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 2302 - Salvage Vehicle Dealers › Subchapter D. License Expiration and Renewal › Section 2302.153. Procedures for Renewal

Sec. 2302.153.  PROCEDURES FOR RENEWAL.  (a)  A person who is otherwise eligible to renew a license issued under this chapter may renew an unexpired license by paying the required renewal fee to the department on or before the expiration date of the license.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose license has been expired for one year or longer may not renew the license.  The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.
(e)  A person who was licensed in this state, moved to another state, and has been doing business in the other state for the two years preceding the date of application may renew an expired license.  The person must pay to the department a renewal fee that is equal to two times the normally required renewal fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter E. Conducting Business › Section 2302.201. Duties on Acquisition of Salvage Motor Vehicle

Sec. 2302.201.  DUTIES ON ACQUISITION OF SALVAGE MOTOR VEHICLE.  (a)  Except as provided by Section 501.0935, Transportation Code, a salvage vehicle dealer who acquires ownership of a salvage motor vehicle from an owner must receive from the owner a properly assigned title.
(b)  The dealer shall comply with Subchapter E, Chapter 501, Transportation Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1136 (H.B. 1422), Sec. 6, 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 2302 - Salvage Vehicle Dealers › Subchapter E. Conducting Business › Section 2302.202. Records of Purchases

Sec. 2302.202.  RECORDS OF PURCHASES.  A salvage vehicle dealer shall maintain a record of each salvage motor vehicle purchased or sold by the dealer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.06, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter E. Conducting Business › Section 2302.203. Registration of New Business Location

Sec. 2302.203.  REGISTRATION OF NEW BUSINESS LOCATION.  Before moving a place of business or opening an additional place of business, a salvage vehicle dealer must register the new location with the department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter E. Conducting Business › Section 2302.204. Casual Sales

Sec. 2302.204.  CASUAL SALES.  This chapter does not apply to a person who purchases fewer than five nonrepairable motor vehicles or salvage motor vehicles from a salvage vehicle dealer, an insurance company or salvage pool operator in a casual sale at auction, except that:
(1)  the board shall adopt rules as necessary to regulate casual sales by salvage vehicle dealers, insurance companies, or salvage pool operators and to enforce this section; and
(2)  a salvage vehicle dealer, insurance company, or salvage pool operator who sells a motor vehicle in a casual sale shall comply with those rules and Subchapter E, Chapter 501, Transportation Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.09, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 245, eff. January 1, 2012.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter E. Conducting Business › Section 2302.205. Duty of Metal Recycler

Sec. 2302.205.  DUTY OF METAL RECYCLER.  A metal recycler who purchases a motor vehicle shall submit a regular certificate of title or a nonrepairable or salvage vehicle title or comparable out-of-state ownership document to the department and comply with Subchapter E, Chapter 501, Transportation Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.251. Definitions

Sec. 2302.251.  DEFINITIONS.  In this subchapter:
(1)  "Component part" means a major component part as defined in Section 501.091, Transportation Code, or a minor component part.
(2)  "Interior component part" means a seat or radio of a motor vehicle.
(3)  "Minor component part" means an interior component part, a special accessory part, or a motor vehicle part that displays or should display one or more of the following:
(A)  a federal safety certificate;
(B)  a motor number;
(C)  a serial number or a derivative;  or
(D)  a manufacturer's permanent vehicle identification number or a derivative.
(4)  "Special accessory part" means a tire, wheel, tailgate, or removable glass top of a motor vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.252. Removal of License Plates; Inventory

Sec. 2302.252.  REMOVAL OF LICENSE PLATES;  INVENTORY.  (a)  Immediately on receipt of a motor vehicle, a salvage vehicle dealer shall remove any unexpired license plates from the vehicle and place the license plates in a secure, locked place.
(b)  A salvage vehicle dealer shall maintain on a form provided by the department an inventory of unexpired license plates removed under Subsection (a).  The inventory must include:
(1)  each license plate number;
(2)  the make of the motor vehicle from which the license plate was removed;
(3)  the motor number of that vehicle;  and
(4)  the vehicle identification number of that 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 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.254. Record of Purchase; Inventory of Parts

Sec. 2302.254.  RECORD OF PURCHASE;  INVENTORY OF PARTS.  (a)  A salvage vehicle dealer shall keep an accurate and legible inventory of each used component part purchased by or delivered to the dealer.  The inventory must contain a record of each part that includes:
(1)  the date of purchase or delivery;
(2)  the name, age, address, sex, and driver's license number of the seller and a legible photocopy of the seller's driver's license;
(3)  the license plate number of the motor vehicle in which the part was delivered;
(4)  a complete description of the part, including the type of material and, if applicable, the make, model, color, and size of the part;  and
(5)  the vehicle identification number of the motor vehicle from which the part was removed.
(b)  Instead of the information required by Subsection (a), a salvage vehicle dealer may record:
(1)  the name of the person who sold the part or the motor vehicle from which the part was obtained;  and
(2)  the Texas certificate of inventory number or the federal taxpayer identification number of that person.
(c)  The department shall prescribe the form of the record required under Subsection (a) and shall make the form available to salvage vehicle dealers.
(d)  This section does not apply to:
(1)  an interior component part or special accessory part that is from a motor vehicle more than 10 years of age;  or
(2)  a part delivered to a salvage vehicle dealer by a commercial freight line or commercial carrier.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.255. Assignment of Inventory Number

Sec. 2302.255.  ASSIGNMENT OF INVENTORY NUMBER.  (a)  A salvage vehicle dealer shall:
(1)  assign a unique inventory number to each transaction in which the dealer purchases or takes delivery of a component part;
(2)  attach the unique inventory number to each component part the dealer obtains in the transaction;  and
(3)  retain each component part in its original condition on the business premises of the dealer for at least three calendar days, excluding Sundays, after the date the dealer obtains the part.
(b)  An inventory number attached to a component part under Subsection (a) may not be removed while the part remains in the inventory of the salvage vehicle dealer.
(c)  A salvage vehicle dealer shall record a component part on an affidavit bill of sale if:
(1)  the component part does not have a vehicle identification number or the vehicle identification number has been removed;  or
(2)  the vehicle identification number of the vehicle from which the component part was removed is not available.
(d)  The department shall prescribe and make available the form for the affidavit bill of sale.
(e)  This section does not apply to the purchase by a salvage vehicle dealer of a nonoperational engine, transmission, or rear axle assembly from another salvage vehicle dealer or an automotive-related 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 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.256. Maintenance of Records

Sec. 2302.256.  MAINTENANCE OF RECORDS.  A salvage vehicle dealer shall keep a record required under this subchapter on a form prescribed by the department.  The dealer shall maintain two copies of each record required under this subchapter until the first anniversary of the date the dealer sells or disposes of the item for which the record is maintained.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.257. Surrender of Certain Documents or License Plates

Sec. 2302.257.  SURRENDER OF CERTAIN DOCUMENTS OR LICENSE PLATES.  (a)  On demand, a salvage vehicle dealer shall surrender to the department for cancellation a certificate of title or authority, sales receipt or transfer document, license plate, or inventory list that the dealer is required to possess or maintain.
(b)  The department shall provide a signed receipt for a surrendered certificate of title or license plate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter F. Additional Duties of Salvage Vehicle Dealer in Connection With Motor Vehicle Component Parts › Section 2302.258. Inspection of Records

Sec. 2302.258.  INSPECTION OF RECORDS.  (a)  A peace officer at any reasonable time may inspect a record required to be maintained under this subchapter, including an inventory record and affidavit bill of sale.
(b)  On demand of a peace officer, a salvage vehicle dealer shall give to the officer a copy of a record required to be maintained under this subchapter.
(c)  A peace officer may inspect the inventory on the premises of a salvage vehicle dealer at any reasonable time in order to verify, check, or audit the records required to be maintained under this subchapter.
(d)  A salvage vehicle dealer or an employee of the dealer shall allow and may not interfere with a peace officer's inspection of the dealer's inventory, premises, or required inventory records or affidavit bills of sale.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter G. Motor Vehicle Salvage Yards in Certain Counties › Section 2302.301. Application of Subchapter

Sec. 2302.301.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a motor vehicle salvage yard located in a county with a population of 2.8 million or more.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter G. Motor Vehicle Salvage Yards in Certain Counties › Section 2302.302. Limits on Operation of Heavy Machinery

Sec. 2302.302.  LIMITS ON OPERATION OF HEAVY MACHINERY.  (a)  A salvage vehicle dealer may not operate heavy machinery in a motor vehicle salvage yard between the hours of 7 p.m. of one day and 7 a.m. of the following day.
(b)  This section does not apply to conduct necessary to a sale or purchase by the dealer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter H. Penalties and Enforcement › Section 2302.351. Injunctions

Sec. 2302.351.  INJUNCTIONS.  (a)  The prosecutor in the county where a motor vehicle salvage yard is located or the city attorney in the municipality where the salvage yard is located may bring suit to enjoin for a period of less than one year a violation of this chapter.
(b)  If a salvage vehicle dealer or an employee of the dealer acting in the course of employment is convicted of more than one offense under Section 2302.353(a), the district attorney for a county in which the dealer's salvage business is located may bring an action in that county to enjoin the dealer's business operations for a period of at least one year.
(c)  An action under Subsection (b) must be brought in the name of the state.  If judgment is in favor of the state, the court shall:
(1)  enjoin the dealer from maintaining or participating in the business of a salvage vehicle dealer for a definite period of at least one year or indefinitely, as determined by the court;  and
(2)  order that the dealer's place of business be closed for the same period.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.11, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter H. Penalties and Enforcement › Section 2302.353. Offenses

Sec. 2302.353.  OFFENSES.  (a)  A person commits an offense if the person knowingly violates:
(1)  a provision of this chapter other than Subchapter G;  or
(2)  a rule adopted under a provision of this chapter other than Subchapter G.
(b)  A person commits an offense if the person knowingly violates Subchapter G.
(c)  An offense under Subsection (a) is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under that subsection, in which event the offense is punishable as a state jail felony.
(d)  An offense under Subsection (b) is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2302 - Salvage Vehicle Dealers › Subchapter H. Penalties and Enforcement › Section 2302.354. Administrative Penalty

Sec. 2302.354.  ADMINISTRATIVE PENALTY.  (a)  The department may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
(b)  The penalty may not be less than $50 or more than $1,000, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the economic harm caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation; and
(6)  any other matter that justice requires.
(c)  The person may stay enforcement during the time the order is under judicial review if the person pays the penalty to the court clerk or files a supersedeas bond with the court in the amount of the penalty.  A person who cannot afford to pay the penalty or file the bond may stay enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the department to contest the affidavit as provided by those rules.
(d)  A proceeding to impose an administrative penalty is subject to Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 246(a), 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 2302 - Salvage Vehicle Dealers › Subchapter H. Penalties and Enforcement › Section 2302.355. Cease and Desist Order

Sec. 2302.355.  CEASE AND DESIST ORDER.  If it appears to the board that a person who is not licensed under this chapter is violating this chapter or a rule or order adopted under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.12, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2303 - Vehicle Storage Facilities › Subchapter A. General Provisions › Section 2303.001. Short Title

Sec. 2303.001.  SHORT TITLE.  This chapter may be cited as the Vehicle Storage Facility Act.
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 A. General Provisions › Section 2303.002. Definitions

Sec. 2303.002.  DEFINITIONS.  In this chapter:
(1)  "Abandoned nuisance vehicle" means a motor vehicle that is:
(A)  at least 10 years old;  and
(B)  of a condition only to be demolished, wrecked, or dismantled.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Department" means the Texas Department of Licensing and Regulation.
(4)  "Executive director" means the executive director of the department.
(5)  "Owner of a vehicle" means a person:
(A)  named as the purchaser or transferee in the certificate of title issued for the vehicle under Chapter 501, Transportation Code;
(B)  in whose name the vehicle is registered under Chapter 502, Transportation Code, or a member of the person's immediate family;
(C)  who holds the vehicle through a lease agreement;
(D)  who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage;  or
(E)  who is a lienholder, holds an affidavit of repossession, and is entitled to repossess the vehicle.
(6)  "Principal" means an individual who:
(A)  personally or constructively holds, including as the beneficiary of a trust:
(i)  at least 10 percent of a corporation's outstanding stock;  or
(ii)  more than $25,000 of the fair market value of a business entity;
(B)  has the controlling interest in a business entity;
(C)  has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of a business entity;
(D)  is a member of the board of directors or other governing body of a business entity;  or
(E)  serves as an elected officer of a business entity.
(7)  "Vehicle" means:
(A)  a motor vehicle for which the issuance of a certificate of title is required under Chapter 501, Transportation Code;  or
(B)  any other device designed to be self-propelled or transported on a public highway.
(8)  "Vehicle storage facility" means a garage, parking lot, or other facility that is:
(A)  owned by a person other than a governmental entity;  and
(B)  used to store or park at least 10 vehicles each year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.626(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.01, 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 A. General Provisions › Section 2303.003. Exemptions

Sec. 2303.003.  EXEMPTIONS.  (a)  This chapter does not apply to a vehicle stored or parked at a vehicle storage facility with the consent of the owner of the vehicle.
(b)  This chapter does not apply to a vehicle storage facility operated by a person licensed under Chapter 2301.
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 B. Powers and Duties of Commission and Department › Section 2303.051. Rulemaking: License Requirements

Sec. 2303.051.  RULEMAKING: LICENSE REQUIREMENTS.  The commission shall adopt rules that:
(1)  establish the requirements for a person to be licensed to operate a vehicle storage facility to ensure that the facility maintains adequate standards for the care of stored vehicles;
(2)  relate to the administrative sanctions that may be imposed on a person licensed under this chapter;
(3)  govern the administration of this chapter.
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. 1.02, 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 B. Powers and Duties of Commission and Department › Section 2303.052. Issuance of License; Fees

Sec. 2303.052.  ISSUANCE OF LICENSE;  FEES.  (a)  The department may issue licenses to operate vehicle storage facilities.
(b)  The department may impose and collect a fee for a license in an amount sufficient to cover the costs incurred by the department in administering 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 B. Powers and Duties of Commission and Department › Section 2303.053. Rules Regarding Payment of Fee

Sec. 2303.053.  RULES REGARDING PAYMENT OF FEE.  (a)  The commission may adopt rules regarding the method of payment of a fee under this chapter.
(b)  The rules may authorize the use of:
(1)  electronic funds transfer;  or
(2)  a credit card issued by a financial institution chartered by:
(A)  a state or the federal government;  or
(B)  a nationally recognized credit organization approved by the department.
(c)  The rules may require the payment of a discount or a service charge for a credit card payment in addition to the fee.
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 B. Powers and Duties of Commission and Department › Section 2303.054. Rules Restricting Advertising or Competitive Bidding

Sec. 2303.054.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)   The commission may not adopt a rule restricting advertising or competitive bidding by a person licensed under this chapter except to prohibit a false, misleading, or deceptive practice.
(b)  In its rules to prohibit a false, misleading, or deceptive practice, the commission may not include a rule that:
(1)  restricts the person's use of any advertising medium;
(2)  restricts the person's personal appearance or the use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the person's advertisement under a trade name.
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 B. Powers and Duties of Commission and Department › Section 2303.055. Examination of Criminal Conviction

Sec. 2303.055.  EXAMINATION OF CRIMINAL CONVICTION.  The department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, 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 B. Powers and Duties of Commission and Department › Section 2303.056. Periodic Inspections

Sec. 2303.056.  PERIODIC INSPECTIONS.  (a)  The department may enter and inspect at any time during business hours:
(1)  the place of business of any person regulated under this chapter; or
(2)  any place in which the department has reasonable cause to believe that a license holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(27), eff. September 1, 2021.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 1, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(1), eff. June 15, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(27), 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 B. Powers and Duties of Commission and Department › Section 2303.057. Personnel

Sec. 2303.057.  PERSONNEL.  The department may employ personnel necessary to administer and enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, 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 B. Powers and Duties of Commission and Department › Section 2303.058. Advisory Board

Sec. 2303.058.  ADVISORY BOARD.  The Towing and Storage Advisory Board under Chapter 2308 shall advise the commission in adopting vehicle storage rules under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 30, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 2, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.001, eff. June 15, 2017.
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 C. License Requirements, Issuance, and Renewal › Section 2303.101. Facility License Required

Sec. 2303.101.  FACILITY LICENSE REQUIRED.  (a)  A person may not operate a vehicle storage facility unless the person holds a license issued under this chapter.
(b)  A license issued under this chapter:
(1)  is valid only for the person who applied for the license;  and
(2)  applies only to a single vehicle storage facility named on the license.
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. 1.04, 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 C. License Requirements, Issuance, and Renewal › Section 2303.1015. Employee License Required

Sec. 2303.1015.  EMPLOYEE LICENSE REQUIRED.  (a)  A person may not work at a vehicle storage facility unless the person holds:
(1)  a license issued under this chapter;
(2)  an incident management towing operator's license under Section 2308.153;
(3)  a private property towing operator's license under Section 2308.154; or
(4)  a consent towing operator's license under Section 2308.155.
(b)  The commission shall adopt rules governing the application for and issuance of a license under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.05, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1057 (H.B. 2615), Sec. 1, eff. September 1, 2017.
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 C. License Requirements, Issuance, and Renewal › Section 2303.102. License Application

Sec. 2303.102.  LICENSE APPLICATION.  (a)  The commission by rule shall determine the types of information to be included in an application for a license under this chapter on a form prescribed by the executive director.
(b)  The rules adopted under this section must require an application for a facility license to list:
(1)  the name and address of each partner, if the applicant is a partnership; and
(2)  the name and address of the president, secretary, and treasurer of the corporation, if the applicant is a corporation.
(c)  A corporation's application must be signed and sworn to by the president and secretary of the corporation.
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. 1.06, 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 C. License Requirements, Issuance, and Renewal › Section 2303.103. Eligibility

Sec. 2303.103.  ELIGIBILITY.  The department shall approve an application submitted as provided by Section 2303.102 unless the department determines that:
(1)  the applicant knowingly supplied false or incomplete information on the application;
(2)  in the three years preceding the date of application, the applicant, a partner, principal, or officer of the applicant, or the general manager of the applicant, was convicted of:
(A)  a felony;  or
(B)  a misdemeanor punishable by confinement in jail or by a fine exceeding $500;  or
(3)  the vehicle storage facility for which the license is sought does not meet the standards for storage facilities established by commission rules.
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 C. License Requirements, Issuance, and Renewal › Section 2303.104. Notice of Denial; Opportunity to Comply

Sec. 2303.104.  NOTICE OF DENIAL;  OPPORTUNITY TO COMPLY.  (a)  If the department denies an application for a license under this chapter, the department shall send written notice of the decision to the applicant at the address shown on the application by certified mail, return receipt requested.
(b)  The notice must state the reason for the department's decision and that the applicant is entitled to a hearing before the department under Subchapter E.
(c)  The notice may state that the decision is temporary pending compliance by the applicant.  If the decision is temporary and the applicant complies with this chapter and commission rules not later than the 14th day after the date the applicant receives the notice, the department shall approve the application.
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 C. License Requirements, Issuance, and Renewal › Section 2303.105. Term of License; Notice of Expiration

Sec. 2303.105.  TERM OF LICENSE;  NOTICE OF EXPIRATION.  (a)  A license issued under this chapter is valid for the period set by the department.
(b)  Not later than the 30th day before the expiration date of a person's license, the department shall send written notice of the impending license expiration to the person at the person's last known address according to the department's records.
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 C. License Requirements, Issuance, and Renewal › Section 2303.106. Procedure for Renewal

Sec. 2303.106.  PROCEDURE FOR RENEWAL.  (a)  A person may apply to the department to renew the person's license.  The application for renewal must be:
(1)  made on a form approved by the department;
(2)  submitted to the department before the expiration date of the license;  and
(3)  accompanied by a nonrefundable fee.
(b)  A person whose license expires and is not renewed under this section may apply for a new license under Section 2303.102.
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 2303.1511. Vehicle Storage Facility's Duty to Report After Accepting Unauthorized Vehicle

Sec. 2303.1511.  VEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE.  (a)  A vehicle storage facility accepting a vehicle that is towed under this chapter shall, within two hours after receiving the vehicle, report to the local law enforcement agency with jurisdiction over the area from which the vehicle was towed:
(1)  a general description of the vehicle;
(2)  the state and number of the vehicle's license plate, if any;
(3)  the vehicle identification number of the vehicle, if it can be ascertained;
(4)  the location from which the vehicle was towed; and
(5)  the name and location of the vehicle storage facility where the vehicle is being stored.
(b)  The report required by this section must be made by telephone or electronically or delivered personally or by facsimile.
(c)  This section does not apply to a vehicle received as a result of an incident management tow requested by a law enforcement agency unless the law enforcement agency requests a report of incident management tows within the jurisdiction of the agency.  In this subsection, "incident management tow" has the meaning assigned by Section 2308.002.
Added by Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 1, 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 2303.152. Notice by Publication

Sec. 2303.152.  NOTICE BY PUBLICATION.  (a)  Notice to the registered owner and the primary lienholder of a vehicle towed to a vehicle storage facility may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored if:
(1)  the vehicle is registered in another state;
(2)  the operator of the storage facility submits to the governmental entity responsible for maintaining the motor vehicle title and registration database for the state in which the vehicle is registered a request for information relating to the identity of the registered owner and any lienholder of record that is either:
(A)  written; or
(B)  electronic, through the governmental entity's secure access portal;
(3)  the identity of the registered owner cannot be determined;
(4)  the registration does not contain an address for the registered owner; or
(5)  the operator of the storage facility cannot reasonably determine the identity and address of each lienholder.
(b)  A written request under Subsection (a)(2)(A) must:
(1)  be correctly addressed;
(2)  carry sufficient postage; and
(3)  be sent by certified mail, return receipt requested, or electronic certified mail.
(b-1)  An electronic request under Subsection (a)(2)(B) must be submitted either:
(1)  directly to the governmental entity through the governmental entity's secure access portal; or
(2)  to a private entity authorized by the governmental entity to obtain title, registration, and lienholder information using a single vehicle identification number inquiry submitted through a secure access portal to the governmental entity's motor vehicle records.
(c)  Notice by publication is not required if each notice sent as provided by Section 2303.151 is returned because:
(1)  the notice was unclaimed or refused;  or
(2)  the person to whom the notice was sent moved without leaving a forwarding address.
(d)  Only one notice is required to be published for an abandoned nuisance vehicle.
(e)  Notice to the registered owner and the primary lienholder of a vehicle towed to a vehicle storage facility may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored if:
(1)  the vehicle does not display a license plate or a vehicle inspection certificate indicating the state of registration;
(2)  the identity of the registered owner cannot reasonably be determined by the operator of the storage facility; or
(3)  the operator of the storage facility cannot reasonably determine the identity and address of each lienholder.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.627(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 737 (H.B. 2630), Sec. 9, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 1001 (H.B. 1247), Sec. 2, eff. June 15, 2017.
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 2303.1521. Certain Vehicles With State of Registration Unknown

