HB1541 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 29 section(s) of the Texas statutes: Section 1001.005, Transportation Code, Section 1001.030, Transportation Code, Section 1001.041(a), Transportation Code, Section 1001.0411, Transportation Code, Section 1001.042, Transportation Code, Section 2301.203(c), Occupations Code.

• Section 1001.005, Transportation Code

  2019 → 2031

  amended

• Section 1001.030, Transportation Code

  ON DEPARTMENT AND CERTAIN LAWS RELATING TO DEPARTMENT To be eligible to take office as a member of the board, a must complete at least one course of to the person this subchapter operated by role and functions department rules of the department with an emphasis on the rules that relate to disciplinary and investigatory authority the current budget for the department; (6) (7) the law, Chapter 551, Government Code; (B) open records law, Chapter 552, Government Code; and (C) law Chapter 2001, Government Code; (8) the requirements of the conflict of interest laws and other laws relating to public officials (9) board as provided by the General Appropriations Act and as if were a member of the board → BOARD MEMBER A who is and qualifies for office as a member of may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes the person with the law governing department operations board's , functions, and rules and the budget of scope of and limitations on the rulemaking authority board 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 rules, interpretations, and enforcement actions that: (A) regulate the scope of practice of persons in a profession or business the board regulates; (B) restrict advertising by persons in a profession or business the board regulates; (C) affect the price of goods or services provided by persons in a profession or business the board regulates; or (D) restrict participation in a profession or business the board regulates (6) laws relating to , public information, and disclosure of conflicts of interest; and (B) other laws applicable to members of the board in performing their duties (7) department , as provided by the General Appropriations Act, the regardless of whether the attendance at the program occurs before or after qualifies for office (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. On receipt of the training manual, each member of the board shall sign and submit to the executive director a statement acknowledging receipt of the training manual.

  amended

• Section 1001.041(a), Transportation Code

  , including a general counsel,

  amended

• Section 1001.0411, Transportation Code

  (c) In accordance with Section 1001.041(a), the executive director shall hire and oversee a general counsel to advise the department.

  amended

• Section 1001.042, Transportation Code

  define respective → separate policy-making responsibilities of the board and the management , including the appointment of department staff,

  amended

• 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.

  amended

• Section 2301.203(c), Occupations Code

  The → Except as otherwise provided by this subsection, the If the board has previously given a license holder notice and an opportunity to cure any violation of this chapter or a board rule relating to advertising as provided by this subsection, the board may file a complaint alleging a subsequent violation of this chapter or a board rule relating to advertising after the board has notified the license holder involved of the alleged violation.

  amended

• Section 2301.251(a), Occupations Code

  representative,

  amended

• Section 2301.258, Occupations Code

  , OR REPRESENTATIVE'S , or representative's → OR or

  amended

• Section 2301.264(a), Occupations Code

  $100 for a representative; (4) (5) (6) → (4) (5)

  amended

• Section 2301.304, Occupations Code

  , or representative's → or

  amended

• Section 2301.358(c), Occupations Code

  : (1) the show or exhibition is approved by the department; and (2)

  amended

• Section 2301.709, Occupations Code

  (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.

  amended

• Section 2301.807, Occupations Code

  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.

  added

• Section 2302.101, Occupations Code

  LICENSE REQUIRED FOR → LICENSE (a) (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 or selling salvage motor vehicles and nonrepairable motor vehicles that have not been the subject of a retail sale; (2) buying or selling salvage motor vehicles and nonrepairable motor vehicles that have been the subject of a retail sale; (3) engaging in the business of selling nonrepairable motor vehicles or salvage motor vehicles at auction, including wholesale auction; (4) 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; (5) acting as the agent or representative of a license holder in performing an act described by Subdivision (4); and (6) acquiring and repairing, rebuilding, or reconstructing for operation on a public highway more than five salvage motor vehicles in a calendar year.

  amended

• Section 2302.103, Occupations Code

  (a) (b) An applicant may apply for a salvage vehicle dealer license with an endorsement in one or more of the following classifications: (1) new automobile dealer; (2) used automobile dealer; (3) salvage pool operator; (4) salvage vehicle broker; or (5) salvage vehicle rebuilder.

  amended

• Section 2302.151, Occupations Code

  expires on the first anniversary of the date of issuance → is valid for the period prescribed by the board (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.

  amended

• Section 2302.351(b), Occupations Code

  , , or a salvage vehicle agent operating under the dealer's license → or

  amended

• Section 2302.355, Occupations Code

  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.

  added

• Section 643.257

  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.

  added

• Section 520.004, Transportation Code

  and → ; 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

  amended

• Section 520.005, Transportation Code

  (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.

  amended

• Sec. 520.0075. CONTRACTING STANDARDS FOR TAX ASSESSOR-COLLECTOR. (a) In this section, "deputy" means a person deputized to perform registration and titling duties 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.

  amended

• 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).

  amended

• CHAPTER 1006. MOTOR VEHICLE CRIME PREVENTION AUTHORITY

  added

• SUBCHAPTER A. GENERAL PROVISIONS

  amended

• Section 1

  1 article Automobile Burglary and Theft "Department" means the Texas Department of Motor Vehicles "Director" means the executive director of the Texas Department of Transportation. (5) → 1006.001 chapter Motor Vehicle Crime "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 (5) "Motor vehicle burglary or theft" includes economic motor vehicle theft.

  amended

• Section 2

  2 Automobile Burglary and Theft Texas Department of Motor Vehicles Texas Department of Motor Vehicles → 1006.002 ESTABLISHMENT. Motor Vehicle Crime department department

  amended

• SUBCHAPTER B. COMPOSITION AND ADMINISTRATION

  amended

• (i) Subsection (b)(1) of this section 10-percent (j) (i)(2) of this section a is its its their (k) or act as the general counsel to the authority law enforcement or → Sec. 1006.051. AUTHORITY MEMBERSHIP. public safety Sec. 1006.052. ELIGIBILITY RESTRICTIONS. (a) Section 1006.051(b)(1) 10 percent (b) (a)(2) " " means the association's the members' the members' (c) or law enforcement

  amended

• Section 3(e)

  (e) → Sec. 1006.053. TERM OF OFFICE; VACANCY. (a) (b)

  amended

• Section 5(a)

  (a) → Sec. 1006.054. PRESIDING OFFICER.

  amended

• (f) Subsection (b) Subsection (i) or (k) of this section Subsection (b) Subsection (i) or (k) of this section for which the member is appointed (g) (h) (l) their article → Sec. 1006.055. GROUNDS FOR REMOVAL. (a) Section 1006.051(b) Section 1006.052 Section 1006.051(b) Section 1006.052 , , member's (b) (c) executive executive executive Sec. 1006.056. INFORMATION ON QUALIFICATIONS AND CONDUCT. executive executive the members' chapter

  amended

• (c) To be eligible to take office as a member of the authority, a must complete at least one course of Subsection (d) (d) required by Subsection (c) to the person enabling legislation that created the authority and its policymaking body to which the member is appointed to serve operated by role and functions the rules of the authority and the department; (5) the current budget for the authority; (6) (7) the law, Chapter 551, Government Code; (B) open records law, Chapter 552, Government Code; and (C) law Chapter 2001, Government Code; (8) the requirements of the conflict-of-interest laws and other laws relating to public officials (9) (e) required by Subsection (c) as provided by the General Appropriations Act and as if were a member of the authority → Sec. 1006.057. MEMBER TRAINING. (a) A who is and qualifies for office as a member of may not vote, deliberate, or be counted as a member in attendance at a meeting of the authority until the person completes this section (b) the person with law governing authority operations , functions, rules, and budget of scope of and limitations on the rulemaking authority (5) laws relating to , public information, and disclosure of conflicts of interest; and (B) other laws applicable to members of the authority in performing their duties (6) (c) , as provided by the General Appropriations Act, the , regardless of whether the attendance at the program occurs before or after qualifies for office (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. On receipt of the training manual, each member of the authority shall sign and submit to the executive director a statement acknowledging receipt of the training manual.

  amended

• Section 4

  4 in → 1006.058 REIMBURSEMENT FOR for service on the authority by

  amended

• (e) its , but are not limited to, Except as provided by this section, the authority may enter into contracts in its own name and on its own behalf with recipients of grants for purposes of this article. (f) (g) → Sec. 1006.059. PERSONNEL AND SERVICES. (a) the authority's (b) Sec. 1006.060. DIVISION OF RESPONSIBILITIES.

  amended

• Section 5(b)

  (b) chairman → Sec. 1006.061. MEETINGS. presiding officer

  amended

• Section 6(h)

  (h) its → Sec. 1006.062. PUBLIC TESTIMONY. the of the authority

  amended

• Section 1006.063

  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.

  added

• SUBCHAPTER C. POWERS AND DUTIES

  amended