INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 232.014(b),
Family Code, is amended.
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SECTION 1. Same as introduced
version.
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No
equivalent provision.
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SECTION 2. Section 348.005,
Finance Code, is amended to read as follows:
Sec. 348.005. ITEMIZED
CHARGE. An amount in a retail installment contract is an itemized charge if
the amount is not included in the cash price and is the amount of:
(1) fees for registration,
certificate of title, and license and any additional registration fees
charged by a [full service] deputy as authorized by rules adopted
under Section 520.0071 [502.114], Transportation Code;
(2) any taxes;
(3) fees or charges
prescribed by law and connected with the sale or inspection of the motor
vehicle; and
(4) charges authorized for
insurance, service contracts, warranties, or a debt cancellation agreement
by Subchapter C.
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No
equivalent provision.
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SECTION 3. Section 353.006,
Finance Code, is amended to read as follows:
Sec. 353.006. ITEMIZED
CHARGE. An amount in a retail installment contract is an itemized charge if
the amount is not included in the cash price and is the amount of:
(1) fees for registration,
certificate of title, and license and any additional registration fees
charged by a [full service] deputy as authorized by rules adopted
under Section 520.0071 [502.114], Transportation Code;
(2) any taxes;
(3) fees or charges
prescribed by law and connected with the sale or inspection of the
commercial vehicle;
(4) charges authorized for
insurance, service contracts, and warranties by Subchapter C; and
(5) advances or payments
authorized under Section 353.402(b) or (c) made by the retail seller to or
for the benefit of the retail buyer.
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SECTION 2. Section 2301.156,
Occupations Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 3. Section
2301.801(c), Occupations Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 4. Section
501.0234(b), Transportation Code, is amended to read as follows:
(b) This section does not
apply to a motor vehicle:
(1) that has been declared a
total loss by an insurance company in the settlement or adjustment of a
claim;
(2) for which the title has
been surrendered in exchange for:
(A) a salvage vehicle title
or salvage record of title issued under this chapter;
(B) a nonrepairable vehicle
title or nonrepairable vehicle record of title issued under this chapter or
Subchapter D, Chapter 683; or
(C) an ownership document
issued by another state that is comparable to a document described by
Paragraph (A) or (B);
(3) with a gross weight in
excess of 11,000 pounds; or
(4) purchased by a commercial
fleet buyer who
is a full-service deputy authorized by rules adopted under
Section 520.0071 [520.008] and
who utilizes the dealer title application process developed to
provide a method to submit title transactions to the county in which the
commercial fleet buyer is a full-service
deputy.
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SECTION 6. Section
501.0234(b), Transportation Code, is amended to read as follows:
(b) This section does not
apply to a motor vehicle:
(1) that has been declared a
total loss by an insurance company in the settlement or adjustment of a
claim;
(2) for which the title has
been surrendered in exchange for:
(A) a salvage vehicle title
or salvage record of title issued under this chapter;
(B) a nonrepairable vehicle
title or nonrepairable vehicle record of title issued under this chapter or
Subchapter D, Chapter 683; or
(C) an ownership document
issued by another state that is comparable to a document described by
Paragraph (A) or (B);
(3) with a gross weight in
excess of 11,000 pounds; or
(4) purchased by a commercial
fleet buyer who:
(A) is a [full-service] deputy authorized
by rules adopted under Section 520.0071;
(B) [520.008 and
who] utilizes the dealer title application process developed to provide
a method to submit title transactions to the county in which the commercial
fleet buyer is a [full-service]
deputy; and
(C) has authority to accept an application for registration and
application for title transfer that the county assessor-collector may
accept.
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SECTION 5. Section
501.033(c), Transportation Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 6. Section
501.076(c), Transportation Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 7. Section
501.097(d), Transportation Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 8. Section
501.134(a), Transportation Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 9. Section
501.138(c), Transportation Code, is amended to read as follows:
(c) Of the amount received
under Subsection (b)(2), the department shall deposit:
(1) $5 in the general revenue
fund; and
(2) $3 to the credit of the Texas
Department of Motor Vehicles [state highway] fund to recover the
expenses necessary to administer this chapter.
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SECTION 11. Sections
501.138(b-2) and (c), Transportation Code, are amended to read as follows:
(b-2)
The comptroller shall establish a record of the amount of the fees
deposited to the credit of the Texas Mobility Fund under Subsection (b-1). On
or before the fifth workday of each month, the Texas Department of
Transportation [department] shall remit to the comptroller for
deposit to the credit of the Texas emissions reduction plan fund an amount
of money equal to the amount of the fees deposited by the comptroller to
the credit of the Texas Mobility Fund under Subsection (b-1) in the
preceding month. The Texas Department of Transportation [department]
shall use for remittance to the comptroller as required by this subsection
money in the state highway fund that is not required to be used for a purpose
specified by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the congestion
mitigation and air quality improvement program established under 23 U.S.C.
Section 149.
(c) Of the amount received
under Subsection (b)(2), the department shall deposit:
(1) $5 in the general revenue
fund; and
(2) $3 to the credit of the Texas
Department of Motor Vehicles [state highway] fund to recover the
expenses necessary to administer this chapter.
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SECTION 10. Section
501.148(b), Transportation Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 11. Section 501.178,
Transportation Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 12. Section 502.058,
Transportation Code, is amended by adding Subsection (c) to read as
follows:
(c) A fee collected under
Subsection (a) shall be deposited to the credit of the Texas Department of
Motor Vehicles fund.
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SECTION 14. Section 502.058,
Transportation Code, is amended by adding Subsection (c) to read as
follows:
(c) A fee collected by the department under Subsection (a) shall
be deposited to the credit of the Texas Department of Motor Vehicles fund.
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SECTION 13. Section 502.060,
Transportation Code, is amended.
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SECTION 15. Same as introduced
version.
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SECTION 14. Section
502.094(h), Transportation Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 15. Section
502.146(a), Transportation Code, is.
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SECTION 17. Same as
introduced version.
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SECTION 16. Section 502.191,
Transportation Code, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 17. Subchapter E,
Chapter 502, Transportation Code, is amended.
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SECTION 19. Same as
introduced version.
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SECTION 18. Section 502.192,
Transportation Code, is amended.
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SECTION 20. Same as
introduced version.
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SECTION 19. Sections
502.197(a) and (b), Transportation Code, are amended.
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SECTION 21. Same as
introduced version.
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SECTION 20. Sections
502.198(a), (c), and (d), Transportation Code, are amended.
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SECTION 22. Same as
introduced version.
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SECTION 21. Section 502.1982,
Transportation Code, is amended.
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SECTION 23. Same as
introduced version.
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SECTION 22. Section
502.1984(a), Transportation Code, is amended.
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SECTION 24. Same as
introduced version.
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SECTION 23. Section 502.356,
Transportation Code, is amended to read as follows:
Sec. 502.356. AUTOMATED
REGISTRATION AND TITLING SYSTEM. (a) In addition to other registration fees
for a license plate or set of license plates or other device used as the
registration insignia, a fee of $1 shall be collected and shall be
deposited into the Texas
Department of Motor Vehicles fund.
(b) The department may use
money collected under this section to provide for or enhance the
automation of and the necessary infrastructure for:
(1) [automated]
on-premises and off-premises registration and permitting; [and]
(2) services related to the
titling of vehicles; and
(3) licensing and
enforcement procedures.
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SECTION 25. Section 502.356,
Transportation Code, is amended to read as follows:
Sec. 502.356. AUTOMATED
REGISTRATION AND TITLING SYSTEM. (a) In addition to other registration fees
for a license plate or set of license plates or other device used as the
registration insignia, the board by rule
shall adopt a fee of not less
than 50 cents and not more than $1. The fee shall be collected and deposited into a subaccount in the Texas Department of
Motor Vehicles fund.
(b) The department may use
money collected under this section to provide for or enhance the
automation of and the necessary infrastructure for:
(1) [automated]
on-premises and off-premises registration and permitting, including permitting under Subtitle E; [and]
(2) services related to the
titling of vehicles; and
(3) licensing and
enforcement procedures.
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SECTION 24. Section 502.405(c),
Transportation Code, is amended.
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SECTION 26. Same as
introduced version.
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SECTION 25. Section
503.007(d), Transportation Code, is amended.
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SECTION 27. Same as
introduced version.
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SECTION 26. Section
503.008(d), Transportation Code, is amended.
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SECTION 28. Same as
introduced version.
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SECTION 27. Section 503.012,
Transportation Code, is amended.
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SECTION 29. Same as
introduced version.
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SECTION 28. Section
503.0615(f), Transportation Code, is.
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SECTION 30. Same as
introduced version.
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SECTION 29. Section 503.0618,
Transportation Code, is amended.
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SECTION 31. Same as
introduced version.
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SECTION 30. Section
503.063(g), Transportation Code, is amended.
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SECTION 32. Same as
introduced version.
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SECTION 31. Section 503.065,
Transportation Code, is amended.
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SECTION 33. Same as
introduced version.
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SECTION 32. Section 504.002,
Transportation Code, is amended.
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SECTION 34. Same as
introduced version.
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SECTION 33. Section
504.007(c), Transportation Code, is amended.
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SECTION 35. Same as
introduced version.
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SECTION 34. Sections
504.009(b) and (c), Transportation Code, are amended.
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SECTION 36. Same as
introduced version.
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SECTION 35. Section
504.647(b), Transportation Code, is amended.
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SECTION 37. Same as
introduced version.
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SECTION 36. Section 504.801(e),
Transportation Code, is amended.
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SECTION 38. Same as
introduced version.
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SECTION 37. Section
504.851(j), Transportation Code, is amended.
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SECTION 39. Same as
introduced version.
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SECTION 38. Section 520.001,
Transportation Code, is amended.
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SECTION 40. Same as
introduced version.
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SECTION 39. Section
520.005(c), Transportation Code, is amended to read as follows:
(c) The [Notwithstanding
the requirements of Sections 520.008 and 520.0091, the]
assessor-collector may license franchised and non-franchised motor vehicle
dealers to title and register motor vehicles in accordance with rules
adopted under Section 520.004. The county assessor-collector may pay a fee
to a motor vehicle dealer independent of or as part of the portion of the
fees that would be collected by the county for each title and registration
receipt issued.
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SECTION 41. Section
520.005(c), Transportation Code, is amended to read as follows:
(c) Notwithstanding the requirements of Section 520.0071 [Sections
520.008 and 520.0091], the assessor-collector may license franchised
and non-franchised motor vehicle dealers to title and register motor
vehicles in accordance with rules adopted under Section 520.004. The county
assessor-collector may pay a fee to a motor vehicle dealer independent of or
as part of the portion of the fees that would be collected by the county
for each title and registration receipt issued.
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SECTION 40. Section
520.006(a), Transportation Code, is amended.
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SECTION 42. Same as
introduced version.
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SECTION 41. Subchapter A,
Chapter 520, Transportation Code, is amended by adding Section 520.0071 to
read as follows:
Sec. 520.0071. DEPUTIES. (a)
The board by rule shall prescribe:
(1) the classification
types of deputies performing titling and registration duties;
(2) the duties and
obligations of deputies; and
(3) the type and amount of
any bonds that may be required by a county assessor-collector for a deputy
to perform titling and registration duties.
(b) A county
assessor-collector, with the approval of the commissioners court of the
county, may deputize an individual or business entity to perform titling
and registration services in accordance with rules adopted under Subsection
(a).
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SECTION 43. Subchapter A,
Chapter 520, Transportation Code, is amended by adding Section 520.0071 to
read as follows:
Sec. 520.0071. DEPUTIES. (a)
The board by rule shall prescribe:
(1) the classification
types of deputies performing titling and registration duties;
(2) the duties and
obligations of deputies;
(3) the type and amount of
any bonds that may be required by a county assessor-collector for a deputy
to perform titling and registration duties; and
(4) the fees that may be charged or retained by deputies.
(b) A county
assessor-collector, with the approval of the commissioners court of the
county, may deputize an individual or business entity to perform titling
and registration services in accordance with rules adopted under Subsection
(a).
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SECTION 42. Section
520.0093(e), Transportation Code, is amended.
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SECTION 44. Same as
introduced version.
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SECTION 43. Section
520.016(c), Transportation Code, is amended.
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SECTION 45. Same as
introduced version.
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SECTION 44. Sections
621.351(a) and (c), Transportation Code, are amended.
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SECTION 46. Same as
introduced version.
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SECTION 45. Section 621.352(a),
Transportation Code, is amended.
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SECTION 47. Same as
introduced version.
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SECTION 46. Section
621.353(a), Transportation Code, is amended.
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SECTION 48. Same as
introduced version.
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SECTION 47. Section 621.354,
Transportation Code, is amended.
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SECTION 49. Same as
introduced version.
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SECTION 48. Section
623.0111(c), Transportation Code, is amended.
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SECTION 50. Same as
introduced version.
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SECTION 49. Sections
623.014(c) and (d), Transportation Code, are amended.
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SECTION 51. Same as
introduced version.
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SECTION 50. Sections
623.0711(g) and (h), Transportation Code, are amended.
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SECTION 52. Same as
introduced version.
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SECTION 51. Section 623.076,
Transportation Code, is amended.
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SECTION 53. Same as
introduced version.
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SECTION 52. Section 623.077(b),
Transportation Code, is amended.
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SECTION 54. Same as
introduced version.
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SECTION 53. Sections
623.096(a) and (c), Transportation Code, are amended.
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SECTION 55. Same as
introduced version.
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SECTION 54. Section
623.124(b), Transportation Code, is amended.
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SECTION 56. Same as
introduced version.
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SECTION 55. Section 623.147,
Transportation Code, is amended.
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SECTION 57. Same as
introduced version.
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SECTION 56. Section
623.182(b), Transportation Code, is amended.
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SECTION 58. Same as
introduced version.
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SECTION 57. Section 623.197,
Transportation Code, is amended.
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SECTION 59. Same as
introduced version.
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SECTION 58. Section 623.273,
Transportation Code, is amended.
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SECTION 60. Same as
introduced version.
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SECTION 59. Section
643.004(b), Transportation Code, is amended.
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SECTION 61. Same as
introduced version.
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SECTION 60. Section
645.002(c), Transportation Code, is amended.
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SECTION 62. Same as
introduced version.
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SECTION 61. Section 646.001,
Transportation Code, is amended.
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SECTION 63. Same as introduced
version.
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SECTION 62. Sections
646.003(a) and (c), Transportation Code, are amended.
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SECTION 64. Same as
introduced version.
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SECTION 63. Section 681.005,
Transportation Code, is amended.
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SECTION 65. Same as
introduced version.
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SECTION 64. Section
683.052(d), Transportation Code, is amended.
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SECTION 66. Same as
introduced version.
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SECTION 65. Section
1001.007(b), Transportation Code, is amended.
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SECTION 67. Same as
introduced version.
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SECTION 66. Section
1001.009(d), Transportation Code, is amended.
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SECTION 68. Same as
introduced version.
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No
equivalent provision.
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SECTION 69. Subchapter A,
Chapter 1001, Transportation Code, is amended by adding Section 1001.013 to
read as follows:
Sec. 1001.013. PERFORMANCE
OF CERTAIN DEPARTMENT FUNCTIONS BY AUTHORIZED BUSINESS. (a) The executive
director of the department may authorize a business entity to perform a
department function in accordance with rules adopted under Subsection (b).
(b) The board by rule
shall prescribe:
(1) the classification
types of businesses that are authorized to perform certain department
functions;
(2) the duties and
obligations of an authorized business;
(3) the type and amount of
any bonds that may be required for a business to perform certain functions;
and
(4) the fees that may be
charged or retained by a business authorized under this section.
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SECTION 67. Chapter 1001,
Transportation Code, is amended.
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SECTION 70. Same as
introduced version.
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SECTION 68. Sections 520.008,
520.009, 520.0091, and 520.0092, Transportation Code, are repealed.
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SECTION 71. Same as
introduced version.
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SECTION 69. (a) On September
1, 2013, existing revenue from fees collected or received by the Texas
Department of Motor Vehicles and any other
revenue dedicated to the Texas Department of Motor Vehicles shall be
transferred to and deposited in the fund established under Section
1001.151, Transportation Code, as added by this Act.
(b) Money deposited to the credit of the Texas Department of Motor
Vehicles fund that is, on September 1,
2013, being used as collateral or a source of payment for the repayment of
any loans, bonds, credit agreements, public securities, or other
obligations remains subject to being used as collateral or a source of
payment for those obligations. An obligation described by this subsection
must first be paid from the state highway fund. The Texas Department of
Motor Vehicles fund is subject to the obligation only to the extent the
state highway fund is depleted at the time the obligation matures and
becomes due.
(c) A deputy appointed under
Section 520.0091, Transportation Code, on or before August 31, 2013, may
continue to perform the services authorized under Sections 520.008,
520.009, 520.0091, and 520.0092, Transportation Code, until the Texas
Department of Motor Vehicles Board adopts
rules regarding the types of deputies authorized to perform titling
and registration duties under Section 520.0071, Transportation Code, as
added by this Act.
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SECTION 72. (a) On September
1, 2013, $59 million of existing
revenue from fees collected or received by the Texas Department of Motor
Vehicles under Section 502.356,
Transportation Code, and former Section 502.1705, Transportation Code, from
November 1, 2009, to August 31, 2013, shall be transferred to and
deposited in the fund established under Section 1001.151, Transportation
Code, as added by this Act.
(b) To the extent that revenue required to be deposited to the
credit of the Texas Department of Motor Vehicles fund under Subsection (a) of this section was, before
September 1, 2013, being used as collateral or a source of payment for the
repayment of any loans, bonds, credit agreements, public securities, or
other obligations, that revenue
remains subject to being used as collateral or a source of payment for
those obligations. However, an
obligation described by this subsection must first be paid from the state
highway fund, and the Texas Department of Motor Vehicles fund is subject to
the obligation only to the extent the state highway fund is depleted at the
time the obligation matures and becomes due.
(c) A deputy appointed under
Section 520.0091, Transportation Code, on or before August 31, 2013, may
continue to perform the services authorized under Sections 520.008,
520.009, 520.0091, and 520.0092, Transportation Code, until the effective date of the rules adopted by the board of
the Texas Department of Motor Vehicles regarding the types of
deputies authorized to perform titling and registration duties under
Section 520.0071, Transportation Code, as added by this Act.
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SECTION 70. (a) Except as
provided by Subsection (b) of this section, this Act takes effect September
1, 2013.
(b) Sections 502.197(a) and
(b) and 520.006, Transportation Code, as amended by this Act, take effect
on the date the board of the Texas
Department of Motor Vehicles adopts
the registration processing and handling fee under Section 502.1911,
Transportation Code, as added by this Act.
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SECTION 73. (a) Except as
provided by Subsection (b) of this section, this Act takes effect September
1, 2013.
(b) Sections 502.197(a) and
(b) and 520.006, Transportation Code, as amended by this Act, take effect
on the effective date of rules adopted by
the board of the Texas Department of Motor Vehicles regarding the registration processing and handling fee under
Section 502.1911, Transportation Code, as added by this Act.
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