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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of salvage motor vehicles and the regulation of |
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salvage vehicle dealers; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2302.204, Occupations Code, is amended |
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to read as follows: |
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Sec. 2302.204. CASUAL SALES. This chapter does not apply to |
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a person who purchases not more than five [fewer than three] |
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nonrepairable motor vehicles or salvage motor vehicles from a |
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salvage vehicle dealer, an insurance company, or a salvage pool |
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operator in a casual sale at auction, except that: |
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(1) the board shall adopt rules as necessary to |
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regulate casual sales by salvage vehicle dealers, insurance |
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companies, or salvage pool operators and to enforce this section; |
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and |
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(2) a salvage vehicle dealer, insurance company, or |
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salvage pool operator who sells a motor vehicle in a casual sale |
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shall comply with those rules and Subchapter E, Chapter 501, |
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Transportation Code. |
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SECTION 2. Subchapter H, Chapter 2302, Occupations Code, is |
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amended by adding Section 2302.354 to read as follows: |
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Sec. 2302.354. CIVIL PENALTY. (a) In addition to any other |
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penalty or disciplinary action prescribed by this chapter, a person |
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who violates this chapter or a rule adopted under this chapter is |
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subject to a civil penalty of not less than $50 or more than $1,000. |
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Each day a violation continues or occurs is a separate violation for |
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the purpose of imposing the civil penalty. |
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(b) The attorney general or the appropriate district or |
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county attorney, in the name of the state, may institute and conduct |
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an action authorized by this section in a district court of Travis |
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County or of a county in which any part of the violation occurs. |
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(c) The attorney general, district attorney, or county |
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attorney may recover reasonable expenses incurred in obtaining a |
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civil penalty under this section, including court costs, reasonable |
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attorney's fees, investigative costs, witness fees, and deposition |
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expenses. |
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(d) A penalty collected under this section by the attorney |
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general shall be deposited to the credit of the general revenue |
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fund. A penalty collected under this section by a district or |
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county attorney shall be deposited to the credit of the general fund |
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of the county in which the suit was heard. |
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SECTION 3. Section 501.091(2), Transportation Code, is |
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amended to read as follows: |
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(2) "Casual sale" means the sale by a salvage vehicle |
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dealer with an endorsement in at least one classification described |
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by Section 2302.103(b), Occupations Code, or by an insurance |
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company of not more than five nonrepairable motor vehicles or |
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salvage motor vehicles to the same person during a calendar year. |
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The term does not include: |
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(A) a sale at auction to a salvage vehicle |
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dealer; or |
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(B) the sale of an export-only motor vehicle to a |
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person who is not a resident of the United States. |
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SECTION 4. The change in law made by Section 2302.354, |
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Occupations Code, as added by this Act, applies only to a violation |
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of Chapter 2302, Occupations Code, or a rule of the Texas Department |
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of Motor Vehicles adopted under that chapter, committed on or after |
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the effective date of this Act. A violation committed before the |
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effective date of this Act is governed by the law in effect when the |
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violation was committed, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |