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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Texas Department of Motor |
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Vehicles; authorizing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 306.001(9), Finance Code, is amended to |
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read as follows: |
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(9) "Qualified commercial loan": |
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(A) means: |
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(i) a commercial loan in which one or more |
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persons as part of the same transaction lends, advances, borrows, |
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or receives, or is obligated to lend or advance or entitled to |
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borrow or receive, money or credit with an aggregate value of: |
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(a) $3 million or more if the |
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commercial loan is secured by real property; or |
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(b) $250,000 or more if the commercial |
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loan is not secured by real property and, if the aggregate value of |
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the commercial loan is less than $500,000, the loan documents |
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contain a written certification from the borrower that: |
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(1) the borrower has been |
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advised by the lender to seek the advice of an attorney and an |
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accountant in connection with the commercial loan; and |
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(2) the borrower has had the |
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opportunity to seek the advice of an attorney and accountant of the |
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borrower's choice in connection with the commercial loan; and |
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(ii) a renewal or extension of a commercial |
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loan described by Subparagraph (i) [Paragraph (A)], regardless of |
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the principal amount of the loan at the time of the renewal or |
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extension; and |
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(B) does not include a commercial loan made for |
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the purpose of financing a business licensed by the [Motor Vehicle |
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Board of the] Texas Department of Motor Vehicles under Section |
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2301.251(a), Occupations Code. |
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SECTION 2. Section 572.003(c), Government Code, is amended |
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to read as follows: |
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(c) The term means a member of: |
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(1) the Public Utility Commission of Texas; |
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(2) the Texas Commission on Environmental Quality; |
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(3) the Texas Alcoholic Beverage Commission; |
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(4) the Finance Commission of Texas; |
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(5) the Texas Facilities Commission; |
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(6) the Texas Board of Criminal Justice; |
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(7) the board of trustees of the Employees Retirement |
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System of Texas; |
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(8) the Texas Transportation Commission; |
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(9) the Texas Department of Insurance; |
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(10) the Parks and Wildlife Commission; |
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(11) the Public Safety Commission; |
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(12) the Texas Ethics Commission; |
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(13) the State Securities Board; |
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(14) the Texas Water Development Board; |
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(15) the governing board of a public senior college or |
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university as defined by Section 61.003, Education Code, or of The |
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University of Texas Southwestern Medical Center, The University of |
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Texas Medical Branch at Galveston, The University of Texas Health |
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Science Center at Houston, The University of Texas Health Science |
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Center at San Antonio, The University of Texas M. D. Anderson Cancer |
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Center, The University of Texas Health Science Center at Tyler, |
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University of North Texas Health Science Center at Fort Worth, |
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Texas Tech University Health Sciences Center, Texas State Technical |
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College--Harlingen, Texas State Technical College--Marshall, Texas |
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State Technical College--Sweetwater, or Texas State Technical |
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College--Waco; |
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(16) the Texas Higher Education Coordinating Board; |
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(17) the Texas Workforce Commission; |
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(18) the board of trustees of the Teacher Retirement |
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System of Texas; |
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(19) the Credit Union Commission; |
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(20) the School Land Board; |
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(21) the board of the Texas Department of Housing and |
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Community Affairs; |
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(22) the Texas Racing Commission; |
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(23) the State Board of Dental Examiners; |
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(24) the Texas Medical Board; |
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(25) the Board of Pardons and Paroles; |
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(26) the Texas State Board of Pharmacy; |
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(27) the Department of Information Resources |
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governing board; |
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(28) the board of the Texas Department of Motor |
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Vehicles [Motor Vehicle Board]; |
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(29) the Texas Real Estate Commission; |
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(30) the board of directors of the State Bar of Texas; |
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(31) the Bond Review Board; |
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(32) the Health and Human Services Commission; |
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(33) the Texas Funeral Service Commission; |
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(34) the board of directors of a river authority |
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created under the Texas Constitution or a statute of this state; |
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(35) the Texas Lottery Commission; or |
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(36) the Cancer Prevention and Research Institute of |
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Texas. |
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SECTION 3. Section 2301.453(c), Occupations Code, is |
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amended to read as follows: |
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(c) Except as provided by Subsection (d), the manufacturer, |
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distributor, or representative must provide written notice by |
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registered or certified mail to the dealer and the board stating the |
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specific grounds for the termination or discontinuance. The notice |
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must: |
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(1) be received not later than the 60th day before the |
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effective date of the termination or discontinuance; and |
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(2) contain on its first page a conspicuous statement |
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that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST |
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WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] IN |
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AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE |
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PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE |
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TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS |
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ACTION." |
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SECTION 4. Section 2301.454(b), Occupations Code, is |
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amended to read as follows: |
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(b) The notice required by Subsection (a)(1) must: |
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(1) be given not later than the 60th day before the |
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date of the modification or replacement; and |
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(2) contain on its first page a conspicuous statement |
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that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST |
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WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] IN |
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AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE |
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PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE |
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TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS |
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ACTION." |
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SECTION 5. Subchapter M, Chapter 2301, Occupations Code, is |
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amended by adding Section 2301.612 to read as follows: |
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Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed |
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with the department under this subchapter is not a public record and |
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is not subject to disclosure under Chapter 552, Government Code, |
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until the complaint is resolved by a final order of the department. |
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SECTION 6. Section 2301.711, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as |
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otherwise provided by this chapter, the [The] board or a [other] |
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person delegated final order authority under Section 2301.154 shall |
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issue final orders for the implementation and enforcement of this |
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chapter and Chapter 503, Transportation Code. |
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(b) An order or decision under this chapter must: |
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(1) include a separate finding of fact with respect to |
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each specific issue required by law to be considered in reaching a |
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decision; |
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(2) set forth additional findings of fact and |
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conclusions of law on which the order or decision is based; |
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(3) give the reasons for the particular actions taken; |
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and |
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(4) be signed by the presiding officer or assistant |
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presiding officer for the board, a [or other] person delegated |
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final order authority under Section 2301.154, or a hearings |
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examiner in a contested case hearing under Section 2301.204 or |
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Subchapter M. |
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SECTION 7. Section 2301.712(b), Occupations Code, is |
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amended to read as follows: |
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(b) If a person who brings a complaint under Subchapter M |
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prevails in the case, the [board or a person delegated power from |
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the board under Section 2301.154 shall order the] nonprevailing |
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party in the case shall [to] reimburse the amount of the filing fee |
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for the case. |
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SECTION 8. Section 2301.713(c), Occupations Code, is |
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amended to read as follows: |
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(c) A motion for rehearing in a contested case under Section |
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2301.204 or Subchapter M must be filed with [and decided by] the |
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chief hearings examiner. The chief hearings examiner may designate |
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a person to decide the motion. |
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SECTION 9. Section 23.121, Tax Code, is amended by amending |
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Subsection (h) and adding Subsection (h-1) to read as follows: |
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(h) If a dealer fails to file a declaration as required by |
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this section, [or if, on the declaration required by this section, a |
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dealer reports the sale of fewer than five motor vehicles in the |
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prior year,] the chief appraiser may [shall] report the dealer |
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[that fact] to the Texas Department of Motor Vehicles to [and the |
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department shall] initiate cancellation of the dealer's general |
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distinguishing number [termination proceedings]. The chief |
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appraiser shall include with the report written verification that |
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the chief appraiser informed the dealer of the requirement to file a |
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declaration under this section [a copy of a declaration, if any, |
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indicating the sale by a dealer of fewer than five motor vehicles in |
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the prior year. A report by a chief appraiser to the Texas |
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Department of Motor Vehicles as provided by this subsection is |
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prima facie grounds for the cancellation of the dealer's general |
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distinguishing number under Section 503.038(a)(9), Transportation |
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Code, or for refusal by the Texas Department of Motor Vehicles to |
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renew the dealer's general distinguishing number]. |
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(h-1) If, on the declaration required by this section, a |
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dealer reports the sale of fewer than five motor vehicles in the |
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prior year, the chief appraiser shall report the dealer to the Texas |
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Department of Motor Vehicles to initiate cancellation of the |
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dealer's general distinguishing number. The chief appraiser shall |
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include with the report a copy of a declaration indicating the sale |
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by a dealer of fewer than five motor vehicles in the prior year. A |
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report by a chief appraiser to the Texas Department of Motor |
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Vehicles as provided by this subsection is prima facie grounds for |
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the cancellation of the dealer's general distinguishing number |
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under Section 503.038(a)(9), Transportation Code, or for refusal by |
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the Texas Department of Motor Vehicles to renew the dealer's |
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general distinguishing number. |
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SECTION 10. Section 201.805(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall annually publish in appropriate |
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media and on the department's Internet website in a format that |
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allows the information to be read into a commercially available |
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electronic database a statistical comparison of department |
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districts and the following information, calculated on a per capita |
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basis considering the most recent census data and listed for each |
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county and for the state for each fiscal year: |
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(1) the number of square miles; |
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(2) the number of vehicles registered; |
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(3) the population; |
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(4) daily vehicle miles; |
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(5) the number of centerline miles and lane miles; |
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(6) construction, maintenance, and contracted routine |
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and preventive maintenance expenditures; |
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(7) combined construction, maintenance, and |
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contracted routine and preventive maintenance expenditures; |
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(8) the number of district and division office |
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construction and maintenance employees; |
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(9) information regarding grant programs, including: |
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(A) [Motor Vehicle Crime Prevention Authority |
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grants; |
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[(B)] Routine Airport Maintenance Program |
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grants; |
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(B) [(C)] Public Transportation Grant Program |
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grants; |
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(C) [(D)] Medical Transportation Program grants; |
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and |
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(D) [(E)] aviation grants or aviation capital |
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improvement grants; |
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(10) approved State Infrastructure Bank loans; |
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(11) Texas Traffic Safety Program grants and |
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expenditures; |
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(12) the dollar amount of any pass-through toll |
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agreements; |
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(13) the percentage of highway construction projects |
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completed on time; |
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(14) the percentage of highway construction projects |
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that cost: |
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(A) more than the contract amount; and |
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(B) less than the contract amount; and |
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(15) a description of real property acquired by the |
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department through the exercise of eminent domain, including the |
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acreage of the property and the location of the property. |
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SECTION 11. Section 503.009(b), Transportation Code, as |
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repealed by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, |
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Regular Session, 2013, and amended by Chapter 1379 (H.B. 1692), |
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Acts of the 83rd Legislature, Regular Session, 2013, is reenacted |
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and amended to read as follows: |
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(b) The procedures applicable to a hearing conducted under |
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this section are those applicable to a hearing conducted under |
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Chapter 2301 [as provided by Section 2301.606], Occupations Code, |
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or Chapter 2001, Government Code. |
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SECTION 12. Section 520.063, Transportation Code, is |
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amended to read as follows: |
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Sec. 520.063. EXEMPTIONS. The following persons and their |
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agents are exempt from the licensing and other requirements |
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established by this subchapter: |
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(1) a franchised motor vehicle dealer or independent |
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motor vehicle dealer who holds a general distinguishing number |
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issued by the department under Chapter 503; |
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(2) a vehicle lessor holding a license issued by the |
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department [Motor Vehicle Board] under Chapter 2301, Occupations |
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Code, or a trust or other entity that is specifically not required |
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to obtain a lessor license under Section 2301.254(a) of that code; |
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and |
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(3) a vehicle lease facilitator holding a license |
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issued by the department [Motor Vehicle Board] under Chapter 2301, |
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Occupations Code. |
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SECTION 13. Section 1006.152, Transportation Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) The authority may recover from an insurer requesting a |
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refund under this section any costs associated with a denied or |
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improperly requested refund. |
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SECTION 14. Section 1006.153, Transportation Code, is |
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amended by adding Subsections (b-1), (b-2), and (b-3) and amending |
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Subsection (e) to read as follows: |
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(b-1) A penalty shall be imposed on an insurer for the |
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delinquent payment of the fee required by this section or the |
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delinquent filing of any report of the fee required by rule. The |
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penalty shall be assessed in the manner prescribed for the |
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assessment of a penalty for a delinquent tax payment or filing of a |
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report under Section 111.061(a), Tax Code. Interest accrues in the |
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manner described by Section 111.060, Tax Code, on any fee paid after |
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the due date in Subsection (b). |
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(b-2) The authority may audit or contract for the audit of |
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fees paid by an insurer under this section. |
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(b-3) A determination under this section shall be made in |
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accordance with procedures the authority adopts by rule. An insurer |
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assessed a penalty or interest under Subsection (b-1) may appeal |
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the assessment to the authority. The authority shall make the final |
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decision on the appeal by a simple majority vote. The appeal of an |
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assessment of a penalty or interest is not a contested case under |
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Chapter 2001, Government Code. |
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(e) Out of each fee collected under Subsection (b) or an |
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amount collected under Subsection (b-1): |
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(1) 20 percent shall be appropriated to the authority |
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for the purposes of this chapter; |
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(2) 20 percent shall be deposited to the credit of the |
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general revenue fund, to be used only for criminal justice |
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purposes; and |
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(3) 60 percent shall be deposited to the credit of the |
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designated trauma facility and emergency medical services account |
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under Section 780.003, Health and Safety Code, to be used only for |
|
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the criminal justice purpose of funding designated trauma |
|
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facilities, county and regional emergency medical services, and |
|
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trauma care systems that provide trauma care and emergency medical |
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services to victims of accidents resulting from traffic offenses. |
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SECTION 15. Section 1006.154, Transportation Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) For purposes of Subsection (b), administrative expenses |
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do not include administrative expenses related to the collection of |
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a fee under Section 1006.153, including salaries. |
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SECTION 16. (a) Section 1006.153(b-1), Transportation |
|
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Code, as added by this Act, applies only to a fee due on or after the |
|
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effective date of this Act. A fee due before the effective date of |
|
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this Act is governed by the law in effect on the date the fee was |
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due, and the former law is continued in effect for that purpose. |
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(b) Section 503.009(b), Transportation Code, as reenacted |
|
|
and amended by this Act, applies only to a hearing under Chapter |
|
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503, Transportation Code, that is commenced on or after the |
|
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effective date of this Act. A hearing commenced before the |
|
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effective date of this Act is governed by the law in effect |
|
|
immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2021. |