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AN ACT
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relating to the licensing and regulation of used automotive parts |
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recyclers; providing penalties. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subdivision (6), Section 2302.001, Occupations |
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Code, is amended to read as follows: |
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�������������(6)��"Salvage vehicle agent" means a person who |
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acquires, sells, or otherwise deals in nonrepairable or salvage |
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motor vehicles [or used parts] in this state as directed by the |
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salvage vehicle dealer under whose license the person operates. |
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The term does not include a person who: |
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�������������������(A)��is a licensed salvage vehicle dealer or a |
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licensed used automotive parts recycler; |
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�������������������(B)��is a partner, owner, or officer of a business |
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entity that holds a salvage vehicle dealer license or a used |
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automotive parts recycler license; |
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�������������������(C)��is an employee of a licensed salvage vehicle |
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dealer or a licensed used automotive parts recycler; or |
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�������������������(D)��only transports salvage motor vehicles for a |
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licensed salvage vehicle dealer or a licensed used automotive parts |
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recycler. |
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�������SECTION�2.��Subsection (b), Section 2302.006, Occupations |
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Code, is amended to read as follows: |
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�������(b)��This chapter applies to a transaction in which a motor |
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vehicle: |
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�������������(1)��is sold, transferred, released, or delivered to a |
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metal recycler for the purpose of reuse or resale as a motor vehicle |
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[or as a source of used parts]; and |
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�������������(2)��is used for that purpose. |
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�������SECTION�3.��Subchapter A, Chapter 2302, Occupations Code, is |
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amended by adding Section 2302.008 to read as follows: |
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�������Sec.�2302.008.��APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE |
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PARTS RECYCLERS. This chapter does not apply to a used automotive |
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parts recycler licensed under Chapter 2309. |
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�������SECTION�4.��Subsection (b), Section 2302.103, Occupations |
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Code, is amended to read as follows: |
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�������(b)��An applicant may apply for a salvage vehicle dealer |
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license with an endorsement in one or more of the following |
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classifications: |
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�������������(1)��new automobile dealer; |
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�������������(2)��used automobile dealer; |
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�������������(3)��[used vehicle parts dealer;
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�������������[(4)]��salvage pool operator; |
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�������������(4)�[(5)]��salvage vehicle broker; or |
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�������������(5)�[(6)]��salvage vehicle rebuilder. |
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�������SECTION�5.��Subsection (d), Section 2302.107, Occupations |
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Code, is amended to read as follows: |
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�������(d)��A salvage vehicle agent may acquire, sell, or otherwise |
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deal in, nonrepairable or salvage motor vehicles [or used parts] as |
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directed by the authorizing dealer. |
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�������SECTION�6.��Section 2302.202, Occupations Code, is amended |
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to read as follows: |
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�������Sec.�2302.202.��RECORDS OF PURCHASES. A salvage vehicle |
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dealer shall maintain a record of each salvage motor vehicle [and
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each used part] purchased or sold by the dealer. |
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�������SECTION�7.��Subtitle A, Title 14, Occupations Code, is |
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amended by adding Chapter 2309 to read as follows: |
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CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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�������Sec.�2309.001.��SHORT TITLE. This chapter may be cited as |
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the Texas Used Automotive Parts Recycling Act. |
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�������Sec.�2309.002.��DEFINITIONS. In this chapter: |
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�������������(1)��"Insurance company," "metal recycler," "motor |
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vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle |
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title," "salvage motor vehicle," "salvage vehicle title," and |
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"salvage vehicle dealer" have the meanings assigned by Section |
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501.091, Transportation Code. |
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�������������(2)��"Commission" means the Texas Commission of |
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Licensing and Regulation. |
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�������������(3)��"Department" means the Texas Department of |
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Licensing and Regulation. |
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�������������(4)��"Executive director" means the executive director |
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of the department. |
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�������������(5)��"Used automotive part" has the meaning assigned to |
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"used part" by Section 501.091, Transportation Code. |
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�������������(6)��"Used automotive parts recycler" means a person |
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licensed under this chapter to operate a used automotive parts |
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recycling business. |
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�������������(7)��"Used automotive parts recycling" means the |
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dismantling and reuse or resale of used automotive parts and the |
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safe disposal of salvage motor vehicles or nonrepairable motor |
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vehicles, including the resale of those vehicles. |
