81(R) HB 3097 - Enrolled version

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�	H.B.�No.�3097

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�	AN ACT
�	relating to the creation, organization, governance, duties, and
�	functions of the Texas Department of Motor Vehicles, including the
�	transfer of certain duties to the Texas Department of Motor
�	Vehicles and the Texas Department of Licensing and Regulation, and
�	to the regulation of certain franchised motor vehicle dealers;
�	providing a penalty.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
�	��SECTION�1.01.��Title 7, Transportation Code, is amended by
�	adding Subtitle M to read as follows:
�	SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
�	CHAPTER 1001. �ORGANIZATION OF DEPARTMENT
�	SUBCHAPTER A. �GENERAL PROVISIONS
�	��Sec.�1001.001.��DEFINITIONS. In this subtitle:
�	��(1)��"Board" means the board of the department.
�	��(2)��"Department" means the Texas Department of Motor
�	Vehicles.
�	��Sec.�1001.002.��CREATION OF DEPARTMENT; DUTIES. (a)��The
�	department is created as an agency of this state.
�	��(b)��In addition to the other duties required of the Texas
�	Department of Motor Vehicles, the department shall administer and
�	enforce:
�	��(1)��Subtitle A;
�	��(2)��Chapters 642, 643, 645, 646, and 648; and
�	��(3)��Chapters 2301 and 2302, Occupations Code.
�	��Sec.�1001.003.��COMPOSITION OF DEPARTMENT. The department
�	is composed of an executive director appointed by the board and
�	other employees required to efficiently implement:
�	��(1)��this subtitle;
�	��(2)��other applicable vehicle laws of this state; and
�	��(3)��other laws that grant jurisdiction to or are
�	applicable to the department.
�	��Sec.�1001.004.��DIVISIONS. �The board shall organize the
�	department into divisions to accomplish the department's functions
�	and the duties assigned to it, including divisions for:
�	��(1)��administration;
�	��(2)��motor carriers;
�	��(3)��motor vehicle board; and
�	��(4)��vehicle titles and registration.
�	��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, 2015.
�	��Sec.�1001.006.��DEFENSE BY ATTORNEY GENERAL. The attorney
�	general shall defend an action brought against the board or the
�	department or an action brought against an employee of the
�	department as a result of the employee's official act or omission,
�	regardless of whether at the time of the institution of the action
�	that person has terminated service with the department.
�	[Sections 1001.007-1001.020 reserved for expansion]
�	SUBCHAPTER B. �BOARD OF DEPARTMENT OF MOTOR VEHICLES
�	��Sec.�1001.021.��BOARD. �(a)��The board consists of nine
�	members appointed by the governor with the advice and consent of the
�	senate.
�	��(b)��Three members must be persons who hold a dealer's
�	license issued under Chapter 2301, Occupations Code, of whom two
�	must be franchised dealers of different classes and one must be an
�	independent dealer; one member must be a representative of a
�	manufacturer or distributor that holds a license issued under
�	Chapter 2301, Occupations Code; one member must be a tax
�	assessor-collector; one member must be a representative of a law
�	enforcement agency of a county or municipality; and one member must
�	be a representative of the motor carrier industry. �The remaining
�	members must be public members.
�	��(c)��Except as necessary to comply with Subsection (b), a
�	person is not eligible for appointment as a member of the board if
�	the person or the person's spouse:
�	��(1)��is employed by or participates in the management
�	of a business entity or other organization that is regulated by or
�	receives funds from the department;
�	��(2)��directly or indirectly owns or controls more than
�	10 percent interest in a business entity or other organization that
�	is regulated by or receives funds from the department;
�	��(3)��uses or receives a substantial amount of tangible
�	goods, services, or funds from the department, other than
�	compensation or reimbursement authorized by law for board
�	membership, attendance, or expenses; or
�	��(4)��is registered, certified, or licensed by the
�	department.
�	��(d)��A person 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 the operation
�	of the department may not serve as a member of the board.
�	��(e)��Appointments to the board shall be made without regard
�	to race, color, disability, sex, religion, age, or national origin
�	of the appointees and shall reflect the diversity of the population
�	of the state as a whole.
�	��Sec.�1001.022.��TERMS. �Members of the board serve staggered
�	six-year terms, with the terms of either one or two members expiring
�	February 1 of each odd-numbered year.
�	��Sec.�1001.023.��CHAIR AND VICE CHAIR; DUTIES. (a)��The
�	governor shall appoint one of the board's members chair of the
�	board. The board shall elect one of its members vice chair of the
�	board. A chair or vice chair serves at the pleasure of the board.
�	��(b)��The chair shall:
�	��(1)��preside over board meetings, make rulings on
�	motions and points of order, and determine the order of business;
�	��(2)��represent the department in dealing with the
�	governor;
�	��(3)��report to the governor on the state of affairs of
�	the department at least quarterly;
�	��(4)��report to the board the governor's suggestions for
�	department operations;
�	��(5)��report to the governor on efforts, including
�	legislative requirements, to maximize the efficiency of department
�	operations through the use of private enterprise;
�	��(6)��periodically review the department's
�	organizational structure and submit recommendations for structural
�	changes to the governor, the board, and the Legislative Budget
�	Board;
�	��(7)��designate one or more employees of the department
�	as a civil rights division of the department and receive regular
�	reports from the division on the department's efforts to comply
�	with civil rights legislation and administrative rules;
�	��(8)��create subcommittees, appoint board members to
�	subcommittees, and receive the reports of subcommittees to the
�	board as a whole;
�	��(9)��appoint a member of the board to act in the chair's
�	absence; and
�	��(10)��serve as the departmental liaison with the
�	governor and the Office of State-Federal Relations to maximize
�	federal funding for transportation.
�	��Sec.�1001.024.��BOARD MEETINGS. �The board shall hold
�	regular meetings at least quarterly and special meetings at the
�	call of the chair. �Board members shall attend the meetings of the
�	board. �The chair shall oversee the preparation of an agenda for
�	each meeting and ensure that a copy is provided to each board member
�	at least seven days before the meeting.
�	��Sec.�1001.025.��RECOMMENDATIONS TO LEGISLATURE. �(a)��The
�	board shall consider ways in which the department's operations may
�	be improved and may periodically report to the legislature
�	concerning potential statutory changes that would improve the
�	operation of the department.
�	��(b)��On behalf of the board, the chair shall report to the
�	governor, the lieutenant governor, the speaker of the house of
�	representatives, and the presiding officers of relevant
�	legislative committees on legislative recommendations adopted by
�	the board and relating to the operation of the department.
�	��Sec.�1001.026.��COMPENSATION. �A member of the board is
�	entitled to compensation as provided by the General Appropriations
�	Act. �If compensation for board members is not provided by that Act,
�	each member is entitled to reimbursement for actual and necessary
�	expenses incurred in performing functions as a member of the board.
�	��Sec.�1001.027.��GROUNDS FOR REMOVAL. �(a)��It is a ground for
�	removal from the board if a board member:
�	��(1)��does not have at the time of appointment or
�	maintain during service on the board the qualifications required by
�	Section 1001.021;
�	��(2)��violates a prohibition provided by Section
�	1001.021;
�	��(3)��cannot discharge the member's duties for a
�	substantial part of the term for which the member is appointed
�	because of illness or disability; or
�	��(4)��is absent from more than half of the regularly
�	scheduled board meetings that the board member is eligible to
�	attend during a calendar year, unless the absence is excused by
�	majority vote of the board.
�	��(b)��The validity of an action of the board is not affected by
�	the fact that it is taken when a ground for removal of a board member
�	exists.
�	��(c)��If the executive director of the department knows that a
�	potential ground for removal exists, the director shall notify the
�	chair of the board of the ground, and the chair shall notify the
�	governor and the attorney general that a potential ground for
�	removal exists. �If the potential ground for removal relates to the
�	chair, the director shall notify another board member, who shall
�	notify the governor and the attorney general that a potential
�	ground for removal exists.
�	��Sec.�1001.028.��CONFLICT OF INTEREST. (a)��A member of the
�	board shall disclose in writing to the executive director if the
�	member has an interest in a matter before the board or has a
�	substantial financial interest in an entity that has a direct
�	interest in the matter.
�	��(b)��The member shall recuse himself or herself from the
�	board's deliberations and actions on the matter in Subsection (a)
�	and may not participate in the board's decision on the matter.
�	��(c)��A person has a substantial financial interest in an
�	entity if the person:
�	��(1)��is an employee, member, director, or officer of
�	the entity; or
�	��(2)��owns or controls, directly or indirectly, more
�	than a five percent interest in the entity.
�	��Sec.�1001.029.��INFORMATION ON QUALIFICATIONS AND CONDUCT. �
�	The department shall provide to the members of the board, as often
�	as necessary, information concerning the members' qualifications
�	for office and their responsibilities under applicable laws
�	relating to standards of conduct for state officers.
�	��Sec.�1001.030.��TRAINING ON DEPARTMENT AND CERTAIN LAWS
�	RELATING TO DEPARTMENT. �(a)��To be eligible to take office as a
�	member of the board, a person appointed to the board must complete
�	at least one course of a training program that complies with this
�	section.
�	��(b)��The training program must provide information to the
�	person regarding:
�	��(1)��this subchapter;
�	��(2)��the programs operated by the department;
�	��(3)��the role and functions of the department;
�	��(4)��the 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;
�	��(7)��the requirements of the:
�	��(A)��open meetings law, Chapter 551, Government
�	Code;
�	��(B)��open records law, Chapter 552, Government
�	Code; and
�	��(C)��administrative procedure law, Chapter 2001,
�	Government Code;
�	��(8)��the requirements of the conflict of interest laws
�	and other laws relating to public officials; and
�	��(9)��any applicable ethics policies adopted by the
�	board or the Texas Ethics Commission.
�	��(c)��A person appointed to the board is entitled to
�	reimbursement for travel expenses incurred in attending the
�	training program, as provided by the General Appropriations Act and
�	as if the person were a member of the board.
�	��Sec.�1001.031.��ADVISORY COMMITTEES. (a) �The board shall
�	establish separate advisory committees for the motor carrier, motor
�	vehicles, and vehicle titles and registration divisions to make
�	recommendations to the board or the executive director on the
�	operation of the applicable division. A committee has the
�	purposes, powers, and duties, including the manner of reporting its
�	work, prescribed by the board. A committee and each committee
�	member serves at the will of the board.
�	��(b)��The board shall appoint persons to each advisory
�	committee who:
�	��(1)��are selected from a list provided by the executive
�	director; and
�	��(2)��have knowledge about and interests in, and
�	represent a broad range of viewpoints about, the work of the
�	committee or applicable division.
�	��(c)��The advisory committee for the motor vehicles division
�	must include a member to represent motor vehicle manufacturers and
�	a member to represent the recreational vehicle industry.
�	��(d)��The advisory committee for the motor carrier division
�	must include a member to represent the motor transportation
�	industry.
�	��(e)��A member of an advisory committee may not be compensated
�	by the board or the department for committee service.
�	[Sections 1001.032-1001.040 reserved for expansion]
�	SUBCHAPTER C. �PERSONNEL
�	��Sec.�1001.041.��DEPARTMENT PERSONNEL. (a)��Subject to the
�	General Appropriations Act or other law, the executive director
�	shall appoint deputies, assistants, and other personnel 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.
�	��(b)��A person appointed under this section must have the
�	professional and administrative experience necessary to qualify
�	the person for the position to which the person is appointed.
�	��Sec.�1001.042.��DIVISION OF RESPONSIBILITIES. The board
�	shall develop and implement policies that clearly define the
�	respective responsibilities of the director and the staff of the
�	department.
�	��Sec.�1001.043.��EQUAL EMPLOYMENT OPPORTUNITY POLICY;
�	REPORT. (a)��The executive director or the director's designee
�	shall prepare and maintain a written policy statement to ensure
�	implementation of a program of equal employment opportunity under
�	which all personnel transactions are made without regard to race,
�	color, disability, sex, religion, age, or national origin. The
�	policy statement must include:
�	��(1)��personnel policies, including policies relating
�	to recruitment, evaluation, selection, appointment, training, and
�	promotion of personnel that are in compliance with Chapter 21,
�	Labor Code;
�	��(2)��a comprehensive analysis of the department
�	workforce that meets federal and state guidelines;
�	��(3)��procedures by which a determination can be made of
�	significant underuse in the department workforce of all persons for
�	whom federal or state guidelines encourage a more equitable
�	balance; and
�	��(4)��reasonable methods to appropriately address those
�	areas of significant underuse.
�	��(b)��A policy statement prepared under this section must:
�	��(1)��cover an annual period;
�	��(2)��be updated annually;
�	��(3)��be reviewed by the civil rights division of the
�	Texas Workforce Commission for compliance with Subsection (a); and
�	��(4)��be filed with the governor.
�	��(c)��The governor shall deliver a biennial report to the
�	legislature based on the information received under Subsection (b).
�	The report may be made separately or as a part of other biennial
�	reports made to the legislature.
�	��Sec.�1001.044.��QUALIFICATIONS AND STANDARDS OF CONDUCT.
�	The executive director shall provide to department employees, as
�	often as necessary, information regarding their:
�	��(1)��qualification for office or employment under this
�	subtitle; and
�	��(2)��responsibilities under applicable laws relating
�	to standards of conduct for state employees.
�	��Sec.�1001.045.��CAREER LADDER PROGRAM; PERFORMANCE
�	EVALUATIONS. (a)��The executive director or the director's
�	designee shall develop an intra-agency career ladder program. The
�	program must require intra-agency posting of all nonentry level
�	positions concurrently with any public posting.
�	��(b)��The executive director or the director's designee shall
�	develop a system of annual performance evaluations. All merit pay
�	for department employees must be based on the system established
�	under this subsection.
�	CHAPTER 1002. RULES
�	��Sec.�1002.001.��GENERAL RULEMAKING AUTHORITY. The board may
�	adopt any rules necessary and appropriate to implement the powers
�	and duties of the department under this code and other laws of this
�	state.
�	��Sec.�1002.002.��RULES RESTRICTING ADVERTISING OR
�	COMPETITIVE BIDDING. The board may not adopt rules restricting
�	advertising or competitive bidding by a person regulated by the
�	department except to prohibit false, misleading, or deceptive
�	practices by the person.
�	CHAPTER 1003. �DEPARTMENT PROCEDURES
�	��Sec.�1003.001.��APPLICABILITY OF CERTAIN LAWS. Except as
�	specifically provided by law, the department is subject to Chapters
�	2001 and 2002, Government Code.
�	��Sec.�1003.002.��SUMMARY PROCEDURES FOR ROUTINE MATTERS.
�	(a)��The board or the department by rule may:
�	��(1)��create a summary procedure for routine matters;
�	and
�	��(2)��designate department activities that otherwise
�	would be subject to Chapter 2001, Government Code, as routine
�	matters to be handled under the summary procedure.
�	��(b)��An activity may be designated as a routine matter only
�	if the activity is:
�	��(1)��voluminous;
�	��(2)��repetitive;
�	��(3)��believed to be noncontroversial; and
�	��(4)��of limited interest to anyone other than persons
�	immediately involved in or affected by the proposed department
�	action.
�	��(c)��The rules may establish procedures different from those
�	contained in Chapter 2001, Government Code. The procedures must
�	require, for each party directly involved, notice of a proposed
�	negative action not later than the fifth day before the date the
�	action is proposed to be taken.
