Bill Text: TX HB2017 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the organization, governance, duties, and functions of the Texas Department of Motor Vehicles.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2017 Detail]
Download: Texas-2011-HB2017-Enrolled.html
H.B. No. 2017 |
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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 [ |
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(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 [ |
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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 [ |
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(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[ |
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(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 [ |
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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 [ |
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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 [ |
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time. The department [ |
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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 [ |
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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 [ |
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information the department [ |
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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 [ |
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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 [ |
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(2) contain evidence of compliance with Chapter 503, | ||
Transportation Code, if applicable; and | ||
(3) state other information required by the department | ||
[ |
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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 [ |
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the information required by the department [ |
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SECTION 9. Sections 2301.264(c) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(c) The department [ |
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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 [ |
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appropriated to the department [ |
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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 [ |
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(b) The board [ |
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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 [ |
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under which licenses expire on various dates during the year. For | ||
a year in which a license expiration date is changed [ |
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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 [ |
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license under this chapter for a period other than one year, the | ||
board [ |
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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 [ |
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chapter of the date of license expiration and the amount of the fee | ||
required for license renewal. The notice shall be sent [ |
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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 [ |
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written notice at least 30 days before the date the show or | ||
exhibition opens; and | ||
(2) the department [ |
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(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 [ |
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(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 [ |
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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 [ |
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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 [ |
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from a license holder [ |
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(B) is a lessor or lessee, other than a | ||
sublessee, who purchased or leased the vehicle from a license | ||
holder; [ |
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(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); [ |
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(ii) a resident of this state; [ |
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(iii) the person who registered the vehicle | ||
in this state [ |
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SECTION 18. Sections 2301.611(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) The department [ |
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the motor vehicles ordered repurchased or replaced under this | ||
subchapter. | ||
(c) The department [ |
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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 [ |
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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. [ |
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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; [ |
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(3) give the reasons for the particular actions taken; | ||
(4) [ |
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presiding officer for the board; | ||
(5) [ |
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(6) [ |
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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 [ |
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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 [ |
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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 [ |
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(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 | ||
[ |
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(b) The assessor-collector shall send the application to | ||
the department or enter it into the department's titling system | ||
within 72 [ |
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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 | ||
[ |
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[ |
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501.138(a), an applicant for registration under this subsection | ||
shall pay [ |
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[ |
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appropriate county assessor-collector [ |
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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 [ |
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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 [ |
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(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 [ |
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rule; and | ||
(2) contain a [ |
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(b) The department shall deny the [ |
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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 [ |
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assessor-collector proof of [ |
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the vehicle, the maximum load to be carried on the vehicle, and the | ||
gross weight for which the vehicle is to be registered. [ |
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(c) [ |
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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. | ||
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SECTION 26. Section 503.011, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 503.011. PRORATING FEES. If the board [ |
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prescribes the term of a general distinguishing number, license, or | ||
license plate under this chapter for a period other than one year, | ||
the board [ |
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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 [ |
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vehicles in a calendar year from a location other than the location | ||
for which the dealer [ |
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distinguishing number, the dealer must also hold [ |
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distinguishing number for the consignment [ |
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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 [ |
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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 [ |
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auction by a holder of a dealer's general distinguishing number | ||
unless[ |
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[ |
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the selling dealer [ |
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(b) The [ |
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[ |
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number who sells a motor vehicle at a public auction must transfer | ||
[ |
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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 [ |
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COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector | ||
shall comply with Chapter 501 [ |
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(b) An assessor-collector who fails or refuses to comply | ||
with Chapter 501 [ |
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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 [ |
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ASSESSOR-COLLECTOR. (a) A county assessor-collector shall | ||
receive a fee of $1.90 for each receipt issued under Chapter 502 | ||
[ |
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(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 [ |
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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 [ |
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shall organize the department into divisions to accomplish the | ||
department's functions and the duties assigned to the department | ||
[ |
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[ |
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[ |
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[ |
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[ |
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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 [ |
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(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 | ||
[ |
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(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 | ||
[ |
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recommendations to the board or the executive director [ |
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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 [ |
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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 |