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�������Sec.�2309.003.��APPLICABILITY OF CHAPTER TO METAL RECYCLERS. |
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(a)��Except as provided by Subsection (b), this chapter does not |
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apply to a transaction to which a metal recycler is a party. |
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�������(b)��This chapter applies to a transaction in which a motor |
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vehicle: |
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�������������(1)��is sold, transferred, released, or delivered to a |
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metal recycler as a source of used automotive parts; and |
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�������������(2)��is used as a source of used automotive parts. |
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�������Sec.�2309.004.��APPLICABILITY OF CHAPTER TO SALVAGE VEHICLE |
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DEALERS. (a)��Except as provided by Subsection (b), this chapter |
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does not apply to a transaction in which a salvage vehicle dealer is |
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a party. |
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�������(b)��This chapter applies to a salvage vehicle dealer who |
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deals in used automotive parts as more than an incidental part of |
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the salvage vehicle dealer's primary business. |
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�������Sec.�2309.005.��APPLICABILITY OF CHAPTER TO INSURANCE |
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COMPANIES. This chapter does not apply to an insurance company. |
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[Sections 2309.006-2309.050 reserved for expansion] |
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SUBCHAPTER B. ADVISORY BOARD |
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�������Sec.�2309.051.��USED AUTOMOTIVE PARTS RECYCLING ADVISORY |
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BOARD. (a)��The advisory board consists of five members |
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representing the used automotive parts industry in this state |
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appointed by the presiding officer of the commission with the |
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approval of the commission. |
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�������(b)��The advisory board shall include members who represent |
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used automotive parts businesses owned by domestic entities, as |
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defined by Section 1.002, Business Organizations Code. |
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�������(c)��The advisory board shall include one member who |
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represents a used automotive parts business owned by a foreign |
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entity, as defined by Section 1.002, Business Organizations Code. |
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�������(d)��The advisory board may not include more than one member |
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from any one used automotive parts business entity. |
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�������(e)��Appointments to the advisory board shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointee. |
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�������Sec.�2309.052.��TERMS; VACANCIES. (a)��Advisory board |
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members serve terms of six years, with the terms of one or two |
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members expiring on February 1 of each odd-numbered year. |
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�������(b)��A member may not serve more than two full consecutive |
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terms. |
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�������(c)��If a vacancy occurs during a term, the presiding officer |
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of the commission shall appoint a replacement who meets the |
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qualifications of the vacated position to serve for the remainder |
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of the term. |
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�������Sec.�2309.053.��PRESIDING OFFICER. The presiding officer of |
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the commission shall appoint one of the advisory board members to |
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serve as presiding officer of the advisory board for a term of one |
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year. The presiding officer of the advisory board may vote on any |
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matter before the advisory board. |
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�������Sec.�2309.054.��POWERS AND DUTIES OF ADVISORY BOARD. The |
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advisory board shall provide advice and recommendations to the |
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department on technical matters relevant to the administration and |
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enforcement of this chapter, including licensing standards. |
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�������Sec.�2309.055.��COMPENSATION; REIMBURSEMENT OF EXPENSES. |
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Advisory board members may not receive compensation but are |
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entitled to reimbursement for actual and necessary expenses |
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incurred in performing the functions of the advisory board, subject |
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to the General Appropriations Act. |
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�������Sec.�2309.056.��MEETINGS. The advisory board shall meet |
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twice annually and may meet at other times at the call of the |
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presiding officer of the commission or the executive director. |
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[Sections 2309.057-2309.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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�������Sec.�2309.101.��GENERAL POWERS AND DUTIES. The executive |
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director or commission, as appropriate, may take action as |
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necessary to administer and enforce this chapter. |
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�������Sec.�2309.102.��RULES. (a)��The commission shall adopt |
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rules for licensing used automotive parts recyclers and used |
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automotive parts employees. |
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�������(b)��The commission by rule shall adopt standards of conduct |
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for license holders under this chapter. |
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�������Sec.�2309.103.��RULES REGARDING LICENSING AND STANDARDS OF |
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CONDUCT. (a)��The commission shall adopt rules for licensing |
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applicants, including rules for denial of an application if the |
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applicant, a partner, principal, officer, or general manager of the |
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applicant, or another license or permit holder with a connection to |
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the applicant, has: |
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�������������(1)��before the application date, been convicted of, |
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pleaded guilty or nolo contendere to, or been placed on deferred |
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adjudication for: |
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�������������������(A)��a felony; or |
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�������������������(B)��a misdemeanor punishable by confinement in |
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jail or by a fine exceeding $500; |
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�������������(2)��violated an order of the commission or executive |
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director, including an order for sanctions or administrative |
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penalties; or |
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�������������(3)��knowingly submitted false information on the |
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application. |
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�������(b)��The commission by rule shall adopt standards of conduct |
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for license holders under this chapter. |
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�������Sec.�2309.104.��FEES. The commission shall establish and |
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collect reasonable and necessary fees in amounts sufficient to |
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cover the costs of administering this chapter. |
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�������Sec.�2309.105.��RULES RESTRICTING ADVERTISING OR |
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COMPETITIVE BIDDING. (a)��The commission may not adopt a rule |
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restricting advertising or competitive bidding by a person who |
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holds a license issued under this chapter except to prohibit false, |
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misleading, or deceptive practices by the person. |
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�������(b)��The commission may not include in its rules to prohibit |
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false, misleading, or deceptive practices a rule that: |
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�������������(1)��restricts the use of any advertising medium; |
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�������������(2)��restricts the person's personal appearance or use |
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of the person's voice in an advertisement; |
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�������������(3)��relates to the size or duration of an |
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advertisement by the person; or |
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�������������(4)��restricts the use of a trade name in advertising by |
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the person. |
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�������Sec.�2309.106.��PERIODIC AND RISK-BASED INSPECTIONS. |
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(a)��The department shall inspect each used automotive parts |
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recycling facility at least once every two years. |
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�������(b)��The department may enter and inspect at any time during |
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business hours: |
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�������������(1)��the place of business of any person regulated |
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under this chapter; or |
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�������������(2)��any place in which the department has reasonable |
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cause to believe that a license holder is in violation of this |
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chapter or in violation of a rule or order of the commission or |
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executive director. |
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�������(c)��The department shall conduct additional inspections |
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based on a schedule of risk-based inspections using the following |
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criteria: |
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�������������(1)��the inspection history; |
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�������������(2)��any history of complaints involving a used |
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automotive parts recycler; and |
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�������������(3)��any other factor determined by the commission by |
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rule. |
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�������(d)��A used automotive parts recycler shall pay a fee for |
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each risk-based inspection performed under this section. The |
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commission by rule shall set the amount of the fee. |
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�������(e)��In conducting an inspection under this section, the |
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department may inspect a facility, a used automotive part, a |
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business record, or any other place or thing reasonably required to |
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enforce this chapter or a rule or order adopted under this chapter. |
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�������Sec.�2309.107.��PERSONNEL. The department may employ |
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personnel necessary to administer and enforce this chapter. |
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[Sections 2309.108-2309.150 reserved for expansion] |
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SUBCHAPTER D. LICENSE REQUIREMENTS |
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�������Sec.�2309.151.��USED AUTOMOTIVE PARTS RECYCLER LICENSE |
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REQUIRED. (a)��Unless the person holds a used automotive parts |
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recycler license issued under this chapter, a person may not own or |
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operate a used automotive parts recycling business or sell used |
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automotive parts. |
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�������(b)��A used automotive parts recycler license: |
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�������������(1)��is valid only with respect to the person who |
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applied for the license; and |
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�������������(2)��authorizes the license holder to operate a used |
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automotive parts recycling business only at the one facility listed |
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on the license. |
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�������Sec.�2309.152.��GENERAL LICENSE APPLICATION REQUIREMENTS. |
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An applicant for a used automotive parts recycler license under |
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this chapter must submit to the department: |
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�������������(1)��a completed application on a form prescribed by |
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the executive director; |
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�������������(2)��the required fees; and |
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�������������(3)��any other information required by commission rule. |
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�������Sec.�2309.153.��LICENSE REQUIREMENTS. An applicant for a |
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used automotive parts recycler license under this chapter must |
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provide in a manner prescribed by the executive director: |
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�������������(1)��a federal tax identification number; |
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�������������(2)��proof of general liability insurance in an amount |
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not less than $250,000; and |
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�������������(3)��proof of a storm water permit if the applicant is |
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required by the Texas Commission on Environmental Quality to obtain |
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a permit. |
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�������Sec.�2309.154.��USED AUTOMOTIVE PARTS EMPLOYEE LICENSE |
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REQUIRED. (a)��A person employed by a used automotive parts |
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recycler may not in the scope of the person's employment acquire a |
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vehicle or used automotive parts and may not sell used automotive |
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parts unless the person holds a used automotive parts employee |
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license issued under this chapter. |
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�������(b)��The commission by rule shall adopt requirements for the |
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application for and issuance of a used automotive parts employee |
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license under this chapter. |
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�������Sec.�2309.155.��NONTRANSFERABILITY OF LICENSE. A license |
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issued by the executive director is valid throughout this state and |
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is not transferable. |
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�������Sec.�2309.156.��LICENSE RENEWAL. (a)��A license issued |
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under this chapter is valid for one year. The department may adopt |
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a system under which licenses expire at different times during the |
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year. |
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�������(b)��The department shall notify the license holder at least |
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30 days before the date a license expires. The notice must be in |
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writing and sent to the license holder's last known address |
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according to the records of the department. |
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�������(c)��The commission by rule shall adopt requirements to renew |
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a license issued under this chapter. |
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[Sections 2309.157-2309.200 reserved for expansion] |
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SUBCHAPTER E. LOCAL REGULATION |
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�������Sec.�2309.201.��APPLICABILITY OF CERTAIN MUNICIPAL |
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ORDINANCES, LICENSES, AND PERMITS. (a)��The requirements of this |
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chapter apply in addition to the requirements of any applicable |
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municipal ordinance relating to the regulation of a person who |
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deals in used automotive parts. |
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�������(b)��This chapter does not prohibit the enforcement of an |
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applicable municipal license or permit requirement that is related |
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to an activity regulated under this chapter. |
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[Sections 2309.202-2309.250 reserved for expansion] |
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SUBCHAPTER F. ENFORCEMENT |
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�������Sec.�2309.251.��ADMINISTRATIVE PENALTY. (a)��The |
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commission may impose an administrative penalty on a person under |
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Subchapter F, Chapter 51, regardless of whether the person holds a |
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license under this chapter, if the person violates: |
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�������������(1)��this chapter or a rule adopted under this chapter; |
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or |
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�������������(2)��a rule or order of the executive director or |
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commission. |
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�������(b)��An administrative penalty may not be imposed unless the |
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person charged with a violation is provided the opportunity for a |
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hearing. |
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�������Sec.�2309.252.��CEASE AND DESIST ORDER; INJUNCTION; CIVIL |
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PENALTY. (a)��The executive director may issue a cease and desist |
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order as necessary to enforce this chapter if the executive |
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director determines that the action is necessary to prevent a |
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violation of this chapter and to protect public health and safety. |
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�������(b)��The attorney general or executive director may |
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institute an action for an injunction or a civil penalty under this |
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chapter as provided by Section 51.352. |
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�������Sec.�2309.253.��SANCTIONS. The department may impose |
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sanctions as provided by Section 51.353. |
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�������Sec.�2309.254.��CRIMINAL PENALTY; LICENSING. (a)��A person |
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commits an offense if the person: |
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�������������(1)��violates the licensing requirements of this |
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chapter; |
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�������������(2)��deals in used parts without a license required by |
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this chapter; or |
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�������������(3)��employs an individual who does not hold the |
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appropriate license required by this chapter. |
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�������(b)��An offense under this section is a Class C misdemeanor. |
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[Sections 2309.255-2309.300 reserved for expansion] |
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SUBCHAPTER G. CONDUCTING BUSINESS |
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�������Sec.�2309.301.��DUTIES ON ACQUISITION OF SALVAGE MOTOR |
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VEHICLE. (a)��A used automotive parts recycler who acquires |
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ownership of a salvage motor vehicle shall obtain a properly |
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assigned title from the previous owner of the vehicle. |
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�������(b)��A used automotive parts recycler who acquires ownership |
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of a motor vehicle, nonrepairable motor vehicle, or salvage motor |
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vehicle for the purpose of dismantling, scrapping, or destroying |
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the motor vehicle, shall, before the 31st day after the date of |
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acquiring the motor vehicle, submit to the Texas Department of |
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Transportation a properly assigned manufacturer's certificate of |
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origin, regular certificate of title, nonrepairable vehicle title, |
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salvage vehicle title, other ownership document, or comparable |
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out-of-state ownership document for the motor vehicle. |
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�������(c)��After receiving the title or document, the Texas |
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Department of Transportation shall issue the used automotive parts |
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recycler a receipt for the manufacturer's certificate of origin, |
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regular certificate of title, nonrepairable vehicle title, salvage |
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vehicle title, other ownership document, or comparable |
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out-of-state ownership document. |
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�������(d)��The recycler shall comply with Subchapter E, Chapter |
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501, Transportation Code. |
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�������Sec.�2309.302.��RECORDS OF PURCHASES. A used automotive |
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parts recycler shall maintain a record of or sales receipt for each |
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motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, |
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and used automotive part purchased. |
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�������Sec.�2309.303.��REGISTRATION OF NEW BUSINESS LOCATION. |
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Before moving a place of business, a used automotive parts recycler |
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must notify the department of the new location. The used automotive |
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parts recycler shall provide a storm water permit for the location |
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if a permit is required by the Texas Commission on Environmental |
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Quality. |
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[Sections 2309.304-2309.350 reserved for expansion] |
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SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER |
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IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS |
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�������Sec.�2309.351.��DEFINITIONS. In this subchapter: |
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�������������(1)��"Component part" means a major component part as |
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defined by Section 501.091, Transportation Code, or a minor |
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component part. |
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�������������(2)��"Interior component part" means a motor vehicle's |
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seat or radio. |
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�������������(3)��"Minor component part" means an interior component |
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part, a special accessory part, or a motor vehicle part that |
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displays or should display at least one of the following: |
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�������������������(A)��a federal safety certificate; |
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�������������������(B)��a motor number; |
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�������������������(C)��a serial number or a derivative; or |
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�������������������(D)��a manufacturer's permanent vehicle |
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identification number or a derivative. |
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�������������(4)��"Special accessory part" means a motor vehicle's |
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tire, wheel, tailgate, or removable glass top. |
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�������Sec.�2309.352.��REMOVAL OF LICENSE PLATES. Immediately on |
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receipt of a motor vehicle, a used automotive parts recycler shall: |
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�������������(1)��remove any unexpired license plates from the |
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vehicle; and |
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�������������(2)��place the license plates in a secure place until |
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destroyed by the used automotive parts recycler. |
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�������Sec.�2309.353.��DISMANTLEMENT OR DISPOSITION OF MOTOR |
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VEHICLE. A used automotive parts recycler may not dismantle or |
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dispose of a motor vehicle unless the recycler first obtains: |
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�������������(1)��a certificate of authority to dispose of the |
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vehicle, a sales receipt, or a transfer document for the vehicle |
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issued under Chapter 683, Transportation Code; or |
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�������������(2)��a certificate of title showing that there are no |
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liens on the vehicle or that all recorded liens have been released. |
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�������Sec.�2309.354.��RECORD OF PURCHASE; INVENTORY OF PARTS. |
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(a)��A used automotive parts recycler shall keep an accurate and |
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legible record of each used component part purchased by or |
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delivered to the recycler. The record must include: |
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�������������(1)��the date of purchase or delivery; |
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�������������(2)��the driver's license number of the seller and a |
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legible photocopy of the seller's driver's license; and |
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�������������(3)��a description of the part and, if applicable, the |
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make and model of the part. |
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�������(b)��As an alternative to the information required by |
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Subsection (a), a used automotive parts recycler may record: |
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�������������(1)��the name of the person who sold the part or the |
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motor vehicle from which the part was obtained; and |
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�������������(2)��the Texas certificate of inventory number or the |
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federal taxpayer identification number of the person. |
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�������(c)��The department shall prescribe the form of the record |
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required by Subsection (a) and shall make the form available to used |
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automotive parts recyclers. |
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�������(d)��This section does not apply to: |
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�������������(1)��an interior component part or special accessory |
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part from a motor vehicle more than 10 years old; or |
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�������������(2)��a part delivered to a used automotive parts |
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recycler by a commercial freight line, commercial carrier, or |
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licensed used automotive parts recycler. |
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�������Sec.�2309.355.��RETENTION OF COMPONENT PARTS. (a)��A used |
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automotive parts recycler shall retain each component part in its |
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original condition on the business premises of the recycler for at |
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least three calendar days, excluding Sundays, after the date the |
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recycler obtains the part. |
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�������(b)��This section does not apply to the purchase by a used |
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automotive parts recycler of a nonoperational engine, |
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transmission, or rear axle assembly from another used automotive |
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parts recycler or an automotive-related business. |
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�������Sec.�2309.356.��MAINTENANCE OF RECORDS. A used automotive |
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parts recycler shall maintain copies of each record required under |
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this subchapter until the first anniversary of the purchase date of |
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the item for which the record is maintained. |
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�������Sec.�2309.357.��SURRENDER OF CERTAIN DOCUMENTS OR LICENSE |
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PLATES. (a)��A used automotive parts recycler shall surrender to |
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the Texas Department of Transportation for cancellation a |
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certificate of title or authority, sales receipt, or transfer |
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document, as required by the department. |
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�������(b)��The Texas Department of Transportation shall provide a |
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signed receipt for a surrendered certificate of title. |
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�������Sec.�2309.358.��INSPECTION OF RECORDS. (a)��A peace officer |
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at any reasonable time may inspect a record required to be |
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maintained under this subchapter, including an inventory record. |
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�������(b)��On demand by a peace officer, a used automotive parts |
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recycler shall provide to the officer a copy of a record required to |
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be maintained under this subchapter. |
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�������(c)��A peace officer may inspect the inventory on the |
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premises of a used automotive parts recycler at any reasonable time |
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to verify, check, or audit the records required to be maintained |
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under this subchapter. |
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�������(d)��A used automotive parts recycler or an employee of the |
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recycler shall allow and may not interfere with a peace officer's |
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inspection of the recycler's inventory, premises, or required |
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inventory records. |
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[Sections 2309.359-2309.400 reserved for expansion] |
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SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES |
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�������Sec.�2309.401.��APPLICABILITY OF SUBCHAPTER. This |
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subchapter applies only to a used automotive parts facility located |
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in a county with a population of 2.8 million or more. |
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�������Sec.�2309.402.��LIMITS ON OPERATION OF HEAVY MACHINERY. |
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(a)��A used automotive parts recycler may not operate heavy |
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machinery in a used automotive parts recycling facility between the |
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hours of 7 p.m. of one day and 7 a.m. of the following day. |
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�������(b)��This section does not apply to conduct necessary to a |
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sale or purchase by the recycler. |
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�������SECTION�8.��Section 501.091, Transportation Code, is amended |
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|
by amending Subdivision (17) and adding Subdivision (20) to read as |
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follows: |
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�������������(17)��"Salvage vehicle dealer" means a person engaged |
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in this state in the business of acquiring, selling, [dismantling,] |
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repairing, rebuilding, reconstructing, or otherwise dealing in |
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nonrepairable motor vehicles, salvage motor vehicles, or, if |
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incidental to a salvage motor vehicle dealer's primary business, |
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used automotive parts. The term does not include a person who |
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casually repairs, rebuilds, or reconstructs fewer than five [three] |
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|
salvage motor vehicles in the same calendar year or, except as |
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provided by Paragraph (C), a used automotive parts recycler. The |
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term includes a person engaged in the business of: |
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�������������������(A)��a salvage vehicle dealer, regardless of |
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whether the person holds a license issued by the department to |
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engage in that business; |
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�������������������(B)��dealing in nonrepairable motor vehicles or |
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salvage motor vehicles[, regardless of whether the person deals in
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used parts]; or |
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�������������������(C)��a used automotive parts recycler if the sale |
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of repaired, rebuilt, or reconstructed nonrepairable motor |
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vehicles or salvage motor vehicles is more than an incidental part |
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|
of the used automotive parts recycler's business [dealing in used
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parts regardless of whether the person deals in nonrepairable motor
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vehicles or salvage motor vehicles]. |
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�������������(20)��"Used parts dealer" and "used automotive parts |
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recycler" have the meaning assigned to "used automotive parts |
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recycler" by Section 2309.002, Occupations Code. |
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�������SECTION�9.��Subsection (d), Section 501.092, Transportation |
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|
Code, is amended to read as follows: |
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�������(d)��An insurance company may sell a motor vehicle to which |
