By: McClendon, Pickett, Harper-Brown H.B. No. 2017

A BILL TO BE ENTITLED

AN ACT

relating to the organization, governance, duties, and functions of the Texas Department of Motor Vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2301.002, Occupations Code, is amended by adding Subdivisions (1-a) and (14-a) and amending Subdivisions (11), (16), (23), and (32) to read as follows:

(1-a) "Ambulance manufacturer" means a person other than the manufacturer of a motor vehicle chassis who, before the retail sale of the motor vehicle, performs modifications on the chassis that result in the finished product being classified as an ambulance.

(11) "Distributor" means a person, other than a manufacturer, who:

(A) distributes or sells new motor vehicles to a franchised dealer; or

(B) enters into franchise agreements with franchised dealers, on behalf of the manufacturer.

(14-a) "Fire-fighting vehicle manufacturer" means a person other than the manufacturer of a motor vehicle chassis who, before the retail sale of the motor vehicle, performs modifications on the chassis that result in the finished product being classified as a fire-fighting vehicle.

(16) "Franchised dealer" means a person who:

(A) holds a franchised motor vehicle dealer's license issued by the board under this chapter and Chapter 503, Transportation Code; and

(B) is engaged in the business of buying, selling, or exchanging new motor vehicles and servicing or repairing motor vehicles under a manufacturer's warranty at an established and permanent place of business under a franchise in effect with a manufacturer or distributor.

(23) "Motor vehicle" means:

(A) a fully self-propelled vehicle having two or more wheels that has as its primary purpose the transport of a person or persons, or property, on a public highway;

(B) a fully self-propelled vehicle having two or more wheels that:

(i) has as its primary purpose the transport of a person or persons or property;

(ii) is not manufactured for use on public streets, roads, or highways; and

(iii) meets the requirements for [has been issued] a certificate of title;

(C) an engine, transmission, or rear axle, regardless of whether attached to a vehicle chassis, manufactured for installation in a vehicle that has:

(i) the transport of a person or persons, or property, on a public highway as its primary purpose; and

(ii) a gross vehicle weight rating of more than 16,000 pounds; or

(D) a towable recreational vehicle.

(32) "Towable recreational 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) meets the requirements to be issued a certificate of title and registration by [is titled and registered with] the department 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 2. Section 2301.153(a), Occupations Code, is amended to read as follows:

(a) Notwithstanding any other provision of law, the board has all powers necessary, incidental, or convenient to perform a power or duty expressly granted under this chapter, including the power to:

(1) initiate and conduct proceedings, investigations, or hearings;

(2) administer oaths;

(3) receive evidence and pleadings;

(4) issue subpoenas to compel the attendance of any person;

(5) order the production of any tangible property, including papers, records, or other documents;

(6) make findings of fact on all factual issues arising out of a proceeding initiated under this chapter;

(7) specify and govern appearance, practice, and procedures before the board;

(8) adopt rules and issue conclusions of law and decisions, including declaratory decisions or orders;

(9) enter into contracts;

(10) execute instruments;

(11) retain counsel;

(12) use the services of the attorney general and institute and direct the conduct of legal proceedings in any forum;

(13) obtain other professional services as necessary and convenient;

(14) impose a sanction for contempt;

(15) assess and collect fees and costs, including attorney's fees;

(16) issue, suspend, or revoke licenses;

(17) prohibit and regulate acts and practices in connection with the distribution and sale of motor vehicles or warranty performance obligations;

(18) issue cease and desist orders in the nature of temporary or permanent injunctions;

(19) impose a civil penalty;

(20) enter an order requiring a person to:

(A) repurchase property under Section 2301.465 and pay costs and expenses of a party in connection with an order entered under that section [Section 2301.465];

(B) perform an act other than the payment of money; or

(C) refrain from performing an act; and

(21) enforce a board order.

SECTION 3. Section 2301.154, Occupations Code, is amended to read as follows:

Sec. 2301.154. DELEGATION OF POWERS. (a) The director may delegate any of the director's powers to one or more of the division's employees.

(b) The board by rule may delegate any power relating to a contested case hearing, other than the power to issue a final order, to:

(1) one or more of the board's members;

(2) the executive director;

(3) the director; or

(4) one or more of the department's employees.

(c) The board by rule may delegate the authority to issue a final order in a contested case hearing to:

(1) one or more of the board's members;

(2) the executive director; or

(3) the director of a division within the department designated by the board or the executive director to carry out the requirements of this chapter.

(d) The board by rule may delegate any power relating to a complaint investigation to any person employed by the department.

SECTION 4. Section 2301.252(b), Occupations Code, is amended to read as follows:

(b) For purposes of this section:

(1) the make of a conversion[, ambulance, or fire-fighting vehicle] is that of the chassis manufacturer; [and]

(2) the make of a motor home is that of the motor home manufacturer;

(3) the make of an ambulance is that of the ambulance manufacturer; and

(4) the make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer.

SECTION 5. Sections 2301.257(a), (b), and (c), Occupations Code, are amended to read as follows:

(a) An application for a dealer's license must be on a form prescribed by the department [board]. The application must include:

(1) the information required by Chapter 503, Transportation Code; and

(2) information relating to the applicant's financial resources, business integrity, business ability and experience, franchise if applicable, physical facilities, vehicle inventory, and other factors the department [board] considers necessary to determine the applicant's qualifications to adequately serve the public.

(b) If a material change occurs in the information included in an application for a dealer's license, the dealer shall notify the department [director] of the change within a reasonable time. The department [director] shall prescribe a form for the disclosure of the change.

(c) A franchised dealer must apply for a separate license under this section for each separate and distinct dealership showroom as determined by the department [board]. Before changing a location, a dealer must obtain a new license for that location.

SECTION 6. Section 2301.258, Occupations Code, is amended to read as follows:

Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S LICENSE. An application for a manufacturer's, distributor's, converter's, or representative's license must be on a form prescribed by the department [board]. The application must include information the department [board] determines necessary to fully determine the qualifications of an applicant, including financial resources, business integrity and experience, facilities and personnel for serving franchised dealers, and other information the department [board] determines pertinent to safeguard the public interest and welfare.

SECTION 7. Section 2301.261(a), Occupations Code, is amended to read as follows:

(a) An application for a vehicle lessor's license must:

(1) be on a form prescribed by the department [board];

(2) contain evidence of compliance with Chapter 503, Transportation Code, if applicable; and

(3) state other information required by the department [board].

SECTION 8. Section 2301.262(a), Occupations Code, is amended to read as follows:

(a) An application for a vehicle lease facilitator license must be on a form prescribed by the department [board] and contain the information required by the department [board].

SECTION 9. Sections 2301.264(c) and (d), Occupations Code, are amended to read as follows:

(c) The department [board] may prorate the fee for a representative's license to allow the representative's license and the license of the manufacturer or distributor who employs the representative to expire on the same day.

(d) The department [board] may refund from funds appropriated to the department [board] for that purpose a fee collected under this chapter that is not due or that exceeds the amount due.

SECTION 10. Sections 2301.301(a), (b), (c), and (e), Occupations Code, are amended to read as follows:

(a) Licenses issued under this chapter are valid for the period prescribed by the board [commission].

(b) The department [director] may issue a license for a term of less than the period prescribed under Subsection (a) to coordinate the expiration dates of licenses held by a person that is required to obtain more than one license to perform activities under this chapter.

(c) The board [commission] by rule may implement a system under which licenses expire on various dates during the year. For a year in which a license expiration date is changed [If a license is issued or renewed for a term that is less than the period set under Subsection (a)], the fee for the license shall be prorated so that the license holder pays only that portion of the fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the entire license renewal fee is payable.

(e) If the department [commission] prescribes the term of a license under this chapter for a period other than one year, the department [commission] shall prorate the applicable annual fee required under this chapter as necessary to reflect the term of the license.

SECTION 11. Section 2301.302, Occupations Code, is amended to read as follows:

Sec. 2301.302. NOTICE OF LICENSE EXPIRATION. The department [board] shall notify each person licensed under this chapter of the date of license expiration and the amount of the fee required for license renewal. The notice shall be sent [mailed] at least 30 days before the date of license expiration.

SECTION 12. Section 2301.351, Occupations Code, is amended to read as follows:

Sec. 2301.351. GENERAL PROHIBITION. A dealer may not:

(1) violate a board rule;

(2) aid or abet a person who violates this chapter, Chapter 503, Transportation Code, or a rule adopted under those chapters; or

(3) use false, deceptive, or misleading advertising relating to the sale or lease of motor vehicles.

SECTION 13. Sections 2301.358(a) and (c), Occupations Code, are amended to read as follows:

(a) A person who holds a license issued under this chapter may not participate in a new motor vehicle show or exhibition unless:

(1) the person provides the department [board] with written notice at least 30 days before the date the show or exhibition opens; and

(2) the department [board] grants written approval.

(c) This section does not prohibit the sale of a towable recreational vehicle, motor home, ambulance, fire-fighting vehicle, or tow truck at a show or exhibition if:

(1) the show or exhibition is approved by the department [board]; and

(2) the sale is not otherwise prohibited by law.

SECTION 14. Section 2301.401(a), Occupations Code, is amended to read as follows:

(a) A manufacturer or distributor shall file with the department [board] a copy of the current requirements the manufacturer or distributor imposes on its dealers with respect to the dealer's:

(1) duties under the manufacturer's or distributor's warranty; and

(2) vehicle preparation and delivery obligations.

SECTION 15. Section 2301.454(a), Occupations Code, is amended to read as follows:

(a) Notwithstanding the terms of any franchise, a manufacturer, distributor, or representative may not modify or replace a franchise if the modification or replacement would adversely affect to a substantial degree the dealer's sales, investment, or obligations to provide service to the public, unless:

(1) the manufacturer, distributor, or representative provides written notice by registered or certified mail to each affected dealer and the department [board] of the modification or replacement; and

(2) if a protest is filed under this section, the board approves the modification or replacement.

SECTION 16. Section 2301.476(c), Occupations Code, is amended to read as follows:

(c) Except as provided by this section, a manufacturer or distributor may not directly or indirectly:

(1) own an interest in a franchised or nonfranchised dealer or dealership;

(2) operate or control a franchised or nonfranchised dealer or dealership; or

(3) act in the capacity of a franchised or nonfranchised dealer.

SECTION 17. Section 2301.601(2), Occupations Code, is amended to read as follows:

(2) "Owner" means a person who is entitled to enforce a manufacturer's warranty with respect to a motor vehicle, and who:

(A) purchased the [a] motor vehicle at retail from a license holder [and is entitled to enforce a manufacturer's warranty with respect to the vehicle];

(B) is a lessor or lessee, other than a sublessee, who purchased or leased the vehicle from a license holder; [or]

(C) is a resident of this state and has registered the vehicle in this state;

(D) purchased or leased the vehicle at retail and is an active duty member of the United States armed forces stationed in this state at the time a proceeding is commenced under this subchapter; or

(E) is:

(i) the transferee or assignee of a person described by Paragraphs (A)-(D); [Paragraph (A) or (B),]

(ii) a resident of this state; [,] and

(iii) the person who registered the vehicle in this state [entitled to enforce the manufacturer's warranty].

SECTION 18. Sections 2301.611(a) and (c), Occupations Code, are amended to read as follows:

(a) The department [board] shall publish an annual report on the motor vehicles ordered repurchased or replaced under this subchapter.

(c) The department [board] shall make the report available to the public and may charge a reasonable fee to cover the cost of the report.

SECTION 19. Section 2301.613(a), Occupations Code, is amended to read as follows:

(a) The department [board] shall prepare, publish, and distribute information concerning an owner's rights under this subchapter. The retail seller of a new motor vehicle shall conspicuously post a copy of the information in the area where its customers usually pay for repairs.

SECTION 20. Section 2301.711, Occupations Code, is amended and to read as follows:

Sec. 2301.711. ORDERS AND DECISIONS. [(a)] An order or decision of the board must:

(1) include a separate finding of fact with respect to each specific issue the board is required by law to consider in reaching a decision;

(2) set forth additional findings of fact and conclusions of law on which the order or decision is based; [and]

(3) give the reasons for the particular actions taken;

(4) [.

[(b) Except as provided by Subchapter M, the order or decision must:

[(1)] be signed by the presiding officer or assistant presiding officer for the board;

(5) [(2)] be attested to by the director; and

(6) [(3)] have the seal affixed to it.

SECTION 21. Section 2301.803(c), Occupations Code, is amended to read as follows:

(c) A person affected by a statutory stay imposed by this chapter may request a hearing [initiate a proceeding before the board] to modify, vacate, or clarify the extent and application of the statutory stay.

SECTION 22. Section 503.011, Transportation Code, is amended to read as follows:

Sec. 503.011. PRORATING FEES. If the board [commission] prescribes the term of a general distinguishing number, license, or license plate under this chapter for a period other than one year, the board [commission] shall prorate the applicable annual fee required under this chapter as necessary to reflect the term of the number, license, or license plate.

SECTION 23. Section 503.027(a), Transportation Code, is amended to read as follows:

(a) If a dealer [person] consigns for sale more than five vehicles in a calendar year from a location other than the location for which the dealer [person] holds a [wholesale motor vehicle auction general distinguishing number or a dealer] general distinguishing number, the dealer must also hold [location to which the person consigns the vehicles must have] a general distinguishing number for the consignment [that] location unless the consignment location is a wholesale motor vehicle auction.

SECTION 24. Section 503.033(g), Transportation Code, is amended to read as follows:

(g) This section does not apply to a person licensed as a franchised motor vehicle dealer by the department [department's Motor Vehicle Board].

SECTION 25. Section 503.039, Transportation Code, is amended to read as follows:

Sec. 503.039. PUBLIC MOTOR VEHICLE AUCTIONS. (a) A motor vehicle may not be the subject of a subsequent sale at a public [an] auction by a holder of a dealer's general distinguishing number unless[:

[(1)] equitable or legal title has passed [passes] to the selling dealer [holder of a dealer's general distinguishing number] before the [a] transfer of title to the subsequent buyer.

(b) The [; and

[(2) the] holder of a dealer's general distinguishing number who sells a motor vehicle at a public auction must transfer [transfers] the certificate of title for that vehicle to the buyer before the 21st day after the date of the sale.

SECTION 26. The heading to Section 504.401, Transportation Code, is amended to read as follows:

Sec. 504.401. STATE OFFICIALS: EXECUTIVE AND LEGISLATIVE BRANCHES.

SECTION 27. Sections 504.401(b) and (d), Transportation Code, are amended to read as follows:

(b) A state official may be issued four [three] sets of license plates under this section.

(d) In this section, "state official" means:

(1) a member of the legislature;

(2) the governor;

(3) the lieutenant governor;

(4) [a justice of the supreme court;

[(5) a judge of the court of criminal appeals;

[(6)] the attorney general;

(5) [(7)] the commissioner of the General Land Office;

(6) [(8)] the comptroller;

(7) [(9)] a member of the Railroad Commission of Texas;

(8) [(10)] the commissioner of agriculture;

(9) [(11)] the secretary of state; or

(10) [(12)] a member of the State Board of Education.

SECTION 28. Subchapter E, Chapter 504, Transportation Code, is amended by adding Section 504.4015 to read as follows:

Sec. 504.4015. STATE OFFICIALS: JUDICIAL BRANCH. (a) The department shall issue without charge specialty license plates to a current state judge. The license plates must include the words "State Judge."

(b) A state judge may be issued three sets of license plates under this section.

(c) The license plates remain valid until December 31 of each year.

(d) In this section, "state judge" means:

(1) a justice of the supreme court;

(2) a judge of the court of criminal appeals;

(3) a judge of a court of appeals;

(4) a district court judge;

(5) a presiding judge of an administrative judicial district; or

(6) a statutory county court judge.

SECTION 29. The heading to Section 504.402, Transportation Code, is amended to read as follows:

Sec. 504.402. FEDERAL OFFICIALS: MEMBERS OF CONGRESS.

SECTION 30. Section 504.402(b), Transportation Code, is amended to read as follows:

(b) A person may be issued four [three] sets of license plates under this section.

SECTION 31. Subchapter E, Chapter 504, Transportation Code, is amended by adding Section 504.4025 to read as follows:

Sec. 504.4025. FEDERAL OFFICIALS: JUDICIAL BRANCH. (a) The department shall issue without charge specialty license plates for a current federal judge. The license plates must include the words "U.S. Judge."

(b) A federal judge may be issued three sets of license plates under this section.

(c) The license plates remain valid until December 31 of each year.

(d) In this section, "federal judge" means:

(1) a justice of the United States Supreme Court whose primary residence is in this state;

(2) a judge of the Fifth Circuit Court of Appeals; or

(3) a judge of a United States district court.

SECTION 32. The heading to Section 504.405, Transportation Code, is amended to read as follows:

Sec. 504.405. COUNTY OFFICIALS: COUNTY JUDGES.

SECTION 33. Section 504.405, Transportation Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) A person may be issued two [three] sets of license plates under this section.

(b-1) The license plates remain valid until December 31 of each year.

SECTION 34. Section 1001.001, Transportation Code, is amended by adding Subdivision (3) to read as follows:

(3) "Executive director" means the executive director of the department.

SECTION 35. Section 1001.004, Transportation Code, is amended to read as follows:

Sec. 1001.004. DIVISIONS. The executive director [board] shall organize the department into divisions to accomplish the department's functions and the duties assigned to the department [it, including divisions for:

[(1) administration;

[(2) motor carriers;

[(3) motor vehicle board; and

[(4) vehicle titles and registration].

SECTION 36. Subchapter A, Chapter 1001, Transportation Code, is amended by adding Sections 1001.007, 1001.008, 1001.009, 1001.010, and 1001.011 to read as follows:

Sec. 1001.007. PROTECTION AND USE OF INTELLECTUAL PROPERTY AND PUBLICATIONS. (a) The department may:

(1) apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation a patent, copyright, mark, or other evidence of protection or exclusivity issued in or for an idea, publication, or other original innovation fixed in a tangible medium, including:

(A) a literary work;

(B) a logo;

(C) a service mark;

(D) a study;

(E) a map or planning document;

(F) a graphic design;

(G) a manual;

(H) automated systems software;

(I) an audiovisual work; or

(J) a sound recording;

(2) enter into an exclusive or nonexclusive license agreement with a third party for the receipt of a fee, royalty, or other thing of monetary or nonmonetary value for the benefit of the department;

(3) waive or reduce the amount of a fee, royalty, or other thing of monetary or nonmonetary value to be assessed if the department determines that the waiver will:

(A) further the goals and missions of the department; and

(B) result in a net benefit to the state; and

(4) adopt and enforce rules necessary to implement this section.

(b) Money collected by the department under this section shall be deposited to the credit of the state highway fund for use by the department in supporting the department's operations and the administration of the department's functions.

Sec. 1001.008. DONATIONS AND CONTRIBUTIONS. (a) Except as provided by Subsection (b), for the purpose of carrying out its functions and duties, the board may accept a donation or contribution in any form, including real or personal property, money, materials, or services.

(b) The board may not accept a donation or contribution from an entity or association of entities that it regulates.

(c) The board by rule may delegate acceptance of donations or contributions under $500, or not otherwise required to be acknowledged in an open meeting, to the executive director.

Sec. 1001.009. COLLECTION OF FEES FOR DEPARTMENT GOODS AND SERVICES. (a) The board may adopt rules regarding the method of collection of a fee for any goods sold or services provided by the department or for the administration of any department program.

(b) Goods sold and services provided under Subsection (a) include department publications and the issuance of licenses, permits, and registrations.

(c) The rules adopted under Subsection (a) may:

(1) authorize the use of electronic funds transfer or a valid debit or credit card issued by a financial institution chartered by a state, the United States, or a nationally recognized credit organization approved by the department; and

(2) require the payment of a discount or service charge for a credit card payment in addition to the fee.

(d) Revenue generated from the collection of discount or service charges under Subsection (c) shall be deposited to the credit of the state highway fund for use by the department in supporting the department's operations and the administration of the department's functions.

Sec. 1001.010. AUTHORITY TO CONTRACT. (a) The department may enter into an interlocal contract with one or more local governments in accordance with Chapter 791, Government Code.

(b) The board by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding a contract under this section.

Sec. 1001.011. EDUCATIONAL CAMPAIGNS AND TRAINING. The department may conduct public service educational campaigns related to its functions.

SECTION 37. Subchapter B, Chapter 1001, Transportation Code, is amended by adding Section 1001.0221 to read as follows:

Sec. 1001.0221. BOARD; DUTIES. (a) The board shall oversee and coordinate the development of the Texas Department of Motor Vehicles and shall ensure that all components of the motor vehicle industry function as a system.

(b) The board shall carry out its policy-making functions in a manner that protects the interests of the public and industry, maintains a safe and sound motor vehicle industry, and increases the economic prosperity of the state.

SECTION 38. Section 1001.023, Transportation Code, is amended to read as follows:

Sec. 1001.023. CHAIR AND VICE CHAIR; DUTIES. (a) The governor shall appoint one of the board's members chair of the board. The chair serves at the pleasure of the governor. The board shall elect one of its members vice chair of the board. The [A chair or] vice chair serves at the pleasure of the board.

(b) The chair shall:

(1) preside over board meetings, make rulings on motions and points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the governor on the state of affairs of the department at least quarterly;

(4) report to the board the governor's suggestions for department operations;

(5) report to the governor on efforts, including legislative requirements, to maximize the efficiency of department operations through the use of private enterprise;

(6) periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the board, and the Legislative Budget Board;

(7) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;

(8) create subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole;

(9) appoint a member of the board to act in the [chair's] absence of the chair and vice chair; and

(10) serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.

SECTION 39. Section 1001.031, Transportation Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (f) to read as follows:

(a) The board shall retain or establish one or more [separate] advisory committees [for the motor carrier, motor vehicles, and vehicle titles and registration divisions] to make recommendations to the board or the executive director [on the operation of the applicable division]. A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board. A committee and each committee member serves at the will of the board.

(a-1) Section 2110.002, Government Code, does not apply to an advisory committee established under this section.

(f) The meetings of an advisory committee shall be made accessible to the public in person or through electronic means.

SECTION 40. Subchapter C, Chapter 1001, Transportation Code, is amended by adding Section 1001.0411 to read as follows:

Sec. 1001.0411. EXECUTIVE DIRECTOR; DUTIES. (a) The board shall appoint an executive director to serve at the pleasure of the board. The executive director shall perform all duties assigned by the board.

(b) The executive director may delegate duties or responsibilities as the executive director considers appropriate, provided the delegation does not conflict with applicable law or a resolution of the board.

SECTION 41. Chapter 1001, Transportation Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. ELECTRONIC ISSUANCE OF LICENSES

Sec. 1001.101. DEFINITIONS. In this subchapter:

(1) "Digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.

(2) "License" includes:

(A) a motor carrier registration issued under Chapter 643;

(B) a motor vehicle dealer, salvage dealer, manufacturer, distributor, representative, converter, or agent license issued by the department;

(C) specially designated or specialized license plates issued under Chapter 504; and

(D) an apportioned registration issued according to the International Registration Plan under Section 502.054.

Sec. 1001.102. APPLICATION FOR AND ISSUANCE OF LICENSE. The board by rule may provide for the filing of a license application and the issuance of a license by electronic means.

Sec. 1001.103. DIGITAL SIGNATURE. (a) A license application received by the department is considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the license in accordance with Subsection (b).

(b) The department may only accept a digital signature used to authenticate a license application under procedures that:

(1) comply with any applicable rules of another state agency having jurisdiction over department use or acceptance of a digital signature; and

(2) provide for consideration of factors that may affect a digital signature's reliability, including whether a digital signature is:

(A) unique to the person using it;

(B) capable of independent verification;

(C) under the sole control of the person using it; and

(D) transmitted in a manner that makes it infeasible to change the data in the communication or digital signature without invalidating the digital signature.

SECTION 42. Chapter 1003, Transportation Code, is amended by adding Section 1003.005 to read as follows:

Sec. 1003.005. DELEGATION OF POWER. (a) The board by rule may delegate any power relating to a contested case hearing, other than the power to issue a final order, to:

(1) one or more of the board's members;

(2) the executive director;

(3) the director of a division of the department; or

(4) one or more of the department's employees.

(b) The board by rule may delegate the authority to issue a final order in a contested case hearing to:

(1) one or more of the board's members;

(2) the executive director; or

(3) the director of a division within the department designated by the board or the executive director to carry out the requirements of this chapter.

(c) The board by rule may delegate any power relating to a complaint investigation to any person employed by the department.

SECTION 43. Section 264.502(b), Family Code, is amended to read as follows:

(b) The members of the committee who serve under Subsections (a)(1) through (3) shall select the following additional committee members:

(1) a criminal prosecutor involved in prosecuting crimes against children;

(2) a sheriff;

(3) a justice of the peace;

(4) a medical examiner;

(5) a police chief;

(6) a pediatrician experienced in diagnosing and treating child abuse and neglect;

(7) a child educator;

(8) a child mental health provider;

(9) a public health professional;

(10) a child protective services specialist;

(11) a sudden infant death syndrome family service provider;

(12) a neonatologist;

(13) a child advocate;

(14) a chief juvenile probation officer;

(15) a child abuse prevention specialist;

(16) a representative of the Department of Public Safety; and

(17) a representative of the Texas Department of Transportation [Motor Vehicles].

SECTION 44. Section 2110.002, Government Code, is amended by adding Subsection (c) to read as follows:

(c) This section does not apply to an advisory committee established by the Texas Department of Motor Vehicles.

SECTION 45. (a) The following provisions are repealed:

(1) Section 2054.270, Government Code;

(2) Sections 2301.105, 2301.106, and 2301.206, Occupations Code;

(3) Sections 503.033(c), 1001.031(c) and (d), and 1004.003, Transportation Code; and

(4) Sections 504.403, 504.404, and 504.406, Transportation Code.

(b) Section 6.03(c), Chapter 933 (H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, is repealed.

SECTION 46. This Act takes effect September 1, 2011.