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AN ACT
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relating to the regulation of motor vehicles by counties and the |
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Texas Department of Motor Vehicles; authorizing a fee; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 348.005, Finance Code, is amended to |
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read as follows: |
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Sec. 348.005. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a [full
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service] deputy as authorized by rules adopted under Section |
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520.0071 [502.114], Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the motor vehicle; and |
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(4) charges authorized for insurance, service |
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contracts, warranties, or a debt cancellation agreement by |
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Subchapter C. |
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SECTION 2. Section 353.006, Finance Code, is amended to |
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read as follows: |
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Sec. 353.006. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a [full
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service] deputy as authorized by rules adopted under Section |
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520.0071 [502.114], Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the commercial vehicle; |
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(4) charges authorized for insurance, service |
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contracts, and warranties by Subchapter C; and |
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(5) advances or payments authorized under Section |
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353.402(b) or (c) made by the retail seller to or for the benefit of |
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the retail buyer. |
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SECTION 3. Section 418.016, Government Code, is amended by |
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adding Subsections (f), (g), and (h) to read as follows: |
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(f) The governor may suspend any of the following |
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requirements in response to an emergency or disaster declaration of |
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another jurisdiction if strict compliance with the requirement |
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would prevent, hinder, or delay necessary action in assisting |
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another state with coping with an emergency or disaster: |
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(1) a registration requirement in an agreement entered |
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into under the International Registration Plan under Section |
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502.091, Transportation Code, to the extent authorized by federal |
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law; |
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(2) a temporary registration permit requirement under |
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Section 502.094, Transportation Code; |
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(3) a provision of Subtitle E, Title 7, Transportation |
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Code, to the extent authorized by federal law; |
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(4) a motor carrier registration requirement under |
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Chapter 643, Transportation Code; |
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(5) a registration requirement under Chapter 645, |
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Transportation Code, to the extent authorized by federal law; or |
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(6) a fuel tax requirement under the International |
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Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq., to |
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the extent authorized by federal law. |
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(g) For the purposes of Subsection (f), "emergency or |
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disaster declaration of another jurisdiction" means an emergency |
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declaration, a major disaster declaration, a state of emergency |
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declaration, a state of disaster declaration, or a similar |
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declaration made by: |
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(1) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); or |
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(2) the governor of another state. |
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(h) To the extent federal law requires this state to issue a |
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special permit under 23 U.S.C. Section 127 or an executive order, a |
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suspension issued under Subsection (f) is a special permit or an |
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executive order. |
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SECTION 4. Section 1201.206(f), Occupations Code, is |
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amended to read as follows: |
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(f) If the owner of a manufactured home relocates the home, |
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the owner shall apply for the issuance of a new statement of |
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ownership and location not later than the 60th day after the date |
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the home is relocated. The department shall require that the owner |
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submit evidence that the home was relocated in accordance with the |
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requirements of the Texas Department of Motor Vehicles |
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[Transportation]. |
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SECTION 5. Section 2301.002(12), Occupations Code, is |
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amended to read as follows: |
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(12) "Division" means the [Motor Vehicle Division of
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the] department division that regulates the distribution and sale |
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of motor vehicles. |
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SECTION 6. The heading to Subchapter C, Chapter 2301, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER C. [DIRECTOR AND OTHER] DIVISION PERSONNEL |
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SECTION 7. Section 2301.154, Occupations Code, is amended |
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by amending Subsections (b) and (c) and adding Subsection (e) to |
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read as follows: |
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(b) The board by rule may delegate any power relating to a |
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contested case hearing brought under this chapter or Chapter 503, |
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Transportation Code, other than the power to issue a final order, |
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to: |
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(1) one or more of the board's members; |
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(2) the executive director; |
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(3) the director; or |
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(4) one or more of the department's employees. |
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(c) The board by rule may delegate the authority to issue a |
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final order in a contested case hearing brought under this chapter |
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or Chapter 503, Transportation Code, to: |
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(1) one or more of the board's members; |
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(2) the executive director; or |
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(3) the director of a division within the department |
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designated by the board or the executive director to carry out the |
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requirements of this chapter. |
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(e) An action taken by a person to whom a power or other |
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authority is delegated under Subsection (b) or (c), including the |
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issuance of an order, is considered an action of the board and may |
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not be appealed to the board. |
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SECTION 8. Section 2301.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) An application for a dealer's license must be on a form |
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prescribed by the department. The application must include: |
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(1) the information required by Chapter 503, |
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Transportation Code; and |
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(2) information [relating to the applicant's financial
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resources, business integrity, business ability and experience,
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franchise if applicable, physical facilities, vehicle inventory,
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and other factors] the board determines by rule is [department
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considers] necessary to determine the applicant's qualifications |
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to adequately serve the public. |
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SECTION 9. Sections 2301.260(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) An application for a distributor's license must |
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disclose: |
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(1) the manufacturer for whom the distributor will |
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act; |
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(2) whether the manufacturer is licensed in this |
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state; |
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(3) [the warranty covering the motor vehicles to be
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sold;
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[(4)] the persons in this state who will be |
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responsible for compliance with the warranty covering the motor |
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vehicles to be sold; |
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(4) [(5)] the terms of the contract under which the |
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distributor will act for the manufacturer; and |
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(5) [(6)] the franchised dealers with whom the |
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distributor will do business. |
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(b) An applicant for a distributor's license that has a |
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responsibility under a warranty agreement must include a statement |
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regarding the manufacturer's compliance with Subchapter I and |
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Sections 2301.451-2301.476 [provide the same information relating
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to the agreement as is provided by an applicant for a manufacturer's
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license under Section 2301.259]. |
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SECTION 10. Section 2301.264(d), Occupations Code, is |
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amended to read as follows: |
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(d) The department may refund [from funds appropriated to
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the department for that purpose] a fee collected under this chapter |
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that is not due or that exceeds the amount due. |
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SECTION 11. Section 2301.301(b), Occupations Code, is |
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amended to read as follows: |
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(b) The department [board] may issue a license for a term of |
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less than the period prescribed under Subsection (a) to coordinate |
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the expiration dates of licenses held by a person that is required |
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to obtain more than one license to perform activities under this |
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chapter. |
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SECTION 12. Section 2301.303, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.303. RENEWAL OF DEALER'S LICENSE. A dealer shall |
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renew the dealer's license on an application prescribed by the |
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department [director]. The department [director] shall include in |
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the renewal application a request for disclosure of material |
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changes described by Section 2301.257. |
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SECTION 13. Section 2301.353, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.353. PROHIBITION: PERFORMANCE OF OBLIGATION |
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UNDER AGREEMENT WITH MANUFACTURER. A franchised dealer may not |
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fail to perform an obligation placed on: |
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(1) the selling dealer in connection with the |
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preparation and delivery of a new motor vehicle for retail sale as |
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provided in the manufacturer's preparation and delivery agreements |
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[on file with the board] that are applicable to the vehicle; or |
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(2) the dealer in connection with the manufacturer's |
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warranty agreements [on file with the board]. |
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SECTION 14. Section 2301.358(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who holds a license issued under this chapter |
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may not participate in a new motor vehicle show or exhibition |
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unless: |
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(1) the person provides the department with written |
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notice [at least 30 days] before the date the show or exhibition |
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opens; and |
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(2) the department grants written approval. |
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SECTION 15. Section 2301.401, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.401. WARRANTY, PREPARATION, AND DELIVERY |
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[FILING] REQUIREMENTS. (a) On request, a [A] manufacturer or |
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distributor shall provide to [file with] the department a copy of |
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the current requirements the manufacturer or distributor imposes on |
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its dealers with respect to the dealer's: |
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(1) duties under the manufacturer's or distributor's |
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warranty; and |
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(2) vehicle preparation and delivery obligations. |
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(b) Warranty or preparation and delivery requirements |
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placed on a dealer by a manufacturer are not enforceable unless the |
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requirements are reasonable [and are disclosed and filed as
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required by Subsection (a)]. |
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SECTION 16. Section 2301.460, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.460. WARRANTY, PREPARATION, OR DELIVERY |
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AGREEMENT OBLIGATIONS. Notwithstanding the terms of any franchise, |
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a manufacturer, distributor, or representative may not, after a |
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complaint and a hearing, fail or refuse to perform an obligation |
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placed on the manufacturer in connection with the preparation, |
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delivery, and warranty of a new motor vehicle as provided in the |
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manufacturer's warranty, preparation, and delivery agreements [on
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file with the board]. |
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SECTION 17. Section 2301.461(a), Occupations Code, is |
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amended to read as follows: |
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(a) Notwithstanding the terms of any franchise or any other |
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law, a franchised dealer's preparation, delivery, and warranty |
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obligations [as filed with the board] are the dealer's sole |
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responsibility for product liability as between the dealer and a |
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manufacturer or distributor. |
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SECTION 18. Section 2301.4651(a), Occupations Code, is |
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amended to read as follows: |
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(a) This section applies to a manufacturer, distributor, or |
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representative that[:
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[(1)] terminates or discontinues a franchise by [any
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means without complying with Section 2301.453; or
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[(2)
regardless of whether the manufacturer,
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distributor, or representative complies with Section 2301.453,
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terminates or discontinues a franchise by]: |
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(1) [(A)] discontinuing a line-make; |
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(2) [(B)] ceasing to do business in this state; or |
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(3) [(C)] changing the distributor or method of |
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distribution of its products in this state. |
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SECTION 19. Sections 2301.606(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) In a hearing [before the director] under this |
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subchapter, a manufacturer, converter, or distributor may plead and |
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prove as an affirmative defense to a remedy under this subchapter |
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that a nonconformity: |
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(1) is the result of abuse, neglect, or unauthorized |
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modification or alteration of the motor vehicle; or |
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(2) does not substantially impair the use or market |
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value of the motor vehicle. |
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(c) The board or a person delegated power from the board |
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under Section 2301.154 [director] may not issue an order requiring |
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a manufacturer, converter, or distributor to make a refund or to |
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replace a motor vehicle unless: |
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(1) the owner or a person on behalf of the owner has |
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mailed written notice of the alleged defect or nonconformity to the |
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manufacturer, converter, or distributor; and |
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(2) the manufacturer, converter, or distributor has |
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been given an opportunity to cure the alleged defect or |
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nonconformity. |
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SECTION 20. Section 2301.607(c), Occupations Code, is |
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amended to read as follows: |
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(c) If [the administrative law judge does not issue] a |
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proposal for decision and recommendation for [recommend to the
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director] a final order are not issued before the 151st day after |
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the date a complaint is filed under this subchapter, the department |
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[director] shall provide written notice by certified mail to the |
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complainant and to the manufacturer, converter, or distributor of |
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the expiration of the 150-day period and of the complainant's right |
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to file a civil action. The board or a person delegated power from |
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the board under Section 2301.154 shall extend the 150-day period if |
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a delay is requested or caused by the person who filed the |
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complaint. |
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SECTION 21. Section 2301.608, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR |
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REFUND. (a) In an order issued under this subchapter, the board or |
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a person delegated power from the board under Section 2301.154 |
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[director] shall name the person responsible for paying the cost of |
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any refund or replacement. A manufacturer, converter, or |
|
distributor may not cause a franchised dealer to directly or |
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indirectly pay any money not specifically ordered by the board or a |
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person delegated power from the board under Section 2301.154 |
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[director]. |
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(b) If the board or a person delegated power from the board |
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under Section 2301.154 [director] orders a manufacturer, |
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converter, or distributor to make a refund or replace a motor |
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vehicle under this subchapter, the board or person [director] may |
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order the franchised dealer to reimburse the owner, lienholder, |
|
manufacturer, converter, or distributor only for an item or option |
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added to the vehicle by the dealer to the extent that the item or |
|
option contributed to the defect that served as the basis for the |
|
order. |
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(c) In a case involving a leased vehicle, the board or a |
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person delegated power from the board under Section 2301.154 |
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[director] may terminate the lease and apportion allowances or |
|
refunds, including the reasonable allowance for use, between the |
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lessee and lessor of the vehicle. |
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SECTION 22. Section 2301.609(a), Occupations Code, is |
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amended to read as follows: |
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(a) A party to a proceeding [before the director] under this |
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subchapter that is affected by a final order related to the |
|
proceeding [of the director] is entitled to judicial review of the |
|
order under the substantial evidence rule in a district court of |
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Travis County. |
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SECTION 23. Sections 2301.610(a) and (d), Occupations Code, |
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are amended to read as follows: |
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(a) A manufacturer, distributor, or converter that has been |
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ordered to repurchase or replace a vehicle shall, through its |
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franchised dealer, issue a disclosure statement stating that the |
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vehicle was repurchased or replaced by the manufacturer, |
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distributor, or converter under this subchapter. The statement |
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must accompany the vehicle through the first retail purchase |
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following the issuance of the statement and must include the |
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[board's] toll-free telephone number described by Subsection (d) |
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that will enable the purchaser to obtain information about the |
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condition or defect that was the basis of the order for repurchase |
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or replacement. |
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(d) The department [board] shall maintain a toll-free |
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telephone number to provide information to a person who requests |
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information about a condition or defect that was the basis for |
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repurchase or replacement by an order issued under this chapter [of
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the director]. The department [board] shall maintain an effective |
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method of providing information to a person who makes a request. |
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SECTION 24. Section 2301.651(d), Occupations Code, is |
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amended to read as follows: |
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(d) A license may not be denied, revoked, or suspended, and |
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disciplinary action may not be taken under this subchapter, unless |
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the respondent is given an opportunity for a hearing. The board may |
|
deny, revoke, or suspend a license or take disciplinary action by |
|
[except on] order only [of the board] after the department grants |
|
the respondent an opportunity for a hearing. |
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SECTION 25. Section 2301.703(a), Occupations Code, is |
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amended to read as follows: |
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(a) A hearing [shall be conducted in any contested case] |
|
arising under this chapter or a board rule adopted under this |
|
chapter[. The hearing] must be conducted in accordance with this |
|
chapter, any order, decision, or rule of the board, and Chapter |
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2001, Government Code. |
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SECTION 26. Section 2301.709, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.709. [PROPOSED DECISION;] REVIEW BY BOARD. (a) |
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[In a contested case, the administrative law judge shall serve on
|
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each party a copy of the administrative law judge's proposal for
|
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decision and recommended order containing findings of fact and
|
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conclusions of law.