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this section applies, or assign a salvage vehicle title or a |
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nonrepairable vehicle title for the motor vehicle, only to a |
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salvage vehicle dealer, an out-of-state buyer, a buyer in a casual |
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|
sale at auction, [or] a metal recycler, or a used automotive parts |
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recycler. If the motor vehicle is not a salvage motor vehicle or a |
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nonrepairable motor vehicle, the insurance company is not required |
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to surrender the regular certificate of title for the vehicle or to |
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be issued a salvage vehicle title or a nonrepairable vehicle title |
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for the motor vehicle. |
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�������SECTION�10.��Subsections (a) and (b), Section 501.095, |
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|
Transportation Code, are amended to read as follows: |
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�������(a)��If the department has not issued a nonrepairable vehicle |
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title or salvage vehicle title for the motor vehicle and an |
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out-of-state ownership document for the motor vehicle has not been |
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issued by another state or jurisdiction, a business or governmental |
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|
entity described by Subdivisions (1)-(3) may sell, transfer, or |
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release a nonrepairable motor vehicle or salvage motor vehicle only |
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to a person who is: |
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�������������(1)��a licensed salvage vehicle dealer, a used |
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|
automotive parts recycler under Chapter 2309, Occupations Code, or |
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|
a metal recycler under Chapter 2302, Occupations Code; |
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|
�������������(2)��an insurance company that has paid a claim on the |
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nonrepairable or salvage motor vehicle; |
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�������������(3)��a governmental entity; or |
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�������������(4)��an out-of-state buyer. |
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�������(b)��A person, other than a salvage vehicle dealer, a used |
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automotive parts recycler, or an insurance company licensed to do |
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business in this state, who acquired ownership of a nonrepairable |
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or salvage motor vehicle that has not been issued a nonrepairable |
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|
vehicle title, salvage vehicle title, or a comparable ownership |
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|
document issued by another state or jurisdiction shall, before |
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|
selling the motor vehicle, surrender the properly assigned |
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|
certificate of title for the motor vehicle to the department and |
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|
apply to the department for: |
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|
�������������(1)��a nonrepairable vehicle title if the vehicle is a |
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|
nonrepairable motor vehicle; or |
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|
�������������(2)��a salvage vehicle title if the vehicle is a salvage |
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motor vehicle. |
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|
�������SECTION�11.��Section 501.105, Transportation Code, is |
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|
amended to read as follows: |
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�������Sec.�501.105.��RETENTION OF RECORDS RELATING TO CERTAIN |
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|
CASUAL SALES. Each licensed salvage vehicle dealer, used |
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|
automotive parts recycler, or insurance company that sells a |
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|
nonrepairable motor vehicle or a salvage motor vehicle at a casual |
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|
sale shall keep on the business premises of the dealer or the |
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|
insurance company a list of all casual sales made during the |
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|
preceding 36-month period that contains: |
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|
�������������(1)��the date of the sale; |
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|
�������������(2)��the name of the purchaser; |
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|
�������������(3)��the name of the jurisdiction that issued the |
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|
identification document provided by the purchaser, as shown on the |
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|
document; and |
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|
�������������(4)��the vehicle identification number. |
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|
�������SECTION�12.��Section 2302.253, Occupations Code, is |
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|
repealed. |
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�������SECTION�13.��Not later than January 1, 2010, the Texas |
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|
Commission of Licensing and Regulation shall adopt rules under |
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|
Section 2309.102, Occupations Code, as added by this Act. |
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�������SECTION�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 |
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|
regardless of the relative dates of enactment. |
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|
�������SECTION�15.��(a)��Except as provided by Subsection (b) of |
�
|
this section, this Act takes effect September 1, 2009. |
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|
�������(b)��Sections 2309.151 and 2309.154, Occupations Code, as |
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|
added by this Act, and Subchapter F, Chapter 2309, Occupations |
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|
Code, as added by this Act, take effect September 1, 2010. |
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______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
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|
�������I hereby certify that S.B.�No.�1095 passed the Senate on |
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|
April�23,�2009, by the following vote: Yeas�30, Nays�0; and that |
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|
the Senate concurred in House amendment on May�29,�2009, by the |
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|
following vote: Yeas�31, Nays�0. |
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� |
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______________________________ |
� |
Secretary of the Senate���� |
� |
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|
�������I hereby certify that S.B.�No.�1095 passed the House, with |
�
|
amendment, on May�26,�2009, by the following vote: Yeas�133, |
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|
Nays�4, two present not voting. |
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� |
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______________________________ |
� |
Chief Clerk of the House��� |
� |
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� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |