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 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.1552. Biennial Adjustment of Certain Fees

Sec. 2303.1552.  BIENNIAL ADJUSTMENT OF CERTAIN FEES.  (a)  In this section, "consumer price index" means the Consumer Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics of the United States Department of Labor.
(b)  Each odd-numbered year, the commission, not later than November 1:
(1)  by rule may adjust the impoundment fee under Section 2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) by an amount equal to the amount of the applicable fee in effect on December 31 of the preceding year multiplied by the percentage increase or decrease in the consumer price index during the preceding state fiscal biennium; and
(2)  if the fees are adjusted under Subdivision (1), shall publish the adjusted fees on the department's Internet website.
(c)  A fee adjusted under Subsection (b) is effective beginning the January 1 following the adoption of a rule under that subsection.
(d)  If a fee is decreased under this section, the operator of a vehicle storage facility or governmental vehicle storage facility, as defined by Section 2303.155, shall begin charging the adjusted fee on the effective date of the decrease.  If a fee is increased under this section, the operator may begin charging the adjusted fee at any time on or after the effective date of the increase.
Added by Acts 2019, 86th Leg., R.S., Ch. 996 (H.B. 1140), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.156. Payment by Lienholder or Insurance Company

Sec. 2303.156.  PAYMENT BY LIENHOLDER OR INSURANCE COMPANY.  (a)  A lienholder who repossesses a vehicle delivered to a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the lienholder repossessed the vehicle.
(b)  An insurance company that pays a claim of total loss on a vehicle in a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the insurance company paid the claim.
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 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.157. Disposal of Certain Abandoned Vehicles

Sec. 2303.157.  DISPOSAL OF CERTAIN ABANDONED VEHICLES.  (a)  The operator of a vehicle storage facility may dispose of a vehicle for which notice is given under Section 2303.154 if, before the 30th day after the date notice is mailed, the vehicle is not:
(1)  claimed by a person entitled to claim the vehicle;  or
(2)  taken into custody by a law enforcement agency under Chapter 683, Transportation Code.
(b)  An operator entitled to dispose of a vehicle under this section may sell the vehicle at a public sale without obtaining a release or discharge of any lien on the vehicle, regardless of whether notice was provided by mail or by publication under this chapter.  The proceeds from the sale of the vehicle shall be applied to the charges incurred for the vehicle under Section 2303.155.  The operator shall pay any excess proceeds to the person entitled to those proceeds.
(c)  Notwithstanding Subsection (a), the operator of a vehicle storage facility may dispose of a vehicle for which notice was given under this subchapter as provided by this section if:
(1)  the vehicle is an abandoned nuisance vehicle;  and
(2)  before the 30th day after the date the notice was sent, the facility submits an application to the department for disposal of the vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.628(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 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.158. Access to Glove Compartment, Console, or Other Interior Storage Area to Establish Identity or Ownership

Sec. 2303.158.  ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR OTHER INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP.  The operator of a vehicle storage facility or a governmental vehicle storage facility must allow a person claiming to be the owner of a vehicle stored or parked at the facility to have access to the vehicle's glove compartment, console, or other interior storage area if documents necessary to establish the person's identity or ownership of the vehicle are located in the glove compartment, console, or other interior storage area.
Added by Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.159. Forms of Payment of Charges

Sec. 2303.159.  FORMS OF PAYMENT OF CHARGES.  (a)  The operator of a vehicle storage facility shall accept each of the following forms of payment for any charge associated with delivery or storage of a vehicle:
(1)  cash;
(2)  debit card; and
(3)  credit card.
(a-1)  The operator of a vehicle storage facility shall conspicuously post a sign that states:  "This vehicle storage facility must accept payment by cash, credit card, and debit card for any fee or charge associated with delivery or storage of a vehicle."  The operator of a vehicle storage facility may not refuse to release a vehicle based on the inability of the facility to accept payment by debit card or credit card of a fee or charge associated with delivery or storage of the vehicle unless the operator, through no fault of the operator, is unable to accept the debit card or credit card because of a power outage or a machine malfunction.
(b)  In this section, "vehicle storage facility" includes a governmental vehicle storage facility as defined by Section 2303.155.
Added by Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 21, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 510 (H.B. 804), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.160. Release of Vehicles

Sec. 2303.160.  RELEASE OF VEHICLES.  (a)  A vehicle storage facility may not refuse to release a vehicle to the owner or operator of the vehicle or require a sworn affidavit of the owner or operator of the vehicle solely because the owner or operator presents valid photo identification issued by this state, another state, or a federal agency that includes a different address than the address contained in the title and registration records of the vehicle.
(b)  A vehicle storage facility must accept evidence of financial responsibility, as required by Section 601.051, Transportation Code, as an additional form of identification that establishes ownership or right of possession or control of the vehicle.
(c)  Subsection (b) does not require a vehicle storage facility to release a vehicle to the owner or operator of the vehicle if the owner or operator of the vehicle does not:
(1)  pay the charges for services regulated under this chapter or Chapter 2308, including charges for an incident management tow, as defined by Section 2308.002; and
(2)  present valid photo identification issued by this state, another state, a federal agency, or a foreign government.
Added by Acts 2007, 80th Leg., R.S., Ch. 271 (H.B. 90), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 3, 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 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.161. Drug Testing of Employees

Sec. 2303.161.  DRUG TESTING OF EMPLOYEES.  (a)  A license holder shall establish a drug testing policy for employees of the vehicle storage facility operated by the license holder.  A license holder that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the commission or may use another drug testing policy that the department determines is at least as stringent as the policy adopted by the commission.
(b)  The commission by rule shall adopt a model drug testing policy for use by license holders.  The model drug testing policy must be designed to ensure the safety of the public through appropriate drug testing and to protect the rights of employees.  The model drug testing policy must:
(1)  require at least one scheduled drug test each year for each employee of a vehicle storage facility who has direct contact with the public;  and
(2)  authorize random, unannounced drug testing for employees described by Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.09, eff. September 1, 2007.
Renumbered from Occupations Code, Section 2303.160 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(75), 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 2303 - Vehicle Storage Facilities › Subchapter E. Acceptance and Disposition of Certain Property From Self-Service Storage Facility › Section 2303.201. Definitions

Sec. 2303.201.  DEFINITIONS.  In this subchapter, "lessor" and "self-service storage facility" have the meanings assigned by Section 59.001, Property Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, 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 2303 - Vehicle Storage Facilities › Subchapter E. Acceptance and Disposition of Certain Property From Self-Service Storage Facility › Section 2303.202. Applicability

Sec. 2303.202.  APPLICABILITY.  This subchapter applies only to property described by Section 59.051, Property Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, 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 2303 - Vehicle Storage Facilities › Subchapter E. Acceptance and Disposition of Certain Property From Self-Service Storage Facility › Section 2303.203. Acceptance of Property

Sec. 2303.203.  ACCEPTANCE OF PROPERTY.  A vehicle storage facility shall accept property from a lessor who has transferred possession of the property from a self-service storage facility to the vehicle storage facility under Section 59.052, Property Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, 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 2303 - Vehicle Storage Facilities › Subchapter E. Acceptance and Disposition of Certain Property From Self-Service Storage Facility › Section 2303.204. Disposition of Property

Sec. 2303.204.  DISPOSITION OF PROPERTY.  A vehicle storage facility that accepts property under Section 2303.203 may dispose of the property in the manner provided by Subchapter D for a vehicle received by a facility as described by Section 2303.151.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, 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 2303 - Vehicle Storage Facilities › Subchapter G. Other Penalties and Enforcement Provisions › Section 2303.301. Injunction; Civil Penalty

Sec. 2303.301.  INJUNCTION;  CIVIL PENALTY.  (a)  If a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department or the attorney general at the request of the department may institute an action for:
(1)  injunctive relief;
(2)  a civil penalty not to exceed $1,000 for each violation;  or
(3)  both injunctive relief and the civil penalty.
(b)  If the department or the attorney general prevails in an action under this section, the department or the attorney general is entitled to recover reasonable attorney's fees and court costs.
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 2303 - Vehicle Storage Facilities › Subchapter G. Other Penalties and Enforcement Provisions › Section 2303.302. Criminal Penalties

Sec. 2303.302.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person:
(1)  violates the licensing requirements of this chapter; or
(2)  employs an individual who does not hold an appropriate license required by this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.10, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter G. Other Penalties and Enforcement Provisions › Section 2303.303. Authority to Arrest

Sec. 2303.303.  AUTHORITY TO ARREST.  A peace officer or license and weight inspector for the Department of Public Safety may make an arrest for a violation of a rule adopted under this chapter.
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 2303 - Vehicle Storage Facilities › Subchapter G. Other Penalties and Enforcement Provisions › Section 2303.304. Administrative Penalty

Sec. 2303.304.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if the person violates:
(1)  this chapter or a rule adopted under this chapter; or
(2)  a rule or order of the executive director or commission.
(b)  An administrative penalty may not be imposed unless the person charged with a violation is provided the opportunity for a hearing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.11, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter G. Other Penalties and Enforcement Provisions › Section 2303.305. Cease and Desist Order; Injunction; Civil Penalty

Sec. 2303.305.  CEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY.  (a)  The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.
(b)  The attorney general or executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.11, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter A. General Provisions › Section 2304.001. Definitions

Sec. 2304.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(3)  "Motor vehicle" means a vehicle with at least four wheels that is self-propelled and that can transport a person or property on a public street or highway.  The term does not include a vehicle that is used exclusively on stationary tracks.
(4)  "Repair facility" means a person that engages in the business of repairing or replacing the nonmechanical exterior or interior body parts of a damaged motor vehicle.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter A. General Provisions › Section 2304.002. Application of Chapter

Sec. 2304.002.  APPLICATION OF CHAPTER.  This chapter does not apply to a repair facility located in a county with a population of 50,000 or less.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.051. Registration Required

Sec. 2304.051.  REGISTRATION REQUIRED.  A repair facility shall register with the commission as provided by this chapter and the rules adopted by the commission.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.052. Application

Sec. 2304.052.  APPLICATION.  (a)  The commission by rule shall:
(1)  prescribe an application form for the issuance or renewal of a certificate of registration;  and
(2)  determine the information to be disclosed on the application.
(b)  The application must include:
(1)  the name, street address, and mailing address of each location at which the applicant operates a repair facility;
(2)  the name and address of:
(A)  each owner, partner, officer, or director of the applicant;  and
(B)  if the applicant is a corporation, each shareholder holding 10 percent or more of the outstanding shares;
(3)  the identification number assigned by, or a statement of other evidence of compliance with any applicable requirements of:
(A)  the United States Environmental Protection Agency;
(B)  the United States Occupational Safety and Health Administration;
(C)  the commission;
(D)  the Texas Department of Health;
(E)  the comptroller;  and
(F)  a municipality or county;  and
(4)  a statement of each conviction obtained against the applicant or a partner or officer of the applicant during the three years preceding the date of the application of:
(A)  a felony;  or
(B)  a misdemeanor punishable by confinement in jail or by a fine exceeding $200.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.053. Issuance and Renewal of Certificate

Sec. 2304.053.  ISSUANCE AND RENEWAL OF CERTIFICATE.  (a)  An applicant for the issuance or renewal of a certificate of registration shall submit to the executive director a sworn application on the form prescribed by the commission accompanied by a $50 fee.
(b)  On receipt of the application and required fee, the executive director shall issue a certificate of registration to the applicant.
(c)  A certificate of registration expires on the first anniversary of the date of issuance and may be renewed annually in the manner prescribed by the commission.  An application for renewal must be submitted to the executive director within 30 days before the expiration date of the certificate.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.054. Form of Certificate; Transferability

Sec. 2304.054.  FORM OF CERTIFICATE;  TRANSFERABILITY.  A certificate of registration:
(1)  must contain a unique number;
(2)  applies only to the person whose name appears on the certificate or an employee of that person;  and
(3)  is not transferable.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.055. Replacement Certificate

Sec. 2304.055.  REPLACEMENT CERTIFICATE.  (a)  If a certificate of registration is lost or destroyed, the certificate holder may apply to the executive director for a replacement certificate of registration.
(b)  The certificate holder must submit:
(1)  an affidavit verifying that the certificate of registration was lost or destroyed;  and
(2)  a $25 replacement fee.
(c)  The executive director shall issue a replacement certificate of registration on receipt of the affidavit and replacement fee.
(d)  A replacement certificate of registration must be clearly identified as a replacement certificate on the certificate and in the records of the commission.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.056. Voluntary Surrender of Certificate

Sec. 2304.056.  VOLUNTARY SURRENDER OF CERTIFICATE.  A certificate holder may terminate a certificate of registration at any time by voluntarily surrendering the certificate.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.057. Cancellation of Certificate

Sec. 2304.057.  CANCELLATION OF CERTIFICATE.  (a)  On the expiration, termination, or surrender of a certificate of registration, the certificate holder shall deliver the certificate to the executive director.
(b)  The executive director shall:
(1)  cancel the certificate;  or
(2)  endorse on the certificate the date of expiration, termination, or surrender.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter B. Certificate of Registration › Section 2304.058. Maintenance of Registration Information

Sec. 2304.058.  MAINTENANCE OF REGISTRATION INFORMATION.  (a)  The executive director shall maintain each application for a certificate of registration and a copy of each certificate of registration in a convenient form that is available to the public.
(b)  The executive director shall annually publish a list of:
(1)  the name and address of each person registered under this chapter;  and
(2)  the name of each person whose registration has been revoked, suspended, or surrendered during the period and the specific date of the suspension, revocation, or surrender.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter C. Practice by Certificate Holder › Section 2304.101. Display of Certificate

Sec. 2304.101.  DISPLAY OF CERTIFICATE.  A certificate holder shall publicly display the current certificate of registration at the certificate holder's place of business in a location readily visible to a customer paying for repairs.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter C. Practice by Certificate Holder › Section 2304.102. Registration Number

Sec. 2304.102.  REGISTRATION NUMBER.  A certificate holder shall include the certificate holder's registration number:
(1)  on each repair estimate, repair order, or correspondence;  and
(2)  in each advertisement for motor vehicle repairs by the repair facility.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter C. Practice by Certificate Holder › Section 2304.103. False Statements

Sec. 2304.103.  FALSE STATEMENTS.  A certificate holder may not make a false or fraudulent statement in connection with:
(1)  a repair;  or
(2)  an attempt to collect compensation for a repair.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter C. Practice by Certificate Holder › Section 2304.104. Record of Vehicle Repairs

Sec. 2304.104.  RECORD OF VEHICLE REPAIRS.  (a)  A certificate holder shall maintain in a convenient place a record of each motor vehicle that enters the certificate holder's premises for a repair.  Except as provided by Subsection (b), the certificate holder shall include in the record:
(1)  a description of the vehicle;
(2)  the vehicle identification number;
(3)  the date the vehicle entered the certificate holder's premises;
(4)  the odometer reading at the time the vehicle is received;
(5)  the name and address of the person from whom the vehicle is received;  and
(6)  a signed authorization for the work to be performed on the vehicle.
(b)  If a motor vehicle is towed to the certificate holder's repair facility without the consent of the owner of the vehicle, the information in the record is the information provided by the law enforcement agency that initiated the towing process.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter D. Enforcement Provisions › Section 2304.151. Inspection of Premises and Record

Sec. 2304.151.  INSPECTION OF PREMISES AND RECORD.  The executive director or an employee of the commission may, at any time, inspect:
(1)  a record maintained under Section 2304.104;  and
(2)  the premises of a certificate holder's place of business.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter D. Enforcement Provisions › Section 2304.152. Administrative Disciplinary Action and Procedures

Sec. 2304.152.  ADMINISTRATIVE DISCIPLINARY ACTION AND PROCEDURES.  (a)   The commission shall adopt rules establishing:
(1)  grounds for suspension, revocation, or reinstatement of a certificate of registration;  and
(2)  procedures for taking disciplinary action.
(b)  The executive director may suspend or revoke a certificate of registration based on a ground established under this section.
(c)  Procedures for the suspension or revocation of a certificate of registration are governed by Chapter 2001, Government Code.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter D. Enforcement Provisions › Section 2304.153. Failure to Register; Civil Penalty

Sec. 2304.153.  FAILURE TO REGISTER;  CIVIL PENALTY.  (a)  A repair facility that fails to register under this chapter is liable to the state for a civil penalty of $250.
(b)  The executive director shall waive the penalty if the repair facility applies for registration not later than the 10th day after the date of notice of the violation.
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 2304 - Nonmechanical Repairs to Motor Vehicles › Subchapter D. Enforcement Provisions › Section 2304.154. Violation of Chapter; Civil Penalty

Sec. 2304.154.  VIOLATION OF CHAPTER;  CIVIL PENALTY.  Except as provided by Section 2304.153, a person that violates this chapter is liable to the state for a civil penalty in an amount not to exceed $100.
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 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.001. Definitions

Sec. 2305.001.  DEFINITIONS.  In this subchapter:
(1)  "Person" means an individual, corporation, or firm.
(2)  "Repair" includes the rebuilding of a motor vehicle, the installation of a new or used part or accessory on a motor vehicle, and the performance of electrical work in connection with the repair of a motor vehicle.  The term does not include a repair covered by Chapter 2304.
(3)  "Used motor vehicle" includes a secondhand motor vehicle.
(4)  "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.
(5)  "Board" means the board of the Texas Department of Motor Vehicles.
(6)  "Department" means the Texas Department of Motor Vehicles.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 37, 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 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.002. Application of Subchapter

Sec. 2305.002.  APPLICATION OF SUBCHAPTER.  This subchapter applies to any person who:
(1)  operates a shop or garage that is engaged in the business of repairing motor vehicles; or
(2)  engages in the business of purchasing or selling used motor vehicles in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.003. Register of Repairs

Sec. 2305.003.  REGISTER OF REPAIRS.  (a)  A person subject to this subchapter shall maintain a register of each repair the person makes to a motor vehicle.  The register must contain a substantially complete and accurate description of each motor vehicle that is repaired.
(b)  This section does not apply to a repair having a value of $1 or less.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.004. Register of Used Motor Vehicle Sales and Purchases

Sec. 2305.004.  REGISTER OF USED MOTOR VEHICLE SALES AND PURCHASES.  (a)  A person subject to this subchapter shall maintain a register of each sale or purchase the person makes of a used motor vehicle.
(b)  If the person buys a used motor vehicle, the register must contain:
(1)  the make and model, the number of cylinders, the motor number, the vehicle identification number, and the passenger capacity of the motor vehicle, if applicable;
(2)  the name, date of birth, usual place of address, and official identification number of each person claiming to be the owner of the motor vehicle; and
(3)  the state registration number of the motor vehicle, if applicable.
(c)  If the person sells a used motor vehicle, in addition to the requirements of Subsection (b), the register must contain the name and address of the purchaser of the motor vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.0041. Limitation on Buying and Selling Catalytic Converters

Sec. 2305.0041.  LIMITATION ON BUYING AND SELLING CATALYTIC CONVERTERS.  A person subject to this subchapter may not buy or sell a catalytic converter removed from a motor vehicle unless the catalytic converter was removed from the motor vehicle in connection with the person's repair of the vehicle.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.08, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.005. Record of Replaced Cylinder Block

Sec. 2305.005.  RECORD OF REPLACED CYLINDER BLOCK.  The owner of the garage or repair shop that installs a replacement cylinder block and stamps the original engine number on the block as required by Section 2305.051 shall record in a substantially bound book:
(1)  the name and address of the vehicle's owner;  and
(2)  the engine number and registration number of the vehicle.
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 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.0051. Repair Records Related to Catalytic Converters

Sec. 2305.0051.  REPAIR RECORDS RELATED TO CATALYTIC CONVERTERS.  (a)  The owner of a garage or repair shop that sells or transfers to any person, including a metal recycling entity registered under Chapter 1956, a catalytic converter that was removed in connection with a motor vehicle repair shall maintain a record of all repairs for the vehicle that includes:
(1)  the name and address of the vehicle's owner;
(2)  the vehicle identification number of the vehicle; and
(3)  copies of all related invoices including, as applicable, a notation that a catalytic converter was removed from the vehicle.
(b)  Notwithstanding Section 2305.006(a), a record required by this section shall be kept until at least the second anniversary of the date of the repair.
Added by Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 9, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.09, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.10, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.006. Maintenance of Records

Sec. 2305.006.  MAINTENANCE OF RECORDS.  (a)  All records required to be maintained under this subchapter shall be  kept until at least the first anniversary of the date the record is made.
(b)  The registers required by Sections 2305.003 and 2305.004 shall be maintained in a clear and intelligent manner in a well-bound book or an electronic recordkeeping system and kept in a secure place in the office or place of business where the work is performed or the business is conducted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter A. Records Maintained by Certain Entities › Section 2305.007. Entry and Inspection

Sec. 2305.007.  ENTRY AND INSPECTION.  (a)  Except as provided by Subsection (b), for the purpose of enforcing or administering this chapter, Chapter 2302 of this code, or Chapter 501 or 502, Transportation Code, a member of the board, an employee of the department, a member of the Public Safety Commission, an officer of the Department of Public Safety, or another peace officer who is interested in tracing or locating a stolen motor vehicle 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.
(b)  For the purposes of tracing or locating a stolen motor vehicle on the premises of a person engaging in a business or activity regulated under this chapter who is also licensed under Chapter 348 or 353, Finance Code, only an officer of the Department of Public Safety may at a reasonable time:
(1)  enter the premises of the person's business; and
(2)  inspect or copy any document, record, vehicle, part, or other item regulated under:
(A)  this chapter; or
(B)  Chapter 348 or 353, Finance Code.
(c)  A person engaging in a business or activity regulated under this chapter shall cooperate 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 (a) or (b) if the entry or inspection occurs:
(1)  during normal business hours of the person or activity regulated under a chapter listed in Subsection (a) or (b); or
(2)  while an activity regulated under a chapter listed in Subsection (a) or (b) is occurring on the premises.
Added by Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 6, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 21, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 38, 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 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter B. Requirement Applicable to Owners of Certain Motor Vehicles › Section 2305.051. Replacement of Cylinder Block

Sec. 2305.051.  REPLACEMENT OF CYLINDER BLOCK.  The owner of a motor vehicle registered under Chapter 502, Transportation Code, that has a damaged cylinder block replaced shall have the original engine number of the motor vehicle stamped with a steel die on the replacement cylinder block.
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 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter C. Enforcement › Section 2305.101. Criminal Penalty

Sec. 2305.101.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter or a rule adopted under this chapter.
(b)  Except as provided by Subsection (c), an offense under this section is punishable by a fine of not less than $10 and not more than $100.
(c)  An offense under this chapter that consists of the violation of Section 2305.0041, 2305.0051, or 2305.007 is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 7, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.11, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter D. Records of Certain Sales or Transfers of Catalytic Converters Removed From Motor Vehicles › Section 2305.151. Definition

Sec. 2305.151.  DEFINITION.  In this subchapter, "catalytic converter" has the meaning assigned by Section 1956.001.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter D. Records of Certain Sales or Transfers of Catalytic Converters Removed From Motor Vehicles › Section 2305.152. Applicability

Sec. 2305.152.  APPLICABILITY.  This subchapter applies only to a person described by Section 1956.123(1)(A) through (G).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter D. Records of Certain Sales or Transfers of Catalytic Converters Removed From Motor Vehicles › Section 2305.153. Record Required

Sec. 2305.153.  RECORD REQUIRED.  (a)  A person to whom this subchapter applies shall, for each transaction in which the person sells or transfers to another person a catalytic converter that is removed from a motor vehicle, maintain an accurate record of the transaction until the second anniversary of the date of the transaction.
(b)  A record is sufficient to meet the requirements of Subsection (a) if it contains:
(1)  a description made in accordance with the custom of the trade for the volume of catalytic converters sold or transferred;
(2)  the name of the person to whom the catalytic converters were sold or transferred; and
(3)  the date of the transaction.
(c)  A record containing the information described by Subsection (b) that is maintained in accordance with other law or as a routine business practice satisfies the requirements of Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter D. Records of Certain Sales or Transfers of Catalytic Converters Removed From Motor Vehicles › Section 2305.154. Offense: Failure to Maintain Record

Sec. 2305.154.  OFFENSE:  FAILURE TO MAINTAIN RECORD.  (a)  A person commits an offense if the person intentionally or knowingly fails to maintain a record as required by Section 2305.153.
(b)  An offense under this section is a Class A misdemeanor.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under another provision of this chapter, the person may be prosecuted only under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2305 - Records of Certain Vehicle Repairs, Sales, and Purchases › Subchapter D. Records of Certain Sales or Transfers of Catalytic Converters Removed From Motor Vehicles › Section 2305.155. Inspection of Certain Records

Sec. 2305.155.  INSPECTION OF CERTAIN RECORDS.  (a)  In this section, "licensing authority" and "occupational license" have the meanings assigned by Section 58.001.
(b)  If an occupational license is required for a person to engage in a business or occupation described by Section 1956.123(1)(A) through (G), the licensing authority that issues the occupational license may at a reasonable time:
(1)  enter the premises at which the person engages in the regulated business or occupation; and
(2)  inspect the records or information required to be maintained under Section 2305.153.
(c)  Regardless of whether an occupational license is required, an officer of the Department of Public Safety or another peace officer may enter the premises of and inspect the records of a person described by Section 1956.123(1)(A) through (G), as provided by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.