H.B. No. 2741
 
 
 
 
AN ACT
  relating to the regulation of motor vehicles by counties and the
  Texas Department of Motor Vehicles; authorizing a fee; creating an
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 348.005, Finance Code, is amended to
  read as follows:
         Sec. 348.005.  ITEMIZED CHARGE. An amount in a retail
  installment contract is an itemized charge if the amount is not
  included in the cash price and is the amount of:
               (1)  fees for registration, certificate of title, and
  license and any additional registration fees charged by a [full
  service] deputy as authorized by rules adopted under Section
  520.0071 [502.114], Transportation Code;
               (2)  any taxes;
               (3)  fees or charges prescribed by law and connected
  with the sale or inspection of the motor vehicle; and
               (4)  charges authorized for insurance, service
  contracts, warranties, or a debt cancellation agreement by
  Subchapter C.
         SECTION 2.  Section 353.006, Finance Code, is amended to
  read as follows:
         Sec. 353.006.  ITEMIZED CHARGE.  An amount in a retail
  installment contract is an itemized charge if the amount is not
  included in the cash price and is the amount of:
               (1)  fees for registration, certificate of title, and
  license and any additional registration fees charged by a [full
  service] deputy as authorized by rules adopted under Section
  520.0071 [502.114], Transportation Code;
               (2)  any taxes;
               (3)  fees or charges prescribed by law and connected
  with the sale or inspection of the commercial vehicle;
               (4)  charges authorized for insurance, service
  contracts, and warranties by Subchapter C; and
               (5)  advances or payments authorized under Section
  353.402(b) or (c) made by the retail seller to or for the benefit of
  the retail buyer.
         SECTION 3.  Section 418.016, Government Code, is amended by
  adding Subsections (f), (g), and (h) to read as follows:
         (f)  The governor may suspend any of the following
  requirements in response to an emergency or disaster declaration of
  another jurisdiction if strict compliance with the requirement
  would prevent, hinder, or delay necessary action in assisting
  another state with coping with an emergency or disaster:
               (1)  a registration requirement in an agreement entered
  into under the International Registration Plan under Section
  502.091, Transportation Code, to the extent authorized by federal
  law;
               (2)  a temporary registration permit requirement under
  Section 502.094, Transportation Code;
               (3)  a provision of Subtitle E, Title 7, Transportation
  Code, to the extent authorized by federal law;
               (4)  a motor carrier registration requirement under
  Chapter 643, Transportation Code;
               (5)  a registration requirement under Chapter 645,
  Transportation Code, to the extent authorized by federal law; or
               (6)  a fuel tax requirement under the International
  Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq., to
  the extent authorized by federal law.
         (g)  For the purposes of Subsection (f), "emergency or
  disaster declaration of another jurisdiction" means an emergency
  declaration, a major disaster declaration, a state of emergency
  declaration, a state of disaster declaration, or a similar
  declaration made by:
               (1)  the president of the United States under the
  Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
  U.S.C. Section 5121 et seq.); or
               (2)  the governor of another state.
         (h)  To the extent federal law requires this state to issue a
  special permit under 23 U.S.C. Section 127 or an executive order, a
  suspension issued under Subsection (f) is a special permit or an
  executive order.
         SECTION 4.  Section 1201.206(f), Occupations Code, is
  amended to read as follows:
         (f)  If the owner of a manufactured home relocates the home,
  the owner shall apply for the issuance of a new statement of
  ownership and location not later than the 60th day after the date
  the home is relocated.  The department shall require that the owner
  submit evidence that the home was relocated in accordance with the
  requirements of the Texas Department of Motor Vehicles
  [Transportation].
         SECTION 5.  Section 2301.002(12), Occupations Code, is
  amended to read as follows:
               (12)  "Division" means the [Motor Vehicle Division of
  the] department division that regulates the distribution and sale
  of motor vehicles.
         SECTION 6.  The heading to Subchapter C, Chapter 2301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C. [DIRECTOR AND OTHER] DIVISION PERSONNEL
         SECTION 7.  Section 2301.154, Occupations Code, is amended
  by amending Subsections (b) and (c) and adding Subsection (e) to
  read as follows:
         (b)  The board by rule may delegate any power relating to a
  contested case hearing brought under this chapter or Chapter 503,
  Transportation Code, other than the power to issue a final order,
  to:
               (1)  one or more of the board's members;
               (2)  the executive director;
               (3)  the director; or
               (4)  one or more of the department's employees.
         (c)  The board by rule may delegate the authority to issue a
  final order in a contested case hearing brought under this chapter
  or Chapter 503, Transportation Code, to:
               (1)  one or more of the board's members;
               (2)  the executive director; or
               (3)  the director of a division within the department
  designated by the board or the executive director to carry out the
  requirements of this chapter.
         (e)  An action taken by a person to whom a power or other
  authority is delegated under Subsection (b) or (c), including the
  issuance of an order, is considered an action of the board and may
  not be appealed to the board.
         SECTION 8.  Section 2301.257(a), Occupations Code, is
  amended to read as follows:
         (a)  An application for a dealer's license must be on a form
  prescribed by the department.  The application must include:
               (1)  the information required by Chapter 503,
  Transportation Code; and
               (2)  information [relating to the applicant's financial
  resources, business integrity, business ability and experience,
  franchise if applicable, physical facilities, vehicle inventory,
  and other factors] the board determines by rule is [department
  considers] necessary to determine the applicant's qualifications
  to adequately serve the public.
         SECTION 9.  Sections 2301.260(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  An application for a distributor's license must
  disclose:
               (1)  the manufacturer for whom the distributor will
  act;
               (2)  whether the manufacturer is licensed in this
  state;
               (3)  [the warranty covering the motor vehicles to be
  sold;
               [(4)]  the persons in this state who will be
  responsible for compliance with the warranty covering the motor
  vehicles to be sold;
               (4) [(5)]  the terms of the contract under which the
  distributor will act for the manufacturer; and
               (5) [(6)]  the franchised dealers with whom the
  distributor will do business.
         (b)  An applicant for a distributor's license that has a
  responsibility under a warranty agreement must include a statement
  regarding the manufacturer's compliance with Subchapter I and
  Sections 2301.451-2301.476 [provide the same information relating
  to the agreement as is provided by an applicant for a manufacturer's
  license under Section 2301.259].
         SECTION 10.  Section 2301.264(d), Occupations Code, is
  amended to read as follows:
         (d)  The department may refund [from funds appropriated to
  the department for that purpose] a fee collected under this chapter
  that is not due or that exceeds the amount due.
         SECTION 11.  Section 2301.301(b), Occupations Code, is
  amended to read as follows:
         (b)  The department [board] may issue a license for a term of
  less than the period prescribed under Subsection (a) to coordinate
  the expiration dates of licenses held by a person that is required
  to obtain more than one license to perform activities under this
  chapter.
         SECTION 12.  Section 2301.303, Occupations Code, is amended
  to read as follows:
         Sec. 2301.303.  RENEWAL OF DEALER'S LICENSE. A dealer shall
  renew the dealer's license on an application prescribed by the
  department [director].  The department [director] shall include in
  the renewal application a request for disclosure of material
  changes described by Section 2301.257.
         SECTION 13.  Section 2301.353, Occupations Code, is amended
  to read as follows:
         Sec. 2301.353.  PROHIBITION: PERFORMANCE OF OBLIGATION
  UNDER AGREEMENT WITH MANUFACTURER. A franchised dealer may not
  fail to perform an obligation placed on:
               (1)  the selling dealer in connection with the
  preparation and delivery of a new motor vehicle for retail sale as
  provided in the manufacturer's preparation and delivery agreements
  [on file with the board] that are applicable to the vehicle; or
               (2)  the dealer in connection with the manufacturer's
  warranty agreements [on file with the board].
         SECTION 14.  Section 2301.358(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who holds a license issued under this chapter
  may not participate in a new motor vehicle show or exhibition
  unless:
               (1)  the person provides the department with written
  notice [at least 30 days] before the date the show or exhibition
  opens; and
               (2)  the department grants written approval.
         SECTION 15.  Section 2301.401, Occupations Code, is amended
  to read as follows:
         Sec. 2301.401.  WARRANTY, PREPARATION, AND DELIVERY
  [FILING] REQUIREMENTS. (a) On request, a [A] manufacturer or
  distributor shall provide to [file with] the department a copy of
  the current requirements the manufacturer or distributor imposes on
  its dealers with respect to the dealer's:
               (1)  duties under the manufacturer's or distributor's
  warranty; and
               (2)  vehicle preparation and delivery obligations.
         (b)  Warranty or preparation and delivery requirements
  placed on a dealer by a manufacturer are not enforceable unless the
  requirements are reasonable [and are disclosed and filed as
  required by Subsection (a)].
         SECTION 16.  Section 2301.460, Occupations Code, is amended
  to read as follows:
         Sec. 2301.460.  WARRANTY, PREPARATION, OR DELIVERY
  AGREEMENT OBLIGATIONS. Notwithstanding the terms of any franchise,
  a manufacturer, distributor, or representative may not, after a
  complaint and a hearing, fail or refuse to perform an obligation
  placed on the manufacturer in connection with the preparation,
  delivery, and warranty of a new motor vehicle as provided in the
  manufacturer's warranty, preparation, and delivery agreements [on
  file with the board].
         SECTION 17.  Section 2301.461(a), Occupations Code, is
  amended to read as follows:
         (a)  Notwithstanding the terms of any franchise or any other
  law, a franchised dealer's preparation, delivery, and warranty
  obligations [as filed with the board] are the dealer's sole
  responsibility for product liability as between the dealer and a
  manufacturer or distributor.
         SECTION 18.  Section 2301.4651(a), Occupations Code, is
  amended to read as follows:
         (a)  This section applies to a manufacturer, distributor, or
  representative that[:
               [(1)]  terminates or discontinues a franchise by [any
  means without complying with Section 2301.453; or
               [(2)     regardless of whether the manufacturer,
  distributor, or representative complies with Section 2301.453,
  terminates or discontinues a franchise by]:
               (1) [(A)]  discontinuing a line-make;
               (2) [(B)]  ceasing to do business in this state; or
               (3) [(C)]  changing the distributor or method of
  distribution of its products in this state.
         SECTION 19.  Sections 2301.606(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  In a hearing [before the director] under this
  subchapter, a manufacturer, converter, or distributor may plead and
  prove as an affirmative defense to a remedy under this subchapter
  that a nonconformity:
               (1)  is the result of abuse, neglect, or unauthorized
  modification or alteration of the motor vehicle; or
               (2)  does not substantially impair the use or market
  value of the motor vehicle.
         (c)  The board or a person delegated power from the board
  under Section 2301.154 [director] may not issue an order requiring
  a manufacturer, converter, or distributor to make a refund or to
  replace a motor vehicle unless:
               (1)  the owner or a person on behalf of the owner has
  mailed written notice of the alleged defect or nonconformity to the
  manufacturer, converter, or distributor; and
               (2)  the manufacturer, converter, or distributor has
  been given an opportunity to cure the alleged defect or
  nonconformity.
         SECTION 20.  Section 2301.607(c), Occupations Code, is
  amended to read as follows:
         (c)  If [the administrative law judge does not issue] a
  proposal for decision and recommendation for [recommend to the
  director] a final order are not issued before the 151st day after
  the date a complaint is filed under this subchapter, the department
  [director] shall provide written notice by certified mail to the
  complainant and to the manufacturer, converter, or distributor of
  the expiration of the 150-day period and of the complainant's right
  to file a civil action.  The board or a person delegated power from
  the board under Section 2301.154 shall extend the 150-day period if
  a delay is requested or caused by the person who filed the
  complaint.
         SECTION 21.  Section 2301.608, Occupations Code, is amended
  to read as follows:
         Sec. 2301.608.  ASSESSMENT OF COSTS FOR REPLACEMENT OR
  REFUND. (a) In an order issued under this subchapter, the board or
  a person delegated power from the board under Section 2301.154
  [director] shall name the person responsible for paying the cost of
  any refund or replacement. A manufacturer, converter, or
  distributor may not cause a franchised dealer to directly or
  indirectly pay any money not specifically ordered by the board or a
  person delegated power from the board under Section 2301.154
  [director].
         (b)  If the board or a person delegated power from the board
  under Section 2301.154 [director] orders a manufacturer,
  converter, or distributor to make a refund or replace a motor
  vehicle under this subchapter, the board or person [director] may
  order the franchised dealer to reimburse the owner, lienholder,
  manufacturer, converter, or distributor only for an item or option
  added to the vehicle by the dealer to the extent that the item or
  option contributed to the defect that served as the basis for the
  order.
         (c)  In a case involving a leased vehicle, the board or a
  person delegated power from the board under Section 2301.154
  [director] may terminate the lease and apportion allowances or
  refunds, including the reasonable allowance for use, between the
  lessee and lessor of the vehicle.
         SECTION 22.  Section 2301.609(a), Occupations Code, is
  amended to read as follows:
         (a)  A party to a proceeding [before the director] under this
  subchapter that is affected by a final order related to the
  proceeding [of the director] is entitled to judicial review of the
  order under the substantial evidence rule in a district court of
  Travis County.
         SECTION 23.  Sections 2301.610(a) and (d), Occupations Code,
  are amended to read as follows:
         (a)  A manufacturer, distributor, or converter that has been
  ordered to repurchase or replace a vehicle shall, through its
  franchised dealer, issue a disclosure statement stating that the
  vehicle was repurchased or replaced by the manufacturer,
  distributor, or converter under this subchapter. The statement
  must accompany the vehicle through the first retail purchase
  following the issuance of the statement and must include the
  [board's] toll-free telephone number described by Subsection (d)
  that will enable the purchaser to obtain information about the
  condition or defect that was the basis of the order for repurchase
  or replacement.
         (d)  The department [board] shall maintain a toll-free
  telephone number to provide information to a person who requests
  information about a condition or defect that was the basis for
  repurchase or replacement by an order issued under this chapter [of
  the director]. The department [board] shall maintain an effective
  method of providing information to a person who makes a request.
         SECTION 24.  Section 2301.651(d), Occupations Code, is
  amended to read as follows:
         (d)  A license may not be denied, revoked, or suspended, and
  disciplinary action may not be taken under this subchapter, unless
  the respondent is given an opportunity for a hearing. The board may
  deny, revoke, or suspend a license or take disciplinary action by
  [except on] order only [of the board] after the department grants
  the respondent an opportunity for a hearing.
         SECTION 25.  Section 2301.703(a), Occupations Code, is
  amended to read as follows:
         (a)  A hearing [shall be conducted in any contested case]
  arising under this chapter or a board rule adopted under this
  chapter[. The hearing] must be conducted in accordance with this
  chapter, any order, decision, or rule of the board, and Chapter
  2001, Government Code.
         SECTION 26.  Section 2301.709, Occupations Code, is amended
  to read as follows:
         Sec. 2301.709.  [PROPOSED DECISION;] REVIEW BY BOARD. (a)
  [In a contested case, the administrative law judge shall serve on
  each party a copy of the administrative law judge's proposal for
  decision and recommended order containing findings of fact and
  conclusions of law.     A party may file exceptions and replies to the
  board.
         [(b)]  In reviewing a [the] case under this subchapter, the
  board or a person delegated power from the board under Section
  2301.154 may consider only materials that are submitted timely.
         (b) [(c)]  The board or a person delegated power from the
  board under Section 2301.154 may hear such oral argument from any
  party as the board may allow.
         (c) [(d)]  The board or a person delegated power from the
  board under Section 2301.154 shall take any further action
  conducive to the issuance of a final order and shall issue a written
  final decision or order. A majority vote of a quorum of the board is
  required to adopt a final decision or order of the board.
         SECTION 27.  Section 2301.710, Occupations Code, is amended
  to read as follows:
         Sec. 2301.710.  DISMISSAL OF COMPLAINT. On the motion of any
  party, the board or other person delegated final order authority
  under Section 2301.154, without holding a contested case hearing,
  may issue a final order dismissing a complaint, protest, or
  response in accordance with the terms and procedures set forth in
  the [Rule 166a,] Texas Rules of Civil Procedure[, or its
  successor].
         SECTION 28.  Section 2301.711, Occupations Code, is amended
  to read as follows:
         Sec. 2301.711.  ORDERS AND DECISIONS. (a) The board or
  other person delegated final order authority under Section 2301.154
  shall issue final orders for the implementation and enforcement of
  this chapter and Chapter 503, Transportation Code.
         (b)  An order or decision under this chapter [of the board]
  must:
               (1)  include a separate finding of fact with respect to
  each specific issue [the board is] required by law to be considered
  [consider] in reaching a decision;
               (2)  set forth additional findings of fact and
  conclusions of law on which the order or decision is based;
               (3)  give the reasons for the particular actions taken;
  and
               (4)  be signed by the presiding officer or assistant
  presiding officer for the board or other person delegated final
  order authority under Section 2301.154[;
               [(5)  be attested to by the director; and
               [(6)  have the seal affixed to it].
         SECTION 29.  Section 2301.712(b), Occupations Code, is
  amended to read as follows:
         (b)  If a person who brings a complaint under Subchapter M
  prevails in the case, the board or a person delegated power from the
  board under Section 2301.154 shall order the nonprevailing party in
  the case to reimburse the amount of the filing fee for the case.
         SECTION 30.  Section 2301.713, Occupations Code, is amended
  to read as follows:
         Sec. 2301.713.  REHEARING. (a) Except as provided by
  Subsection (b), a [A] party who seeks a rehearing of an order shall
  seek the rehearing in accordance with Chapter 2001, Government
  Code.
         (b)  The board by rule may establish a procedure to allow
  parties to contested cases in which the final order is issued by a
  person to whom final order authority is delegated under Section
  2301.154 to file motions for rehearing with the board.
         SECTION 31.  Section 2301.751(a), Occupations Code, is
  amended to read as follows:
         (a)  A party to a proceeding affected by a final order, rule,
  or decision or other final action of the board [or director under
  this chapter or under another law] with respect to a matter arising
  under this chapter or Chapter 503, Transportation Code, may seek
  judicial review of the action under the substantial evidence rule
  in:
               (1)  a district court in Travis County; or
               (2)  the court of appeals for the Third Court of Appeals
  District.
         SECTION 32.  Section 2301.752(b), Occupations Code, is
  amended to read as follows:
         (b)  Citation for an appeal must be served on the executive
  director or the executive director's designee and each party of
  record in the matter. For an appeal initiated in the court of
  appeals, the court shall cause the citation to be issued.
         SECTION 33.  Sections 2301.802(d) and (e), Occupations Code,
  are amended to read as follows:
         (d)  An interlocutory cease and desist order remains in
  effect until vacated or incorporated in a final order [of the
  board]. An appeal of an interlocutory cease and desist order must
  be made to the board before seeking judicial review as provided by
  this chapter.
         (e)  A permanent cease and desist order may be issued
  regardless of the requirements of Subsection (b) but only under the
  procedures for a final order [by the board] under this chapter. An
  appeal of a permanent cease and desist order is made in the same
  manner as an appeal of a final order under this chapter.
         SECTION 34.  Section 2301.803(a), Occupations Code, is
  amended to read as follows:
         (a)  On the initiation of a [board] proceeding under this
  chapter or Chapter 503, Transportation Code, whether by complaint,
  protest, or otherwise, a person who receives notice from the board
  of a statutory stay imposed by this chapter may not allow or commit
  any act or omission that would:
               (1)  violate this chapter, Chapter 503, Transportation
  Code, [or] any rule, order, or decision of the board, or an order or
  decision of a person delegated power from the board under Section
  2301.154;
               (2)  affect a legal right, duty, or privilege of any
  party to a proceeding under this chapter or Chapter 503,
  Transportation Code [before the board]; or
               (3)  tend to render ineffectual an [a board] order in a
  pending proceeding.
         SECTION 35.  Sections 2301.804(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  If it appears that a person has violated, is violating,
  or is threatening to violate this chapter, Chapter 503,
  Transportation Code, [or] a board rule adopted under this chapter
  or Chapter 503, Transportation Code, or an order issued under this
  chapter or Chapter 503, Transportation Code, the board or the
  executive director, if authorized by the presiding officer of the
  board, may cause a suit to be instituted in a court for:
               (1)  injunctive relief to restrain the person from
  committing the violation or threat of violation;
               (2)  imposition of a civil penalty; or
               (3)  both injunctive relief and a civil penalty.
         (b)  At the request of the board or the executive director,
  if authorized by the presiding officer of the board, the attorney
  general shall bring in the name of the state a suit for an
  injunction or a civil penalty as described by Subsection (a).
         SECTION 36.  Section 2302.103(a), Occupations Code, is
  amended to read as follows:
         (a)  To apply for a salvage vehicle dealer license, a person
  must submit to the department an application on a form prescribed by
  the department[. The application must be signed by the applicant]
  and [accompanied by] the application fee.
         SECTION 37.  Section 2305.001, Occupations Code, is amended
  by adding Subdivisions (5) and (6) to read as follows:
               (5)  "Board" means the board of the Texas Department of
  Motor Vehicles.
               (6)  "Department" means the Texas Department of Motor
  Vehicles.
         SECTION 38.  Section 2305.007(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b), for the purpose of
  enforcing or administering this chapter, Chapter 2302 of this code,
  or Chapter 501 or 502, Transportation Code, a member of the board
  [Texas Transportation Commission], an employee of the department
  [Texas Transportation Commission or Texas Department of
  Transportation], a member of the Public Safety Commission, an
  officer of the Department of Public Safety, or another peace
  officer who is interested in tracing or locating a stolen motor
  vehicle may at a reasonable time:
               (1)  enter the premises of a business regulated under
  one of those chapters; and
               (2)  inspect or copy any document, record, vehicle,
  part, or other item regulated under one of those chapters.
         SECTION 39.  The heading to Subchapter L, Chapter 201,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER L. ELECTRONIC ISSUANCE OF OUTDOOR ADVERTISING LICENSES
         SECTION 40.  Section 201.931(2), Transportation Code, is
  amended to read as follows:
               (2)  "License" means [includes:
                     [(A)     a permit issued by the department that
  authorizes the operation of a vehicle and its load or a combination
  of vehicles and load exceeding size or weight limitations; and
                     [(B)]  a license or permit for outdoor advertising
  issued under Chapter 391 or 394.
         SECTION 41.  Section 501.021(a), Transportation Code, is
  amended to read as follows:
         (a)  A motor vehicle title issued by the department must
  include:
               (1)  the legal name and address of each purchaser and
  seller at the first sale or a subsequent sale;
               (2)  the make of the motor vehicle;
               (3)  the body type of the vehicle;
               (4)  the manufacturer's permanent vehicle
  identification number of the vehicle or the vehicle's motor number
  if the vehicle was manufactured before the date that stamping a
  permanent identification number on a motor vehicle was universally
  adopted;
               (5)  the serial number for the vehicle;
               (6)  the name and address of each lienholder and the
  date of each lien on the vehicle, listed in the chronological order
  in which the lien was recorded;
               (7)  a statement indicating rights of survivorship
  under Section 501.031;
               (8)  if the vehicle has an odometer, the odometer
  reading at the time of application for the title; and
               (9)  any other information required by the department.
         SECTION 42.  Sections 501.022(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The owner of a motor vehicle registered in this state:
               (1)  except as provided by Section 501.029, shall apply
  for title to the vehicle; and
               (2)  may not operate or permit the operation of the
  vehicle on a public highway until the owner [obtains]:
                     (A)  applies for title and registration for the
  vehicle; or
                     (B)  obtains a receipt evidencing title for
  registration purposes only under Section 501.029.
         (b)  A person may not operate a motor vehicle registered in
  this state on a public highway if the person knows or has reason to
  believe that the owner has not applied for [obtained] a title for
  the vehicle.
         SECTION 43.  Section 501.023(a), Transportation Code, is
  amended to read as follows:
         (a)  The owner of a motor vehicle must present identification
  and apply for a title as prescribed by the department, unless
  otherwise exempted by law.  To obtain a title, the owner must
  apply:
               (1)  to the county assessor-collector in the county in
  which:
                     (A)  the owner is domiciled; or
                     (B)  the motor vehicle is purchased or encumbered;
  [or]
               (2)  if the county in which the owner resides has been
  declared by the governor as a disaster area, to the county
  assessor-collector in one of the closest unaffected counties to a
  county that asks for assistance and:
                     (A)  continues to be declared by the governor as a
  disaster area because the county has been rendered inoperable by
  the disaster; and
                     (B)  is inoperable for a protracted period of
  time; or
               (3)  if the county assessor-collector's office of the
  county in which the owner resides is closed for a protracted period
  of time as defined by the department, to the county
  assessor-collector of a county that borders the county in which the
  owner resides who agrees to accept the application.
         SECTION 44.  Section 501.0234(b), Transportation Code, is
  amended to read as follows:
