Bill Text: TX HB2929 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorization to impose an administrative penalty on salvage vehicle dealers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB2929 Detail]
Download: Texas-2011-HB2929-Introduced.html
Bill Title: Relating to authorization to impose an administrative penalty on salvage vehicle dealers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB2929 Detail]
Download: Texas-2011-HB2929-Introduced.html
82R4740 MAW-D | ||
By: Elkins | H.B. No. 2929 |
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relating to the sale of salvage motor vehicles and the regulation of | ||
salvage vehicle dealers; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2302.204, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2302.204. CASUAL SALES. This chapter does not apply to | ||
a person who purchases not more than five [ |
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nonrepairable motor vehicles or salvage motor vehicles from a | ||
salvage vehicle dealer, an insurance company, or a salvage pool | ||
operator in a casual sale at auction, except that: | ||
(1) the board shall adopt rules as necessary to | ||
regulate casual sales by salvage vehicle dealers, insurance | ||
companies, or salvage pool operators and to enforce this section; | ||
and | ||
(2) a salvage vehicle dealer, insurance company, or | ||
salvage pool operator who sells a motor vehicle in a casual sale | ||
shall comply with those rules and Subchapter E, Chapter 501, | ||
Transportation Code. | ||
SECTION 2. Subchapter H, Chapter 2302, Occupations Code, is | ||
amended by adding Section 2302.354 to read as follows: | ||
Sec. 2302.354. CIVIL PENALTY. (a) In addition to any other | ||
penalty or disciplinary action prescribed by this chapter, a person | ||
who violates this chapter or a rule adopted under this chapter is | ||
subject to a civil penalty of not less than $50 or more than $1,000. | ||
Each day a violation continues or occurs is a separate violation for | ||
the purpose of imposing the civil penalty. | ||
(b) The attorney general or the appropriate district or | ||
county attorney, in the name of the state, may institute and conduct | ||
an action authorized by this section in a district court of Travis | ||
County or of a county in which any part of the violation occurs. | ||
(c) The attorney general, district attorney, or county | ||
attorney may recover reasonable expenses incurred in obtaining a | ||
civil penalty under this section, including court costs, reasonable | ||
attorney's fees, investigative costs, witness fees, and deposition | ||
expenses. | ||
(d) A penalty collected under this section by the attorney | ||
general shall be deposited to the credit of the general revenue | ||
fund. A penalty collected under this section by a district or | ||
county attorney shall be deposited to the credit of the general fund | ||
of the county in which the suit was heard. | ||
SECTION 3. Section 501.091(2), Transportation Code, is | ||
amended to read as follows: | ||
(2) "Casual sale" means the sale by a salvage vehicle | ||
dealer with an endorsement in at least one classification described | ||
by Section 2302.103(b), Occupations Code, or by an insurance | ||
company of not more than five nonrepairable motor vehicles or | ||
salvage motor vehicles to the same person during a calendar year. | ||
The term does not include: | ||
(A) a sale at auction to a salvage vehicle | ||
dealer; or | ||
(B) the sale of an export-only motor vehicle to a | ||
person who is not a resident of the United States. | ||
SECTION 4. The change in law made by Section 2302.354, | ||
Occupations Code, as added by this Act, applies only to a violation | ||
of Chapter 2302, Occupations Code, or a rule of the Texas Department | ||
of Motor Vehicles adopted under that chapter, committed on or after | ||
the effective date of this Act. A violation committed before the | ||
effective date of this Act is governed by the law in effect when the | ||
violation was committed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |