By: Buckingham, Birdwell S.B. No. 604
      Hall
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Department
  of Motor Vehicles and to the operations of certain other entities
  performing functions associated with the department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.01.  Section 1001.005, Transportation Code, is
  amended to read as follows:
         Sec. 1001.005.  SUNSET PROVISION. The department is subject
  to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the department
  is abolished September 1, 2031 [2019].
         SECTION 1.02.  Section 1001.023(a), Transportation Code, is
  amended to read as follows:
         (a)  The governor shall appoint one of the public members of
  the board to serve as [board's members] chair of the board.  The
  chair serves at the pleasure of the governor.  The board shall elect
  one of its members vice chair of the board.  The vice chair serves at
  the pleasure of the board.
         SECTION 1.03.  Section 1001.030, Transportation Code, is
  amended to read as follows:
         Sec. 1001.030.  BOARD MEMBER TRAINING [ON DEPARTMENT AND
  CERTAIN LAWS RELATING TO DEPARTMENT]. (a)  A [To be eligible to
  take office as a member of the board, a] person who is appointed to
  and qualifies for office as a member of
  deliberate, or be counted as a member in attendance at a meeting
  of the board until the person completes
  one course of
  section.
         (b)  The training program must provide the person with
  information [to the person] regarding:
               (1)  the law governing department operations [this
  subchapter];
               (2)  the board's programs, functions, and rules and the
  budget of [operated by] the department;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the board [department];
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including any
  rule, interpretation, or enforcement action that:
                     (A)  regulates the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restricts advertising by persons in a
  profession or business the board regulates;
                     (C)  affects the price of goods or services
  provided by persons in a profession or business the board
  regulates; or
                     (D)  restricts participation in a profession or
  business the board regulates [rules of the department with an
  emphasis on the rules that relate to disciplinary and investigatory
  authority];
               (5)  [the current budget for the department;
               [(6)]  the results of the most recent formal audit of
  the department;
               (6) [(7)]  the requirements of [the]:
                     (A)  laws relating to open meetings, public
  information, [law, Chapter 551, Government Code;
                     [(B)     open records law, Chapter 552, Government
  Code; and
                     [(C)]  administrative procedure [law], and
  disclosure of conflicts of interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties [Chapter 2001, Government Code;
               [(8)     the requirements of the conflict of interest laws
  and other laws relating to public officials]; and
               (7) [(9)]  any applicable ethics policies adopted by
  the department [board] or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program,
  regardless of whether the attendance at the program occurs before
  or after [as provided by the General Appropriations Act and as if]
  the person qualifies for office [were a member of the board].
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b).  The
  executive director shall distribute a copy of the training manual
  annually to each member of the board.  Each member of the board
  shall sign and submit to the executive director a statement
  acknowledging that the member received and has reviewed the
  training manual.
         SECTION 1.04.  Section 1001.041(a), Transportation Code, is
  amended to read as follows:
         (a)  Subject to the General Appropriations Act or other law,
  the executive director shall appoint deputies, assistants, and
  other personnel, including a general counsel, as necessary to carry
  out the powers and duties of the department under this code, other
  applicable vehicle laws of this state, and other laws granting
  jurisdiction or applicable to the department.
         SECTION 1.05.  Section 1001.0411, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  In accordance with Section 1001.041(a), the executive
  director shall hire and oversee a general counsel to advise the
  department.
         SECTION 1.06.  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 separate [define]
  the policy-making responsibilities of the board and the management
  [respective] responsibilities of the executive director, including
  the appointment of department staff, and the staff of the
  department.
         SECTION 1.07.  Chapter 1003, Transportation Code, is amended
  by adding Sections 1003.0055 and 1003.008 to read as follows:
         Sec. 1003.0055.  COMPLAINTS. (a)  The department shall
  maintain a system to promptly and efficiently act on complaints
  filed with the department. The department shall maintain
  information about parties to and the subject matter of the
  complaint and a summary of the results of the review or
  investigation of the complaint and the disposition of the
  complaint.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The department shall periodically notify the parties to
  the complaint of the status of the complaint until final
  disposition.
         Sec. 1003.008.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY. (a)  The board shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The department shall:
               (1)  coordinate the implementation of the policy
  developed under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 1.08.  The following provisions are repealed:
               (1)  Section 2110.002(c), Government Code; and
               (2)  Section 1001.031(a-1), Transportation Code.
         SECTION 1.09.  If the chair of the board of the Texas
  Department of Motor Vehicles is not a public member as required by
  Section 1001.023(a), Transportation Code, as amended by this Act,
  the governor shall designate a public member of that board to serve
  as chair not later than December 1, 2019.
         SECTION 1.10.  (a)  Except as provided by Subsection (b) of
  this section, Section 1001.030, Transportation Code, as amended by
  this Act, applies to a member of the board of the Texas Department
  of Motor Vehicles who is appointed before, on, or after the
  effective date of this Act.
         (b)  A member of the board of the Texas Department of Motor
  Vehicles who, before the effective date of this Act, completed the
  training program required by Section 1001.030, Transportation
  Code, as that law existed before the effective date of this Act, is
  required to complete additional training only on subjects added by
  this Act to the training program as required by Section 1001.030,
  Transportation Code, as amended by this Act. A board member
  described by this subsection may not vote, deliberate, or be
  counted as a member in attendance at a meeting of the board held on
  or after December 1, 2019, until the member completes the
  additional training.
  ARTICLE 2. LICENSING
         SECTION 2.01.  Section 2301.203(c), Occupations Code, is
  amended to read as follows:
         (c)  Except as otherwise provided by this subsection, the
  [The] board may not file a complaint alleging a violation of this
  chapter or a board rule relating to advertising until the board has
  notified the license holder involved of the alleged violation and
  given the license holder an opportunity to cure the violation
  without further proceedings or liability.  If the board has
  previously given a license holder notice and an opportunity to cure
  any violation of this chapter or a board rule relating to
  advertising as provided by this subsection, the board may file a
  complaint alleging a subsequent violation of this chapter or a
  board rule relating to advertising after the board has notified the
  license holder involved of the alleged violation.
         SECTION 2.02.  Section 2301.251(a), Occupations Code, is
  amended to read as follows:
         (a)  Unless a person holds a license issued under this
  chapter authorizing the activity, the person may not:
               (1)  engage in business as, serve in the capacity of, or
  act as a dealer, manufacturer, distributor, converter,
  [representative,] vehicle lessor, or vehicle lease facilitator in
  this state; or
               (2)  perform or offer to perform repair services on a
  motor vehicle under a franchise and a motor vehicle manufacturer's
  warranty, regardless of whether the person sells or offers to sell
  motor vehicles at the same location.
         SECTION 2.03.  Section 2301.258, Occupations Code, is
  amended to read as follows:
         Sec. 2301.258.  GENERAL REQUIREMENTS FOR APPLICATION FOR
  MANUFACTURER'S, DISTRIBUTOR'S, OR CONVERTER'S[, OR
  REPRESENTATIVE'S] LICENSE. An application for a manufacturer's,
  distributor's, or converter's[, or representative's] license must
  be on a form prescribed by the department. The application must
  include information the department determines necessary to fully
  determine the qualifications of an applicant, including financial
  resources, business integrity and experience, facilities and
  personnel for serving franchised dealers, and other information the
  department determines pertinent to safeguard the public interest
  and welfare.
         SECTION 2.04.  Section 2301.264(a), Occupations Code, is
  amended to read as follows:
         (a)  The annual fees for a license issued under this chapter
  are:
               (1)  $900 for a manufacturer or distributor, plus $20
  for each dealer franchised by the manufacturer or distributor;
               (2)  for a franchised dealer:
                     (A)  $175, if the dealer sold fewer than 201 new
  motor vehicles during the preceding calendar year;
                     (B)  $275, if the dealer sold more than 200 but
  fewer than 401 new motor vehicles during the preceding calendar
  year;
                     (C)  $400, if the dealer sold more than 400 but
  fewer than 801 new motor vehicles during the preceding calendar
  year;
                     (D)  $500, if the dealer sold more than 800 but
  fewer than 1,201 new motor vehicles during the preceding calendar
  year;
                     (E)  $625, if the dealer sold more than 1,200 but
  fewer than 1,601 new motor vehicles during the preceding calendar
  year;
                     (F)  $750, if the dealer sold more than 1,600 new
  motor vehicles during the preceding calendar year; and
                     (G)  $100 for each location separate from the
  dealership at which the dealer does not offer motor vehicles for
  sale but performs warranty service work on vehicles the dealer is
  franchised and licensed to sell;
               (3)  [$100 for a representative;
               [(4)]  $375 for a converter;
               (4) [(5)]  for a vehicle lessor:
                     (A)  $175, if the lessor leased 200 or fewer motor
  vehicles during the preceding calendar year;
                     (B)  $275, if the lessor leased more than 200 but
  fewer than 401 motor vehicles during the preceding calendar year;
                     (C)  $400, if the lessor leased more than 400 but
  fewer than 801 motor vehicles during the preceding calendar year;
                     (D)  $500, if the lessor leased more than 800 but
  fewer than 1,201 motor vehicles during the preceding calendar year;
                     (E)  $625, if the lessor leased more than 1,200
  but fewer than 1,601 motor vehicles during the preceding calendar
  year; and
                     (F)  $750, if the lessor leased more than 1,600
  motor vehicles during the preceding calendar year; and
               (5) [(6)]  $375 for a vehicle lease facilitator.
         SECTION 2.05.  Section 2301.304, Occupations Code, is
  amended to read as follows:
         Sec. 2301.304.  PROCEDURE FOR RENEWAL OF CERTAIN LICENSES.
  The holder of a manufacturer's, distributor's, or converter's[, or
  representative's] license may apply for a renewal of the license by
  complying with the application process specified by this chapter
  and board rule.
         SECTION 2.06.  Section 2301.358(c), Occupations Code, is
  amended to read as follows:
         (c)  This section does not prohibit the sale of a towable
  recreational vehicle, motor home, ambulance, fire-fighting
  vehicle, or tow truck at a show or exhibition if:
               (1)  the [show or exhibition is approved by the]
  department receives written notice of the show or exhibition before
  the date the show or exhibition opens; and
               (2)  the sale is not otherwise prohibited by law.
         SECTION 2.07.  Section 2301.709, Occupations Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The board shall adopt rules and policies that establish
  standards for reviewing a case under this subchapter. The rules and
  policies must:
               (1)  specify the role of division personnel in managing
  contested cases before the board or a person delegated power from
  the board under Section 2301.154, including advising on procedural
  matters;
               (2)  specify appropriate conduct and discussion by the
  board or a person delegated power from the board under Section
  2301.154 regarding proposals for decision issued by administrative
  law judges;
               (3)  specify clear expectations limiting arguments and
  discussion under Subsection (b) to evidence in the record of the
  contested case hearing held by the administrative law judge;
               (4)  address ex parte communications; and
               (5)  distinguish between using industry expertise and
  representing or advocating for an industry when reviewing a case
  under this subchapter.
         SECTION 2.08.  Subchapter Q, Chapter 2301, Occupations Code,
  is amended by adding Section 2301.807 to read as follows:
         Sec. 2301.807.  REFUND. If, after a proceeding under this
  chapter and board rules, the board determines that a person is
  violating or has violated this chapter or a rule adopted or order
  issued under this chapter, the board may order the person to pay a
  refund to the buyer or lessee of the motor vehicle that is the
  subject of the proceeding.
         SECTION 2.09.  Section 2302.101, Occupations Code, is
  amended to read as follows:
         Sec. 2302.101.  [LICENSE REQUIRED FOR] SALVAGE VEHICLE
  DEALER LICENSE. (a)  Unless a person holds a salvage vehicle
  dealer license issued under this chapter, the person may not:
               (1)  act as a salvage vehicle dealer or rebuilder; or
               (2)  store or display a motor vehicle as an agent or
  escrow agent of an insurance company.
         (b)  A person who holds a salvage vehicle dealer license
  issued under this chapter may perform any of the activities of a
  salvage vehicle dealer, including:
               (1)  buying salvage motor vehicles and nonrepairable
  motor vehicles or selling salvage motor vehicles and nonrepairable
  motor vehicles that have been issued a salvage vehicle title or
  nonrepairable vehicle title, as appropriate;
               (2)  engaging in the business of selling nonrepairable
  motor vehicles or salvage motor vehicles at auction, including
  wholesale auction;
               (3)  offering or negotiating to sell or buy salvage
  motor vehicles or nonrepairable motor vehicles owned by a license
  holder and to be purchased or sold by another license holder;
               (4)  acting as the agent or representative of a license
  holder in performing an act described by Subdivision (3); and
               (5)  acquiring and repairing, rebuilding, or
  reconstructing for operation on a public highway more than five
  salvage motor vehicles in a calendar year.
         SECTION 2.10.  Section 2302.103, Occupations Code, is
  amended to read as follows:
         Sec. 2302.103.  APPLICATION FOR SALVAGE VEHICLE DEALER
  LICENSE. [(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 and the application fee.
         [(b)     An applicant may apply for a salvage vehicle dealer
  license with an endorsement in one or more of the following
  classifications:
               [(1)  new automobile dealer;
               [(2)  used automobile dealer;
               [(3)  salvage pool operator;
               [(4)  salvage vehicle broker; or
               [(5)  salvage vehicle rebuilder.]