         (b)  This section does not apply to a motor vehicle:
               (1)  that has been declared a total loss by an insurance
  company in the settlement or adjustment of a claim;
               (2)  for which the title has been surrendered in
  exchange for:
                     (A)  a salvage vehicle title or salvage record of
  title issued under this chapter;
                     (B)  a nonrepairable vehicle title or
  nonrepairable vehicle record of title issued under this chapter or
  Subchapter D, Chapter 683; or
                     (C)  an ownership document issued by another state
  that is comparable to a document described by Paragraph (A) or (B);
               (3)  with a gross weight in excess of 11,000 pounds; or
               (4)  purchased by a commercial fleet buyer who:
                     (A)  is a [full-service] deputy authorized by
  rules adopted under Section 520.0071;
                     (B)  [520.008 and who] utilizes the dealer title
  application process developed to provide a method to submit title
  transactions to the county in which the commercial fleet buyer is a
  [full-service] deputy; and
                     (C)  has authority to accept an application for
  registration and application for title transfer that the county
  assessor-collector may accept.
         SECTION 45.  Section 501.024(d), Transportation Code, is
  amended to read as follows:
         (d)  A title receipt with registration or permit authorizes
  the operation of the motor vehicle on a public highway in this state
  [for 10 days or] until the title is issued[, whichever period is
  shorter].
         SECTION 46.  Sections 501.031(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department shall include on each title an optional
  rights of survivorship agreement that:
               (1)  provides that if the agreement is between two or
  more eligible persons, the motor vehicle will be owned [is held
  jointly] by the surviving owners when one or more of the owners die
  [those persons with the interest of a person who dies to transfer to
  the surviving person or persons]; and
               (2)  provides for the acknowledgment by signature,
  either electronically or by hand, of the persons.
         (c)  Ownership of the vehicle may be transferred only:
               (1)  by all the persons acting jointly, if all the
  persons are alive; or [and]
               (2)  on the death of one of the persons, by the
  surviving person or persons by transferring ownership of the
  vehicle, in the manner otherwise required by law, with a copy of the
  death certificate of the deceased person.
         SECTION 47.  Section 501.032, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (d) to read as follows:
         (a)  On proper application, the department shall assign a
  vehicle identification number to a travel trailer, a trailer or
  semitrailer [that has a gross vehicle weight that exceeds 4,000
  pounds], a frame, or an item of equipment, including a tractor, farm
  implement, unit of special mobile equipment, or unit of off-road
  construction equipment [on which]:
               (1)  on which a vehicle identification number was not
  die-stamped by the manufacturer; [or]
               (2)  on which a vehicle identification number
  die-stamped by the manufacturer has been lost, removed, or
  obliterated; or
               (3)  for which a vehicle identification number was
  never assigned.
         (b)  The applicant shall die-stamp the assigned vehicle
  identification number at the place designated by the department on
  the travel trailer, trailer, semitrailer, frame, or equipment.
         (d)  Only the department may issue vehicle identification
  numbers.
         SECTION 48.  Section 501.033(a), Transportation Code, is
  amended to read as follows:
         (a)  A person determined by law enforcement or a court to be
  the owner of a motor vehicle, travel trailer, semitrailer, or
  trailer, a part of a motor vehicle, travel trailer, semitrailer, or
  trailer, a frame, or an item of equipment including a tractor, farm
  implement, unit of special mobile equipment, or unit of off-road
  construction equipment may apply to the department for an assigned
  vehicle identification number that has been removed, altered, [or]
  obliterated, or has never been assigned.
         SECTION 49.  Subchapter B, Chapter 501, Transportation Code,
  is amended by adding Section 501.037 to read as follows:
         Sec. 501.037.  TITLE FOR TRAILERS. (a) Notwithstanding any
  other provision of this chapter, the department may issue a title
  for a trailer that has a gross vehicle weight of 4,000 pounds or
  less if all other requirements for issuance of a title are met.
         (b)  To obtain a title under this section, the owner of the
  trailer must:
               (1)  apply for the title in the manner required by
  Section 501.023; and
               (2)  pay the fee required by Section 501.138.
         SECTION 50.  The heading to Subchapter C, Chapter 501,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C. REFUSAL TO ISSUE, [AND] REVOCATION, [OR] SUSPENSION,
  OR ALTERATION OF CERTIFICATE
         SECTION 51.  Section 501.051(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may rescind, cancel, or revoke an
  application for a title if a notarized or county-stamped affidavit
  is presented containing:
               (1)  a statement that the vehicle involved was a new
  motor vehicle in the process of a first sale;
               (2)  a statement that the dealer, the applicant, and
  any lienholder have canceled the sale;
               (3)  a statement that the vehicle:
                     (A)  was never in the possession of the title
  applicant; or
                     (B)  was in the possession of the title applicant;
  and
               (4)  the signatures of the dealer, the applicant, and
  any lienholder.
         SECTION 52.  Section 501.052(e), Transportation Code, is
  amended to read as follows:
         (e)  An applicant aggrieved by the determination under
  Subsection (d) may appeal only to the county or district court of
  the county of the applicant's residence.  An applicant must file an
  appeal not later than the fifth day after the date of the
  assessor-collector's determination.  The [county court] judge
  shall try the appeal in the manner of other civil cases.  All rights
  and immunities granted in the trial of a civil case are available to
  the interested parties.  If the department's action is not
  sustained, the department shall promptly issue a title for the
  vehicle.
         SECTION 53.  Subchapter C, Chapter 501, Transportation Code,
  is amended by adding Section 501.0521 to read as follows:
         Sec. 501.0521.  COURT ORDERED TITLE CHANGES. (a) A justice
  of the peace or municipal court judge may not issue an order related
  to a title except as provided by Chapter 47, Code of Criminal
  Procedure, or Section 27.031(a)(3), Government Code.
         (b)  A county or district court judge may not order the
  department to change the type of title for:
               (1)  a nonrepairable vehicle titled after September 1,
  2003; or
               (2)  a vehicle for which the department has issued a
  certificate of authority under Section 683.054.
         SECTION 54.  Section 501.053(a), Transportation Code, is
  amended to read as follows:
         (a)  As an alternative to the procedure provided by Section
  501.052, the person may obtain a title by filing [file] a bond with
  the department if the vehicle is in the possession of the applicant
  and:
               (1)  there is no security interest on the vehicle;
               (2)  any lien on the vehicle is at least 10 years old;
  or
               (3)  the person provides a release of all liens with
  bond. [On the filing of the bond the person may obtain a title.]
         SECTION 55.  Section 501.076(c), Transportation Code, is
  amended to read as follows:
         (c)  The person named as the agent in the limited power of
  attorney must meet the following requirements:
               (1)  the person may be a person who has been deputized
  [appointed by the commissioners court as a deputy] to perform
  vehicle registration functions as authorized by rules adopted under
  Section 520.0071 [520.0091], a licensed vehicle auction company
  holding a wholesale general distinguishing number under Section
  503.022, a person who has a permit similar to one of the foregoing
  that is issued by the state in which the owner is located, or
  another person authorized by law to execute title documents in the
  state in which the owner executes the documents; and
               (2)  the person may not be the transferee or an employee
  of the transferee. The person may not act as the agent of both the
  transferor and transferee in the transaction. For the purposes of
  this section, a person is not the agent of both the transferor and
  transferee in a transaction unless the person has the authority to
  sign the documents pertaining to the transfer of title on behalf of
  both the transferor and the transferee.
         SECTION 56.  Section 501.095(b), Transportation Code, is
  amended to read as follows:
         (b)  A person [An owner], other than a salvage vehicle
  dealer, a used automotive parts recycler, or an insurance company
  licensed to do business in this state, who acquired ownership of a
  nonrepairable or salvage motor vehicle that has not been issued a
  nonrepairable vehicle title, nonrepairable record of title,
  salvage vehicle title, salvage record of title,  or a comparable
  ownership document issued by another state or jurisdiction shall,
  before selling the motor vehicle, surrender the properly assigned
  title for the motor vehicle to the department and apply to the
  department for the appropriate ownership document.
         SECTION 57.  Sections 501.100(a) and (d), Transportation
  Code, are amended to read as follows:
         (a)  The owner of a motor [A] vehicle for which a
  nonrepairable vehicle [certificate of] title issued prior to
  September 1, 2003, or for which a salvage vehicle title or salvage
  record of title has been issued may apply for [obtain] a title after
  the motor vehicle has been repaired, rebuilt, or reconstructed and,
  in addition to any other requirement of law, only if the
  application:
               (1)  describes each major component part used to repair
  the motor vehicle;
               (2)  states the name of each person from whom the parts
  used in assembling the vehicle were obtained; and
               (3)  shows the identification number required by
  federal law to be affixed to or inscribed on the part.
         (d)  In addition to the fee described by Subsection (b), the
  applicant shall pay a $65 rebuilder fee. The applicant shall
  include the fee with the statement submitted under Section 502.156
  for the vehicle.
         SECTION 58.  Section 501.138(b-2), Transportation Code, is
  amended to read as follows:
         (b-2)  The comptroller shall establish a record of the amount
  of the fees deposited to the credit of the Texas Mobility Fund under
  Subsection (b-1).  On or before the fifth workday of each month,
  the Texas Department of Transportation [department] shall remit to
  the comptroller for deposit to the credit of the Texas emissions
  reduction plan fund an amount of money equal to the amount of the
  fees deposited by the comptroller to the credit of the Texas
  Mobility Fund under Subsection (b-1) in the preceding month.  The
  Texas Department of Transportation [department] shall use for
  remittance to the comptroller as required by this subsection money
  in the state highway fund that is not required to be used for a
  purpose specified by Section 7-a, Article VIII, Texas Constitution,
  and may not use for that remittance money received by this state
  under the congestion mitigation and air quality improvement program
  established under 23 U.S.C. Section 149.
         SECTION 59.  Subchapter G, Chapter 501, Transportation Code,
  is amended by adding Section 501.139 to read as follows:
         Sec. 501.139.  ELECTRONIC FUNDS TRANSFER. A county
  assessor-collector that transfers money to the department under
  this chapter shall transfer the money electronically.
         SECTION 60.  Section 501.146, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A late fee imposed under this section may not exceed
  $250.
         SECTION 61.  Section 501.173, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  In addition to other title fees, the board by rule may
  set a fee to be assessed for the issuance of a paper title to cover
  the cost of administering the electronic titling system.
         SECTION 62.  Section 502.001, Transportation Code, is
  amended by amending Subdivision (7) and adding Subdivision (39-a)
  to read as follows:
               (7)  "Commercial motor vehicle" means a [commercial]
  motor vehicle, other than a motorcycle, designed or used primarily
  to transport property. The term includes a passenger car
  reconstructed and used primarily for delivery purposes. The term
  does not include a passenger car used to deliver the United States
  mail [as defined by Section 644.001].
               (39-a) "Shipping weight" means the weight generally
  accepted as the empty weight of a vehicle.
         SECTION 63.  Sections 502.040(b) and (d), Transportation
  Code, are amended to read as follows:
         (b)  The application must be accompanied by personal
  identification as determined by department rule and made in a
  manner prescribed by the department:
               (1)  through the county assessor-collector of the
  county in which the owner resides; [or]
               (2)  if the county in which the owner resides has been
  declared by the governor as a disaster area, through the county
  assessor-collector of a county that is one of the closest
  unaffected counties to a county that asks for assistance and:
                     (A)  continues to be declared by the governor as a
  disaster area because the county has been rendered inoperable by
  the disaster; and
                     (B)  is inoperable for a protracted period of
  time; or
               (3)  if the county assessor-collector's office in which
  the owner resides is closed for a protracted period of time as
  defined by the department, to the county assessor-collector of a
  county that borders the county in which the owner resides who agrees
  to accept the application.
         (d)  A county assessor-collector, a deputy county
  assessor-collector, or a person acting on behalf of a county
  assessor-collector is not liable to any person for:
               (1)  refusing to register a [motor] vehicle because of
  the person's failure to submit evidence of residency that complies
  with the department's rules; or
               (2)  registering a [motor] vehicle under this section.
         SECTION 64.  The heading to Section 502.043, Transportation
  Code, is amended to read as follows:
         Sec. 502.043.  APPLICATION FOR REGISTRATION AND CERTAIN
  PERMITS.
         SECTION 65.  Section 502.043, Transportation Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (c-1) to read as follows:
         (a)  An application for vehicle registration or a permit
  described by Section 502.094 or 502.095 must:
               (1)  be made in a manner prescribed and include the
  information required by the department  by rule; and
               (2)  contain a full description of the vehicle as
  required by department rule.
         (b)  The department shall deny the registration of or
  permitting under Section 502.094 or 502.095 of a commercial motor
  vehicle, truck-tractor, trailer, or semitrailer if the applicant:
               (1)  has a business operated, managed, or otherwise
  controlled or affiliated with a person who is ineligible for
  registration or whose privilege to operate has been suspended,
  including the applicant entity, a relative, family member,
  corporate officer, or shareholder;
               (2)  has a vehicle that has been prohibited from
  operating by the Federal Motor Carrier Safety Administration for
  safety-related reasons;
               (3)  is a carrier whose business is operated, managed,
  or otherwise controlled or affiliated with a person who is
  ineligible for registration, including the owner, a relative, a
  family member, a corporate officer, or a shareholder; or
               (4)  fails to deliver to the county assessor-collector
  proof of the weight of the vehicle, the maximum load to be carried
  on the vehicle, and the gross weight for which the vehicle is to be
  registered.
         (c)  In lieu of filing an application during a year as
  provided by Subsection (a), the owner of a vehicle registered in any
  state for that year or the preceding year may present:
               (1)  the registration receipt and transfer receipt for
  the vehicle; or
               (2)  other evidence satisfactory to the county
  assessor-collector that the person owns the vehicle[, if any].
         (c-1)  A [The] county assessor-collector shall accept a
  [the] receipt or evidence provided under Subsection (c) as an
  application for renewal of the registration if the receipt or
  evidence indicates the applicant owns the vehicle. This section
  allows issuance for registration purposes only but does not
  authorize the department to issue a title.
         SECTION 66.  The heading to Section 502.055, Transportation
  Code, is amended to read as follows:
         Sec. 502.055.  DETERMINATION OF WEIGHT AND SEATING CAPACITY.
         SECTION 67.  Section 502.055, Transportation Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  For the purposes of this section, the seating capacity
  of a bus is:
               (1)  the manufacturer's rated seating capacity,
  excluding the operator's seat; or
               (2)  if the manufacturer has not rated the vehicle for
  seating capacity, a number computed by allowing one passenger for
  each 16 inches of seating on the bus, excluding the operator's seat.
         (d)  For registration purposes:
               (1)  the weight of a passenger car is the shipping
  weight of the car plus 100 pounds; and
               (2)  the weight of a municipal bus or private bus is
  calculated by adding the following and rounding to the next highest
  100 pounds:
                     (A)  the shipping weight of the bus; and
                     (B)  the seating capacity multiplied by 150
  pounds.
         SECTION 68.  Section 502.092(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall issue a receipt for a permit issued
  [distinguishing insignia for a vehicle issued a permit] under this
  section in a manner provided by the department. The permit receipt
  must contain the information required by this section and be
  carried in the vehicle for which it is issued at all times during
  which it is valid. [The insignia must be attached to the vehicle in
  lieu of regular license plates and must show the permit expiration
  date.] A permit issued under this section is valid until the
  earlier of:
               (1)  the date the vehicle's registration in the owner's
  home state or country expires; or
               (2)  the 30th day after the date the permit is issued.
         SECTION 69.  Sections 502.094(c) and (d), Transportation
  Code, are amended to read as follows:
         (c)  A person may obtain a permit under this section by:
               (1)  applying to the county assessor-collector or [,]
  the department[, or the department's wire service agent, if the
  department has a wire service agent];
               (2)  paying a fee of $25 for a 72-hour permit or $50 for
  a 144-hour permit in the manner prescribed by the department that
  may include a service charge for a credit card payment or escrow
  account;
               (3)  furnishing to the county assessor-collector or [,]
  the department[, or the department's wire service agent,] evidence
  of financial responsibility for the vehicle that complies with
  Sections 502.046(c) and 601.168(a); and
               (4)  submitting a copy of the applicable federal
  declaration form required by the Federal Motor Carrier Safety
  Administration or its successor in connection with the importation
  of a motor vehicle or motor vehicle equipment subject to the federal
  motor vehicle safety, bumper, and theft prevention standards.
         (d)  A county assessor-collector shall report and send a fee
  collected under this section in the manner provided by Section
  502.198. [Each week, a wire service agent shall send to the
  department a report of all permits issued by the agent during the
  previous week.]  The board by rule shall prescribe the format and
  content of a report required by this subsection.
         SECTION 70.  Section 502.168, Transportation Code, is
  amended to read as follows:
         Sec. 502.168.  FEE: MOTOR BUS. The fee for a registration
  year for registration of a motor bus is the fee prescribed by
  Section 502.252 [502.161] or 502.253 [502.162], as applicable.
         SECTION 71.  Subchapter E, Chapter 502, Transportation Code,
  is amended by adding Section 502.199 to read as follows:
         Sec. 502.199.  ELECTRONIC FUNDS TRANSFER. A county
  assessor-collector that transfers money to the department under
  this chapter shall transfer the money electronically.
         SECTION 72.  Section 502.433(a), Transportation Code, is
  amended to read as follows:
         (a)  The registration fee for a commercial motor vehicle as a
  farm vehicle is 50 percent of the applicable fee under Section
  502.252 or 502.253, as applicable, if the vehicle's owner will use
  the vehicle for commercial purposes only to transport:
               (1)  the person's own poultry, dairy, livestock,
  livestock products, timber in its natural state, or farm products
  to market or another place for sale or processing;
               (2)  laborers from their place of residence to the
  owner's farm or ranch; or
               (3)  without charge, materials, tools, equipment, or
  supplies from the place of purchase or storage to the owner's farm
  or ranch exclusively for the owner's use or for use on the farm or
  ranch.
         SECTION 73.  Section 502.473(d), Transportation Code, is
  amended to read as follows:
         (d)  A court may dismiss a charge brought under Subsection
  (a) if the defendant pays an administrative fee not to exceed $10
  and:
               (1)  remedies the defect before the defendant's first
  court appearance; or
               (2)  shows that  the motor vehicle was issued a
  registration insignia by the department that was attached to the
  motor vehicle, establishing that the vehicle was registered for the
  period during which the offense was committed[; and
               [(2)  pays an administrative fee not to exceed $10].
         SECTION 74.  Subchapter K, Chapter 502, Transportation Code,
  is amended by adding Section 502.4755 to read as follows:
         Sec. 502.4755.  DECEPTIVELY SIMILAR INSIGNIA. (a) A person
  commits an offense if the person:
               (1)  manufactures, sells, or possesses a registration
  insignia deceptively similar to the registration insignia of the
  department; or
               (2)  makes a copy or likeness of an insignia
  deceptively similar to the registration insignia of the department
  with intent to sell the copy or likeness.
         (b)  For the purposes of this section, an insignia is
  deceptively similar to the registration insignia of the department
  if the insignia is not prescribed by the department but a reasonable
  person would presume that it was prescribed by the department.
         (c)  A district or county court, on application of the
  attorney general or of the district attorney or prosecuting
  attorney performing the duties of the district attorney for the
  district in which the court is located, may enjoin a violation or
  threatened violation of this section on a showing that a violation
  has occurred or is likely to occur.
         (d)  It is an affirmative defense to a prosecution under this
  section that the insignia was produced pursuant to a licensing
  agreement with the department.
         (e)  An offense under this section is:
               (1)  a felony of the third degree if the person
  manufactures or sells a deceptively similar registration insignia;
  or
               (2)  a Class C misdemeanor if the person possesses a
  deceptively similar registration insignia, except that the offense
  is a Class B misdemeanor if the person has previously been convicted
  of an offense under this subdivision.
         SECTION 75.  Section 502.491, Transportation Code, as
  redesignated from Section 502.451, Transportation Code, by Chapter
  1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session,
  2011, is reenacted to incorporate amendments to Section 502.451,
  Transportation Code, made by Chapters 432 (S.B. 1057) and 1296
  (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,
  and amended to read as follows:
         Sec. 502.491.  TRANSFER OF VEHICLE REGISTRATION. (a) On the
  sale or transfer of a [motor] vehicle, the registration insignia
  issued for the [motor] vehicle shall be removed. The registration
  period remaining at the time of sale or transfer expires at the time
  of sale or transfer.
         [(a-1)     On the sale of a used motor vehicle by a dealer, the
  dealer shall issue to the buyer new registration documents for an
  entire registration year.]
         (b)  On a sale or transfer of a [motor] vehicle in which
  neither party holds a general distinguishing number issued under
  Chapter 503, the part of the registration period remaining at the
  time of the sale or transfer shall continue with the vehicle being
  sold or transferred and does not transfer with the license plates or
  registration validation insignia. To continue the remainder of the
  registration period, the purchaser or transferee must file the
  documents required under Section 501.145.
         (c)  On the sale or transfer of a [motor] vehicle to a dealer,
  as defined by Section 503.001, who holds a general distinguishing
  number issued under Chapter 503, the registration period remaining
  at the time of the sale or transfer expires at the time of the sale
  or transfer. On the sale of a used [motor] vehicle by a dealer, the
  dealer shall issue to the buyer new registration documents for an
  entire registration year.
         (d)  If the transferor has paid for more than one year of
  registration, the department may credit the transferor for any time
  remaining on the registration in annual increments.
         SECTION 76.  Sections 503.009(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  The board [department's Motor Vehicle Board] may
  conduct hearings in contested cases brought under this chapter
  [and] as provided by this chapter and Chapter 2301, Occupations
  Code.
         (c)  A decision or final order issued under this section is
  final and may not be appealed, as a matter of right, to the board
  [commission].
         (d)  The board [department's Motor Vehicle Board] may adopt
  rules for the procedure, a hearing, or an enforcement proceeding
  for an action brought under this section.
         SECTION 77.  Section 504.202(e), Transportation Code, is
  amended to read as follows:
         (e)  Other than license plates issued under Subsection (h),
  license plates issued under this section must include:
               (1)  the letters "DV" [as a prefix or suffix to any
  numeral] on the plate if the plate is issued for a vehicle other
  than a motorcycle; and
               (2)  the words "Disabled Veteran" and "U.S. Armed
  Forces" at the bottom of each license plate.
         SECTION 78.  Section 504.306, Transportation Code, is
  amended to read as follows:
         Sec. 504.306.  MEMBERS AND FORMER MEMBERS OF [PERSONS
  RETIRED FROM SERVICE IN] MERCHANT MARINE OF THE UNITED STATES. The
  department shall issue specialty license plates for members and
  former members of [persons retired from service in] the merchant
  marine of the United States. The license plates must include the
  words "Merchant Marine."
         SECTION 79.  Section 504.610(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may [shall] issue specialty license
  plates in recognition of the Texas Aerospace Commission. [including
  the words "Texas Aerospace Commission."] The department shall
  design the license plates in consultation with the Texas Aerospace
  Commission.
         SECTION 80.  Section 504.652(b), Transportation Code, is
  amended to read as follows:
         (b)  After deduction of the department's administrative
  costs, the remainder of the fee for issuance of the license plates
  shall be deposited to the credit of an account in the general
  revenue fund. Money in the account may be used only by Texas A&M
  AgriLife [Cooperative] Extension for graduate student
  assistantships within the Texas Master Gardener program and to
  support Texas A&M AgriLife [Cooperative] Extension's activities
  related to the Texas Master Gardener program.
         SECTION 81.  Subchapter G, Chapter 504, Transportation Code,
  is amended by adding Section 504.663 to read as follows:
         Sec. 504.663.  BIG BROTHERS BIG SISTERS LICENSE PLATES. (a)
  The department shall issue specialty license plates in recognition
  of the mentoring efforts of Big Brothers Big Sisters of America
  organizations operating in this state. The department shall design
  the license plates in consultation with a representative from a Big
  Brothers Big Sisters of America organization operating in this
  state and the attorney general.
         (b)  After deduction of the department's administrative
  costs, the remainder of the fee for issuance of the license plates
  shall be deposited to the credit of the Specialty License Plates
  General Account in the general revenue fund. Money deposited to the
  credit of the Specialty License Plates General Account under this
  section may be used only by the attorney general to provide grants
  to benefit Big Brothers Big Sisters of America organizations
  operating in this state.
         SECTION 82.  Section 504.901, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  This section applies only to:
               (1)  a passenger vehicle with a gross weight of 6,000
  pounds or less; and
               (2)  a light truck with a gross weight of 10,000 pounds
  or less.
         SECTION 83.  Section 504.945(d), Transportation Code, is
  amended to read as follows:
         (d)  A court may dismiss a charge brought under Subsection
  (a)(3), (5), (6), or (7) if the defendant:
               (1)  remedies the defect before the defendant's first
  court appearance; [and]
               (2)  pays an administrative fee not to exceed $10; and
               (3)  shows that the vehicle was issued a plate by the
  department that was attached to the vehicle, establishing that the
  vehicle was registered for the period during which the offense was
  committed.
         SECTION 84.  Subchapter L, Chapter 504, Transportation Code,
  is amended by adding Sections 504.946, 504.947, and 504.948 to read
  as follows:
         Sec. 504.946.  DECEPTIVELY SIMILAR LICENSE PLATE. (a) A
  person commits an offense if the person:
               (1)  manufactures, sells, or possesses a license plate
  deceptively similar to a license plate issued by the department; or
               (2)  makes a copy or likeness of a license plate
  deceptively similar to a license plate issued by the department
  with intent to sell the copy or likeness.
         (b)  For the purposes of this section, a license plate is
  deceptively similar to a license plate issued by the department if
  it is not prescribed by the department but a reasonable person would
  presume that it was prescribed by the department.
         (c)  A district or county court, on application of the
  attorney general or of the district attorney or prosecuting
  attorney performing the duties of the district attorney for the
  district in which the court is located, may enjoin a violation or
  threatened violation of this section on a showing that a violation
  has occurred or is likely to occur.
         (d)  It is an affirmative defense to a prosecution under this
  section that the license plate was produced pursuant to a licensing
  agreement with the department.
         (e)  An offense under this section is:
               (1)  a felony of the third degree if the person
  manufactures or sells a deceptively similar license plate; or
               (2)  a Class C misdemeanor if the person possesses a
  deceptively similar license plate, except that the offense is a
  Class B misdemeanor if the person has previously been convicted of
  an offense under this subdivision.
         Sec. 504.947.  LICENSE PLATE FLIPPER; OFFENSE. (a) In this
  section "license plate flipper" means a manual, electric, or
  mechanical device designed or adapted to be installed on a motor
  vehicle and:
               (1)  switch between two or more license plates for the
  purpose of allowing a motor vehicle operator to change the license
  plate displayed on the operator's vehicle; or
               (2)  hide a license plate from view by flipping the
  license plate so that the license plate number is not visible.
         (b)  A person commits an offense if the person with criminal
  negligence uses, purchases, possesses, manufactures, sells, offers
  to sell, or otherwise distributes a license plate flipper. An
  offense under this subsection is a Class C misdemeanor, except that
  the offense is a Class B misdemeanor if the person has previously
  been convicted of an offense under this subsection.
         Sec. 504.948.  GENERAL PENALTY. (a) A person commits an
  offense if the person violates a provision of this chapter and no
  other penalty is prescribed for the violation.
         (b)  An offense under Subsection (a) is a misdemeanor
  punishable by a fine of not less than $5 or more than $200.
         SECTION 85.  Section 520.001, Transportation Code, is
  amended to read as follows:
         Sec. 520.001.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Board" means the board of the Texas Department of
  Motor Vehicles.
               (2)  "Department"[, "department"] means the Texas
  Department of Motor Vehicles.
         SECTION 86.  Section 520.003, Transportation Code, is
  amended to read as follows:
         Sec. 520.003.  RULES; [WAIVER OF] FEES; REFUNDS. (a) The
  department may adopt rules to administer this chapter, including
  rules that:
               (1)  waive the payment of fees if a dealer has gone out
  of business and the applicant can show that fees were paid to the
  dealer; and
               (2)  allow full and partial refunds for rejected
  titling and registration transactions.
         (b)  The department may collect from a person making a
  transaction with the department using the state electronic Internet
  portal project a fee set under Section 2054.2591, Government Code.
  All fees collected under this subsection shall be allocated to the
  department to provide for the department's costs associated with
  administering Section 2054.2591, Government Code.
         SECTION 87.  Section 520.005, Transportation Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  Notwithstanding the requirements of Section 520.0071
  [Sections 520.008 and 520.0091], the assessor-collector may
  license franchised and non-franchised motor vehicle dealers to
  title and register motor vehicles in accordance with rules adopted
  under Section 520.004.  The county assessor-collector may pay a fee
  to a motor vehicle dealer independent of or as part of the portion
  of the fees that would be collected by the county for each title and
  registration receipt issued.
         (d)  Each county assessor-collector shall process a
  registration renewal through an online system designated by the
  department.
         SECTION 88.  Section 520.006(a-1), Transportation Code, as
  added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of the
  82nd Legislature, Regular Session, 2011, is reenacted and amended
  to read as follows:
         (a-1)  A county assessor-collector collecting fees on behalf
  of a county that has been declared as a disaster area or that is
  closed for a protracted period of time as defined by the department
  for purposes of Section 501.023 or 502.040 may retain the
  commission for fees collected, but shall allocate the fees to the
  county declared as a disaster area or that is closed for a
  protracted period of time.
         SECTION 89.  Subchapter A, Chapter 520, Transportation Code,
  is amended by adding Section 520.0061 to read as follows:
         Sec. 520.0061.  CONTRACTS BETWEEN COUNTIES. (a) A county
  tax assessor-collector, with approval of the commissioners court of
  the county by order, may enter into an agreement with one or more
  counties to perform mail-in or online registration or titling
  duties.
         (b)  A contract entered into under Subsection (a) may be
  terminated by a county that is a party to the contract.
         SECTION 90.  Subchapter A, Chapter 520, Transportation Code,
  is amended by adding Section 520.0071 to read as follows:
         Sec. 520.0071.  DEPUTIES. (a) The board by rule shall
  prescribe:
               (1)  the classification types of deputies performing
  titling and registration duties;
               (2)  the duties and obligations of deputies;
               (3)  the type and amount of any bonds that may be
  required by a county assessor-collector for a deputy to perform
  titling and registration duties; and
               (4)  the fees that may be charged or retained by
  deputies.
         (b)  A county assessor-collector, with the approval of the
  commissioners court of the county, may deputize an individual or
  business entity to perform titling and registration services in
  accordance with rules adopted under Subsection (a).
         SECTION 91.  The heading to Section 520.0093, Transportation
  Code, is amended to read as follows:
         Sec. 520.0093.  LEASE OF [ADDITIONAL] COMPUTER EQUIPMENT.
         SECTION 92.  Section 520.0093, Transportation Code, is
  amended by amending Subsections (a), (c), and (e) and adding
  Subsection (b-1) to read as follows:
         (a)  The department may [This section applies only to the]
  lease [of] equipment and provide related services to a:
               (1)  county for the operation of the automated
  registration and titling system in addition to the equipment
  provided by the department at no cost to the county under a formula
  prescribed by the department; and
               (2)  deputy appointed under Section 520.0071.
         (b-1)  On the request of a deputy appointed under Section
  520.0071, the department may enter into an agreement under which
  the department leases equipment to the deputy for the use of the
  deputy in operating the automated registration and titling system.
  The department may require the deputy to post a bond in an amount
  equal to the value of the equipment.
         (c)  A county may install equipment leased under this section
  at offices of the county or of an agent of the county. A deputy
  appointed under Section 520.0071 may install equipment leased under
  this section on the premises described in the agreement.
         (e)  Under the agreement, the department shall charge an
  amount not less than the amount of the cost to the department to
  provide the [additional] equipment and any related services under
  the lease. All money collected under the lease shall be deposited
  to the credit of the state highway fund.
         SECTION 93.  Section 520.016(c), Transportation Code, is
  amended to read as follows:
         (c)  This section does not apply to a violation of Section
  520.006 or a rule adopted under Section 520.0071 [, 520.008,
  520.009, 520.0091, or 520.0092].
         SECTION 94.  Subchapter D, Chapter 551, Transportation Code,
  is amended by adding Section 551.304 to read as follows:
         Sec. 551.304.  LIMITED OPERATION. (a) An operator may
  operate a neighborhood electric vehicle:
               (1)  in a master planned community:
                     (A)  that has in place a uniform set of
  restrictive covenants; and
                     (B)  for which a county or municipality has
  approved a plat;
               (2)  on a public or private beach; or
               (3)  on a public highway for which the posted speed
  limit is not more than 35 miles per hour, if the neighborhood
  electric vehicle is operated:
                     (A)  during the daytime; and
                     (B)  not more than two miles from the location
  where the neighborhood electric vehicle is usually parked and for
  transportation to or from a golf course.
         (b)  A person is not required to register a neighborhood
  electric vehicle operated in compliance with this section.
         SECTION 95.  Section 551.402, Transportation Code, is
  amended to read as follows:
         Sec. 551.402.  REGISTRATION NOT AUTHORIZED. (a) The Texas
  Department of Motor Vehicles [Transportation] may not register a
  golf cart for operation on a public highway regardless of whether
  any alteration has been made to the golf cart.
         (b)  The Texas Department of Motor Vehicles [department] may
  issue license plates for a golf cart only as authorized by Section
  504.510.
         SECTION 96.  Section 601.052(a), Transportation Code, is
  amended to read as follows:
         (a)  Section 601.051 does not apply to:
               (1)  the operation of a motor vehicle that:
                     (A)  is a former military vehicle or is at least 25
  years old;
                     (B)  is used only for exhibitions, club
  activities, parades, and other functions of public interest and not
  for regular transportation; and
                     (C)  for which the owner files with the department
  an affidavit, signed by the owner, stating that the vehicle is a
  collector's item and used only as described by Paragraph (B);
               (2)  the operation of a neighborhood electric vehicle
  or a golf cart that is operated only as authorized by Section
  551.304 or 551.403; or
               (3)  a volunteer fire department for the operation of a
  motor vehicle the title of which is held in the name of a volunteer
  fire department.
         SECTION 97.  Section 621.001(4), Transportation Code, is
  amended to read as follows:
               (4)  "Director" means:
                     (A)  the executive director of the department; or
                     (B)  an employee of the department who is:
                           (i)  a division or special office director
  or holds a rank higher than division or special office director; and
                           (ii)  designated by the executive director
  [Texas Department of Motor Vehicles].
         SECTION 98.  Section 621.002(a), Transportation Code, is
  amended to read as follows:
         (a)  A copy of the registration receipt issued under Section
  502.057 [502.178] for a commercial motor vehicle, truck-tractor,
  trailer, or semitrailer shall be:
               (1)  carried on the vehicle when the vehicle is on a
  public highway; and
               (2)  presented to an officer authorized to enforce this
  chapter on request of the officer.
         SECTION 99.  Section 621.301(b), Transportation Code, is
  amended to read as follows:
         (b)  The commissioners court may limit the maximum weights to
  be moved on or over a county road, bridge, or culvert by exercising
  its authority under this subsection in the same manner and under the
  same conditions provided by Section 621.102 for the Texas
  Department of Transportation [commission] to limit maximum weights
  on highways and roads to which that section applies.
         SECTION 100.  Subchapter D, Chapter 621, Transportation
  Code, is amended by adding Section 621.304 to read as follows:
         Sec. 621.304.  RESTRICTION ON LOCAL GOVERNMENT AUTHORITY TO
  REGULATE OVERWEIGHT VEHICLES AND LOADS ON STATE HIGHWAY SYSTEM.
  Except as expressly authorized by this subtitle, a county or
  municipality may not require a permit, bond, fee, or license for the
  movement of a vehicle or combination of vehicles or any load carried
  by the vehicle or vehicles on the state highway system in the county
  or municipality that exceeds the weight or size limits on the state
  highway system.
         SECTION 101.  Section 621.503, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A violation of this section is subject to administrative
  enforcement under Subchapter N, Chapter 623, except that
  administrative enforcement may not be imposed on a person described
  by Subsection (a) if the person is an entity or is owned by the same
  entity that operated the loaded vehicle and has been assessed a
  criminal penalty under this subtitle for a violation associated
  with the load.
         SECTION 102.  Section 621.506, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (b-1), (b-2), (b-3), and (i) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  operates a vehicle or combination of vehicles in
  violation of Section 621.101, 622.012, 622.031, 622.041, 622.0435,
  622.051, 622.061, 622.133, 622.953, or 623.162; or
               (2)  loads a vehicle or causes a vehicle to be loaded in
  violation of Section 621.503.
         (b)  Except as provided by Subsections (b-1), (b-2), and
  (b-3), an [An] offense under this section is a misdemeanor
  punishable:
               (1)  by a fine of not less than $100 and not more than
  $250 [$150];
               (2)  on conviction of an offense involving a vehicle
  having a single axle weight or tandem axle weight that is heavier
  than the vehicle's allowable weight, by a fine according to the
  following schedule:
 
Pounds Overweight Fine Range
 
less than 2,500 $100 to $500
 
2,500-5,000 $500 to $1,000
 
more than 5,000 $1,000 to $2,500; or
               (3)  on conviction of an offense involving a vehicle
  having a [single axle weight, tandem axle weight, or] gross weight
  that is [more than 5,000 but not more than 10,000 pounds] heavier
  than the vehicle's allowable weight, by a fine according to the
  following schedule:
 
Pounds Overweight Fine Range
 
less than 2,500 $100 to $500
 
2,500-5,000 $500 to $1,000
 
5,001-10,000 $1,000 to $2,500
 
10,001-20,000 $2,500 to $5,000
 
20,001-40,000 $5,000 to $7,000
 
more than 40,000 $7,000 to $10,000.
         (b-1)  On conviction of a third offense punishable under
  Subsection (b)(2) or (3), before the first anniversary of the date
  of a previous conviction of an offense punishable under Subsection
  (b)(2) or (3), the defendant shall be punished [of not less than
  $300 or more than $500;
               [(3)     on conviction of an offense involving a vehicle
  having a single axle weight, tandem axle weight, or gross weight
  that is more than 10,000 pounds heavier than the vehicle's
  allowable weight, by a fine of not less than $500 or more than
  $1,000; or
               [(4)     on conviction before the first anniversary of the
  date of a previous conviction under this section,] by a fine in an
  amount not to exceed [that is] twice the maximum amount specified
  by Subsection (b)(2) [Subdivision (1), (2),] or (3).
         (b-2)  A defendant operating a vehicle or combination of
  vehicles at a weight for which a permit issued under this subtitle
  would authorize the operation, but who does not hold the permit,
  shall be punished by a fine in addition to the fine imposed under
  Subsection (b) of not less than $500 or more than $1,000, except
  that for a second or subsequent conviction under this section, the
  offense is punishable by an additional fine of not less than $2,500
  or more than $5,000.
         (b-3)  A defendant operating a vehicle or combination of
  vehicles at a weight in excess of 84,000 pounds with a load that can
  reasonably be dismantled shall be punished by a fine in addition to
  the fine imposed under Subsection (b) of not less than $500 or more
  than $1,000, except that for a second or subsequent conviction
  under this section, the offense is punishable by an additional fine
  of not less than $2,500 or more than $5,000.
         (i)  A fine may not be imposed under this section that
  exceeds the minimum dollar amount that may be imposed unless the
  vehicle's weight was determined by a portable or stationary scale
  furnished or approved by the Department of Public Safety.
         SECTION 103.  Subchapter G, Chapter 621, Transportation
  Code, is amended by adding Section 621.510 to read as follows:
         Sec. 621.510.  PERMIT VOID. A permit issued under this
  chapter is void on the failure of the owner or the owner's
  representative to comply with a rule of the board or with a
  condition placed on the permit by the department.
         SECTION 104.  Section 622.012(b), Transportation Code, is
  amended to read as follows:
         (b)  A truck may be operated at a weight that exceeds the
  maximum single axle or tandem axle weight limitation by not more
  than 10 percent if the gross weight is not heavier than 69,000
  pounds and the department has issued a permit that authorizes the
  operation of the vehicle under Section 623.0171.
         SECTION 105.  Section 622.074, Transportation Code, is
  amended to read as follows:
         Sec. 622.074.  NONAPPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to:
               (1)  farm equipment used for a purpose other than
  construction;
               (2)  special mobile equipment owned by a dealer or
  distributor;
               (3)  a vehicle used to propel special mobile equipment
  that is registered as a farm vehicle under [as defined by] Section
  502.433 [502.163]; or
               (4)  equipment while being used by a commercial hauler
  to transport special mobile equipment under hire of a person who
  derives $500 in gross receipts annually from a farming or ranching
  enterprise.
         SECTION 106.  Section 622.901, Transportation Code, is
  amended to read as follows:
         Sec. 622.901.  WIDTH EXCEPTIONS. The width limitation
  provided by Section 621.201 does not apply to:
               (1)  highway building or maintenance machinery that is
  traveling:
                     (A)  during daylight on a public highway other
  than a highway that is part of the national system of interstate and
  defense highways; or
                     (B)  for not more than 50 miles on a highway that
  is part of the national system of interstate and defense highways;
               (2)  a vehicle traveling during daylight on a public
  highway other than a highway that is part of the national system of
  interstate and defense highways or traveling for not more than 50
  miles on a highway that is part of the national system of interstate
  and defense highways if the vehicle is:
                     (A)  a farm tractor or implement of husbandry; or
                     (B)  a vehicle on which a farm tractor or
  implement of husbandry, other than a tractor or implement being
  transported from one dealer to another, is being moved by the owner
  of the tractor or implement or by an agent or employee of the owner:
                           (i)  to deliver the tractor or implement to a
  new owner;
                           (ii)  to transport the tractor or implement
  to or from a mechanic for maintenance or repair; or
                           (iii)  in the course of an agricultural
  operation;
               (3)  machinery that is used solely for drilling water
  wells, including machinery that is a unit or a unit mounted on a
  conventional vehicle or chassis, and that is traveling:
                     (A)  during daylight on a public highway other
  than a highway that is part of the national system of interstate and
  defense highways; or
                     (B)  for not more than 50 miles on a highway that
  is part of the national system of interstate and defense highways;
               (4)  a vehicle owned or operated by a public, private,
  or volunteer fire department;
               (5)  a vehicle registered under Section 502.431
  [502.164]; or
               (6)  a recreational vehicle to which Section 622.903
  applies.
         SECTION 107.  Section 623.011(b), Transportation Code, is
  amended to read as follows:
         (b)  To qualify for a permit under this section:
               (1)  the vehicle must be registered under Chapter 502
  for the maximum gross weight applicable to the vehicle under
  Section 621.101, not to exceed 80,000 pounds;
               (2)  the security requirement of Section 623.012 must
  be satisfied; and
               (3)  a base permit fee of $90, any additional fee
  required by Section 623.0111, and any additional fee set by the
  board [department] under Section 623.0112 must be paid.
         SECTION 108.  Sections 623.012(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  An applicant for a permit under Section 623.011, other
  than a permit under that section to operate a vehicle loaded with
  timber or pulp wood, wood chips, cotton, or agricultural products
  in their natural state, and an applicant for a permit under Section
  623.321 shall file with the department:
               (1)  a blanket bond; or
               (2)  an irrevocable letter of credit issued by a
  financial institution the deposits of which are guaranteed by the
  Federal Deposit Insurance Corporation.
         (b)  The bond or letter of credit must:
               (1)  be in the amount of $15,000 payable to the Texas
  Department of Transportation and the counties of this state;
               (2)  be conditioned that the applicant will pay the
  Texas Department of Transportation for any damage to a state
  highway, and a county for any damage to a road or bridge of the
  county, caused by the operation of the vehicle:
                     (A)  for which the permit is issued at a heavier
  weight than the maximum weights authorized by Subchapter B of
  Chapter 621 or Section 621.301 or 623.321; or
                     (B)  that is in violation of Section 623.323; and
               (3)  provide that the issuer is to notify the Texas
  Department of Transportation and the applicant in writing promptly
  after a payment is made by the issuer on the bond or letter of
  credit.
         SECTION 109.  Sections 623.014(c) and (d), Transportation
  Code, are amended to read as follows:
         (c)  The department shall issue the prorated credit if the
  person:
               (1)  pays the fee adopted by the board [department];
  and
               (2)  provides the department with:
                     (A)  the original permit; or
                     (B)  if the original permit does not exist,
  written evidence in a form approved by the department that the
  vehicle has been destroyed or is permanently inoperable.
         (d)  The fee adopted by the board [department] under
  Subsection (c)(1) may not exceed the cost of issuing the credit.
         SECTION 110.  Subchapter B, Chapter 623, Transportation
  Code, is amended by adding Section 623.0171 to read as follows:
         Sec. 623.0171.  PERMIT FOR READY-MIXED CONCRETE TRUCKS. (a)
  In this section, "ready-mixed concrete truck" has the meaning
  assigned by Section 622.011.
         (b)  The department may issue a permit that authorizes the
  operation of a ready-mixed concrete truck with three axles.
         (c)  To qualify for a permit under this section, a base
  permit fee of $1,000 must be paid, except as provided by Subsection
  (g).
         (d)  A permit issued under this section:
               (1)  is valid for one year, except as provided by
  Subsection (g); and
               (2)  must be carried in the vehicle for which it is
  issued.
         (e)  When the department issues a permit under this section,
  the department shall issue a sticker to be placed on the front
  windshield of the vehicle above the inspection certificate issued
  to the vehicle. The department shall design the form of the sticker
  to aid in the enforcement of weight limits for vehicles.
         (f)  The sticker must:
               (1)  indicate the expiration date of the permit; and
               (2)  be removed from the vehicle when:
                     (A)  the permit for operation of the vehicle
  expires;
                     (B)  a lease of the vehicle expires; or
                     (C)  the vehicle is sold.
         (g)  The department may issue a permit under this section
  that is valid for a period of less than one year. The department
  shall prorate the applicable fee required by Subsection (c) for a
  permit issued under this subsection as necessary to reflect the
  term of the permit.
         (h)  Unless otherwise provided by state or federal law, a
  county or municipality may not require a permit, fee, or license for
  the operation of a ready-mixed concrete truck in addition to a
  permit, fee, or license required by state law.
         (i)  Section 622.015 does not apply to an owner of a
  ready-mixed concrete truck who holds a permit under this section
  for the truck.
         (j)  Unless otherwise provided by state or federal law, a
  ready-mixed concrete truck may operate on a state, county, or
  municipal road, including a load-zoned county road or a frontage
  road adjacent to a federal interstate highway, if the truck
  displays a sticker required by Subsection (e) and does not exceed
  the maximum gross weight authorized under Section 622.012.
         (k)  For the purposes of Subsection (l), the department by
  rule shall require an applicant to designate in the permit
  application the counties in which the applicant intends to operate.
         (l)  Of the fee collected under this section for a permit:
               (1)  50 percent of the amount collected shall be
  deposited to the credit of the state highway fund; and
               (2)  the other 50 percent shall be divided among and
  distributed to the counties designated in permit applications under
  Subsection (k) according to department rule.
         (m)  At least once each fiscal year, the comptroller shall
  send the amount due each county under Subsection (l) to the county
  treasurer or officer performing the function of that office for
  deposit to the credit of the county road and bridge fund.
         SECTION 111.  Section 623.019, Transportation Code, is
  amended by amending Subsections (b), (c), and (d) and adding
  Subsection (h) to read as follows:
         (b)  Except as provided by Subsections (c) and (d), an
  offense under Subsection (a) is a misdemeanor punishable by a fine
  of not less than $100 or more than $250 [$150].
         (c)  An offense under Subsection (a) is a misdemeanor and,
  except as provided by Subsection (d), is punishable by a fine
  according to the following schedules if the offense involves a
  vehicle [of]:
               (1)  having a single axle weight or tandem axle weight
  that is heavier than the vehicle's allowable weight:
 
Pounds Overweight Fine Range
 
less than 2,500 $100 to $500
 
2,500-5,000 $500 to $1,000
 
more than 5,000 $1,000 to $2,500; or
               (2)  [not less than $300 or more than $500 if the
  offense involves a vehicle] having a gross weight that is heavier
  than the vehicle's allowable gross weight:
 
Pounds Overweight Fine Range
 
less than 2,500 $100 to $500
 
2,500-5,000 $500 to $1,000
 
5,001-10,000 $1,000 to $2,500
 
10,001-20,000 $2,500 to $5,000
 
20,001-40,000 $5,000 to $7,000
 
more than 40,000 $7,000 to $10,000
  [5,000 but not heavier than 10,000 pounds over the vehicle's
  allowable gross weight; or
               [(2)     not less than $500 or more than $1,000 if the
  offense involves a vehicle having a gross weight that is at least
  10,000 pounds heavier than the vehicle's allowable gross weight.]
         (d)  On conviction of a third offense under Subsection (a),
  before the first anniversary of the date of a previous conviction
  under that subsection [Subsection (a)], the defendant shall be
  punished [an offense is punishable] by a fine in an amount not to
  exceed [that is] twice the maximum amount specified by Subsection
  (c).
         (h)  A fine may not be imposed under this section that
  exceeds the minimum dollar amount that may be imposed unless the
  vehicle's weight was determined by a portable or stationary scale
  furnished or approved by the Department of Public Safety.
         SECTION 112.  The heading to Section 623.0711,
  Transportation Code, is amended to read as follows:
         Sec. 623.0711.  PERMITS AUTHORIZED BY BOARD [COMMISSION].
         SECTION 113.  Sections 623.0711(a), (b), (c), (d), (f), (g),
  and (h), Transportation Code, are amended to read as follows:
         (a)  The board [commission] by rule may authorize the
  department to issue a permit to a motor carrier, as defined by
  Section 643.001, to transport multiple loads of the same commodity
  over a state highway if all of the loads are traveling between the
  same general locations.
         (b)  The board [commission] may not authorize the issuance of
  a permit that would allow a vehicle to:
               (1)  violate federal regulations on size and weight
  requirements; or
               (2)  transport equipment that could reasonably be
  dismantled for transportation as separate loads.
         (c)  The board [commission] rules must require that, before
  the department issues a permit under this section, the department:
               (1)  determine that the state will benefit from the
  consolidated permitting process; and
               (2)  complete a route and engineering study that
  considers:
                     (A)  the estimated number of loads to be
  transported by the motor carrier under the permit;
                     (B)  the size and weight of the commodity;
                     (C)  available routes that can accommodate the
  size and weight of the vehicle and load to be transported;
                     (D)  the potential roadway damage caused by
  repeated use of the road by the permitted vehicle;
                     (E)  any disruption caused by the movement of the
  permitted vehicle; and
                     (F)  the safety of the traveling public.
         (d)  The board [commission] rules may authorize the
  department to impose on the motor carrier any condition regarding
  routing, time of travel, axle weight, and escort vehicles necessary
  to ensure safe operation and minimal damage to the roadway.
         (f)  The board [commission] shall require the motor carrier
  to file a bond in an amount set by the board [commission], payable
  to the Texas Department of Transportation [department] and
  conditioned on the motor carrier paying to the Texas Department of
  Transportation [department] any damage that is sustained to a state
  highway because of the operation of a vehicle under a permit issued
  under this section.
         (g)  An application for a permit under this section must be
  accompanied by the permit fee established by the board [commission]
  for the permit, not to exceed $9,000. The department shall send each
  fee to the comptroller for deposit to the credit of the state
  highway fund.
         (h)  In addition to the fee established under Subsection (g),
  the board [commission] rules must authorize the department to
  collect a consolidated permit payment for a permit under this
  section in an amount not to exceed 15 percent of the fee established
  under Subsection (g), to be deposited to the credit of the state
  highway fund.
         SECTION 114.  Section 623.078(b), Transportation Code, is
  amended to read as follows:
         (b)  The department [board] shall send each fee collected
  under Subsection (a) to the comptroller for deposit to the credit of
  the state highway fund.
         SECTION 115.  Section 623.144, Transportation Code, is
  amended to read as follows:
         Sec. 623.144.  REGISTRATION OF VEHICLE. (a) A person may
  not operate a vehicle permitted [A permit] under this subchapter on
  a public highway unless [may be issued only if] the vehicle is
  registered under Chapter 502 for the maximum gross weight
  applicable to the vehicle under Section 621.101 or has specialty
  [the distinguishing] license plates as provided by Section 502.146
  [504.504] if applicable to the vehicle.
         (b)  The department may not issue specialty license plates to
  a vehicle described by Section 502.146(b)(3) unless the applicant
  complies with the requirements of that subsection.
         SECTION 116.  Section 623.149(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may establish criteria to determine
  whether oil well servicing, oil well clean out, or oil well drilling
  machinery or equipment is subject to registration under Chapter 502
  or eligible for the distinguishing license plate provided by
  Section 502.146 [504.504].
         SECTION 117.  Section 623.194, Transportation Code, is
  amended to read as follows:
         Sec. 623.194.  REGISTRATION OF VEHICLE. A permit under this
  subchapter may be issued only if the vehicle to be moved is
  registered under Chapter 502 for the maximum gross weight
  applicable to the vehicle under Section 621.101 or has the
  distinguishing license plates as provided by Section 502.146
  [504.504] if applicable to the vehicle.
         SECTION 118.  Section 623.199(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may establish criteria to determine
  whether an unladen lift equipment motor vehicle that because of its
  design for use as lift equipment exceeds the maximum weight and
  width limitations prescribed by statute is subject to registration
  under Chapter 502 or eligible for the distinguishing license plate
  provided by Section 502.146 [504.504].
         SECTION 119.  Chapter 623, Transportation Code, is amended
  by adding Subchapter Q to read as follows:
  SUBCHAPTER Q. VEHICLES TRANSPORTING TIMBER
         Sec. 623.321.  PERMIT. (a) The department may issue a
  permit under this subchapter, as an alternative to a permit issued
  under Section 623.011, authorizing a person to operate a vehicle or
  combination of vehicles that is being used to transport unrefined
  timber, wood chips, or woody biomass in a county identified as a
  timber producing county in the most recent edition of the Texas A&M
  Forest Service's Harvest Trends Report as of May 15, 2013, at the
  weight limits prescribed by Subsection (b).
         (b)  A person may operate over a road or highway a vehicle or
  combination of vehicles issued a permit under this section at a
  gross weight that is not heavier than 84,000 pounds, if the gross
  load carried on any tandem axle of the vehicle or combination of
  vehicles does not exceed 44,000 pounds.
         (c)  Section 621.508 does not apply to a vehicle or
  combination of vehicles operated under this section.
         (d)  The department shall annually update the number of
  timber producing counties described by Subsection (a) based on the
  most recent edition of the Texas A&M Forest Service's Harvest
  Trends Report.
         Sec. 623.322.  QUALIFICATION; REQUIREMENTS. (a) To qualify
  for a permit under this subchapter for a vehicle or combination of
  vehicles, a person must:
               (1)  pay a permit fee of $1,500;
               (2)  designate in the permit application the timber
  producing counties described by Section 623.321(a) in which the
  vehicle or combination of vehicles will be operated; and
               (3)  satisfy the security requirement of Section
  623.012.
         (b)  A permit issued under this subchapter:
               (1)  is valid for one year; and
               (2)  must be carried in the vehicle for which it is
  issued.
         Sec. 623.323.  NOTIFICATION. (a) For purposes of this
  section, "financially responsible party" means the owner of the
  vehicle or combination of vehicles, the party operating the vehicle
  or combination of vehicles, or a person that hires, leases, rents,
  or subcontracts the vehicle or combination of vehicles for use on a
  road maintained by a county or a state highway.
         (b)  Before a vehicle or combination of vehicles for which a
  permit is issued under this subchapter may be operated on a road
  maintained by a county or a state highway, the financially
  responsible party shall execute a notification document and agree
  to reimburse the county or the state, as applicable, for damage to a
  road or highway sustained as a consequence of the transportation
  authorized by the permit. At a minimum, the notification document
  must include:
               (1)  the name and address of the financially
  responsible party;
               (2)  a description of each permit issued for the
  vehicle or combination of vehicles;
               (3)  a description of the method of compliance by the
  financially responsible party with Sections 601.051 and 623.012;
               (4)  the address or location of the geographic area in
  which the financially responsible party wishes to operate a vehicle
  or combination of vehicles and a designation of the specific route
  of travel anticipated by the financially responsible party,
  including the name or number of each road maintained by a county or
  state highway;
               (5)  a calendar or schedule of duration that includes
  the days and hours of operation during which the financially
  responsible party reasonably anticipates using the county road or
  state highway identified in Subdivision (4); and
               (6)  a list of each vehicle or combination of vehicles
  by license plate number or other registration information, and a
  description of the means by which financial responsibility is
  established for each vehicle or combination of vehicles if each
  vehicle or combination of vehicles is not covered by a single
  insurance policy, surety bond, deposit, or other means of financial
  assurance.
         (c)  A financially responsible party shall electronically
  file the notification document described by Subsection (b) with the
  department under rules adopted by the department not later than the
  second business day before the first business day listed by the
  financially responsible party under Subsection (b)(5). The
  department shall immediately send an electronic copy of the
  notification document to each county identified in the notification
  document and the Texas Department of Transportation and an
  electronic receipt for the notification document to the financially
  responsible party. Not later than the first business day listed by
  the financially responsible party under Subsection (b)(5), a county
  or the Texas Department of Transportation may inspect a road or
  highway identified in the notification document. If an inspection
  is conducted under this subsection, a county or the Texas
  Department of Transportation shall:
               (1)  document the condition of the roads or highways
  and take photographs of the roads or highways as necessary to
  establish a baseline for any subsequent assessment of damage
  sustained by the financially responsible party's use of the roads
  or highways; and
               (2)  provide a copy of the documentation to the
  financially responsible party.
         (d)  If an inspection has been conducted under Subsection
  (c), a county or the Texas Department of Transportation, as
  applicable, shall, not later than the fifth business day after the
  expiration of the calendar or schedule of duration described by
  Subsection (b)(5):
               (1)  conduct an inspection described by Subsection
  (c)(1) to determine any damage sustained by the financially
  responsible party's use of the roads or highways; and
               (2)  provide a copy of the inspection documentation to
  the financially responsible party.
         (e)  The state or a county required to be notified under this
  section may assert a claim against any security posted under
  Section 623.012 or insurance filed under Section 643.103 for damage
  to a road or highway sustained as a consequence of the
  transportation authorized by the permit.
         (f)  This section does not apply to a vehicle or combination
  of vehicles that are being used to transport unrefined timber, wood
  chips, or woody biomass from:
               (1)  a storage yard to the place of first processing; or
               (2)  outside this state to a place of first processing
  in this state.
         Sec. 623.324.  DISPOSITION OF FEE. (a) Of the fee collected
  under Section 623.322 for a permit:
               (1)  50 percent of the amount collected shall be
  deposited to the credit of the state highway fund; and
               (2)  the other 50 percent shall be divided equally
  among all counties designated in the permit application under
  Section 623.322(a)(2).
         (b)  At least once each fiscal year, the comptroller shall
  send the amount due each county under Subsection (a) to the county
  treasurer or officer performing the function of that office for
  deposit to the credit of the county road and bridge fund.
         Sec. 623.325.  INTERSTATE AND DEFENSE HIGHWAYS. (a) This
  subchapter does not authorize the operation on the national system
  of interstate and defense highways in this state of a vehicle of a
  size or weight greater than those permitted under 23 U.S.C. Section
  127.
         (b)  If the United States authorizes the operation on the
  national system of interstate and defense highways of a vehicle of a
  size or weight greater than those permitted under 23 U.S.C. Section
  127 on September 1, 2013, the new limit automatically takes effect
  on the national system of interstate and defense highways in this
  state.
         SECTION 120.  Chapter 623, Transportation Code, is amended
  by adding Subchapter R to read as follows:
  SUBCHAPTER R. PERMIT TO DELIVER RELIEF SUPPLIES DURING NATIONAL
  EMERGENCY
         Sec. 623.341.  PERMIT TO DELIVER RELIEF SUPPLIES. (a)
  Notwithstanding any other law, the department may issue a special
  permit during a major disaster as declared by the president of the
  United States under the Robert T. Stafford Disaster Relief and
  Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) to an
  overweight or oversize vehicle or load that:
               (1)  can easily be dismantled or divided; and
               (2)  will be used only to deliver relief supplies.
         (b)  A permit issued under this section expires not later
  than the 120th day after the date of the major disaster declaration.
         Sec. 623.342.  RULES. The board may adopt rules necessary to
  implement this subchapter, including rules that establish the
  requirements for obtaining a permit.
         Sec. 623.343.  PERMIT CONDITIONS. The department may impose
  conditions on a permit holder to ensure the safe operation of a
  permitted vehicle and minimize damage to roadways, including
  requirements related to vehicle routing, hours of operation, weight
  limits, and lighting and requirements for escort vehicles.
         SECTION 121.  Section 642.002(a), Transportation Code, is
  amended to read as follows:
         (a)  A person commits an offense if:
               (1)  the person operates on a public street, road, or
  highway:
                     (A)  a commercial motor vehicle that has three or
  more axles;
                     (B)  a truck-tractor;
                     (C)  a road-tractor; or
                     (D)  a tow truck; and
               (2)  the vehicle does not have on each side of the power
  unit identifying markings that comply with the identifying marking
  requirements specified by 49 C.F.R. Section 390.21 or that:
                     (A)  show the name of the owner or operator of the
  vehicle;
                     (B)  have clearly legible letters and numbers of a
  height of at least two inches; and
                     (C)  show the motor carrier registration number in
  clearly legible letters and numbers, if the vehicle is required to
  be registered under this chapter or Chapter 643.
         SECTION 122.  The heading to Section 643.054, Transportation
  Code, is amended to read as follows:
         Sec. 643.054.  DEPARTMENT APPROVAL AND DENIAL; ISSUANCE OF
  CERTIFICATE.
         SECTION 123.  Section 643.054, Transportation Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (a-2), and (a-3) to read as follows:
         (a)  The department shall register a motor carrier under this
  subchapter if the carrier complies with Sections 643.052 and
  643.053.
         (a-1)  The department may deny a registration if the
  applicant has had a registration revoked under Section 643.252.
         (a-2)  The department may deny a registration if the
  applicant's business is operated, managed, or otherwise controlled
  by or affiliated with a person, including the applicant, a
  relative, family member, corporate officer, or shareholder, whom
  the Department of Public Safety has determined has:
               (1)  an unsatisfactory safety rating under 49 C.F.R.
  Part 385; or
               (2)  multiple violations of Chapter 644, a rule adopted
  under that chapter, or Subtitle C.
         (a-3)  The department may deny a registration if the
  applicant is a motor carrier whose business is operated, managed,
  or otherwise controlled by or affiliated with a person, including
  an owner, relative, family member, corporate officer, or
  shareholder, whom the Department of Public Safety has determined
  has:
               (1)  an unsatisfactory safety rating under 49 C.F.R.
  Part 385; or
               (2)  multiple violations of Chapter 644, a rule adopted
  under that chapter, or Subtitle C.
         SECTION 124.  Section 643.064, Transportation Code, is
  amended to read as follows:
         Sec. 643.064.  [ISSUANCE OF] UNITED STATES DEPARTMENT OF
  TRANSPORTATION NUMBERS. (a) The department by rule shall provide
  for the issuance to a motor carrier of an identification number
  authorized by the Federal Motor Carrier Safety Administration. A
  rule must conform to rules of the Federal Motor Carrier Safety
  Administration or its successor.
         (b)  A motor carrier required to register under this
  subchapter shall maintain an authorized identification number
  issued to the motor carrier by the Federal Motor Carrier Safety
  Administration, its successor, or another person authorized to
  issue the number.
         SECTION 125.  Subchapter F, Chapter 643, Transportation
  Code, is amended by adding Section 643.2526 to read as follows:
         Sec. 643.2526.  APPEAL OF DENIAL OF REGISTRATION, RENEWAL,
  OR REINSTATEMENT. (a) Notwithstanding any other law, a denial of an
  application for registration, renewal of registration, or
  reinstatement of registration under this chapter is not required to
  be preceded by notice and an opportunity for hearing.
         (b)  An applicant may appeal a denial under this chapter by
  filing an appeal with the department not later than the 26th day
  after the date the department issues notice of the denial to the
  applicant.
         (c)  If the appeal of the denial is successful and the
  application is found to be compliant with this chapter, the
  application shall be considered to have been properly filed on the
  date the finding is entered.
         SECTION 126.  Section 648.051(b), Transportation Code, is
  amended to read as follows:
         (b)  This subchapter supersedes that portion of any paired
  city, paired state, or similar understanding governing foreign
  commercial motor vehicles or motor carriers entered into under
  Section 502.091 [502.054] or any other law.
         SECTION 127.  Section 648.102(a), Transportation Code, is
  amended to read as follows:
         (a)  The Texas Department of Motor Vehicles [Transportation]
  shall adopt rules that conform with 49 C.F.R. Part 387 requiring
  motor carriers operating foreign commercial motor vehicles in this
  state to maintain financial responsibility.
         SECTION 128.  Section 681.003(b), Transportation Code, is
  amended to read as follows:
         (b)  An application for a disabled parking placard must be:
               (1)  on a form furnished by the department;
               (2)  submitted to the county assessor-collector of the
  county in which the person with the disability resides or in which
  the applicant is seeking medical treatment if the applicant is not a
  resident of this state; and
               (3)  accompanied by a fee of $5 if the application is
  for a temporary placard.
         SECTION 129.  Section 681.0031, Transportation Code, is
  amended to read as follows:
         Sec. 681.0031.  APPLICANT'S [DRIVER'S LICENSE OR PERSONAL]
  IDENTIFICATION [CARD NUMBER]. (a) The applicant shall include on
  the application the applicant's:
               (1)  driver's license number or the number of a personal
  identification card issued to the applicant under Chapter 521;
               (2)  military identification number; or
               (3)  driver's license number of a driver's license
  issued by another state or country if the applicant is not a
  resident of this state and is seeking medical treatment in this
  state. [The department shall provide for this information in
  prescribing the application form.]
         (b)  The county assessor-collector shall record on any
  disabled parking placard issued to the applicant the following
  information in the following order:
               (1)  the county number assigned by the comptroller to
  the county issuing the placard;
               (2)  the first four digits of the applicant's driver's
  license number, personal identification card number, or military
  identification number; and
               (3)  the applicant's initials.
         SECTION 130.  Section 681.004(c), Transportation Code, is
  amended to read as follows:
         (c)  A disabled parking placard issued to a person with a
  permanent disability:
               (1)  is valid for:
                     (A)  [a period of] four years for a resident of
  this state; and
                     (B)  six months for a person who is not a resident
  of this state; and
               (2)  shall be replaced or renewed on request of the
  person to whom the initial card was issued without presentation of
  evidence of eligibility.
         SECTION 131.  Section 681.012, Transportation Code, is
  amended to read as follows:
         Sec. 681.012.  SEIZURE AND REVOCATION OF PLACARD. (a) A law
  enforcement officer who believes that an offense under Section
  681.011(a) or (d) has occurred in the officer's presence shall
  seize any disabled parking placard involved in the offense. Not
  later than 48 hours after the seizure, the officer shall determine
  whether probable cause existed to believe that the offense was
  committed. If the officer does not find that probable cause
  existed, the officer shall promptly return each placard to the
  person from whom it was seized. If the officer finds that probable
  cause existed, the officer, not later than the fifth day after the
  date of the seizure, shall destroy the [submit each seized] placard
  and notify [to] the department.
         (a-1)  A peace officer may seize a disabled parking placard
  from a person who operates a vehicle on which a disabled parking
  placard is displayed if the peace officer determines by inspecting
  the person's driver's license, [or] personal identification
  certificate, or military identification that the disabled parking
  placard does not contain the first four digits of the driver's
  license number, [or] personal identification certificate number,
  or military identification number and the initials of:
               (1)  the person operating the vehicle;
               (2)  the applicant on behalf of a person being
  transported by the vehicle; or
               (3)  a person being transported by the vehicle.
         (a-2)  A peace officer shall destroy a seized [submit each
  seized parking] placard and notify [to] the department [not later
  than the fifth day after the seizure].
         (b)  On seizure of a placard [submission to the department]
  under Subsection (a) or (a-1) [(a-2)], a placard is revoked.  On
  request of the person from whom the placard was seized, the
  department shall conduct a hearing and determine whether the
  revocation should continue or the placard should be returned to the
  person and the revocation rescinded.
         SECTION 132.  Section 728.002(d), Transportation Code, is
  amended to read as follows:
         (d)  This section does not prohibit the quoting of a price
  for a motor home or [,] tow truck[, or towable recreational vehicle]
  at a show or exhibition described by Section 2301.358, Occupations
  Code.
         SECTION 133.  Section 730.007(c), Transportation Code, is
  amended to read as follows:
         (c)  This section does not:
               (1)  prohibit the disclosure of a person's photographic
  image to:
                     (A)  a law enforcement agency, the Texas
  Department of Motor Vehicles, a county tax assessor-collector, or a
  criminal justice agency for an official purpose;
                     (B)  an agency of this state investigating an
  alleged violation of a state or federal law relating to the
  obtaining, selling, or purchasing of a benefit authorized by
  Chapter 31 or 33, Human Resources Code; or
                     (C)  an agency of this state investigating an
  alleged violation of a state or federal law under authority
  provided by Title 4, Labor Code; or
               (2)  prevent a court from compelling by subpoena the
  production of a person's photographic image.
         SECTION 134.  Section 1001.009(c), Transportation Code, is
  amended to read as follows:
         (c)  The rules adopted under Subsection (a) may:
               (1)  authorize the use of electronic funds transfer or
  a valid debit or credit card issued by a financial institution
  chartered by a state, the United States, or a nationally recognized
  credit organization approved by the department; [and]
               (2)  require the payment of a discount or service
  charge for a credit card payment in addition to the fee; and
               (3)  require an overpayment of a motor vehicle or
  salvage dealer license fee of:
                     (A)  less than $10 to be credited toward a future
  fee requirement; and
                     (B)  more than $10 to be refunded.
         SECTION 135.  Subchapter A, Chapter 1001, Transportation
  Code, is amended by adding Section 1001.012 to read as follows:
         Sec. 1001.012.  IMMUNITY FROM LIABILITY. (a)
  Notwithstanding any other law, the executive director, a board
  member, or an employee is not personally liable for damages
  resulting from an official act or omission unless the act or
  omission constitutes intentional or malicious malfeasance.
         (b)  To the extent a person described by Subsection (a) is
  personally liable for damages for which the state provides
  indemnity under Chapter 104, Civil Practice and Remedies Code, this
  section does not affect the state's liability for the indemnity.
         SECTION 136.  Subchapter A, Chapter 1001, Transportation
  Code, is amended by adding Section 1001.013 to read as follows:
         Sec. 1001.013.  PERFORMANCE OF CERTAIN DEPARTMENT FUNCTIONS
  BY AUTHORIZED BUSINESS. (a) The executive director of the
  department may authorize a business entity to perform a department
  function in accordance with rules adopted under Subsection (b).
         (b)  The board by rule shall prescribe:
               (1)  the classification types of businesses that are
  authorized to perform certain department functions;
               (2)  the duties and obligations of an authorized
  business;
               (3)  the type and amount of any bonds that may be
  required for a business to perform certain functions; and
               (4)  the fees that may be charged or retained by a
  business authorized under this section.
         SECTION 137.  Section 1001.023(b), Transportation Code, is
  amended to read as follows:
         (b)  The chair shall:
               (1)  preside over board meetings, make rulings on
  motions and points of order, and determine the order of business;
               (2)  represent the department in dealing with the
  governor;
               (3)  report to the governor on the state of affairs of
  the department at least quarterly;
               (4)  report to the board the governor's suggestions for
  department operations;
               (5)  report to the governor on efforts, including
  legislative requirements, to maximize the efficiency of department
  operations through the use of private enterprise;
               (6)  periodically review the department's
  organizational structure and submit recommendations for structural
  changes to the governor, the board, and the Legislative Budget
  Board;
               (7)  designate at least one employee [one or more
  employees] of the department as a civil rights officer [division]
  of the department and receive regular reports from the officer or
  officers [division] on the department's efforts to comply with
  civil rights legislation and administrative rules;
               (8)  create subcommittees, appoint board members to
  subcommittees, and receive the reports of subcommittees to the
  board as a whole;
               (9)  appoint a member of the board to act in the absence
  of the chair and vice chair; and
               (10)  serve as the departmental liaison with the
  governor and the Office of State-Federal Relations to maximize
  federal funding for transportation.
         SECTION 138.  Section 1001.042, Transportation Code, is
  amended to read as follows:
         Sec. 1001.042.  DIVISION OF RESPONSIBILITIES. The board
  shall develop and implement policies that clearly define the
  respective responsibilities of the executive director and the staff
  of the department.
         SECTION 139.  Section 1001.101(2), Transportation Code, is
  amended to read as follows:
               (2)  "License" includes:
                     (A)  a motor carrier registration issued under
  Chapter 643;
                     (B)  a motor vehicle dealer, salvage dealer,
  manufacturer, distributor, representative, converter, or agent
  license issued by the department;
                     (C)  specially designated or specialized license
  plates issued under Chapter 504; and
                     (D)  an apportioned registration issued according
  to the International Registration Plan under Section 502.091
  [502.054].
         SECTION 140.  The following laws are repealed:
               (1)  Sections 2301.101, 2301.157, 2301.259(b), and
  2301.606(a), Occupations Code;
               (2)  Sections 502.252(b), 503.009(b), 503.029(b),
  503.030(b), 503.066(b), 520.008, 520.009, 520.0091, 520.0092,
  622.013, 622.017, 622.018, 623.0711(k), and 623.093(f),
  Transportation Code;
               (3)  Section 504.660(b), Transportation Code, as added
  by Chapter 1381 (S.B. 1616), Acts of the 81st Legislature, Regular
  Session, 2009; and
               (4)  Section 520.004, Transportation Code, as added by
  Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
  Session, 2011.
         SECTION 141.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 142.  A deputy appointed under Section 520.0091,
  Transportation Code, on or before August 31, 2013, may continue to
  perform the services authorized under Sections 520.008, 520.009,
  520.0091, and 520.0092, Transportation Code, until the Texas
  Department of Motor Vehicles Board adopts rules regarding the types
  of deputies authorized to perform titling and registration duties
  under Section 520.0071, Transportation Code, as added by this Act.
         SECTION 143.  To the extent of any conflict, this Act
  prevails over another Act of the 83rd Legislature, Regular Session,
  2013, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 144.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2013.
         (b)  Sections 501.146 and 504.202, Transportation Code, as
  amended by this Act, and Section 504.948, Transportation Code, as
  added by this Act, take effect immediately if this Act receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect,
  Sections 501.146 and 504.202, Transportation Code, as amended by
  this Act, and Section 504.948, Transportation Code, as added by
  this Act, take effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2741 was passed by the House on May 4,
  2013, by the following vote:  Yeas 127, Nays 8, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2741 on May 24, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2741 on May 26, 2013, by the following vote:  Yeas 135,
  Nays 9, 3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2741 was passed by the Senate, with
  amendments, on May 17, 2013, by the following vote:  Yeas 29, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2741 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor