Bill Text: TX SB604 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas Department of Motor Vehicles and to the operations of certain other entities performing functions associated with the department.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB604 Detail]
Download: Texas-2019-SB604-Enrolled.html
S.B. No. 604 |
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relating to the continuation and functions of the Texas Department | ||
of Motor Vehicles and to the operations of certain other entities | ||
performing functions associated with the department. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GENERAL PROVISIONS | ||
SECTION 1.01. Section 1001.005, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 1001.005. SUNSET PROVISION. The department is subject | ||
to Chapter 325, Government Code (Texas Sunset Act). Unless | ||
continued in existence as provided by that chapter, the department | ||
is abolished September 1, 2031 [ |
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SECTION 1.02. Section 1001.030, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 1001.030. BOARD MEMBER TRAINING [ |
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and qualifies for office as a member of | ||
deliberate, or be counted as a member in attendance at a meeting | ||
of the board until the person completes | ||
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section. | ||
(b) The training program must provide the person with | ||
information [ |
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(1) the law governing department operations [ |
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(2) the board's programs, functions, and rules and the | ||
budget of [ |
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(3) the scope of and limitations on the rulemaking | ||
authority [ |
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(4) the types of board rules, interpretations, and | ||
enforcement actions that may implicate federal antitrust law by | ||
limiting competition or impacting prices charged by persons engaged | ||
in a profession or business the board regulates, including any | ||
rule, interpretation, or enforcement action that: | ||
(A) regulates the scope of practice of persons in | ||
a profession or business the board regulates; | ||
(B) restricts advertising by persons in a | ||
profession or business the board regulates; | ||
(C) affects the price of goods or services | ||
provided by persons in a profession or business the board | ||
regulates; or | ||
(D) restricts participation in a profession or | ||
business the board regulates [ |
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(5) [ |
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the department; | ||
(6) [ |
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(A) laws relating to open meetings, public | ||
information, [ |
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disclosure of conflicts of interest; and | ||
(B) other laws applicable to members of the board | ||
in performing their duties [ |
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(7) [ |
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the department [ |
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(c) A person appointed to the board is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program, | ||
regardless of whether the attendance at the program occurs before | ||
or after [ |
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the person qualifies for office [ |
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(d) The executive director shall create a training manual | ||
that includes the information required by Subsection (b). The | ||
executive director shall distribute a copy of the training manual | ||
annually to each member of the board. Each member of the board | ||
shall sign and submit to the executive director a statement | ||
acknowledging that the member received and has reviewed the | ||
training manual. | ||
SECTION 1.03. Section 1001.041(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Subject to the General Appropriations Act or other law, | ||
the executive director shall appoint deputies, assistants, and | ||
other personnel, including a general counsel, as necessary to carry | ||
out the powers and duties of the department under this code, other | ||
applicable vehicle laws of this state, and other laws granting | ||
jurisdiction or applicable to the department. | ||
SECTION 1.04. Section 1001.0411, Transportation Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) In accordance with Section 1001.041(a), the executive | ||
director shall hire and oversee a general counsel to advise the | ||
department. | ||
SECTION 1.05. Section 1001.042, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board | ||
shall develop and implement policies that clearly separate [ |
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the policy-making responsibilities of the board and the management | ||
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the appointment of department staff, and the staff of the | ||
department. | ||
SECTION 1.06. Chapter 1003, Transportation Code, is amended | ||
by adding Sections 1003.0055 and 1003.008 to read as follows: | ||
Sec. 1003.0055. COMPLAINTS. (a) The department shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the department. The department shall maintain | ||
information about parties to and the subject matter of the | ||
complaint and a summary of the results of the review or | ||
investigation of the complaint and the disposition of the | ||
complaint. | ||
(b) The department shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The department shall periodically notify the parties to | ||
the complaint of the status of the complaint until final | ||
disposition. | ||
Sec. 1003.008. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION POLICY. (a) The board shall develop and | ||
implement a policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of department rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the department's | ||
jurisdiction. | ||
(b) The department's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The department shall: | ||
(1) coordinate the implementation of the policy | ||
developed under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
SECTION 1.07. Chapter 1004, Transportation Code, is amended | ||
by adding Section 1004.003 to read as follows: | ||
Sec. 1004.003. CONFIDENTIALITY OF INFORMATION RELATED TO | ||
INVESTIGATIONS. Information obtained during an investigation of a | ||
person regulated under Chapter 2301 or 2302, Occupations Code, or | ||
Chapter 503 or 643 of this code is confidential and not subject to | ||
disclosure under Chapter 552, Government Code, until the | ||
investigation is dismissed or finally resolved only if the | ||
disclosure of that information would interfere with or jeopardize | ||
the investigation. | ||
SECTION 1.08. The following provisions are repealed: | ||
(1) Section 2110.002(c), Government Code; | ||
(2) Section 2301.612, Occupations Code; and | ||
(3) Section 1001.031(a-1), Transportation Code. | ||
SECTION 1.09. (a) Except as provided by Subsection (b) of | ||
this section, Section 1001.030, Transportation Code, as amended by | ||
this Act, applies to a member of the board of the Texas Department | ||
of Motor Vehicles who is appointed before, on, or after the | ||
effective date of this Act. | ||
(b) A member of the board of the Texas Department of Motor | ||
Vehicles who, before the effective date of this Act, completed the | ||
training program required by Section 1001.030, Transportation | ||
Code, as that law existed before the effective date of this Act, is | ||
required to complete additional training only on subjects added by | ||
this Act to the training program as required by Section 1001.030, | ||
Transportation Code, as amended by this Act. A board member | ||
described by this subsection may not vote, deliberate, or be | ||
counted as a member in attendance at a meeting of the board held on | ||
or after December 1, 2019, until the member completes the | ||
additional training. | ||
ARTICLE 2. LICENSING | ||
SECTION 2.01. Section 2301.251(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Unless a person holds a license issued under this | ||
chapter authorizing the activity, the person may not: | ||
(1) engage in business as, serve in the capacity of, or | ||
act as a dealer, manufacturer, distributor, converter, | ||
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this state; or | ||
(2) perform or offer to perform repair services on a | ||
motor vehicle under a franchise and a motor vehicle manufacturer's | ||
warranty, regardless of whether the person sells or offers to sell | ||
motor vehicles at the same location. | ||
SECTION 2.02. Section 2301.258, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR | ||
MANUFACTURER'S, DISTRIBUTOR'S, OR CONVERTER'S[ |
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distributor's, or converter's[ |
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be on a form prescribed by the department. The application must | ||
include information the department 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 determines pertinent to safeguard the public interest | ||
and welfare. | ||
SECTION 2.03. Section 2301.264(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The annual fees for a license issued under this chapter | ||
are: | ||
(1) $900 for a manufacturer or distributor, plus $20 | ||
for each dealer franchised by the manufacturer or distributor; | ||
(2) for a franchised dealer: | ||
(A) $175, if the dealer sold fewer than 201 new | ||
motor vehicles during the preceding calendar year; | ||
(B) $275, if the dealer sold more than 200 but | ||
fewer than 401 new motor vehicles during the preceding calendar | ||
year; | ||
(C) $400, if the dealer sold more than 400 but | ||
fewer than 801 new motor vehicles during the preceding calendar | ||
year; | ||
(D) $500, if the dealer sold more than 800 but | ||
fewer than 1,201 new motor vehicles during the preceding calendar | ||
year; | ||
(E) $625, if the dealer sold more than 1,200 but | ||
fewer than 1,601 new motor vehicles during the preceding calendar | ||
year; | ||
(F) $750, if the dealer sold more than 1,600 new | ||
motor vehicles during the preceding calendar year; and | ||
(G) $100 for each location separate from the | ||
dealership at which the dealer does not offer motor vehicles for | ||
sale but performs warranty service work on vehicles the dealer is | ||
franchised and licensed to sell; | ||
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(A) $175, if the lessor leased 200 or fewer motor | ||
vehicles during the preceding calendar year; | ||
(B) $275, if the lessor leased more than 200 but | ||
fewer than 401 motor vehicles during the preceding calendar year; | ||
(C) $400, if the lessor leased more than 400 but | ||
fewer than 801 motor vehicles during the preceding calendar year; | ||
(D) $500, if the lessor leased more than 800 but | ||
fewer than 1,201 motor vehicles during the preceding calendar year; | ||
(E) $625, if the lessor leased more than 1,200 | ||
but fewer than 1,601 motor vehicles during the preceding calendar | ||
year; and | ||
(F) $750, if the lessor leased more than 1,600 | ||
motor vehicles during the preceding calendar year; and | ||
(5) [ |
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SECTION 2.04. Section 2301.304, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2301.304. PROCEDURE FOR RENEWAL OF CERTAIN LICENSES. | ||
The holder of a manufacturer's, distributor's, or converter's[ |
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complying with the application process specified by this chapter | ||
and board rule. | ||
SECTION 2.05. 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[ |
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notice before the date the show or exhibition opens[ |
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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 [ |
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department receives written notice of the show or exhibition before | ||
the date the show or exhibition opens; and | ||
(2) the sale is not otherwise prohibited by law. | ||
SECTION 2.06. Section 2301.709, Occupations Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The board shall adopt rules and policies that establish | ||
standards for reviewing a case under this subchapter. The rules and | ||
policies must: | ||
(1) specify the role of division personnel in managing | ||
contested cases before the board or a person delegated power from | ||
the board under Section 2301.154, including advising on procedural | ||
matters; | ||
(2) specify appropriate conduct and discussion by the | ||
board or a person delegated power from the board under Section | ||
2301.154 regarding proposals for decision issued by administrative | ||
law judges; | ||
(3) specify clear expectations limiting arguments and | ||
discussion under Subsection (b) to evidence in the record of the | ||
contested case hearing held by the administrative law judge; | ||
(4) address ex parte communications; and | ||
(5) distinguish between using industry expertise and | ||
representing or advocating for an industry when reviewing a case | ||
under this subchapter. | ||
SECTION 2.07. Subchapter Q, Chapter 2301, Occupations Code, | ||
is amended by adding Section 2301.807 to read as follows: | ||
Sec. 2301.807. REFUND. If, after a proceeding under this | ||
chapter and board rules, the board determines that a person is | ||
violating or has violated this chapter or a rule adopted or order | ||
issued under this chapter, the board may order the person to pay a | ||
refund to the buyer or lessee of the motor vehicle that is the | ||
subject of the proceeding. | ||
SECTION 2.08. Section 2302.101, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2302.101. [ |
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DEALER LICENSE. (a) Unless a person holds a salvage vehicle | ||
dealer license issued under this chapter, the person may not: | ||
(1) act as a salvage vehicle dealer or rebuilder; or | ||
(2) store or display a motor vehicle as an agent or | ||
escrow agent of an insurance company. | ||
(b) A person who holds a salvage vehicle dealer license | ||
issued under this chapter may perform any of the activities of a | ||
salvage vehicle dealer, including: | ||
(1) buying salvage motor vehicles and nonrepairable | ||
motor vehicles or selling salvage motor vehicles and nonrepairable | ||
motor vehicles that have been issued a salvage vehicle title or | ||
nonrepairable vehicle title, as appropriate; | ||
(2) engaging in the business of selling nonrepairable | ||
motor vehicles or salvage motor vehicles at auction, including | ||
wholesale auction; | ||
(3) offering or negotiating to sell or buy salvage | ||
motor vehicles or nonrepairable motor vehicles owned by a license | ||
holder and to be purchased or sold by another license holder; | ||
(4) acting as the agent or representative of a license | ||
holder in performing an act described by Subdivision (3); and | ||
(5) acquiring and repairing, rebuilding, or | ||
reconstructing for operation on a public highway more than five | ||
salvage motor vehicles in a calendar year. | ||
SECTION 2.09. Section 2302.103, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2302.103. APPLICATION FOR SALVAGE VEHICLE DEALER | ||
LICENSE. [ |
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person must submit to the department an application on a form | ||
prescribed by the department and the application fee. | ||
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SECTION 2.10. Section 2302.151, Occupations Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) A license issued under this chapter is valid for the | ||
period prescribed by the board [ |
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(c) If the board prescribes the term of a license under this | ||
chapter for a period other than one year, the board shall prorate | ||
the applicable fee required under this chapter as necessary to | ||
reflect the term of the license. | ||
SECTION 2.11. Section 2302.351(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If a salvage vehicle dealer or[ |
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dealer acting in the course of employment[ |
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than one offense under Section 2302.353(a), the district attorney | ||
for a county in which the dealer's salvage business is located may | ||
bring an action in that county to enjoin the dealer's business | ||
operations for a period of at least one year. | ||
SECTION 2.12. Subchapter H, Chapter 2302, Occupations Code, | ||
is amended by adding Section 2302.355 to read as follows: | ||
Sec. 2302.355. CEASE AND DESIST ORDER. If it appears to the | ||
board that a person who is not licensed under this chapter is | ||
violating this chapter or a rule or order adopted under this | ||
chapter, the board, after notice and opportunity for a hearing, may | ||
issue a cease and desist order prohibiting the person from engaging | ||
in the activity. | ||
SECTION 2.13. Subchapter B, Chapter 503, Transportation | ||
Code, is amended by adding Section 503.0296 to read as follows: | ||
Sec. 503.0296. INDEPENDENT MOTOR VEHICLE DEALER EDUCATION | ||
AND TRAINING REQUIREMENT. (a) The department by rule shall | ||
require that an applicant for an original or renewal general | ||
distinguishing number who proposes to be an independent motor | ||
vehicle dealer complete web-based education and training developed | ||
or approved by the department. The education and training must | ||
include information on the laws and board rules applicable to an | ||
independent motor vehicle dealer, including the consequences of | ||
violating those laws and rules. | ||
(b) An applicant described by Subsection (a) who satisfies | ||
the education and training required under this section is not | ||
required to complete additional education and training under this | ||
section for the subsequent renewal of the applicant's general | ||
distinguishing number. | ||
SECTION 2.14. Subchapter F, Chapter 643, Transportation | ||
Code, is amended by adding Section 643.257 to read as follows: | ||
Sec. 643.257. REFUND BY MOTOR CARRIERS TRANSPORTING | ||
HOUSEHOLD GOODS. The department may order a motor carrier that | ||
violates this chapter or a rule or order adopted under this chapter | ||
to pay a refund to a consumer who paid the motor carrier to | ||
transport household goods. | ||
SECTION 2.15. Sections 2301.264(c), 2302.001(6), 2302.102, | ||
and 2302.107, Occupations Code, are repealed. | ||
SECTION 2.16. (a) The changes in law made by this Act to | ||
Chapters 2301 and 2302, Occupations Code, do not affect the | ||
validity of a proceeding pending before a court or other | ||
governmental entity on the effective date of this Act. | ||
(b) An offense or other violation of law committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense or violation was committed before the | ||
effective date of this Act if any element of the offense or | ||
violation occurred before that date. | ||
(c) On the effective date of this Act, a representative's | ||
license issued under Chapter 2301, Occupations Code, as that law | ||
existed immediately before the effective date of this Act, expires. | ||
(d) On the effective date of this Act, a salvage vehicle | ||
agent license issued under former Section 2302.107, Occupations | ||
Code, expires. | ||
(e) Section 2302.151(a), Occupations Code, as amended by | ||
this Act, applies only to a license issued or renewed on or after | ||
September 1, 2019. A license issued or renewed before that date is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 2.17. As soon as practicable after the effective | ||
date of this Act, the Texas Department of Motor Vehicles shall adopt | ||
rules as required by Section 503.0296, Transportation Code, as | ||
added by this Act. A rule adopted by the department as required by | ||
that section may not require a person to complete the education and | ||
training developed or approved under that section if the person, on | ||
the effective date of this Act, has held an independent motor | ||
vehicle dealer's general distinguishing number issued under | ||
Chapter 503, Transportation Code, for at least 10 years. | ||
ARTICLE 3. DIGITAL LICENSE PLATES | ||
SECTION 3.01. Chapter 504, Transportation Code, is amended | ||
by adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. DIGITAL LICENSE PLATES | ||
Sec. 504.151. DEFINITIONS. In this subchapter: | ||
(1) "Digital license plate" means an electronic | ||
display that is designed to: | ||
(A) display the information required to be | ||
included on a physical license plate; and | ||
(B) be placed on the rear of a vehicle in lieu of | ||
a physical license plate issued under this chapter. | ||
(2) "Digital license plate provider" means a person | ||
engaged in the business of providing digital license plate hardware | ||
and services to vehicle owners, including the sale or lease of and | ||
issuance of digital license plates. | ||
Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this subchapter or a rule adopted under this | ||
subchapter, a digital license plate issued under this subchapter is | ||
subject to the laws of this state applicable to a physical license | ||
plate. | ||
Sec. 504.153. RULES. The board shall adopt rules as | ||
necessary to implement and administer this subchapter. | ||
Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The | ||
board by rule shall allow a vehicle described by Subsection (b) to | ||
be equipped with a digital license plate that is placed on the rear | ||
of the vehicle in lieu of a physical license plate issued under this | ||
chapter. The rule must require the owner of a vehicle issued a | ||
digital license plate to obtain a physical license plate to be | ||
placed on the front of the vehicle unless the vehicle is of a class | ||
of vehicles that is not required to display two license plates, as | ||
provided by other law. | ||
(b) A vehicle registered under Chapter 502 may be equipped | ||
with a digital license plate only if the vehicle: | ||
(1) is part of a commercial fleet, as defined by | ||
Section 502.001; | ||
(2) is owned or operated by a governmental entity; or | ||
(3) is not a passenger vehicle. | ||
(c) The department may contract with digital license plate | ||
providers for the issuance of digital license plates, including any | ||
services related to the issuance of digital license plates. | ||
(d) Notwithstanding any other law, a rule adopted under this | ||
subchapter may: | ||
(1) authorize the display of the vehicle's | ||
registration insignia on a digital license plate issued for the | ||
vehicle in lieu of attaching the registration insignia to the | ||
inside of the vehicle's windshield as required by Section 502.059; | ||
(2) establish a fee in an amount necessary to cover any | ||
administrative costs incurred that relate to the issuance of a | ||
digital license plate and exceed the administrative costs incurred | ||
for the issuance of a physical license plate; or | ||
(3) prohibit a digital license plate provider from | ||
contracting with the department under Subchapter J. | ||
Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND | ||
PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the | ||
specifications and requirements for digital license plates, | ||
including requirements for the placement of digital license plates. | ||
The design of and information displayed on a digital license plate | ||
must be approved by the department. | ||
(b) A digital license plate issued under this subchapter | ||
must: | ||
(1) meet the specifications and requirements adopted | ||
under Subsection (a); | ||
(2) include the information required to be included on | ||
a physical license plate and legibly display that information at | ||
all times and in all light conditions, provided that the license | ||
plate may display the information in a smaller typeface when the | ||
vehicle is parked; | ||
(3) have wireless connectivity capability; and | ||
(4) provide benefits to law enforcement that meet or | ||
exceed the benefits provided by physical license plates as of the | ||
time of enactment of this subchapter and as determined by the | ||
Department of Public Safety. | ||
(c) In adopting rules under Subsection (a), the board shall | ||
consult with the Department of Public Safety. Except as otherwise | ||
provided by this subsection and Section 2001.036, Government Code, | ||
a rule adopted under Subsection (a) takes effect on the 31st day | ||
after the date on which the rule is filed in the office of the | ||
secretary of state. A rule adopted under Subsection (a) does not | ||
take effect if, not later than the 30th day after the date on which | ||
the rule is filed in the office of the secretary of state, the | ||
public safety director of the Department of Public Safety submits | ||
to the office of the secretary of state written notification | ||
invalidating the rule. | ||
(d) A rule adopted under this subchapter may: | ||
(1) authorize the use of a digital license plate for | ||
electronic toll collection or to display a parking permit; or | ||
(2) establish procedures for displaying on a digital | ||
license plate: | ||
(A) an emergency alert or other public safety | ||
alert issued by a governmental entity, including an alert | ||
authorized under Subchapter L, M, or P, Chapter 411, Government | ||
Code; | ||
(B) vehicle manufacturer safety recall notices; | ||
(C) static logo displays, including unique | ||
displays for fleet vehicles; or | ||
(D) advertising approved by the department. | ||
Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND | ||
DUTIES. A digital license plate provider with whom the department | ||
contracts under Section 504.154: | ||
(1) shall maintain an inventory of the digital license | ||
plates issued by the provider in this state; | ||
(2) shall make available a digital version of each | ||
specialty license plate authorized by this chapter, other than | ||
personalized license plates authorized for marketing and sale under | ||
Subchapter J, provided that: | ||
(A) each issuance of a specialty license plate | ||
with restricted distribution, including a license plate authorized | ||
under Subchapter C, D, E, or F, must be approved by the department; | ||
and | ||
(B) the provider shall remit to the department in | ||
the manner prescribed by the department all money: | ||
(i) payable to the department; or | ||
(ii) required to be used or deposited in the | ||
manner prescribed by the law establishing the license plate; | ||
(3) may contract with the private vendor under | ||
Subchapter J to make available a digital version of a personalized | ||
license plate authorized for marketing and sale under that | ||
subchapter, provided that the contract shall conform with any | ||
applicable requirements of Subchapter J and the terms of the | ||
private vendor's contract with the department; | ||
(4) shall, if a digital license plate displays a | ||
registration insignia as authorized by a rule adopted under Section | ||
504.154(d)(1), promptly update the display of the registration | ||
insignia to reflect the current registration period for the vehicle | ||
and, on request of the department, suspend the display of the | ||
registration insignia or indicate on the license plate that the | ||
registration insignia for the vehicle is expired; | ||
(5) may provide any service related to the issuance of | ||
a digital license plate that is authorized by board rule, including | ||
the sale, lease, and installation of and customer service for a | ||
digital license plate; and | ||
(6) may charge a fee, payable in installments, for the | ||
issuance of a digital license plate or any additional services | ||
provided by the provider for that license plate. | ||
Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES. | ||
It is a defense to prosecution of an offense involving the operation | ||
of a motor vehicle and relating to the placement of a license plate | ||
or the display of a registration insignia that the vehicle was | ||
operated in compliance with rules issued under this subchapter | ||
governing the placement of a digital license plate or the display of | ||
a registration insignia on a digital license plate, as applicable. | ||
SECTION 3.02. Not later than December 31, 2020, the board of | ||
the Texas Department of Motor Vehicles shall adopt the rules | ||
required by Subchapter B-1, Chapter 504, Transportation Code, as | ||
added by this Act, and any other rules necessary to implement and | ||
administer that subchapter. | ||
ARTICLE 4. REGISTRATION AND TITLING | ||
SECTION 4.01. Section 520.004, Transportation Code, is | ||
amended to read as follows: | ||
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; [ |
||
(3) may conduct public service education campaigns | ||
related to the department's functions; and | ||
(4) shall establish a risk-based system of monitoring | ||
and preventing fraudulent activity related to vehicle registration | ||
and titling in order to efficiently allocate resources and | ||
personnel. | ||
SECTION 4.02. Section 520.005, Transportation Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) Each county assessor-collector shall make available to | ||
motor vehicle dealers the electronic system designed by the | ||
department that allows a motor vehicle dealer to submit a title and | ||
registration application online in the name of the purchaser of a | ||
motor vehicle. | ||
SECTION 4.03. Subchapter A, Chapter 520, Transportation | ||
Code, is amended by adding Sections 520.0075, 520.010, and 520.011 | ||
to read as follows: | ||
Sec. 520.0075. CONTRACTING STANDARDS FOR TAX | ||
ASSESSOR-COLLECTOR. (a) In this section, "deputy" means a deputy | ||
classified as a full service deputy by a board rule adopted under | ||
Section 520.0071. | ||
(b) Notwithstanding Section 262.023, Local Government Code, | ||
a county tax assessor-collector who awards a contract to a deputy | ||
for the performance of registration and titling services must | ||
comply with standard state contracting practices as if the county | ||
tax assessor-collector were a state agency, including requirements | ||
related to: | ||
(1) purchase methods and competitive bidding under | ||
Sections 2155.062 and 2155.063, Government Code; | ||
(2) determining the best value for the county under | ||
Sections 2155.074, 2155.075, and 2155.0755, Government Code; | ||
(3) contracting standards and oversight under Chapter | ||
2261, Government Code; and | ||
(4) contract management under Chapter 2262, | ||
Government Code. | ||
(c) A contract described by Subsection (b) must: | ||
(1) specify an expiration date and renewal or | ||
extension terms for the contract; and | ||
(2) include performance criteria and measures | ||
necessary to evaluate the performance of the deputy under the | ||
contract. | ||
(d) A county tax assessor-collector shall monitor and | ||
evaluate the performance of a deputy awarded a contract described | ||
by this section and use that information in determining whether to | ||
renew or extend the contract or award a new contract. | ||
Sec. 520.010. AUDIT AND INVESTIGATION RELATED TO | ||
REGISTRATION AND TITLING SERVICES. (a) The department may: | ||
(1) audit or perform a compliance review of a person | ||
performing registration or titling services; | ||
(2) investigate any provision of state functions | ||
related to registration or titling; and | ||
(3) access any records needed to conduct the audit, | ||
compliance review, or investigation. | ||
(b) A county tax assessor-collector may: | ||
(1) audit, perform a compliance review of, or | ||
investigate a person providing registration or titling services in | ||
the county in which the assessor-collector is located; and | ||
(2) access any records needed to conduct the audit, | ||
compliance review, or investigation. | ||
(c) The department's authority under Subsection (a) is not | ||
limited by a similar audit, compliance review, or investigation | ||
conducted by a county tax assessor-collector under Subsection (b). | ||
Sec. 520.011. AUDIT OF COUNTY TAX ASSESSOR-COLLECTOR. The | ||
comptroller, in coordination with the department, may include, as | ||
part of the comptroller's regular audits of state revenue | ||
collection by county tax assessor-collector offices, the review of | ||
processes relating to a county's collection and remittance of | ||
revenue included in an audit. | ||
SECTION 4.04. Chapter 520, Transportation Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. AUTOMATED REGISTRATION AND TITLING SYSTEM | ||
Sec. 520.021. RULES AND POLICIES. The department may adopt | ||
rules and policies for the maintenance and use of the department's | ||
automated registration and titling system. | ||
Sec. 520.022. ACCESS TO SYSTEM. The department has the sole | ||
authority to determine access to the department's automated | ||
registration and titling system. | ||
Sec. 520.023. TRAINING. (a) The department shall | ||
implement a training program providing information on the: | ||
(1) department's automated registration and titling | ||
system; and | ||
(2) identification of fraudulent activity related to | ||
vehicle registration and titling. | ||
(b) The department shall require a person performing | ||
registration or titling services to complete the training under | ||
Subsection (a). | ||
SECTION 4.05. (a) Each county tax assessor-collector who | ||
has, before the effective date of this Act, entered into a contract | ||
described by Section 520.0075, Transportation Code, as added by | ||
this Act, shall rebid the contract using the contracting standards | ||
provided under that section not later than March 31, 2020. | ||
(b) In order to assist a county tax assessor-collector in | ||
the rebidding of contracts under Subsection (a) of this section, | ||
the Texas Department of Motor Vehicles shall provide guidance and | ||
recommendations on contracting practices to the county tax | ||
assessor-collector. | ||
SECTION 4.06. Not later than December 1, 2019, the Texas | ||
Department of Motor Vehicles shall adopt rules to implement the | ||
training program required by Section 520.023, Transportation Code, | ||
as added by this Act. | ||
SECTION 4.07. Not later than March 1, 2020, the Texas | ||
Department of Motor Vehicles shall, in coordination with county tax | ||
assessors-collectors and in accordance with Subchapter C, Chapter | ||
520, Transportation Code, as added by this Act, develop, adopt, and | ||
implement rules that create clear criteria for the suspension or | ||
denial of access to the department's automated registration and | ||
titling system if a county tax assessor-collector suspects abuse, | ||
fraud, or waste relating to the system by an employee of the | ||
assessor-collector's or a person deputized under Section 520.0071, | ||
Transportation Code. | ||
SECTION 4.08. Not later than September 1, 2020, each county | ||
tax assessor-collector shall make available the electronic system | ||
to motor vehicle dealers as required by Section 520.005(e), | ||
Transportation Code, as added by this Act. | ||
ARTICLE 5. MOTOR VEHICLE CRIME PREVENTION AUTHORITY | ||
SECTION 5.01. Subtitle M, Title 7, Transportation Code, is | ||
amended by adding Chapter 1006, and a heading is added to that | ||
chapter to read as follows: | ||
CHAPTER 1006. MOTOR VEHICLE CRIME PREVENTION AUTHORITY | ||
SECTION 5.02. Chapter 1006, Transportation Code, as added | ||
by this Act, is amended by adding Subchapter A, and a heading is | ||
added to that subchapter to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 5.03. Section 1, Article 4413(37), Revised | ||
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. | ||
3225), Acts of the 80th Legislature, Regular Session, 2007, is | ||
transferred to Subchapter A, Chapter 1006, Transportation Code, as | ||
added by this Act, redesignated as Section 1006.001, Transportation | ||
Code, reenacted, and amended to read as follows: | ||
Sec. 1006.001 [ |
||
(1) "Authority" means the Motor Vehicle Crime | ||
[ |
||
(2) "Economic motor vehicle theft" means motor vehicle | ||
burglary or theft committed for financial gain. | ||
(3) "Insurer" means any insurance company writing any | ||
form of motor vehicle insurance in this state, including an | ||
interinsurance or reciprocal exchange, mutual company, mutual | ||
association, or Lloyd's plan [ |
||
|
||
(4) [ |
||
|
||
[ |
||
or a vehicle, trailer, or semitrailer designed for use with a | ||
self-propelled vehicle. The term does not include a vehicle that | ||
runs exclusively on fixed rails or tracks or a piece of equipment | ||
operated solely on private property. | ||
(5) "Motor vehicle burglary or theft" includes | ||
economic motor vehicle theft. | ||
SECTION 5.04. Section 2, Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter A, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.002, Transportation Code, and amended to read as follows: | ||
Sec. 1006.002 [ |
||
[ |
||
established in the department [ |
||
The authority is not an advisory body to the department [ |
||
|
||
SECTION 5.05. Chapter 1006, Transportation Code, as added | ||
by this Act, is amended by adding Subchapter B, and a heading is | ||
added to that subchapter to read as follows: | ||
SUBCHAPTER B. COMPOSITION AND ADMINISTRATION | ||
SECTION 5.06. Sections 3(a), (b), (c), (d), (i), (j), and | ||
(k), Article 4413(37), Revised Statutes, are transferred to | ||
Subchapter B, Chapter 1006, Transportation Code, as added by this | ||
Act, redesignated as Sections 1006.051 and 1006.052, | ||
Transportation Code, and amended to read as follows: | ||
Sec. 1006.051. AUTHORITY MEMBERSHIP. (a) The authority is | ||
composed of seven members. | ||
(b) The governor, with the advice and consent of the senate, | ||
shall appoint the following six members: | ||
(1) two representatives of motor vehicle insurance | ||
consumers; | ||
(2) two representatives of insurance companies | ||
writing motor vehicle insurance in this state; and | ||
(3) two representatives of law enforcement. | ||
(c) The public safety director of the Department of Public | ||
Safety or the director's designee serves ex officio as the seventh | ||
member of the authority. | ||
(d) Appointments to the authority shall be made without | ||
regard to race, color, disability, sex, religion, age, or national | ||
origin of the appointees. | ||
Sec. 1006.052. ELIGIBILITY RESTRICTIONS. (a) [ |
||
person is not eligible for appointment as a representative of motor | ||
vehicle insurance consumers under Section 1006.051(b)(1) | ||
[ |
||
spouse: | ||
(1) is registered, certified, or licensed by an | ||
occupational regulatory agency in the field of motor vehicle | ||
insurance or law enforcement; | ||
(2) is an officer, employee, or paid consultant of a | ||
Texas trade association in the field of motor vehicle insurance or | ||
law enforcement; | ||
(3) is employed by or participates in the management | ||
of a business entity or other organization receiving funds from the | ||
authority; | ||
(4) owns or controls, directly or indirectly, more | ||
than a 10 percent [ |
||
other organization receiving funds from the authority; or | ||
(5) uses or receives a substantial amount of tangible | ||
goods, services, or funds from the authority, other than | ||
reimbursement authorized by law for service on the board of the | ||
authority. | ||
(b) [ |
||
|
||
cooperative, and voluntarily joined association of business or | ||
professional competitors in this state designed to assist the | ||
association's [ |
||
profession in dealing with mutual business or professional problems | ||
and in promoting the members' [ |
||
(c) [ |
||
authority [ |
||
person is required to register as a lobbyist under Chapter 305, | ||
Government Code, because of the person's activities for | ||
compensation on behalf of a profession related to [ |
||
|
||
SECTION 5.07. Section 3(e), Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter B, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.053, Transportation Code, and amended to read as follows: | ||
Sec. 1006.053. TERM OF OFFICE; VACANCY. (a) [ |
||
members of the authority appointed by the governor serve staggered | ||
six-year terms, with the terms of two members expiring February 1 of | ||
each odd-numbered year. | ||
(b) If there is a vacancy during a term, the governor shall | ||
appoint a replacement who meets the requirements of the vacant | ||
office to fill the unexpired term. | ||
SECTION 5.08. Section 5(a), Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter B, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.054, Transportation Code, and amended to read as follows: | ||
Sec. 1006.054. PRESIDING OFFICER. [ |
||
shall designate a member of the authority as the presiding officer | ||
of the authority to serve in that capacity at the pleasure of the | ||
governor. | ||
SECTION 5.09. Sections 3(f), (g), (h), and (l), Article | ||
4413(37), Revised Statutes, are transferred to Subchapter B, | ||
Chapter 1006, Transportation Code, as added by this Act, | ||
redesignated as Sections 1006.055 and 1006.056, Transportation | ||
Code, and amended to read as follows: | ||
Sec. 1006.055. GROUNDS FOR REMOVAL. (a) [ |
||
ground for removal from the authority if a member: | ||
(1) does not have at the time of appointment the | ||
qualifications required by Section 1006.051(b) [ |
||
is disqualified under Section 1006.052 [ |
||
|
||
(2) does not maintain during service on the authority | ||
the qualifications required by Section 1006.051(b) [ |
||
|
||
|
||
(3) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term [ |
||
(4) is absent from more than half of the regularly | ||
scheduled authority meetings that the member is eligible to attend | ||
during a calendar year. | ||
(b) [ |
||
affected by the fact that it is taken when a ground for removal of a | ||
member of the authority exists. | ||
(c) [ |
||
potential ground for removal exists, the executive director shall | ||
notify the presiding officer of the authority of the potential | ||
ground. The presiding officer shall then notify the governor and | ||
the attorney general that a potential ground for removal exists. If | ||
the potential ground for removal involves the presiding officer, | ||
the executive director shall notify the next highest officer of the | ||
authority, who shall notify the governor and the attorney general | ||
that a potential ground for removal exists. | ||
Sec. 1006.056. INFORMATION ON QUALIFICATIONS AND CONDUCT. | ||
[ |
||
shall provide to members of the authority, as often as necessary, | ||
information regarding the members' [ |
||
office under this chapter [ |
||
under applicable laws relating to standards of conduct for state | ||
officers. | ||
SECTION 5.10. Sections 5(c), (d), and (e), Article | ||
4413(37), Revised Statutes, are transferred to Subchapter B, | ||
Chapter 1006, Transportation Code, as added by this Act, | ||
redesignated as Section 1006.057, Transportation Code, and amended | ||
to read as follows: | ||
Sec. 1006.057. MEMBER TRAINING. (a) A [ |
||
|
||
is appointed to and qualifies for office as a member of the | ||
authority may not vote, deliberate, or be counted as a member in | ||
attendance at a meeting of the authority until the person completes | ||
[ |
||
complies with this section [ |
||
(b) [ |
||
must provide the person with information [ |
||
(1) the law governing authority operations [ |
||
|
||
|
||
(2) the programs, functions, rules, and budget of | ||
[ |
||
(3) the scope of and limitations on the rulemaking | ||
authority [ |
||
(4) [ |
||
[ |
||
[ |
||
the authority; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, [ |
||
[ |
||
|
||
[ |
||
disclosure of conflicts of interest; and | ||
(B) other laws applicable to members of the | ||
authority in performing their duties [ |
||
|
||
[ |
||
|
||
(6) [ |
||
the department or the Texas Ethics Commission. | ||
(c) [ |
||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program, | ||
regardless of whether the attendance at the program occurs before | ||
or after [ |
||
|
||
|
||
(d) The executive director shall create a training manual | ||
that includes the information required by Subsection (b). The | ||
executive director shall distribute a copy of the training manual | ||
annually to each member of the authority. Each member of the | ||
authority shall sign and submit to the executive director a | ||
statement acknowledging that the member received and has reviewed | ||
the training manual. | ||
SECTION 5.11. Section 4, Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter B, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.058, Transportation Code, and amended to read as follows: | ||
Sec. 1006.058 [ |
||
the authority is not entitled to compensation for service on the | ||
authority but is entitled to reimbursement for expenses incurred in | ||
performing the member's duties at the rate provided by [ |
||
General Appropriations Act. | ||
SECTION 5.12. Sections 6(e), (f), and (g), Article | ||
4413(37), Revised Statutes, are transferred to Subchapter B, | ||
Chapter 1006, Transportation Code, as added by this Act, | ||
redesignated as Sections 1006.059 and 1006.060, Transportation | ||
Code, and amended to read as follows: | ||
Sec. 1006.059. PERSONNEL AND SERVICES. (a) [ |
||
authority may be provided various services only by or through the | ||
department as needed to carry out the authority's [ |
||
powers, and duties. These services may include[ |
||
|
||
fiscal services, administrative services, and personnel services. | ||
[ |
||
|
||
|
||
(b) [ |
||
services to the authority as agreed by the authority and the | ||
department. | ||
Sec. 1006.060. DIVISION OF RESPONSIBILITIES. [ |
||
authority shall, in coordination with the department, develop and | ||
implement policies that clearly separate the policymaking | ||
responsibilities of the authority and the management | ||
responsibilities of the department. | ||
SECTION 5.13. Section 5(b), Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter B, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.061, Transportation Code, and amended to read as follows: | ||
Sec. 1006.061. MEETINGS. [ |
||
at the call of the presiding officer [ |
||
four members. | ||
SECTION 5.14. Section 6(h), Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter B, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.062, Transportation Code, and amended to read as follows: | ||
Sec. 1006.062. PUBLIC TESTIMONY. [ |
||
shall develop and implement policies that provide the public with a | ||
reasonable opportunity to appear before the authority and to speak | ||
on any issue under the [ |
||
SECTION 5.15. Subchapter B, Chapter 1006, Transportation | ||
Code, as added by this Act, is amended by adding Section 1006.063 to | ||
read as follows: | ||
Sec. 1006.063. LOBBYIST PROHIBITION: GENERAL COUNSEL. A | ||
person may not act as the general counsel to the authority if the | ||
person is required to register as a lobbyist under Chapter 305, | ||
Government Code, because of the person's activities for | ||
compensation on behalf of a profession related to motor vehicle | ||
insurance or law enforcement. | ||
SECTION 5.16. Chapter 1006, Transportation Code, as added | ||
by this Act, is amended by adding Subchapter C, and a heading is | ||
added to that subchapter to read as follows: | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
SECTION 5.17. Sections 6(a), (b), (c), and (d), Article | ||
4413(37), Revised Statutes, are transferred to Subchapter C, | ||
Chapter 1006, Transportation Code, as added by this Act, | ||
redesignated as Section 1006.101, Transportation Code, and amended | ||
to read as follows: | ||
Sec. 1006.101. GENERAL POWERS AND DUTIES. (a) The | ||
authority shall adopt rules to implement the authority's [ |
||
powers and duties. | ||
(b) The authority may solicit and accept gifts and grants. | ||
(c) The authority may only use [ |
||
department and may delegate authority to the staff as needed. | ||
(d) Not later than April 1 of each year, the authority shall | ||
report on the authority's [ |
||
governor and the speaker of the house of representatives. | ||
SECTION 5.18. Section 7, Article 4413(37), Revised | ||
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. | ||
3225), Acts of the 80th Legislature, Regular Session, 2007, is | ||
transferred to Subchapter C, Chapter 1006, Transportation Code, as | ||
added by this Act, redesignated as Section 1006.102, Transportation | ||
Code, reenacted, and amended to read as follows: | ||
Sec. 1006.102 [ |
||
shall develop and implement a plan of operation. The plan of | ||
operation must be updated biennially and filed with the legislature | ||
not later than [ |
||
(b) The plan of operation must include: | ||
(1) an assessment of the scope of the problems of motor | ||
vehicle burglary or theft and fraud-related motor vehicle crime | ||
[ |
||
state where the problems are greatest; | ||
(2) an analysis of various methods of combating the | ||
problems of motor vehicle burglary or theft and fraud-related motor | ||
vehicle crime [ |
||
(3) a plan for providing financial support to combat | ||
motor vehicle burglary or theft and fraud-related motor vehicle | ||
crime [ |
||
(4) an estimate of the funds required to implement the | ||
plan of operation. | ||
SECTION 5.19. Section 12, Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter C, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.103, Transportation Code, and amended to read as follows: | ||
Sec. 1006.103 [ |
||
authority may establish advisory committees to advise the authority | ||
[ |
||
(b) Section 2110.008, Government Code, does not apply to an | ||
advisory committee established under this section if the advisory | ||
committee is: | ||
(1) established for a specific and immediate need; and | ||
(2) dissolved before the first anniversary of the date | ||
the committee is created. | ||
(c) A member of an advisory committee may not be compensated | ||
by the authority for committee service but is entitled to | ||
reimbursement for actual and necessary expenses incurred in the | ||
performance of committee service. | ||
SECTION 5.20. Chapter 1006, Transportation Code, as added | ||
by this Act, is amended by adding Subchapter D, and a heading is | ||
added to that subchapter to read as follows: | ||
SUBCHAPTER D. FINANCIAL PROVISIONS | ||
SECTION 5.21. Sections 6(j) and (k), Article 4413(37), | ||
Revised Statutes, are transferred to Subchapter D, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.151, Transportation Code, and amended to read as follows: | ||
Sec. 1006.151. GRANTS. (a) Subject to the requirements of | ||
this section, the authority may enter into contracts in the | ||
authority's own name and on the authority's own behalf with | ||
recipients of grants for purposes of this chapter. | ||
(b) [ |
||
(1) develop and periodically update [ |
||
performance measures for each category of grants provided by the | ||
authority for use in assessing [ |
||
achieving the purposes of this chapter [ |
||
(2) ensure that grants are used to help increase: | ||
(A) the recovery rate of stolen motor vehicles; | ||
(B) the clearance rate of: | ||
(i) motor vehicle burglaries and thefts; | ||
and | ||
(ii) fraud-related motor vehicle crimes; | ||
and | ||
(C) the number of persons arrested for motor | ||
vehicle burglary and theft and fraud-related motor vehicle crime. | ||
(c) [ |
||
primarily based on the number of motor vehicles stolen in, or the | ||
motor vehicle burglary or theft rate across, and the number of | ||
fraud-related motor vehicle crimes committed in the state rather | ||
than based on geographic distribution. | ||
(d) The authority shall, in consultation with the | ||
department, annually update the performance measures developed | ||
under Subsection (b). | ||
SECTION 5.22. Sections 6A and 10, Article 4413(37), Revised | ||
Statutes, are transferred to Subchapter D, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Sections | ||
1006.152 and 1006.153, Transportation Code, and amended to read as | ||
follows: | ||
Sec. 1006.152 [ |
||
authority may make determinations regarding the sufficiency of | ||
payments made by an [ |
||
|
||
1006.153 [ |
||
(b) Pursuant to a [ |
||
Subsection (a), the authority may: | ||
(1) notify the comptroller that payments made by an | ||
insurer are sufficient; and | ||
(2) request the comptroller to draw warrants on the | ||
funds available to the authority for the purpose of refunding money | ||
[ |
||
(c) The authority shall make the determination under | ||
[ |
||
(1) the two members of the authority who are | ||
representatives of insurance companies writing motor vehicle | ||
insurance in this state shall recuse themselves; and | ||
(2) the remaining five members of the authority shall | ||
make the determination by a simple majority vote. | ||
(d) Determinations made under this section shall be | ||
performed in accordance with procedures set forth in rules adopted | ||
by the authority. The question of eligibility for a refund is not a | ||
contested case under [ |
||
|
||
(e) A [ |
||
a refund made under this section must be made not later than four | ||
years after the date the payment was made to the authority under | ||
Section 1006.153 [ |
||
Sec. 1006.153 [ |
||
section,[ |
||
[ |
||
|
||
|
||
|
||
[ |
||
the total number of years or portions of years during which a motor | ||
vehicle is covered by insurance. | ||
(b) An insurer shall pay to the authority a fee equal to $2 | ||
multiplied by the total number of motor vehicle years of insurance | ||
for insurance policies delivered, issued for delivery, or renewed | ||
by the insurer. The fee shall be paid not later than: | ||
(1) March 1 of each year for a policy delivered, | ||
issued, [ |
||
the previous calendar year; and | ||
(2) August 1 of each year for a policy delivered, | ||
issued, [ |
||
that year. | ||
(c) The fee imposed by this section is in addition to any | ||
other fee or tax imposed by law on an insurer. | ||
(d) The authority shall notify the Texas Department [ |
||
|
||
required by this section, and the Texas Department of Insurance | ||
[ |
||
authority. | ||
(e) Fifty percent of each fee collected under Subsection (b) | ||
may be appropriated only to the authority for the purposes of this | ||
chapter [ |
||
SECTION 5.23. Section 8, Article 4413(37), Revised | ||
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. | ||
3225), Acts of the 80th Legislature, Regular Session, 2007, is | ||
transferred to Subchapter D, Chapter 1006, Transportation Code, as | ||
added by this Act, redesignated as Section 1006.154, Transportation | ||
Code, reenacted, and amended to read as follows: | ||
Sec. 1006.154 [ |
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appropriated to the department for authority purposes shall be used | ||
by the authority to pay the department for administrative costs and | ||
to achieve the purposes of this chapter [ |
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(1) [ |
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[ |
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agencies for economic motor vehicle theft and fraud-related motor | ||
vehicle crime enforcement teams; | ||
(2) [ |
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enforcement agencies, local prosecutors, judicial agencies, and | ||
neighborhood, community, business, and nonprofit organizations for | ||
programs designed to reduce the incidence of economic motor vehicle | ||
theft and fraud-related motor vehicle crime; | ||
(3) [ |
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inform motor vehicle owners of methods of preventing motor vehicle | ||
burglary or theft and fraud-related motor vehicle crime; | ||
(4) [ |
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purposes, to assist motor vehicle owners in preventing motor | ||
vehicle burglary or theft; and | ||
(5) [ |
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stolen motor vehicles from entering Mexico. | ||
(b) In any fiscal year, the amount of the administrative | ||
expenses of the authority, including salaries, travel and marketing | ||
expenses, and other overhead expenses may not exceed eight percent | ||
of the total expenditures of the authority. | ||
(c) The cost of personnel and services provided to the | ||
authority by the department and by the attorney general may be paid | ||
only from appropriations made for authority purposes. | ||
Appropriations made for authority purposes may not be used for any | ||
other purpose. | ||
SECTION 5.24. Section 6(i), Article 4413(37), Revised | ||
Statutes, is transferred to Subchapter D, Chapter 1006, | ||
Transportation Code, as added by this Act, redesignated as Section | ||
1006.155, Transportation Code, and amended to read as follows: | ||
Sec. 1006.155. ANNUAL FINANCIAL REPORT. [ |
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authority shall prepare annually a complete and detailed written | ||
report accounting for all funds received and disbursed by the | ||
authority during the preceding fiscal year. The annual report must | ||
meet the reporting requirements applicable to financial reporting | ||
provided by [ |
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SECTION 5.25. Section 981.073(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) A domestic surplus lines insurer is not subject to: | ||
(1) Section 38.003; | ||
(2) Chapter 462; | ||
(3) Chapter 463; | ||
(4) Chapter 501; | ||
(5) Section 981.051; | ||
(6) Section 981.101(b); | ||
(7) Chapter 2007; | ||
(8) Chapter 2301; | ||
(9) Chapter 2251; and | ||
(10) Chapter 1006, Transportation Code [ |
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SECTION 5.26. Section 201.805(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall annually publish in appropriate | ||
media and on the department's Internet website in a format that | ||
allows the information to be read into a commercially available | ||
electronic database a statistical comparison of department | ||
districts and the following information, calculated on a per capita | ||
basis considering the most recent census data and listed for each | ||
county and for the state for each fiscal year: | ||
(1) the number of square miles; | ||
(2) the number of vehicles registered; | ||
(3) the population; | ||
(4) daily vehicle miles; | ||
(5) the number of centerline miles and lane miles; | ||
(6) construction, maintenance, and contracted routine | ||
and preventive maintenance expenditures; | ||
(7) combined construction, maintenance, and | ||
contracted routine and preventive maintenance expenditures; | ||
(8) the number of district and division office | ||
construction and maintenance employees; | ||
(9) information regarding grant programs, including: | ||
(A) Motor Vehicle Crime [ |
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Prevention Authority grants; | ||
(B) Routine Airport Maintenance Program grants; | ||
(C) Public Transportation Grant Program grants; | ||
(D) Medical Transportation Program grants; and | ||
(E) aviation grants or aviation capital | ||
improvement grants; | ||
(10) approved State Infrastructure Bank loans; | ||
(11) Texas Traffic Safety Program grants and | ||
expenditures; | ||
(12) the dollar amount of any pass-through toll | ||
agreements; | ||
(13) the percentage of highway construction projects | ||
completed on time; | ||
(14) the percentage of highway construction projects | ||
that cost: | ||
(A) more than the contract amount; and | ||
(B) less than the contract amount; and | ||
(15) a description of real property acquired by the | ||
department through the exercise of eminent domain, including the | ||
acreage of the property and the location of the property. | ||
SECTION 5.27. Section 1001.151(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Money appropriated to the department for Motor Vehicle | ||
Crime [ |
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purposes and other revenue collected or received by the Motor | ||
Vehicle Crime [ |
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may not be deposited into the fund. | ||
SECTION 5.28. The following provisions are repealed: | ||
(1) Sections 9 and 11, Article 4413(37), Revised | ||
Statutes; | ||
(2) the headings to Sections 3, 5, and 6, Article | ||
4413(37), Revised Statutes; and | ||
(3) the heading to Article 4413(37), Revised Statutes. | ||
SECTION 5.29. (a) Except as provided by Subsection (b) of | ||
this section, Section 1006.057, Transportation Code, as | ||
transferred, redesignated, and amended by this Act, applies to a | ||
person who is appointed before, on, or after the effective date of | ||
this Act to the Automobile Burglary and Theft Prevention Authority | ||
or Motor Vehicle Crime Prevention Authority, as applicable. | ||
(b) A member of the Motor Vehicle Crime Prevention Authority | ||
who, before the effective date of this Act, completed the training | ||
program required by Sections 5(c), (d), and (e), Article 4413(37), | ||
Revised Statutes, as that law existed before the effective date of | ||
this Act, is required to complete additional training only on | ||
subjects added by this Act to the training program as required by | ||
Section 1006.057, Transportation Code, as transferred, | ||
redesignated, and amended by this Act. A member described by this | ||
subsection may not vote, deliberate, or be counted as a member in | ||
attendance at a meeting of the authority held on or after December | ||
1, 2019, until the member completes the additional training. | ||
SECTION 5.30. (a) On the effective date of this Act: | ||
(1) the name of the Automobile Burglary and Theft | ||
Prevention Authority is changed to the Motor Vehicle Crime | ||
Prevention Authority, and all powers, duties, rights, and | ||
obligations of the Automobile Burglary and Theft Prevention | ||
Authority are the powers, duties, rights, and obligations of the | ||
Motor Vehicle Crime Prevention Authority; | ||
(2) a member of the Automobile Burglary and Theft | ||
Prevention Authority is a member of the Motor Vehicle Crime | ||
Prevention Authority; and | ||
(3) any appropriation for the Automobile Burglary and | ||
Theft Prevention Authority is an appropriation for the Motor | ||
Vehicle Crime Prevention Authority. | ||
(b) On and after the effective date of this Act, a reference | ||
in law to the Automobile Burglary and Theft Prevention Authority is | ||
a reference to the Motor Vehicle Crime Prevention Authority. | ||
(c) The Motor Vehicle Crime Prevention Authority is the | ||
authority formerly known as the Automobile Burglary and Theft | ||
Prevention Authority in all respects. All personnel, equipment, | ||
data, documents, facilities, contracts, items, other property, | ||
rules, decisions, and proceedings of or involving the Automobile | ||
Burglary and Theft Prevention Authority are unaffected by the | ||
change in the name of the authority. | ||
ARTICLE 6. STUDY ON IMPOSING FEES ON ALTERNATIVELY FUELED VEHICLES | ||
SECTION 6.01. DEFINITIONS. In this article: | ||
(1) "Alternatively fueled vehicle" has the meaning | ||
assigned by Section 502.004, Transportation Code. | ||
(2) "Conventional vehicle" means a vehicle, as defined | ||
by Section 502.001, Transportation Code, that is exclusively | ||
powered by gasoline or diesel fuel. | ||
(3) "Motor fuel taxes" means the motor fuel taxes | ||
imposed under Chapter 162, Tax Code. | ||
SECTION 6.02. STUDY AND REPORT. (a) Using existing funds, | ||
the Texas Department of Motor Vehicles shall organize a study on: | ||
(1) the impact of the alternatively fueled vehicles | ||
industry on the state; | ||
(2) the options available to the state for collecting | ||
fees from owners of alternatively fueled vehicles to replace the | ||
loss of revenue from motor fuel taxes; and | ||
(3) the feasibility and desirability of establishing a | ||
fee for alternatively fueled vehicles. | ||
(b) The study organized under Subsection (a) of this section | ||
shall be conducted by: | ||
(1) the Texas Department of Motor Vehicles; | ||
(2) the Public Utility Commission of Texas; | ||
(3) the Texas Department of Transportation; | ||
(4) the Department of Public Safety of the State of | ||
Texas; and | ||
(5) the Texas Commission on Environmental Quality. | ||
(c) The study must examine: | ||
(1) the current revenue generated from motor fuel | ||
taxes imposed on a conventional vehicle and each type of | ||
alternatively fueled vehicle for each mile the vehicle is operated; | ||
(2) the net revenue generated by fees and taxes paid by | ||
owners of alternatively fueled vehicles and conventional vehicles | ||
for the use of the vehicle, including motor vehicle registration | ||
fees under Chapter 502, Transportation Code, motor fuel taxes, and | ||
taxes, fees, and surcharges on the retail sale of electricity | ||
consumed by alternatively fueled vehicles; | ||
(3) the methods to determine the average number of | ||
miles traveled in this state by alternatively fueled vehicles and | ||
conventional vehicles each year; | ||
(4) the type and amount of fees by which other states | ||
generate revenue from alternatively fueled vehicles and | ||
conventional vehicles; | ||
(5) alternative methods for determining and | ||
collecting road use fees from owners of alternatively fueled | ||
vehicles, including methods that consider the weight of and the | ||
number of miles traveled by an alternatively fueled vehicle; | ||
(6) the projected revenue to the state for each method | ||
examined under Subdivision (5) of this subsection; | ||
(7) the projected impact of alternatively fueled | ||
vehicles on the state highway system, including the maintenance | ||
required because of the impact; | ||
(8) the projected direct environmental benefit of | ||
alternatively fueled vehicles on vehicle emissions in this state; | ||
and | ||
(9) the projected impact of alternatively fueled | ||
vehicles to the state's power grids and electricity markets. | ||
(d) Not later than December 1, 2020, the Texas Department of | ||
Motor Vehicles shall prepare and submit to the governor, lieutenant | ||
governor, speaker of the house of representatives, and members of | ||
the legislature a written report that includes a summary of the | ||
results of the study conducted under this section and any | ||
legislative recommendations based on the study. | ||
SECTION 6.03. EXPIRATION DATE. This article expires | ||
September 1, 2021. | ||
ARTICLE 7. EFFECTIVE DATE | ||
SECTION 7.01. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 604 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0; | ||
May 20, 2019, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 22, 2019, House | ||
granted request of the Senate; May 26, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 604 passed the House, with | ||
amendments, on May 17, 2019, by the following vote: Yeas 146, | ||
Nays 0, one present not voting; May 22, 2019, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 26, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 1, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |