reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.709. Review by Board

Sec. 2301.709.  REVIEW BY BOARD.  (a)   In reviewing a case under this subchapter, the board or a person delegated power from the board under Section 2301.154 may consider only materials that are submitted timely.
(b)  The board or a person delegated power from the board under Section 2301.154 may hear such oral argument from any party as the board may allow.
(c)  The board or a person delegated power from the board under Section 2301.154 shall take any further action conducive to the issuance of a final order and shall issue a written final decision or order.  A majority vote of a quorum of the board is required to adopt a final decision or order of the board.
(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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 26, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.06, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.710. Dismissal of Complaint

Sec. 2301.710.  DISMISSAL OF COMPLAINT.  On the motion of any party, the board or other person delegated final order authority under Section 2301.154, without holding a contested case hearing, may issue a final order dismissing a complaint, protest, or response in accordance with the terms and procedures set forth in the Texas Rules of Civil Procedure.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 27, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.711. Orders and Decisions

Sec. 2301.711.  ORDERS AND DECISIONS.  (a)  Except as otherwise provided by this chapter, the board or a person delegated final order authority under Section 2301.154 shall issue final orders for the implementation and enforcement of this chapter and Chapter 503, Transportation Code.
(b)  An order or decision under this chapter must:
(1)  include a separate finding of fact with respect to each specific issue required by law to be considered in reaching a decision;
(2)  set forth additional findings of fact and conclusions of law on which the order or decision is based;
(3)  give the reasons for the particular actions taken; and
(4)  be signed by the presiding officer or assistant presiding officer for the board, a person delegated final order authority under Section 2301.154, or a hearings examiner in a contested case hearing under Section 2301.204 or Subchapter M.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 20, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 28, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.712. Filing Fee

Sec. 2301.712.  FILING FEE.  (a)  The filing fee for a contested case or a protest that involves a hearing is:
(1)  $35 for a complaint filed under Subchapter M;  and
(2)  $200 for any other complaint or protest.
(b)  If a person who brings a complaint under Subchapter M prevails in the case, the nonprevailing party in the case shall reimburse the amount of the filing fee for the case.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 29, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter O. Hearings Procedures › Section 2301.713. Rehearing

Sec. 2301.713.  REHEARING.  (a)  Except as otherwise provided by this section, a party who seeks a rehearing of an order shall seek the rehearing in accordance with Chapter 2001, Government Code.
(b)  The board by rule may establish procedures to allow a party to a contested case to file a motion for rehearing.
(c)  A motion for rehearing in a contested case under Section 2301.204 or Subchapter M must be filed with the chief hearings examiner. The chief hearings examiner may designate a person to decide the motion.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 30, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 10, eff. January 1, 2014.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 354 (H.B. 2070), Sec. 6, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.751. Judicial Review Generally

Sec. 2301.751.  JUDICIAL REVIEW GENERALLY.  (a)  A party to a proceeding affected by a final order, rule, or decision or other final action of the board with respect to a matter arising under this chapter or Chapter 503, Transportation Code, may seek judicial review of the action under the substantial evidence rule in:
(1)  a district court in Travis County; or
(2)  the court of appeals for the Fifteenth Court of Appeals District.
(b)  Except as otherwise provided by this chapter, an appeal brought in a district court may be removed to the court of appeals by any party before trial in the district court on the filing of notice of removal with the district court.
(c)  Judicial review by a court, to the extent not in conflict with this chapter, is in the manner provided by Chapter 2001, Government Code.  Judicial review in the court of appeals:
(1)  is initiated under Chapter 2001, Government Code, in the manner review is initiated for a proceeding in a district court;  and
(2)  is governed by the applicable rules of appellate procedure.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 31, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.12, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.752. Time for Filing; Citation

Sec. 2301.752.  TIME FOR FILING;  CITATION.  (a)  A petition for judicial review under this chapter must be filed not later than the 30th day after the date on which the action, ruling, order, or decision becomes final and appealable.
(b)  Citation for an appeal must be served on the executive director or the executive director's designee and each party of record in the matter.  For an appeal initiated in the court of appeals, the court shall cause the citation to be issued.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 32, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.753. Additional Evidence

Sec. 2301.753.  ADDITIONAL EVIDENCE.  An appeal in which evidence outside the record of the board is to be taken under Chapter 2001, Government Code, or otherwise, shall be brought in a district court in Travis County or in the court of appeals.  An appeal brought in the court of appeals is subject to remand to a district court in Travis County for proceedings under instructions from the court of appeals.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.754. Dismissal for Failure to Prosecute

Sec. 2301.754.  DISMISSAL FOR FAILURE TO PROSECUTE.  (a)  A person filing an appeal under this subchapter shall pursue the appeal with reasonable diligence.
(b)  If the person fails to prosecute the appeal within six months after the date the appeal is filed, the court shall presume that the appeal has been abandoned.  On the motion of the attorney general or a party in the case, the court shall dismiss the appeal after notifying the person who filed the appeal, unless the person shows good cause for the delay.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.755. Effect of Appeal on Order

Sec. 2301.755.  EFFECT OF APPEAL ON ORDER.  An appeal under this subchapter does not affect the enforcement of a final board order unless:
(1)  the enforcement of the order is enjoinable under Chapter 65, Civil Practice and Remedies Code, and under principles of primary jurisdiction;  or
(2)  the board, in the interest of justice, suspends the enforcement of the order pending final determination of the appeal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter P. Judicial Review › Section 2301.756. Review of Interlocutory Order

Sec. 2301.756.  REVIEW OF INTERLOCUTORY ORDER.  (a)  A writ of error is allowed from the supreme court for an appeal of an interlocutory order described by Section 51.014(a)(3) or (6), Civil Practice and Remedies Code, in a civil action involving a license holder.
(b)  The supreme court shall give precedence to a writ of error under this section over other writs of error.
(c)  The right to appeal by writ of error is without prejudice to the right of any party to seek relief by an application for leave to file a petition for writ of mandamus with respect to the order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.801. Civil Penalty

Sec. 2301.801.  CIVIL PENALTY.  (a)  If, after a proceeding under this chapter and board rules, the board determines that a person is violating or has violated this chapter, a rule adopted or order issued under this chapter, or Section 503.038(a), Transportation Code, the board may impose a civil penalty.  The amount of the penalty may not exceed $10,000 for each violation.  Each act of violation and each day a violation continues is a separate violation.
(b)  In determining the amount of the penalty, the board shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the harm or potential harm to the safety of the public;
(2)  the economic damage to the public caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
(c)  Notwithstanding any other law to the contrary, a civil penalty recovered under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.802. Cease and Desist Order

Sec. 2301.802.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is violating this chapter or a board rule or order, the board after notice may require the person engaged in the conduct to appear and show cause why a cease and desist order should not be issued prohibiting the conduct described in the notice.
(b)  An interlocutory cease and desist order may be granted with or without bond or other undertaking if:
(1)  the order is necessary to the performance of the duties delegated to the board by this chapter;
(2)  the order is necessary or convenient to maintaining the status quo between two or more adverse parties before the board;
(3)  a party before the board is entitled to relief demanded of the board and all or part of the relief requires the restraint of some act prejudicial to the party;
(4)  a person is performing, about to perform, or procuring or allowing the performance of an act:
(A)  relating to the subject of a contested case pending before the board, in violation of the rights of a party before the board;  and
(B)  that would tend to render the board's order in the case ineffectual;  or
(5)  substantial injury to the rights of a person subject to the board's jurisdiction is threatened regardless of any remedy available at law.
(c)  A proceeding under this section is governed by:
(1)  this chapter and the board's rules;  and
(2)  Chapter 2001, Government Code, relating to a contested case, to the extent that chapter is not in conflict with Subdivision (1).
(d)  An interlocutory cease and desist order remains in effect until vacated or incorporated in a final order.  An appeal of an interlocutory cease and desist order must be made to the board before seeking judicial review as provided by this chapter.
(e)  A permanent cease and desist order may be issued regardless of the requirements of Subsection (b) but only under the procedures for a final order under this chapter.  An appeal of a permanent cease and desist order is made in the same manner as an appeal of a final order under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 33, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.803. Statutory Stay

Sec. 2301.803.  STATUTORY STAY.  (a)  On the initiation of a proceeding under this chapter or Chapter 503, Transportation Code, whether by complaint, protest, or otherwise, a person who receives notice from the board of a statutory stay imposed by this chapter may not allow or commit any act or omission that would:
(1)  violate this chapter, Chapter 503, Transportation Code, any rule, order, or decision of the board, or an order or decision of a person delegated power from the board under Section 2301.154;
(2)  affect a legal right, duty, or privilege of any party to a proceeding under this chapter or Chapter 503, Transportation Code; or
(3)  tend to render ineffectual an order in a pending proceeding.
(b)  A statutory stay imposed by this chapter remains in effect until vacated or until the proceeding is concluded by a final order or decision.
(c)  A person affected by a statutory stay imposed by this chapter may request a hearing to modify, vacate, or clarify the extent and application of the statutory stay.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 21, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 34, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.804. Suit for Injunctive Relief or Civil Penalty

Sec. 2301.804.  SUIT FOR INJUNCTIVE RELIEF OR CIVIL PENALTY.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter, Chapter 503, Transportation Code, a board rule adopted under this chapter or Chapter 503, Transportation Code, or an order issued under this chapter or Chapter 503, Transportation Code, the board or the executive director, if authorized by the presiding officer of the board, may cause a suit to be instituted in a court for:
(1)  injunctive relief to restrain the person from committing the violation or threat of violation;
(2)  imposition of a civil penalty; or
(3)  both injunctive relief and a civil penalty.
(b)  At the request of the board or the executive director, if authorized by the presiding officer of the board, the attorney general shall bring in the name of the state a suit for an injunction or a civil penalty as described by Subsection (a).
(c)  In a suit for injunctive relief under this chapter, the court shall grant, without bond or other undertaking, any prohibitory or mandatory injunction the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 35, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.805. Relief Under Other Law

Sec. 2301.805.  RELIEF UNDER OTHER LAW.  (a)  Notwithstanding any other law, including Subchapter E, Chapter 17, Business & Commerce Code, in addition to the other remedies provided by this subchapter, a person may institute an action under Subchapter E, Chapter 17, Business & Commerce Code, or any successor statute to that subchapter, and is entitled to any procedure or remedy under that subchapter, if the person:
(1)  has sustained damages as a result of a violation of Sections 2301.351-2301.354 or Section 2301.357; or
(2)  is a franchised dealer who has sustained damages as a result of a violation of:
(A)  Subchapter J of this chapter; or
(B)  Subchapter E, Chapter 17, Business & Commerce Code.
(b)  In an action brought under this section, and in the interest of judicial economy and efficiency, a judgment entered in the action must give deference to the findings of fact and conclusions of law of the board contained in any final order that is the basis of the action.
(c)  In an action brought against a license holder under this section, or for any other type of conduct for which an action may be brought under Subchapter E, Chapter 17, Business & Commerce Code, the $1,000 limitation contained in Section 17.50(b)(1), Business & Commerce Code, as that provision existed on September 1, 1979, shall be adjusted to reflect a change in the consumer price index after that date.  The limitation shall be increased or decreased, as applicable, by an amount equal to 1,000 multiplied by the percentage of increase or decrease in the consumer price index between September 1, 1979, and the time the damages are awarded by final judgment or settlement.  In this subsection, "consumer price index" means the National Consumer Price Index For All Urban Consumers, or a substantially similar successor.  A court may take judicial notice of that index.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 137 (S.B. 529), Sec. 15, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.806. Board Exempt From Filing Fee

Sec. 2301.806.  BOARD EXEMPT FROM FILING FEE.  Notwithstanding the other provisions of this chapter, the board is not required to pay a filing fee when filing a complaint or other enforcement action.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.625(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter Q. Penalties and Other Enforcement Provisions › Section 2301.807. Refund

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 by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.07, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter R. Regulation of Certain Commercial Uses of Motor Vehicles › Section 2301.851. Certain Charges Included in Customer Agreement

Sec. 2301.851.  CERTAIN CHARGES INCLUDED IN CUSTOMER AGREEMENT.  (a)  A person required to register under Section 152.065, Tax Code, may include in a customer agreement subject to Subsection (b) a separate charge for the proportionate amount of title fees, registration fees, and property taxes paid in the preceding calendar year on the person's vehicle fleet.
(b)  A person who includes the charge must do so:
(1)  on a nondiscriminatory basis; and
(2)  in each agreement other than an agreement that is exempt from the tax imposed under Section 152.026, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.31, eff. April 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter R. Regulation of Certain Commercial Uses of Motor Vehicles › Section 2301.852. Use or Retention of Salvage Motor Vehicle

Sec. 2301.852.  USE OR RETENTION OF SALVAGE MOTOR VEHICLE.  (a)  Notwithstanding Section 2301.002, in this section, "certificate of title," "motor vehicle," and "owner" have the meanings assigned by Section 501.002, Transportation Code.
(b)  An owner required to register under Section 152.065, Tax Code, may not use or retain for use for a usual commercial purpose of the owner a motor vehicle that has been issued a certificate of title under Section 501.100, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.31, eff. April 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2301 - Sale or Lease of Motor Vehicles › Subchapter R. Regulation of Certain Commercial Uses of Motor Vehicles › Section 2301.853. Criminal Penalty

Sec. 2301.853.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subchapter.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.31, eff. April 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.001. Definitions

Sec. 2302.001.  DEFINITIONS.  In this chapter:
(1)  "Casual sale," "damage," "insurance company," "major component part," "metal recycler," "motor vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle title," "out-of-state buyer," "salvage motor vehicle," "salvage vehicle title," "salvage vehicle dealer," and "used part" have the meanings assigned by Section 501.091, Transportation Code.
(2)  "Board" means the board of the Texas Department of Motor Vehicles.
(3)  "Department" means the Texas Department of Motor Vehicles.
(4)  "Federal safety certificate" means the label or tag required under 49 U.S.C. Section 30115 that certifies that a motor vehicle or equipment complies with applicable federal motor vehicle safety standards.
(5)  "Salvage pool operator" means a person who engages in the business of selling nonrepairable motor vehicles or salvage motor vehicles at auction, including wholesale auction, or otherwise.
(6)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.15, eff. September 1, 2019.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.03, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.04, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.01, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.15, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.0015. Consent to Entry and Inspection

Sec. 2302.0015.  CONSENT TO ENTRY AND INSPECTION.  (a)  A person consents to an entry or inspection described by Subsection (b) by:
(1)  accepting a license under this chapter;  or
(2)  engaging in a business or activity regulated under this chapter.
(b)  For the purpose of enforcing or administering this chapter or Chapter 501 or 502, Transportation Code, a member of the board, an employee or agent of the board or department, a member of the Public Safety Commission, an officer of the Department of Public Safety, or a peace officer may at a reasonable time:
(1)  enter the premises of a business regulated under one of those chapters; and
(2)  inspect or copy any document, record, vehicle, part, or other item regulated under one of those chapters.
(c)  A person described by Subsection (a):
(1)  may not refuse or interfere with an entry or inspection under this section;  and
(2)  shall cooperate fully with a person conducting an inspection under this section to assist in the recovery of stolen motor vehicles and parts and to prevent the sale or transfer of stolen motor vehicles and parts.
(d)  An entry or inspection occurs at a reasonable time for purposes of Subsection (b) if the entry or inspection occurs:
(1)  during normal business hours of the person or activity regulated under this chapter;  or
(2)  while an activity regulated under this chapter is occurring on the premises.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 17.04, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.05, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.005. Applicability of Certain Municipal Ordinances, Licenses, and Permits

Sec. 2302.005.  APPLICABILITY OF CERTAIN MUNICIPAL ORDINANCES, LICENSES, AND PERMITS.  This chapter:
(1)  is in addition to any municipal ordinance relating to the regulation of a person who deals in nonrepairable or salvage motor vehicles or used parts;  and
(2)  does not prohibit the enforcement of a requirement of a municipal license or permit that is related to an activity regulated under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.006. Application of Chapter to Metal Recyclers

Sec. 2302.006.  APPLICATION OF CHAPTER TO METAL RECYCLERS.  (a)  Except as provided by Subsections (b) and (c), this chapter does not apply to a transaction in which a metal recycler is a party.
(b)  This chapter applies to a transaction in which a motor vehicle:
(1)  is sold, transferred, released, or delivered to a metal recycler for the purpose of reuse or resale as a motor vehicle; and
(2)  is used for that purpose.
(c)  Sections 2302.0015 and 2302.205 apply to a metal recycler.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.02, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.007. Application of Chapter to Insurance Companies

Sec. 2302.007.  APPLICATION OF CHAPTER TO INSURANCE COMPANIES.  This chapter does not apply to an insurance company.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.008. Applicability of Chapter to Used Automotive Parts Recyclers

Sec. 2302.008.  APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE PARTS RECYCLERS.  This chapter does not apply to a used automotive parts recycler licensed under Chapter 2309.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 3, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.03, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.009. Applicability of Chapter to Certain General Distinguishing Number Holders

Sec. 2302.009.  APPLICABILITY OF CHAPTER TO CERTAIN GENERAL DISTINGUISHING NUMBER HOLDERS.  This chapter applies to the holder of an independent motor vehicle dealer's general distinguishing number issued under Chapter 503, Transportation Code, in the same manner as this chapter applies to a salvage vehicle dealer if the holder of the general distinguishing number:
(1)  acts as a salvage vehicle dealer or rebuilder; or
(2)  stores or displays a motor vehicle as an agent or escrow agent of an insurance company.
Added by Acts 2019, 86th Leg., R.S., Ch. 279 (H.B. 1667), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter A. General Provisions › Section 2302.010. Rebuilding of Assembled Vehicle Prohibited

Sec. 2302.010.  REBUILDING OF ASSEMBLED VEHICLE PROHIBITED.  A salvage vehicle dealer may not, as part of engaging in a business or activity regulated under this chapter, rebuild an assembled vehicle, as defined by Section 731.001, Transportation Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1079 (H.B. 1755), Sec. 2, eff. September 1, 2019.
Redesignated from Occupations Code, Section 2302.009 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(62), eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter B. Board Powers and Duties › Section 2302.051. Rules and Enforcement Powers

Sec. 2302.051.  RULES AND ENFORCEMENT POWERS.  The board shall adopt rules as necessary to administer this chapter and may take other action as necessary to enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter B. Board Powers and Duties › Section 2302.052. Duty to Set Fees

Sec. 2302.052.  DUTY TO SET FEES.  The board shall set application fees, license fees, renewal fees, and other fees as required to implement this chapter.  The board shall set the fees in amounts reasonable and necessary to implement and enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter B. Board Powers and Duties › Section 2302.053. Rules Restricting Advertising or Competitive Bidding

Sec. 2302.053.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt a rule under Section 2302.051 restricting advertising or competitive bidding by a person who holds a license issued under this chapter except to prohibit false, misleading, or deceptive practices by the person.
(b)  The board may not include in its rules to prohibit false, misleading, or deceptive practices a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4)  restricts the use of a trade name in advertising by the person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.101. License or Dealer's General Distinguishing Number Required

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 279 (H.B. 1667), Sec. 2
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.08, see other Sec. 2302.101.
Sec. 2302.101.  LICENSE OR DEALER'S GENERAL DISTINGUISHING NUMBER REQUIRED.  Unless a person holds a salvage vehicle dealer license issued under this chapter or an independent motor vehicle dealer's general distinguishing number issued under Chapter 503, Transportation Code, 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 279 (H.B. 1667), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.101. Salvage Vehicle Dealer License

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.08
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 279 (H.B. 1667), Sec. 2, see other Sec. 2302.101.
Sec. 2302.101.  SALVAGE VEHICLE 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.08, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.103. Application for Salvage Vehicle Dealer License

Sec. 2302.103.  APPLICATION FOR SALVAGE VEHICLE DEALER LICENSE.   To apply for a salvage vehicle dealer license, a person must submit to the department an application on a form prescribed by the department and the application fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.04, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 36, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.09, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.104. Contents of Application

Sec. 2302.104.  CONTENTS OF APPLICATION.  (a)  An application for a salvage vehicle dealer license must include:
(1)  the name, business address, and business telephone number of the applicant;
(2)  the name under which the applicant proposes to conduct business;
(3)  the location, by number, street, and municipality, of each office at which the applicant proposes to conduct business;
(4)  a statement indicating whether the applicant previously applied for a license under this chapter and, if so, a statement indicating the result of the previous application and indicating whether the applicant has ever been the holder of a license issued under this chapter that was revoked or suspended;
(5)  a statement of the previous history, record, and associations of the applicant to the extent sufficient to establish, to the satisfaction of the department, the business reputation and character of the applicant;
(6)  the applicant's federal tax identification number, if any;
(7)  the applicant's state sales tax number;  and
(8)  any other information required by rules adopted under this chapter.
(b)  In addition to the information required by Subsection (a), the application of a corporation must include:
(1)  the state of its incorporation;
(2)  the name, address, date of birth, and social security number of each principal officer or director of the corporation;
(3)  a statement of the previous history, record, and associations of each officer and each director to the extent sufficient to establish, to the satisfaction of the department, the business reputation and character of the applicant;  and
(4)  a statement showing whether an officer, director, or employee of the applicant has been refused a license as a salvage vehicle dealer or has been the holder of a license issued under this chapter that was revoked or suspended.
(c)  In addition to the information required by Subsection (a), the application of a partnership must include:
(1)  the name, address, date of birth, and social security number of each owner or partner;
(2)  a statement of the previous history, record, and associations of each owner and each partner to the extent sufficient to establish, to the satisfaction of the department, the business reputation and character of the applicant;  and
(3)  a statement showing whether an owner, partner, or employee of the applicant has been refused a license as a salvage vehicle dealer or has been the holder of a license issued under this chapter that was revoked or suspended.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.105. Department Investigation

Sec. 2302.105.  DEPARTMENT INVESTIGATION.  (a)  The department may not issue a license under this chapter until the department completes an investigation of the applicant's qualifications.
(b)  The department shall conduct the investigation not later than the 15th day after the date the department receives the application.  The department shall report to the applicant the results of the investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.106. License Issuance

Sec. 2302.106.  LICENSE ISSUANCE.  (a)  The department shall issue a license to an applicant who meets the license qualifications adopted under this chapter and pays the required fees.
(b)  A license may not be issued in a fictitious name that may be confused with or is similar to that of a governmental entity or that is otherwise deceptive or misleading to the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter C. License Requirements › Section 2302.108. Disciplinary Action

Sec. 2302.108.  DISCIPLINARY ACTION.  (a)  The department may deny, suspend, revoke, or reinstate a license issued under this chapter.
(b)  The board by rule shall establish the grounds for denial, suspension, revocation, or reinstatement of a license issued under this chapter and the procedures for disciplinary action.  A rule adopted under this subsection may not conflict with a rule adopted by the State Office of Administrative Hearings.
(c)  A proceeding under this section is subject to Chapter 2001, Government Code.
(d)  A person whose license is revoked may not apply for a new license before the first anniversary of the date of the revocation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.08, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter D. License Expiration and Renewal › Section 2302.151. License Expiration

Sec. 2302.151.  LICENSE EXPIRATION.  (a)  A license issued under this chapter is valid for the period prescribed by the board.
(b)  A person whose license has expired may not engage in the activities that require a license until the license has been renewed under this subchapter.
(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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.10, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter D. License Expiration and Renewal › Section 2302.152. Notice of Expiration

Sec. 2302.152.  NOTICE OF EXPIRATION.  Not later than the 31st day before the expiration date of a person's license, the department shall send written notice of the impending expiration to the person at the person's last known address according to department records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.