the board or the department may issue a subpoena |
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applicable throughout this state that requires: |
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(1) the attendance and testimony of a witness; and |
|
(2) the production of records. |
|
(b) In connection with a subpoena, the board or department |
|
may require attendance and production of records before the board |
|
or the board's designee: |
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(1) at the department's offices in Austin; or |
|
(2) at another place designated by the board or the |
|
department. |
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(c) In connection with a subpoena, the board chair or the |
|
board's designee may administer an oath, examine a witness, or |
|
receive evidence. |
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Sec. 1004.003. SERVICE OF SUBPOENA. (a) A subpoena issued |
|
by the board or the department may be served, at the discretion of |
|
the board or department, by the executive director, an authorized |
|
agent of the director, 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 board or the department, as applicable, in the |
|
case of disobedience of a subpoena issued by the board 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 |
|
board 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. |
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Sec. 1004.005. COMPENSATION FOR ATTENDANCE. A person |
|
required by subpoena to attend a proceeding before the board, the |
|
board'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 |
|
board or the department may make the materials available for |
|
examination at the place where the materials are located. |
|
(b) The board may designate a representative, including an |
|
official of the state in which the materials are located, to examine |
|
the materials. |
|
(c) The board 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 board 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 board 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 board 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 board 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 board 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 |
|
board or the department. |
|
Sec. 1004.009. COOPERATION WITH LAW ENFORCEMENT. On |
|
request, the board 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 board or the department subject to judicial review |
|
under this chapter includes a decision, order, rate, rule, form, or |
|
administrative or other ruling of the board. |
|
Sec. 1005.002. PETITION FOR JUDICIAL REVIEW. (a) After |
|
failing to get relief from the board, any party at interest who is |
|
dissatisfied with an action of the board or the department may file |
|
a petition for judicial review against the board 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 board 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 board shall develop and |
|
implement policies that provide the public with a reasonable |
|
opportunity to appear before the board and to speak on any issue |
|
under the jurisdiction of 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 board, 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). |
|
Sec. 1006.004. COMPLAINT PROCEDURES. (a) The department |
|
shall maintain a system to promptly and efficiently act on |
|
complaints filed with the department. The department shall |
|
maintain information about parties to the complaint, the subject |
|
matter of the complaint, a summary of the results of the review or |
|
investigation of the complaint, and its disposition. |
|
(b) The department shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The department shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
CHAPTER 1007. STANDARDS OF CONDUCT |
|
Sec. 1007.001. APPLICATION OF LAW RELATING TO ETHICAL |
|
CONDUCT. The board, the executive director, 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. CONFLICTS OF INTEREST. (a) In this section, |
|
"Texas trade association" means a cooperative and voluntarily |
|
joined statewide association of business or professional |
|
competitors in this state designed to assist its members and its |
|
industry or profession in dealing with mutual business or |
|
professional problems and in promoting their common interest. |
|
(b) A person may not be a member of the board and may not be a |
|
department employee employed in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.) if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of motor |
|
dealers or motor carriers; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of motor |
|
dealers or motor carriers. |
|
(c) A person may not be a member of the board or act as the |
|
general counsel to the board or the department 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 a profession related to the operation of the department. |
|
Sec. 1007.003. LOBBYING ACTIVITIES. A person may not serve |
|
as the executive director or act as the general counsel to the |
|
department 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. |
|
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. (a) Section 201.202(c), Transportation |
|
Code, is repealed. |
|
(b) Section 201.805, Transportation Code, as added by |
|
Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular |
|
Session, 2007, is repealed. |
|
PART B. STATE HIGHWAY TOLL PROJECTS |
|
SECTION 2B.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 2B.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 C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND |
|
HIGHWAYS IN CERTAIN COUNTIES |
|
SECTION 2C.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 D. CERTIFICATE OF TITLE ACT |
|
SECTION 2D.01. Section 501.002(3), Transportation Code, is |
|
amended to read as follows: |
|
(3) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
PART E. REGISTRATION OF VEHICLES |
|
SECTION 2E.01. Section 502.001(3), Transportation Code, is |
|
amended to read as follows: |
|
(3) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
SECTION 2E.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 F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES |
|
SECTION 2F.01. Sections 503.001(2) and (5), Transportation |
|
Code, are amended to read as follows: |
|
(2) "Commission" means the board of the Texas |
|
Department of Motor Vehicles [Texas Transportation Commission]. |
|
(5) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
PART G. MISCELLANEOUS PROVISIONS |
|
SECTION 2G.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 H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES |
|
SECTION 2H.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 I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT |
|
SECTION 2I.01. 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 Motor Vehicles [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 2I.02. 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 Motor Vehicles |
|
[Transportation]; |
|
(3) the Texas Department of Insurance; and |
|
(4) the Department of Information Resources. |
|
SECTION 2I.03. 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 J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES |
|
SECTION 2J.01. Section 642.002(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The Texas Department of Motor Vehicles [Transportation] |
|
by rule may prescribe additional requirements regarding the form of |
|
the markings required by Subsection (a)(2) that are not |
|
inconsistent with that subsection. |
|
PART K. MOTOR CARRIER REGISTRATION |
|
SECTION 2K.01. Section 643.001(1), Transportation Code, is |
|
amended to read as follows: |
|
(1) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
PART L. SINGLE STATE REGISTRATION |
|
SECTION 2L.01. Section 645.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The |
|
Texas Department of Motor Vehicles [Transportation] may, to the |
|
fullest extent practicable, participate in a federal motor carrier |
|
registration program under the unified carrier registration system |
|
as defined by Section 643.001 or a [the] single state registration |
|
system established under federal law [49 U.S.C. Section 14504]. |
|
PART M. MOTOR TRANSPORTATION BROKERS |
|
SECTION 2M.01. Section 646.003(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person may not act as a motor transportation broker |
|
unless the person provides a bond to the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION |
|
SECTION 2N.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 Motor Vehicles [Transportation], |
|
the Department of Public Safety, and the Texas Department of |
|
Insurance may adopt other rules to carry out this chapter. |
|
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. SALE OR LEASE OF MOTOR VEHICLES |
|
SECTION 2R.01. Section 2301.002(9), Occupations Code, is |
|
amended to read as follows: |
|
(9) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
SECTION 2R.02. Section 2301.002(33), Occupations Code, is |
|
repealed. |
|
PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY |
|
SECTION 2S.01. Section 1(3), Article 4413(37), Revised |
|
Statutes, is amended to read as follows: |
|
(3) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
SECTION 2S.02. Section 2, Article 4413(37), Revised |
|
Statutes, is amended to read as follows: |
|
Sec. 2. The Automobile Burglary and Theft Prevention |
|
Authority is a division [Established] in the Texas Department of |
|
Motor Vehicles [Transportation]. [The authority is not an advisory
|
|
body to the Texas Department of Transportation.] |
|
SECTION 2S.03. Sections 6(d) and (i), Article 4413(37), |
|
Revised Statutes, are repealed. |
|
ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF |
|
TRANSPORTATION IN OTHER CODES |
|
PART A. BUSINESS & COMMERCE CODE |
|
SECTION 3A.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 director of the Motor Vehicle |
|
Division of the Texas Department of Motor Vehicles |
|
[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 3A.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 3B.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 3B.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 3C.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 3C.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 3C.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 3C.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 3D.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 3D.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 3D.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 3E.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 Perfusionist Advisory Committee |
|
[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. |
|
PART F. HEALTH AND SAFETY CODE |
|
SECTION 3F.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 3F.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 3F.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 |
|
commissioner [executive director] of the Department of State Health |
|
Services [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 Family and 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 Department of State Health Services |
|
[Texas Commission on Alcohol and Drug Abuse]; |
|
(H) the Advisory Committee to the Texas Board of |
|
Criminal Justice [Texas Council] on Offenders with Medical or |
|
Mental Impairments; |
|
(I) the Texas Department of Criminal Justice; |
|
(J) the [Texas Department of] Health and[;
|
|
[(K) the Texas Department of] Human Services |
|
Commission; |
|
(K) [(L)] the [Texas] Department of Aging and |
|
Disability Services [Mental Health and Mental Retardation]; |
|
(L) [(M)] the Texas Education Agency; |
|
(M) [(N)] the Texas Juvenile Probation |
|
Commission; |
|
(N) [(O)] the Texas Youth Commission; |
|
(O) [(P)] the Department of Assistive and |
|
Rehabilitative Services [Texas Rehabilitation Commission]; |
|
(P) [(Q)] the Texas Workforce Commission; |
|
(Q) [(R)] the Texas Department of Motor Vehicles |
|
[Transportation]; |
|
(R) [(S)] the comptroller of public accounts; |
|
and |
|
(S) [(T)] the adjutant general's department. |
|
PART G. HUMAN RESOURCES CODE |
|
SECTION 3G.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 3G.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 3H.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 3H.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 3H.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 3H.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 3I.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. |
|
PART J. PENAL CODE |
|
SECTION 3J.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 3J.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 3K.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 3K.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 3K.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 under Chapter 2301, Occupations Code [by the Motor Vehicle
|
|
Board of the Texas Department of Transportation]; |
|
(B) an entity that is owned or controlled by a |
|
person who holds a manufacturer's license issued under Chapter |
|
2301, Occupations Code [by the Motor Vehicle Board of the Texas
|
|
Department of 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 3K.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 3K.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 3K.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 3K.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 3K.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 3K.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 3K.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 3K.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 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND |
|
RIGHTS OF ACTION |
|
SECTION 4.01. (a) All powers, duties, obligations, and |
|
rights of action of the Motor Carrier Division, the Motor Vehicle |
|
Division, and 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 those divisions of the Texas |
|
Department of Transportation are transferred to the board of 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 |
|
Motor Carrier Division, the Motor Vehicle Division, or 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 Motor Carrier Division, the Motor |
|
Vehicle Division, or 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 Motor Carrier Division, the |
|
Motor Vehicle Division, or 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. |
|
(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 Carrier Division, the |
|
Motor Vehicle Division, or the Vehicle Titles and Registration |
|
Division of that department continues in effect until it is amended |
|
or repealed by the board of the Texas Department 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 Carrier Division, the |
|
Motor Vehicle Division, or 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 4.02. (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 |
|
Automobile Burglary and Theft Prevention Authority Division of 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 board of 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 |
|
Automobile Burglary and Theft Prevention Authority Office of the |
|
Texas Department of Transportation are transferred to the |
|
Automobile Burglary and Theft Prevention Authority Division of the |
|
Texas Department of Motor Vehicles. |
|
(c) The Automobile Burglary and Theft Prevention Authority |
|
Division of the Texas Department of 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 Automobile Burglary and Theft |
|
Prevention Authority Division of the Texas Department of Motor |
|
Vehicles. |
|
(e) A rule adopted by the Automobile Burglary and Theft |
|
Prevention Authority Office of the Texas Department of |
|
Transportation, 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 board of the Texas Department of Motor |
|
Vehicles or the Automobile Burglary and Theft Prevention Authority |
|
Division of 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 4.03. The Transportation Legislative Oversight |
|
Committee shall oversee the coordination and collaboration between |
|
the Texas Department of Transportation and the Texas Department of |
|
Motor Vehicles during the transitions required by Sections 4.01 and |
|
4.02 of this article. |
|
ARTICLE 5. APPOINTMENT OF BOARD |
|
SECTION 5.01. Not later than October 1, 2009, the governor |
|
shall appoint the members of the board of the Texas Department of |
|
Motor Vehicles in accordance with Subchapter B, Chapter 1001, |
|
Transportation Code, as added by this Act. |
|
ARTICLE 6. EFFECTIVE DATE |
|
SECTION 6.01. This Act takes effect September 1, 2009. |