Bill Text: TX HB4219 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of the issuance of buyer's temporary tags.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-27 - Left pending in committee [HB4219 Detail]
Download: Texas-2021-HB4219-Introduced.html
87R10022 BEE-D | ||
By: Raymond | H.B. No. 4219 |
|
||
|
||
relating to the regulation of the issuance of buyer's temporary | ||
tags. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2301.651(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) Except as provided by Section 2301.6515, a [ |
||
may not be denied, revoked, or suspended, and disciplinary action | ||
may not be taken under this subchapter, unless the respondent is | ||
given an opportunity for a hearing. The board may deny, revoke, or | ||
suspend a license or take disciplinary action by order only after | ||
the department grants the respondent an opportunity for a hearing. | ||
SECTION 2. Subchapter N, Chapter 2301, Occupations Code, is | ||
amended by adding Section 2301.6515 to read as follows: | ||
Sec. 2301.6515. EMERGENCY SUSPENSION. (a) The board shall | ||
temporarily suspend a dealer's license issued under this chapter if | ||
the director determines from the evidence or information presented | ||
to the director by a law enforcement officer or department employee | ||
that the license holder has fraudulently distributed buyer's | ||
temporary tags under Section 503.063, Transportation Code. | ||
(b) The board may suspend a dealer's license under this | ||
section without notice or hearing on the complaint if: | ||
(1) action is taken to initiate proceedings for a | ||
hearing before the State Office of Administrative Hearings | ||
simultaneously with the temporary suspension; and | ||
(2) a hearing is held as soon as practicable under this | ||
chapter and Chapter 2001, Government Code. | ||
(c) The State Office of Administrative Hearings shall hold a | ||
preliminary hearing not later than the 14th day after the date of | ||
the temporary suspension to determine if there is probable cause to | ||
believe that the holder of a dealer's license has fraudulently | ||
distributed buyer's temporary tags. A final hearing on the matter | ||
shall be held not later than the 61st day after the date of the | ||
temporary suspension. | ||
(d) The board by rule shall establish procedures for: | ||
(1) the presentation to the director by a law | ||
enforcement officer or department employee of evidence or | ||
information regarding the fraudulent issuance of buyer's temporary | ||
tags by the holder of a dealer's license; and | ||
(2) the director's expedited determination regarding | ||
whether the license holder has fraudulently distributed buyer's | ||
temporary tags. | ||
SECTION 3. Subchapter C, Chapter 503, Transportation Code, | ||
is amended by adding Section 503.0632 to read as follows: | ||
Sec. 503.0632. DEPARTMENT MONITORING OF AND LIMITS ON | ||
DEALER ISSUANCE OF BUYER'S TEMPORARY TAGS. (a) The department | ||
shall establish: | ||
(1) the reasonable number of buyer's temporary tags | ||
that each dealer may issue in a calendar month; and | ||
(2) the maximum number of buyer's temporary tags that | ||
each dealer may issue in a calendar year. | ||
(b) The department shall monitor in real time the number of | ||
buyer's temporary tags issued by a dealer. The department shall | ||
immediately review the sales records of a dealer who issues buyer's | ||
temporary tags in excess of the number determined by the department | ||
under Subsection (a)(1) to determine whether the dealer has | ||
fraudulently distributed buyer's temporary tags. | ||
(c) Notwithstanding Section 503.0631(c), the department may | ||
immediately suspend the access to the buyer's temporary tag | ||
database of a dealer who issues buyer's temporary tags in excess of | ||
the number determined by the department under Subsection (a)(2). | ||
The department by rule shall establish procedures for the | ||
reinstatement of access to the buyer's temporary tag database for a | ||
dealer whose access is suspended under this subsection. | ||
SECTION 4. This Act takes effect September 1, 2021. |