reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.021. Board

Sec. 1001.021.  BOARD.  (a)  The board consists of nine members appointed by the governor with the advice and consent of the senate.
(b)  Three members must be persons who hold a dealer's license issued under Chapter 2301, Occupations Code, of whom two must be franchised dealers of different classes and one must be an independent dealer; one member must be a representative of a manufacturer or distributor that holds a license issued under Chapter 2301, Occupations Code; one member must be a tax assessor-collector; one member must be a representative of a law enforcement agency of a county or municipality; and one member must be a representative of the motor carrier industry.  The remaining members must be public members.
(c)  Except as necessary to comply with Subsection (b), a person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the department;
(2)  directly or indirectly owns or controls more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or
(4)  is registered, certified, or licensed by the department.
(d)  A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department may not serve as a member of the board.
(e)  Appointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.022. Terms

Sec. 1001.022.  TERMS.  Members of the board serve staggered six-year terms, with the terms of either one or two members expiring February 1 of each odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.0221. Board; Duties

Sec. 1001.0221.  BOARD; DUTIES.  (a)  The board shall oversee and coordinate the development of the department and shall ensure that all components of the motor vehicle industry function as a system.
(b)  The board shall carry out its policy-making functions in a manner that protects the interests of the public and industry, maintains a safe and sound motor vehicle industry, and increases the economic prosperity of the state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 36, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.023. Chair and Vice Chair; Duties

Sec. 1001.023.  CHAIR AND VICE CHAIR; DUTIES.  (a)  The governor shall appoint one of the board's members chair of the board. The chair serves at the pleasure of the governor.  The board shall elect one of its members vice chair of the board.  The vice chair serves at the pleasure of the board.
(b)  The chair shall:
(1)  preside over board meetings, make rulings on motions and points of order, and determine the order of business;
(2)  represent the department in dealing with the governor;
(3)  report to the governor on the state of affairs of the department at least quarterly;
(4)  report to the board the governor's suggestions for department operations;
(5)  report to the governor on efforts, including legislative requirements, to maximize the efficiency of department operations through the use of private enterprise;
(6)  periodically review the department's organizational structure and submit recommendations for structural changes to the governor and the board;
(7)  designate at least one employee of the department as a civil rights officer of the department and receive regular reports from the officer or officers on the department's efforts to comply with civil rights legislation and administrative rules;
(8)  create subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole;
(9)  appoint a member of the board to act in the absence of the chair and vice chair; and
(10)  serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 37, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 137, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 24, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.024. Board Meetings

Sec. 1001.024.  BOARD MEETINGS.  The board shall hold regular meetings at least quarterly and special meetings at the call of the chair.  Board members shall attend the meetings of the board.  The chair shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each board member at least seven days before the meeting.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.025. Recommendations to Legislature

Sec. 1001.025.  RECOMMENDATIONS TO LEGISLATURE.  (a)  The board shall consider ways in which the department's operations may be improved and may periodically report to the legislature concerning potential statutory changes that would improve the operation of the department.
(b)  On behalf of the board, the chair shall report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of relevant legislative committees on legislative recommendations adopted by the board and relating to the operation of the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.026. Compensation

Sec. 1001.026.  COMPENSATION.  A member of the board is entitled to compensation as provided by the General Appropriations Act.  If compensation for board members is not provided by that Act, each member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.027. Grounds for Removal

Sec. 1001.027.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board if a board member:
(1)  does not have at the time of appointment or maintain during service on the board the qualifications required by Section 1001.021;
(2)  violates a prohibition provided by Section 1001.021;
(3)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or
(4)  is absent from more than half of the regularly scheduled board meetings that the board member is eligible to attend during a calendar year, unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director of the department knows that a potential ground for removal exists, the director shall notify the chair of the board of the ground, and the chair shall notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal relates to the chair, the director shall notify another board member, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.028. Conflict of Interest

Sec. 1001.028.  CONFLICT OF INTEREST.  (a)  A member of the board shall disclose in writing to the executive director if the member has an interest in a matter before the board or has a substantial financial interest in an entity that has a direct interest in the matter.
(b)  The member shall recuse himself or herself from the board's deliberations and actions on the matter in Subsection (a) and may not participate in the board's decision on the matter.
(c)  A person has a substantial financial interest in an entity if the person:
(1)  is an employee, member, director, or officer of the entity; or
(2)  owns or controls, directly or indirectly, more than a five percent interest in the entity.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.029. Information on Qualifications and Conduct

Sec. 1001.029.  INFORMATION ON QUALIFICATIONS AND CONDUCT.  The department shall provide to the members of the board, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.030. Board Member Training

Sec. 1001.030.  BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the board's programs, functions, and rules and the budget of the department;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)   the results of the most recent formal audit of the department;
(6)  the requirements of:
(A)  laws relating to open meetings, public information,  administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.02, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter B. Board of Department of Motor Vehicles › Section 1001.031. Advisory Committees

Sec. 1001.031.  ADVISORY COMMITTEES.  (a)  The board shall retain or establish one or more advisory committees to make recommendations to the board or the executive director.  A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board.  A committee and each committee member serves at the will of the board.
(a-1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.08(3), eff. September 1, 2019.
(b)  The board shall appoint persons to each advisory committee who:
(1)  are selected from a list provided by the executive director; and
(2)  have knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee or applicable division.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1290, Sec. 44(a)(3), eff. September 1, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1290, Sec. 44(a)(3), eff. September 1, 2011.
(e)  A member of an advisory committee may not be compensated by the board or the department for committee service.
(f)  The meetings of an advisory committee shall be made accessible to the public in person or through electronic means.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 38, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 44(a)(3), eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.08(3), eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.041. Department Personnel

Sec. 1001.041.  DEPARTMENT PERSONNEL.  (a)  Subject to the General Appropriations Act or other law, the executive director shall appoint deputies, assistants, and other personnel, including a general counsel, as necessary to carry out the powers and duties of the department under this code, other applicable vehicle laws of this state, and other laws granting jurisdiction or applicable to the department.
(b)  A person appointed under this section must have the professional and administrative experience necessary to qualify the person for the position to which the person is appointed.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.03, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.0411. Executive Director; Duties

Sec. 1001.0411.  EXECUTIVE DIRECTOR; DUTIES.  (a)  The board shall appoint an executive director to serve at the pleasure of the board.  The executive director shall perform all duties assigned by the board.
(b)  The executive director may delegate duties or responsibilities as the executive director considers appropriate, provided the delegation does not conflict with applicable law or a resolution of the board.
(c)  In accordance with Section 1001.041(a), the executive director shall hire and oversee a general counsel to advise the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 39, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.04, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.042. Division of Responsibilities

Sec. 1001.042.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director, including the appointment of department staff, and the staff of the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 138, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.05, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.043. Equal Employment Opportunity Policy; Report

Sec. 1001.043.  EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.  (a)  The executive director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the department workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under this section must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (a); and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.044. Qualifications and Standards of Conduct

Sec. 1001.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT.  The executive director shall provide to department employees, as often as necessary, information regarding their:
(1)  qualification for office or employment under this subtitle; and
(2)  responsibilities under applicable laws relating to standards of conduct for state employees.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter C. Personnel › Section 1001.045. Career Ladder Program; Performance Evaluations

Sec. 1001.045.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.  (a)  The executive director or the director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the director's designee shall develop a system of annual performance evaluations.  All merit pay for department employees must be based on the system established under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter D. Electronic Issuance of Licenses › Section 1001.101. Definitions

Sec. 1001.101.  DEFINITIONS.  In this subchapter:
(1)  "Digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.
(2)  "License" includes:
(A)  a motor carrier registration issued under Chapter 643;
(B)  a motor vehicle dealer, salvage dealer, manufacturer, distributor, representative, converter, or agent license issued by the department;
(C)  specially designated or specialized license plates issued under Chapter 504; and
(D)  an apportioned registration issued according to the International Registration Plan under Section 502.091.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 40, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 20.032, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 139, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter D. Electronic Issuance of Licenses › Section 1001.102. Application for and Issuance of License

Sec. 1001.102.  APPLICATION FOR AND ISSUANCE OF LICENSE.  The board by rule may provide for the filing of a license application and the issuance of a license by electronic means.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 40, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter D. Electronic Issuance of Licenses › Section 1001.103. Digital Signature

Sec. 1001.103.  DIGITAL SIGNATURE.  (a)  A license application received by the department is considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the license in accordance with Subsection (b).
(b)  The department may only accept a digital signature used to authenticate a license application under procedures that:
(1)  comply with any applicable rules of another state agency having jurisdiction over department use or acceptance of a digital signature; and
(2)  provide for consideration of factors that may affect a digital signature's reliability, including whether a digital signature is:
(A)  unique to the person using it;
(B)  capable of independent verification;
(C)  under the sole control of the person using it; and
(D)  transmitted in a manner that makes it infeasible to change the data in the communication or digital signature without invalidating the digital signature.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 40, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter E. Texas Department of Motor Vehicles Fund › Section 1001.151. Texas Department of Motor Vehicles Fund

Sec. 1001.151.  TEXAS DEPARTMENT OF MOTOR VEHICLES FUND.  (a)  The Texas Department of Motor Vehicles fund is a special fund in the treasury outside the general revenue fund and the state highway fund.
(b)  Except as provided by Subsection (c), and unless otherwise dedicated by the Texas Constitution, the fund consists of:
(1)  money appropriated by the legislature to the department;
(2)  money allocated to pay fund accounting costs and related liabilities of the fund;
(3)  gifts, grants, and donations received by the department;
(4)  money required by law to be deposited to the fund;
(5)  interest earned on money in the fund; and
(6)  other revenue received by the department.
(c)  Money appropriated to the department for Motor Vehicle Crime Prevention Authority purposes and other revenue collected or received by the Motor Vehicle Crime Prevention Authority may not be deposited into the fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 71, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.27, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter E. Texas Department of Motor Vehicles Fund › Section 1001.152. Use of Money in Fund

Sec. 1001.152.  USE OF MONEY IN FUND.  Money that is required to be deposited in the state treasury to the credit of the Texas Department of Motor Vehicles fund may be used by the department only:
(1)  to support the department's operations and the administration and enforcement of the department's functions; or
(2)  to pay the accounting costs and related liabilities for the fund, including fringe benefits, workers' compensation, and unemployment compensation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 71, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter E. Texas Department of Motor Vehicles Fund › Section 1001.153. Applicability of Other Law

Sec. 1001.153.  APPLICABILITY OF OTHER LAW.  Subchapter D, Chapter 316, Government Code, and Section 403.095, Government Code, do not apply to the fund created under Section 1001.151.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 71, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter F. Authority Regarding Real Property › Section 1001.201. Ownership, Control, Maintenance, Improvement, and Disposition of Real Property

Sec. 1001.201.  OWNERSHIP, CONTROL, MAINTENANCE, IMPROVEMENT, AND DISPOSITION OF REAL PROPERTY.  (a)  Notwithstanding Chapters 2165, 2166, and 2167, Government Code, or any other law, the department may own, control, manage, maintain, improve, lease, pledge, encumber, trade, sell, transfer, and otherwise dispose of real property, including improvements.
(b)  If requested by the department, the General Land Office shall negotiate and close a sale of real property under this section on behalf of the department using procedures under Section 31.158(c), Natural Resources Code, except that the General Land Office is not required to offer the School Land Board the first option to purchase the real property.
(c)  Revenue from the lease, encumbrance, sale, trade, transfer, or other disposition of real property under this section shall be deposited to the credit of the Texas Department of Motor Vehicles fund for the use and benefit of the department.
(d)  The expenses incurred by the General Land Office in conducting a real estate transaction under this section, including the payment of reasonable brokerage fees, may be deducted from the proceeds of the transaction before the proceeds are deposited to the credit of the Texas Department of Motor Vehicles fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 215 (S.B. 1349), Sec. 4, eff. May 28, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1001 - Organization of Department › Subchapter F. Authority Regarding Real Property › Section 1001.202. Contract Authority

Sec. 1001.202.  CONTRACT AUTHORITY.  (a)  Notwithstanding Chapters 2165, 2166, and 2167, Government Code, or any other law, the department may enter into a contract regarding the management, maintenance, design, construction, rehabilitation, repair, renovation, improvement, inspection, lease, pledge, encumbrance, trade, sale, transfer, or other disposition of real property, including improvements, under this subchapter.
(b)  The department shall comply with the requirements and processes in Chapters 2165, 2166, and 2167, Government Code, to the extent feasible, except that the department shall comply with a requirement that expressly applies to a state agency that is exempt from Chapter 2166, Government Code, under Section 2166.003 of that code.  Although the department is not required to use the services of the Texas Facilities Commission, the department may use services provided under Sections 2165.056, 2166.005, and 2167.007, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 215 (S.B. 1349), Sec. 4, eff. May 28, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1002 - Rules › Section 1002.001. General Rulemaking Authority