         SECTION 2.11.  Section 2302.151, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  A license issued under this chapter is valid for the
  period prescribed by the board [expires on the first anniversary of
  the date of issuance].
         (c)  If the board prescribes the term of a license under this
  chapter for a period other than one year, the board shall prorate
  the applicable fee required under this chapter as necessary to
  reflect the term of the license.
         SECTION 2.12.  Section 2302.351(b), Occupations Code, is
  amended to read as follows:
         (b)  If a salvage vehicle dealer or[,] an employee of the
  dealer acting in the course of employment[, or a salvage vehicle
  agent operating under the dealer's license] is convicted of more
  than one offense under Section 2302.353(a), the district attorney
  for a county in which the dealer's salvage business is located may
  bring an action in that county to enjoin the dealer's business
  operations for a period of at least one year.
         SECTION 2.13.  Subchapter H, Chapter 2302, Occupations Code,
  is amended by adding Section 2302.355 to read as follows:
         Sec. 2302.355.  CEASE AND DESIST ORDER. If it appears to the
  board that a person who is not licensed under this chapter is
  violating this chapter or a rule or order adopted under this
  chapter, the board, after notice and opportunity for a hearing, may
  issue a cease and desist order prohibiting the person from engaging
  in the activity.
         SECTION 2.14.  Section 503.029, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The department by rule shall:
               (1)  establish education and training requirements, to
  be provided by an education and training program approved by the
  department, for an applicant for an original or renewal general
  distinguishing number who proposes to be an independent motor
  vehicle dealer; and
               (2)  require the applicant under Subdivision (1) to
  establish that the applicant completed the education and training
  required under that subdivision.
         SECTION 2.15.  Subchapter F, Chapter 643, Transportation
  Code, is amended by adding Section 643.257 to read as follows:
         Sec. 643.257.  REFUND BY MOTOR CARRIERS TRANSPORTING
  HOUSEHOLD GOODS. The department may order a motor carrier that
  violates this chapter or a rule or order adopted under this chapter
  to pay a refund to a consumer who paid the motor carrier to
  transport household goods.
         SECTION 2.16.  Sections 2301.264(c), 2301.358(a),
  2302.001(6), 2302.102, and 2302.107, Occupations Code, are
  repealed.
         SECTION 2.17.  (a)  The changes in law made by this Act to
  Chapters 2301 and 2302, Occupations Code, do not affect the
  validity of a proceeding pending before a court or other
  governmental entity on the effective date of this Act.
         (b)  An offense or other violation of law committed before
  the effective date of this Act is governed by the law in effect when
  the offense or violation was committed, and the former law is
  continued in effect for that purpose.  For purposes of this
  subsection, an offense or violation was committed before the
  effective date of this Act if any element of the offense or
  violation occurred before that date.
         (c)  On the effective date of this Act, a representative's
  license issued under Chapter 2301, Occupations Code, as that law
  existed immediately before the effective date of this Act, expires.
         (d)  On the effective date of this Act, a salvage vehicle
  agent license issued under former Section 2302.107, Occupations
  Code, expires.
         (e)  Section 2302.151(a), Occupations Code, as amended by
  this Act, applies only to a license issued or renewed on or after
  September 1, 2019. A license issued or renewed before that date is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
  ARTICLE 3. REGISTRATION AND TITLING
         SECTION 3.01.  Section 520.004, Transportation Code, is
  amended to read as follows:
         Sec. 520.004.  DEPARTMENT RESPONSIBILITIES. The department
  has jurisdiction over the registration and titling of, and the
  issuance of license plates to, motor vehicles in compliance with
  the applicable statutes. The department by rule:
               (1)  shall provide services that are reasonable,
  adequate, and efficient;
               (2)  shall establish standards for uniformity and
  service quality for counties and dealers licensed under Section
  520.005; [and]
               (3)  may conduct public service education campaigns
  related to the department's functions; and
               (4)  shall establish a risk-based system of monitoring
  and preventing fraudulent activity related to vehicle registration
  and titling in order to efficiently allocate resources and
  personnel.
         SECTION 3.02.  Section 520.005, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  Each county assessor-collector shall make available to
  motor vehicle dealers the electronic system designed by the
  department that allows a motor vehicle dealer to submit a title and
  registration application online in the name of the purchaser of a
  motor vehicle.
         SECTION 3.03.  Subchapter A, Chapter 520, Transportation
  Code, is amended by adding Sections 520.0075, 520.010, and 520.011
  to read as follows:
         Sec. 520.0075.  CONTRACTING STANDARDS FOR TAX
  ASSESSOR-COLLECTOR. (a)  In this section, "deputy" means a deputy
  classified as a full service deputy by a board rule adopted under
  Section 520.0071.
         (b)  Notwithstanding Section 262.023, Local Government Code,
  a county tax assessor-collector who awards a contract to a deputy
  for the performance of registration and titling services must
  comply with standard state contracting practices as if the county
  tax assessor-collector were a state agency, including requirements
  related to:
               (1)  purchase methods and competitive bidding under
  Sections 2155.062 and 2155.063, Government Code;
               (2)  determining the best value for the county under
  Sections 2155.074, 2155.075, and 2155.0755, Government Code;
               (3)  contracting standards and oversight under Chapter
  2261, Government Code; and
               (4)  contract management under Chapter 2262,
  Government Code.
         (c)  A contract described by Subsection (b) must:
               (1)  specify an expiration date and renewal or
  extension terms for the contract; and
               (2)  include performance criteria and measures
  necessary to evaluate the performance of the deputy under the
  contract.
         (d)  A county tax assessor-collector shall monitor and
  evaluate the performance of a deputy awarded a contract described
  by this section and use that information in determining whether to
  renew or extend the contract or award a new contract.
         Sec. 520.010.  AUDIT AND INVESTIGATION RELATED TO
  REGISTRATION AND TITLING SERVICES. (a)  The department may:
               (1)  audit or perform a compliance review of a person
  performing registration or titling services;
               (2)  investigate any provision of state functions
  related to registration or titling; and
               (3)  access any records needed to conduct the audit,
  compliance review, or investigation.
         (b)  A county tax assessor-collector may:
               (1)  audit, perform a compliance review of, or
  investigate a person providing registration or titling services in
  the county in which the assessor-collector is located; and
               (2)  access any records needed to conduct the audit,
  compliance review, or investigation.
         (c)  The department's authority under Subsection (a) is not
  limited by a similar audit, compliance review, or investigation
  conducted by a county tax assessor-collector under Subsection (b).
         Sec. 520.011.  AUDIT OF COUNTY TAX ASSESSOR-COLLECTOR. The
  comptroller, in coordination with the department, may include, as
  part of the comptroller's regular audits of state revenue
  collection by county tax assessor-collector offices, the review of
  processes relating to a county's collection and remittance of
  revenue included in an audit.
         SECTION 3.04.  Chapter 520, Transportation Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. AUTOMATED REGISTRATION AND TITLING SYSTEM
         Sec. 520.021.  RULES AND POLICIES. The department may adopt
  rules and policies for the maintenance and use of the department's
  automated registration and titling system.
         Sec. 520.022.  ACCESS TO SYSTEM. The department has the sole
  authority to determine access to the department's automated
  registration and titling system.
         Sec. 520.023.  TRAINING. (a)  The department shall
  implement a training program providing information on the:
               (1)  department's automated registration and titling
  system; and
               (2)  identification of fraudulent activity related to
  vehicle registration and titling.
         (b)  The department shall require a person performing
  registration or titling services to complete the training under
  Subsection (a).
         SECTION 3.05.  (a)  Each county tax assessor-collector who
  has, before the effective date of this Act, entered into a contract
  described by Section 520.0075, Transportation Code, as added by
  this Act, shall rebid the contract using the contracting standards
  provided under that section not later than March 31, 2020.
         (b)  In order to assist a county tax assessor-collector in
  the rebidding of contracts under Subsection (a) of this section,
  the Texas Department of Motor Vehicles shall provide guidance and
  recommendations on contracting practices to the county tax
  assessor-collector.
         SECTION 3.06.  Not later than December 1, 2019, the Texas
  Department of Motor Vehicles shall adopt rules to implement the
  training program required by Section 520.023, Transportation Code,
  as added by this Act.
         SECTION 3.07.  Not later than March 1, 2020, the Texas
  Department of Motor Vehicles shall, in coordination with county tax
  assessor-collectors and in accordance with Subchapter C, Chapter
  520, Transportation Code, as added by this Act, develop, adopt, and
  implement rules that create clear criteria for the suspension or
  denial of access to the department's automated registration and
  titling system if a county tax assessor-collector suspects abuse,
  fraud, or waste relating to the system by an employee of the
  assessor-collector's or a person deputized under Section 520.0071,
  Transportation Code.
         SECTION 3.08.  Not later than September 1, 2020, each county
  tax assessor-collector shall make available the electronic system
  to motor vehicle dealers as required by Section 520.005(e),
  Transportation Code, as added by this Act.
  ARTICLE 4. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
         SECTION 4.01.  Subtitle M, Title 7, Transportation Code, is
  amended by adding Chapter 1006, and a heading is added to that
  chapter to read as follows:
  CHAPTER 1006. MOTOR VEHICLE CRIME PREVENTION AUTHORITY
         SECTION 4.02.  Chapter 1006, Transportation Code, as added
  by this Act, is amended by adding Subchapter A, and a heading is
  added to that subchapter to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         SECTION 4.03.  Section 1, Article 4413(37), Revised
  Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
  3225), Acts of the 80th Legislature, Regular Session, 2007, is
  transferred to Subchapter A, Chapter 1006, Transportation Code, as
  added by this Act, redesignated as Section 1006.001, Transportation
  Code, reenacted, and amended to read as follows:
         Sec. 1006.001 [1].  DEFINITIONS. In this chapter [article]:
               (1)  "Authority" means the Motor Vehicle Crime
  [Automobile Burglary and Theft] Prevention Authority.
               (2)  "Economic motor vehicle theft" means motor vehicle
  burglary or theft committed for financial gain.
               (3)  "Insurer" means any insurance company writing any
  form of motor vehicle insurance in this state, including an
  interinsurance or reciprocal exchange, mutual company, mutual
  association, or Lloyd's plan ["Department" means the Texas
  Department of Motor Vehicles].
               (4)  ["Director" means the executive director of the
  Texas Department of Transportation.
               [(5)]  "Motor vehicle" means a self-propelled vehicle
  or a vehicle, trailer, or semitrailer designed for use with a
  self-propelled vehicle. The term does not include a vehicle that
  runs exclusively on fixed rails or tracks or a piece of equipment
  operated solely on private property.
               (5)  "Motor vehicle burglary or theft" includes
  economic motor vehicle theft.
         SECTION 4.04.  Section 2, Article 4413(37), Revised
  Statutes, is transferred to Subchapter A, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.002, Transportation Code, and amended to read as follows:
         Sec. 1006.002 [2].  ESTABLISHMENT. The Motor Vehicle Crime
  [Automobile Burglary and Theft] Prevention Authority is
  established in the department [Texas Department of Motor Vehicles].
  The authority is not an advisory body to the department [Texas
  Department of Motor Vehicles].
         SECTION 4.05.  Chapter 1006, Transportation Code, as added
  by this Act, is amended by adding Subchapter B, and a heading is
  added to that subchapter to read as follows:
  SUBCHAPTER B. COMPOSITION AND ADMINISTRATION
         SECTION 4.06.  Sections 3(a), (b), (c), (d), (i), (j), and
  (k), Article 4413(37), Revised Statutes, are transferred to
  Subchapter B, Chapter 1006, Transportation Code, as added by this
  Act, redesignated as Sections 1006.051 and 1006.052,
  Transportation Code, and amended to read as follows:
         Sec. 1006.051.  AUTHORITY MEMBERSHIP. (a)  The authority is
  composed of seven members.
         (b)  The governor, with the advice and consent of the senate,
  shall appoint the following six members:
               (1)  two representatives of motor vehicle insurance
  consumers;
               (2)  two representatives of insurance companies
  writing motor vehicle insurance in this state; and
               (3)  two representatives of law enforcement.
         (c)  The public safety director of the Department of Public
  Safety or the director's designee serves ex officio as the seventh
  member of the authority.
         (d)  Appointments to the authority shall be made without
  regard to race, color, disability, sex, religion, age, or national
  origin of the appointees.
         Sec. 1006.052.  ELIGIBILITY RESTRICTIONS. (a) [(i)]  A
  person is not eligible for appointment as a representative of motor
  vehicle insurance consumers under Section 1006.051(b)(1)
  [Subsection (b)(1) of this section] if the person or the person's
  spouse:
               (1)  is registered, certified, or licensed by an
  occupational regulatory agency in the field of motor vehicle
  insurance or law enforcement;
               (2)  is an officer, employee, or paid consultant of a
  Texas trade association in the field of motor vehicle insurance or
  law enforcement;
               (3)  is employed by or participates in the management
  of a business entity or other organization receiving funds from the
  authority;
               (4)  owns or controls, directly or indirectly, more
  than a 10 percent [10-percent] interest in a business entity or
  other organization receiving funds from the authority; or
               (5)  uses or receives a substantial amount of tangible
  goods, services, or funds from the authority, other than
  reimbursement authorized by law for service on the board of the
  authority.
         (b) [(j)]  For purposes of Subsection (a)(2) [(i)(2) of this
  section], "[a] Texas trade association" means [is] a nonprofit,
  cooperative, and voluntarily joined association of business or
  professional competitors in this state designed to assist the
  association's [its] members and the members' [its] industry or
  profession in dealing with mutual business or professional problems
  and in promoting the members' [their] common interest.
         (c) [(k)]  A person may not serve as a member of the
  authority [or act as the general counsel to the authority] if the
  person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to [law enforcement
  or] motor vehicle insurance or law enforcement.
         SECTION 4.07.  Section 3(e), Article 4413(37), Revised
  Statutes, is transferred to Subchapter B, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.053, Transportation Code, and amended to read as follows:
         Sec. 1006.053.  TERM OF OFFICE; VACANCY. (a) [(e)]  The six
  members of the authority appointed by the governor serve staggered
  six-year terms, with the terms of two members expiring February 1 of
  each odd-numbered year.
         (b)  If there is a vacancy during a term, the governor shall
  appoint a replacement who meets the requirements of the vacant
  office to fill the unexpired term.
         SECTION 4.08.  Section 5(a), Article 4413(37), Revised
  Statutes, is transferred to Subchapter B, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.054, Transportation Code, and amended to read as follows:
         Sec. 1006.054.  PRESIDING OFFICER. [(a)]  The governor
  shall designate a member of the authority as the presiding officer
  of the authority to serve in that capacity at the pleasure of the
  governor.
         SECTION 4.09.  Sections 3(f), (g), (h), and (l), Article
  4413(37), Revised Statutes, are transferred to Subchapter B,
  Chapter 1006, Transportation Code, as added by this Act,
  redesignated as Sections 1006.055 and 1006.056, Transportation
  Code, and amended to read as follows:
         Sec. 1006.055.  GROUNDS FOR REMOVAL. (a) [(f)]  It is a
  ground for removal from the authority if a member:
               (1)  does not have at the time of appointment the
  qualifications required by Section 1006.051(b) [Subsection (b)] or
  is disqualified under Section 1006.052 [Subsection (i) or (k) of
  this section];
               (2)  does not maintain during service on the authority
  the qualifications required by Section 1006.051(b) [Subsection
  (b)] or becomes disqualified under Section 1006.052 [Subsection (i)
  or (k) of this section];
               (3)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term [for which the member is appointed]; or
               (4)  is absent from more than half of the regularly
  scheduled authority meetings that the member is eligible to attend
  during a calendar year.
         (b) [(g)]  The validity of an action of the authority is not
  affected by the fact that it is taken when a ground for removal of a
  member of the authority exists.
         (c) [(h)]  If the executive director has knowledge that a
  potential ground for removal exists, the executive director shall
  notify the presiding officer of the authority of the potential
  ground. The presiding officer shall then notify the governor and
  the attorney general that a potential ground for removal exists. If
  the potential ground for removal involves the presiding officer,
  the executive director shall notify the next highest officer of the
  authority, who shall notify the governor and the attorney general
  that a potential ground for removal exists.
         Sec. 1006.056.  INFORMATION ON QUALIFICATIONS AND CONDUCT.
  [(l)]  The executive director or the executive director's designee
  shall provide to members of the authority, as often as necessary,
  information regarding the members' [their] qualifications for
  office under this chapter [article] and their responsibilities
  under applicable laws relating to standards of conduct for state
  officers.
         SECTION 4.10.  Sections 5(c), (d), and (e), Article
  4413(37), Revised Statutes, are transferred to Subchapter B,
  Chapter 1006, Transportation Code, as added by this Act,
  redesignated as Section 1006.057, Transportation Code, and amended
  to read as follows:
         Sec. 1006.057.  MEMBER TRAINING. (a) A [(c)     To be eligible
  to take office as a member of the authority, a] person who is
  appointed to and qualifies for office as a member of the authority
  may not vote, deliberate, or be counted as a member in attendance at
  a meeting of the authority until the person completes [must
  complete at least one course of] a training program that complies
  with this section [Subsection (d)].
         (b) [(d)]  The training program [required by Subsection (c)]
  must provide the person with information [to the person] regarding:
               (1)  the law governing authority operations [enabling
  legislation that created the authority and its policymaking body to
  which the member is appointed to serve];
               (2)  the programs, functions, rules, and budget of
  [operated by] the authority;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the authority;
               (4)  [the rules of the authority and the department;
               [(5)  the current budget for the authority;
               [(6)]  the results of the most recent formal audit of
  the authority;
               (5) [(7)]  the requirements of [the]:
                     (A)  laws relating to open meetings, public
  information, [law, Chapter 551, Government Code;
                     [(B)     open records law, Chapter 552, Government
  Code; and
                     [(C)]  administrative procedure [law], and
  disclosure of conflicts of interest; and
                     (B)  other laws applicable to members of the
  authority in performing their duties [Chapter 2001, Government
  Code;
               [(8)     the requirements of the conflict-of-interest
  laws and other laws relating to public officials]; and
               (6) [(9)]  any applicable ethics policies adopted by
  the department or the Texas Ethics Commission.
         (c) [(e)]  A person appointed to the authority is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program,
  regardless of whether the attendance at the program occurs before
  or after [required by Subsection (c) as provided by the General
  Appropriations Act and as if] the person qualifies for office [were
  a member of the authority].
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b).  The
  executive director shall distribute a copy of the training manual
  annually to each member of the authority. Each member of the
  authority shall sign and submit to the executive director a
  statement acknowledging that the member received and has reviewed
  the training manual.
         SECTION 4.11.  Section 4, Article 4413(37), Revised
  Statutes, is transferred to Subchapter B, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.058, Transportation Code, and amended to read as follows:
         Sec. 1006.058 [4].  REIMBURSEMENT FOR EXPENSES. A member of
  the authority is not entitled to compensation for service on the
  authority but is entitled to reimbursement for expenses incurred in
  performing the member's duties at the rate provided by [in] the
  General Appropriations Act.
         SECTION 4.12.  Sections 6(e), (f), and (g), Article
  4413(37), Revised Statutes, are transferred to Subchapter B,
  Chapter 1006, Transportation Code, as added by this Act,
  redesignated as Sections 1006.059 and 1006.060, Transportation
  Code, and amended to read as follows:
         Sec. 1006.059.  PERSONNEL AND SERVICES. (a) [(e)]  The
  authority may be provided various services only by or through the
  department as needed to carry out the authority's [its] purposes,
  powers, and duties. These services may include[, but are not
  limited to,] legal services not provided by the attorney general,
  fiscal services, administrative services, and personnel services.  
  [Except as provided by this section, the authority may enter into
  contracts in its own name and on its own behalf with recipients of
  grants for purposes of this article.]
         (b) [(f)]  The department shall provide personnel and
  services to the authority as agreed by the authority and the
  department.
         Sec. 1006.060.  DIVISION OF RESPONSIBILITIES. [(g)]  The
  authority shall, in coordination with the department, develop and
  implement policies that clearly separate the policymaking
  responsibilities of the authority and the management
  responsibilities of the department.
         SECTION 4.13.  Section 5(b), Article 4413(37), Revised
  Statutes, is transferred to Subchapter B, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.061, Transportation Code, and amended to read as follows:
         Sec. 1006.061.  MEETINGS. [(b)]  The authority shall meet
  at the call of the presiding officer [chairman] or at the call of
  four members.
         SECTION 4.14.  Section 6(h), Article 4413(37), Revised
  Statutes, is transferred to Subchapter B, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.062, Transportation Code, and amended to read as follows:
         Sec. 1006.062.  PUBLIC TESTIMONY. [(h)]  The authority
  shall develop and implement policies that provide the public with a
  reasonable opportunity to appear before the authority and to speak
  on any issue under the [its] jurisdiction of the authority.
         SECTION 4.15.  Subchapter B, Chapter 1006, Transportation
  Code, as added by this Act, is amended by adding Section 1006.063 to
  read as follows:
         Sec. 1006.063.  LOBBYIST PROHIBITION:  GENERAL COUNSEL. A
  person may not act as the general counsel to the authority if the
  person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to motor vehicle
  insurance or law enforcement.
         SECTION 4.16.  Chapter 1006, Transportation Code, as added
  by this Act, is amended by adding Subchapter C, and a heading is
  added to that subchapter to read as follows:
  SUBCHAPTER C. POWERS AND DUTIES
         SECTION 4.17.  Sections 6(a), (b), (c), and (d), Article
  4413(37), Revised Statutes, are transferred to Subchapter C,
  Chapter 1006, Transportation Code, as added by this Act,
  redesignated as Section 1006.101, Transportation Code, and amended
  to read as follows:
         Sec. 1006.101.  GENERAL POWERS AND DUTIES. (a)  The
  authority shall adopt rules to implement the authority's [its]
  powers and duties.
         (b)  The authority may solicit and accept gifts and grants.
         (c)  The authority may only use [only] staff of the
  department and may delegate authority to the staff as needed.
         (d)  Not later than April 1 of each year, the authority shall
  report on the authority's [its] activities to the lieutenant
  governor and the speaker of the house of representatives.
         SECTION 4.18.  Section 7, Article 4413(37), Revised
  Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
  3225), Acts of the 80th Legislature, Regular Session, 2007, is
  transferred to Subchapter C, Chapter 1006, Transportation Code, as
  added by this Act, redesignated as Section 1006.102, Transportation
  Code, reenacted, and amended to read as follows:
         Sec. 1006.102 [7].  PLAN OF OPERATION. (a)  The authority
  shall develop and implement a plan of operation. The plan of
  operation must be updated biennially and filed with the legislature
  not later than [on or before] December 1 of each even-numbered year.
         (b)  The plan of operation must include:
               (1)  an assessment of the scope of the problems of motor
  vehicle burglary or theft and fraud-related motor vehicle crime
  [economic motor vehicle theft], including particular areas of the
  state where the problems are greatest;
               (2)  an analysis of various methods of combating the
  problems of motor vehicle burglary or theft and fraud-related motor
  vehicle crime [economic motor vehicle theft];
               (3)  a plan for providing financial support to combat
  motor vehicle burglary or theft and fraud-related motor vehicle
  crime [economic motor vehicle theft]; and
               (4)  an estimate of the funds required to implement the
  plan of operation.
         SECTION 4.19.  Section 12, Article 4413(37), Revised
  Statutes, is transferred to Subchapter C, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.103, Transportation Code, and amended to read as follows:
         Sec. 1006.103 [12].  ADVISORY COMMITTEES. (a)  The
  authority may establish advisory committees to advise the authority
  [it] on any matter under the jurisdiction of the authority.
         (b)  Section 2110.008, Government Code, does not apply to an
  advisory committee established under this section if the advisory
  committee is:
               (1)  established for a specific and immediate need; and
               (2)  dissolved before the first anniversary of the date
  the committee is created.
         (c)  A member of an advisory committee may not be compensated
  by the authority for committee service but is entitled to
  reimbursement for actual and necessary expenses incurred in the
  performance of committee service.
         SECTION 4.20.  Chapter 1006, Transportation Code, as added
  by this Act, is amended by adding Subchapter D, and a heading is
  added to that subchapter to read as follows:
  SUBCHAPTER D. FINANCIAL PROVISIONS
         SECTION 4.21.  Sections 6(j) and (k), Article 4413(37),
  Revised Statutes, are transferred to Subchapter D, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.151, Transportation Code, and amended to read as follows:
         Sec. 1006.151.  GRANTS. (a)  Subject to the requirements of
  this section, the authority may enter into contracts in the
  authority's own name and on the authority's own behalf with
  recipients of grants for purposes of this chapter.
         (b) [(j)]  The authority shall:
               (1)  develop and periodically update [use] standard
  performance measures for each category of grants provided by the
  authority for use in [order to] assessing [assess] grantee success
  in achieving the purposes of this chapter [article]; and
               (2)  ensure that grants are used to help increase:
                     (A)  the recovery rate of stolen motor vehicles;
                     (B)  the clearance rate of:
                           (i)  motor vehicle burglaries and thefts;
  and
                           (ii)  fraud-related motor vehicle crimes;
  and
                     (C)  the number of persons arrested for motor
  vehicle burglary and theft and fraud-related motor vehicle crime.
         (c) [(k)]  The authority shall allocate grant funds
  primarily based on the number of motor vehicles stolen in, or the
  motor vehicle burglary or theft rate across, and the number of
  fraud-related motor vehicle crimes committed in the state rather
  than based on geographic distribution.
         (d)  The authority shall, in consultation with the
  department, annually update the performance measures developed
  under Subsection (b).
         SECTION 4.22.  Sections 6A and 10, Article 4413(37), Revised
  Statutes, are transferred to Subchapter D, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Sections
  1006.152 and 1006.153, Transportation Code, and amended to read as
  follows:
         Sec. 1006.152 [6A].  REFUNDS [POWER TO REFUND]. (a)  The
  authority may make determinations regarding the sufficiency of
  payments made by an ["]insurer[" (as defined under Section 10 of
  this article)] of fees collected under [pursuant to] Section
  1006.153 [10 of this article].
         (b)  Pursuant to a [such] determination made under
  Subsection (a), the authority may:
               (1)  notify the comptroller that payments made by an
  insurer are sufficient; and
               (2)  request the comptroller to draw warrants on the
  funds available to the authority for the purpose of refunding money
  [monies] to an insurer.
         (c)  The authority shall make the determination under
  [Subsection (b) of] this section as follows:
               (1)  the two members of the authority who are
  representatives of insurance companies writing motor vehicle
  insurance in this state shall recuse themselves; and
               (2)  the remaining five members of the authority shall
  make the determination by a simple majority vote.
         (d)  Determinations made under this section shall be
  performed in accordance with procedures set forth in rules adopted
  by the authority. The question of eligibility for a refund is not a
  contested case under [within the meaning of the Administrative
  Procedure Act (]Chapter 2001, Government Code[)].
         (e)  A [Except as provided by Subsection (f), a] request for
  a refund made under this section must be made not later than four
  years after the date the payment was made to the authority under
  Section 1006.153 [10 of this article].
         Sec. 1006.153 [10].  FEE IMPOSED ON INSURER. (a)  In this
  section,[:
               [(1)     "Insurer" means any insurance company writing any
  form of motor vehicle insurance in this state, including an
  interinsurance or reciprocal exchange, mutual company, mutual
  association, or Lloyd's plan.
               [(2)]  "motor [Motor] vehicle years of insurance" means
  the total number of years or portions of years during which a motor
  vehicle is covered by insurance.
         (b)  An insurer shall pay to the authority a fee equal to $2
  multiplied by the total number of motor vehicle years of insurance
  for insurance policies delivered, issued for delivery, or renewed
  by the insurer.  The fee shall be paid not later than:
               (1)  March 1 of each year for a policy delivered,
  issued, [delivered,] or renewed from July 1 through December 31 of
  the previous calendar year; and
               (2)  August 1 of each year for a policy delivered,
  issued, [delivered,] or renewed from January 1 through June 30 of
  that year.
         (c)  The fee imposed by this section is in addition to any
  other fee or tax imposed by law on an insurer.
         (d)  The authority shall notify the Texas Department [State
  Board] of Insurance of any insurer that fails to pay the fee
  required by this section, and the Texas Department of Insurance
  [board] may for that reason revoke the insurer's certificate of
  authority.
         (e)  Fifty percent of each fee collected under Subsection (b)
  may be appropriated only to the authority for the purposes of this
  chapter [article].
         SECTION 4.23.  Section 8, Article 4413(37), Revised
  Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
  3225), Acts of the 80th Legislature, Regular Session, 2007, is
  transferred to Subchapter D, Chapter 1006, Transportation Code, as
  added by this Act, redesignated as Section 1006.154, Transportation
  Code, reenacted, and amended to read as follows:
         Sec. 1006.154 [8].  USE OF APPROPRIATED FUNDS. (a)   Money
  appropriated to the department for authority purposes shall be used
  by the authority to pay the department for administrative costs and
  to achieve the purposes of this chapter [article], including:
               (1)  [establishing and funding the motor vehicle
  registration program required by Section 9 of this article;
               [(2)]  providing financial support to law enforcement
  agencies for economic motor vehicle theft and fraud-related motor
  vehicle crime enforcement teams;
               (2) [(3)]  providing financial support to law
  enforcement agencies, local prosecutors, judicial agencies, and
  neighborhood, community, business, and nonprofit organizations for
  programs designed to reduce the incidence of economic motor vehicle
  theft and fraud-related motor vehicle crime;
               (3) [(4)]  conducting educational programs designed to
  inform motor vehicle owners of methods of preventing motor vehicle
  burglary or theft and fraud-related motor vehicle crime;
               (4) [(5)]  providing equipment, for experimental
  purposes, to assist motor vehicle owners in preventing motor
  vehicle burglary or theft; and
               (5) [(6)]  establishing a uniform program to prevent
  stolen motor vehicles from entering Mexico.
         (b)  In any fiscal year, the amount of the administrative
  expenses of the authority, including salaries, travel and marketing
  expenses, and other overhead expenses may not exceed eight percent
  of the total expenditures of the authority.
         (c)  The cost of personnel and services provided to the
  authority by the department and by the attorney general may be paid
  only from appropriations made for authority purposes.
  Appropriations made for authority purposes may not be used for any
  other purpose.
         SECTION 4.24.  Section 6(i), Article 4413(37), Revised
  Statutes, is transferred to Subchapter D, Chapter 1006,
  Transportation Code, as added by this Act, redesignated as Section
  1006.155, Transportation Code, and amended to read as follows:
         Sec. 1006.155.  ANNUAL FINANCIAL REPORT. [(i)]  The
  authority shall prepare annually a complete and detailed written
  report accounting for all funds received and disbursed by the
  authority during the preceding fiscal year. The annual report must
  meet the reporting requirements applicable to financial reporting
  provided by [in] the General Appropriations Act.
         SECTION 4.25.  Section 981.073(b), Insurance Code, is
  amended to read as follows:
         (b)  A domestic surplus lines insurer is not subject to:
               (1)  Section 38.003;
               (2)  Chapter 462;
               (3)  Chapter 463;
               (4)  Chapter 501;
               (5)  Section 981.051;
               (6)  Section 981.101(b);
               (7)  Chapter 2007;
               (8)  Chapter 2301;
               (9)  Chapter 2251; and
               (10)  Chapter 1006, Transportation Code [Article
  4413(37), Revised Statutes].
         SECTION 4.26.  Section 201.805(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall annually publish in appropriate
  media and on the department's Internet website in a format that
  allows the information to be read into a commercially available
  electronic database a statistical comparison of department
  districts and the following information, calculated on a per capita
  basis considering the most recent census data and listed for each
  county and for the state for each fiscal year:
               (1)  the number of square miles;
               (2)  the number of vehicles registered;
               (3)  the population;
               (4)  daily vehicle miles;
               (5)  the number of centerline miles and lane miles;
               (6)  construction, maintenance, and contracted routine
  and preventive maintenance expenditures;
               (7)  combined construction, maintenance, and
  contracted routine and preventive maintenance expenditures;
               (8)  the number of district and division office
  construction and maintenance employees;
               (9)  information regarding grant programs, including:
                     (A)  Motor Vehicle Crime [Automobile Theft]
  Prevention Authority grants;
                     (B)  Routine Airport Maintenance Program grants;
                     (C)  Public Transportation Grant Program grants;
                     (D)  Medical Transportation Program grants; and
                     (E)  aviation grants or aviation capital
  improvement grants;
               (10)  approved State Infrastructure Bank loans;
               (11)  Texas Traffic Safety Program grants and
  expenditures;
               (12)  the dollar amount of any pass-through toll
  agreements;
               (13)  the percentage of highway construction projects
  completed on time;
               (14)  the percentage of highway construction projects
  that cost:
                     (A)  more than the contract amount; and
                     (B)  less than the contract amount; and
               (15)  a description of real property acquired by the
  department through the exercise of eminent domain, including the
  acreage of the property and the location of the property.
         SECTION 4.27.  Section 1001.151(c), Transportation Code, is
  amended to read as follows:
         (c)  Money appropriated to the department for Motor Vehicle
  Crime [Automobile Burglary and Theft] Prevention Authority
  purposes and other revenue collected or received by the Motor
  Vehicle Crime [Automobile Burglary and Theft] Prevention Authority
  may not be deposited into the fund.
         SECTION 4.28.  The following provisions are repealed:
               (1)  Sections 9 and 11, Article 4413(37), Revised
  Statutes;
               (2)  the headings to Sections 3, 5, and 6, Article
  4413(37), Revised Statutes; and
               (3)  the heading to Article 4413(37), Revised Statutes.
         SECTION 4.29.  (a)  Except as provided by Subsection (b) of
  this section, Section 1006.057, Transportation Code, as
  transferred, redesignated, and amended by this Act, applies to a
  person who is appointed before, on, or after the effective date of
  this Act to the Automobile Burglary and Theft Prevention Authority
  or Motor Vehicle Crime Prevention Authority, as applicable.
         (b)  A member of the Motor Vehicle Crime Prevention Authority
  who, before the effective date of this Act, completed the training
  program required by Sections 5(c), (d), and (e), Article 4413(37),
  Revised Statutes, as that law existed before the effective date of
  this Act, is required to complete additional training only on
  subjects added by this Act to the training program as required by
  Section 1006.057, Transportation Code, as transferred,
  redesignated, and amended by this Act. A member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the authority held on or after December
  1, 2019, until the member completes the additional training.
         SECTION 4.30.  (a)  On the effective date of this Act:
               (1)  the name of the Automobile Burglary and Theft
  Prevention Authority is changed to the Motor Vehicle Crime
  Prevention Authority, and all powers, duties, rights, and
  obligations of the Automobile Burglary and Theft Prevention
  Authority are the powers, duties, rights, and obligations of the
  Motor Vehicle Crime Prevention Authority;
               (2)  a member of the Automobile Burglary and Theft
  Prevention Authority is a member of the Motor Vehicle Crime
  Prevention Authority; and
               (3)  any appropriation for the Automobile Burglary and
  Theft Prevention Authority is an appropriation for the Motor
  Vehicle Crime Prevention Authority.
         (b)  On and after the effective date of this Act, a reference
  in law to the Automobile Burglary and Theft Prevention Authority is
  a reference to the Motor Vehicle Crime Prevention Authority.
         (c)  The Motor Vehicle Crime Prevention Authority is the
  authority formerly known as the Automobile Burglary and Theft
  Prevention Authority in all respects.  All personnel, equipment,
  data, documents, facilities, contracts, items, other property,
  rules, decisions, and proceedings of or involving the Automobile
  Burglary and Theft Prevention Authority are unaffected by the
  change in the name of the authority.
  ARTICLE 5.  STUDY ON IMPOSING FEES ON ALTERNATIVELY FUELED VEHICLES
         SECTION 5.01.  DEFINITIONS. In this article:
               (1)  "Alternatively fueled vehicle" has the meaning
  assigned by Section 502.004, Transportation Code.
               (2)  "Conventional vehicle" means a vehicle, as defined
  by Section 502.001, Transportation Code, that is exclusively
  powered by gasoline or diesel fuel.
               (3)  "Motor fuel taxes" means the motor fuel taxes
  imposed under Chapter 162, Tax Code.
               (4)  "Vehicle miles traveled" means the number of miles
  traveled by a vehicle.
         SECTION 5.02.  STUDY AND REPORT.  (a)  Using existing funds,
  the Texas Department of Motor Vehicles and the Texas Department of
  Transportation shall jointly contract with a third-party
  contractor to conduct a study and create a report on the feasibility
  and advisability of a program to establish a fee for alternatively
  fueled vehicles similar to the motor fuel taxes imposed on
  conventional vehicles.
         (b)  The study must:
               (1)  review other state or federal laws regarding fees
  and taxes for alternatively fueled vehicles and whether those laws
  reduced tax revenue generated from motor fuels, including:
                     (A)  whether other states measure the vehicle
  miles traveled of alternatively fueled vehicles to calculate any
  fees or taxes; and
                     (B)  the methods used to calculate the vehicle
  miles traveled under Paragraph (A);
               (2)  calculate the revenue generated from motor fuel
  taxes for each mile traveled by a vehicle in this state;
               (3)  calculate the total amount of vehicle fees and
  taxes that drivers of alternatively fueled vehicles pay compared
  with the total amount of vehicle fees and taxes drivers of
  conventional vehicles pay, and calculate the net revenue generated
  by each;
               (4)  determine whether a correlation exists between the
  market penetration of alternatively fueled vehicles and the
  decrease in revenue from motor fuel taxes;
               (5)  compile and analyze all available sources of data
  related to the vehicle miles traveled for alternatively fueled
  vehicles in this state;
               (6)  determine whether the Department of Public Safety
  of the State of Texas should collect information on the vehicle
  miles traveled for an alternatively fueled vehicle during the
  vehicle's annual inspection under Chapter 548, Transportation
  Code;
               (7)  determine a method, in measuring vehicle miles
  traveled, to distinguish between different types of alternatively
  fueled vehicles, including hybrid vehicles, as defined by Section
  382.003, Health and Safety Code, and conventional vehicles at
  annual inspections under Chapter 548, Transportation Code;
               (8)  determine the feasibility of implementing a
  program that imposes a fee based on vehicle miles traveled by
  alternatively fueled vehicles to be deposited to the state highway
  fund, including:
                     (A)  the cost of implementing the program to
  drivers of alternatively fueled vehicles and to the state;
                     (B)  whether the vehicle miles traveled measured
  by the program should include miles traveled outside this state;
                     (C)  whether vehicle weight should be a factor in
  calculating the fee;
                     (D)  the appropriate state agency to administer
  the program; and
                     (E)  the appropriate methods of and schedule for
  payment for the fee imposed under the program; and
               (9)  calculate the feasibility and determine the
  consequences of abolishing motor fuel taxes and replacing those
  taxes with a fee based on vehicle miles traveled for all vehicles,
  including:
                     (A)  calculating the total amount in fees the
  average driver would be required to pay to ensure that the state
  does not lose the revenue it derives from motor fuel taxes; and
                     (B)  comparing any potential negative effects
  from imposing a fee based on vehicle miles traveled for all vehicles
  and any current negative effects from imposing motor fuel taxes.
         (c)  Not later than December 1, 2020, the Texas Department of
  Motor Vehicles and the Texas Department of Transportation shall
  jointly submit to the governor, lieutenant governor, speaker of the
  house of representatives, and members of the legislature the report
  created under Subsection (a) of this section that includes a
  summary of the results of the study conducted under that subsection
  and any legislative recommendations based on the study.
         SECTION 5.03.  EXPIRATION DATE.  This article expires
  September 1, 2021.
  ARTICLE 6. EFFECTIVE DATE
         SECTION 6.01.  This Act takes effect September 1, 2019.