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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: McClendon, Pickett, Harper-Brown H.B. No. 2017

A BILL TO BE ENTITLED
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 department [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 department [commission] prescribes the term of a
license under this chapter for a period other than one year, the
department [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 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 23. 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 24. 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 25. 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 26. The heading to Section 504.401, Transportation
Code, is amended to read as follows:
Sec. 504.401. STATE OFFICIALS: EXECUTIVE AND LEGISLATIVE
BRANCHES.
SECTION 27. Sections 504.401(b) and (d), Transportation
Code, are amended to read as follows:
(b) A state official may be issued four [three] sets of
license plates under this section.
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) [a justice of the supreme court;
[(5) a judge of the court of criminal appeals;
[(6)] the attorney general;
(5) [(7)] the commissioner of the General Land Office;
(6) [(8)] the comptroller;
(7) [(9)] a member of the Railroad Commission of
Texas;
(8) [(10)] the commissioner of agriculture;
(9) [(11)] the secretary of state; or
(10) [(12)] a member of the State Board of Education.
SECTION 28. Subchapter E, Chapter 504, Transportation Code,
is amended by adding Section 504.4015 to read as follows:
Sec. 504.4015. STATE OFFICIALS: JUDICIAL BRANCH. (a) The
department shall issue without charge specialty license plates to a
current state judge. The license plates must include the words
"State Judge."
(b) A state judge may be issued three sets of license plates
under this section.
(c) The license plates remain valid until December 31 of
each year.
(d) In this section, "state judge" means:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a judge of a court of appeals;
(4) a district court judge;
(5) a presiding judge of an administrative judicial
district; or
(6) a statutory county court judge.
SECTION 29. The heading to Section 504.402, Transportation
Code, is amended to read as follows:
Sec. 504.402. FEDERAL OFFICIALS: MEMBERS OF CONGRESS.
SECTION 30. Section 504.402(b), Transportation Code, is
amended to read as follows:
(b) A person may be issued four [three] sets of license
plates under this section.
SECTION 31. Subchapter E, Chapter 504, Transportation Code,
is amended by adding Section 504.4025 to read as follows:
Sec. 504.4025. FEDERAL OFFICIALS: JUDICIAL BRANCH. (a)
The department shall issue without charge specialty license plates
for a current federal judge. The license plates must include the
words "U.S. Judge."
(b) A federal judge may be issued three sets of license
plates under this section.
(c) The license plates remain valid until December 31 of
each year.
(d) In this section, "federal judge" means:
(1) a justice of the United States Supreme Court whose
primary residence is in this state;
(2) a judge of the Fifth Circuit Court of Appeals; or
(3) a judge of a United States district court.
SECTION 32. The heading to Section 504.405, Transportation
Code, is amended to read as follows:
Sec. 504.405. COUNTY OFFICIALS: COUNTY JUDGES.
SECTION 33. Section 504.405, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) A person may be issued two [three] sets of license
plates under this section.
(b-1) The license plates remain valid until December 31 of
each year.
SECTION 34. 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 35. 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 36. 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 37. 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 Texas Department of Motor
Vehicles 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 38. 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 39. 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 40. 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 41. 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 42. 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 43. 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 44. 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 45. (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 46. This Act takes effect September 1, 2011.