�	��(d)��A rule adopted by the board under this section may
�	provide for the delegation of authority to take action on a routine
�	matter to a salaried employee of the department designated by the
�	board.
�	��Sec.�1003.003.��REVIEW OF ACTION ON ROUTINE MATTER. (a)��A
�	person directly or indirectly affected by an action of the board or
�	the department on a routine matter taken under the summary
�	procedure adopted under Section 1003.002 is entitled to a review of
�	the action under Chapter 2001, Government Code.
�	��(b)��The person must apply to the board not later than the
�	60th day after the date of the action to be entitled to the review.
�	��(c)��The timely filing of the application for review
�	immediately stays the action pending a hearing on the merits.
�	��(d)��The board may adopt rules relating to an application for
�	review under this section and consideration of the application.
�	��Sec.�1003.004.��INFORMAL DISPOSITION OF CERTAIN CONTESTED
�	CASES. The board or the department, as applicable, may, on written
�	agreement or stipulation of each party and any intervenor,
�	informally dispose of a contested case in accordance with Section
�	2001.056, Government Code, notwithstanding any provision of this
�	code or other law that requires a hearing before the board or the
�	department, as applicable.
�	CHAPTER 1004. �PUBLIC ACCESS
�	��Sec.�1004.001.��ACCESS TO PROGRAMS AND FACILITIES. (a)��The
�	department shall prepare and maintain a written plan that describes
�	how a person who does not speak English may be provided reasonable
�	access to the department's programs.
�	��(b)��The department shall comply with federal and state laws
�	for program and facility accessibility.
�	��Sec.�1004.002.��PUBLIC COMMENT. The board and the
�	department shall develop and implement policies that provide the
�	public with a reasonable opportunity to appear before the board or
�	the department and to speak on any issue under the jurisdiction of
�	the board or the department.
�	��Sec.�1004.003.��PUBLIC REPRESENTATION ON ADVISORY BODY.
�	(a)��At least one-half of the membership of each advisory body
�	appointed by the board, other than an advisory body whose
�	membership is determined by this code or by other law, must
�	represent the general public.
�	��(b)��A public representative may not be:
�	��(1)��an officer, director, or employee of a business
�	entity regulated by the department;
�	��(2)��a person required to register with the Texas
�	Ethics Commission under Chapter 305, Government Code; or
�	��(3)��a person related within the second degree by
�	affinity or consanguinity to a person described by Subdivision (1)
�	or (2).
�	CHAPTER 1005. �STANDARDS OF CONDUCT
�	��Sec.�1005.001.��APPLICATION OF LAW RELATING TO ETHICAL
�	CONDUCT. The board, the executive director, and each employee or
�	agent of the department is subject to the code of ethics and the
�	standard of conduct imposed by Chapter 572, Government Code, and
�	any other law regulating the ethical conduct of state officers and
�	employees.
�	ARTICLE 2. �TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
�	OF TRANSPORTATION
�	PART A. GENERAL PROVISIONS AND ADMINISTRATION
�	��SECTION�2A.01.��Subsection (a), Section 201.202,
�	Transportation Code, is amended to read as follows:
�	��(a)��The commission shall organize the department into
�	divisions to accomplish the department's functions and the duties
�	assigned to it, including divisions for:
�	��(1)��aviation;
�	��(2)��highways and roads; and
�	��(3)��public transportation[~~; and~~
�	��[~~(4)��motor vehicle titles and registration~~].
�	��SECTION�2A.02.��Subdivision (2), Section 201.931,
�	Transportation Code, is amended to read as follows:
�	��(2)��"License" includes:
�	��(A)��a permit issued by the department that
�	authorizes the operation of a vehicle and its load or a combination
�	of vehicles and load exceeding size or weight limitations; and
�	��(B)��[~~a motor carrier registration issued under~~
�	~~Chapter 643;~~
�	��[~~(C)~~ � � ~~a vehicle storage facility license issued~~
�	~~under Chapter 2303, Occupations Code;~~
�	��[~~(D)~~] a license or permit for outdoor advertising
�	issued under Chapter 391 or 394[;
�	��[~~(E)~~ � � ~~a salvage vehicle dealer or agent license~~
�	~~issued under Chapter 2302, Occupations Code;~~
�	��[~~(F)~~ � � ~~specially designated or specialized license~~
�	~~plates issued under Subchapters E and F, Chapter 502; and~~
�	��[~~(G)~~ � � ~~an apportioned registration issued~~
�	~~according to the International Registration Plan under Section~~
�	~~502.054~~].
�	��SECTION�2A.03.��Subsection (c), Section 201.202,
�	Transportation Code, is repealed.
�	PART B. STATE HIGHWAY TOLL PROJECTS
�	��SECTION�2B.01.��Subsections (b) and (h), Section 228.055,
�	Transportation Code, are amended to read as follows:
�	��(b)��The department may impose and collect the
�	administrative fee, so as to recover the cost of collecting the
�	unpaid toll, not to exceed $100. �The department shall send a
�	written notice of nonpayment to the registered owner of the vehicle
�	at that owner's address as shown in the vehicle registration
�	records of the Texas Department of Motor Vehicles [~~department~~] by
�	first class mail and may require payment not sooner than the 30th
�	day after the date the notice was mailed. �The registered owner
�	shall pay a separate toll and administrative fee for each event of
�	nonpayment under Section 228.054.
�	��(h)��In this section, "registered owner" means the owner of a
�	vehicle as shown on the vehicle registration records of the Texas
�	Department of Motor Vehicles [~~department~~] or the analogous
�	department or agency of another state or country.
�	��SECTION�2B.02.��Subsection (b), Section 228.056,
�	Transportation Code, is amended to read as follows:
�	��(b)��In the prosecution of an offense under Section
�	228.055(c), (d), or (e):
�	��(1)��it is presumed that the notice of nonpayment was
�	received on the fifth day after the date of mailing;
�	��(2)��a computer record of the Texas Department of Motor
�	Vehicles [~~department~~] of the registered owner of the vehicle is
�	prima facie evidence of its contents and that the defendant was the
�	registered owner of the vehicle when the underlying event of
�	nonpayment under Section 228.054 occurred; and
�	��(3)��a copy of the rental, lease, or other contract
�	document covering the vehicle on the date of the underlying event of
�	nonpayment under Section 228.054 is prima facie evidence of its
�	contents and that the defendant was the lessee of the vehicle when
�	the underlying event of nonpayment under Section 228.054 occurred.
�	PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
�	HIGHWAYS IN CERTAIN COUNTIES
�	��SECTION�2C.01.��Subsections (b), (e), and (h), Section
�	284.0701, Transportation Code, are amended to read as follows:
�	��(b)��The county may impose and collect the administrative
�	cost so as to recover the expense of collecting the unpaid toll, not
�	to exceed $100. �The county shall send a written notice of
�	nonpayment to the registered owner of the vehicle at that owner's
�	address as shown in the vehicle registration records of the Texas
�	Department of Motor Vehicles [~~department~~] by first-class mail not
�	later than the 30th day after the date of the alleged failure to pay
�	and may require payment not sooner than the 30th day after the date
�	the notice was mailed. The registered owner shall pay a separate
�	toll and administrative cost for each event of nonpayment under
�	Section 284.070.
�	��(e)��It is an exception to the application of Subsection (a)
�	or (c) if the registered owner of the vehicle transferred ownership
�	of the vehicle to another person before the event of nonpayment
�	under Section 284.070 occurred, submitted written notice of the
�	transfer to the Texas Department of Motor Vehicles [~~department~~] in
�	accordance with Section 520.023, and before the 30th day after the
�	date the notice of nonpayment is mailed, provides to the county the
�	name and address of the person to whom the vehicle was transferred.
�	If the former owner of the vehicle provides the required
�	information within the period prescribed, the county may send a
�	notice of nonpayment to the person to whom ownership of the vehicle
�	was transferred at the address provided by the former owner by
�	first-class mail before the 30th day after the date of receipt of
�	the required information from the former owner. The subsequent
�	owner of the vehicle for which the proper toll was not paid who is
�	mailed a written notice of nonpayment under this subsection and
�	fails to pay the proper toll and administrative cost within the time
�	specified by the notice of nonpayment commits an offense. The
�	subsequent owner shall pay a separate toll and administrative cost
�	for each event of nonpayment under Section 284.070. Each failure to
�	pay a toll or administrative cost under this subsection is a
�	separate offense.
�	��(h)��In this section, "registered owner" means the owner of a
�	vehicle as shown on the vehicle registration records of the Texas
�	Department of Motor Vehicles [~~department~~] or the analogous
�	department or agency of another state or country.
�	PART D. CERTIFICATE OF TITLE ACT
�	��SECTION�2D.01.��Subdivision (3), Section 501.002,
�	Transportation Code, is amended to read as follows:
�	��(3)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART E. REGISTRATION OF VEHICLES
�	��SECTION�2E.01.��Section 502.001, Transportation Code, is
�	amended by adding Subdivision (1-a) and amending Subdivision (3) to
�	read as follows:
�	��(1-a)��"Board" means the board of the Texas Department
�	of Motor Vehicles.
�	��(3)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�2E.02.��Section 502.051, Transportation Code, is
�	amended to read as follows:
�	��Sec.�502.051.��DEPOSIT OF REGISTRATION FEES IN STATE HIGHWAY
�	FUND.� Except as otherwise provided by this chapter, the board
�	[~~Texas Transportation Commission~~] and the department shall deposit
�	all money received from registration fees in the state treasury to
�	the credit of the state highway fund.
�	��SECTION�2E.03.��Section 502.052(a), Transportation Code, is
�	amended to read as follows:
�	��(a)��The department shall prepare the designs and
�	specifications of license plates and devices selected by the board
�	[~~Texas Transportation Commission~~] to be used as the registration
�	insignia.
�	��SECTION�2E.04.��Subsections (a) and (b), Section 502.053,
�	Transportation Code, are amended to read as follows:
�	��(a)��The department [~~Texas Department of Transportation~~]
�	shall reimburse the Texas Department of Criminal Justice for the
�	cost of manufacturing license plates or registration insignia as
�	the license plates or insignia and the invoice for the license
�	plates or insignia are delivered to the department [~~Texas~~
�	~~Department of Transportation~~].
�	��(b)��When manufacturing is started, the Texas Department of
�	Criminal Justice, the department [~~Texas Department of~~
�	~~Transportation~~], and the comptroller, after negotiation, shall set
�	the price to be paid for each license plate or insignia. �The price
�	must be determined from:
�	��(1)��the cost of metal, paint, and other materials
�	purchased;
�	��(2)��the inmate maintenance cost per day;
�	��(3)��overhead expenses;
�	��(4)��miscellaneous charges; and
�	��(5)��a previously approved amount of profit for the
�	work.
�	��SECTION�2E.05.��Section 502.1515, Transportation Code, is
�	amended to read as follows:
�	��Sec.�502.1515.��OUTSOURCING PRODUCTION OF RENEWAL NOTICES;
�	PAID ADVERTISING.� The board [~~commission~~] may authorize the
�	department to enter into a contract with a private vendor to produce
�	and distribute motor vehicle registration renewal notices. �The
�	contract may provide for the inclusion of paid advertising in the
�	registration renewal notice packet.
�	��SECTION�2E.06.��Section 502.352(c), Transportation Code, is
�	amended to read as follows:
�	��(c)��A person may obtain a permit under this section by:
�	��(1)��applying to the county assessor-collector, the
�	department, or the department's wire service agent, if the
�	department has a wire service agent;
�	��(2)��paying a fee of $25 for a 72-hour permit or $50 for
�	a 144-hour permit:
�	��(A)��in cash;
�	��(B)��by postal money order;
�	��(C)��by certified check;
�	��(D)��by wire transfer through the department's
�	wire service agent, if any;
�	��(E)��by an escrow account; or
�	��(F)��where the service is provided, by a credit
�	card issued by:
�	��(i)��a financial institution chartered by a
�	state or the United States; or
�	��(ii)��a nationally recognized credit
�	organization approved by the board [~~Texas Transportation~~
�	~~Commission~~];
�	��(3)��paying a discount or service charge for a credit
�	card payment or escrow account, in addition to the fee; and
�	��(4)��furnishing to the county assessor-collector, the
�	department, or the department's wire service agent, evidence of
�	financial responsibility for the vehicle that complies with
�	Sections 502.153(c) and 601.168(a) and is written by an insurance
�	company or surety company authorized to write motor vehicle
�	liability insurance in this state.
�	��SECTION�2E.07.��Section 502.355(h), Transportation Code, is
�	amended to read as follows:
�	��(h)��A person operating a vehicle under a permit issued under
�	this section commits an offense if the person:
�	��(1)��transports farm products to a place of market,
�	storage, or processing or a railhead or seaport that is farther from
�	the place of production or point of entry, as appropriate, than the
�	distance provided for in the permit; or
�	��(2)��follows a route other than that prescribed by the
�	board [~~Texas Transportation Commission~~].
�	PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
�	��SECTION�2F.01.��Subdivisions (2) and (5), Section 503.001,
�	Transportation Code, are amended to read as follows:
�	��(2)��"Commission"�means the board of the Texas
�	Department of Motor Vehicles�[~~Texas Transportation Commission~~].
�	��(5)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART G. SPECIALTY LICENSE PLATES
�	��SECTION�2G.01.��Section 504.001(a), Transportation Code, is
�	amended to read as follows:
�	��(a)��In this chapter:
�	��(1)��"Board" means the board of the Texas Department of
�	Motor Vehicles [~~, "commission" and "director" have the meanings~~
�	~~assigned by Section 201.001~~].
�	��(2)��"Department" means the Texas Department of Motor
�	Vehicles.
�	��SECTION�2G.02.��Section 504.004, Transportation Code, is
�	amended to read as follows:
�	��Sec.�504.004.��RULES AND FORMS. �The board [~~commission~~] may
�	adopt rules and the department may issue forms to implement and
�	administer this chapter.
�	��SECTION�2G.03.��Sections 504.851(b), (c), and (d),
�	Transportation Code, are amended to read as follows:
�	��(b)��Instead of the fees established by Section 504.101(c),
�	the board [~~commission~~] by rule shall establish fees for the
�	issuance or renewal of personalized license plates that are
�	marketed and sold by the private vendor. �Fees must be reasonable
�	and not less than the greater of:
�	��(1)��the amounts necessary to allow the department to
�	recover all reasonable costs to the department associated with the
�	evaluation of the competitive sealed proposals received by the
�	department and with the implementation and enforcement of the
�	contract, including direct, indirect, and administrative costs; or
�	��(2)��the amount established by Section 504.101(c).
�	��(c)��The board [~~commission~~] by rule shall establish the fees
�	for the issuance or renewal of souvenir license plates, specialty
�	license plates, or souvenir or specialty license plates that are
�	personalized that are marketed and sold by the private vendor. �Fees
�	must be reasonable and not less than the amounts necessary to allow
�	the department to recover all reasonable costs to the department
�	associated with the evaluation of the competitive sealed proposals
�	received by the department and with the implementation and
�	enforcement of the contract, including direct, indirect, and
�	administrative costs. �A fee established under this subsection is
�	in addition to:
�	��(1)��the registration fee and any optional registration
�	fee prescribed by this chapter for the vehicle for which specialty
�	license plates are issued;
�	��(2)��any additional fee prescribed by this subchapter
�	for the issuance of specialty license plates for that vehicle; and
�	��(3)��any additional fee prescribed by this subchapter
�	for the issuance of personalized license plates for that vehicle.
�	��(d)��At any time as necessary to comply with Subsection (b)
�	or (c), the board [~~commission~~] may increase or decrease the amount
�	of a fee established under the applicable subsection.
�	PART H. MISCELLANEOUS PROVISIONS
�	��SECTION�2H.01.��Section 520.001, Transportation Code, is
�	amended to read as follows:
�	��Sec.�520.001.��DEFINITION. �In this chapter, "department"
�	means the Texas Department of Motor Vehicles [~~Transportation~~].
�	PART I. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
�	��SECTION�2I.01.��Section 551.302, Transportation Code, is
�	amended to read as follows:
�	��Sec.�551.302.��REGISTRATION. �The Texas Department of Motor
�	Vehicles [~~Transportation~~] may adopt rules relating to the
�	registration and issuance of license plates to neighborhood
�	electric vehicles.
�	PART J. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
�	��SECTION�2J.01.��Section 601.023, Transportation Code, is
�	amended to read as follows:
�	��Sec.�601.023.��PAYMENT OF STATUTORY FEES. �The department
�	may pay:
�	��(1)��a statutory fee required by the Texas Department
�	of Motor Vehicles�[~~Transportation~~] for a certified abstract or in
�	connection with suspension of a vehicle registration; or
�	��(2)��a statutory fee payable to the comptroller for
�	issuance of a certificate of deposit required by Section 601.122.
�	��SECTION�2J.02.��Section 601.451, Transportation Code, as
�	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
�	Regular Session, 2005, is amended to read as follows:
�	��Sec.�601.451.��DEFINITION. �In this subchapter,
�	"implementing agencies" means:
�	��(1)��the department;
�	��(2)��the Texas Department of Motor Vehicles�
�	[~~Transportation~~];
�	��(3)��the Texas Department of Insurance; and
�	��(4)��the Department of Information Resources.
�	��SECTION�2J.03.��Subchapter N, Chapter 601, Transportation
�	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
�	Legislature, Regular Session, 2003, is repealed.
�	PART K. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
�	��SECTION�2K.01.��Subsection (d), Section 642.002,
�	Transportation Code, is amended to read as follows:
�	��(d)��The Texas Department of Motor Vehicles [~~Transportation~~]
�	by rule may prescribe additional requirements regarding the form of
�	the markings required by Subsection (a)(2) that are not
�	inconsistent with that subsection.
�	PART L. �MOTOR CARRIER REGISTRATION
�	��SECTION�2L.01.��Subdivision (1), Section 643.001,
�	Transportation Code, is amended to read as follows:
�	��(1)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART M. �SINGLE STATE REGISTRATION
�	��SECTION�2M.01.��Section 645.001, Transportation Code, is
�	amended to read as follows:
�	��Sec.�645.001.��FEDERAL MOTOR CARRIER REGISTRATION. �The
�	Texas Department of Motor Vehicles [~~Transportation~~] may, to the
�	fullest extent practicable, participate in a federal motor carrier
�	registration program under the unified carrier registration system
�	as defined by Section 643.001 or a�[~~the~~] single state registration
�	system established under federal law�[~~49 U.S.C. Section 14504~~].
�	PART N. �MOTOR TRANSPORTATION BROKERS
�	��SECTION�2N.01.��Subsection (a), Section 646.003,
�	Transportation Code, is amended to read as follows:
�	��(a)��A person may not act as a motor transportation broker
�	unless the person provides a bond to the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART O. �FOREIGN COMMERCIAL MOTOR TRANSPORTATION
�	��SECTION�2O.01.��Section 648.002, Transportation Code, is
�	amended to read as follows:
�	��Sec.�648.002.��RULES. In addition to rules required by this
�	chapter, the Texas Department of Motor Vehicles [~~Transportation~~],
�	the Department of Public Safety, and the Texas Department of
�	Insurance may adopt other rules to carry out this chapter.
�	PART P. PRIVILEGED PARKING
�	��SECTION�2P.01.��Section 681.001(1), Transportation Code, is
�	amended to read as follows:
�	��(1)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART Q. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
�	STOPPING OFFENSES
�	��SECTION�2Q.01.��Section 682.008, Transportation Code, is
�	amended to read as follows:
�	��Sec.�682.008.��PRESUMPTIONS. �In an administrative
�	adjudication hearing under this chapter:
�	��(1)��it is presumed that the registered owner of the
�	motor vehicle is the person who parked or stopped the vehicle at the
�	time and place of the offense charged; and
�	��(2)��the Texas Department of Motor Vehicles'
�	[~~Transportation's~~] computer-generated record of the registered
�	vehicle owner is prima facie evidence of the contents of the record.
�	PART R. ABANDONED MOTOR VEHICLES
�	��SECTION�2R.01.��Subdivision (1), Section 683.001,
�	Transportation Code, is amended to read as follows:
�	��(1)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART S. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
�	��SECTION�2S.01.��Subdivision (1), Section 702.001,
�	Transportation Code, is amended to read as follows:
�	��(1)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART T. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
�	��SECTION�2T.01.��Subdivision (2), Section 707.001,
�	Transportation Code, is amended to read as follows:
�	��(2)��"Owner of a motor vehicle" means the owner of a
�	motor vehicle as shown on the motor vehicle registration records of
�	the Texas Department of Motor Vehicles [~~Transportation~~] or the
�	analogous department or agency of another state or country.
�	��SECTION�2T.02.��Subsection (b), Section 707.011,
�	Transportation Code, is amended to read as follows:
�	��(b)��Not later than the 30th day after the date the violation
�	is alleged to have occurred, the designated department, agency, or
�	office of the local authority or the entity with which the local
�	authority contracts under Section 707.003(a)(1) shall mail the
�	notice of violation to the owner at:
�	��(1)��the owner's address as shown on the registration
�	records of the Texas Department of Motor Vehicles [~~Transportation~~];
�	or
�	��(2)��if the vehicle is registered in another state or
�	country, the owner's address as shown on the motor vehicle
�	registration records of the department or agency of the other state
�	or country analogous to the Texas Department of Motor Vehicles
�	[~~Transportation~~].
�	��SECTION�2T.03.��Section 707.017, Transportation Code, is
�	amended to read as follows:
�	��Sec.�707.017.��ENFORCEMENT. �If the owner of a motor vehicle
�	is delinquent in the payment of a civil penalty imposed under this
�	chapter, the county assessor-collector or the Texas Department of
�	Motor Vehicles [~~Transportation~~] may refuse to register a motor
�	vehicle alleged to have been involved in the violation.
�	PART U. SALE OR LEASE OF MOTOR VEHICLES
�	��SECTION�2U.01.��Subdivision (9), Section 2301.002,
�	Occupations Code, is amended to read as follows:
�	��(9)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�2U.02.��Subdivision (33), Section 2301.002,
�	Occupations Code, is repealed.
�	PART V. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
�	��SECTION�2V.01.��Subdivision (3), Section 1, Article
�	4413(37), Revised Statutes, is amended to read as follows:
�	��(3)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�2V.02.��Section 2, Article 4413(37), Revised
�	Statutes, is amended to read as follows:
�	��Sec.�2.��The Automobile Burglary and Theft Prevention
�	Authority is established in the Texas Department of Motor Vehicles
�	[~~Transportation~~]. The authority is not an advisory body to the
�	Texas Department of Motor Vehicles�[~~Transportation~~].
�	ARTICLE 3. �CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
�	TRANSPORTATION IN OTHER CODES
�	PART A. BUSINESS & COMMERCE CODE
�	��SECTION�3A.01.��Subsection (b), Section 51.003, Business &
�	Commerce Code, as effective April 1, 2009, is amended to read as
�	follows:
�	��(b)��In this chapter, "business opportunity" does not
�	include:
�	��(1)��the sale or lease of an established and ongoing
�	business or enterprise that has actively conducted business before
�	the sale or lease, whether composed of one or more than one
�	component business or enterprise, if the sale or lease represents
�	an isolated transaction or series of transactions involving a bona
�	fide change of ownership or control of the business or enterprise or
�	liquidation of the business or enterprise;
�	��(2)��a sale by a retailer of goods or services under a
�	contract or other agreement to sell the inventory of one or more
�	ongoing leased departments to a purchaser who is granted the right
�	to sell the goods or services within or adjoining a retail business
�	establishment as a department or division of the retail business
�	establishment;
�	��(3)��a transaction that is:
�	��(A)��regulated by the Texas Department of
�	Licensing and Regulation, the Texas Department of Insurance, the
�	Texas Real Estate Commission, or the director of the Motor Vehicle
�	Division of the Texas Department of Motor Vehicles�
�	[~~Transportation~~]; and
�	��(B)��engaged in by a person licensed by one of
�	those agencies;
�	��(4)��a real estate syndication;
�	��(5)��a sale or lease to a business enterprise that also
�	sells or leases products, equipment, or supplies or performs
�	services:
�	��(A)��that are not supplied by the seller; and
�	��(B)��that the purchaser does not use with the
�	seller's products, equipment, supplies, or services;
�	��(6)��the offer or sale of a franchise as described by
�	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
�	seq.) and its subsequent amendments;
�	��(7)��the offer or sale of a business opportunity if the
�	seller:
�	��(A)��has a net worth of $25 million or more
�	according to the seller's audited balance sheet as of a date not
�	earlier than the 13th month before the date of the transaction; or
�	��(B)��is at least 80 percent owned by another
�	person who:
�	��(i)��in writing unconditionally guarantees
�	performance by the person offering the business opportunity plan;
�	and
�	��(ii)��has a net worth of more than $25
�	million according to the person's most recent audited balance sheet
�	as of a date not earlier than the 13th month before the date of the
�	transaction; or
�	��(8)��an arrangement defined as a franchise by 16 C.F.R.
�	Section 436.2(a) and its subsequent amendments if:
�	��(A)��the franchisor complies in all material
�	respects in this state with 16 C.F.R. Part 436 and each order or
�	other action of the Federal Trade Commission; and
�	��(B)��before offering for sale or selling a
�	franchise in this state, a person files with the secretary of state
�	a notice containing:
�	��(i)��the name of the franchisor;
�	��(ii)��the name under which the franchisor
�	intends to transact business; and
�	��(iii)��the franchisor's principal business
�	address.
�	��SECTION�3A.02.��Subsection (b), Section 105.004, Business &
�	Commerce Code, as effective April 1, 2009, is amended to read as
�	follows:
�	��(b)��The Texas Department of Motor Vehicles [~~Transportation~~]
�	shall provide a notice that states the provisions of this chapter to
�	each person with a disability who is issued:
�	��(1)��license plates under Section 504.201,
�	Transportation Code; or
�	��(2)��a disabled parking placard under Section 681.004,
�	Transportation Code.
�	PART B. CODE OF CRIMINAL PROCEDURE
�	��SECTION�3B.01.��Subdivision (1), Section 1, Article 42.22,
�	Code of Criminal Procedure, is amended to read as follows:
�	��(1)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�3B.02.��Subsection (c), Article 59.04, Code of
�	Criminal Procedure, is amended to read as follows:
�	��(c)��If the property is a motor vehicle, and if there is
�	reasonable cause to believe that the vehicle has been registered
�	under the laws of this state, the attorney representing the state
�	shall ask the Texas Department of Motor Vehicles [~~Transportation~~]
�	to identify from its records the record owner of the vehicle and any
�	interest holder. If the addresses of the owner and interest holder
�	are not otherwise known, the attorney representing the state shall
�	request citation be served on such persons at the address listed
�	with the Texas Department of Motor Vehicles [~~Transportation~~]. If
�	the citation issued to such address is returned unserved, the
�	attorney representing the state shall cause a copy of the notice of
�	the seizure and intended forfeiture to be posted at the courthouse
�	door, to remain there for a period of not less than 30 days. If the
�	owner or interest holder does not answer or appear after the notice
�	has been so posted, the court shall enter a judgment by default as
�	to the owner or interest holder, provided that the attorney
�	representing the state files a written motion supported by
�	affidavit setting forth the attempted service. An owner or
�	interest holder whose interest is forfeited in this manner shall
�	not be liable for court costs. If the person in possession of the
�	vehicle at the time of the seizure is not the owner or the interest
�	holder of the vehicle, notification shall be provided to the
�	possessor in the same manner specified for notification to an owner
�	or interest holder.
�	PART C. FAMILY CODE
�	��SECTION�3C.01.��Subsection (b), Section 157.316, Family
�	Code, is amended to read as follows:
�	��(b)��If a lien established under this subchapter attaches to
�	a motor vehicle, the lien must be perfected in the manner provided
�	by Chapter 501, Transportation Code, and the court or Title IV-D
�	agency that rendered the order of child support shall include in the
�	order a requirement that the obligor surrender to the court or Title
�	IV-D agency evidence of the legal ownership of the motor vehicle
�	against which the lien may attach. A lien against a motor vehicle
�	under this subchapter is not perfected until the obligor's title to
�	the vehicle has been surrendered to the court or Title IV-D agency
�	and the Texas Department of Motor Vehicles [~~Transportation~~] has
�	issued a subsequent title that discloses on its face the fact that
�	the vehicle is subject to a child support lien under this
�	subchapter.
�	��SECTION�3C.02.��Subsection (a), Section 232.0022, Family
�	Code, is amended to read as follows:
�	��(a)��The Texas Department of Motor Vehicles [~~Transportation~~]
�	is the appropriate licensing authority for suspension or nonrenewal
�	of a motor vehicle registration under this chapter.
�	��SECTION�3C.03.��Subsection (b), Section 232.014, Family
�	Code, is amended to read as follows:
�	��(b)��A fee collected by the Texas Department of Motor
�	Vehicles�[~~Transportation~~] or the Department of Public Safety shall
�	be deposited to the credit of the state highway fund.
�	��SECTION�3C.04.��Subsection (b), Section 264.502, Family
�	Code, is amended to read as follows:
�	��(b)��The members of the committee who serve under Subsections
�	(a)(1) through (3) shall select the following additional committee
�	members:
�	��(1)��a criminal prosecutor involved in prosecuting
�	crimes against children;
�	��(2)��a sheriff;
�	��(3)��a justice of the peace;
�	��(4)��a medical examiner;
�	��(5)��a police chief;
�	��(6)��a pediatrician experienced in diagnosing and
�	treating child abuse and neglect;
�	��(7)��a child educator;
�	��(8)��a child mental health provider;
�	��(9)��a public health professional;
�	��(10)��a child protective services specialist;
�	��(11)��a sudden infant death syndrome family service
�	provider;
�	��(12)��a neonatologist;
�	��(13)��a child advocate;
�	��(14)��a chief juvenile probation officer;
�	��(15)��a child abuse prevention specialist;
�	��(16)��a representative of the Department of Public
�	Safety; and
�	��(17)��a representative of the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	PART D. �FINANCE CODE
�	��SECTION�3D.01.��Subdivision (9), Section 306.001, Finance
�	Code, is amended to read as follows:
�	��(9)��"Qualified commercial loan":
�	��(A)��means:
�	��(i)��a commercial loan in which one or more
�	persons as part of the same transaction lends, advances, borrows,
�	or receives, or is obligated to lend or advance or entitled to
�	borrow or receive, money or credit with an aggregate value of:
�	��(a)��$3 million or more if the
�	commercial loan is secured by real property; or
�	��(b)��$250,000 or more if the commercial
�	loan is not secured by real property and, if the aggregate value of
�	the commercial loan is less than $500,000, the loan documents
�	contain a written certification from the borrower that:
�	��(1)��the borrower has been
�	advised by the lender to seek the advice of an attorney and an
�	accountant in connection with the commercial loan; and
�	��(2)��the borrower has had the
�	opportunity to seek the advice of an attorney and accountant of the
�	borrower's choice in connection with the commercial loan; and
�	��(ii)��a renewal or extension of a commercial
�	loan described by Paragraph (A), regardless of the principal amount
�	of the loan at the time of the renewal or extension; and
�	��(B)��does not include a commercial loan made for
�	the purpose of financing a business licensed by the Motor Vehicle
�	Board of the Texas Department of Motor Vehicles [~~Transportation~~]
�	under Section 2301.251(a), Occupations Code.
�	��SECTION�3D.02.��Subdivision (10-a), Section 348.001,
�	Finance Code, is amended to read as follows:
�	��(10-a)��"Towable recreation vehicle" means a
�	nonmotorized vehicle that:
�	��(A)��was originally designed and manufactured
�	primarily to provide temporary human habitation in conjunction with
�	recreational, camping, or seasonal use;
�	��(B)��is titled and registered with the Texas
�	Department of Motor Vehicles [~~Transportation~~] as a travel trailer
�	through a county tax assessor-collector;
�	��(C)��is permanently built on a single chassis;
�	��(D)��contains at least one life support system;
�	and
�	��(E)��is designed to be towable by a motor vehicle.
�	��SECTION�3D.03.��Section 348.518, Finance Code, is amended to
�	read as follows:
�	��Sec.�348.518.��SHARING OF INFORMATION. �To ensure consistent
�	enforcement of law and minimization of regulatory burdens, the
�	commissioner and the Texas Department of Motor Vehicles
�	[~~Transportation~~] may share information, including criminal history
�	information, relating to a person licensed under this chapter.
�	Information otherwise confidential remains confidential after it
�	is shared under this section.
�	PART E. GOVERNMENT CODE
�	��SECTION�3E.01.��Subsection (d), Section 411.122, Government
�	Code, is amended to read as follows:
�	��(d)��The following state agencies are subject to this
�	section:
�	��(1)��Texas Appraiser Licensing and Certification
�	Board;
�	��(2)��Texas Board of Architectural Examiners;
�	��(3)��Texas Board of Chiropractic Examiners;
�	��(4)��State Board of Dental Examiners;
�	��(5)��Texas Board of Professional Engineers;
�	��(6)��Texas Funeral Service Commission;
�	��(7)��Texas Board of Professional Geoscientists;
�	��(8)��Department of State Health Services, except as
�	provided by Section 411.110, and agencies attached to the
�	department, including:
�	��(A)��Texas State Board of Examiners of Dietitians;
�	��(B)��Texas State Board of Examiners of Marriage
�	and Family Therapists;
�	��(C)��Midwifery Board;
�	��(D)��Texas State Perfusionist Advisory Committee�
�	[~~Board of Examiners of Perfusionists~~];
�	��(E)��Texas State Board of Examiners of
�	Professional Counselors;
�	��(F)��Texas State Board of Social Worker Examiners;
�	��(G)��State Board of Examiners for Speech-Language
�	Pathology and Audiology;
�	��(H)��Advisory Board of Athletic Trainers;
�	��(I)��State Committee of Examiners in the Fitting
�	and Dispensing of Hearing Instruments;
�	��(J)��Texas Board of Licensure for Professional
�	Medical Physicists; and
�	��(K)��Texas Board of Orthotics and Prosthetics;
�	��(9)��Texas Board of Professional Land Surveying;
�	��(10)��Texas Department of Licensing and Regulation,
�	except as provided by Section 411.093;
�	��(11)��Texas Commission on Environmental Quality;
�	��(12)��Texas Board of Occupational Therapy Examiners;
�	��(13)��Texas Optometry Board;
�	��(14)��Texas State Board of Pharmacy;
�	��(15)��Texas Board of Physical Therapy Examiners;
�	��(16)��Texas State Board of Plumbing Examiners;
�	��(17)��Texas State Board of Podiatric Medical Examiners;
�	��(18)��Polygraph Examiners Board;
�	��(19)��Texas State Board of Examiners of Psychologists;
�	��(20)��Texas Real Estate Commission;
�	��(21)��Board of Tax Professional Examiners;
�	��(22)��Texas Department of Transportation;
�	��(23)��State Board of Veterinary Medical Examiners;
�	��(24)��Texas Department of Housing and Community
�	Affairs;
�	��(25)��secretary of state;
�	��(26)��state fire marshal;
�	��(27)��Texas Education Agency; [~~and~~]
�	��(28)��Department of Agriculture; and
�	��(29)��Texas Department of Motor Vehicles.
�	PART F. HEALTH AND SAFETY CODE
�	��SECTION�3F.01.��Subsection (e), Section 382.209, Health and
�	Safety Code, is amended to read as follows:
�	��(e)��A vehicle is not eligible to participate in a low-income
�	vehicle repair assistance, retrofit, and accelerated vehicle
�	retirement program established under this section unless:
�	��(1)��the vehicle is capable of being operated;
�	��(2)��the registration of the vehicle:
�	��(A)��is current; and
�	��(B)��reflects that the vehicle has been registered
�	in the county implementing the program for the 12 months preceding
�	the application for participation in the program;
�	��(3)��the commissioners court of the county
�	administering the program determines that the vehicle meets the
�	eligibility criteria adopted by the commission, the Texas
�	Department of Motor Vehicles [~~Transportation~~], and the Public
�	Safety Commission;
�	��(4)��if the vehicle is to be repaired, the repair is
�	done by a repair facility recognized by the Department of Public
�	Safety, which may be an independent or private entity licensed by
�	the state; and
�	��(5)��if the vehicle is to be retired under this
�	subsection and Section 382.213, the replacement vehicle is a
�	qualifying motor vehicle.
�	��SECTION�3F.02.��Subsection (f), Section 382.210, Health and
�	Safety Code, is amended to read as follows:
�	��(f)��In this section, "total cost" means the total amount of
�	money paid or to be paid for the purchase of a motor vehicle as set
�	forth as "sales price" in the form entitled "Application for Texas
�	Certificate of Title" promulgated by the Texas Department of Motor
�	Vehicles [~~Transportation~~]. �In a transaction that does not involve
�	the use of that form, the term means an amount of money that is
�	equivalent, or substantially equivalent, to the amount that would
�	appear as "sales price" on the Application for Texas Certificate of
�	Title if that form were involved.
�	��SECTION�3F.03.��Subsection (a), Section 461.017, Health and
�	Safety Code, is amended to read as follows:
�	��(a)��The Drug Demand Reduction Advisory Committee is
�	composed of the following members:
�	��(1)��five representatives of the public from different
�	geographic regions of the state who have knowledge and expertise in
�	issues relating to reducing drug demand and who are appointed by the
�	commissioner�[~~executive director~~] of the Department of State Health
�	Services�[~~Texas Commission on Alcohol and Drug Abuse~~]; and
�	��(2)��one representative of each of the following
�	agencies or offices who is appointed by the executive director or
�	commissioner of the agency or office and who is directly involved in
�	the agency's or office's policies, programs, or funding activities
�	relating to reducing drug demand:
�	��(A)��the criminal justice division of the
�	governor's office;
�	��(B)��the Criminal Justice Policy Council;
�	��(C)��the Department of Family and�Protective [~~and~~
�	~~Regulatory~~] Services;
�	��(D)��the Department of Public Safety of the State
�	of Texas;
�	��(E)��the Health and Human Services Commission;
�	��(F)��the Texas Alcoholic Beverage Commission;
�	��(G)��the Department of State Health Services�
�	[~~Texas Commission on Alcohol and Drug Abuse~~];
�	��(H)��the Texas Council on Offenders with Mental
�	Impairments;
�	��(I)��the Texas Department of Criminal Justice;
�	��(J)��the [~~Texas Department of~~] Health and[;
�	��[~~(K)��the Texas Department of~~] Human Services
�	Commission;
�	��(K)�[~~(L)~~]��the [~~Texas~~] Department of Aging and
�	Disability Services�[~~Mental Health and Mental Retardation~~];
�	��(L)�[~~(M)~~]��the Texas Education Agency;
�	��(M)�[~~(N)~~]��the Texas Juvenile Probation
�	Commission;
�	��(N)�[~~(O)~~]��the Texas Youth Commission;
�	��(O)�[~~(P)~~]��the Department of Assistive and
�	Rehabilitative Services�[~~Texas Rehabilitation Commission~~];
�	��(P)�[~~(Q)~~]��the Texas Workforce Commission;
�	��(Q)�[~~(R)~~]��the Texas Department of Motor Vehicles
�	[~~Transportation~~];
�	��(R)�[~~(S)~~]��the comptroller of public accounts;
�	and
�	��(S)�[~~(T)~~]��the adjutant general's department.
�	PART G. HUMAN RESOURCES CODE
�	��SECTION�3G.01.��Section 22.041, Human Resources Code, is
�	amended to read as follows:
�	��Sec.�22.041.��THIRD-PARTY INFORMATION. �Notwithstanding any
�	other provision of this code, the department may use information
�	obtained from a third party to verify the assets and resources of a
�	person for purposes of determining the person's eligibility and
�	need for medical assistance, financial assistance, or nutritional
�	assistance. Third-party information includes information obtained
�	from:
�	��(1)��a consumer reporting agency, as defined by Section
�	20.01, Business & Commerce Code;
�	��(2)��an appraisal district; or
�	��(3)��the Texas Department of Motor Vehicles
�	[~~Transportation's~~] vehicle registration record database.
�	��SECTION�3G.02.��Subsection (g), Section 32.026, Human
�	Resources Code, is amended to read as follows:
�	��(g)��Notwithstanding any other provision of this code, the
�	department may use information obtained from a third party to
�	verify the assets and resources of a person for purposes of
�	determining the person's eligibility and need for medical
�	assistance. Third-party information includes information obtained
�	from:
�	��(1)��a consumer reporting agency, as defined by Section
�	20.01, Business & Commerce Code;
�	��(2)��an appraisal district; or
�	��(3)��the Texas Department of Motor Vehicles
�	[~~Transportation's~~] vehicle registration record database.
�	PART H. LOCAL GOVERNMENT CODE
�	��SECTION�3H.01.��Section 130.006, Local Government Code, is
�	amended to read as follows:
�	��Sec.�130.006.��PROCEDURES FOR COLLECTION OF DISHONORED
�	CHECKS AND INVOICES. �A county tax assessor-collector may establish
�	procedures for the collection of dishonored checks and credit card
�	invoices. The procedures may include:
�	��(1)��official notification to the maker that the check
�	or invoice has not been honored and that the receipt, registration,
�	certificate, or other instrument issued on the receipt of the check
�	or invoice is not valid until payment of the fee or tax is made;
�	��(2)��notification of the sheriff or other law
�	enforcement officers that a check or credit card invoice has not
�	been honored and that the receipt, registration, certificate, or
�	other instrument held by the maker is not valid; and
�	��(3)��notification to the Texas Department of Motor
�	Vehicles [~~Transportation~~], the comptroller of public accounts, or
�	the Department of Public Safety that the receipt, registration,
�	certificate, or other instrument held by the maker is not valid.
�	��SECTION�3H.02.��Section 130.007, Local Government Code, is
�	amended to read as follows:
�	��Sec.�130.007.��REMISSION TO STATE NOT REQUIRED; STATE
�	ASSISTANCE IN COLLECTION. �(a)��If a fee or tax is required to be
�	remitted to the comptroller or the Texas Department of Motor
�	Vehicles [~~Transportation~~] and if payment was made to the county tax
�	assessor-collector by a check that was not honored by the drawee
�	bank or by a credit card invoice that was not honored by the credit
�	card issuer, the amount of the fee or tax is not required to be
�	remitted, but the assessor-collector shall notify the appropriate
�	department of:
�	��(1)��the amount of the fee or tax;
�	��(2)��the type of fee or tax involved; and
�	��(3)��the name and address of the maker.
�	��(b)��The Texas Department of Motor Vehicles [~~Transportation~~]
�	and the comptroller shall assist the county tax assessor-collector
�	in collecting the fee or tax and may cancel or revoke any receipt,
�	registration, certificate, or other instrument issued in the name
�	of the state conditioned on the payment of the fee or tax.
�	��SECTION�3H.03.��Section 130.008, Local Government Code, is
�	amended to read as follows:
�	��Sec.�130.008.��LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
�	SUBCHAPTER. �If the comptroller or the Texas Department of Motor
�	Vehicles [~~Transportation~~] determines that the county tax
�	assessor-collector has accepted payment for fees and taxes to be
�	remitted to that department in violation of Section 130.004 or that
�	more than two percent of the fees and taxes to be received from the
�	assessor-collector are not remitted because of the acceptance of
�	checks that are not honored by the drawee bank or of credit card
�	invoices that are not honored by the credit card issuer, the
�	department may notify the assessor-collector that the
�	assessor-collector may not accept a check or credit card invoice
�	for the payment of any fee or tax to be remitted to that department.
�	A county tax assessor-collector who accepts a check or credit card
�	invoice for the payment of a fee or tax, after notice that the
�	assessor-collector may not receive a check or credit card invoice
�	for the payment of fees or taxes to be remitted to a department, is
�	liable to the state for the amount of the check or credit card
�	invoice accepted.
�	��SECTION�3H.04.��Section 130.009, Local Government Code, is
�	amended to read as follows:
�	��Sec.�130.009.��STATE RULES. �The comptroller and the Texas
�	Department of Motor Vehicles [~~Transportation~~] may make rules
�	concerning the acceptance of checks or credit card invoices by a
�	county tax assessor-collector and for the collection of dishonored
�	checks or credit card invoices.
�	PART I. OCCUPATIONS CODE
�	��SECTION�3I.01.��Subsection (c), Section 554.009,
�	Occupations Code, is amended to read as follows:
�	��(c)��The board may register a vehicle with the Texas
�	Department of Motor Vehicles [~~Transportation~~] in an alias name only
�	for investigative personnel.
�	��SECTION�3I.02.��Subdivision (9), Section 2301.002,
�	Occupations Code, is amended to read as follows:
�	��(9)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�3I.03.��Subsections (a) and (b), Section 2301.005,
�	Occupations Code, are amended to read as follows:
�	��(a)��A reference in law, including a rule, to the Texas Motor
�	Vehicle Commission or to the board means [~~the director, except that~~
�	~~a reference to~~] the board of the Texas Department of Motor Vehicles
�	[~~means the commission if it is related to the adoption of rules~~].
�	��(b)��A reference in law, including a rule, to the executive
�	director of the Texas Motor Vehicle Commission means the executive
�	director of the Texas Department of Motor Vehicles.
�	��SECTION�3I.04.��Subdivisions (2) and (3), Section 2302.001,
�	Occupations Code, are amended to read as follows:
�	��(2)��"Board" [~~"Commission"~~] means the board of the
�	Texas Department of Motor Vehicles [~~Transportation Commission~~].
�	��(3)��"Department" means the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��SECTION�3I.05.��Subsection (b), Section 2302.0015,
�	Occupations Code, is amended to read as follows:
�	��(b)��For the purpose of enforcing or administering this
�	chapter or Chapter 501 or 502, Transportation Code, a member of the
�	board [~~commission~~], an employee or agent of the board [~~commission~~]
�	or department, a member of the Public Safety Commission, an officer
�	of the Department of Public Safety, or a peace officer may at a
�	reasonable time:
�	��(1)��enter the premises of a business regulated under
�	one of those chapters; and
�	��(2)��inspect or copy any document, record, vehicle,
�	part, or other item regulated under one of those chapters.
�	��SECTION�3I.06.��The heading to Subchapter B, Chapter 2302,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER B. �BOARD�[~~COMMISSION~~] POWERS AND DUTIES
�	��SECTION�3I.07.��Sections 2302.051, 2302.052, and 2302.053,
�	Occupations Code, are amended to read as follows:
�	��Sec.�2302.051.��RULES AND ENFORCEMENT POWERS. �The board�
�	[~~commission~~] shall adopt rules as necessary to administer this
�	chapter and may take other action as necessary to enforce this
�	chapter.
�	��Sec.�2302.052.��DUTY TO SET FEES.� The board�[~~commission~~]
�	shall set application fees, license fees, renewal fees, and other
�	fees as required to implement this chapter. �The board�[~~commission~~]
�	shall set the fees in amounts reasonable and necessary to implement
�	and enforce this chapter.
�	��Sec.�2302.053.��RULES RESTRICTING ADVERTISING OR
�	COMPETITIVE BIDDING. �(a)��The board�[~~commission~~] may not adopt a
�	rule under Section 2302.051 restricting advertising or competitive
�	bidding by a person who holds a license issued under this chapter
�	except to prohibit false, misleading, or deceptive practices by the
�	person.
�	��(b)��The board�[~~commission~~] may not include in its rules to
�	prohibit false, misleading, or deceptive practices a rule that:
�	��(1)��restricts the use of any advertising medium;
�	��(2)��restricts the person's personal appearance or use
�	of the person's voice in an advertisement;
�	��(3)��relates to the size or duration of an
�	advertisement by the person; or
�	��(4)��restricts the use of a trade name in advertising by
�	the person.
�	��SECTION�3I.08.��Subsection (b), Section 2302.108,
�	Occupations Code, is amended to read as follows:
�	��(b)��The board [~~commission~~] by rule shall establish the
�	grounds for denial, suspension, revocation, or reinstatement of a
�	license issued under this chapter and the procedures for
�	disciplinary action. A rule adopted under this subsection may not
�	conflict with a rule adopted by the State Office of Administrative
�	Hearings.
�	��SECTION�3I.09. Section 2302.204, Occupations Code, is
�	amended to read as follows:
�	��Sec.�2302.204.��CASUAL SALES. �This chapter does not apply to
�	a person who purchases fewer than three nonrepairable motor
�	vehicles or salvage motor vehicles from a salvage vehicle dealer,
�	an insurance company or salvage pool operator in a casual sale at
�	auction, except that:
�	��(1)��the board [~~commission~~] shall adopt rules as
�	necessary to regulate casual sales by salvage vehicle dealers,
�	insurance companies, or salvage pool operators and to enforce this
�	section; and
�	��(2)��a salvage vehicle dealer, insurance company, or
�	salvage pool operator who sells a motor vehicle in a casual sale
�	shall comply with those rules and Subchapter E, Chapter 501,
�	Transportation Code.
�	��SECTION�3I.10.��Subdivision (33), Section 2301.002,
�	Occupations Code, is repealed.
�	PART J. PENAL CODE
�	��SECTION�3J.01.��Subsection (c), Section 31.03, Penal Code,
�	is amended to read as follows:
�	��(c)��For purposes of Subsection (b):
�	��(1)��evidence that the actor has previously
�	participated in recent transactions other than, but similar to,
�	that which the prosecution is based is admissible for the purpose of
�	showing knowledge or intent and the issues of knowledge or intent
�	are raised by the actor's plea of not guilty;
�	��(2)��the testimony of an accomplice shall be
�	corroborated by proof that tends to connect the actor to the crime,
�	but the actor's knowledge or intent may be established by the
�	uncorroborated testimony of the accomplice;
�	��(3)��an actor engaged in the business of buying and
�	selling used or secondhand personal property, or lending money on
�	the security of personal property deposited with the actor, is
�	presumed to know upon receipt by the actor of stolen property (other
�	than a motor vehicle subject to Chapter 501, Transportation Code)
�	that the property has been previously stolen from another if the
�	actor pays for or loans against the property $25 or more (or
�	consideration of equivalent value) and the actor knowingly or
�	recklessly:
�	��(A)��fails to record the name, address, and
�	physical description or identification number of the seller or
�	pledgor;
�	��(B)��fails to record a complete description of the
�	property, including the serial number, if reasonably available, or
�	other identifying characteristics; or
�	��(C)��fails to obtain a signed warranty from the
�	seller or pledgor that the seller or pledgor has the right to
�	possess the property. It is the express intent of this provision
�	that the presumption arises unless the actor complies with each of
�	the numbered requirements;
�	��(4)��for the purposes of Subdivision (3)(A),
�	"identification number" means driver's license number, military
�	identification number, identification certificate, or other
�	official number capable of identifying an individual;
�	��(5)��stolen property does not lose its character as
�	stolen when recovered by any law enforcement agency;
�	��(6)��an actor engaged in the business of obtaining
�	abandoned or wrecked motor vehicles or parts of an abandoned or
�	wrecked motor vehicle for resale, disposal, scrap, repair,
�	rebuilding, demolition, or other form of salvage is presumed to
�	know on receipt by the actor of stolen property that the property
�	has been previously stolen from another if the actor knowingly or
�	recklessly:
�	��(A)��fails to maintain an accurate and legible
�	inventory of each motor vehicle component part purchased by or
�	delivered to the actor, including the date of purchase or delivery,
�	the name, age, address, sex, and driver's license number of the
�	seller or person making the delivery, the license plate number of
�	the motor vehicle in which the part was delivered, a complete
�	description of the part, and the vehicle identification number of
�	the motor vehicle from which the part was removed, or in lieu of
�	maintaining an inventory, fails to record the name and certificate
�	of inventory number of the person who dismantled the motor vehicle
�	from which the part was obtained;
�	��(B)��fails on receipt of a motor vehicle to obtain
�	a certificate of authority, sales receipt, or transfer document as
�	required by Chapter 683, Transportation Code, or a certificate of
�	title showing that the motor vehicle is not subject to a lien or
�	that all recorded liens on the motor vehicle have been released; or
�	��(C)��fails on receipt of a motor vehicle to
�	immediately remove an unexpired license plate from the motor
�	vehicle, to keep the plate in a secure and locked place, or to
�	maintain an inventory, on forms provided by the Texas Department of
�	Motor Vehicles [~~Transportation~~], of license plates kept under this
�	paragraph, including for each plate or set of plates the license
�	plate number and the make, motor number, and vehicle identification
�	number of the motor vehicle from which the plate was removed;
�	��(7)��an actor who purchases or receives a used or
�	secondhand motor vehicle is presumed to know on receipt by the actor
�	of the motor vehicle that the motor vehicle has been previously
�	stolen from another if the actor knowingly or recklessly:
�	��(A)��fails to report to the Texas Department of
�	Motor Vehicles [~~Transportation~~] the failure of the person who sold
�	or delivered the motor vehicle to the actor to deliver to the actor
�	a properly executed certificate of title to the motor vehicle at the
�	time the motor vehicle was delivered; or
�	��(B)��fails to file with the county tax
�	assessor-collector of the county in which the actor received the
�	motor vehicle, not later than the 20th day after the date the actor
�	received the motor vehicle, the registration license receipt and
�	certificate of title or evidence of title delivered to the actor in
�	accordance with Subchapter D, Chapter 520, Transportation Code, at
�	the time the motor vehicle was delivered;
�	��(8)��an actor who purchases or receives from any source
�	other than a licensed retailer or distributor of pesticides a
�	restricted-use pesticide or a state-limited-use pesticide or a
�	compound, mixture, or preparation containing a restricted-use or
�	state-limited-use pesticide is presumed to know on receipt by the
�	actor of the pesticide or compound, mixture, or preparation that
�	the pesticide or compound, mixture, or preparation has been
�	previously stolen from another if the actor:
�	��(A)��fails to record the name, address, and
�	physical description of the seller or pledgor;
�	��(B)��fails to record a complete description of the
�	amount and type of pesticide or compound, mixture, or preparation
�	purchased or received; and
�	��(C)��fails to obtain a signed warranty from the
�	seller or pledgor that the seller or pledgor has the right to
�	possess the property; and
�	��(9)��an actor who is subject to Section 409, Packers and
�	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
�	a commission merchant by representing that the actor will make
�	prompt payment is presumed to have induced the commission
�	merchant's consent by deception if the actor fails to make full
�	payment in accordance with Section 409, Packers and Stockyards Act
�	(7 U.S.C. Section 228b).
�	��SECTION�3J.02.��Subsection (b), Section 31.11, Penal Code,
�	is amended to read as follows:
�	��(b)��It is an affirmative defense to prosecution under this
�	section that the person was:
�	��(1)��the owner or acting with the effective consent of
�	the owner of the property involved;
�	��(2)��a peace officer acting in the actual discharge of
�	official duties; or
�	��(3)��acting with respect to a number assigned to a
�	vehicle by the Texas Department of Transportation or the Texas
�	Department of Motor Vehicles, as applicable, and the person was:
�	��(A)��in the actual discharge of official duties as
�	an employee or agent of the department; or
�	��(B)��in full compliance with the rules of the
�	department as an applicant for an assigned number approved by the
�	department.
�	PART K. TAX CODE
�	��SECTION�3K.01.��Subsection (d), Section 21.02, Tax Code, is
�	amended to read as follows:
�	��(d)��A motor vehicle does not have taxable situs in a taxing
�	unit under Subsection (a)(1) if, on January 1, the vehicle:
�	��(1)��has been located for less than 60 days at a place
�	of business of a person who holds a wholesale motor vehicle auction
�	general distinguishing number issued by the Texas Department of
�	Motor Vehicles [~~Transportation~~] under Chapter 503, Transportation
�	Code, for that place of business; and
�	��(2)��is offered for resale.
�	��SECTION�3K.02.��Subsection (d), Section 22.04, Tax Code, is
�	amended to read as follows:
�	��(d)��This section does not apply to a motor vehicle that on
�	January 1 is located at a place of business of a person who holds a
�	wholesale motor vehicle auction general distinguishing number
�	issued by the Texas Department of Motor Vehicles [~~Transportation~~]
�	under Chapter 503, Transportation Code, for that place of business,
�	and that:
�	��(1)��has not acquired taxable situs under Section
�	21.02(a)(1) in a taxing unit that participates in the appraisal
�	district because the vehicle is described by Section 21.02(d);
�	��(2)��is offered for sale by a dealer who holds a
�	dealer's general distinguishing number issued by the Texas
�	Department of Motor Vehicles [~~Transportation~~] under Chapter 503,
�	Transportation Code, and whose inventory of motor vehicles is
�	subject to taxation in the manner provided by Sections 23.121 and
�	23.122; or
�	��(3)��is collateral possessed by a lienholder and
�	offered for sale in foreclosure of a security interest.
�	��SECTION�3K.03.��Subdivisions (3), (11), and (14), Subsection
�	(a), Section 23.121, Tax Code, are amended to read as follows:
�	��(3)��"Dealer" means a person who holds a dealer's
�	general distinguishing number issued by the Texas Department of
�	Motor Vehicles [~~Transportation~~] under the authority of Chapter 503,
�	Transportation Code, or who is legally recognized as a motor
�	vehicle dealer pursuant to the law of another state and who complies
�	with the terms of Section 152.063(f). The term does not include:
�	��(A)��a person who holds a manufacturer's license
�	issued under Chapter 2301, Occupations Code�[~~by the Motor Vehicle~~
�	~~Board of the Texas Department of Transportation~~];
�	��(B)��an entity that is owned or controlled by a
�	person who holds a manufacturer's license issued under Chapter
�	2301, Occupations Code�[~~by the Motor Vehicle Board of the Texas~~
�	~~Department of Transportation~~]; or
�	��(C)��a dealer whose general distinguishing number
�	issued by the Texas Department of Motor Vehicles [~~Transportation~~]
�	under the authority of Chapter 503, Transportation Code, prohibits
�	the dealer from selling a vehicle to any person except a dealer.
�	��(11)��"Sales price" means the total amount of money
�	paid or to be paid for the purchase of a motor vehicle as set forth
�	as "sales price" in the form entitled "Application for Texas
�	Certificate of Title" promulgated by the Texas Department of Motor
�	Vehicles [~~Transportation~~]. In a transaction that does not involve
�	the use of that form, the term means an amount of money that is
�	equivalent, or substantially equivalent, to the amount that would
�	appear as "sales price" on the Application for Texas Certificate of
�	Title if that form were involved.
�	��(14)��"Towable recreational vehicle" means a
�	nonmotorized vehicle that is designed for temporary human
�	habitation for recreational, camping, or seasonal use and:
�	��(A)��is titled and registered with the Texas
�	Department of Motor Vehicles [~~Transportation~~] through the office of
�	the collector;
�	��(B)��is permanently built on a single chassis;
�	��(C)��contains one or more life support systems;
�	and
�	��(D)��is designed to be towable by a motor vehicle.
�	��SECTION�3K.04.��Subsections (f), (g), and (h), Section
�	23.121, Tax Code, are amended to read as follows:
�	��(f)��The comptroller shall promulgate a form entitled
�	Dealer's Motor Vehicle Inventory Declaration. Except as provided
�	by Section 23.122(l) [~~of this code~~], not later than February 1 of
�	each year, or, in the case of a dealer who was not in business on
�	January 1, not later than 30 days after commencement of business,
�	each dealer shall file a declaration with the chief appraiser and
�	file a copy with the collector. For purposes of this subsection, a
�	dealer is presumed to have commenced business on the date of
�	issuance to the dealer of a dealer's general distinguishing number
�	as provided by Chapter 503, Transportation Code. Notwithstanding
�	the presumption created by this subsection, a chief appraiser may,
�	at his or her sole discretion, designate as the date on which a
�	dealer commenced business a date other than the date of issuance to
�	the dealer of a dealer's general distinguishing number. The
�	declaration is sufficient to comply with this subsection if it sets
�	forth the following information:
�	��(1)��the name and business address of each location at
�	which the dealer owner conducts business;
�	��(2)��each of the dealer's general distinguishing
�	numbers issued by the Texas Department of Motor Vehicles
�	[~~Transportation~~];
�	��(3)��a statement that the dealer owner is the owner of a
�	dealer's motor vehicle inventory; and
�	��(4)��the market value of the dealer's motor vehicle
�	inventory for the current tax year as computed under Section
�	23.121(b) [~~of this code~~].
�	��(g)��Under the terms provided by this subsection, the chief
�	appraiser may examine the books and records of the holder of a
�	general distinguishing number issued by the Texas Department of
�	Motor Vehicles [~~Transportation~~]. A request made under this
�	subsection must be made in writing, delivered personally to the
�	custodian of the records, at the location for which the general
�	distinguishing number has been issued, must provide a period not
�	less than 15 days for the person to respond to the request, and must
�	state that the person to whom it is addressed has the right to seek
�	judicial relief from compliance with the request. In a request made
�	under this section the chief appraiser may examine:
�	��(1)��the document issued by the Texas Department of
�	Motor Vehicles [~~Transportation~~] showing the person's general
�	distinguishing number;
�	��(2)��documentation appropriate to allow the chief
�	appraiser to ascertain the applicability of this section and
�	Section 23.122 [~~of this code~~] to the person;
�	��(3)��sales records to substantiate information set
�	forth in the dealer's declaration filed by the person.
�	��(h)��If a dealer fails to file a declaration as required by
�	this section, or if, on the declaration required by this section, a
�	dealer reports the sale of fewer than five motor vehicles in the
�	prior year, the chief appraiser shall report that fact to the Texas
�	Department of Motor Vehicles [~~Transportation~~] and the department
�	shall initiate termination proceedings. The chief appraiser shall
�	include with the report a copy of a declaration, if any, indicating
�	the sale by a dealer of fewer than five motor vehicles in the prior
�	year. A report by a chief appraiser to the Texas Department of
�	Motor Vehicles [~~Transportation~~] as provided by this subsection is
�	prima facie grounds for the cancellation of the dealer's general
�	distinguishing number under Section 503.038(a)(9), Transportation
�	Code, or for refusal by the Texas Department of Motor Vehicles
�	[~~Transportation~~] to renew the dealer's general distinguishing
�	number.
�	��SECTION�3K.05.��Subsection (c), Section 23.123, Tax Code, is
�	amended to read as follows:
�	��(c)��Information made confidential by this section may be
�	disclosed:
�	��(1)��in a judicial or administrative proceeding
�	pursuant to a lawful subpoena;
�	��(2)��to the person who filed the declaration or
�	statement or to that person's representative authorized by the
�	person in writing to receive the information;
�	��(3)��to the comptroller or an employee of the
�	comptroller authorized by the comptroller to receive the
�	information;
�	��(4)��to a collector or chief appraiser;
�	��(5)��to a district attorney, criminal district attorney
�	or county attorney involved in the enforcement of a penalty imposed
�	pursuant to Section 23.121 or Section 23.122 [~~of this code~~];
�	��(6)��for statistical purposes if in a form that does not
�	identify specific property or a specific property owner;
�	��(7)��if and to the extent that the information is
�	required for inclusion in a public document or record that the
�	appraisal or collection office is required by law to prepare or
�	maintain; or
�	��(8)��to the Texas Department of Motor Vehicles
�	[~~Transportation~~] for use by that department in auditing compliance
�	of its licensees with appropriate provisions of applicable law.
�	��SECTION�3K.06.��Subdivision (11), Subsection (a), Section
�	23.124, Tax Code, is amended to read as follows:
�	��(11)��"Sales price" means the total amount of money
�	paid or to be paid for the purchase of:
�	��(A)��a vessel, other than a trailer that is
�	treated as a vessel, as set forth as "sales price" in the form
�	entitled "Application for Texas Certificate of Number/Title for
�	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
�	and Wildlife Department;
�	��(B)��an outboard motor as set forth as "sales
�	price" in the form entitled "Application for Texas Certificate of
�	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
�	promulgated by the Parks and Wildlife Department; or
�	��(C)��a trailer that is treated as a vessel as set
�	forth as "sales price" in the form entitled "Application for Texas
�	Certificate of Title" promulgated by the Texas Department of Motor
�	Vehicles [~~Transportation~~].
�	��In a transaction involving a vessel, an outboard motor,
�	or a trailer that is treated as a vessel that does not involve the
�	use of one of these forms, the term means an amount of money that is
�	equivalent, or substantially equivalent, to the amount that would
�	appear as "sales price" on the Application for Texas Certificate of
�	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
�	Application for Texas Certificate of Title for an Outboard
�	Motor/Seller, Donor or Trader's Affidavit, or the Application for
�	Texas Certificate of Title if one of these forms were involved.
�	��SECTION�3K.07.��Section 113.011, Tax Code, is amended to
�	read as follows:
�	��Sec.�113.011.��LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
�	VEHICLES [~~TRANSPORTATION~~]. �The comptroller shall furnish to the
�	Texas Department of Motor Vehicles [~~Transportation~~] each release of
�	a tax lien filed by the comptroller with that department.
�	��SECTION�3K.08.��Subsections (a) and (f), Section 152.0412,
�	Tax Code, are amended to read as follows:
�	��(a)��In this section, "standard presumptive value" means the
�	private-party transaction value of a motor vehicle, as determined
�	by the Texas Department of Motor Vehicles [~~Transportation~~] based on
�	an appropriate regional guidebook of a nationally recognized motor
�	vehicle value guide service, or based on another motor vehicle
�	guide publication that the department determines is appropriate if
�	a private-party transaction value for the motor vehicle is not
�	available from a regional guidebook described by this subsection.
�	��(f)��The Texas Department of Motor Vehicles [~~Transportation~~]
�	shall maintain information on the standard presumptive values of
�	motor vehicles as part of the department's registration and title
�	system. �The department shall update the information at least
�	quarterly each calendar year and publish, electronically or
�	otherwise, the updated information.
�	��SECTION�3K.09.��Section 152.042, Tax Code, is amended to
�	read as follows:
�	��Sec.�152.042.��COLLECTION OF TAX ON METAL DEALER PLATES. �A
�	person required to pay the tax imposed by Section 152.027 shall pay
�	the tax to the Texas Department of Motor Vehicles [~~Transportation~~],
�	and the department may not issue the metal dealer's plates until the
�	tax is paid.
�	��SECTION�3K.10.��Subsection (b), Section 152.121, Tax Code,
�	is amended to read as follows:
�	��(b)��Taxes on metal dealer plates collected by the Texas
�	Department of Motor Vehicles [~~Transportation~~] shall be deposited by
�	the department in the state treasury in the same manner as are other
�	taxes collected under this chapter.
�	��SECTION�3K.11.��Subdivision (52), Section 162.001, Tax Code,
�	is amended to read as follows:
�	��(52)��"Registered gross weight" means the total weight
�	of the vehicle and carrying capacity shown on the registration
�	certificate issued by the Texas Department of Motor Vehicles
�	[~~Transportation~~].
�	ARTICLE 4.�USED AUTOMOTIVE PARTS RECYCLERS
�	��SECTION�4.01.��Subdivision (6), Section 2302.001,
�	Occupations Code, is amended to read as follows:
�	��(6)��"Salvage vehicle agent" means a person who
�	acquires, sells, or otherwise deals in nonrepairable or salvage
�	motor vehicles [~~or used parts~~] in this state as directed by the
�	salvage vehicle dealer under whose license the person operates.
�	The term does not include a person who:
�	��(A)��is a licensed salvage vehicle dealer or a
�	licensed used automotive parts recycler;
�	��(B)��is a partner, owner, or officer of a business
�	entity that holds a salvage vehicle dealer license or a used
�	automotive parts recycler license;
�	��(C)��is an employee of a licensed salvage vehicle
�	dealer or a licensed used automotive parts recycler; or
�	��(D)��only transports salvage motor vehicles for a
�	licensed salvage vehicle dealer or a licensed used automotive parts
�	recycler.
�	��SECTION�4.02.��Subsection (b), Section 2302.006,
�	Occupations Code, is amended to read as follows:
�	��(b)��This chapter applies to a transaction in which a motor
�	vehicle:
�	��(1)��is sold, transferred, released, or delivered to a
�	metal recycler for the purpose of reuse or resale as a motor vehicle
�	[~~or as a source of used parts~~]; and
�	��(2)��is used for that purpose.
�	��SECTION�4.03.��Subchapter A, Chapter 2302, Occupations Code,
�	is amended by adding Section 2302.008 to read as follows:
�	��Sec.�2302.008.��APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE
�	PARTS RECYCLERS. This chapter does not apply to a used automotive
�	parts recycler licensed under Chapter 2309.
�	��SECTION�4.04.��Subsection (b), Section 2302.103,
�	Occupations Code, is amended to read as follows:
�	��(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)��[~~used vehicle parts dealer;~~
�	��[~~(4)~~]��salvage pool operator;
�	��(4)�[~~(5)~~]��salvage vehicle broker; or
�	��(5)�[~~(6)~~]��salvage vehicle rebuilder.
�	��SECTION�4.05.��Subsection (d), Section 2302.107,
�	Occupations Code, is amended to read as follows:
�	��(d)��A salvage vehicle agent may acquire, sell, or otherwise
�	deal in, nonrepairable or salvage motor vehicles [~~or used parts~~] as
�	directed by the authorizing dealer.
�	��SECTION�4.06.��Section 2302.202, Occupations Code, is
�	amended to read as follows:
�	��Sec.�2302.202.��RECORDS OF PURCHASES. A salvage vehicle
�	dealer shall maintain a record of each salvage motor vehicle [~~and~~
�	~~each used part~~] purchased or sold by the dealer.
�	��SECTION�4.07.��Subtitle A, Title 14, Occupations Code, is
�	amended by adding Chapter 2309 to read as follows:
�	CHAPTER 2309. �USED AUTOMOTIVE PARTS RECYCLERS
�	SUBCHAPTER A. GENERAL PROVISIONS
�	��Sec.�2309.001.��SHORT TITLE. This chapter may be cited as
�	the Texas Used Automotive Parts Recycling Act.
�	��Sec.�2309.002.��DEFINITIONS. In this chapter:
�	��(1)��"Insurance company," "metal recycler," "motor
�	vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle
�	title," "salvage motor vehicle," "salvage vehicle title," and
�	"salvage vehicle dealer" have the meanings assigned by Section
�	501.091, Transportation Code.
�	��(2)��"Commission" means the Texas Commission of
�	Licensing and Regulation.
�	��(3)��"Department" means the Texas Department of
�	Licensing and Regulation.
�	��(4)��"Executive director"�means the executive director
�	of the department.
�	��(5)��"Used automotive part" has the meaning assigned to
�	"used part" by Section 501.091, Transportation Code.
�	��(6)��"Used automotive parts recycler" means a person
�	licensed under this chapter to operate a used automotive parts
�	recycling business.
�	��(7)��"Used automotive parts recycling" means the
�	dismantling and reuse or resale of used automotive parts and the
�	safe disposal of salvage motor vehicles or nonrepairable motor
�	vehicles, including the resale of those vehicles.
�	��Sec.�2309.003.��APPLICABILITY OF CHAPTER TO METAL RECYCLERS.
�	(a)��Except as provided by Subsection (b), this chapter does not
�	apply to a transaction to which a metal recycler is a party.
�	��(b)��This chapter applies to a transaction in which a motor
�	vehicle:
�	��(1)��is sold, transferred, released, or delivered to a
�	metal recycler as a source of used automotive parts; and
�	��(2)��is used as a source of used automotive parts.
�	��Sec.�2309.004.��APPLICABILITY OF CHAPTER TO SALVAGE VEHICLE
�	DEALERS. (a)��Except as provided by Subsection (b), this chapter
�	does not apply to a transaction in which a salvage vehicle dealer is
�	a party.
�	��(b)��This chapter applies to a salvage vehicle dealer who
�	deals in used automotive parts as more than an incidental part of
�	the salvage vehicle dealer's primary business.
�	��Sec.�2309.005.��APPLICABILITY OF CHAPTER TO INSURANCE
�	COMPANIES. This chapter does not apply to an insurance company.
�	[Sections 2309.006-2309.050 reserved for expansion]
�	SUBCHAPTER B. ADVISORY BOARD
�	��Sec.�2309.051.��USED AUTOMOTIVE PARTS RECYCLING ADVISORY
�	BOARD. �(a)��The advisory board consists of five members
�	representing the used automotive parts industry in this state
�	appointed by the presiding officer of the commission with the
�	approval of the commission.
�	��(b)��The advisory board shall include members who represent
�	used automotive parts businesses owned by domestic entities, as
�	defined by Section 1.002, Business Organizations Code.
�	��(c)��The advisory board shall include one member who
�	represents a used automotive parts business owned by a foreign
�	entity, as defined by Section 1.002, Business Organizations Code.
�	��(d)��The advisory board may not include more than one member
�	from any one used automotive parts business entity.
�	��(e)��Appointments to the advisory board shall be made without
�	regard to the race, color, disability, sex, religion, age, or
�	national origin of the appointee.
�	��Sec.�2309.052.��TERMS; VACANCIES. (a)��Advisory board
�	members serve terms of six years, with the terms of one or two
�	members expiring on February 1 of each odd-numbered year.
�	��(b)��A member may not serve more than two full consecutive
�	terms.
�	��(c)��If a vacancy occurs during a term, the presiding officer
�	of the commission shall appoint a replacement who meets the
�	qualifications of the vacated position to serve for the remainder
�	of the term.
�	��Sec.�2309.053.��PRESIDING OFFICER. The presiding officer of
�	the commission shall appoint one of the advisory board members to
�	serve as presiding officer of the advisory board for a term of one
�	year. The presiding officer of the advisory board may vote on any
�	matter before the advisory board.
�	��Sec.�2309.054.��POWERS AND DUTIES OF ADVISORY BOARD. The
�	advisory board shall provide advice and recommendations to the
�	department on technical matters relevant to the administration and
�	enforcement of this chapter, including licensing standards.
�	��Sec.�2309.055.��COMPENSATION; REIMBURSEMENT OF EXPENSES.
�	Advisory board members may not receive compensation but are
�	entitled to reimbursement for actual and necessary expenses
�	incurred in performing the functions of the advisory board, subject
�	to the General Appropriations Act.
�	��Sec.�2309.056.��MEETINGS. The advisory board shall meet
�	twice annually and may meet at other times at the call of the
�	presiding officer of the commission or the executive director.
�	[Sections 2309.057-2309.100 reserved for expansion]
�	SUBCHAPTER C. �POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
�	��Sec.�2309.101.��GENERAL POWERS AND DUTIES. The executive
�	director or commission, as appropriate, may take action as
�	necessary to administer and enforce this chapter.
�	��Sec.�2309.102.��RULES. �(a)��The commission shall adopt
�	rules for licensing used automotive parts recyclers and used
�	automotive parts employees.
�	��(b)��The commission by rule shall adopt standards of conduct
�	for license holders under this chapter.
�	��Sec.�2309.103.��RULES REGARDING LICENSING AND STANDARDS OF
�	CONDUCT. (a) The commission shall adopt rules for licensing
�	applicants, including rules for denial of an application if the
�	applicant, a partner, principal, officer, or general manager of the
�	applicant, or another license or permit holder with a connection to
�	the applicant, has:
�	��(1)��before the application date, been convicted of,
�	pleaded guilty or nolo contendere to, or been placed on deferred
�	adjudication for:
�	��(A)��a felony; or
�	��(B)��a misdemeanor punishable by confinement in
�	jail or by a fine exceeding $500;
�	��(2)��violated an order of the commission or executive
�	director, including an order for sanctions or administrative
�	penalties; or
�	��(3)��knowingly submitted false information on the
�	application.
�	��(b)��The commission by rule shall adopt standards of conduct
�	for license holders under this chapter.
�	��Sec.�2309.104.��FEES. �The commission shall establish and
�	collect reasonable and necessary fees in amounts sufficient to
�	cover the costs of administering this chapter.
�	��Sec.�2309.105.��RULES RESTRICTING ADVERTISING OR
�	COMPETITIVE BIDDING. (a)��The commission may not adopt a rule
�	restricting advertising or competitive bidding by a person who
�	holds a license issued under this chapter except to prohibit false,
�	misleading, or deceptive practices by the person.
�	��(b)��The commission may not include in its rules to prohibit
�	false, misleading, or deceptive practices a rule that:
�	��(1)��restricts the use of any advertising medium;
�	��(2)��restricts the person's personal appearance or use
�	of the person's voice in an advertisement;
�	��(3)��relates to the size or duration of an
�	advertisement by the person; or
�	��(4)��restricts the use of a trade name in advertising by
�	the person.
�	��Sec.�2309.106.��PERIODIC AND RISK-BASED INSPECTIONS.
�	(a)��The department shall inspect each used automotive parts
�	recycling facility at least once every two years.
�	��(b)��The department may enter and inspect at any time during
�	business hours:
�	��(1)��the place of business of any person regulated
�	under this chapter; or
�	��(2)��any place in which the department has reasonable
�	cause to believe that a license holder is in violation of this
�	chapter or in violation of a rule or order of the commission or
�	executive director.
�	��(c)��The department shall conduct additional inspections
�	based on a schedule of risk-based inspections using the following
�	criteria:
�	��(1)��the inspection history;
�	��(2)��any history of complaints involving a used
�	automotive parts recycler; and
�	��(3)��any other factor determined by the commission by
�	rule.
�	��(d)��A used automotive parts recycler shall pay a fee for
�	each risk-based inspection performed under this section. The
�	commission by rule shall set the amount of the fee.
�	��(e)��In conducting an inspection under this section, the
�	department may inspect a facility, a used automotive part, a
�	business record, or any other place or thing reasonably required to
�	enforce this chapter or a rule or order adopted under this chapter.
�	��Sec.�2309.107.��PERSONNEL. The department may employ
�	personnel necessary to administer and enforce this chapter.
�	[Sections 2309.108-2309.150 reserved for expansion]
�	SUBCHAPTER D. LICENSE REQUIREMENTS
�	��Sec.�2309.151.��USED AUTOMOTIVE PARTS RECYCLER LICENSE
�	REQUIRED. (a)��Unless the person holds a used automotive parts
�	recycler license issued under this chapter, a person may not own or
�	operate a used automotive parts recycling business or sell used
�	automotive parts.
�	��(b)��A used automotive parts recycler license:
�	��(1)��is valid only with respect to the person who
�	applied for the license; and
�	��(2)��authorizes the license holder to operate a used
�	automotive parts recycling business only at the one facility listed
�	on the license.
�	��Sec.�2309.152.��GENERAL LICENSE APPLICATION REQUIREMENTS.
�	An applicant for a used automotive parts recycler license under
�	this chapter must submit to the department:
�	��(1)��a completed application on a form prescribed by
�	the executive director;
�	��(2)��the required fees; and
�	��(3)��any other information required by commission rule.
�	��Sec.�2309.153.��LICENSE REQUIREMENTS. �An applicant for a
�	used automotive parts recycler license under this chapter must
�	provide in a manner prescribed by the executive director:
�	��(1)��a federal tax identification number;
�	��(2)��proof of general liability insurance in an amount
�	not less than $250,000; and
�	��(3)��proof of a storm water permit if the applicant is
�	required by the Texas Commission on Environmental Quality to obtain
�	a permit.
�	��Sec.�2309.154.��USED AUTOMOTIVE PARTS EMPLOYEE LICENSE
�	REQUIRED. �(a)��A person employed by a used automotive parts
�	recycler may not in the scope of the person's employment acquire a
�	vehicle or used automotive parts and may not sell used automotive
�	parts unless the person holds a used automotive parts employee
�	license issued under this chapter.
�	��(b)��The commission by rule shall adopt requirements for the
�	application for and issuance of a used automotive parts employee
�	license under this chapter.
�	��Sec.�2309.155.��NONTRANSFERABILITY OF LICENSE. A license
�	issued by the executive director is valid throughout this state and
�	is not transferable.
�	��Sec.�2309.156.��LICENSE RENEWAL. (a) �A license issued under
�	this chapter is valid for one year. The department may adopt a
�	system under which licenses expire at different times during the
�	year.
�	��(b)��The department shall notify the license holder at least
�	30 days before the date a license expires. The notice must be in
�	writing and sent to the license holder's last known address
�	according to the records of the department.
�	��(c)��The commission by rule shall adopt requirements to renew
�	a license issued under this chapter.
�	[Sections 2309.157-2309.200 reserved for expansion]
�	SUBCHAPTER E. �LOCAL REGULATION
�	��Sec.�2309.201.��APPLICABILITY OF CERTAIN MUNICIPAL
�	ORDINANCES, LICENSES, AND PERMITS. (a) �The requirements of this
�	chapter apply in addition to the requirements of any applicable
�	municipal ordinance relating to the regulation of a person who
�	deals in used automotive parts.
�	��(b)��This chapter does not prohibit the enforcement of an
�	applicable municipal license or permit requirement that is related
�	to an activity regulated under this chapter.
�	[Sections 2309.202-2309.250 reserved for expansion]
�	SUBCHAPTER F. �ENFORCEMENT
�	��Sec.�2309.251.��ADMINISTRATIVE PENALTY. (a) �The commission
�	may impose an administrative penalty on a person under Subchapter
�	F, Chapter 51, regardless of whether the person holds a license
�	under this chapter, if the person violates:
�	��(1)��this chapter or a rule adopted under this chapter;
�	or
�	��(2)��a rule or order of the executive director or
�	commission.
�	��(b)��An administrative penalty may not be imposed unless the
�	person charged with a violation is provided the opportunity for a
�	hearing.
�	��Sec.�2309.252.��CEASE AND DESIST ORDER; INJUNCTION; CIVIL
�	PENALTY. (a)��The executive director may issue a cease and desist
�	order as necessary to enforce this chapter if the executive
�	director determines that the action is necessary to prevent a
�	violation of this chapter and to protect public health and safety.
�	��(b)��The attorney general or executive director may
�	institute an action for an injunction or a civil penalty under this
�	chapter as provided by Section 51.352.
�	��Sec.�2309.253.��SANCTIONS. The department may impose
�	sanctions as provided by Section 51.353.
�	��Sec.�2309.254.��CRIMINAL PENALTY; LICENSING. (a)��A person
�	commits an offense if the person:
�	��(1)��violates the licensing requirements of this
�	chapter;
�	��(2)��deals in used parts without a license required by
�	this chapter; or
�	��(3)��employs an individual who does not hold the
�	appropriate license required by this chapter.
�	��(b)��An offense under this section is a Class C misdemeanor.
�	[Sections 2309.255-2309.300 reserved for expansion]
�	SUBCHAPTER G. �CONDUCTING BUSINESS
�	��Sec.�2309.301.��DUTIES ON ACQUISITION OF SALVAGE MOTOR
�	VEHICLE. (a) �A used automotive parts recycler who acquires
�	ownership of a salvage motor vehicle shall obtain a properly
�	assigned title from the previous owner of the vehicle.
�	��(b)��A used automotive parts recycler who acquires ownership
�	of a motor vehicle, nonrepairable motor vehicle, or salvage motor
�	vehicle for the purpose of dismantling, scrapping, or destroying
�	the motor vehicle, shall, before the 31st day after the date of
�	acquiring the motor vehicle, submit to the Texas Department of
�	Transportation a properly assigned manufacturer's certificate of
�	origin, regular certificate of title, nonrepairable vehicle title,
�	salvage vehicle title, other ownership document, or comparable
�	out-of-state ownership document for the motor vehicle.
�	��(c)��After receiving the title or document, the Texas
�	Department of Transportation shall issue the used automotive parts
�	recycler a receipt for the manufacturer's certificate of origin,
�	regular certificate of title, nonrepairable vehicle title, salvage
�	vehicle title, other ownership document, or comparable
�	out-of-state ownership document.
�	��(d)��The recycler shall comply with Subchapter E, Chapter
�	501, Transportation Code.
�	��Sec.�2309.302.��RECORDS OF PURCHASES. A used automotive
�	parts recycler shall maintain a record of or sales receipt for each
�	motor vehicle, salvage motor vehicle, nonrepairable motor vehicle,
�	and used automotive part purchased.
�	��Sec.�2309.303.��REGISTRATION OF NEW BUSINESS LOCATION.
�	Before moving a place of business, a used automotive parts recycler
�	must notify the department of the new location. �The used automotive
�	parts recycler shall provide a storm water permit for the location
�	if a permit is required by the Texas Commission on Environmental
�	Quality.
�	[Sections 2309.304-2309.350 reserved for expansion]
�	SUBCHAPTER H. �ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER
�	IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
�	��Sec.�2309.351.��DEFINITIONS. In this subchapter:
�	��(1)��"Component part" means a major component part as
�	defined by Section 501.091, Transportation Code, or a minor
�	component part.
�	��(2)��"Interior component part" means a motor vehicle's
�	seat or radio.
�	��(3)��"Minor component part" means an interior component
�	part, a special accessory part, or a motor vehicle part that
�	displays or should display at least one of the following:
�	��(A)��a federal safety certificate;
�	��(B)��a motor number;
�	��(C)��a serial number or a derivative; or
�	��(D)��a manufacturer's permanent vehicle
�	identification number or a derivative.
�	��(4)��"Special accessory part" means a motor vehicle's
�	tire, wheel, tailgate, or removable glass top.
�	��Sec.�2309.352.��REMOVAL OF LICENSE PLATES. Immediately on
�	receipt of a motor vehicle, a used automotive parts recycler shall:
�	��(1)��remove any unexpired license plates from the
�	vehicle; and
�	��(2)��place the license plates in a secure place until
�	destroyed by the used automotive parts recycler.
�	��Sec.�2309.353.��DISMANTLEMENT OR DISPOSITION OF MOTOR
�	VEHICLE. �A used automotive parts recycler may not dismantle or
�	dispose of a motor vehicle unless the recycler first obtains:
�	��(1)��a certificate of authority to dispose of the
�	vehicle, a sales receipt, or a transfer document for the vehicle
�	issued under Chapter 683, Transportation Code; or
�	��(2)��a certificate of title showing that there are no
�	liens on the vehicle or that all recorded liens have been released.
�	��Sec.�2309.354.��RECORD OF PURCHASE; INVENTORY OF PARTS.
�	(a)��A used automotive parts recycler shall keep an accurate and
�	legible record of each used component part purchased by or
�	delivered to the recycler. The record must include:
�	��(1)��the date of purchase or delivery;
�	��(2)��the driver's license number of the seller and a
�	legible photocopy of the seller's driver's license; and
�	��(3)��a description of the part and, if applicable, the
�	make and model of the part.
�	��(b)��As an alternative to the information required by
�	Subsection (a), a used automotive parts recycler may record:
�	��(1)��the name of the person who sold the part or the
�	motor vehicle from which the part was obtained; and
�	��(2)��the Texas certificate of inventory number or the
�	federal taxpayer identification number of the person.
�	��(c)��The department shall prescribe the form of the record
�	required by Subsection (a) and shall make the form available to used
�	automotive parts recyclers.
�	��(d)��This section does not apply to:
�	��(1)��an interior component part or special accessory
�	part from a motor vehicle more than 10 years old; or
�	��(2)��a part delivered to a used automotive parts
�	recycler by a commercial freight line, commercial carrier, or
�	licensed used automotive parts recycler.
�	��Sec.�2309.355.��RETENTION OF COMPONENT PARTS. (a) �A used
�	automotive parts recycler shall retain each component part in its
�	original condition on the business premises of the recycler for at
�	least three calendar days, excluding Sundays, after the date the
�	recycler obtains the part.
�	��(b)��This section does not apply to the purchase by a used
�	automotive parts recycler of a nonoperational engine,
�	transmission, or rear axle assembly from another used automotive
�	parts recycler or an automotive-related business.
�	��Sec.�2309.356.��MAINTENANCE OF RECORDS. A used automotive
�	parts recycler shall maintain copies of each record required under
�	this subchapter until the first anniversary of the purchase date of
�	the item for which the record is maintained.
�	��Sec.�2309.357.��SURRENDER OF CERTAIN DOCUMENTS OR LICENSE
�	PLATES. (a)��A used automotive parts recycler shall surrender to
�	the Texas Department of Transportation for cancellation a
�	certificate of title or authority, sales receipt, or transfer
�	document, as required by the department.
�	��(b)��The Texas Department of Transportation shall provide a
�	signed receipt for a surrendered certificate of title.
�	��Sec.�2309.358.��INSPECTION OF RECORDS. (a) �A peace officer
�	at any reasonable time may inspect a record required to be
�	maintained under this subchapter, including an inventory record.
�	��(b)��On demand by a peace officer, a used automotive parts
�	recycler shall provide to the officer a copy of a record required to
�	be maintained under this subchapter.
�	��(c)��A peace officer may inspect the inventory on the
�	premises of a used automotive parts recycler at any reasonable time
�	to verify, check, or audit the records required to be maintained
�	under this subchapter.
�	��(d)��A used automotive parts recycler or an employee of the
�	recycler shall allow and may not interfere with a peace officer's
�	inspection of the recycler's inventory, premises, or required
�	inventory records.
�	[Sections 2309.359-2309.400 reserved for expansion]
�	SUBCHAPTER I. �MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
�	��Sec.�2309.401.��APPLICABILITY OF SUBCHAPTER. This
�	subchapter applies only to a used automotive parts facility located
�	in a county with a population of 2.8 million or more.
�	��Sec.�2309.402.��LIMITS ON OPERATION OF HEAVY MACHINERY. (a) �
�	A used automotive parts recycler may not operate heavy machinery in
�	a used automotive parts recycling facility between the hours of 7
�	p.m. of one day and 7 a.m. of the following day.
�	��(b)��This section does not apply to conduct necessary to a
�	sale or purchase by the recycler.
�	��SECTION�4.08.��Section 501.091, Transportation Code, is
�	amended by amending Subdivision (17) and adding Subdivision (20) to
�	read as follows:
�	��(17)��"Salvage vehicle dealer" means a person engaged
�	in this state in the business of acquiring, selling, [~~dismantling,~~]
�	repairing, rebuilding, reconstructing, or otherwise dealing in
�	nonrepairable motor vehicles, salvage motor vehicles, or, if
�	incidental to a salvage motor vehicle dealer's primary business,
�	used automotive parts. The term does not include a person who
�	casually repairs, rebuilds, or reconstructs fewer than five [~~three~~]
�	salvage motor vehicles in the same calendar year or, except as
�	provided by Paragraph (C), a used automotive parts recycler. The
�	term includes a person engaged in the business of:
�	��(A)��a salvage vehicle dealer, regardless of
�	whether the person holds a license issued by the department to
�	engage in that business;
�	��(B)��dealing in nonrepairable motor vehicles or
�	salvage motor vehicles[~~, regardless of whether the person deals in~~
�	~~used parts~~]; or
�	��(C)��a used automotive parts recycler if the sale
�	of repaired, rebuilt, or reconstructed nonrepairable motor
�	vehicles or salvage motor vehicles is more than an incidental part
�	of the used automotive parts recycler's business�[~~dealing in used~~
�	~~parts regardless of whether the person deals in nonrepairable motor~~
�	~~vehicles or salvage motor vehicles~~].
�	��(20)��"Used parts dealer" and "used automotive parts
�	recycler" have the meaning assigned to "used automotive parts
�	recycler" by Section 2309.002, Occupations Code.
�	��SECTION�4.09.��Subsection (d), Section 501.092,
�	Transportation Code, is amended to read as follows:
�	��(d)��An insurance company may sell a motor vehicle to which
�	this section applies, or assign a salvage vehicle title or a
�	nonrepairable vehicle title for the motor vehicle, only to a
�	salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
�	sale at auction, [or] a metal recycler, or a used automotive parts
�	recycler. If the motor vehicle is not a salvage motor vehicle or a
�	nonrepairable motor vehicle, the insurance company is not required
�	to surrender the regular certificate of title for the vehicle or to
�	be issued a salvage vehicle title or a nonrepairable vehicle title
�	for the motor vehicle.
�	��SECTION�4.10.��Subsections (a) and (b), Section 501.095,
�	Transportation Code, are amended to read as follows:
�	��(a)��If the department has not issued a nonrepairable vehicle
�	title or salvage vehicle title for the motor vehicle and an
�	out-of-state ownership document for the motor vehicle has not been
�	issued by another state or jurisdiction, a business or governmental
�	entity described by Subdivisions (1)-(3) may sell, transfer, or
�	release a nonrepairable motor vehicle or salvage motor vehicle only
�	to a person who is:
�	��(1)��a licensed salvage vehicle dealer, a used
�	automotive parts recycler under Chapter 2309, Occupations Code, or
�	a metal recycler under Chapter 2302, Occupations Code;
�	��(2)��an insurance company that has paid a claim on the
�	nonrepairable or salvage motor vehicle;
�	��(3)��a governmental entity; or
�	��(4)��an out-of-state buyer.
�	��(b)��A person, other than a salvage vehicle dealer, a used
�	automotive parts recycler, or an insurance company licensed to do
�	business in this state, who acquired ownership of a nonrepairable
�	or salvage motor vehicle that has not been issued a nonrepairable
�	vehicle title, salvage vehicle title, or a comparable ownership
�	document issued by another state or jurisdiction shall, before
�	selling the motor vehicle, surrender the properly assigned
�	certificate of title for the motor vehicle to the department and
�	apply to the department for:
�	��(1)��a nonrepairable vehicle title if the vehicle is a
�	nonrepairable motor vehicle; or
�	��(2)��a salvage vehicle title if the vehicle is a salvage
�	motor vehicle.
�	��SECTION�4.11.��Section 501.105, Transportation Code, is
�	amended to read as follows:
�	��Sec.�501.105.��RETENTION OF RECORDS RELATING TO CERTAIN
�	CASUAL SALES. Each licensed salvage vehicle dealer, used
�	automotive parts recycler, or insurance company that sells a
�	nonrepairable motor vehicle or a salvage motor vehicle at a casual
�	sale shall keep on the business premises of the dealer or the
�	insurance company a list of all casual sales made during the
�	preceding 36-month period that contains:
�	��(1)��the date of the sale;
�	��(2)��the name of the purchaser;
�	��(3)��the name of the jurisdiction that issued the
�	identification document provided by the purchaser, as shown on the
�	document; and
�	��(4)��the vehicle identification number.
�	��SECTION�4.12.��Section 2302.253, Occupations Code, is
�	repealed.
�	��SECTION�4.13.��Not later than January 1, 2010, the Texas
�	Commission of Licensing and Regulation shall adopt rules under
�	Section 2309.102, Occupations Code, as added by this Act.
�	��SECTION�4.14.��If there is a conflict between a provision of
�	this Act and a provision of another Act of the 81st Legislature,
�	Regular Session, 2009, that becomes law concerning the licensing or
�	regulation of used automotive parts recyclers, this Act prevails
�	regardless of the relative dates of enactment.
�	��SECTION�4.15.��Sections 2309.151 and 2309.154, Occupations
�	Code, as added by this article, and Subchapter F, Chapter 2309,
�	Occupations Code, as added by this article, take effect September
�	1, 2010.
�	ARTICLE 5. MANUFACTURER OR DISTRIBUTOR OWNERSHIP, OPERATION, OR
�	CONTROL OF DEALERSHIP
�	��SECTION�5.01.��Section 2301.476, Occupations Code, is
�	amended by adding Subsection (h-1) to read as follows:
�	��(h-1)��A person who on January 18, 2002, held both a
�	converter's license to convert buses with a gross vehicle weight
�	rating of 40,000 pounds or more and a franchised dealer's license to
�	sell buses issued under this chapter may:
�	��(1)��regain and hold both licenses; and
�	��(2)��operate as both a converter and franchised dealer
�	of bus conversions with a gross vehicle weight rating of 40,000
�	pounds or more but of no other type of vehicle.
�	ARTICLE 6. �TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
�	RIGHTS OF ACTION
�	��SECTION�6.01.��(a) �All powers, duties, obligations, and
�	rights of action of the Motor Vehicle Division and the Vehicle
�	Titles and Registration Division of the Texas Department of
�	Transportation are transferred to the Texas Department of Motor
�	Vehicles and all powers, duties, obligations, and rights of action
�	of the Texas Transportation Commission in connection or associated
�	with those divisions of the Texas Department of Transportation are
�	transferred to the board of the Texas Department of Motor Vehicles
�	on November 1, 2009.
�	��(b)��The powers, duties, obligations, and rights of action of
�	the portion of the Motor Carrier Division of the Texas Department of
�	Transportation that is responsible for motor carrier registration
�	and the enforcement of Subtitle F, Title 7, Transportation Code,
�	are transferred to the Texas Department of Motor Vehicles and the
�	associated powers, duties, obligations, and rights of action of the
�	Texas Transportation Commission are transferred to the board of the
�	Texas Department of Motor Vehicles on November 1, 2009.
�	��(c)��In connection with the transfers required by
�	Subsections (a) and (b) of this section, the personnel, furniture,
�	computers, other property and equipment, files, and related
�	materials used by the Motor Vehicle Division, the Vehicle Titles
�	and Registration Division, or the portion of the Motor Carrier
�	Division of the Texas Department of Transportation described in
�	Subsection (b) of this section are transferred to the Texas
�	Department of Motor Vehicles.
�	��(d)��The Texas Department of Motor Vehicles shall continue
�	any proceeding involving the Motor Vehicle Division, the Vehicle
�	Titles and Registration Division, or the portion of the Motor
�	Carrier Division of the Texas Department of Transportation
�	described in Subsection (b) of this section that was brought before
�	the effective date of this Act in accordance with the law in effect
�	on the date the proceeding was brought, and the former law is
�	continued in effect for that purpose.
�	��(e)��A certificate, license, document, permit, registration,
�	or other authorization issued by the Motor Vehicle Division or the
�	Vehicle Titles and Registration Division of the Texas Department of
�	Transportation or a registration issued by the Motor Carrier
�	Division of the Texas Department of Transportation that is in
�	effect on the effective date of this Act remains valid for the
�	period for which it was issued unless suspended or revoked by the
�	Texas Department of Motor Vehicles.
�	��(f)��A rule adopted by the Texas Transportation Commission or
�	the executive director of the Texas Department of Transportation in
�	connection with or relating to the Motor Vehicle Division, the
�	Vehicle Titles and Registration Division, or the portion of the
�	Motor Carrier Division of the Texas Department of Transportation
�	described in Subsection (b) of this section continues in effect
�	until it is amended or repealed by the board of the Texas Department
�	of Motor Vehicles or the Texas Department of Motor Vehicles, as
�	applicable.
�	��(g)��The unobligated and unexpended balance of any
�	appropriations made to the Texas Department of Transportation in
�	connection with or relating to the Motor Vehicle Division, the
�	Vehicle Titles and Registration Division, or the portion of the
�	Motor Carrier Division of the Texas Department of Transportation
�	described in Subsection (b) of this section for the state fiscal
�	biennium ending August 31, 2009, is transferred and reappropriated
�	to the Texas Department of Motor Vehicles for the purpose of
�	implementing the powers, duties, obligations, and rights of action
�	transferred to that department under Subsections (a) and (b) of
�	this section.
�	��(h)��The Texas Department of Transportation shall continue,
�	as necessary, to perform the duties and functions being transferred
�	to the Texas Department of Motor Vehicles until the transfer of
�	agency duties and functions is complete.
�	��SECTION�6.02.��(a) �In connection with the establishment by
�	this Act of the Automobile Burglary and Theft Prevention Authority
�	in the Texas Department of Motor Vehicles and with the transfer by
�	this Act of the duty to provide personnel and services to the
�	Automobile Burglary and Theft Prevention Authority from the Texas
�	Department of Transportation to the Texas Department of Motor
�	Vehicles, the personnel, furniture, computers, other property and
�	equipment, files, and related materials used by the Automobile
�	Burglary and Theft Prevention Authority are transferred to the
�	Texas Department of Motor Vehicles.
�	��(b)��The unobligated and unexpended balance of any
�	appropriations made to the Texas Department of Transportation in
�	connection with or relating to the Automobile Burglary and Theft
�	Prevention Authority for the state fiscal biennium ending August
�	31, 2009, is transferred and reappropriated to the Texas Department
�	of Motor Vehicles for the purpose of allowing the authority to
�	continue to exercise its powers, duties, and obligations under the
�	auspices of that department.
�	��SECTION�6.03.��(a) �In addition to the positions of the Texas
�	Department of Transportation assigned to the Vehicle Titles and
�	Registration Division, Motor Vehicle Division, Motor Carrier
�	Division, and Automobile Burglary and Theft Prevention Authority
�	Division that are transferred to the Texas Department of Motor
�	Vehicles, it is estimated that 75 other full-time equivalent
�	employee positions of the Texas Department of Transportation
�	primarily support the transferred divisions and, subject to this
�	section, those positions are also transferred to the Texas
�	Department of Motor Vehicles. The number of positions transferred
�	under this subsection may be modified by agreement of the two
�	agencies in a memorandum of understanding.
�	��(b)��If in another Act of the 81st Legislature, Regular
�	Session, 2009, the legislature establishes a maximum number of
�	full-time equivalent employee positions for the Texas Department of
�	Motor Vehicles, the number of positions transferred under
�	Subsection (a) of this section may not result in a number of
�	full-time equivalent employee positions of that department that
�	exceeds the maximum.
�	��(c)��When filling a position described by Subsection (a) of
�	this section, the Texas Department of Motor Vehicles shall give
�	first consideration to an applicant who, as of September 1, 2009,
�	was a full-time employee of the Texas Department of Transportation
�	and primarily supported one or more of the transferred divisions.
�	ARTICLE 7. �APPOINTMENT OF BOARD
�	��SECTION�7.01.��Not later than October 1, 2009, the governor
�	shall appoint the members of the board of the Texas Department of
�	Motor Vehicles in accordance with Subchapter B, Chapter 1001,
�	Transportation Code, as added by this Act.
�	ARTICLE 8. MEMORANDUM OF UNDERSTANDING
�	��SECTION�8.01.��(a) �The board of the Texas Department of
�	Motor Vehicles and the Texas Transportation Commission shall enter
�	into or revise a joint memorandum of understanding to coordinate
�	the Texas Department of Motor Vehicles' and the Texas Department of
�	Transportation's information systems to allow for the sharing of
�	information so that each department may effectively and efficiently
�	perform the functions and duties assigned to it. �Neither the Texas
�	Department of Motor Vehicles nor the Texas Department of
�	Transportation may impose or collect a fee or charge in connection
�	with the sharing of information under a joint memorandum of
�	understanding entered into or revised under this section.
�	��(b)��The Texas Department of Motor Vehicles and the Texas
�	Department of Transportation shall implement the joint memorandum
�	of understanding using existing personnel and resources.
�	��(c)��Otherwise confidential information shared under the
�	memorandum of understanding remains subject to the same
�	confidentiality requirements and legal restrictions on access to
�	the information that are imposed by law on the department that
�	originally obtained or collected the information.
�	��(d)��Information may be shared under the memorandum of
�	understanding without the consent of the person who is the subject
�	of the information.
�	��(e)��The memorandum of understanding required by Subsection
�	(a) of this section must be entered into or revised at the first
�	official meeting of the board members of the Texas Department of
�	Motor Vehicles.
�	��SECTION�8.02.��(a) �In addition to the memorandum of
�	understanding required by Section 8.01 of this article, the board
�	of the Texas Department of Motor Vehicles and the Texas
�	Transportation Commission may enter into or revise one or more
�	other joint memoranda of understanding necessary to effectuate the
�	transfer of the powers and duties of the Texas Department of
�	Transportation to the Texas Department of Motor Vehicles under this
�	Act. A memorandum of understanding may include an agreement for the
�	provision of office space, utilities, and other facility services;
�	the need for full-time equivalent positions of the Texas Department
�	of Transportation to provide support services in addition to the
�	positions transferred to the Texas Department of Motor Vehicles
�	under Section 6.01 of this Act; support services; and the transfer
�	of information technology as necessary or appropriate to effectuate
�	the transfer of the powers and duties of the Texas Department of
�	Transportation to the Texas Department of Motor Vehicles.
�	��(b)��Subsections (b), (c), and (d) of Section 8.01 of this
�	article apply to a memorandum of understanding entered into or
�	revised under Subsection (a) of this section.
�	ARTICLE 9. �DEPARTMENT OF MOTOR VEHICLES TRANSITION TEAM
�	��SECTION�9.01.��(a) �The Texas Department of Transportation
�	shall establish a Department of Motor Vehicles Transition Team to
�	plan for and make recommendations regarding the transfer of
�	obligations, property, full-time equivalent positions, rights,
�	powers, and duties from the Texas Department of Transportation to
�	the Texas Department of Motor Vehicles. �The transition team must
�	include the division directors from the Motor Vehicle Division, the
�	Vehicle Titles and Registration Division, and the Motor Carrier
�	Division and the Assistant Executive Director for Support
�	Operations.
�	��(b)��Not later than October 1, 2009, the transition team
�	shall report on and make recommendations to the board of the Texas
�	Department of Motor Vehicles, the governor, the lieutenant
�	governor, the speaker of the house of representatives, and the
�	presiding officers of the senate and house committees with
�	jurisdiction over transportation regarding the transfer of
�	obligations, property, full-time equivalent positions, rights,
�	powers, and duties from the Texas Department of Transportation to
�	the Texas Department of Motor Vehicles.
�	ARTICLE 10. �FINANCIAL AUDIT
�	��SECTION�10.01.��(a) �As soon as practicable after the
�	effective date of this Act, the office of the state auditor shall
�	conduct an initial financial audit to establish financial
�	benchmarks for the Texas Department of Motor Vehicles on its
�	overall status and condition in relation to funds on hand,
�	equipment and other assets, pending matters, and other issues
�	considered appropriate by the office of the state auditor.
�	��(b)��As soon as practicable after the completion of the audit
�	required by Subsection (a) of this section, the results of the audit
�	shall be reported by the office of the state auditor to the board of
�	the Texas Department of Motor Vehicles and to the Texas
�	Transportation Commission. �The office of the state auditor shall
�	also provide a copy of the audit to the board and the commission.
�	ARTICLE 11. EFFECTIVE DATE
�	��SECTION�11.01.��This Act takes effect September 1, 2009.
�
�
�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
�
�
�	��I certify that H.B. No. 3097 was passed by the House on May 6,
�	2009, by the following vote:��Yeas 144, Nays 0, 2 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 3097 on May 23, 2009, by the following vote:��Yeas 135, Nays 7,
�	3 present, not voting.
�
�	______________________________
�	Chief Clerk of the House��
�
�	��I certify that H.B. No. 3097 was passed by the Senate, with
�	amendments, on May 19, 2009, by the following vote:��Yeas 30, Nays
�	0.
�
�	______________________________
�	Secretary of the Senate��
�	APPROVED: __________________
�	��Date��
�	�
�	�� __________________
�	��Governor��