reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.95 - Motor Carrier Regulation Advisory Committee (MCRAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The MCRAC is
				  created to make recommendations, as requested by the department and board, on
				  topics related to motor carrier registration and motor carrier
				  regulation.
(b) The MCRAC shall
				  comply with the requirements of §
										206.93 of this title (relating to
				  Advisory Committee Operations and Procedures).
(c) The MCRAC shall expire on July 7,
				  2027.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.96 - Vehicle Titles and Registration Advisory Committee (VTRAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The VTRAC is
				  created to make recommendations, as requested by the department and board, on
				  topics related to vehicle titles and registration.
(b) The VTRAC shall comply with the
				  requirements of §
										206.93 of this title (relating to
				  Advisory Committee Operations and Procedures).
(c) The VTRAC shall expire on July 7,
				  2027.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.97 - Customer Service and Protection Advisory Committee (CSPAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The CSPAC is
				  created to make recommendations, as requested by the department and board, on
				  the following:
(1) investigation and
				  enforcement issues, including: vehicle titles and registration fraud; lemon
				  law; the warranty performance program; and various other topics affecting
				  consumers; and
(2) topics related
				  to improving and enhancing customer service by the department, including, but
				  not limited to the following: infrastructure; new customer service initiatives;
				  policy and process improvements; and technology.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.98 - Household Goods Rules Advisory Committee (HGRAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The HGRAC is
				  created to make recommendations, as requested by the department or board, to
				  modernize and streamline the rules adopted under Transportation Code §
										643.153(a) and
				  (b).
(b) The HGRAC shall comply with the
				  requirements of §
										206.93 of this title (relating to
				  Advisory Committee Operations and Procedures).
(c) The HGRAC shall expire on July 7,
				  2027.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.99 - Use of Advisory Committees and Working Groups

Current through Reg. 49, No. 28; July 12, 2024
In determining appropriate situations in which to utilize
					 an advisory committee versus a working group, the department and the board
					 shall prioritize the use of advisory committees in rulemaking on significant or
					 controversial issues of public policy. The department may form working groups
					 to advise department staff. A working group is not a standing committee formed
					 to advise the board, but a group formed by department staff on an as-needed
					 basis.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.101 - Public Access to Advisory Committee Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Posted agenda items. A person may speak before an advisory committee on any
				  matter on a posted agenda by submitting a request, in a form and manner as
				  prescribed by the department, prior to the matter being taken up by the
				  advisory committee. A person speaking before an advisory committee on an agenda
				  item will be allowed an opportunity to speak:
(1) prior to a motion by the advisory
				  committee on the item; and
(2) for
				  a maximum of three minutes, except as provided in subsections (d)(6) and (e) of
				  this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter E - DEPARTMENT VEHICLE FLEET MANAGEMENT › Section 206.111 - Restrictions on Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of Motor
				  Vehicles.
(2) Division
				  director--The chief administrative officer in charge of a division of the
				  department.
(3) Executive
				  Director--The executive director of the Texas Department of Motor Vehicles or
				  the executive director's designee not below the level of division
				  director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter F - DIGITAL CERTIFICATES › Section 206.131 - Digital Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This
				  section prescribes the requirements that govern the issuance, use, and
				  revocation of digital certificates issued by the Texas Department of Motor
				  Vehicles (department) for electronic commerce in eligible department programs.
				  The provisions of 1 TAC Chapter 203, Subchapter B govern this section in the
				  event of a conflict between that subchapter and a provision of this
				  section.
(b) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Business entity--An entity recognized by
				  law through which business is conducted with the department, including a sole
				  proprietorship, partnership, limited liability company, corporation, joint
				  venture, educational institution, governmental agency, or non-profit
				  organization.
(2) Certificate
				  holder--An individual to whom a digital certificate is issued.
(3) Digital certificate--A certificate, as
				  defined by 1 TAC §
											203.1, issued by the department for
				  purposes of electronic commerce.
(4) Digital signature--Has the same meaning
				  assigned by 1 TAC §
											203.1.
(5) Division director--The chief
				  administrative officer of a division of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter G - RISK-BASED MONITORING AND PREVENTING FRAUDULENT ACTIVITY › Section 206.151 - Internal Risk-Based Monitoring System

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All Texas Department of Motor Vehicle (department) users of the Registration
				  and Title System (RTS) are subject to periodic examination by the department.
				  As a result of the examination, the department will assign each RTS user a
				  classification of priority or non-priority for the purposes of prioritizing
				  inspections to determine whether there is evidence of fraud by the user. In
				  classifying an RTS user, the department may consider factors including, but not
				  limited to:
(1) the RTS user's transaction
				  volume;
(2) the RTS user's past
				  violations of the department's rules and procedures within the last five
				  years;
(3) title error
				  investigations performed by the department on titles issued by the RTS
				  user;
(4) public complaints
				  received by the department against the RTS user; and
(5) discrepancies in data reflecting the RTS
				  user's transactions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 207 - PUBLIC INFORMATION › Subchapter A - ACCESS TO OFFICIAL RECORDS › Section 208.1 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship
					 caused to an employee and employee's immediate family if a catastrophic illness
					 or injury forces the employee to exhaust all sick leave earned by the employee
					 and to lose compensation from the state.
(1) The executive director or another
				  individual designated by the board of the Texas Department of Motor Vehicles
				  shall administer the pool.
(2) The
				  pool administrator shall develop and administer procedures for the
				  administration of this section.
(3) Operation of the pool shall be consistent
				  with Government Code, Chapter 661.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 208 - EMPLOYMENT PRACTICES › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 208.11 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Texas Department of Motor Vehicles
					 (department) to encourage the professional development of employees through
					 education and training under the State Employees Training Act, Government Code,
					 Chapter 656, Subchapter C. These programs are designed to increase the job
					 potential of employees, provide financial assistance for continuing education,
					 and introduce new technology and educational methods into the workplace. This
					 subchapter governs the eligibility and obligations of employees under training
					 and education programs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 208 - EMPLOYMENT PRACTICES › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 208.12 - General Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section establishes standards applicable to all program
				  participants.
(b) Eligibility and
				  reimbursement. An employee must meet the following requirements to be eligible
				  for an assistance program. The employee must:
(1) be a full-time, regular status employee
				  who has been continuously employed for one year at the time of
				  application;
(2) maintain
				  satisfactory job performance;
(3)
				  not have any disciplinary action for six months prior to applying or during the
				  program; and
(4) sign a commitment
				  to employment for six months to begin the month following
				  reimbursement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 208 - EMPLOYMENT PRACTICES › Subchapter C - FAMILY LEAVE POOL › Section 208.13 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A family leave pool is established to provide eligible
					 employees more flexibility in bonding and caring for children during a child's
					 first year following birth, adoption, or foster placement, or caring for a
					 seriously ill family member or the employee, including pandemic-related
					 illnesses or complications caused by a pandemic.
(1) The director of human resources is
				  designated as the pool administrator.
(2) The pool administrator, with the advice
				  and consent of the executive director, will establish operating procedures
				  consistent with the Government Code, Chapter 661, Subchapter A-1 (relating to
				  State Employee Family Leave Pool).
(3) The prescribed procedures relating to the
				  operation of the family leave pool will be published in the agency's Human
				  Resources Manual.
(4) Donations to
				  the pool are strictly voluntary.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter A - COLLECTION OF DEBTS › Section 209.1 - Collection of Debts

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Attorney general--The Office of the
				  Attorney General of Texas.
(2)
				  Debtor--Any person liable or potentially liable for an obligation owed to the
				  department or against whom a claim or demand for payment has been
				  made.
(3) Delinquent--Payment is
				  past due by law or by customary business practice, and all conditions precedent
				  to payment have occurred or been performed.
(4) Department--The Texas Department of Motor
				  Vehicles.
(5) Obligation--A debt,
				  judgment, claim, account, fee, fine, tax, penalty, interest, loan, charge, or
				  grant.
(6) Person--An individual,
				  corporation, organization, business trust, estate, trust, partnership,
				  association, and any other legal entity.
(7) Security--Any right to have property
				  owned by a person or an entity with an obligation to the department sold or
				  forfeited in satisfaction of the obligation, and any instrument granting a
				  cause of action in favor of the department against a person, another entity, or
				  a person's or entity's property, such as a bond, letter of credit, or other
				  collateral that has been pledged to the department to secure an
				  obligation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter A - COLLECTION OF DEBTS › Section 209.2 - Charges for Dishonored Checks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Business and Commerce Code, §
										3.506,
				  authorizes the holder of a dishonored check, seeking collection of the face
				  value of the check, to charge the drawer or endorser of the check a reasonable
				  processing fee, not to exceed $30. This section prescribes policies and
				  procedures for the processing of dishonored checks made payable to the
				  department and the collection of fees because of the dishonor of a check made
				  payable to the department.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of Motor
				  Vehicles.
(2) Dishonored check--A
				  check, draft, order, electronic payment, or other payment device that is drawn
				  or made upon a bank or other financial institution, and that is not honored
				  upon presentment because the account upon which the instrument has been drawn
				  or made does not exist or is closed, or does not have sufficient funds or
				  credit for payment of the instrument in full.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter B - PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES › Section 209.23 - Methods of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees for
				  department goods and services and any fees required in the administration of
				  any department program shall be paid to the department with a method of payment
				  accepted by the department at the point of sale, which may be:
(1) a valid debit or credit card, approved by
				  the department, and issued by a financial institution chartered by a state or
				  the United States, or a nationally recognized credit organization;
(2) electronic funds transfer;
(3) a personal check, business check,
				  cashier's check, or money order, payable to the Texas Department of Motor
				  Vehicles, except that a personal or business check is not an acceptable method
				  of payment of fees under Transportation Code, §
											502.094;
(4) cash in United States currency, paid in
				  person; or
(5) by an escrow
				  account, established with the department for the specific purpose of paying
				  fees.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter B - PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES › Section 209.24 - Charges for Public Information

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Government Code, §
										552.262,
					 the Texas Department of Motor Vehicles adopts the rules of the Office of the
					 Attorney General relating to the Cost of Copies of Public Information at 1 TAC,
					 §§
										70.1-70.12.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter C - DONATIONS AND CONTRIBUTIONS › Section 209.33 - Acceptance of Donations and Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director may accept donations and contributions valued under
				  $500.
(b) Board acceptance of
				  donations and contributions shall be made in an open meeting. The records of
				  the meeting shall identify the donor and describe the donation or contribution
				  and its purpose.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 209 - FINANCE › Subchapter C - DONATIONS AND CONTRIBUTIONS › Section 209.34 - Donation Agreement

Current through Reg. 49, No. 28; July 12, 2024
The department may document terms or conditions relating to
					 the donation or contribution through a donation agreement with the
					 donor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 210 - CONTRACT MANAGEMENT › Subchapter A - PURCHASE CONTRACTS › Section 210.1 - Claims for Purchase Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Government Code, Chapter 2260, provides a resolution process for certain
				  contract claims against the state. Chapter 2260 applies to purchase contracts
				  of the Texas Department of Motor Vehicles entered into under the State
				  Purchasing and General Services Act. This section governs the filing,
				  negotiation, and mediation of a claim.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Claim--A claim for breach of a purchase contract between a vendor and the
				  department.
(2) Department-- Texas
				  Department of Motor Vehicles.
(3)
				  Executive director--The executive director of the department or the director's
				  designee not below the level of division director.
(4) Purchase--A procurement action under
				  Government Code, Title 10, Subtitle D, for commodities or non-professional
				  services.
(5) Vendor--An
				  individual, partnership, corporation, or other business entity that is a party
				  to a written contract for a purchase with the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 210 - CONTRACT MANAGEMENT › Subchapter A - PURCHASE CONTRACTS › Section 210.2 - Protest of Department Purchases under the State Purchasing and General Services Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide a procedure for vendors to protest
				  purchases made by the department. Purchases made by the Texas Procurement and
				  Support Services division of the Comptroller of Public Accounts office on
				  behalf of the department are addressed in 34 TAC Chapter 20.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Act--Government Code, Chapters 2151 - 2177, the State Purchasing and General
				  Services Act.
(2) Board--Board of
				  the Texas Department of Motor Vehicles.
(3) Department-- Texas Department of Motor
				  Vehicles.
(4) Division--An
				  organizational unit in the department.
