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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation, organization, governance, duties, and |
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functions of the Texas Department of 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 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 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 |
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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 Vehicles, the department shall administer and |
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enforce: |
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(1) Subtitle A; |
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(2) Chapters 623, 642, 643, 645, 646, and 648; and |
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(3) Chapters 2301 and 2302, Occupations Code. |
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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) motor carriers; |
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(3) motor vehicle board; and |
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(4) 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, 2021. |
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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 VEHICLES |
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Sec. 1001.021. BOARD. (a) The board consists of nine |
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members appointed by the governor with the advice and consent of the |
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senate. |
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(b) Three members must be persons who hold a dealer's |
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license issued under Chapter 2301, Occupations Code, of whom two |
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must be franchised dealers of different classes and one must be an |
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independent dealer; one member must be a representative of a |
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manufacturer or distributor that holds a license issued under |
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Chapter 2301, Occupations Code; one member must be a tax |
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assessor-collector; one member must be a representative of a law |
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enforcement agency of a county or municipality; and one member must |
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be a representative of the motor carrier industry. The remaining |
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members must be public members. |
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(c) Except as necessary to comply with Subsection (b), a |
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person is not eligible for appointment as a member of the board if |
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the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization that is regulated by or |
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receives funds from the department; |
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(2) directly or indirectly owns or controls more than |
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10 percent interest in a business entity or other organization that |
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is regulated by or receives funds from the department; |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or funds 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; or |
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(4) is registered, certified, or licensed by the |
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department. |
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(d) A person required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of a profession related to the operation |
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of the department may not serve as a member of the board. |
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(e) Appointments to the board shall be made without regard |
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to race, color, disability, sex, religion, age, or national origin |
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of the appointees and shall reflect the diversity of the population |
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of the state as a whole. |
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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. CHAIR AND VICE CHAIR; DUTIES. (a) The |
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board shall elect one of its members chair of the board and one of |
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its members vice chair of the board. A chair or vice chair serves at |
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the pleasure of the board. |
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(b) The chair 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 chair. Board members shall attend the meetings of the |
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board. The chair shall oversee the preparation of an agenda for |
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each meeting and ensure that a copy is provided to each board member |
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at least seven days before the 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 chair shall report to the |
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governor, the lieutenant governor, the speaker of the house of |
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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 if a board member: |
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(1) does not have at the time of appointment or |
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maintain during service on the board the qualifications required by |
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Section 1001.021; |
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(2) violates a prohibition provided by Section |
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1001.021; |
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(3) cannot discharge the member's duties for a |
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substantial part of the term for which the member is appointed |
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because of illness or disability; or |
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(4) is absent from more than half of the regularly |
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scheduled board meetings that the board member is eligible to |
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attend during a calendar year, unless the absence is excused by |
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majority 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 knows that a |
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potential ground for removal exists, the director shall notify the |
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chair of the board of the ground, and the chair shall 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 relates to the |
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chair, the director shall notify another board member, who shall |
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notify the governor and the attorney general that a potential |
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ground for removal exists. |
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Sec. 1001.028. CONFLICT OF INTEREST. (a) A member of the |
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board shall disclose in writing to the executive director if the |
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member has an interest in a matter before the board or has a |
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substantial financial interest in an entity that has a direct |
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interest in the matter. |
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(b) The member shall recuse himself or herself from the |
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board's deliberations and actions on the matter in Subsection (a) |
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and may not participate in the board's decision on the matter. |
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(c) A person has a substantial financial interest in an |
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entity if the person: |
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(1) is an employee, member, director, or officer of |
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the entity; or |
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(2) owns or controls, directly or indirectly, more |
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than a five percent interest in the entity. |
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Sec. 1001.029. 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. 1001.030. TRAINING ON DEPARTMENT AND CERTAIN LAWS |
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RELATING TO DEPARTMENT. (a) To be eligible to take office as a |
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member of the board, a person appointed to the board must complete |
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at least one course of a training program that complies with this |
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section. |
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(b) The training program must provide information to the |
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person regarding: |
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(1) this subchapter; |
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(2) the programs operated by the department; |
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(3) the role and functions of the department; |
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(4) the rules of the department with an emphasis on the |
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rules that relate to disciplinary and investigatory authority; |
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(5) the current budget for the department; |
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(6) the results of the most recent formal audit of the |
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department; |
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(7) the requirements of the: |
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(A) open meetings law, Chapter 551, Government |
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Code; |
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(B) open records law, Chapter 552, Government |
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Code; and |
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(C) administrative procedure law, Chapter 2001, |
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Government Code; |
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(8) the requirements of the conflict of interest laws |
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and other laws relating to public officials; and |
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(9) any applicable ethics policies adopted by the |
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board or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement for travel expenses incurred in attending the |
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training program, as provided by the General Appropriations Act and |
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as if the person were a member of the board. |
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Sec. 1001.031. ADVISORY COMMITTEES. (a) The board shall |
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establish an advisory committee for the motor carriers, motor |
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vehicle board, and vehicle titles and registration divisions to |
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make recommendations to the board or the executive director on the |
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operation of the applicable division and may establish other |
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advisory committees as the board determines are necessary for the |
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performance of a regulatory function of the department. A |
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committee has the purposes, powers, and duties, including the |
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manner of reporting its work, prescribed by the board. A committee |
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and each committee member serves at the will of the board. |
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(b) The board shall appoint persons to each advisory |
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committee who: |
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(1) are selected from a list provided by the executive |
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director; and |
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(2) have knowledge about and interests in, and |
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represent a broad range of viewpoints about, the work of the |
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committee or the applicable division. |
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(c) A member of an advisory committee may not be compensated |
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by the board or the department for committee service but is entitled |
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to reimbursement for actual and necessary expenses incurred in the |
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performance of committee service. |
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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 define the |
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respective responsibilities of the 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 may |
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adopt any rules necessary and appropriate to implement the powers |
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and duties of the department under this code and other laws of this |
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state. |
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Sec. 1002.002. RULES RESTRICTING ADVERTISING OR |
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COMPETITIVE BIDDING. The board may not adopt rules restricting |
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advertising or competitive bidding by a person regulated by the |
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department except to prohibit false, misleading, or deceptive |
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practices by the person. |
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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. |
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(a) 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 |
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action. |
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(c) The rules may establish procedures different from those |
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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 may adopt rules relating to an application for |
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review under this section and consideration of 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, may, on written |
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agreement or stipulation of each party and any intervenor, |
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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 |
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code or other law that requires a hearing before the board or the |
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department, as applicable. |
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CHAPTER 1004. PUBLIC ACCESS |
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Sec. 1004.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The |
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department shall prepare and maintain a written plan that describes |
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how a person who does not speak English may be provided reasonable |
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access to the department's programs. |
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(b) The department shall comply with federal and state laws |
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for program and facility accessibility. |
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Sec. 1004.002. PUBLIC COMMENT. The board and the |
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department shall develop and implement policies that provide the |
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public with a reasonable opportunity to appear before the board or |
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the department and to speak on any issue under the jurisdiction of |
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the board or the department. |
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Sec. 1004.003. PUBLIC REPRESENTATION ON ADVISORY BODY. |
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(a) At least one-half of the membership of each advisory body |
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appointed by the board, other than an advisory body whose |
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membership is determined by this code or by other law, must |
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represent the general public. |
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(b) A public representative may not be: |
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(1) an officer, director, or employee of a business |
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entity regulated by the department; |
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(2) a person required to register with the Texas |
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Ethics Commission under Chapter 305, Government Code; or |
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(3) a person related within the second degree by |
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affinity or consanguinity to a person described by Subdivision (1) |
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or (2). |
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CHAPTER 1005. STANDARDS OF CONDUCT |
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Sec. 1005.001. APPLICATION OF LAW RELATING TO ETHICAL |
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CONDUCT. The board, the executive director, and each employee or |
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agent of the department is subject to the code of ethics and the |
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standard of conduct imposed by Chapter 572, Government Code, and |
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any other law regulating the ethical conduct of state officers and |
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employees. |
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ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT |
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OF TRANSPORTATION |
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PART A. GENERAL PROVISIONS AND ADMINISTRATION |
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SECTION 2A.01. Subsection (a), Section 201.202, |
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Transportation Code, is amended to read as follows: |
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(a) The commission shall organize the department into |
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divisions to accomplish the department's functions and the duties |
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assigned to it, including divisions for: |
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(1) aviation; |
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(2) highways and roads; and |
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(3) public transportation[; and
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[(4) motor vehicle titles and registration]. |
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SECTION 2A.02. Subdivision (2), Section 201.931, |
|
Transportation Code, is amended to read as follows: |
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(2) "License" includes: |
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(A) a permit issued by the department that |
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authorizes the operation of a vehicle and its load or a combination |
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of vehicles and load exceeding size or weight limitations; |
|
(B) a motor carrier registration issued under |
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Chapter 643; |
|
(C) a vehicle storage facility license issued |
|
under Chapter 2303, Occupations Code; and |
|
(D) a license or permit for outdoor advertising |
|
issued under Chapter 391 or 394[;
|
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[(E)
a salvage vehicle dealer or agent license
|
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issued under Chapter 2302, Occupations Code;
|
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[(F)
specially designated or specialized license
|
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plates issued under Subchapters E and F, Chapter 502; and
|
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[(G)
an apportioned registration issued
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according to the International Registration Plan under Section
|
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502.054]. |
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SECTION 2A.03. Subsection (c), Section 201.202, |
|
Transportation Code, is repealed. |
|
PART B. STATE HIGHWAY TOLL PROJECTS |
|
SECTION 2B.01. Subsections (b) and (h), Section 228.055, |
|
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 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 |
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vehicle as shown on the vehicle registration records of the Texas |
|
Department of Vehicles [department] or the analogous department or |
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agency of another state or country. |
|
SECTION 2B.02. Subsection (b), Section 228.056, |
|
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 |
|
Vehicles [department] of the registered owner of the vehicle is |
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prima facie evidence of its contents and that the defendant was the |
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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. Subsections (b), (e), and (h), Section |
|
284.0701, 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 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 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 Vehicles [department] or the analogous department or |
|
agency of another state or country. |
|
PART D. CERTIFICATE OF TITLE ACT |
|
SECTION 2D.01. Subdivision (3), Section 501.002, |
|
Transportation Code, is amended to read as follows: |
|
(3) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
PART E. REGISTRATION OF VEHICLES |
|
SECTION 2E.01. Subdivision (3), Section 502.001, |
|
Transportation Code, is amended to read as follows: |
|
(3) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
SECTION 2E.02. Subsections (a) and (b), Section 502.053, |
|
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. Subdivisions (2) and (5), Section 503.001, |
|
Transportation Code, are amended to read as follows: |
|
(2) "Commission" means the board of the Texas |
|
Department of Vehicles [Texas Transportation Commission]. |
|
(5) "Department" means the Texas Department of |
|
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 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 |
|
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 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 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. Subsection (d), Section 642.002, |
|
Transportation Code, is amended to read as follows: |
|
(d) The Texas Department of 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. Subdivision (1), Section 643.001, |
|
Transportation Code, is amended to read as follows: |
|
(1) "Department" means the Texas Department of |
|
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 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. Subsection (a), Section 646.003, |
|
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 |
|
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 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. Subdivision (1), Section 683.001, |
|
Transportation Code, is amended to read as follows: |
|
(1) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS |
|
SECTION 2P.01. Subdivision (1), Section 702.001, |
|
Transportation Code, is amended to read as follows: |
|
(1) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM |
|
SECTION 2Q.01. Subdivision (2), Section 707.001, |
|
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 Vehicles [Transportation] or the analogous |
|
department or agency of another state or country. |
|
SECTION 2Q.02. Subsection (b), Section 707.011, |
|
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 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 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 |
|
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. Subdivision (9), Section 2301.002, |
|
Occupations Code, is amended to read as follows: |
|
(9) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
SECTION 2R.02. Subdivision (33), Section 2301.002, |
|
Occupations Code, is repealed. |
|
PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY |
|
SECTION 2S.01. Subdivision (3), Section 1, Article |
|
4413(37), Revised Statutes, is amended to read as follows: |
|
(3) "Department" means the Texas Department of |
|
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 established in the Texas Department of Vehicles |
|
[Transportation]. The authority is not an advisory body to the |
|
Texas Department of Vehicles [Transportation]. |
|
ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF |
|
TRANSPORTATION IN OTHER CODES |
|
PART A. BUSINESS & COMMERCE CODE |
|
SECTION 3A.01. Subsection (b), Section 51.003, 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 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. Subsection (b), Section 105.004, Business & |
|
Commerce Code, as effective April 1, 2009, is amended to read as |
|
follows: |
|
(b) The Texas Department of 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. Subdivision (1), Section 1, Article 42.22, |
|
Code of Criminal Procedure, is amended to read as follows: |
|
(1) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
SECTION 3B.02. Subsection (c), Article 59.04, 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 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 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. Subsection (b), Section 157.316, 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 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. Subsection (a), Section 232.0022, Family |
|
Code, is amended to read as follows: |
|
(a) The Texas Department of Vehicles [Transportation] is |
|
the appropriate licensing authority for suspension or nonrenewal of |
|
a motor vehicle registration under this chapter. |
|
SECTION 3C.03. Subsection (b), Section 232.014, Family |
|
Code, is amended to read as follows: |
|
(b) A fee collected by the Texas Department of Vehicles |
|
[Transportation] or the Department of Public Safety shall be |
|
deposited to the credit of the state highway fund. |
|
SECTION 3C.04. Subsection (b), Section 264.502, 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 |
|
Vehicles [Transportation]. |
|
PART D. FINANCE CODE |
|
SECTION 3D.01. Subdivision (9), Section 306.001, 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 Vehicles [Transportation] under |
|
Section 2301.251(a), Occupations Code. |
|
SECTION 3D.02. Subdivision (10-a), Section 348.001, |
|
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 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 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. Subsection (d), Section 411.122, 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 Vehicles. |
|
PART F. HEALTH AND SAFETY CODE |
|
SECTION 3F.01. Subsection (e), Section 382.209, 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 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. Subsection (f), Section 382.210, 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 |
|
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. Subsection (a), Section 461.017, 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 Texas Council on Offenders with 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 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 Vehicles |
|
[Transportation's] vehicle registration record database. |
|
SECTION 3G.02. Subsection (g), Section 32.026, 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 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 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 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 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 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 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. Subsection (c), Section 554.009, |
|
Occupations Code, is amended to read as follows: |
|
(c) The board may register a vehicle with the Texas |
|
Department of Vehicles [Transportation] in an alias name only for |
|
investigative personnel. |
|
SECTION 3I.02. Subdivision (9), Section 2301.002, |
|
Occupations Code, is amended to read as follows: |
|
(9) "Department" means the Texas Department of |
|
Vehicles [Transportation]. |
|
SECTION 3I.03. Subsections (a) and (b), Section 2301.005, |
|
Occupations Code, are amended to read as follows: |
|
(a) A reference in law, including a rule, to the Texas Motor |
|
Vehicle Commission or to the board means [the director, except that
|
|
a reference to] the board of the Texas Department of Vehicles [means
|
|
the commission if it is related to the adoption of rules]. |
|
(b) A reference in law, including a rule, to the executive |
|
director of the Texas Motor Vehicle Commission means the executive |
|
director of the Texas Department of Vehicles. |
|
SECTION 3I.04. Subdivisions (2) and (3), Section 2302.001, |
|
Occupations Code, are amended to read as follows: |
|
(2) "Board" ["Commission"] means the board of the |
|
Texas Department of Motor Vehicles [Transportation Commission]. |
|
(3) "Department" means the Texas Department of Motor |
|
Vehicles [Transportation]. |
|
SECTION 3I.05. Subsection (b), Section 2302.0015, |
|
Occupations Code, is amended to read as follows: |
|
(b) For the purpose of enforcing or administering this |
|
chapter or Chapter 501 or 502, Transportation Code, a member of the |
|
board [commission], an employee or agent of the board [commission] |
|
or department, a member of the Public Safety Commission, an officer |
|
of the Department of Public Safety, or a peace officer may at a |
|
reasonable time: |
|
(1) enter the premises of a business regulated under |
|
one of those chapters; and |
|
(2) inspect or copy any document, record, vehicle, |
|
part, or other item regulated under one of those chapters. |
|
SECTION 3I.06. The heading to Subchapter B, Chapter 2302, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES |
|
SECTION 3I.07. Sections 2302.051, 2302.052, and 2302.053, |
|
Occupations Code, are amended to read as follows: |
|
Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board |
|
[commission] shall adopt rules as necessary to administer this |
|
chapter and may take other action as necessary to enforce this |
|
chapter. |
|
Sec. 2302.052. DUTY TO SET FEES. The board [commission] |
|
shall set application fees, license fees, renewal fees, and other |
|
fees as required to implement this chapter. The board [commission] |
|
shall set the fees in amounts reasonable and necessary to implement |
|
and enforce this chapter. |
|
Sec. 2302.053. RULES RESTRICTING ADVERTISING OR |
|
COMPETITIVE BIDDING. (a) The board [commission] may not adopt a |
|
rule under Section 2302.051 restricting advertising or competitive |
|
bidding by a person who holds a license issued under this chapter |
|
except to prohibit false, misleading, or deceptive practices by the |
|
person. |
|
(b) The board [commission] may not include in its rules to |
|
prohibit false, misleading, or deceptive practices a rule that: |
|
(1) restricts the use of any advertising medium; |
|
(2) restricts the person's personal appearance or use |
|
of the person's voice in an advertisement; |
|
(3) relates to the size or duration of an |
|
advertisement by the person; or |
|
(4) restricts the use of a trade name in advertising by |
|
the person. |
|
SECTION 3I.08. Subsection (b), Section 2302.108, |
|
Occupations Code, is amended to read as follows: |
|
(b) The board [commission] by rule shall establish the |
|
grounds for denial, suspension, revocation, or reinstatement of a |
|
license issued under this chapter and the procedures for |
|
disciplinary action. A rule adopted under this subsection may not |
|
conflict with a rule adopted by the State Office of Administrative |
|
Hearings. |
|
SECTION 3I.09. Section 2302.204, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 2302.204. CASUAL SALES. This chapter does not apply to |
|
a person who purchases fewer than three nonrepairable motor |
|
vehicles or salvage motor vehicles from a salvage vehicle dealer, |
|
an insurance company or salvage pool operator in a casual sale at |
|
auction, except that: |
|
(1) the board [commission] shall adopt rules as |
|
necessary to regulate casual sales by salvage vehicle dealers, |
|
insurance companies, or salvage pool operators and to enforce this |
|
section; and |
|
(2) a salvage vehicle dealer, insurance company, or |
|
salvage pool operator who sells a motor vehicle in a casual sale |
|
shall comply with those rules and Subchapter E, Chapter 501, |
|
Transportation Code. |
|
SECTION 3I.10. Subdivision (33), Section 2301.002, |
|
Occupations Code, is repealed. |
|
PART J. PENAL CODE |
|
SECTION 3J.01. Subsection (c), Section 31.03, 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 |
|
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 |
|
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. Subsection (b), Section 31.11, 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 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. Subsection (d), Section 21.02, 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 |
|
Vehicles [Transportation] under Chapter 503, Transportation Code, |
|
for that place of business; and |
|
(2) is offered for resale. |
|
SECTION 3K.02. Subsection (d), Section 22.04, 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 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 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. Subdivisions (3), (11), and (14), Subsection |
|
(a), Section 23.121, 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 |
|
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 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 |
|
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 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. Subsections (f), (g), and (h), Section |
|
23.121, 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 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 |
|
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 |
|
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 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 |
|
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 Vehicles |
|
[Transportation] to renew the dealer's general distinguishing |
|
number. |
|
SECTION 3K.05. Subsection (c), Section 23.123, 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 Vehicles |
|
[Transportation] for use by that department in auditing compliance |
|
of its licensees with appropriate provisions of applicable law. |
|
SECTION 3K.06. Subdivision (11), Subsection (a), Section |
|
23.124, 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 |
|
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 VEHICLES |
|
[TRANSPORTATION]. The comptroller shall furnish to the Texas |
|
Department of Vehicles [Transportation] each release of a tax lien |
|
filed by the comptroller with that department. |
|
SECTION 3K.08. Subsections (a) and (f), Section 152.0412, |
|
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 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 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 Vehicles [Transportation], and |
|
the department may not issue the metal dealer's plates until the tax |
|
is paid. |
|
SECTION 3K.10. Subsection (b), Section 152.121, Tax Code, |
|
is amended to read as follows: |
|
(b) Taxes on metal dealer plates collected by the Texas |
|
Department of 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. Subdivision (52), Section 162.001, 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 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 Vehicle Division and the Vehicle |
|
Titles and Registration Division of the Texas Department of |
|
Transportation are transferred to the Texas Department of 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 Vehicles on |
|
November 1, 2009. |
|
(b) The powers, duties, obligations, and rights of action of |
|
the portion of the Motor Carrier Division of the Texas Department of |
|
Transportation that is responsible for motor carrier registration |
|
and the enforcement of Subtitle F, Title 7, Transportation Code, |
|
are transferred to the Texas Department of Vehicles and the |
|
associated powers, duties, obligations, and rights of action of the |
|
Texas Transportation Commission are transferred to the board of the |
|
Texas Department of Vehicles on November 1, 2009. |
|
(c) In connection with the transfers required by |
|
Subsections (a) and (b) of this section, the personnel, furniture, |
|
computers, other property and equipment, files, and related |
|
materials used by the Motor Vehicle Division, the Vehicle Titles |
|
and Registration Division, or the portion of the Motor Carrier |
|
Division of the Texas Department of Transportation described in |
|
Subsection (b) of this section are transferred to the Texas |
|
Department of Vehicles. |
|
(d) The Texas Department of Vehicles shall continue any |
|
proceeding involving the Motor Vehicle Division, the Vehicle Titles |
|
and Registration Division, or the portion of the Motor Carrier |
|
Division of the Texas Department of Transportation described in |
|
Subsection (b) of this section 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. |
|
(e) A certificate, license, document, permit, registration, |
|
or other authorization issued by the Motor Vehicle Division or the |
|
Vehicle Titles and Registration Division of the Texas Department of |
|
Transportation or a registration issued by the Motor Carrier |
|
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 Vehicles. |
|
(f) A rule adopted by the Texas Transportation Commission or |
|
the executive director of the Texas Department of Transportation in |
|
connection with or relating to the Motor Vehicle Division, the |
|
Vehicle Titles and Registration Division, or the portion of the |
|
Motor Carrier Division of the Texas Department of Transportation |
|
described in Subsection (b) of this section continues in effect |
|
until it is amended or repealed by the board of the Texas Department |
|
of Vehicles or the Texas Department of Vehicles, as applicable. |
|
(g) The unobligated and unexpended balance of any |
|
appropriations made to the Texas Department of Transportation in |
|
connection with or relating to the Motor Vehicle Division, the |
|
Vehicle Titles and Registration Division, or the portion of the |
|
Motor Carrier Division of the Texas Department of Transportation |
|
described in Subsection (b) of this section for the state fiscal |
|
biennium ending August 31, 2009, is transferred and reappropriated |
|
to the Texas Department of Vehicles for the purpose of implementing |
|
the powers, duties, obligations, and rights of action transferred |
|
to that department under Subsections (a) and (b) of this section. |
|
SECTION 4.02. (a) In connection with the establishment by |
|
this Act of the Automobile Burglary and Theft Prevention Authority |
|
in the Texas Department of Vehicles and with the transfer by this |
|
Act of the duty to provide personnel and services to the Automobile |
|
Burglary and Theft Prevention Authority from the Texas Department |
|
of Transportation to the Texas Department of Vehicles, the |
|
personnel, furniture, computers, other property and equipment, |
|
files, and related materials used by the Automobile Burglary and |
|
Theft Prevention Authority are transferred to the Texas Department |
|
of Vehicles. |
|
(b) 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 for the state fiscal biennium ending August |
|
31, 2009, is transferred and reappropriated to the Texas Department |
|
of Vehicles for the purpose of allowing the authority to continue to |
|
exercise its powers, duties, and obligations under the auspices of |
|
that department. |
|
SECTION 4.03. (a) In addition to the positions of the |
|
Texas Department of Transportation assigned to the Vehicle Titles |
|
and Registration Division, Motor Vehicle Division, Motor Carrier |
|
Division, and Automobile Burglary and Theft Prevention Authority |
|
Division that are transferred to the Texas Department of Vehicles, |
|
it is estimated that 75 other full-time equivalent employee |
|
positions of the Texas Department of Transportation primarily |
|
support the transferred divisions and, subject to this section, |
|
those positions are also transferred to the Texas Department of |
|
Vehicles. The number of positions transferred under this |
|
subsection may be modified by agreement of the two agencies in a |
|
memorandum of understanding. |
|
(b) If in another Act of the 81st Legislature, Regular |
|
Session, 2009, the legislature establishes a maximum number of |
|
full-time equivalent employee positions for the Texas Department of |
|
Vehicles, the number of positions transferred under Subsection (a) |
|
of this section may not result in a number of full-time equivalent |
|
employee positions of that department that exceeds the maximum. |
|
(c) When filling a position described by Subsection (a) of |
|
this section, the Texas Department of Vehicles shall give first |
|
consideration to an applicant who, as of September 1, 2009, was a |
|
full-time employee of the Texas Department of Transportation and |
|
primarily supported one or more of the transferred divisions. |
|
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 |
|
Vehicles in accordance with Subchapter B, Chapter 1001, |
|
Transportation Code, as added by this Act. |
|
ARTICLE 6. MEMORANDUM OF UNDERSTANDING |
|
SECTION 6.01. (a) The board of the Texas Department of |
|
Vehicles and the Texas Transportation Commission by rule shall |
|
adopt or revise a joint memorandum of understanding to coordinate |
|
the Texas Department of Vehicles' and the Texas Department of |
|
Transportation's information systems to allow for the sharing of |
|
information so that each department may effectively and efficiently |
|
perform the functions and duties assigned to it. |
|
(b) The Texas Department of Vehicles and the Texas |
|
Department of Transportation shall implement the joint memorandum |
|
of understanding using existing personnel and resources. |
|
(c) Otherwise confidential information shared under the |
|
memorandum of understanding remains subject to the same |
|
confidentiality requirements and legal restrictions on access to |
|
the information that are imposed by law on the department that |
|
originally obtained or collected the information. |
|
(d) Information may be shared under the memorandum of |
|
understanding without the consent of the person who is the subject |
|
of the information. |
|
SECTION 6.02. (a) In addition to the memorandum of |
|
understanding required by Section 6.01 of this article, the board |
|
of the Texas Department of Vehicles and the Texas Transportation |
|
Commission by rule may adopt or revise one or more other joint |
|
memoranda of understanding as considered necessary or appropriate |
|
to effectuate the transfer of the powers and duties of the Texas |
|
Department of Transportation to the Texas Department of Vehicles |
|
under this Act. |
|
(b) Subsections (b), (c), and (d) of Section 6.01 of this |
|
article apply to a memorandum of understanding adopted or revised |
|
under Subsection (a) of this section. |
|
ARTICLE 7. EFFECTIVE DATE |
|
SECTION 7.01. This Act takes effect September 1, 2009. |