Sec. 1002.001.  GENERAL RULEMAKING AUTHORITY.  The board may adopt any rules necessary and appropriate to implement the powers and duties of the department under this code and other laws of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1002 - Rules › Section 1002.002. Rules Restricting Advertising or Competitive Bidding

Sec. 1002.002.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.001. Applicability of Certain Laws

Sec. 1003.001.  APPLICABILITY OF CERTAIN LAWS.  Except as specifically provided by law, the department is subject to Chapters 2001 and 2002, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.002. Summary Procedures for Routine Matters

Sec. 1003.002.  SUMMARY PROCEDURES FOR ROUTINE MATTERS.  (a)  The board or the department by rule may:
(1)  create a summary procedure for routine matters; and
(2)  designate department activities that otherwise would be subject to Chapter 2001, Government Code, as routine matters to be handled under the summary procedure.
(b)  An activity may be designated as a routine matter only if the activity is:
(1)  voluminous;
(2)  repetitive;
(3)  believed to be noncontroversial; and
(4)  of limited interest to anyone other than persons immediately involved in or affected by the proposed department action.
(c)  The rules may establish procedures different from those contained in Chapter 2001, Government Code.  The procedures must require, for each party directly involved, notice of a proposed negative action not later than the fifth day before the date the action is proposed to be taken.
(d)  A rule adopted by the board under this section may provide for the delegation of authority to take action on a routine matter to a salaried employee of the department designated by the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.003. Review of Action on Routine Matter

Sec. 1003.003.  REVIEW OF ACTION ON ROUTINE MATTER.  (a)  A person directly or indirectly affected by an action of the board or the department on a routine matter taken under the summary procedure adopted under Section 1003.002 is entitled to a review of the action under Chapter 2001, Government Code.
(b)  The person must apply to the board not later than the 60th day after the date of the action to be entitled to the review.
(c)  The timely filing of the application for review immediately stays the action pending a hearing on the merits.
(d)  The board may adopt rules relating to an application for review under this section and consideration of the application.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.004. Informal Disposition of Certain Contested Cases

Sec. 1003.004.  INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.  The board or the department, as applicable, may, on written agreement or stipulation of each party and any intervenor, informally dispose of a contested case in accordance with Section 2001.056, Government Code, notwithstanding any provision of this code or other law that requires a hearing before the board or the department, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.005. Delegation of Power

Sec. 1003.005.  DELEGATION OF POWER.  (a) The board by rule may delegate any power relating to a contested case hearing, other than the power to issue a final order, to:
(1)  one or more of the board's members;
(2)  the executive director;
(3)  the director of a division of the department; or
(4)  one or more of the department's employees.
(b)  The board by rule may delegate the authority to issue a final order in a contested case hearing to:
(1)  one or more of the board's members;
(2)  the executive director; or
(3)  the director of a division within the department designated by the board or the executive director to carry out the requirements of this chapter.
(c)  The board by rule may delegate any power relating to a complaint investigation to any person employed by the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 41, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.0055. Complaints

Sec. 1003.0055.  COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department.  The department shall maintain information about parties to and the subject matter of the complaint and a summary of the results of the review or investigation of the complaint and the disposition of the complaint.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department shall periodically notify the parties to the complaint of the status of the complaint until final disposition.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.06, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1003 - Department Procedures › Section 1003.008. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 1003.008.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The department shall:
(1)  coordinate the implementation of the policy developed under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.06, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1004 - Public Access › Section 1004.001. Access to Programs and Facilities

Sec. 1004.001.  ACCESS TO PROGRAMS AND FACILITIES.  (a)  The department shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the department's programs.
(b)  The department shall comply with federal and state laws for program and facility accessibility.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1004 - Public Access › Section 1004.002. Public Comment

Sec. 1004.002.  PUBLIC COMMENT.  The board and the department shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board or the department and to speak on any issue under the jurisdiction of the board or the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1004 - Public Access › Section 1004.003. Confidentiality of Information Related to Investigations

Sec. 1004.003.  CONFIDENTIALITY OF INFORMATION RELATED TO INVESTIGATIONS.  Information obtained during an investigation of a person regulated under Chapter 2301 or 2302, Occupations Code, or Chapter 503 or 643 of this code is confidential and not subject to disclosure under Chapter 552, Government Code, until the investigation is dismissed or finally resolved only if the disclosure of that information would interfere with or jeopardize the investigation.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 1.07, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1005 - Standards of Conduct › Section 1005.001. Application of Law Relating to Ethical Conduct

Sec. 1005.001.  APPLICATION OF LAW RELATING TO ETHICAL CONDUCT.  The board, the executive director, and each employee or agent of the department is subject to the code of ethics and the standard of conduct imposed by Chapter 572, Government Code, and any other law regulating the ethical conduct of state officers and employees.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter A. General Provisions › Section 1006.001. Definitions

Sec. 1006.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Motor Vehicle Crime Prevention Authority.
(2)  "Economic motor vehicle theft" means motor vehicle burglary or theft, including theft of a catalytic converter attached to a motor vehicle, committed for financial gain.
(3)  "Insurer" means any insurance company writing any form of motor vehicle insurance in this state, including an interinsurance or reciprocal exchange, mutual company, mutual association, or Lloyd's plan.
(4)   "Motor vehicle" means a self-propelled vehicle or a vehicle, trailer, or semitrailer designed for use with a self-propelled vehicle.  The term does not include a vehicle that runs exclusively on fixed rails or tracks or a piece of equipment operated solely on private property.
(5)  "Motor vehicle burglary or theft" includes economic motor vehicle theft.
Reenacted, transferred, redesignated and amended from Vernon's Civil Statutes, Section 1, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.03, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.13, eff. May 29, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter A. General Provisions › Section 1006.002. Establishment

Sec. 1006.002.  ESTABLISHMENT.  The Motor Vehicle Crime Prevention Authority is established in the department.  The authority is not an advisory body to the department.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 2, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.051. Authority Membership

Sec. 1006.051.  AUTHORITY MEMBERSHIP.  (a)  The authority is composed of seven members.
(b)  The governor, with the advice and consent of the senate, shall appoint the following six members:
(1)  two representatives of motor vehicle insurance consumers;
(2)  two representatives of insurance companies writing motor vehicle insurance in this state; and
(3)  two representatives of law enforcement.
(c)  The public safety director of the Department of Public Safety or the director's designee serves ex officio as the seventh member of the authority.
(d)  Appointments to the authority shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 3(a), (b), (c), and (d), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.052. Eligibility Restrictions

Sec. 1006.052.  ELIGIBILITY RESTRICTIONS.  (a)  A person is not eligible for appointment as a representative of motor vehicle insurance consumers under Section 1006.051(b)(1) if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of motor vehicle insurance or law enforcement;
(2)  is an officer, employee, or paid consultant of a Texas trade association in the field of motor vehicle insurance or law enforcement;
(3)  is employed by or participates in the management of a business entity or other organization receiving funds from the authority;
(4)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the authority; or
(5)  uses or receives a substantial amount of tangible goods, services, or funds from the authority, other than reimbursement authorized by law for service on the board of the authority.
(b)  For purposes of Subsection (a)(2), "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist the association's members and the members' industry or profession in dealing with mutual business or professional problems and in promoting the members' common interest.
(c)  A person may not serve as a member of the authority if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to motor vehicle insurance or law enforcement.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 3(i), (j), and (k), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.053. Term of Office; Vacancy

Sec. 1006.053.  TERM OF OFFICE; VACANCY.  (a)  The six members of the authority appointed by the governor serve staggered six-year terms, with the terms of two members expiring February 1 of each odd-numbered year.
(b)  If there is a vacancy during a term, the governor shall appoint a replacement who meets the requirements of the vacant office to fill the unexpired term.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 3(e), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.07, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.054. Presiding Officer

Sec. 1006.054.  PRESIDING OFFICER.   The governor shall designate a member of the authority as the presiding officer of the authority to serve in that capacity at the pleasure of the governor.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 5(a), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.08, eff. September 1, 2019.