(5) Executive director--The executive
				  director of the department.
(6)
				  Interested party--A vendor that has submitted a bid, proposal, or other
				  expression of interest for the purchase involved.
(7) Purchase--A procurement action for
				  commodities or non-professional services under the Act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 210 - CONTRACT MANAGEMENT › Subchapter A - PURCHASE CONTRACTS › Section 210.3 - Enhanced Contract Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will apply risk assessment factors to agency contracts as
				  defined in Government Code, §
										2261.253
				  to identify those contracts that require enhanced contract or performance
				  monitoring. The risk assessment will consider the following factors:
(1) dollar amount of contract;
(2) total contract duration;
(3) vendor past performance;
(4) risk of fraud, abuse or waste;
(5) business process impact of failure or
				  delay; and
(6) board or executive
				  director's request for enhanced contract or performance monitoring.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 210 - CONTRACT MANAGEMENT › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 210.21 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes policies and procedures
					 consistent with Government Code, Chapter 2161.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 210 - CONTRACT MANAGEMENT › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 210.22 - Program

Current through Reg. 49, No. 28; July 12, 2024
The board of the Texas Department of Motor Vehicles adopts
					 the rules of the Comptroller of Public Accounts relating to the Historically
					 Underutilized Business (HUB) Program at 34 TAC, Part 1, Chapter 20, Subchapter
					 D, Division 1.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the following words and terms
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) "Department" means the
				  Texas Department of Motor Vehicles.
(2) "License" means any license,
				  registration, or authorization, issued by the department under:
(A) Transportation Code, Chapter
				  503;
(B) Occupations Code, Chapter
				  2301;
(C) Occupations Code, Chapter
				  2302; or
(D) any other license,
				  registration, or authorization, that the department may deny or revoke because
				  of a criminal offense of the applicant or license holder.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.2 - Application of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  applies to the following persons:
(1)
				  applicants and holders of any license; and
(2) persons who are acting at the time of
				  application, or will later act, in a representative capacity for an applicant
				  or holder of a license, including the applicant's or holder's officers,
				  directors, members, managers, trustees, partners, principals, or managers of
				  business affairs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.3 - Criminal Offense Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  licenses issued by the department create positions of trust. License holders
				  provide services to members of the public. License holder services involve
				  access to confidential information, conveyance, titling, and registration of
				  private property, possession of monies belonging to or owed to private
				  individuals, creditors, and governmental entities, and compliance with federal
				  and state environmental and safety regulations. License holders are provided
				  with opportunities to engage in fraud, theft, money laundering, and related
				  crimes and to engage in environmental and safety violations that endanger the
				  public. In addition, licensure provides persons predisposed to commit
				  assaultive or sexual crimes with greater opportunities to engage in such
				  conduct.
(b) Under Occupations Code
				  Chapter 53 the department may suspend or revoke an existing license or
				  disqualify an applicant from receiving a license because of a person's
				  conviction of a felony or misdemeanor if the crime directly relates to the
				  duties and responsibilities of the licensed occupation. The department shall
				  consider the factors listed in the Occupations Code §
										53.022 in
				  determining whether a criminal conviction directly relates to the duties and
				  responsibilities of a license holder.
(c) The department has determined under the
				  factors listed in Occupations Code §
										53.022 that offenses
				  detailed in subsection (d) of this section directly relate to the duties and
				  responsibilities of license holders, either because the offense entails a
				  violation of the public trust; issuance of a license would provide an
				  opportunity to engage in further criminal activity of the same type; or the
				  offense demonstrates the person's inability to act with honesty,
				  trustworthiness, and integrity. Such offenses include crimes under the laws of
				  another state, the United States, or a foreign jurisdiction, if the offense
				  contains elements that are substantially similar to the elements of an offense
				  under the laws of this state. The list of offenses in subsection (d) of this
				  section is in addition to those that are independently disqualifying under
				  Occupations Code §
										53.021, including:
(1) an offense listed in Article
				  42A.054,
				  Code of Criminal Procedure; or
(2)
				  a sexually violent offense, as defined by Article
				  62.001,
				  Code of Criminal Procedure.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.4 - Imprisonment

Current through Reg. 49, No. 28; July 12, 2024
(a) Section 211.3 of this Chapter does not
				  apply to persons who are imprisoned at the time the department considers the
				  conviction.
(b) The department
				  shall revoke a license upon the imprisonment of a license holder following a
				  felony conviction or revocation or felony community supervision, parole, or
				  mandatory supervision.
(c) The
				  department may revoke a license upon the imprisonment for a felony conviction,
				  felony community supervision revocation, revocation of parole, or revocation of
				  mandatory supervision of a person described by §211.2(a)(2) of this
				  chapter who remains employed with the license holder.
(d) A person currently imprisoned because of
				  a felony conviction may not obtain a license, renew a previously issued
				  license, or act in a representative capacity for an application or license
				  holder as described by §211.2(a)(2).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.5 - Criminal History Evaluation Letters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Occupations Code, Chapter 53, Subchapter D, a person may
				  request that the department evaluate the person's eligibility for a specific
				  occupational license regulated by the department by:
(1) submitting a request on a form approved
				  by the department for that purpose; and
(2) paying the required Criminal History
				  Evaluation Letter fee of $100.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 211 - CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE › Subchapter A - CRIMINAL OFFENSE AND ACTION ON LICENSE › Section 211.6 - Fingerprint Requirements for Designated License Types

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of this section apply to applicants for and holders of license
				  types designated in Chapter 215 or Chapter 221 of this title as requiring
				  fingerprints for licensure.
(b)
				  Unless previously submitted for an active license issued by the department, the
				  following persons may be required to submit a complete and acceptable set of
				  fingerprints to the Texas Department of Public Safety and pay required fees for
				  purposes of obtaining criminal history record information from the Texas
				  Department of Public Safety and the Federal Bureau of Investigation:
(1) a person applying for a new license,
				  license amendment due to change in ownership, or license renewal; and
(2) a person acting in a representative
				  capacity for an applicant or license holder who is required to be listed on a
				  licensing application, including an officer, director, member, manager,
				  trustee, partner, principal, or manager of business affairs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter A - GENERAL PROVISIONS › Section 215.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
Occupations Code, Chapter 2301 and Transportation Code,
					 Chapters 503 and 1001-1005 require the Texas Department of Motor Vehicles to
					 license and regulate the vehicle industry to ensure a sound system of
					 distributing and selling vehicles; provide for compliance with manufacturers'
					 warranties; and to prevent fraud, unfair practices, discrimination,
					 impositions, and other abuses of the people of this state in connection with
					 the distribution and sale of vehicles. This chapter describes licensing
					 requirements and the rules governing the vehicle industry.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter A - GENERAL PROVISIONS › Section 215.2 - Definitions; Conformity with Statutory Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The definitions contained in Occupations
				  Code, Chapter 2301 and Transportation Code, Chapters 503 and 1001 -1005 govern
				  this chapter. In the event of a conflict, the definition or procedure
				  referenced in Occupations Code, Chapter 2301 controls.
(b) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Board--The Board of
				  the Texas Department of Motor Vehicles, including department staff to whom the
				  board delegates a duty.
(2)
				  Day--The word "day" refers to a calendar day.
(3) Director--The director of the division
				  that regulates the distribution and sale of motor vehicles, including any
				  department staff to whom the director delegates a duty assigned under this
				  chapter.
(4) GDN--General
				  distinguishing number, a license issued under Transportation Code, Chapter
				  503.
(5) Governmental agency--A
				  state agency other than the department, all local governmental agencies, and
				  all agencies of the United States government, whether executive, legislative,
				  or judicial.
(6) Standard license
				  plate--A motor vehicle license plate issued by the department to a license
				  holder for use by the license holder that is not a personalized prestige
				  dealer's license plate issued under Transportation Code §
											503.0615.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.81 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements Occupations Code, Chapter 2301
					 and Transportation Code, Chapter 503, regarding licenses required under those
					 chapters.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.82 - Replacement Standard License Plates and Stickers

Current through Reg. 49, No. 28; July 12, 2024
A license holder may receive a replacement dealer's,
					 converter's, drive-a-way in-transit, or manufacturer's standard license plate
					 or assigned sticker, as applicable, at no charge if the license holder:
(1) did not receive the applicable standard
				  license plate or sticker;
(2) makes
				  the request within 45 days of the date the applicable standard license plate or
				  sticker was mailed to the license holder; and
(3) submits a request electronically in the
				  licensing system designated by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.83 - License Applications, Amendments, or Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for a new license, license
				  amendment, or license renewal filed with the department must be:
(1) filed electronically in the
				  department-designated licensing system on a form approved by the
				  department;
(2) completed by the
				  applicant, license holder, or authorized representative who is an employee, a
				  licensed attorney, or a certified public accountant;
(3) accompanied by the required fee, paid by
				  credit card or by electronic funds transfer, drawn from an account held by the
				  applicant or license holder, or drawn from a trust account of the applicant's
				  attorney or certified public accountant; and
(4) accompanied by proof of a surety bond, if
				  required.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.84 - Brokering, New Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  excluded from the definition of "Broker" in Occupations Code, §
										2301.002, a person
				  may not act, offer to act, or claim to be a broker.
(b) For purposes of this chapter, the phrase
				  "arranges or offers to arrange a transaction," as used in the definition of
				  broker in Occupations Code, §
										2301.002, includes
				  the practice of arranging or offering to arrange a transaction involving the
				  sale of a new motor vehicle for a fee, commission, or other valuable
				  consideration. Advertising is not acting as a broker, provided the person's
				  business primarily is broadcasting, printing, publishing, or advertising for
				  others in their own names.
(c) A
				  buyer referral service, program, plan, club, or any other entity that accepts a
				  fee for arranging a transaction involving the sale of a new motor vehicle is a
				  broker. The payment of a fee to such entity is aiding and abetting brokering.
				  However, a referral service, program, plan, club, or other entity that forwards
				  a referral to a franchised dealership may lawfully operate in a manner that
				  includes all of the following conditions:
(1)
				  There is no exclusive market area offered to a dealer by the program. All
				  dealers are allowed to participate in the program on equal terms.
(2) Participation by a dealer in the program
				  is not restricted by conditions, such as limiting the number of line-makes or
				  discrimination by size of dealership or location. The total number of
				  participants in the program may be restricted if the program is offered to all
				  dealers at the same time, with no regard to the line-make.
(3) All participants pay the same fee for
				  participation in the program. The program fee shall be a weekly, monthly, or
				  annual fee, regardless of the size, location, or line-makes sold by the
				  franchised dealer.
(4) A person is
				  not to be charged a fee on a per referral fee basis or any other basis that
				  could be considered a transaction-related fee.
(5) The program does not set or suggest to
				  the dealer any price of a motor vehicle or a trade-in.
(6) The program does not advertise or promote
				  its plan in a manner that implies that the buyer, as a customer of that
				  program, receives a special discounted price that cannot be obtained unless the
				  customer is referred through that program.
(7) A program must comply with Subchapter F
				  of this chapter (related to Advertising).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.85 - Brokering, Used Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Transportation Code, §503.021 prohibits a person from engaging in business
				  as a dealer, directly or indirectly, including by consignment without a GDN.
				  Except as provided by this section, "directly or indirectly" includes the
				  practice of arranging or offering to arrange a transaction involving the sale
				  of a used motor vehicle for a fee, commission, or other valuable consideration.
				  A person who is a bona fide employee of a dealer holding a GDN and acts for the
				  dealer is not a broker for the purposes of this section.
(b) A buyer referral service, program, plan,
				  club, or any other entity that accepts a fee for arranging a transaction
				  involving the sale of a used motor vehicle is required to meet the requirements
				  for and obtain a GDN, unless the referral service, program, plan, or club is
				  operated in the following manner:
(1) There is
				  no exclusive market area offered to a dealer by the program. All dealers are
				  allowed to participate in the program on equal terms.
(2) Participation by a dealer in the program
				  is not restricted by conditions, such as limiting the number of line-makes or
				  discrimination by size of dealer or location. The total number of participants
				  in the program may be restricted if the program is offered to all dealers at
				  the same time, with no regard to the line-make.
(3) All participants pay the same fee for
				  participation in the program. The program fee shall be a weekly, monthly, or
				  annual fee, regardless of the size, location, or line-makes sold by the
				  dealer.
(4) A person is not to be
				  charged a fee on a per referral fee basis or any other basis that could be
				  considered a transaction-related fee.
(5) The program does not set or suggest to
				  the dealer any price of a motor vehicle or a trade-in.
(6) The program does not advertise or promote
				  its plan in a manner that implies that the buyer, as a customer of that
				  program, receives a special discounted price that cannot be obtained unless the
				  customer is referred through that program.
(7) A program complies with Subchapter F of
				  this chapter (relating to Advertising).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.87 - License and Standard License Plate Terms and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by other law, the term
				  of a license or standard license plate issued by the department to a dealer,
				  converter, drive-a-way operator, distributor, or manufacturer under Occupations
				  Code, Chapter 2301 or Transportation Code, Chapter 503 is two years.
(b) A standard license plate issued by the
				  department expires on the date the associated license expires or is canceled,
				  closed, or revoked.
(c) The fee for
				  a license or standard license plate is computed by multiplying the applicable
				  annual fee by the number of years of the license term. The entire fee including
				  any tax owed under Tax Code §
										152.027 is due at the time
				  of application for the license or license renewal.
(d) A dealer may apply for a personalized
				  prestige plate issued under Transportation Code §503.0615 by completing a
				  department form, providing a copy of a department-issued license, and
				  submitting payment to a county tax assessor-collector. A personalized prestige
				  plate may be renewed in an electronic system designated by the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter B - ADJUDICATIVE PRACTICE AND PROCEDURE › Section 215.89 - Fitness

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining a person's fitness for a
				  license issued or to be issued by the department under Transportation Code,
				  Chapter 503 or Occupations Code, Chapter 2301, the board will consider:
(1) the requirements of Occupations Code,
				  Chapter 53;
(2) the provisions of
				  Occupations Code, §
											2301.651 and
				  Transportation Code §
											503.034;
(3) any specific statutory licensing criteria
				  or requirements;
(4) mitigating
				  factors; and
(5) other evidence of
				  a person's fitness, as allowed by law, including the standards identified in
				  subsection (b) of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.101 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements Occupations Code, Chapter 2301
					 and Transportation Code, Chapters 503 and 1001 - 1005, and applies to
					 franchised dealers, manufacturers, distributors, and
					 converters.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.103 - Service-only Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) A service-only
				  facility is a location occupied and operated by a franchised dealer that is a
				  completely separate, noncontiguous site, from the franchised dealer's new motor
				  vehicle sales and service or sales only location, where the franchised dealer
				  performs warranty repair services and not new motor vehicle sales.
(b) A franchised dealer must obtain a license
				  to operate a service-only facility. A dealer may not obtain a service-only
				  facility license to service a line-make of new motor vehicles, unless that
				  dealer is franchised and licensed to sell that line-make.
(c) A service-only facility is a dealership
				  subject to protest under Occupations Code, Chapter 2301.
(d) Upon the manufacturer's or distributor's
				  prior written approval, which cannot be unreasonably withheld, a franchised
				  dealer of the manufacturer or distributor may contract with another person as a
				  subcontractor to perform warranty repair services that the dealer is authorized
				  to perform under a franchise agreement with a manufacturer or distributor.
				  Payment shall be made by the franchised dealer to the subcontractor and not by
				  the manufacturer or distributor to the subcontractor.
(e) A person with whom a franchised dealer
				  contracts to perform warranty repair services is not eligible to obtain a
				  service-only facility license and may not advertise the performance of warranty
				  repair services in any manner to the public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 215 - MOTOR VEHICLE DISTRIBUTION › Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS › Section 215.104 - Changes to Franchised Dealer's License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In accordance with Occupations Code, §
										2301.356, a
				  franchised dealer must file an application to amend the franchised dealer's
				  license to request an additional line-make at the dealer's currently licensed
				  showroom. The amendment application must be filed electronically in the
				  licensing system designated by the department.
(1) In accordance with §
											215.110 of this title (relating to
				  Evidence of Franchise), the franchised dealer must attach to the amendment
				  application a legible and accurate electronic image of:
(A) the executed franchise
				  agreement;
(B) the required excerpt
				  from the executed franchise agreement; or
(C) an evidence of franchise form completed
				  by the manufacturer, distributor, or representative.