A party may file exceptions and replies to the
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board.
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[(b)] In reviewing a [the] case under this subchapter, the |
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board or a person delegated power from the board under Section |
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2301.154 may consider only materials that are submitted timely. |
|
(b) [(c)] The board or a person delegated power from the |
|
board under Section 2301.154 may hear such oral argument from any |
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party as the board may allow. |
|
(c) [(d)] The board or a person delegated power from the |
|
board under Section 2301.154 shall take any further action |
|
conducive to the issuance of a final order and shall issue a written |
|
final decision or order. A majority vote of a quorum of the board is |
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required to adopt a final decision or order of the board. |
|
SECTION 27. Section 2301.710, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.710. DISMISSAL OF COMPLAINT. On the motion of any |
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party, the board or other person delegated final order authority |
|
under Section 2301.154, without holding a contested case hearing, |
|
may issue a final order dismissing a complaint, protest, or |
|
response in accordance with the terms and procedures set forth in |
|
the [Rule 166a,] Texas Rules of Civil Procedure[, or its
|
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successor]. |
|
SECTION 28. Section 2301.711, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.711. ORDERS AND DECISIONS. (a) The board or |
|
other person delegated final order authority under Section 2301.154 |
|
shall issue final orders for the implementation and enforcement of |
|
this chapter and Chapter 503, Transportation Code. |
|
(b) An order or decision under this chapter [of the board] |
|
must: |
|
(1) include a separate finding of fact with respect to |
|
each specific issue [the board is] required by law to be considered |
|
[consider] in reaching a decision; |
|
(2) set forth additional findings of fact and |
|
conclusions of law on which the order or decision is based; |
|
(3) give the reasons for the particular actions taken; |
|
and |
|
(4) be signed by the presiding officer or assistant |
|
presiding officer for the board or other person delegated final |
|
order authority under Section 2301.154[;
|
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[(5) be attested to by the director; and
|
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[(6) have the seal affixed to it]. |
|
SECTION 29. Section 2301.712(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) If a person who brings a complaint under Subchapter M |
|
prevails in the case, the board or a person delegated power from the |
|
board under Section 2301.154 shall order the nonprevailing party in |
|
the case to reimburse the amount of the filing fee for the case. |
|
SECTION 30. Section 2301.713, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.713. REHEARING. (a) Except as provided by |
|
Subsection (b), a [A] party who seeks a rehearing of an order shall |
|
seek the rehearing in accordance with Chapter 2001, Government |
|
Code. |
|
(b) The board by rule may establish a procedure to allow |
|
parties to contested cases in which the final order is issued by a |
|
person to whom final order authority is delegated under Section |
|
2301.154 to file motions for rehearing with the board. |
|
SECTION 31. Section 2301.751(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A party to a proceeding affected by a final order, rule, |
|
or decision or other final action of the board [or director under
|
|
this chapter or under another law] with respect to a matter arising |
|
under this chapter or Chapter 503, Transportation Code, may seek |
|
judicial review of the action under the substantial evidence rule |
|
in: |
|
(1) a district court in Travis County; or |
|
(2) the court of appeals for the Third Court of Appeals |
|
District. |
|
SECTION 32. Section 2301.752(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) Citation for an appeal must be served on the executive |
|
director or the executive director's designee and each party of |
|
record in the matter. For an appeal initiated in the court of |
|
appeals, the court shall cause the citation to be issued. |
|
SECTION 33. Sections 2301.802(d) and (e), Occupations Code, |
|
are amended to read as follows: |
|
(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 chapter. |
|
(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 chapter. An |
|
appeal of a permanent cease and desist order is made in the same |
|
manner as an appeal of a final order under this chapter. |
|
SECTION 34. Section 2301.803(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) On the initiation of a [board] proceeding under this |
|
chapter or Chapter 503, Transportation Code, whether by complaint, |
|
protest, or otherwise, a person who receives notice from the board |
|
of a statutory stay imposed by this chapter may not allow or commit |
|
any act or omission that would: |
|
(1) violate this chapter, Chapter 503, Transportation |
|
Code, [or] any rule, order, or decision of the board, or an order or |
|
decision of a person delegated power from the board under Section |
|
2301.154; |
|
(2) affect a legal right, duty, or privilege of any |
|
party to a proceeding under this chapter or Chapter 503, |
|
Transportation Code [before the board]; or |
|
(3) tend to render ineffectual an [a board] order in a |
|
pending proceeding. |
|
SECTION 35. Sections 2301.804(a) and (b), Occupations Code, |
|
are amended to read as follows: |
|
(a) If it appears that a person has violated, is violating, |
|
or is threatening to violate this chapter, Chapter 503, |
|
Transportation Code, [or] a board rule adopted under this chapter |
|
or Chapter 503, Transportation Code, or an order issued under this |
|
chapter or Chapter 503, Transportation Code, the board or the |
|
executive director, if authorized by the presiding officer of the |
|
board, may cause a suit to be instituted in a court for: |
|
(1) injunctive relief to restrain the person from |
|
committing the violation or threat of violation; |
|
(2) imposition of a civil penalty; or |
|
(3) both injunctive relief and a civil penalty. |
|
(b) At the request of the board or the executive director, |
|
if authorized by the presiding officer of the board, the attorney |
|
general shall bring in the name of the state a suit for an |
|
injunction or a civil penalty as described by Subsection (a). |
|
SECTION 36. Section 2302.103(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) To apply for a salvage vehicle dealer license, a person |
|
must submit to the department an application on a form prescribed by |
|
the department[. The application must be signed by the applicant] |
|
and [accompanied by] the application fee. |
|
SECTION 37. Section 2305.001, Occupations Code, is amended |
|
by adding Subdivisions (5) and (6) to read as follows: |
|
(5) "Board" means the board of the Texas Department of |
|
Motor Vehicles. |
|
(6) "Department" means the Texas Department of Motor |
|
Vehicles. |
|
SECTION 38. Section 2305.007(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b), for the purpose of |
|
enforcing or administering this chapter, Chapter 2302 of this code, |
|
or Chapter 501 or 502, Transportation Code, a member of the board |
|
[Texas Transportation Commission], an employee of the department |
|
[Texas Transportation Commission or Texas Department of
|
|
Transportation], a member of the Public Safety Commission, an |
|
officer of the Department of Public Safety, or another peace |
|
officer who is interested in tracing or locating a stolen motor |
|
vehicle may at a reasonable time: |
|
(1) enter the premises of a business regulated under |
|
one of those chapters; and |
|
(2) inspect or copy any document, record, vehicle, |
|
part, or other item regulated under one of those chapters. |
|
SECTION 39. The heading to Subchapter L, Chapter 201, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER L. ELECTRONIC ISSUANCE OF OUTDOOR ADVERTISING LICENSES |
|
SECTION 40. Section 201.931(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "License" means [includes:
|
|
[(A)
a permit issued by the department that
|
|
authorizes the operation of a vehicle and its load or a combination
|
|
of vehicles and load exceeding size or weight limitations; and
|
|
[(B)] a license or permit for outdoor advertising |
|
issued under Chapter 391 or 394. |
|
SECTION 41. Section 501.021(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A motor vehicle title issued by the department must |
|
include: |
|
(1) the legal name and address of each purchaser and |
|
seller at the first sale or a subsequent sale; |
|
(2) the make of the motor vehicle; |
|
(3) the body type of the vehicle; |
|
(4) the manufacturer's permanent vehicle |
|
identification number of the vehicle or the vehicle's motor number |
|
if the vehicle was manufactured before the date that stamping a |
|
permanent identification number on a motor vehicle was universally |
|
adopted; |
|
(5) the serial number for the vehicle; |
|
(6) the name and address of each lienholder and the |
|
date of each lien on the vehicle, listed in the chronological order |
|
in which the lien was recorded; |
|
(7) a statement indicating rights of survivorship |
|
under Section 501.031; |
|
(8) if the vehicle has an odometer, the odometer |
|
reading at the time of application for the title; and |
|
(9) any other information required by the department. |
|
SECTION 42. Sections 501.022(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) The owner of a motor vehicle registered in this state: |
|
(1) except as provided by Section 501.029, shall apply |
|
for title to the vehicle; and |
|
(2) may not operate or permit the operation of the |
|
vehicle on a public highway until the owner [obtains]: |
|
(A) applies for title and registration for the |
|
vehicle; or |
|
(B) obtains a receipt evidencing title for |
|
registration purposes only under Section 501.029. |
|
(b) A person may not operate a motor vehicle registered in |
|
this state on a public highway if the person knows or has reason to |
|
believe that the owner has not applied for [obtained] a title for |
|
the vehicle. |
|
SECTION 43. Section 501.023(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The owner of a motor vehicle must present identification |
|
and apply for a title as prescribed by the department, unless |
|
otherwise exempted by law. To obtain a title, the owner must |
|
apply: |
|
(1) to the county assessor-collector in the county in |
|
which: |
|
(A) the owner is domiciled; or |
|
(B) the motor vehicle is purchased or encumbered; |
|
[or] |
|
(2) if the county in which the owner resides has been |
|
declared by the governor as a disaster area, to the county |
|
assessor-collector in one of the closest unaffected counties to a |
|
county that asks for assistance and: |
|
(A) continues to be declared by the governor as a |
|
disaster area because the county has been rendered inoperable by |
|
the disaster; and |
|
(B) is inoperable for a protracted period of |
|
time; or |
|
(3) if the county assessor-collector's office of the |
|
county in which the owner resides is closed for a protracted period |
|
of time as defined by the department, to the county |
|
assessor-collector of a county that borders the county in which the |
|
owner resides who agrees to accept the application. |
|
SECTION 44. 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. |
|
SECTION 45. Section 501.024(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) A title receipt with registration or permit authorizes |
|
the operation of the motor vehicle on a public highway in this state |
|
[for 10 days or] until the title is issued[, whichever period is
|
|
shorter]. |
|
SECTION 46. Sections 501.031(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The department shall include on each title an optional |
|
rights of survivorship agreement that: |
|
(1) provides that if the agreement is between two or |
|
more eligible persons, the motor vehicle will be owned [is held
|
|
jointly] by the surviving owners when one or more of the owners die |
|
[those persons with the interest of a person who dies to transfer to
|
|
the surviving person or persons]; and |
|
(2) provides for the acknowledgment by signature, |
|
either electronically or by hand, of the persons. |
|
(c) Ownership of the vehicle may be transferred only: |
|
(1) by all the persons acting jointly, if all the |
|
persons are alive; or [and] |
|
(2) on the death of one of the persons, by the |
|
surviving person or persons by transferring ownership of the |
|
vehicle, in the manner otherwise required by law, with a copy of the |
|
death certificate of the deceased person. |
|
SECTION 47. Section 501.032, Transportation Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(d) to read as follows: |
|
(a) On proper application, the department shall assign a |
|
vehicle identification number to a travel trailer, a trailer or |
|
semitrailer [that has a gross vehicle weight that exceeds 4,000
|
|
pounds], a frame, or an item of equipment, including a tractor, farm |
|
implement, unit of special mobile equipment, or unit of off-road |
|
construction equipment [on which]: |
|
(1) on which a vehicle identification number was not |
|
die-stamped by the manufacturer; [or] |
|
(2) on which a vehicle identification number |
|
die-stamped by the manufacturer has been lost, removed, or |
|
obliterated; or |
|
(3) for which a vehicle identification number was |
|
never assigned. |
|
(b) The applicant shall die-stamp the assigned vehicle |
|
identification number at the place designated by the department on |
|
the travel trailer, trailer, semitrailer, frame, or equipment. |
|
(d) Only the department may issue vehicle identification |
|
numbers. |
|
SECTION 48. Section 501.033(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person determined by law enforcement or a court to be |
|
the owner of a motor vehicle, travel trailer, semitrailer, or |
|
trailer, a part of a motor vehicle, travel trailer, semitrailer, or |
|
trailer, a frame, or an item of equipment including a tractor, farm |
|
implement, unit of special mobile equipment, or unit of off-road |
|
construction equipment may apply to the department for an assigned |
|
vehicle identification number that has been removed, altered, [or] |
|
obliterated, or has never been assigned. |
|
SECTION 49. Subchapter B, Chapter 501, Transportation Code, |
|
is amended by adding Section 501.037 to read as follows: |
|
Sec. 501.037. TITLE FOR TRAILERS. (a) Notwithstanding any |
|
other provision of this chapter, the department may issue a title |
|
for a trailer that has a gross vehicle weight of 4,000 pounds or |
|
less if all other requirements for issuance of a title are met. |
|
(b) To obtain a title under this section, the owner of the |
|
trailer must: |
|
(1) apply for the title in the manner required by |
|
Section 501.023; and |
|
(2) pay the fee required by Section 501.138. |
|
SECTION 50. The heading to Subchapter C, Chapter 501, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER C. REFUSAL TO ISSUE, [AND] REVOCATION, [OR] SUSPENSION, |
|
OR ALTERATION OF CERTIFICATE |
|
SECTION 51. Section 501.051(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department may rescind, cancel, or revoke an |
|
application for a title if a notarized or county-stamped affidavit |
|
is presented containing: |
|
(1) a statement that the vehicle involved was a new |
|
motor vehicle in the process of a first sale; |
|
(2) a statement that the dealer, the applicant, and |
|
any lienholder have canceled the sale; |
|
(3) a statement that the vehicle: |
|
(A) was never in the possession of the title |
|
applicant; or |
|
(B) was in the possession of the title applicant; |
|
and |
|
(4) the signatures of the dealer, the applicant, and |
|
any lienholder. |
|
SECTION 52. Section 501.052(e), Transportation Code, is |
|
amended to read as follows: |
|
(e) An applicant aggrieved by the determination under |
|
Subsection (d) may appeal only to the county or district court of |
|
the county of the applicant's residence. An applicant must file an |
|
appeal not later than the fifth day after the date of the |
|
assessor-collector's determination. The [county court] judge |
|
shall try the appeal in the manner of other civil cases. All rights |
|
and immunities granted in the trial of a civil case are available to |
|
the interested parties. If the department's action is not |
|
sustained, the department shall promptly issue a title for the |
|
vehicle. |
|
SECTION 53. Subchapter C, Chapter 501, Transportation Code, |
|
is amended by adding Section 501.0521 to read as follows: |
|
Sec. 501.0521. COURT ORDERED TITLE CHANGES. (a) A justice |
|
of the peace or municipal court judge may not issue an order related |
|
to a title except as provided by Chapter 47, Code of Criminal |
|
Procedure, or Section 27.031(a)(3), Government Code. |
|
(b) A county or district court judge may not order the |
|
department to change the type of title for: |
|
(1) a nonrepairable vehicle titled after September 1, |
|
2003; or |
|
(2) a vehicle for which the department has issued a |
|
certificate of authority under Section 683.054. |
|
SECTION 54. Section 501.053(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) As an alternative to the procedure provided by Section |
|
501.052, the person may obtain a title by filing [file] a bond with |
|
the department if the vehicle is in the possession of the applicant |
|
and: |
|
(1) there is no security interest on the vehicle; |
|
(2) any lien on the vehicle is at least 10 years old; |
|
or |
|
(3) the person provides a release of all liens with |
|
bond. [On the filing of the bond the person may obtain a title.] |
|
SECTION 55. Section 501.076(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The person named as the agent in the limited power of |
|
attorney must meet the following requirements: |
|
(1) the person may be a person who has been deputized |
|
[appointed by the commissioners court as a deputy] to perform |
|
vehicle registration functions as authorized by rules adopted under |
|
Section 520.0071 [520.0091], a licensed vehicle auction company |
|
holding a wholesale general distinguishing number under Section |
|
503.022, a person who has a permit similar to one of the foregoing |
|
that is issued by the state in which the owner is located, or |
|
another person authorized by law to execute title documents in the |
|
state in which the owner executes the documents; and |
|
(2) the person may not be the transferee or an employee |
|
of the transferee. The person may not act as the agent of both the |
|
transferor and transferee in the transaction. For the purposes of |
|
this section, a person is not the agent of both the transferor and |
|
transferee in a transaction unless the person has the authority to |
|
sign the documents pertaining to the transfer of title on behalf of |
|
both the transferor and the transferee. |
|
SECTION 56. Section 501.095(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A person [An owner], other than a salvage vehicle |
|
dealer, a used automotive parts recycler, or an insurance company |
|
licensed to do business in this state, who acquired ownership of a |
|
nonrepairable or salvage motor vehicle that has not been issued a |
|
nonrepairable vehicle title, nonrepairable record of title, |
|
salvage vehicle title, salvage record of title, or a comparable |
|
ownership document issued by another state or jurisdiction shall, |
|
before selling the motor vehicle, surrender the properly assigned |
|
title for the motor vehicle to the department and apply to the |
|
department for the appropriate ownership document. |
|
SECTION 57. Sections 501.100(a) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(a) The owner of a motor [A] vehicle for which a |
|
nonrepairable vehicle [certificate of] title issued prior to |
|
September 1, 2003, or for which a salvage vehicle title or salvage |
|
record of title has been issued may apply for [obtain] a title after |
|
the motor vehicle has been repaired, rebuilt, or reconstructed and, |
|
in addition to any other requirement of law, only if the |
|
application: |
|
(1) describes each major component part used to repair |
|
the motor vehicle; |
|
(2) states the name of each person from whom the parts |
|
used in assembling the vehicle were obtained; and |
|
(3) shows the identification number required by |
|
federal law to be affixed to or inscribed on the part. |
|
(d) In addition to the fee described by Subsection (b), the |
|
applicant shall pay a $65 rebuilder fee. The applicant shall |
|
include the fee with the statement submitted under Section 502.156 |
|
for the vehicle. |
|
SECTION 58. Section 501.138(b-2), Transportation Code, is |
|
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. |
|
SECTION 59. Subchapter G, Chapter 501, Transportation Code, |
|
is amended by adding Section 501.139 to read as follows: |
|
Sec. 501.139. ELECTRONIC FUNDS TRANSFER. A county |
|
assessor-collector that transfers money to the department under |
|
this chapter shall transfer the money electronically. |
|
SECTION 60. Section 501.146, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A late fee imposed under this section may not exceed |
|
$250. |
|
SECTION 61. Section 501.173, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) In addition to other title fees, the board by rule may |
|
set a fee to be assessed for the issuance of a paper title to cover |
|
the cost of administering the electronic titling system. |
|
SECTION 62. Section 502.001, Transportation Code, is |
|
amended by amending Subdivision (7) and adding Subdivision (39-a) |
|
to read as follows: |
|
(7) "Commercial motor vehicle" means a [commercial] |
|
motor vehicle, other than a motorcycle, designed or used primarily |
|
to transport property. The term includes a passenger car |
|
reconstructed and used primarily for delivery purposes. The term |
|
does not include a passenger car used to deliver the United States |
|
mail [as defined by Section 644.001]. |
|
(39-a) "Shipping weight" means the weight generally |
|
accepted as the empty weight of a vehicle. |
|
SECTION 63. Sections 502.040(b) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(b) The application must be accompanied by personal |
|
identification as determined by department rule and made in a |
|
manner prescribed by the department: |
|
(1) through the county assessor-collector of the |
|
county in which the owner resides; [or] |
|
(2) if the county in which the owner resides has been |
|
declared by the governor as a disaster area, through the county |
|
assessor-collector of a county that is one of the closest |
|
unaffected counties to a county that asks for assistance and: |
|
(A) continues to be declared by the governor as a |
|
disaster area because the county has been rendered inoperable by |
|
the disaster; and |
|
(B) is inoperable for a protracted period of |
|
time; or |
|
(3) if the county assessor-collector's office in which |
|
the owner resides is closed for a protracted period of time as |
|
defined by the department, to the county assessor-collector of a |
|
county that borders the county in which the owner resides who agrees |
|
to accept the application. |
|
(d) A county assessor-collector, a deputy county |
|
assessor-collector, or a person acting on behalf of a county |
|
assessor-collector is not liable to any person for: |
|
(1) refusing to register a [motor] vehicle because of |
|
the person's failure to submit evidence of residency that complies |
|
with the department's rules; or |
|
(2) registering a [motor] vehicle under this section. |
|
SECTION 64. The heading to Section 502.043, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.043. APPLICATION FOR REGISTRATION AND CERTAIN |
|
PERMITS. |
|
SECTION 65. Section 502.043, Transportation Code, is |
|
amended by amending Subsections (a), (b), and (c) and adding |
|
Subsection (c-1) to read as follows: |
|
(a) An application for vehicle registration or a permit |
|
described by Section 502.094 or 502.095 must: |
|
(1) be made in a manner prescribed and include the |
|
information required by the department by rule; and |
|
(2) contain a full description of the vehicle as |
|
required by department rule. |
|
(b) The department shall deny the registration of or |
|
permitting under Section 502.094 or 502.095 of a commercial motor |
|
vehicle, truck-tractor, trailer, or semitrailer if the applicant: |
|
(1) has a business operated, managed, or otherwise |
|
controlled or affiliated with a person who is ineligible for |
|
registration or whose privilege to operate has been suspended, |
|
including the applicant entity, a relative, family member, |
|
corporate officer, or shareholder; |
|
(2) has a vehicle that has been prohibited from |
|
operating by the Federal Motor Carrier Safety Administration for |
|
safety-related reasons; |
|
(3) is a carrier whose business is operated, managed, |
|
or otherwise controlled or affiliated with a person who is |
|
ineligible for registration, including the owner, a relative, a |
|
family member, a corporate officer, or a shareholder; or |
|
(4) fails to deliver to the county assessor-collector |
|
proof of the weight of the vehicle, the maximum load to be carried |
|
on the vehicle, and the gross weight for which the vehicle is to be |
|
registered. |
|
(c) In lieu of filing an application during a year as |
|
provided by Subsection (a), the owner of a vehicle registered in any |
|
state for that year or the preceding year may present: |
|
(1) the registration receipt and transfer receipt for |
|
the vehicle; or |
|
(2) other evidence satisfactory to the county |
|
assessor-collector that the person owns the vehicle[, if any]. |
|
(c-1) A [The] county assessor-collector shall accept a |
|
[the] receipt or evidence provided under Subsection (c) as an |
|
application for renewal of the registration if the receipt or |
|
evidence indicates the applicant owns the vehicle. This section |
|
allows issuance for registration purposes only but does not |
|
authorize the department to issue a title. |
|
SECTION 66. The heading to Section 502.055, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.055. DETERMINATION OF WEIGHT AND SEATING CAPACITY. |
|
SECTION 67. Section 502.055, Transportation Code, is |
|
amended by adding Subsections (c) and (d) to read as follows: |
|
(c) For the purposes of this section, the seating capacity |
|
of a bus is: |
|
(1) the manufacturer's rated seating capacity, |
|
excluding the operator's seat; or |
|
(2) if the manufacturer has not rated the vehicle for |
|
seating capacity, a number computed by allowing one passenger for |
|
each 16 inches of seating on the bus, excluding the operator's seat. |
|
(d) For registration purposes: |
|
(1) the weight of a passenger car is the shipping |
|
weight of the car plus 100 pounds; and |
|
(2) the weight of a municipal bus or private bus is |
|
calculated by adding the following and rounding to the next highest |
|
100 pounds: |
|
(A) the shipping weight of the bus; and |
|
(B) the seating capacity multiplied by 150 |
|
pounds. |
|
SECTION 68. Section 502.092(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department shall issue a receipt for a permit issued |
|
[distinguishing insignia for a vehicle issued a permit] under this |
|
section in a manner provided by the department. The permit receipt |
|
must contain the information required by this section and be |
|
carried in the vehicle for which it is issued at all times during |
|
which it is valid. [The insignia must be attached to the vehicle in
|
|
lieu of regular license plates and must show the permit expiration
|
|
date.] A permit issued under this section is valid until the |
|
earlier of: |
|
(1) the date the vehicle's registration in the owner's |
|
home state or country expires; or |
|
(2) the 30th day after the date the permit is issued. |
|
SECTION 69. Sections 502.094(c) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(c) A person may obtain a permit under this section by: |
|
(1) applying to the county assessor-collector or [,] |
|
the department[, or the department's wire service agent, if the
|
|
department has a wire service agent]; |
|
(2) paying a fee of $25 for a 72-hour permit or $50 for |
|
a 144-hour permit in the manner prescribed by the department that |
|
may include a service charge for a credit card payment or escrow |
|
account; |
|
(3) furnishing to the county assessor-collector or [,] |
|
the department[, or the department's wire service agent,] evidence |
|
of financial responsibility for the vehicle that complies with |
|
Sections 502.046(c) and 601.168(a); and |
|
(4) submitting a copy of the applicable federal |
|
declaration form required by the Federal Motor Carrier Safety |
|
Administration or its successor in connection with the importation |
|
of a motor vehicle or motor vehicle equipment subject to the federal |
|
motor vehicle safety, bumper, and theft prevention standards. |
|
(d) A county assessor-collector shall report and send a fee |
|
collected under this section in the manner provided by Section |
|
502.198. [Each week, a wire service agent shall send to the
|
|
department a report of all permits issued by the agent during the
|
|
previous week.] The board by rule shall prescribe the format and |
|
content of a report required by this subsection. |
|
SECTION 70. Section 502.168, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.168. FEE: MOTOR BUS. The fee for a registration |
|
year for registration of a motor bus is the fee prescribed by |
|
Section 502.252 [502.161] or 502.253 [502.162], as applicable. |
|
SECTION 71. Subchapter E, Chapter 502, Transportation Code, |
|
is amended by adding Section 502.199 to read as follows: |
|
Sec. 502.199. ELECTRONIC FUNDS TRANSFER. A county |
|
assessor-collector that transfers money to the department under |
|
this chapter shall transfer the money electronically. |
|
SECTION 72. Section 502.433(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The registration fee for a commercial motor vehicle as a |
|
farm vehicle is 50 percent of the applicable fee under Section |
|
502.252 or 502.253, as applicable, if the vehicle's owner will use |
|
the vehicle for commercial purposes only to transport: |
|
(1) the person's own poultry, dairy, livestock, |
|
livestock products, timber in its natural state, or farm products |
|
to market or another place for sale or processing; |
|
(2) laborers from their place of residence to the |
|
owner's farm or ranch; or |
|
(3) without charge, materials, tools, equipment, or |
|
supplies from the place of purchase or storage to the owner's farm |
|
or ranch exclusively for the owner's use or for use on the farm or |
|
ranch. |
|
SECTION 73. Section 502.473(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) A court may dismiss a charge brought under Subsection |
|
(a) if the defendant pays an administrative fee not to exceed $10 |
|
and: |
|
(1) remedies the defect before the defendant's first |
|
court appearance; or |
|
(2) shows that the motor vehicle was issued a |
|
registration insignia by the department that was attached to the |
|
motor vehicle, establishing that the vehicle was registered for the |
|
period during which the offense was committed[; and
|
|
[(2) pays an administrative fee not to exceed $10]. |
|
SECTION 74. Subchapter K, Chapter 502, Transportation Code, |
|
is amended by adding Section 502.4755 to read as follows: |
|
Sec. 502.4755. DECEPTIVELY SIMILAR INSIGNIA. (a) A person |
|
commits an offense if the person: |
|
(1) manufactures, sells, or possesses a registration |
|
insignia deceptively similar to the registration insignia of the |
|
department; or |
|
(2) makes a copy or likeness of an insignia |
|
deceptively similar to the registration insignia of the department |
|
with intent to sell the copy or likeness. |
|
(b) For the purposes of this section, an insignia is |
|
deceptively similar to the registration insignia of the department |
|
if the insignia is not prescribed by the department but a reasonable |
|
person would presume that it was prescribed by the department. |
|
(c) A district or county court, on application of the |
|
attorney general or of the district attorney or prosecuting |
|
attorney performing the duties of the district attorney for the |
|
district in which the court is located, may enjoin a violation or |
|
threatened violation of this section on a showing that a violation |
|
has occurred or is likely to occur. |
|
(d) It is an affirmative defense to a prosecution under this |
|
section that the insignia was produced pursuant to a licensing |
|
agreement with the department. |
|
(e) An offense under this section is: |
|
(1) a felony of the third degree if the person |
|
manufactures or sells a deceptively similar registration insignia; |
|
or |
|
(2) a Class C misdemeanor if the person possesses a |
|
deceptively similar registration insignia, except that the offense |
|
is a Class B misdemeanor if the person has previously been convicted |
|
of an offense under this subdivision. |
|
SECTION 75. Section 502.491, Transportation Code, as |
|
redesignated from Section 502.451, Transportation Code, by Chapter |
|
1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session, |
|
2011, is reenacted to incorporate amendments to Section 502.451, |
|
Transportation Code, made by Chapters 432 (S.B. 1057) and 1296 |
|
(H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011, |
|
and amended to read as follows: |
|
Sec. 502.491. TRANSFER OF VEHICLE REGISTRATION. (a) On the |
|
sale or transfer of a [motor] vehicle, the registration insignia |
|
issued for the [motor] vehicle shall be removed. The registration |
|
period remaining at the time of sale or transfer expires at the time |
|
of sale or transfer. |
|
[(a-1)
On the sale of a used motor vehicle by a dealer, the
|
|
dealer shall issue to the buyer new registration documents for an
|
|
entire registration year.] |
|
(b) On a sale or transfer of a [motor] vehicle in which |
|
neither party holds a general distinguishing number issued under |
|
Chapter 503, the part of the registration period remaining at the |
|
time of the sale or transfer shall continue with the vehicle being |
|
sold or transferred and does not transfer with the license plates or |
|
registration validation insignia. To continue the remainder of the |
|
registration period, the purchaser or transferee must file the |
|
documents required under Section 501.145. |
|
(c) On the sale or transfer of a [motor] vehicle to a dealer, |
|
as defined by Section 503.001, who holds a general distinguishing |
|
number issued under Chapter 503, the registration period remaining |
|
at the time of the sale or transfer expires at the time of the sale |
|
or transfer. On the sale of a used [motor] vehicle by a dealer, the |
|
dealer shall issue to the buyer new registration documents for an |
|
entire registration year. |
|
(d) If the transferor has paid for more than one year of |
|
registration, the department may credit the transferor for any time |
|
remaining on the registration in annual increments. |
|
SECTION 76. Sections 503.009(a), (c), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(a) The board [department's Motor Vehicle Board] may |
|
conduct hearings in contested cases brought under this chapter |
|
[and] as provided by this chapter and Chapter 2301, Occupations |
|
Code. |
|
(c) A decision or final order issued under this section is |
|
final and may not be appealed, as a matter of right, to the board |
|
[commission]. |
|
(d) The board [department's Motor Vehicle Board] may adopt |
|
rules for the procedure, a hearing, or an enforcement proceeding |
|
for an action brought under this section. |
|
SECTION 77. Section 504.202(e), Transportation Code, is |
|
amended to read as follows: |
|
(e) Other than license plates issued under Subsection (h), |
|
license plates issued under this section must include: |
|
(1) the letters "DV" [as a prefix or suffix to any
|
|
numeral] on the plate if the plate is issued for a vehicle other |
|
than a motorcycle; and |
|
(2) the words "Disabled Veteran" and "U.S. Armed |
|
Forces" at the bottom of each license plate. |
|
SECTION 78. Section 504.306, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.306. MEMBERS AND FORMER MEMBERS OF [PERSONS
|
|
RETIRED FROM SERVICE IN] MERCHANT MARINE OF THE UNITED STATES. The |
|
department shall issue specialty license plates for members and |
|
former members of [persons retired from service in] the merchant |
|
marine of the United States. The license plates must include the |
|
words "Merchant Marine." |
|
SECTION 79. Section 504.610(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may [shall] issue specialty license |
|
plates in recognition of the Texas Aerospace Commission. [including
|
|
the words "Texas Aerospace Commission."] The department shall |
|
design the license plates in consultation with the Texas Aerospace |
|
Commission. |
|
SECTION 80. Section 504.652(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) After deduction of the department's administrative |
|
costs, the remainder of the fee for issuance of the license plates |
|
shall be deposited to the credit of an account in the general |
|
revenue fund. Money in the account may be used only by Texas A&M |
|
AgriLife [Cooperative] Extension for graduate student |
|
assistantships within the Texas Master Gardener program and to |
|
support Texas A&M AgriLife [Cooperative] Extension's activities |
|
related to the Texas Master Gardener program. |
|
SECTION 81. Subchapter G, Chapter 504, Transportation Code, |
|
is amended by adding Section 504.663 to read as follows: |
|
Sec. 504.663. BIG BROTHERS BIG SISTERS LICENSE PLATES. (a) |
|
The department shall issue specialty license plates in recognition |
|
of the mentoring efforts of Big Brothers Big Sisters of America |
|
organizations operating in this state. The department shall design |
|
the license plates in consultation with a representative from a Big |
|
Brothers Big Sisters of America organization operating in this |
|
state and the attorney general. |
|
(b) After deduction of the department's administrative |
|
costs, the remainder of the fee for issuance of the license plates |
|
shall be deposited to the credit of the Specialty License Plates |
|
General Account in the general revenue fund. Money deposited to the |
|
credit of the Specialty License Plates General Account under this |
|
section may be used only by the attorney general to provide grants |
|
to benefit Big Brothers Big Sisters of America organizations |
|
operating in this state. |
|
SECTION 82. Section 504.901, Transportation Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) This section applies only to: |
|
(1) a passenger vehicle with a gross weight of 6,000 |
|
pounds or less; and |
|
(2) a light truck with a gross weight of 10,000 pounds |
|
or less. |
|
SECTION 83. Section 504.945(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) A court may dismiss a charge brought under Subsection |
|
(a)(3), (5), (6), or (7) if the defendant: |
|
(1) remedies the defect before the defendant's first |
|
court appearance; [and] |
|
(2) pays an administrative fee not to exceed $10; and |
|
(3) shows that the vehicle was issued a plate by the |
|
department that was attached to the vehicle, establishing that the |
|
vehicle was registered for the period during which the offense was |
|
committed. |
|
SECTION 84. Subchapter L, Chapter 504, Transportation Code, |
|
is amended by adding Sections 504.946, 504.947, and 504.948 to read |
|
as follows: |
|
Sec. 504.946. DECEPTIVELY SIMILAR LICENSE PLATE. (a) A |
|
person commits an offense if the person: |
|
(1) manufactures, sells, or possesses a license plate |
|
deceptively similar to a license plate issued by the department; or |
|
(2) makes a copy or likeness of a license plate |
|
deceptively similar to a license plate issued by the department |
|
with intent to sell the copy or likeness. |
|
(b) For the purposes of this section, a license plate is |
|
deceptively similar to a license plate issued by the department if |
|
it is not prescribed by the department but a reasonable person would |
|
presume that it was prescribed by the department. |
|
(c) A district or county court, on application of the |
|
attorney general or of the district attorney or prosecuting |
|
attorney performing the duties of the district attorney for the |
|
district in which the court is located, may enjoin a violation or |
|
threatened violation of this section on a showing that a violation |
|
has occurred or is likely to occur. |
|
(d) It is an affirmative defense to a prosecution under this |
|
section that the license plate was produced pursuant to a licensing |
|
agreement with the department. |
|
(e) An offense under this section is: |
|
(1) a felony of the third degree if the person |
|
manufactures or sells a deceptively similar license plate; or |
|
(2) a Class C misdemeanor if the person possesses a |
|
deceptively similar license plate, except that the offense is a |
|
Class B misdemeanor if the person has previously been convicted of |
|
an offense under this subdivision. |
|
Sec. 504.947. LICENSE PLATE FLIPPER; OFFENSE. (a) In this |
|
section "license plate flipper" means a manual, electric, or |
|
mechanical device designed or adapted to be installed on a motor |
|
vehicle and: |
|
(1) switch between two or more license plates for the |
|
purpose of allowing a motor vehicle operator to change the license |
|
plate displayed on the operator's vehicle; or |
|
(2) hide a license plate from view by flipping the |
|
license plate so that the license plate number is not visible. |
|
(b) A person commits an offense if the person with criminal |
|
negligence uses, purchases, possesses, manufactures, sells, offers |
|
to sell, or otherwise distributes a license plate flipper. An |
|
offense under this subsection is a Class C misdemeanor, except that |
|
the offense is a Class B misdemeanor if the person has previously |
|
been convicted of an offense under this subsection. |
|
Sec. 504.948. GENERAL PENALTY. (a) A person commits an |
|
offense if the person violates a provision of this chapter and no |
|
other penalty is prescribed for the violation. |
|
(b) An offense under Subsection (a) is a misdemeanor |
|
punishable by a fine of not less than $5 or more than $200. |
|
SECTION 85. Section 520.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 520.001. DEFINITIONS [DEFINITION]. In this chapter: |
|
(1) "Board" means the board of the Texas Department of |
|
Motor Vehicles. |
|
(2) "Department"[, "department"] means the Texas |
|
Department of Motor Vehicles. |
|
SECTION 86. Section 520.003, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 520.003. RULES; [WAIVER OF] FEES; REFUNDS. (a) The |
|
department may adopt rules to administer this chapter, including |
|
rules that: |
|
(1) waive the payment of fees if a dealer has gone out |
|
of business and the applicant can show that fees were paid to the |
|
dealer; and |
|
(2) allow full and partial refunds for rejected |
|
titling and registration transactions. |
|
(b) The department may collect from a person making a |
|
transaction with the department using the state electronic Internet |
|
portal project a fee set under Section 2054.2591, Government Code. |
|
All fees collected under this subsection shall be allocated to the |
|
department to provide for the department's costs associated with |
|
administering Section 2054.2591, Government Code. |
|
SECTION 87. Section 520.005, Transportation Code, is |
|
amended by amending Subsection (c) and adding Subsection (d) 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. |
|
(d) Each county assessor-collector shall process a |
|
registration renewal through an online system designated by the |
|
department. |
|
SECTION 88. Section 520.006(a-1), Transportation Code, as |
|
added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted and amended |
|
to read as follows: |
|
(a-1) A county assessor-collector collecting fees on behalf |
|
of a county that has been declared as a disaster area or that is |
|
closed for a protracted period of time as defined by the department |
|
for purposes of Section 501.023 or 502.040 may retain the |
|
commission for fees collected, but shall allocate the fees to the |
|
county declared as a disaster area or that is closed for a |
|
protracted period of time. |
|
SECTION 89. Subchapter A, Chapter 520, Transportation Code, |
|
is amended by adding Section 520.0061 to read as follows: |
|
Sec. 520.0061. CONTRACTS BETWEEN COUNTIES. (a) A county |
|
tax assessor-collector, with approval of the commissioners court of |
|
the county by order, may enter into an agreement with one or more |
|
counties to perform mail-in or online registration or titling |
|
duties. |
|
(b) A contract entered into under Subsection (a) may be |
|
terminated by a county that is a party to the contract. |
|
SECTION 90. 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). |
|
SECTION 91. The heading to Section 520.0093, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 520.0093. LEASE OF [ADDITIONAL] COMPUTER EQUIPMENT. |
|
SECTION 92. Section 520.0093, Transportation Code, is |
|
amended by amending Subsections (a), (c), and (e) and adding |
|
Subsection (b-1) to read as follows: |
|
(a) The department may [This section applies only to the] |
|
lease [of] equipment and provide related services to a: |
|
(1) county for the operation of the automated |
|
registration and titling system in addition to the equipment |
|
provided by the department at no cost to the county under a formula |
|
prescribed by the department; and |
|
(2) deputy appointed under Section 520.0071. |
|
(b-1) On the request of a deputy appointed under Section |
|
520.0071, the department may enter into an agreement under which |
|
the department leases equipment to the deputy for the use of the |
|
deputy in operating the automated registration and titling system. |
|
The department may require the deputy to post a bond in an amount |
|
equal to the value of the equipment. |
|
(c) A county may install equipment leased under this section |
|
at offices of the county or of an agent of the county. A deputy |
|
appointed under Section 520.0071 may install equipment leased under |
|
this section on the premises described in the agreement. |
|
(e) Under the agreement, the department shall charge an |
|
amount not less than the amount of the cost to the department to |
|
provide the [additional] equipment and any related services under |
|
the lease. All money collected under the lease shall be deposited |
|
to the credit of the state highway fund. |
|
SECTION 93. Section 520.016(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) This section does not apply to a violation of Section |
|
520.006 or a rule adopted under Section 520.0071 [, 520.008,
|
|
520.009, 520.0091, or 520.0092]. |
|
SECTION 94. Subchapter D, Chapter 551, Transportation Code, |
|
is amended by adding Section 551.304 to read as follows: |
|
Sec. 551.304. LIMITED OPERATION. (a) An operator may |
|
operate a neighborhood electric vehicle: |
|
(1) in a master planned community: |
|
(A) that has in place a uniform set of |
|
restrictive covenants; and |
|
(B) for which a county or municipality has |
|
approved a plat; |
|
(2) on a public or private beach; or |
|
(3) on a public highway for which the posted speed |
|
limit is not more than 35 miles per hour, if the neighborhood |
|
electric vehicle is operated: |
|
(A) during the daytime; and |
|
(B) not more than two miles from the location |
|
where the neighborhood electric vehicle is usually parked and for |
|
transportation to or from a golf course. |
|
(b) A person is not required to register a neighborhood |
|
electric vehicle operated in compliance with this section. |
|
SECTION 95. Section 551.402, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas |
|
Department of Motor Vehicles [Transportation] may not register a |
|
golf cart for operation on a public highway regardless of whether |
|
any alteration has been made to the golf cart. |
|
(b) The Texas Department of Motor Vehicles [department] may |
|
issue license plates for a golf cart only as authorized by Section |
|
504.510. |
|
SECTION 96. Section 601.052(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Section 601.051 does not apply to: |
|
(1) the operation of a motor vehicle that: |
|
(A) is a former military vehicle or is at least 25 |
|
years old; |
|
(B) is used only for exhibitions, club |
|
activities, parades, and other functions of public interest and not |
|
for regular transportation; and |
|
(C) for which the owner files with the department |
|
an affidavit, signed by the owner, stating that the vehicle is a |
|
collector's item and used only as described by Paragraph (B); |
|
(2) the operation of a neighborhood electric vehicle |
|
or a golf cart that is operated only as authorized by Section |
|
551.304 or 551.403; or |
|
(3) a volunteer fire department for the operation of a |
|
motor vehicle the title of which is held in the name of a volunteer |
|
fire department. |
|
SECTION 97. Section 621.001(4), Transportation Code, is |
|
amended to read as follows: |
|
(4) "Director" means: |
|
(A) the executive director of the department; or |
|
(B) an employee of the department who is: |
|
(i) a division or special office director |
|
or holds a rank higher than division or special office director; and |
|
(ii) designated by the executive director |
|
[Texas Department of Motor Vehicles]. |
|
SECTION 98. Section 621.002(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A copy of the registration receipt issued under Section |
|
502.057 [502.178] for a commercial motor vehicle, truck-tractor, |
|
trailer, or semitrailer shall be: |
|
(1) carried on the vehicle when the vehicle is on a |
|
public highway; and |
|
(2) presented to an officer authorized to enforce this |
|
chapter on request of the officer. |
|
SECTION 99. Section 621.301(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The commissioners court may limit the maximum weights to |
|
be moved on or over a county road, bridge, or culvert by exercising |
|
its authority under this subsection in the same manner and under the |
|
same conditions provided by Section 621.102 for the Texas |
|
Department of Transportation [commission] to limit maximum weights |
|
on highways and roads to which that section applies. |
|
SECTION 100. Subchapter D, Chapter 621, Transportation |
|
Code, is amended by adding Section 621.304 to read as follows: |
|
Sec. 621.304. RESTRICTION ON LOCAL GOVERNMENT AUTHORITY TO |
|
REGULATE OVERWEIGHT VEHICLES AND LOADS ON STATE HIGHWAY SYSTEM. |
|
Except as expressly authorized by this subtitle, a county or |
|
municipality may not require a permit, bond, fee, or license for the |
|
movement of a vehicle or combination of vehicles or any load carried |
|
by the vehicle or vehicles on the state highway system in the county |
|
or municipality that exceeds the weight or size limits on the state |
|
highway system. |
|
SECTION 101. Section 621.503, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A violation of this section is subject to administrative |
|
enforcement under Subchapter N, Chapter 623, except that |
|
administrative enforcement may not be imposed on a person described |
|
by Subsection (a) if the person is an entity or is owned by the same |
|
entity that operated the loaded vehicle and has been assessed a |
|
criminal penalty under this subtitle for a violation associated |
|
with the load. |
|
SECTION 102. Section 621.506, Transportation Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
(b-1), (b-2), (b-3), and (i) to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) operates a vehicle or combination of vehicles in |
|
violation of Section 621.101, 622.012, 622.031, 622.041, 622.0435, |
|
622.051, 622.061, 622.133, 622.953, or 623.162; or |
|
(2) loads a vehicle or causes a vehicle to be loaded in |
|
violation of Section 621.503. |
|
(b) Except as provided by Subsections (b-1), (b-2), and |
|
(b-3), an [An] offense under this section is a misdemeanor |
|
punishable: |
|
(1) by a fine of not less than $100 and not more than |
|
$250 [$150]; |
|
(2) on conviction of an offense involving a vehicle |
|
having a single axle weight or tandem axle weight that is heavier |
|
than the vehicle's allowable weight, by a fine according to the |
|
following schedule: |
|
|
Pounds Overweight |
Fine Range |
|
|
|
less than 2,500 |
$100 to $500 |
|
|
|
2,500-5,000 |
$500 to $1,000 |
|
|
|
more than 5,000 |
$1,000 to $2,500; or |
|
|
(3) on conviction of an offense involving a vehicle |
|
having a [single axle weight, tandem axle weight, or] gross weight |
|
that is [more than 5,000 but not more than 10,000 pounds] heavier |
|
than the vehicle's allowable weight, by a fine according to the |
|
following schedule: |
|
|
Pounds Overweight |
Fine Range |
|
|
|
less than 2,500 |
$100 to $500 |
|
|
|
2,500-5,000 |
$500 to $1,000 |
|
|
|
5,001-10,000 |
$1,000 to $2,500 |
|
|
|
10,001-20,000 |
$2,500 to $5,000 |
|
|
|
20,001-40,000 |
$5,000 to $7,000 |
|
|
|
more than 40,000 |
$7,000 to $10,000. |
|
|
(b-1) On conviction of a third offense punishable under |
|
Subsection (b)(2) or (3), before the first anniversary of the date |
|
of a previous conviction of an offense punishable under Subsection |
|
(b)(2) or (3), the defendant shall be punished [of not less than
|
|
$300 or more than $500;
|
|
[(3)
on conviction of an offense involving a vehicle
|
|
having a single axle weight, tandem axle weight, or gross weight
|
|
that is more than 10,000 pounds heavier than the vehicle's
|
|
allowable weight, by a fine of not less than $500 or more than
|
|
$1,000; or
|
|
[(4)
on conviction before the first anniversary of the
|
|
date of a previous conviction under this section,] by a fine in an |
|
amount not to exceed [that is] twice the maximum amount specified |
|
by Subsection (b)(2) [Subdivision (1), (2),] or (3). |
|
(b-2) A defendant operating a vehicle or combination of |
|
vehicles at a weight for which a permit issued under this subtitle |
|
would authorize the operation, but who does not hold the permit, |
|
shall be punished by a fine in addition to the fine imposed under |
|
Subsection (b) of not less than $500 or more than $1,000, except |
|
that for a second or subsequent conviction under this section, the |
|
offense is punishable by an additional fine of not less than $2,500 |
|
or more than $5,000. |
|
(b-3) A defendant operating a vehicle or combination of |
|
vehicles at a weight in excess of 84,000 pounds with a load that can |
|
reasonably be dismantled shall be punished by a fine in addition to |
|
the fine imposed under Subsection (b) of not less than $500 or more |
|
than $1,000, except that for a second or subsequent conviction |
|
under this section, the offense is punishable by an additional fine |
|
of not less than $2,500 or more than $5,000. |
|
(i) A fine may not be imposed under this section that |
|
exceeds the minimum dollar amount that may be imposed unless the |
|
vehicle's weight was determined by a portable or stationary scale |
|
furnished or approved by the Department of Public Safety. |
|
SECTION 103. Subchapter G, Chapter 621, Transportation |
|
Code, is amended by adding Section 621.510 to read as follows: |
|
Sec. 621.510. PERMIT VOID. A permit issued under this |
|
chapter is void on the failure of the owner or the owner's |
|
representative to comply with a rule of the board or with a |
|
condition placed on the permit by the department. |
|
SECTION 104. Section 622.012(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A truck may be operated at a weight that exceeds the |
|
maximum single axle or tandem axle weight limitation by not more |
|
than 10 percent if the gross weight is not heavier than 69,000 |
|
pounds and the department has issued a permit that authorizes the |
|
operation of the vehicle under Section 623.0171. |
|
SECTION 105. Section 622.074, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 622.074. NONAPPLICABILITY OF SUBCHAPTER. This |
|
subchapter does not apply to: |
|
(1) farm equipment used for a purpose other than |
|
construction; |
|
(2) special mobile equipment owned by a dealer or |
|
distributor; |
|
(3) a vehicle used to propel special mobile equipment |
|
that is registered as a farm vehicle under [as defined by] Section |
|
502.433 [502.163]; or |
|
(4) equipment while being used by a commercial hauler |
|
to transport special mobile equipment under hire of a person who |
|
derives $500 in gross receipts annually from a farming or ranching |
|
enterprise. |
|
SECTION 106. Section 622.901, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 622.901. WIDTH EXCEPTIONS. The width limitation |
|
provided by Section 621.201 does not apply to: |
|
(1) highway building or maintenance machinery that is |
|
traveling: |
|
(A) during daylight on a public highway other |
|
than a highway that is part of the national system of interstate and |
|
defense highways; or |
|
(B) for not more than 50 miles on a highway that |
|
is part of the national system of interstate and defense highways; |
|
(2) a vehicle traveling during daylight on a public |
|
highway other than a highway that is part of the national system of |
|
interstate and defense highways or traveling for not more than 50 |
|
miles on a highway that is part of the national system of interstate |
|
and defense highways if the vehicle is: |
|
(A) a farm tractor or implement of husbandry; or |
|
(B) a vehicle on which a farm tractor or |
|
implement of husbandry, other than a tractor or implement being |
|
transported from one dealer to another, is being moved by the owner |
|
of the tractor or implement or by an agent or employee of the owner: |
|
(i) to deliver the tractor or implement to a |
|
new owner; |
|
(ii) to transport the tractor or implement |
|
to or from a mechanic for maintenance or repair; or |
|
(iii) in the course of an agricultural |
|
operation; |
|
(3) machinery that is used solely for drilling water |
|
wells, including machinery that is a unit or a unit mounted on a |
|
conventional vehicle or chassis, and that is traveling: |
|
(A) during daylight on a public highway other |
|
than a highway that is part of the national system of interstate and |
|
defense highways; or |
|
(B) for not more than 50 miles on a highway that |
|
is part of the national system of interstate and defense highways; |
|
(4) a vehicle owned or operated by a public, private, |
|
or volunteer fire department; |
|
(5) a vehicle registered under Section 502.431 |
|
[502.164]; or |
|
(6) a recreational vehicle to which Section 622.903 |
|
applies. |
|
SECTION 107. Section 623.011(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) To qualify for a permit under this section: |
|
(1) the vehicle must be registered under Chapter 502 |
|
for the maximum gross weight applicable to the vehicle under |
|
Section 621.101, not to exceed 80,000 pounds; |
|
(2) the security requirement of Section 623.012 must |
|
be satisfied; and |
|
(3) a base permit fee of $90, any additional fee |
|
required by Section 623.0111, and any additional fee set by the |
|
board [department] under Section 623.0112 must be paid. |
|
SECTION 108. Sections 623.012(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) An applicant for a permit under Section 623.011, other |
|
than a permit under that section to operate a vehicle loaded with |
|
timber or pulp wood, wood chips, cotton, or agricultural products |
|
in their natural state, and an applicant for a permit under Section |
|
623.321 shall file with the department: |
|
(1) a blanket bond; or |
|
(2) an irrevocable letter of credit issued by a |
|
financial institution the deposits of which are guaranteed by the |
|
Federal Deposit Insurance Corporation. |
|
(b) The bond or letter of credit must: |
|
(1) be in the amount of $15,000 payable to the Texas |
|
Department of Transportation and the counties of this state; |
|
(2) be conditioned that the applicant will pay the |
|
Texas Department of Transportation for any damage to a state |
|
highway, and a county for any damage to a road or bridge of the |
|
county, caused by the operation of the vehicle: |
|
(A) for which the permit is issued at a heavier |
|
weight than the maximum weights authorized by Subchapter B of |
|
Chapter 621 or Section 621.301 or 623.321; or |
|
(B) that is in violation of Section 623.323; and |
|
(3) provide that the issuer is to notify the Texas |
|
Department of Transportation and the applicant in writing promptly |
|
after a payment is made by the issuer on the bond or letter of |
|
credit. |
|
SECTION 109. Sections 623.014(c) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(c) The department shall issue the prorated credit if the |
|
person: |
|
(1) pays the fee adopted by the board [department]; |
|
and |
|
(2) provides the department with: |
|
(A) the original permit; or |
|
(B) if the original permit does not exist, |
|
written evidence in a form approved by the department that the |
|
vehicle has been destroyed or is permanently inoperable. |
|
(d) The fee adopted by the board [department] under |
|
Subsection (c)(1) may not exceed the cost of issuing the credit. |
|
SECTION 110. Subchapter B, Chapter 623, Transportation |
|
Code, is amended by adding Section 623.0171 to read as follows: |
|
Sec. 623.0171. PERMIT FOR READY-MIXED CONCRETE TRUCKS. (a) |
|
In this section, "ready-mixed concrete truck" has the meaning |
|
assigned by Section 622.011. |
|
(b) The department may issue a permit that authorizes the |
|
operation of a ready-mixed concrete truck with three axles. |
|
(c) To qualify for a permit under this section, a base |
|
permit fee of $1,000 must be paid, except as provided by Subsection |
|
(g). |
|
(d) A permit issued under this section: |
|
(1) is valid for one year, except as provided by |
|
Subsection (g); and |
|
(2) must be carried in the vehicle for which it is |
|
issued. |
|
(e) When the department issues a permit under this section, |
|
the department shall issue a sticker to be placed on the front |
|
windshield of the vehicle above the inspection certificate issued |
|
to the vehicle. The department shall design the form of the sticker |
|
to aid in the enforcement of weight limits for vehicles. |
|
(f) The sticker must: |
|
(1) indicate the expiration date of the permit; and |
|
(2) be removed from the vehicle when: |
|
(A) the permit for operation of the vehicle |
|
expires; |
|
(B) a lease of the vehicle expires; or |
|
(C) the vehicle is sold. |
|
(g) The department may issue a permit under this section |
|
that is valid for a period of less than one year. The department |
|
shall prorate the applicable fee required by Subsection (c) for a |
|
permit issued under this subsection as necessary to reflect the |
|
term of the permit. |
|
(h) Unless otherwise provided by state or federal law, a |
|
county or municipality may not require a permit, fee, or license for |
|
the operation of a ready-mixed concrete truck in addition to a |
|
permit, fee, or license required by state law. |
|
(i) Section 622.015 does not apply to an owner of a |
|
ready-mixed concrete truck who holds a permit under this section |
|
for the truck. |
|
(j) Unless otherwise provided by state or federal law, a |
|
ready-mixed concrete truck may operate on a state, county, or |
|
municipal road, including a load-zoned county road or a frontage |
|
road adjacent to a federal interstate highway, if the truck |
|
displays a sticker required by Subsection (e) and does not exceed |
|
the maximum gross weight authorized under Section 622.012. |
|
(k) For the purposes of Subsection (l), the department by |
|
rule shall require an applicant to designate in the permit |
|
application the counties in which the applicant intends to operate. |
|
(l) Of the fee collected under this section for a permit: |
|
(1) 50 percent of the amount collected shall be |
|
deposited to the credit of the state highway fund; and |
|
(2) the other 50 percent shall be divided among and |
|
distributed to the counties designated in permit applications under |
|
Subsection (k) according to department rule. |
|
(m) At least once each fiscal year, the comptroller shall |
|
send the amount due each county under Subsection (l) to the county |
|
treasurer or officer performing the function of that office for |
|
deposit to the credit of the county road and bridge fund. |
|
SECTION 111. Section 623.019, Transportation Code, is |
|
amended by amending Subsections (b), (c), and (d) and adding |
|
Subsection (h) to read as follows: |
|
(b) Except as provided by Subsections (c) and (d), an |
|
offense under Subsection (a) is a misdemeanor punishable by a fine |
|
of not less than $100 or more than $250 [$150]. |
|
(c) An offense under Subsection (a) is a misdemeanor and, |
|
except as provided by Subsection (d), is punishable by a fine |
|
according to the following schedules if the offense involves a |
|
vehicle [of]: |
|
(1) having a single axle weight or tandem axle weight |
|
that is heavier than the vehicle's allowable weight: |
|
|
Pounds Overweight |
Fine Range |
|
|
|
less than 2,500 |
$100 to $500 |
|
|
|
2,500-5,000 |
$500 to $1,000 |
|
|
|
more than 5,000 |
$1,000 to $2,500; or |
|
|
(2) [not less than $300 or more than $500 if the
|
|
offense involves a vehicle] having a gross weight that is heavier |
|
than the vehicle's allowable gross weight: |
|
|
Pounds Overweight |
Fine Range |
|
|
|
less than 2,500 |
$100 to $500 |
|
|
|
2,500-5,000 |
$500 to $1,000 |
|
|
|
5,001-10,000 |
$1,000 to $2,500 |
|
|
|
10,001-20,000 |
$2,500 to $5,000 |
|
|
|
20,001-40,000 |
$5,000 to $7,000 |
|
|
|
more than 40,000 |
$7,000 to $10,000 |
|
|
[5,000 but not heavier than 10,000 pounds over the vehicle's
|
|
allowable gross weight; or
|
|
[(2)
not less than $500 or more than $1,000 if the
|
|
offense involves a vehicle having a gross weight that is at least
|
|
10,000 pounds heavier than the vehicle's allowable gross weight.] |
|
(d) On conviction of a third offense under Subsection (a), |
|
before the first anniversary of the date of a previous conviction |
|
under that subsection [Subsection (a)], the defendant shall be |
|
punished [an offense is punishable] by a fine in an amount not to |
|
exceed [that is] twice the maximum amount specified by Subsection |
|
(c). |
|
(h) A fine may not be imposed under this section that |
|
exceeds the minimum dollar amount that may be imposed unless the |
|
vehicle's weight was determined by a portable or stationary scale |
|
furnished or approved by the Department of Public Safety. |
|
SECTION 112. The heading to Section 623.0711, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 623.0711. PERMITS AUTHORIZED BY BOARD [COMMISSION]. |
|
SECTION 113. Sections 623.0711(a), (b), (c), (d), (f), (g), |
|
and (h), Transportation Code, are amended to read as follows: |
|
(a) The board [commission] by rule may authorize the |
|
department to issue a permit to a motor carrier, as defined by |
|
Section 643.001, to transport multiple loads of the same commodity |
|
over a state highway if all of the loads are traveling between the |
|
same general locations. |
|
(b) The board [commission] may not authorize the issuance of |
|
a permit that would allow a vehicle to: |
|
(1) violate federal regulations on size and weight |
|
requirements; or |
|
(2) transport equipment that could reasonably be |
|
dismantled for transportation as separate loads. |
|
(c) The board [commission] rules must require that, before |
|
the department issues a permit under this section, the department: |
|
(1) determine that the state will benefit from the |
|
consolidated permitting process; and |
|
(2) complete a route and engineering study that |
|
considers: |
|
(A) the estimated number of loads to be |
|
transported by the motor carrier under the permit; |
|
(B) the size and weight of the commodity; |
|
(C) available routes that can accommodate the |
|
size and weight of the vehicle and load to be transported; |
|
(D) the potential roadway damage caused by |
|
repeated use of the road by the permitted vehicle; |
|
(E) any disruption caused by the movement of the |
|
permitted vehicle; and |
|
(F) the safety of the traveling public. |
|
(d) The board [commission] rules may authorize the |
|
department to impose on the motor carrier any condition regarding |
|
routing, time of travel, axle weight, and escort vehicles necessary |
|
to ensure safe operation and minimal damage to the roadway. |
|
(f) The board [commission] shall require the motor carrier |
|
to file a bond in an amount set by the board [commission], payable |
|
to the Texas Department of Transportation [department] and |
|
conditioned on the motor carrier paying to the Texas Department of |
|
Transportation [department] any damage that is sustained to a state |
|
highway because of the operation of a vehicle under a permit issued |
|
under this section. |
|
(g) An application for a permit under this section must be |
|
accompanied by the permit fee established by the board [commission] |
|
for the permit, not to exceed $9,000. The department shall send each |
|
fee to the comptroller for deposit to the credit of the state |
|
highway fund. |
|
(h) In addition to the fee established under Subsection (g), |
|
the board [commission] rules must authorize the department to |
|
collect a consolidated permit payment for a permit under this |
|
section in an amount not to exceed 15 percent of the fee established |
|
under Subsection (g), to be deposited to the credit of the state |
|
highway fund. |
|
SECTION 114. Section 623.078(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department [board] shall send each fee collected |
|
under Subsection (a) to the comptroller for deposit to the credit of |
|
the state highway fund. |
|
SECTION 115. Section 623.144, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 623.144. REGISTRATION OF VEHICLE. (a) A person may |
|
not operate a vehicle permitted [A permit] under this subchapter on |
|
a public highway unless [may be issued only if] the vehicle is |
|
registered under Chapter 502 for the maximum gross weight |
|
applicable to the vehicle under Section 621.101 or has specialty |
|
[the distinguishing] license plates as provided by Section 502.146 |
|
[504.504] if applicable to the vehicle. |
|
(b) The department may not issue specialty license plates to |
|
a vehicle described by Section 502.146(b)(3) unless the applicant |
|
complies with the requirements of that subsection. |
|
SECTION 116. Section 623.149(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may establish criteria to determine |
|
whether oil well servicing, oil well clean out, or oil well drilling |
|
machinery or equipment is subject to registration under Chapter 502 |
|
or eligible for the distinguishing license plate provided by |
|
Section 502.146 [504.504]. |
|
SECTION 117. Section 623.194, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 623.194. REGISTRATION OF VEHICLE. A permit under this |
|
subchapter may be issued only if the vehicle to be moved is |
|
registered under Chapter 502 for the maximum gross weight |
|
applicable to the vehicle under Section 621.101 or has the |
|
distinguishing license plates as provided by Section 502.146 |
|
[504.504] if applicable to the vehicle. |
|
SECTION 118. Section 623.199(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may establish criteria to determine |
|
whether an unladen lift equipment motor vehicle that because of its |
|
design for use as lift equipment exceeds the maximum weight and |
|
width limitations prescribed by statute is subject to registration |
|
under Chapter 502 or eligible for the distinguishing license plate |
|
provided by Section 502.146 [504.504]. |
|
SECTION 119. Chapter 623, Transportation Code, is amended |
|
by adding Subchapter Q to read as follows: |
|
SUBCHAPTER Q. VEHICLES TRANSPORTING TIMBER |
|
Sec. 623.321. PERMIT. (a) The department may issue a |
|
permit under this subchapter, as an alternative to a permit issued |
|
under Section 623.011, authorizing a person to operate a vehicle or |
|
combination of vehicles that is being used to transport unrefined |
|
timber, wood chips, or woody biomass in a county identified as a |
|
timber producing county in the most recent edition of the Texas A&M |
|
Forest Service's Harvest Trends Report as of May 15, 2013, at the |
|
weight limits prescribed by Subsection (b). |
|
(b) A person may operate over a road or highway a vehicle or |
|
combination of vehicles issued a permit under this section at a |
|
gross weight that is not heavier than 84,000 pounds, if the gross |
|
load carried on any tandem axle of the vehicle or combination of |
|
vehicles does not exceed 44,000 pounds. |
|
(c) Section 621.508 does not apply to a vehicle or |
|
combination of vehicles operated under this section. |
|
(d) The department shall annually update the number of |
|
timber producing counties described by Subsection (a) based on the |
|
most recent edition of the Texas A&M Forest Service's Harvest |
|
Trends Report. |
|
Sec. 623.322. QUALIFICATION; REQUIREMENTS. (a) To qualify |
|
for a permit under this subchapter for a vehicle or combination of |
|
vehicles, a person must: |
|
(1) pay a permit fee of $1,500; |
|
(2) designate in the permit application the timber |
|
producing counties described by Section 623.321(a) in which the |
|
vehicle or combination of vehicles will be operated; and |
|
(3) satisfy the security requirement of Section |
|
623.012. |
|
(b) A permit issued under this subchapter: |
|
(1) is valid for one year; and |
|
(2) must be carried in the vehicle for which it is |
|
issued. |
|
Sec. 623.323. NOTIFICATION. (a) For purposes of this |
|
section, "financially responsible party" means the owner of the |
|
vehicle or combination of vehicles, the party operating the vehicle |
|
or combination of vehicles, or a person that hires, leases, rents, |
|
or subcontracts the vehicle or combination of vehicles for use on a |
|
road maintained by a county or a state highway. |
|
(b) Before a vehicle or combination of vehicles for which a |
|
permit is issued under this subchapter may be operated on a road |
|
maintained by a county or a state highway, the financially |
|
responsible party shall execute a notification document and agree |
|
to reimburse the county or the state, as applicable, for damage to a |
|
road or highway sustained as a consequence of the transportation |
|
authorized by the permit. At a minimum, the notification document |
|
must include: |
|
(1) the name and address of the financially |
|
responsible party; |
|
(2) a description of each permit issued for the |
|
vehicle or combination of vehicles; |
|
(3) a description of the method of compliance by the |
|
financially responsible party with Sections 601.051 and 623.012; |
|
(4) the address or location of the geographic area in |
|
which the financially responsible party wishes to operate a vehicle |
|
or combination of vehicles and a designation of the specific route |
|
of travel anticipated by the financially responsible party, |
|
including the name or number of each road maintained by a county or |
|
state highway; |
|
(5) a calendar or schedule of duration that includes |
|
the days and hours of operation during which the financially |
|
responsible party reasonably anticipates using the county road or |
|
state highway identified in Subdivision (4); and |
|
(6) a list of each vehicle or combination of vehicles |
|
by license plate number or other registration information, and a |
|
description of the means by which financial responsibility is |
|
established for each vehicle or combination of vehicles if each |
|
vehicle or combination of vehicles is not covered by a single |
|
insurance policy, surety bond, deposit, or other means of financial |
|
assurance. |
|
(c) A financially responsible party shall electronically |
|
file the notification document described by Subsection (b) with the |
|
department under rules adopted by the department not later than the |
|
second business day before the first business day listed by the |
|
financially responsible party under Subsection (b)(5). The |
|
department shall immediately send an electronic copy of the |
|
notification document to each county identified in the notification |
|
document and the Texas Department of Transportation and an |
|
electronic receipt for the notification document to the financially |
|
responsible party. Not later than the first business day listed by |
|
the financially responsible party under Subsection (b)(5), a county |
|
or the Texas Department of Transportation may inspect a road or |
|
highway identified in the notification document. If an inspection |
|
is conducted under this subsection, a county or the Texas |
|
Department of Transportation shall: |
|
(1) document the condition of the roads or highways |
|
and take photographs of the roads or highways as necessary to |
|
establish a baseline for any subsequent assessment of damage |
|
sustained by the financially responsible party's use of the roads |
|
or highways; and |
|
(2) provide a copy of the documentation to the |
|
financially responsible party. |
|
(d) If an inspection has been conducted under Subsection |
|
(c), a county or the Texas Department of Transportation, as |
|
applicable, shall, not later than the fifth business day after the |
|
expiration of the calendar or schedule of duration described by |
|
Subsection (b)(5): |
|
(1) conduct an inspection described by Subsection |
|
(c)(1) to determine any damage sustained by the financially |
|
responsible party's use of the roads or highways; and |
|
(2) provide a copy of the inspection documentation to |
|
the financially responsible party. |
|
(e) The state or a county required to be notified under this |
|
section may assert a claim against any security posted under |
|
Section 623.012 or insurance filed under Section 643.103 for damage |
|
to a road or highway sustained as a consequence of the |
|
transportation authorized by the permit. |
|
(f) This section does not apply to a vehicle or combination |
|
of vehicles that are being used to transport unrefined timber, wood |
|
chips, or woody biomass from: |
|
(1) a storage yard to the place of first processing; or |
|
(2) outside this state to a place of first processing |
|
in this state. |
|
Sec. 623.324. DISPOSITION OF FEE. (a) Of the fee collected |
|
under Section 623.322 for a permit: |
|
(1) 50 percent of the amount collected shall be |
|
deposited to the credit of the state highway fund; and |
|
(2) the other 50 percent shall be divided equally |
|
among all counties designated in the permit application under |
|
Section 623.322(a)(2). |
|
(b) At least once each fiscal year, the comptroller shall |
|
send the amount due each county under Subsection (a) to the county |
|
treasurer or officer performing the function of that office for |
|
deposit to the credit of the county road and bridge fund. |
|
Sec. 623.325. INTERSTATE AND DEFENSE HIGHWAYS. (a) This |
|
subchapter does not authorize the operation on the national system |
|
of interstate and defense highways in this state of a vehicle of a |
|
size or weight greater than those permitted under 23 U.S.C. Section |
|
127. |
|
(b) If the United States authorizes the operation on the |
|
national system of interstate and defense highways of a vehicle of a |
|
size or weight greater than those permitted under 23 U.S.C. Section |
|
127 on September 1, 2013, the new limit automatically takes effect |
|
on the national system of interstate and defense highways in this |
|
state. |
|
SECTION 120. Chapter 623, Transportation Code, is amended |
|
by adding Subchapter R to read as follows: |
|
SUBCHAPTER R. PERMIT TO DELIVER RELIEF SUPPLIES DURING NATIONAL |
|
EMERGENCY |
|
Sec. 623.341. PERMIT TO DELIVER RELIEF SUPPLIES. (a) |
|
Notwithstanding any other law, the department may issue a special |
|
permit during a major disaster as declared by the president of the |
|
United States under the Robert T. Stafford Disaster Relief and |
|
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) to an |
|
overweight or oversize vehicle or load that: |
|
(1) can easily be dismantled or divided; and |
|
(2) will be used only to deliver relief supplies. |
|
(b) A permit issued under this section expires not later |
|
than the 120th day after the date of the major disaster declaration. |
|
Sec. 623.342. RULES. The board may adopt rules necessary to |
|
implement this subchapter, including rules that establish the |
|
requirements for obtaining a permit. |
|
Sec. 623.343. PERMIT CONDITIONS. The department may impose |
|
conditions on a permit holder to ensure the safe operation of a |
|
permitted vehicle and minimize damage to roadways, including |
|
requirements related to vehicle routing, hours of operation, weight |
|
limits, and lighting and requirements for escort vehicles. |
|
SECTION 121. Section 642.002(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if: |
|
(1) the person operates on a public street, road, or |
|
highway: |
|
(A) a commercial motor vehicle that has three or |
|
more axles; |
|
(B) a truck-tractor; |
|
(C) a road-tractor; or |
|
(D) a tow truck; and |
|
(2) the vehicle does not have on each side of the power |
|
unit identifying markings that comply with the identifying marking |
|
requirements specified by 49 C.F.R. Section 390.21 or that: |
|
(A) show the name of the owner or operator of the |
|
vehicle; |
|
(B) have clearly legible letters and numbers of a |
|
height of at least two inches; and |
|
(C) show the motor carrier registration number in |
|
clearly legible letters and numbers, if the vehicle is required to |
|
be registered under this chapter or Chapter 643. |
|
SECTION 122. The heading to Section 643.054, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 643.054. DEPARTMENT APPROVAL AND DENIAL; ISSUANCE OF |
|
CERTIFICATE. |
|
SECTION 123. Section 643.054, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsections (a-1), |
|
(a-2), and (a-3) to read as follows: |
|
(a) The department shall register a motor carrier under this |
|
subchapter if the carrier complies with Sections 643.052 and |
|
643.053. |
|
(a-1) The department may deny a registration if the |
|
applicant has had a registration revoked under Section 643.252. |
|
(a-2) The department may deny a registration if the |
|
applicant's business is operated, managed, or otherwise controlled |
|
by or affiliated with a person, including the applicant, a |
|
relative, family member, corporate officer, or shareholder, whom |
|
the Department of Public Safety has determined has: |
|
(1) an unsatisfactory safety rating under 49 C.F.R. |
|
Part 385; or |
|
(2) multiple violations of Chapter 644, a rule adopted |
|
under that chapter, or Subtitle C. |
|
(a-3) The department may deny a registration if the |
|
applicant is a motor carrier whose business is operated, managed, |
|
or otherwise controlled by or affiliated with a person, including |
|
an owner, relative, family member, corporate officer, or |
|
shareholder, whom the Department of Public Safety has determined |
|
has: |
|
(1) an unsatisfactory safety rating under 49 C.F.R. |
|
Part 385; or |
|
(2) multiple violations of Chapter 644, a rule adopted |
|
under that chapter, or Subtitle C. |
|
SECTION 124. Section 643.064, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 643.064. [ISSUANCE OF] UNITED STATES DEPARTMENT OF |
|
TRANSPORTATION NUMBERS. (a) The department by rule shall provide |
|
for the issuance to a motor carrier of an identification number |
|
authorized by the Federal Motor Carrier Safety Administration. A |
|
rule must conform to rules of the Federal Motor Carrier Safety |
|
Administration or its successor. |
|
(b) A motor carrier required to register under this |
|
subchapter shall maintain an authorized identification number |
|
issued to the motor carrier by the Federal Motor Carrier Safety |
|
Administration, its successor, or another person authorized to |
|
issue the number. |
|
SECTION 125. Subchapter F, Chapter 643, Transportation |
|
Code, is amended by adding Section 643.2526 to read as follows: |
|
Sec. 643.2526. APPEAL OF DENIAL OF REGISTRATION, RENEWAL, |
|
OR REINSTATEMENT. (a) Notwithstanding any other law, a denial of an |
|
application for registration, renewal of registration, or |
|
reinstatement of registration under this chapter is not required to |
|
be preceded by notice and an opportunity for hearing. |
|
(b) An applicant may appeal a denial under this chapter by |
|
filing an appeal with the department not later than the 26th day |
|
after the date the department issues notice of the denial to the |
|
applicant. |
|
(c) If the appeal of the denial is successful and the |
|
application is found to be compliant with this chapter, the |
|
application shall be considered to have been properly filed on the |
|
date the finding is entered. |
|
SECTION 126. Section 648.051(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) This subchapter supersedes that portion of any paired |
|
city, paired state, or similar understanding governing foreign |
|
commercial motor vehicles or motor carriers entered into under |
|
Section 502.091 [502.054] or any other law. |
|
SECTION 127. Section 648.102(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The Texas Department of Motor Vehicles [Transportation] |
|
shall adopt rules that conform with 49 C.F.R. Part 387 requiring |
|
motor carriers operating foreign commercial motor vehicles in this |
|
state to maintain financial responsibility. |
|
SECTION 128. Section 681.003(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) An application for a disabled parking placard must be: |
|
(1) on a form furnished by the department; |
|
(2) submitted to the county assessor-collector of the |
|
county in which the person with the disability resides or in which |
|
the applicant is seeking medical treatment if the applicant is not a |
|
resident of this state; and |
|
(3) accompanied by a fee of $5 if the application is |
|
for a temporary placard. |
|
SECTION 129. Section 681.0031, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 681.0031. APPLICANT'S [DRIVER'S LICENSE OR PERSONAL] |
|
IDENTIFICATION [CARD NUMBER]. (a) The applicant shall include on |
|
the application the applicant's: |
|
(1) driver's license number or the number of a personal |
|
identification card issued to the applicant under Chapter 521; |
|
(2) military identification number; or |
|
(3) driver's license number of a driver's license |
|
issued by another state or country if the applicant is not a |
|
resident of this state and is seeking medical treatment in this |
|
state. [The department shall provide for this information in
|
|
prescribing the application form.] |
|
(b) The county assessor-collector shall record on any |
|
disabled parking placard issued to the applicant the following |
|
information in the following order: |
|
(1) the county number assigned by the comptroller to |
|
the county issuing the placard; |
|
(2) the first four digits of the applicant's driver's |
|
license number, personal identification card number, or military |
|
identification number; and |
|
(3) the applicant's initials. |
|
SECTION 130. Section 681.004(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) A disabled parking placard issued to a person with a |
|
permanent disability: |
|
(1) is valid for: |
|
(A) [a period of] four years for a resident of |
|
this state; and |
|
(B) six months for a person who is not a resident |
|
of this state; and |
|
(2) shall be replaced or renewed on request of the |
|
person to whom the initial card was issued without presentation of |
|
evidence of eligibility. |
|
SECTION 131. Section 681.012, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 681.012. SEIZURE AND REVOCATION OF PLACARD. (a) A law |
|
enforcement officer who believes that an offense under Section |
|
681.011(a) or (d) has occurred in the officer's presence shall |
|
seize any disabled parking placard involved in the offense. Not |
|
later than 48 hours after the seizure, the officer shall determine |
|
whether probable cause existed to believe that the offense was |
|
committed. If the officer does not find that probable cause |
|
existed, the officer shall promptly return each placard to the |
|
person from whom it was seized. If the officer finds that probable |
|
cause existed, the officer, not later than the fifth day after the |
|
date of the seizure, shall destroy the [submit each seized] placard |
|
and notify [to] the department. |
|
(a-1) A peace officer may seize a disabled parking placard |
|
from a person who operates a vehicle on which a disabled parking |
|
placard is displayed if the peace officer determines by inspecting |
|
the person's driver's license, [or] personal identification |
|
certificate, or military identification that the disabled parking |
|
placard does not contain the first four digits of the driver's |
|
license number, [or] personal identification certificate number, |
|
or military identification number and the initials of: |
|
(1) the person operating the vehicle; |
|
(2) the applicant on behalf of a person being |
|
transported by the vehicle; or |
|
(3) a person being transported by the vehicle. |
|
(a-2) A peace officer shall destroy a seized [submit each
|
|
seized parking] placard and notify [to] the department [not later
|
|
than the fifth day after the seizure]. |
|
(b) On seizure of a placard [submission to the department] |
|
under Subsection (a) or (a-1) [(a-2)], a placard is revoked. On |
|
request of the person from whom the placard was seized, the |
|
department shall conduct a hearing and determine whether the |
|
revocation should continue or the placard should be returned to the |
|
person and the revocation rescinded. |
|
SECTION 132. Section 728.002(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) This section does not prohibit the quoting of a price |
|
for a motor home or [,] tow truck[, or towable recreational vehicle] |
|
at a show or exhibition described by Section 2301.358, Occupations |
|
Code. |
|
SECTION 133. Section 730.007(c), 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; |
|
(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 |
|
(C) an agency of this state investigating an |
|
alleged violation of a state or federal law under authority |
|
provided by Title 4, Labor Code; or |
|
(2) prevent a court from compelling by subpoena the |
|
production of a person's photographic image. |
|
SECTION 134. Section 1001.009(c), Transportation Code, is |
|
amended to read as follows: |
|
(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; and |
|
(3) require an overpayment of a motor vehicle or |
|
salvage dealer license fee of: |
|
(A) less than $10 to be credited toward a future |
|
fee requirement; and |
|
(B) more than $10 to be refunded. |
|
SECTION 135. Subchapter A, Chapter 1001, Transportation |
|
Code, is amended by adding Section 1001.012 to read as follows: |
|
Sec. 1001.012. IMMUNITY FROM LIABILITY. (a) |
|
Notwithstanding any other law, the executive director, a board |
|
member, or an employee is not personally liable for damages |
|
resulting from an official act or omission unless the act or |
|
omission constitutes intentional or malicious malfeasance. |
|
(b) To the extent a person described by Subsection (a) is |
|
personally liable for damages for which the state provides |
|
indemnity under Chapter 104, Civil Practice and Remedies Code, this |
|
section does not affect the state's liability for the indemnity. |
|
SECTION 136. 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. |
|
SECTION 137. Section 1001.023(b), Transportation Code, is |
|
amended to read as follows: |
|
(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 at least one employee [one or more
|
|
employees] of the department as a civil rights officer [division] |
|
of the department and receive regular reports from the officer or |
|
officers [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 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 138. Section 1001.042, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board |
|
shall develop and implement policies that clearly define the |
|
respective responsibilities of the executive director and the staff |
|
of the department. |
|
SECTION 139. Section 1001.101(2), Transportation Code, is |
|
amended to read as follows: |
|
(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 502.091 |
|
[502.054]. |
|
SECTION 140. The following laws are repealed: |
|
(1) Sections 2301.101, 2301.157, 2301.259(b), and |
|
2301.606(a), Occupations Code; |
|
(2) Sections 502.252(b), 503.009(b), 503.029(b), |
|
503.030(b), 503.066(b), 520.008, 520.009, 520.0091, 520.0092, |
|
622.013, 622.017, 622.018, 623.0711(k), and 623.093(f), |
|
Transportation Code; |
|
(3) Section 504.660(b), Transportation Code, as added |
|
by Chapter 1381 (S.B. 1616), Acts of the 81st Legislature, Regular |
|
Session, 2009; and |
|
(4) Section 520.004, Transportation Code, as added by |
|
Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular |
|
Session, 2011. |
|
SECTION 141. The changes in law made by this Act apply only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 142. 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. |
|
SECTION 143. To the extent of any conflict, this Act |
|
prevails over another Act of the 83rd Legislature, Regular Session, |
|
2013, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 144. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2013. |
|
(b) Sections 501.146 and 504.202, Transportation Code, as |
|
amended by this Act, and Section 504.948, Transportation Code, as |
|
added by this Act, take effect immediately if this Act receives a |
|
vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, |
|
Sections 501.146 and 504.202, Transportation Code, as amended by |
|
this Act, and Section 504.948, Transportation Code, as added by |
|
this Act, take effect September 1, 2013. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2741 was passed by the House on May 4, |
|
2013, by the following vote: Yeas 127, Nays 8, 2 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2741 on May 24, 2013, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 2741 on May 26, 2013, by the following vote: Yeas 135, |
|
Nays 9, 3 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2741 was passed by the Senate, with |
|
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays |
|
1; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2741 on May 26, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |