Bill Text: TX HB2017 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the organization, governance, duties, and functions of the Texas Department of Motor Vehicles.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2017 Detail]

Download: Texas-2011-HB2017-Enrolled.html

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H.B. No. 2017

AN ACT
relating to the organization, governance, duties, and functions of
the Texas Department of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2301.002, Occupations Code, is amended
by adding Subdivisions (1-a) and (14-a) and amending Subdivisions
(11), (16), (23), and (32) to read as follows:
(1-a) "Ambulance manufacturer" means a person other
than the manufacturer of a motor vehicle chassis who, before the
retail sale of the motor vehicle, performs modifications on the
chassis that result in the finished product being classified as an
ambulance.
(11) "Distributor" means a person, other than a
manufacturer, who:
(A) distributes or sells new motor vehicles to a
franchised dealer; or
(B) enters into franchise agreements with
franchised dealers, on behalf of the manufacturer.
(14-a) "Fire-fighting vehicle manufacturer" means a
person other than the manufacturer of a motor vehicle chassis who,
before the retail sale of the motor vehicle, performs modifications
on the chassis that result in the finished product being classified
as a fire-fighting vehicle.
(16) "Franchised dealer" means a person who:
(A) holds a franchised motor vehicle dealer's
license issued by the board under this chapter and Chapter 503,
Transportation Code; and
(B) is engaged in the business of buying,
selling, or exchanging new motor vehicles and servicing or
repairing motor vehicles under a manufacturer's warranty at an
established and permanent place of business under a franchise in
effect with a manufacturer or distributor.
(23) "Motor vehicle" means:
(A) a fully self-propelled vehicle having two or
more wheels that has as its primary purpose the transport of a
person or persons, or property, on a public highway;
(B) a fully self-propelled vehicle having two or
more wheels that:
(i) has as its primary purpose the
transport of a person or persons or property;
(ii) is not manufactured for use on public
streets, roads, or highways; and
(iii) meets the requirements for [has been
issued] a certificate of title;
(C) an engine, transmission, or rear axle,
regardless of whether attached to a vehicle chassis, manufactured
for installation in a vehicle that has:
(i) the transport of a person or persons, or
property, on a public highway as its primary purpose; and
(ii) a gross vehicle weight rating of more
than 16,000 pounds; or
(D) a towable recreational vehicle.
(32) "Towable recreational vehicle" means a
nonmotorized vehicle that:
(A) was originally designed and manufactured
primarily to provide temporary human habitation in conjunction with
recreational, camping, or seasonal use;
(B) meets the requirements to be issued a
certificate of title and registration by [is titled and registered
with] the department as a travel trailer through a county tax
assessor-collector;
(C) is permanently built on a single chassis;
(D) contains at least one life support system;
and
(E) is designed to be towable by a motor vehicle.
SECTION 2. Section 2301.153(a), Occupations Code, is
amended to read as follows:
(a) Notwithstanding any other provision of law, the board
has all powers necessary, incidental, or convenient to perform a
power or duty expressly granted under this chapter, including the
power to:
(1) initiate and conduct proceedings, investigations,
or hearings;
(2) administer oaths;
(3) receive evidence and pleadings;
(4) issue subpoenas to compel the attendance of any
person;
(5) order the production of any tangible property,
including papers, records, or other documents;
(6) make findings of fact on all factual issues
arising out of a proceeding initiated under this chapter;
(7) specify and govern appearance, practice, and
procedures before the board;
(8) adopt rules and issue conclusions of law and
decisions, including declaratory decisions or orders;
(9) enter into contracts;
(10) execute instruments;
(11) retain counsel;
(12) use the services of the attorney general and
institute and direct the conduct of legal proceedings in any forum;
(13) obtain other professional services as necessary
and convenient;
(14) impose a sanction for contempt;
(15) assess and collect fees and costs, including
attorney's fees;
(16) issue, suspend, or revoke licenses;
(17) prohibit and regulate acts and practices in
connection with the distribution and sale of motor vehicles or
warranty performance obligations;
(18) issue cease and desist orders in the nature of
temporary or permanent injunctions;
(19) impose a civil penalty;
(20) enter an order requiring a person to:
(A) repurchase property under Section 2301.465
and pay costs and expenses of a party in connection with an order
entered under that section [Section 2301.465];
(B) perform an act other than the payment of
money; or
(C) refrain from performing an act; and
(21) enforce a board order.
SECTION 3. Section 2301.154, Occupations Code, is amended
to read as follows:
Sec. 2301.154. DELEGATION OF POWERS. (a) The director may
delegate any of the director's powers to one or more of the
division's employees.
(b) The board by rule may delegate any power relating to a
contested case hearing, 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 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.
(d) The board by rule may delegate any power relating to a
complaint investigation to any person employed by the department.
SECTION 4. Section 2301.252(b), Occupations Code, is
amended to read as follows:
(b) For purposes of this section:
(1) the make of a conversion[, ambulance, or
fire-fighting vehicle] is that of the chassis manufacturer; [and]
(2) the make of a motor home is that of the motor home
manufacturer;
(3) the make of an ambulance is that of the ambulance
manufacturer; and
(4) the make of a fire-fighting vehicle is that of the
fire-fighting vehicle manufacturer.
SECTION 5. Sections 2301.257(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) An application for a dealer's license must be on a form
prescribed by the department [board]. 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 department [board] considers necessary to
determine the applicant's qualifications to adequately serve the
public.
(b) If a material change occurs in the information included
in an application for a dealer's license, the dealer shall notify
the department [director] of the change within a reasonable
time. The department [director] shall prescribe a form for the
disclosure of the change.
(c) A franchised dealer must apply for a separate license
under this section for each separate and distinct dealership
showroom as determined by the department [board]. Before changing
a location, a dealer must obtain a new license for that location.
SECTION 6. Section 2301.258, Occupations Code, is amended
to read as follows:
Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
LICENSE. An application for a manufacturer's, distributor's,
converter's, or representative's license must be on a form
prescribed by the department [board]. The application must include
information the department [board] determines necessary to fully
determine the qualifications of an applicant, including financial
resources, business integrity and experience, facilities and
personnel for serving franchised dealers, and other information the
department [board] determines pertinent to safeguard the public
interest and welfare.
SECTION 7. Section 2301.261(a), Occupations Code, is
amended to read as follows:
(a) An application for a vehicle lessor's license must:
(1) be on a form prescribed by the department [board];
(2) contain evidence of compliance with Chapter 503,
Transportation Code, if applicable; and
(3) state other information required by the department
[board].
SECTION 8. Section 2301.262(a), Occupations Code, is
amended to read as follows:
(a) An application for a vehicle lease facilitator license
must be on a form prescribed by the department [board] and contain
the information required by the department [board].
SECTION 9. Sections 2301.264(c) and (d), Occupations Code,
are amended to read as follows:
(c) The department [board] may prorate the fee for a
representative's license to allow the representative's license and
the license of the manufacturer or distributor who employs the
representative to expire on the same day.
(d) The department [board] may refund from funds
appropriated to the department [board] for that purpose a fee
collected under this chapter that is not due or that exceeds the
amount due.
SECTION 10. Sections 2301.301(a), (b), (c), and (e),
Occupations Code, are amended to read as follows:
(a) Licenses issued under this chapter are valid for the
period prescribed by the board [commission].
(b) The board [director] 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.
(c) The board [commission] by rule may implement a system
under which licenses expire on various dates during the year. For
a year in which a license expiration date is changed [If a license
is issued or renewed for a term that is less than the period set
under Subsection (a)], the fee for the license shall be prorated so
that the license holder pays only that portion of the fee that is
allocable to the number of months during which the license is
valid. On renewal of the license on the new expiration date, the
entire license renewal fee is payable.
(e) If the board [commission] prescribes the term of a
license under this chapter for a period other than one year, the
board [commission] shall prorate the applicable annual fee required
under this chapter as necessary to reflect the term of the license.
SECTION 11. Section 2301.302, Occupations Code, is amended
to read as follows:
Sec. 2301.302. NOTICE OF LICENSE EXPIRATION. The
department [board] shall notify each person licensed under this
chapter of the date of license expiration and the amount of the fee
required for license renewal. The notice shall be sent [mailed] at
least 30 days before the date of license expiration.
SECTION 12. Section 2301.351, Occupations Code, is amended
to read as follows:
Sec. 2301.351. GENERAL PROHIBITION. A dealer may not:
(1) violate a board rule;
(2) aid or abet a person who violates this chapter,
Chapter 503, Transportation Code, or a rule adopted under those
chapters; or
(3) use false, deceptive, or misleading advertising
relating to the sale or lease of motor vehicles.
SECTION 13. Sections 2301.358(a) and (c), Occupations Code,
are 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 [board] with
written notice at least 30 days before the date the show or
exhibition opens; and
(2) the department [board] grants written approval.
(c) This section does not prohibit the sale of a towable
recreational vehicle, motor home, ambulance, fire-fighting
vehicle, or tow truck at a show or exhibition if:
(1) the show or exhibition is approved by the
department [board]; and
(2) the sale is not otherwise prohibited by law.
SECTION 14. Section 2301.401(a), Occupations Code, is
amended to read as follows:
(a) A manufacturer or distributor shall file with the
department [board] 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.
SECTION 15. Section 2301.454(a), Occupations Code, is
amended to read as follows:
(a) Notwithstanding the terms of any franchise, a
manufacturer, distributor, or representative may not modify or
replace a franchise if the modification or replacement would
adversely affect to a substantial degree the dealer's sales,
investment, or obligations to provide service to the public,
unless:
(1) the manufacturer, distributor, or representative
provides written notice by registered or certified mail to each
affected dealer and the department [board] of the modification or
replacement; and
(2) if a protest is filed under this section, the board
approves the modification or replacement.
SECTION 16. Section 2301.476(c), Occupations Code, is
amended to read as follows:
(c) Except as provided by this section, a manufacturer or
distributor may not directly or indirectly:
(1) own an interest in a franchised or nonfranchised
dealer or dealership;
(2) operate or control a franchised or nonfranchised
dealer or dealership; or
(3) act in the capacity of a franchised or
nonfranchised dealer.
SECTION 17. Section 2301.601(2), Occupations Code, is
amended to read as follows:
(2) "Owner" means a person who is entitled to enforce a
manufacturer's warranty with respect to a motor vehicle, and who:
(A) purchased the [a] motor vehicle at retail
from a license holder [and is entitled to enforce a manufacturer's
warranty with respect to the vehicle];
(B) is a lessor or lessee, other than a
sublessee, who purchased or leased the vehicle from a license
holder; [or]
(C) is a resident of this state and has
registered the vehicle in this state;
(D) purchased or leased the vehicle at retail and
is an active duty member of the United States armed forces stationed
in this state at the time a proceeding is commenced under this
subchapter; or
(E) is:
(i) the transferee or assignee of a person
described by Paragraphs (A)-(D); [Paragraph (A) or (B),]
(ii) a resident of this state; [,] and
(iii) the person who registered the vehicle
in this state [entitled to enforce the manufacturer's warranty].
SECTION 18. Sections 2301.611(a) and (c), Occupations Code,
are amended to read as follows:
(a) The department [board] shall publish an annual report on
the motor vehicles ordered repurchased or replaced under this
subchapter.
(c) The department [board] shall make the report available
to the public and may charge a reasonable fee to cover the cost of
the report.
SECTION 19. Section 2301.613(a), Occupations Code, is
amended to read as follows:
(a) The department [board] shall prepare, publish, and
distribute information concerning an owner's rights under this
subchapter. The retail seller of a new motor vehicle shall
conspicuously post a copy of the information in the area where its
customers usually pay for repairs.
SECTION 20. Section 2301.711, Occupations Code, is amended
and to read as follows:
Sec. 2301.711. ORDERS AND DECISIONS. [(a)] An order or
decision of the board must:
(1) include a separate finding of fact with respect to
each specific issue the board is required by law to consider in
reaching a decision;
(2) set forth additional findings of fact and
conclusions of law on which the order or decision is based; [and]
(3) give the reasons for the particular actions taken;
(4) [.
[(b) Except as provided by Subchapter M, the order or
decision must:
[(1)] be signed by the presiding officer or assistant
presiding officer for the board;
(5) [(2)] be attested to by the director; and
(6) [(3)] have the seal affixed to it.
SECTION 21. Section 2301.803(c), Occupations Code, is
amended to read as follows:
(c) A person affected by a statutory stay imposed by this
chapter may request a hearing [initiate a proceeding before the
board] to modify, vacate, or clarify the extent and application of
the statutory stay.
SECTION 22. Section 501.023, Transportation Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (e) to read as follows:
(a) The owner of a motor vehicle must present identification
and apply for a [certificate of] 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 [and]
(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
[on a form prescribed by the department].
(b) The assessor-collector shall send the application to
the department or enter it into the department's titling system
within 72 [not later than 24] hours after receipt of [receiving] the
application.
(c) The owner or a lessee of a commercial motor vehicle
operating under the International Registration Plan or other
agreement described by Section 502.054 that is applying for a
[certificate of] title for purposes of registration only may apply
[must be made] directly to the department. Notwithstanding Section
501.138(a), an applicant for registration under this subsection
shall pay [the department] the fee imposed by that section. The
[department shall send the] fee shall be distributed to the
appropriate county assessor-collector [for distribution] in the
manner provided by Section 501.138.
(e) Applications submitted to the department electronically
must request the purchaser's choice of county as stated in
Subsection (a) as the recipient of all taxes, fees, and other
revenue collected as a result of the transaction.
SECTION 23. Chapter 501, Transportation Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. ELECTRONIC TITLING SYSTEM
Sec. 501.171. APPLICATION OF SUBCHAPTER. This subchapter
applies only if the department implements a titling system under
Section 501.173.
Sec. 501.172. DEFINITIONS. In this subchapter:
(1) "Document" means information that is inscribed on
a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(2) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities.
(3) "Electronic document" means a document that is in
an electronic form.
(4) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with a
document and executed or adopted by a person with the intent to sign
the document.
(5) "Paper document" means a document that is in
printed form.
Sec. 501.173. ELECTRONIC TITLING SYSTEM. (a) The board by
rule may implement an electronic titling system.
(b) A record of title maintained electronically by the
department in the titling system is the official record of vehicle
ownership unless the owner requests that the department issue a
printed title.
Sec. 501.174. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If
this chapter requires that a document be an original, be on paper or
another tangible medium, or be in writing, the requirement is met by
an electronic document that complies with this subchapter.
(b) If a law requires that a document be signed, the
requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated
with a document be notarized, acknowledged, verified, witnessed, or
made under oath is satisfied if the electronic signature of the
person authorized to perform that act, and all other information
required to be included, is attached to or logically associated
with the document or signature. A physical or electronic image of a
stamp, impression, or seal is not required to accompany an
electronic signature.
Sec. 501.175. RECORDING OF DOCUMENTS. (a) Under the
titling system, the department may:
(1) receive, index, store, archive, and transmit
electronic documents;
(2) provide for access to, and for search and
retrieval of, documents and information by electronic means; and
(3) convert into electronic form:
(A) paper documents that it accepts for the
titling of a motor vehicle; and
(B) information recorded and documents that were
accepted for the titling of a motor vehicle before the titling
system was implemented.
(b) The department shall continue to accept paper documents
after the titling system is implemented.
Sec. 501.176. PAYMENT OF FEES BY ELECTRONIC FUNDS TRANSFER
OR CREDIT CARD. (a) The department may accept payment by
electronic funds transfer, credit card, or debit card of any title
or registration fee that the department is required or authorized
to collect under this chapter.
(b) The department may collect a fee for processing a title
or registration payment by electronic funds transfer, credit card,
or debit card. The amount of the fee must not exceed the charges
incurred by the state because of the use of the electronic funds
transfer, credit card, or debit card.
(c) For online transactions the department may collect from
a person making payment by electronic funds transfer, credit card,
or debit card an amount equal to any fee charged in accordance with
Section 2054.2591, Government Code.
Sec. 501.177. SERVICE CHARGE. If, for any reason, the
payment of a fee under this chapter by electronic funds transfer,
credit card, or debit card is not honored by the funding
institution, or by the electronic funds transfer, credit card, or
debit card company on which the funds are drawn, the department may
collect from the person who owes the fee being collected a service
charge that is for the collection of that original amount and is in
addition to the original fee. The amount of the service charge must
be reasonably related to the expense incurred by the department in
collecting the original amount.
Sec. 501.178. DISPOSITION OF FEES. All fees collected
under this subchapter shall be deposited to the credit of the state
highway fund.
Sec. 501.179. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and
supersedes the federal Electronic Signatures in Global and National
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
7001(c)) or authorize electronic delivery of any of the notices
described in Section 103(b) of that Act (15 U.S.C. Section
7003(b)).
SECTION 24. Section 502.002, Transportation Code, is
amended to read as follows:
Sec. 502.002. REGISTRATION REQUIRED; GENERAL RULE. (a)
Not more than 30 days after purchasing a vehicle or becoming a
resident of this state, the [The] owner of a motor vehicle, trailer,
or semitrailer shall apply for the registration of the vehicle for:
(1) each registration year in which the vehicle is
used or to be used on a public highway; and
(2) if the vehicle is unregistered for a registration
year that has begun and that applies to the vehicle and if the
vehicle is used or to be used on a public highway, the remaining
portion of that registration year.
(b) The application must be accompanied by personal
identification as determined by department rule and made in a
manner prescribed by [to] 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.
(c) A provision of this chapter that conflicts with this
section prevails over this section to the extent of the conflict.
(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 25. Section 502.151, Transportation Code, is
amended to read as follows:
Sec. 502.151. APPLICATION FOR REGISTRATION. (a) An
application for vehicle registration must:
(1) be made in a manner prescribed and include the
information required [on a form furnished] by the department by
rule; and
(2) contain a [the] full description [name and address
of the owner] of the vehicle as required by department rule [;
[(3) contain a brief description of the vehicle;
[(4) contain any other information required by the
department; and
[(5) be signed by the owner].
(b) The department shall deny the [For a new motor vehicle,
the description of the vehicle must include the vehicle's:
[(1) trade name;
[(2) year model;
[(3) style and type of body;
[(4) weight, if the vehicle is a passenger car;
[(5) net carrying capacity and gross weight, if the
vehicle is a commercial motor vehicle;
[(6) vehicle identification number; and
[(7) date of sale by the manufacturer or dealer to the
applicant.
[(c) An applicant for] registration 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, a family member, a
corporate officer, or a 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 [must] deliver to the county
assessor-collector proof of [an affidavit showing] 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. [The
assessor-collector shall keep the affidavit on file.]
(c) [(d)] 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 the
registration receipt and transfer receipt, if any. The county
assessor-collector shall accept the receipt as an application for
renewal of the registration if the receipt indicates the applicant
owns the vehicle. This section allows issuance for registration
purposes only but does not authorize the department to issue a
title.
(d) The department may require an applicant for
registration to provide current personal identification as
determined by department rule. Any identification number required
by the department under this subsection may be entered into the
department's electronic titling system but may not be printed on
the title.
[(e) If an owner or claimed owner has lost or misplaced the
registration receipt or transfer receipt for the vehicle, the
county assessor-collector shall register the vehicle on the
person's furnishing to the assessor-collector satisfactory
evidence, by affidavit or otherwise, that the person owns the
vehicle.
[(f) A county assessor-collector shall date each
registration receipt issued for a vehicle with the date on which the
application for registration is made.]
SECTION 26. Section 503.011, Transportation Code, is
amended to read as follows:
Sec. 503.011. PRORATING FEES. If the board [commission]
prescribes the term of a general distinguishing number, license, or
license plate under this chapter for a period other than one year,
the board [commission] shall prorate the applicable annual fee
required under this chapter as necessary to reflect the term of the
number, license, or license plate.
SECTION 27. Section 503.027(a), Transportation Code, is
amended to read as follows:
(a) If a dealer [person] consigns for sale more than five
vehicles in a calendar year from a location other than the location
for which the dealer [person] holds a [wholesale motor vehicle
auction general distinguishing number or a dealer] general
distinguishing number, the dealer must also hold [location to which
the person consigns the vehicles must have] a general
distinguishing number for the consignment [that] location unless
the consignment location is a wholesale motor vehicle auction.
SECTION 28. Section 503.033(g), Transportation Code, is
amended to read as follows:
(g) This section does not apply to a person licensed as a
franchised motor vehicle dealer by the department [department's
Motor Vehicle Board].
SECTION 29. Section 503.039, Transportation Code, is
amended to read as follows:
Sec. 503.039. PUBLIC MOTOR VEHICLE AUCTIONS. (a) A motor
vehicle may not be the subject of a subsequent sale at a public [an]
auction by a holder of a dealer's general distinguishing number
unless[:
[(1)] equitable or legal title has passed [passes] to
the selling dealer [holder of a dealer's general distinguishing
number] before the [a] transfer of title to the subsequent buyer.
(b) The [; and
[(2) the] holder of a dealer's general distinguishing
number who sells a motor vehicle at a public auction must transfer
[transfers] the certificate of title for that vehicle to the buyer
before the 21st day after the date of the sale.
SECTION 30. Subchapter A, Chapter 520, Transportation Code,
is amended by adding Sections 520.003 and 520.004 to read as
follows:
Sec. 520.003. RULES; WAIVER OF FEES. The department may
adopt rules to administer this chapter, including rules that 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.
Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department
has jurisdiction over the registration and titling of, and the
issuance of license plates to, motor vehicles in compliance with
the applicable statutes. The department by rule:
(1) shall provide services that are reasonable,
adequate, and efficient;
(2) shall establish standards for uniformity and
service quality for counties and dealers licensed under Section
520.005; and
(3) may conduct public service education campaigns
related to the department's functions.
SECTION 31. Section 501.137, Transportation Code, is
transferred to Subchapter A, Chapter 520, Transportation Code,
redesignated as Section 520.005, Transportation Code, and amended
to read as follows:
Sec. 520.005 [501.137]. DUTY AND RESPONSIBILITIES OF
COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector
shall comply with Chapter 501 [this chapter].
(b) An assessor-collector who fails or refuses to comply
with Chapter 501 [this chapter] is liable on the
assessor-collector's official bond for resulting damages suffered
by any person.
(c) The assessor-collector may license franchised and
nonfranchised 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.
SECTION 32. Section 502.109, Transportation Code, is
transferred to Subchapter A, Chapter 520, Transportation Code,
redesignated as Section 520.006, Transportation Code, and amended
to read as follows:
Sec. 520.006 [502.109]. COMPENSATION OF
ASSESSOR-COLLECTOR. (a) A county assessor-collector shall
receive a fee of $1.90 for each receipt issued under Chapter 502
[this chapter. If the assessor-collector may be compensated by
fees, a fee received is compensation for services under this
chapter. The assessor-collector shall deduct the fee weekly from
the gross collections made under this chapter].
(a-1) A county assessor-collector collecting fees on behalf
of a county that has been declared as a disaster area for purposes
of Section 501.023 or 502.002 may retain the commission for fees
collected, but shall allocate the fees to the county declared as a
disaster area.
(b) A county assessor-collector who is compensated under
this section shall pay the entire expense of issuing registration
receipts and license plates under Chapter 501 or 502 [this chapter]
from the compensation allowed under this section.
SECTION 33. Section 1001.001, Transportation Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Executive director" means the executive director
of the department.
SECTION 34. Section 1001.004, Transportation Code, is
amended to read as follows:
Sec. 1001.004. DIVISIONS. The executive director [board]
shall organize the department into divisions to accomplish the
department's functions and the duties assigned to the department
[it, including divisions for:
[(1) administration;
[(2) motor carriers;
[(3) motor vehicle board; and
[(4) vehicle titles and registration].
SECTION 35. Subchapter A, Chapter 1001, Transportation
Code, is amended by adding Sections 1001.007, 1001.008, 1001.009,
1001.010, and 1001.011 to read as follows:
Sec. 1001.007. PROTECTION AND USE OF INTELLECTUAL PROPERTY
AND PUBLICATIONS. (a) The department may:
(1) apply for, register, secure, hold, and protect
under the laws of the United States, any state, or any nation a
patent, copyright, mark, or other evidence of protection or
exclusivity issued in or for an idea, publication, or other
original innovation fixed in a tangible medium, including:
(A) a literary work;
(B) a logo;
(C) a service mark;
(D) a study;
(E) a map or planning document;
(F) a graphic design;
(G) a manual;
(H) automated systems software;
(I) an audiovisual work; or
(J) a sound recording;
(2) enter into an exclusive or nonexclusive license
agreement with a third party for the receipt of a fee, royalty, or
other thing of monetary or nonmonetary value for the benefit of the
department;
(3) waive or reduce the amount of a fee, royalty, or
other thing of monetary or nonmonetary value to be assessed if the
department determines that the waiver will:
(A) further the goals and missions of the
department; and
(B) result in a net benefit to the state; and
(4) adopt and enforce rules necessary to implement
this section.
(b) Money collected by the department under this section
shall be deposited to the credit of the state highway fund for use
by the department in supporting the department's operations and the
administration of the department's functions.
Sec. 1001.008. DONATIONS AND CONTRIBUTIONS. (a) Except as
provided by Subsection (b), for the purpose of carrying out its
functions and duties, the board may accept a donation or
contribution in any form, including real or personal property,
money, materials, or services.
(b) The board may not accept a donation or contribution from
an entity or association of entities that it regulates.
(c) The board by rule may delegate acceptance of donations
or contributions under $500, or not otherwise required to be
acknowledged in an open meeting, to the executive director.
Sec. 1001.009. COLLECTION OF FEES FOR DEPARTMENT GOODS AND
SERVICES. (a) The board may adopt rules regarding the method of
collection of a fee for any goods sold or services provided by the
department or for the administration of any department program.
(b) Goods sold and services provided under Subsection (a)
include department publications and the issuance of licenses,
permits, and registrations.
(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.
(d) Revenue generated from the collection of discount or
service charges under Subsection (c) shall be deposited to the
credit of the state highway fund for use by the department in
supporting the department's operations and the administration of
the department's functions.
Sec. 1001.010. AUTHORITY TO CONTRACT. (a) The department
may enter into an interlocal contract with one or more local
governments in accordance with Chapter 791, Government Code.
(b) The board by rule shall adopt policies and procedures
consistent with applicable state procurement practices for
soliciting and awarding a contract under this section.
Sec. 1001.011. EDUCATIONAL CAMPAIGNS AND TRAINING. The
department may conduct public service educational campaigns
related to its functions.
SECTION 36. Subchapter B, Chapter 1001, Transportation
Code, is amended by adding Section 1001.0221 to read as follows:
Sec. 1001.0221. BOARD; DUTIES. (a) The board shall oversee
and coordinate the development of the department and shall ensure
that all components of the motor vehicle industry function as a
system.
(b) The board shall carry out its policy-making functions in
a manner that protects the interests of the public and industry,
maintains a safe and sound motor vehicle industry, and increases
the economic prosperity of the state.
SECTION 37. Section 1001.023, Transportation Code, is
amended to read as follows:
Sec. 1001.023. CHAIR AND VICE CHAIR; DUTIES. (a) The
governor shall appoint one of the board's members chair of the
board. The chair serves at the pleasure of the governor. The board
shall elect one of its members vice chair of the board. The [A
chair or] vice chair serves at the pleasure of the board.
(b) The chair shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the board the governor's suggestions for
department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the board, and the Legislative Budget
Board;
(7) designate one or more employees of the department
as a civil rights division of the department and receive regular
reports from the division on the department's efforts to comply
with civil rights legislation and administrative rules;
(8) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole;
(9) appoint a member of the board to act in the
[chair's] absence 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 38. Section 1001.031, Transportation Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(f) to read as follows:
(a) The board shall retain or establish one or more
[separate] advisory committees [for the motor carrier, motor
vehicles, and vehicle titles and registration divisions] to make
recommendations to the board or the executive director [on the
operation of the applicable division]. A committee has the
purposes, powers, and duties, including the manner of reporting its
work, prescribed by the board. A committee and each committee
member serves at the will of the board.
(a-1) Section 2110.002, Government Code, does not apply to
an advisory committee established under this section.
(f) The meetings of an advisory committee shall be made
accessible to the public in person or through electronic means.
SECTION 39. Subchapter C, Chapter 1001, Transportation
Code, is amended by adding Section 1001.0411 to read as follows:
Sec. 1001.0411. EXECUTIVE DIRECTOR; DUTIES. (a) The board
shall appoint an executive director to serve at the pleasure of the
board. The executive director shall perform all duties assigned by
the board.
(b) The executive director may delegate duties or
responsibilities as the executive director considers appropriate,
provided the delegation does not conflict with applicable law or a
resolution of the board.
SECTION 40. Chapter 1001, Transportation Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. ELECTRONIC ISSUANCE OF LICENSES
Sec. 1001.101. DEFINITIONS. In this subchapter:
(1) "Digital signature" means an electronic
identifier intended by the person using it to have the same force
and effect as the use of a manual signature.
(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 502.054.
Sec. 1001.102. APPLICATION FOR AND ISSUANCE OF LICENSE.
The board by rule may provide for the filing of a license
application and the issuance of a license by electronic means.
Sec. 1001.103. DIGITAL SIGNATURE. (a) A license
application received by the department is considered signed if a
digital signature is transmitted with the application and intended
by the applicant to authenticate the license in accordance with
Subsection (b).
(b) The department may only accept a digital signature used
to authenticate a license application under procedures that:
(1) comply with any applicable rules of another state
agency having jurisdiction over department use or acceptance of a
digital signature; and
(2) provide for consideration of factors that may
affect a digital signature's reliability, including whether a
digital signature is:
(A) unique to the person using it;
(B) capable of independent verification;
(C) under the sole control of the person using
it; and
(D) transmitted in a manner that makes it
infeasible to change the data in the communication or digital
signature without invalidating the digital signature.
SECTION 41. Chapter 1003, Transportation Code, is amended
by adding Section 1003.005 to read as follows:
Sec
. 1003.005. DELEGATION OF POWER. (a) The board by rule
may delegate any power relating to a contested case hearing, 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 of a division of the department; or
(4) one or more of the department's employees.
(b) The board by rule may delegate the authority to issue a
final order in a contested case hearing 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.
(c) The board by rule may delegate any power relating to a
complaint investigation to any person employed by the department.
SECTION 42. Section 264.502(b), Family Code, is amended to
read as follows:
(b) The members of the committee who serve under Subsections
(a)(1) through (3) shall select the following additional committee
members:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace;
(4) a medical examiner;
(5) a police chief;
(6) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(7) a child educator;
(8) a child mental health provider;
(9) a public health professional;
(10) a child protective services specialist;
(11) a sudden infant death syndrome family service
provider;
(12) a neonatologist;
(13) a child advocate;
(14) a chief juvenile probation officer;
(15) a child abuse prevention specialist;
(16) a representative of the Department of Public
Safety; and
(17) a representative of the Texas Department of
Transportation [Motor Vehicles].
SECTION 43. Section 2110.002, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) This section does not apply to an advisory committee
established by the Texas Department of Motor Vehicles.
SECTION 44. (a) The following provisions are repealed:
(1) Section 2054.270, Government Code;
(2) Sections 2301.105, 2301.106, and 2301.206,
Occupations Code;
(3) Sections 503.033(c), 1001.031(c) and (d), and
1004.003, Transportation Code; and
(4) Sections 504.403, 504.404, and 504.406,
Transportation Code.
(b) Section 6.03(c), Chapter 933 (H.B. 3097), Acts of the
81st Legislature, Regular Session, 2009, is repealed.
SECTION 45. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2017 was passed by the House on
April 20, 2011, by the following vote: Yeas 144, Nays 0, 2
present, not voting; and that the House concurred in Senate
amendments to H.B. No. 2017 on May 25, 2011, by the following
vote: Yeas 138, Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2017 was passed by the Senate, with
amendments, on May 21, 2011, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor