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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle title services; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Effective January 1, 2012, the heading to |
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Subchapter E, Chapter 520, Transportation Code, is amended to read |
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as follows: |
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SUBCHAPTER E. COUNTY PERMITTING OF MOTOR VEHICLE TITLE SERVICES |
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SECTION 2. Effective January 1, 2012, Subdivisions (2), |
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(3), (4), and (6), Section 520.051, Transportation Code, are |
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amended to read as follows: |
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(2) "Motor vehicle title service" means any person |
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that for compensation directly or indirectly assists other persons |
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in obtaining motor vehicle [title] documents by submitting, |
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transmitting, or sending applications for motor vehicle [title] |
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documents to the appropriate government agencies, including county |
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tax assessor-collectors. |
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(3) "Motor vehicle [Title] documents" means motor |
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vehicle title applications, motor vehicle registration renewal |
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applications, motor vehicle mechanic's lien title applications, |
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motor vehicle storage lien title applications, motor vehicle |
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temporary registration permits, motor vehicle title application |
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transfers occasioned by the death of the title holder, or |
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notifications under Chapter 683 of this code or Chapter 70, |
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Property Code. |
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(4) "Title service permit [license] holder" means a |
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person who holds a motor vehicle title service permit [license] or a |
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title service runner's permit [license]. |
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(6) "Title service runner" means any person employed |
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by a [licensed] motor vehicle title service to submit or present |
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motor vehicle [title] documents to the county tax |
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assessor-collector. |
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SECTION 3. Effective January 1, 2012, Subchapter E, Chapter |
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520, Transportation Code, is amended by adding Section 520.0521 to |
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read as follows: |
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Sec. 520.0521. PURPOSE; LIBERAL CONSTRUCTION. (a) The |
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purpose of this subchapter is to protect the integrity of the |
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submittal of transactional motor vehicle documents by |
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nongovernmental entities through: |
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(1) the permitting and regulation of titling services |
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and title service runners; and |
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(2) the enforcement of this chapter to prevent crime, |
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fraud, unfair practices, and discrimination. |
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(b) This subchapter shall be liberally construed to give |
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effect to the purpose of this subchapter. |
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SECTION 4. Effective January 1, 2012, Sections 520.052 |
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through 520.060, Transportation Code, are amended to read as |
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follows: |
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Sec. 520.052. APPLICABILITY. This subchapter applies to |
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any motor vehicle title service operating in a county[:
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[(1)] that requires a permit under Section 520.053 |
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[has a population of more than 500,000; or
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[(2)
in which the commissioners court by order has
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adopted this subchapter]. |
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Sec. 520.053. PERMIT [LICENSE] REQUIRED. A county may |
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require a motor vehicle title service or a title service runner to |
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obtain a permit from the county in which the titles are required to |
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be filed [person may not act as a motor vehicle title service or act
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as an agent for that business unless that person holds a license
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issued under this subchapter]. |
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Sec. 520.054. GENERAL PERMIT [LICENSE] APPLICATION |
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REQUIREMENTS. (a) In a county that requires [An applicant for] a |
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motor vehicle title service permit or a title service runner |
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permit, an applicant [license] must apply on a form prescribed by |
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the county tax assessor-collector. The application form must be |
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signed by the applicant and accompanied by the application fee, |
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which may not exceed the maximum fee allowed under Section 520.077. |
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(b) An application must include: |
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(1) the applicant's name, business address, and |
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business telephone number; |
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(2) the name under which the applicant will do |
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business; |
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(3) the physical address of each office from which the |
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applicant will conduct business; |
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(4) a statement indicating whether the applicant has |
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previously applied for a permit [license] under this subchapter, |
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the result of the previous application, and whether the applicant |
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has ever been the holder of a permit [license] under this subchapter |
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that was revoked or suspended; |
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(5) information from the applicant as required by the |
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county tax assessor-collector to establish the business reputation |
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and character of the applicant; |
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(6) the applicant's federal tax identification number; |
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(7) the applicant's state sales tax number; [and] |
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(8) any other information required by rules adopted |
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under this subchapter; |
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(9) an affirmation of the truth of the information |
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contained in the application signed and sworn to before an officer |
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authorized to administer oaths; and |
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(10) if for a motor vehicle title service permit, an |
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affirmation that all acts of a motor vehicle title service's |
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employees, agents, contractors, or title service runners are acts |
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of the motor vehicle title service for the purposes of this |
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subchapter. |
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(c) A permit fee charged under Subsection (a) must be |
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deposited in the general fund for the county tax assessor-collector |
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and sheriff to use for the administration and enforcement of the |
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county's motor vehicle title service and title service runner |
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permitting program. |
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Sec. 520.055. APPLICATION REQUIREMENTS: CORPORATION. In |
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addition to the information required in Section 520.054, an |
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applicant for a motor vehicle title service permit [license] that |
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intends to engage in business as a corporation shall submit the |
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following information: |
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(1) the state of incorporation; |
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(2) the name, address, date of birth, and social |
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security number of each of the principal owners and directors of the |
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corporation; |
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(3) information about each officer and director as |
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required by the county tax assessor-collector to establish the |
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business reputation and character of the applicant; and |
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(4) a statement indicating whether an employee, |
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officer, or director has been refused a motor vehicle title service |
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permit [license] or a title service runner's permit [license] or |
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has been the holder of a permit [license] that was revoked or |
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suspended. |
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Sec. 520.056. APPLICATION REQUIREMENTS: PARTNERSHIP. In |
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addition to the information required in Section 520.054, a motor |
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vehicle title service permit [license] applicant that intends to |
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engage in business as a partnership shall submit an application |
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that includes the following information: |
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(1) the name, address, date of birth, and social |
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security number of each partner; |
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(2) information about each partner as required by the |
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county tax assessor-collector to establish the business reputation |
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and character of the applicant; and |
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(3) a statement indicating whether a partner or |
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employee has been refused a motor vehicle title service permit |
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[license] or a title service runner's permit [license] or has been |
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the holder of a permit [license] that was revoked or suspended. |
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Sec. 520.057. RECORDS. [(a)] A holder of a motor vehicle |
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title service permit [license] shall maintain records as required |
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by Section 520.080 [this section on a form prescribed and made
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available by the county tax assessor-collector for each transaction
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in which the license holder receives compensation.
The records
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shall include:
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[(1) the date of the transaction;
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[(2)
the name, age, address, sex, driver's license
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number, and a legible photocopy of the driver's license for each
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customer; and
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[(3)
the license plate number, vehicle identification
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number, and a legible photocopy of proof of financial
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responsibility for the motor vehicle involved.
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[(b) A motor vehicle title service shall keep:
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[(1)
two copies of all records required under this
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section for at least two years after the date of the transaction;
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[(2)
legible photocopies of any documents submitted by
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a customer; and
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[(3)
legible photocopies of any documents submitted to
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the county tax assessor-collector]. |
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Sec. 520.058. INSPECTION OF RECORDS. A motor vehicle title |
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service permit [license] holder or any of its employees shall allow |
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an inspection of records required under Section 520.057 by the |
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county tax assessor-collector or a peace officer on the premises of |
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the motor vehicle title service at any reasonable time to verify, |
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check, or audit the records. |
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Sec. 520.059. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT |
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[LICENSE]. (a) The county tax assessor-collector may deny, |
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suspend, revoke, or reinstate a permit [license] issued under this |
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subchapter. |
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(b) The county tax assessor-collector shall adopt rules |
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that establish grounds for the denial, suspension, revocation, or |
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reinstatement of a permit [license] and rules that establish |
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procedures for disciplinary action. Procedures issued under this |
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subchapter are subject to Chapter 2001, Government Code. |
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(c) A person whose permit [license] is revoked may not apply |
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for a new permit [license] before the first anniversary of the date |
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of the revocation. |
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(d) A permit [license] may not be issued under a fictitious |
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name that is similar to or may be confused with the name of a |
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governmental entity or that is deceptive or misleading to the |
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public. |
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(e) The county tax assessor-collector must provide written |
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notice of denial, suspension, or revocation of a permit. |
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(f) Notwithstanding any other provision of law, the county |
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has all powers necessary, incidental, or convenient to: |
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(1) initiate and conduct proceedings, investigations, |
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or hearings; |
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(2) administer oaths; |
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(3) receive evidence and pleadings; |
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(4) issue subpoenas to compel the attendance of any |
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person; |
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(5) order the production of any tangible property, |
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including papers, records, or other documents; |
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(6) make findings of fact on all factual issues |
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arising out of a proceeding initiated under this subchapter; |
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(7) specify and govern appearance, practice, and |
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procedures before the county; |
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(8) issue conclusions of law and decisions, including |
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declaratory decisions or orders; |
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(9) enter into settlement agreements; |
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(10) impose a sanction for contempt; |
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(11) assess and collect fees and costs, including |
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attorney's fees; |
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(12) issue cease and desist orders in the nature of |
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temporary or permanent injunctions; |
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(13) impose a civil penalty; |
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(14) enter an order requiring a person to: |
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(A) pay costs and expenses of a party in |
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connection with an order; |
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(B) perform an act other than the payment of |
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money; or |
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(C) refrain from performing an act; and |
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(15) enforce a county order. |
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Sec. 520.060. PERMIT [LICENSE] RENEWAL. (a) A permit |
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[license] issued under this subchapter expires on the first |
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anniversary of the date of issuance and may be renewed annually on |
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or before the expiration date on payment of the required renewal |
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fee. |
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(b) A person who is otherwise eligible to renew a permit |
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[license] may renew an unexpired permit [license] by paying to the |
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county tax assessor-collector before the expiration date of the |
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permit [license] the required renewal fee. A person whose permit |
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[license] has expired may not engage in activities that require a |
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permit [license] until the permit [license] has been renewed under |
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this section. |
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(c) If a person's permit [license] has been expired for 90 |
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days or less, the person may renew the permit [license] by paying to |
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the county tax assessor-collector 1-1/2 times the required renewal |
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fee. |
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(d) If a person's permit [license] has been expired for |
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longer than 90 days but less than one year, the person may renew the |
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permit [license] by paying to the county tax assessor-collector two |
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times the required renewal fee. |
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(e) If a person's permit [license] has been expired for one |
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year or longer, the person may not renew the permit [license]. The |
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person may obtain a new permit [license] by complying with the |
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requirements and procedures for obtaining an original permit |
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[license]. |
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(f) Notwithstanding Subsection (e), if a person had |
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obtained a permit [was licensed] in this state, moved to another |
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state, and has been doing business in the other state for the two |
|
years preceding application, the person may renew an expired permit |
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[license]. The person must pay to the county tax |
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assessor-collector a fee that is equal to two times the required |
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renewal fee for the permit [license]. |
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(g) Before the 30th day preceding the date on which a |
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person's permit [license] expires, the county tax |
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assessor-collector shall notify the person of the impending |
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expiration. The notice must be in writing and sent to the person's |
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last known address according to the records of the county tax |
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assessor-collector. |
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SECTION 5. Effective January 1, 2012, Section 520.061, |
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Transportation Code, is amended by amending Subsection (b) and |
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adding Subsection (c) to read as follows: |
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(b) Except as provided by Subsection (c) or the Penal Code, |
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an [An] offense under this section is a Class A misdemeanor. |
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(c) An offense under this section is a state jail felony if |
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it is based on: |
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(1) a violation of Section 520.053; or |
|
(2) the falsification of information required under |
|
Section 520.054, 520.055, or 520.056. |
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SECTION 6. Effective January 1, 2012, Subchapter E, Chapter |
|
520, Transportation Code, is amended by adding Section 520.0611 to |
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read as follows: |
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Sec. 520.0611. CIVIL PENALTY. (a) A person who violates |
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this subchapter is subject to a civil penalty of not more than |
|
$10,000 for each violation. |
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(b) Each day a violation occurs constitutes a separate |
|
violation. |
|
(c) The county by rule shall establish factors to be |
|
considered in determining the amount of the civil penalty assessed |
|
by the county. |
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(d) Notwithstanding any other law to the contrary, a civil |
|
penalty recovered under this subchapter shall be deposited to the |
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credit of the county's general fund or other fund as designated by |
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the county. |
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SECTION 7. Effective January 1, 2012, Subsection (a), |
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Section 520.062, Transportation Code, is amended to read as |
|
follows: |
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(a) The county attorney or a [A] district attorney of the |
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county in which the motor vehicle title service is operating |
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[located] may bring an action to enjoin the operation of a motor |
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vehicle title service or a title service runner if the motor vehicle |
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title service permit [license] holder or a runner of the motor |
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vehicle title service while in the scope of the runner's employment |
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is found to have committed one or more violations of or convicted of |
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more than one offense under this subchapter. |
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SECTION 8. Effective January 1, 2012, Section 520.063, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 520.063. EXEMPTIONS. The following persons and their |
|
agents are exempt from the permitting [licensing] and other |
|
requirements established by this subchapter: |
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(1) a franchised motor vehicle dealer or independent |
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motor vehicle dealer who holds a general distinguishing number |
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issued by the department under Chapter 503; |
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(2) a vehicle lessor holding a license issued by the |
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department [Motor Vehicle Board] under Chapter 2301, Occupations |
|
Code, or a trust or other entity that is specifically not required |
|
to obtain a lessor license under Section 2301.254(a) of that code; |
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[and] |
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(3) a vehicle lease facilitator holding a license |
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issued by the department [Motor Vehicle Board] under Chapter 2301, |
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Occupations Code; |
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(4) a state or federally chartered bank or credit |
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union; and |
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(5) an auctioneer licensed under Chapter 1802, |
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Occupations Code. |
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SECTION 9. Effective January 1, 2012, Chapter 520, |
|
Transportation Code, is amended by adding Subchapter F to read as |
|
follows: |
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SUBCHAPTER F. STATE LICENSING OF MOTOR VEHICLE TITLE SERVICES |
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Sec. 520.071. DEFINITIONS. In this subchapter: |
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(1) "Board" means the board of the Texas Department of |
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Motor Vehicles. |
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(2) "Motor vehicle" has the meaning assigned by |
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Section 501.002. |
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(3) "Motor vehicle documents" means motor vehicle |
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title applications, motor vehicle registration renewal |
|
applications, motor vehicle mechanic's lien title applications, |
|
motor vehicle storage lien title applications, motor vehicle |
|
temporary registration permits, motor vehicle title application |
|
transfers occasioned by the death of the title holder, or |
|
notifications under Chapter 683 of this code or Chapter 70, |
|
Property Code. |
|
(4) "Motor vehicle title service" means any person |
|
that for compensation directly or indirectly assists other persons |
|
in obtaining motor vehicle documents by submitting, transmitting, |
|
or sending applications for motor vehicle documents to the |
|
appropriate government agencies, including county tax |
|
assessor-collectors. |
|
(5) "Title service license holder" means a person who |
|
holds a motor vehicle title service license or a title service |
|
runner's license. |
|
(6) "Title service record" means the written record |
|
for each transaction in which a motor vehicle title service |
|
receives compensation. |
|
(7) "Title service runner" means any person employed |
|
by a motor vehicle title service to submit or present motor vehicle |
|
documents to the county tax assessor-collector. |
|
Sec. 520.072. APPLICABILITY. This subchapter applies to |
|
any motor vehicle title service operating in this state. |
|
Sec. 520.073. PURPOSE; LIBERAL CONSTRUCTION. (a) The |
|
purpose of this subchapter is to protect the integrity of the |
|
submittal of transactional motor vehicle documents by |
|
nongovernmental entities through: |
|
(1) the licensing and regulation of titling services |
|
and title service runners; and |
|
(2) the enforcement of this chapter to prevent crime, |
|
fraud, unfair practices, and discrimination. |
|
(b) This subchapter shall be liberally construed to give |
|
effect to the purpose of this subchapter. |
|
Sec. 520.074. LICENSE REQUIRED. A person may not act as a |
|
motor vehicle title service or act as a title service runner unless |
|
that person holds: |
|
(1) a permit issued by the county, if required by the |
|
county where the titles are required to be filed; and |
|
(2) a license issued by the department. |
|
Sec. 520.075. STATE LICENSE APPLICATION REQUIREMENTS. An |
|
applicant for a motor vehicle title service license or a title |
|
service runner license must apply on a form prescribed by the |
|
department. The application form must be signed by the applicant |
|
and accompanied by the application fee. |
|
Sec. 520.076. ESTABLISHED AND PERMANENT PLACE OF BUSINESS. |
|
(a) An applicant for a motor vehicle title service license must |
|
demonstrate that the location for which the applicant requests the |
|
license is an established and permanent place of business. A |
|
location is considered to be an established and permanent place of |
|
business if the applicant: |
|
(1) owns the real property on which the business is |
|
situated or has a written lease for the property that has a term of |
|
not less than the term of the license; and |
|
(2) maintains on the location: |
|
(A) a permanent furnished office that is equipped |
|
for titling services as specified in department rules; and |
|
(B) a conspicuous sign with letters at least six |
|
inches high showing the name of the applicant's business. |
|
(b) The applicant must demonstrate that: |
|
(1) the applicant intends to remain regularly and |
|
actively engaged in the business specified in the application for a |
|
time equal to at least the term of the license at the location |
|
specified in the application; and |
|
(2) the applicant or a bona fide employee of the |
|
applicant will be: |
|
(A) at the location to transact title services; |
|
and |
|
(B) available to the public or the department at |
|
that location during reasonable and lawful business hours. |
|
Sec. 520.077. LICENSE FEES. (a) The department by rule |
|
shall adopt fees for an original license and a renewal license for |
|
motor vehicle title services and for an original license and a |
|
renewal license for title service runners. |
|
(b) The fee for an original license for a motor vehicle |
|
title service or for a title service runner may not exceed $500. |
|
(c) The fee for a renewal license for a motor vehicle title |
|
service or for a title service runner may not exceed $200 annually. |
|
(d) The fee for an amendment to a license issued under this |
|
subchapter may not exceed $25. |
|
(e) The fee for a duplicate license issued under this |
|
subchapter may not exceed $50. |
|
(f) An additional fee may be charged for late renewal of not |
|
more than 1-1/2 times the renewal fee. |
|
(g) A fee collected under this section shall be deposited to |
|
the credit of the state highway fund. Section 403.095, Government |
|
Code, does not apply to money received by the department and |
|
deposited to the credit of the state highway fund under this |
|
subchapter. |
|
(h) The department may refund from funds appropriated to the |
|
department for that purpose a fee collected under this subchapter |
|
that is not due or that exceeds the amount due. |
|
Sec. 520.078. SURETY BOND. (a) The department may not |
|
issue or renew a motor vehicle title service license unless the |
|
applicant provides to the department satisfactory proof that the |
|
applicant has purchased a properly executed surety bond in the |
|
amount of $25,000 with a good and sufficient surety authorized by |
|
the Texas Department of Insurance in effect for at least the term of |
|
the license. |
|
(b) The surety bond must be: |
|
(1) in a form approved by the department; and |
|
(2) conditioned on the submission by the applicant of |
|
money and accurate motor vehicle documents on behalf of another |
|
person that are required to be submitted to government agencies, |
|
including county tax assessor-collectors, in order to obtain motor |
|
vehicle title or registration. |
|
(c) A person may recover against a surety bond if the person |
|
obtains a judgment assessing damages and reasonable attorney's fees |
|
based on an act or omission of the bondholder: |
|
(1) on which the bond is conditioned; and |
|
(2) that occurred during the term for which the motor |
|
vehicle title service license was valid. |
|
(d) The liability imposed on a surety is limited to the |
|
amount: |
|
(1) required to be submitted to the appropriate |
|
government agencies, including county tax assessor-collectors; |
|
(2) received by the applicant for performing as a |
|
motor vehicle title service; |
|
(3) incurred in engaging the applicant to assist in |
|
obtaining motor vehicle documents; and |
|
(4) of attorney's fees awarded in the judgment. |
|
(e) The liability of a surety may not exceed the face value |
|
of the surety bond. A surety is not liable for successive claims in |
|
excess of the bond amount regardless of the number of claims made |
|
against the bond or the number of years the bond remains in force. |
|
Sec. 520.079. LICENSE RENEWAL. (a) The board shall set |
|
the term of a license issued under this subchapter by rule. |
|
(b) If a person's license has been expired for 90 days or |
|
less, the person may renew the license by paying a late fee in |
|
addition to the renewal fee as described in Section 520.077(f). |
|
Sec. 520.080. RECORDS. (a) A holder of a motor vehicle |
|
title service license shall: |
|
(1) maintain records as required by department rule, |
|
including any forms prescribed by the department for each |
|
transaction presented to the county tax office or appropriate |
|
government office under this subchapter; and |
|
(2) provide a copy of the record to the county tax |
|
assessor-collector. |
|
(b) The records maintained under this section must include: |
|
(1) the date of the transaction; |
|
(2) the name, age, address, sex, and driver's license |
|
number of, and a legible photocopy of the driver's license for, each |
|
customer; |
|
(3) the license plate number and vehicle |
|
identification number of, and, if applicable, a legible photocopy |
|
of proof of financial responsibility for, the motor vehicle |
|
involved; and |
|
(4) any other information required to be maintained by |
|
department rule. |
|
(c) Records required by this section must be maintained for |
|
four years from the date of the transaction. |
|
(d) A motor vehicle title service shall keep: |
|
(1) a copy of all records required under this section |
|
for at least four years after the date of the transaction; |
|
(2) a legible photocopy of any documents submitted by |
|
a customer; and |
|
(3) a legible photocopy of any documents submitted to |
|
the county tax assessor-collector. |
|
Sec. 520.081. INSPECTION OF RECORDS. A motor vehicle title |
|
service license holder or any of its employees shall allow during |
|
business hours at the license holder's business location an |
|
inspection of records required under Section 520.080 by the |
|
department, the county tax assessor-collector, or a peace officer. |
|
Sec. 520.082. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. |
|
(a) The department may deny, suspend, revoke, or reinstate a |
|
license issued under this subchapter. |
|
(b) The department: |
|
(1) shall adopt rules that establish grounds for the |
|
denial, suspension, revocation, or reinstatement of a license and |
|
rules that establish procedures for disciplinary action; and |
|
(2) may adopt rules that allow for the incorporation |
|
of findings made by a county that has denied, suspended, revoked, or |
|
reinstated a permit issued under Subchapter E. |
|
(c) Procedures established under this subchapter are |
|
subject to Chapter 2001, Government Code. |
|
(d) The department must provide written notice of denial, |
|
suspension, or revocation of a license. |
|
(e) Notwithstanding any other provision of law, the board |
|
has all powers necessary, incidental, or convenient 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, and other documents; |
|
(6) make findings of fact on all factual issues |
|
arising out of a proceeding initiated under this subchapter; |
|
(7) specify and govern appearance, practice, and |
|
procedures before the board; |
|
(8) issue conclusions of law and decisions, including |
|
declaratory decisions or orders; |
|
(9) enter into settlement agreements; |
|
(10) impose a sanction for contempt; |
|
(11) assess and collect fees and costs, including |
|
attorney's fees; |
|
(12) issue cease and desist orders in the nature of |
|
temporary or permanent injunctions; |
|
(13) impose a civil penalty; |
|
(14) enter an order requiring a person to: |
|
(A) pay costs and expenses of a party in |
|
connection with an order; |
|
(B) perform an act other than the payment of |
|
money; or |
|
(C) refrain from performing an act; and |
|
(15) enforce a board order. |
|
Sec. 520.083. CRIMINAL PENALTY. (a) A person commits an |
|
offense if the person violates this subchapter or a rule adopted by |
|
the department or county tax assessor-collector under this |
|
subchapter. |
|
(b) Except as provided by Subsection (c) or the Penal Code, |
|
an offense under this section is a Class A misdemeanor. |
|
(c) An offense under this section is a state jail felony if |
|
it is based on: |
|
(1) a violation of Section 520.074; or |
|
(2) the falsification of information required under |
|
Section 520.075 or 520.078. |
|
Sec. 520.084. CIVIL PENALTY. (a) A person who violates |
|
this subchapter is subject to a civil penalty of not more than |
|
$10,000 for each violation. |
|
(b) Each day a violation occurs constitutes a separate |
|
violation. |
|
(c) The department by rule shall establish factors to be |
|
considered in determining the amount of the civil penalty assessed |
|
by the department. |
|
(d) Notwithstanding any other law to the contrary, a civil |
|
penalty recovered under this subchapter shall be deposited in the |
|
state treasury to the credit of the state highway fund. |
|
Sec. 520.085. CEASE AND DESIST ORDER. (a) If it appears to |
|
the board that a person is violating this subchapter or a board rule |
|
or order, the board after notice may require the person engaged in |
|
the conduct to appear and show cause why a cease and desist order |
|
should not be issued prohibiting the conduct described in the |
|
notice. |
|
(b) An interlocutory cease and desist order may be granted |
|
with or without bond or other undertaking if: |
|
(1) the order is necessary to the performance of the |
|
duties delegated to the board by this subchapter; |
|
(2) the order is necessary or convenient to |
|
maintaining the status quo between two or more adverse parties |
|
before the board; |
|
(3) a party before the board is entitled to relief |
|
demanded of the board and all or part of the relief requires the |
|
restraint of some act prejudicial to the party; |
|
(4) a person is performing, about to perform, or |
|
procuring or allowing the performance of an act: |
|
(A) relating to the subject of a contested case |
|
pending before the board, in violation of the rights of a party |
|
before the board; and |
|
(B) that would tend to render the board's order |
|
in the case ineffectual; or |
|
(5) substantial injury to the rights of a person |
|
subject to the board's jurisdiction is threatened regardless of any |
|
remedy available at law. |
|
(c) A proceeding under this section is governed by: |
|
(1) this subchapter and the board's rules; and |
|
(2) Chapter 2001, Government Code, relating to a |
|
contested case, to the extent that chapter is not in conflict with |
|
Subdivision (1). |
|
(d) An interlocutory cease and desist order remains in |
|
effect until vacated or incorporated in a final order of the board. |
|
An appeal of an interlocutory cease and desist order must be made to |
|
the board before seeking judicial review as provided by this |
|
subchapter. |
|
(e) A permanent cease and desist order may be issued |
|
regardless of the requirements of Subsection (b) but only under the |
|
procedures for a final order by the board under this subchapter. An |
|
appeal of a permanent cease and desist order is made in the same |
|
manner as an appeal of a final order under this subchapter. |
|
Sec. 520.086. INJUNCTION. (a) The attorney general or a |
|
district attorney of the county in which the motor vehicle title |
|
service is operating may bring an action to enjoin the operation of |
|
a motor vehicle title service or a title service runner if the motor |
|
vehicle title service license holder or a runner of the motor |
|
vehicle title service while in the scope of the runner's employment |
|
is found to have committed one or more violations of or convicted of |
|
more than one offense under this subchapter. |
|
(b) If the court grants relief under Subsection (a), the |
|
court may: |
|
(1) enjoin the person from maintaining or |
|
participating in the business of a motor vehicle title service for a |
|
period of time as determined by the court; or |
|
(2) declare the place where the person's business is |
|
located to be closed for any use relating to the business of the |
|
motor vehicle title service for as long as the person is enjoined |
|
from participating in that business. |
|
Sec. 520.087. COMPLAINT INVESTIGATION AND DISPOSITION. |
|
(a) If the department has reason to believe, through receipt of a |
|
complaint or otherwise, that a violation of this subchapter or a |
|
rule, order, or decision of the department has occurred or is likely |
|
to occur, the department may conduct an investigation unless it |
|
determines that the complaint is frivolous or for the purpose of |
|
harassment. |
|
(b) If the investigation establishes that a violation of |
|
this subchapter or a rule, order, or decision of the department has |
|
occurred or is likely to occur, the department shall initiate |
|
proceedings as it determines appropriate to enforce this subchapter |
|
or its rules, orders, and decisions. |
|
Sec. 520.088. EXEMPTIONS. The following persons and their |
|
agents are exempt from the licensing and other requirements |
|
established by this subchapter: |
|
(1) a franchised motor vehicle dealer or independent |
|
motor vehicle dealer who holds a general distinguishing number |
|
issued by the department under Chapter 503; |
|
(2) a vehicle lessor holding a license issued by the |
|
department under Chapter 2301, Occupations Code, or a trust or |
|
other entity that is specifically not required to obtain a lessor |
|
license under Section 2301.254(a), Occupations Code; |
|
(3) a vehicle lease facilitator holding a license |
|
issued by the department under Chapter 2301, Occupations Code; |
|
(4) a state or federally chartered bank or credit |
|
union; and |
|
(5) an auctioneer licensed under Chapter 1802, |
|
Occupations Code. |
|
SECTION 10. Effective January 1, 2012, Subsection (c), |
|
Section 730.007, Transportation Code, is amended to read as |
|
follows: |
|
(c) This section does not: |
|
(1) prohibit the disclosure of a person's photographic |
|
image to: |
|
(A) a law enforcement agency, the Texas |
|
Department of Motor Vehicles, a county tax assessor-collector, or a |
|
criminal justice agency for an official purpose; or |
|
(B) an agency of this state investigating an |
|
alleged violation of a state or federal law relating to the |
|
obtaining, selling, or purchasing of a benefit authorized by |
|
Chapter 31 or 33, Human Resources Code; or |
|
(2) prevent a court from compelling by subpoena the |
|
production of a person's photographic image. |
|
SECTION 11. Not later than November 1, 2011, the Texas |
|
Department of Motor Vehicles shall adopt rules and forms to |
|
administer Subchapter F, Chapter 520, Transportation Code, as added |
|
by this Act. |
|
SECTION 12. The change in law made by this Act to Section |
|
520.061, Transportation Code, as amended by this Act, applies only |
|
to an offense committed on or after January 1, 2012. An offense |
|
committed before that date is governed by the law in effect |
|
immediately before the effective date of this Act, and the former |
|
law is continued in effect for that purpose. For purposes of this |
|
section, an offense was committed before January 1, 2012, if any |
|
element of the offense was committed before that date. |
|
SECTION 13. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2011. |