Sec. 2303.1521.  CERTAIN VEHICLES WITH STATE OF REGISTRATION UNKNOWN.  (a)  An operator of a vehicle storage facility who receives a motor vehicle as defined by Section 501.002(17)(A), Transportation Code, and does not know the state in which the vehicle is registered may give notice by publication under Section 2303.152 only if the operator:
(1)  obtains, using the motor vehicle's vehicle identification number, by mail or electronically, a report from the National Motor Vehicle Title Information System operated by the United States Department of Justice, or a successor system, showing the state in which the motor vehicle is titled; and
(2)  either:
(A)  is unable to determine from the report the governmental entity that is responsible for maintaining the registration information for the motor vehicle; or
(B)  attempts to and is unable to obtain, from the governmental entity indicated in the report, the identity and address of any registered owner and any lienholder.
(b)  An operator who attempts to obtain owner and lienholder information under Subsection (a)(2) must attempt to obtain the information, by mail or electronically, either:
(1)  directly from the governmental entity; or
(2)  from a private entity authorized by the governmental entity to obtain title, registration, and lienholder information using a single vehicle identification number inquiry submitted through a secure access portal to the governmental entity's motor vehicle records.
(c)  An address obtained electronically from a governmental entity under Subsection (b)(1) must be obtained through the governmental entity's secure access portal.
Added by Acts 2017, 85th Leg., R.S., Ch. 1001 (H.B. 1247), Sec. 3, eff. June 15, 2017.
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 2303.153. Contents of Notice

Sec. 2303.153.  CONTENTS OF NOTICE.  (a)  A notice by mail provided under Section 2303.151 must include:
(1)  the date the vehicle was accepted for storage;
(2)  the first day for which a storage fee is assessed;
(3)  the daily storage rate;
(4)  the type and amount of any other charge to be paid when the vehicle is claimed;
(5)  the full name, street address, and telephone number of the vehicle storage facility;
(6)  the hours during which the owner may claim the vehicle; and
(7)  the facility license number preceded by "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No."
(b)  A notice by publication provided under Section 2303.152 must include:
(1)  the vehicle description;
(2)  the total charges;
(3)  the full name, street address, and telephone number of the facility;  and
(4)  the department registration number.
(c)  Notice by publication is not required to include any information other than that listed in Subsection (b).
(d)  Notice by publication may include a list of more than one vehicle, watercraft, or outboard motor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.627(b), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 764 (S.B. 1053), Sec. 1, 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 2303 - Vehicle Storage Facilities › Subchapter D. Practice by License Holder › Section 2303.1545. Disposition of Abandoned Nuisance Vehicle

Sec. 2303.1545.  DISPOSITION OF ABANDONED NUISANCE VEHICLE.  (a)  A vehicle storage facility that holds an abandoned nuisance vehicle is not required to send or publish a second notice and is entitled to dispose of the vehicle on the 30th day after the date the notice is mailed or published under Section 2303.151 or 2303.152.
(b)  The facility may:
(1)  notify the department that notices under Chapter 683, Transportation Code, have been provided and shall pay a fee of $10 to the department;  or
(2)  in the alternative, notify the appropriate law enforcement agency and pay a fee of $10 to that agency.
(c)  A law enforcement agency described by Subsection (b)(2) may sign a document issued by the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.627(d), 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 2303.1551. Required Posting

Sec. 2303.1551.  REQUIRED POSTING.  (a)  All storage fees shall be posted at the licensed vehicle storage facility to which the motor vehicle has been delivered and shall be posted in view of the person who claims the vehicle.
(b)  A vehicle storage facility accepting a nonconsent towed vehicle shall post a sign that complies with commission rules and states "Nonconsent tow fees schedules available on request."  The vehicle storage facility shall provide a copy of a nonconsent towing fees schedule on request.  The commission shall adopt rules for signs required under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 5, eff. June 15, 2017.