This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

  81R1848 JD/ACP/JTS/MTB/SLB-D
 
  By: Isett H.B. No. 300
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Department
  of Transportation, including the transfer of certain functions to
  the Texas Department of Motor Vehicles; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. ABOLITION OF TEXAS TRANSPORTATION COMMISSION
         SECTION 1.01.  Section 201.003, Transportation Code, is
  amended to read as follows:
         Sec. 201.003.  TITLE AND ORGANIZATIONAL CHANGES.  (a)  A
  reference in law to the State Highway Department, Texas Highway
  Department, or State Department of Highways and Public
  Transportation means the Texas Department of Transportation.
         (b)  A reference in law to the State Highway Commission, [or]
  State Highway and Public Transportation Commission, or Texas
  Transportation Commission means the commissioner of transportation
  [Texas Transportation Commission].
         (c)  A reference in law to the State Highway Engineer, the
  [or] State Engineer-Director for Highways and Public
  Transportation, or [means] the director of the Texas Department of
  Transportation means the commissioner of transportation.
         (d)  [A reference in law to the commissioner of
  transportation means the chair of the commission.
         [(e)]  A [reference in] law that authorizes the Texas
  Transportation Commission to authorize the director of the Texas
  Department of Transportation to take an action shall be construed
  to authorize the commissioner of transportation to take that action
  [to a member of the commission means a commissioner].
         SECTION 1.02.  Subchapter B, Chapter 201, Transportation
  Code, is amended to read as follows:
  SUBCHAPTER B.  COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
         Sec. 201.051.  COMMISSIONER [COMMISSION].  (a)  The
  commissioner is appointed by the governor with the advice and
  consent of the senate for a term of two years that expires February
  1 of each odd-numbered year. [Texas Transportation Commission
  consists of five members appointed by the governor with the advice
  and consent of the senate.]
         (b)  To be eligible for appointment as commissioner, or
  appointment to fill a vacancy in the office of commissioner, a
  person:
               (1)  must:
                     (A)  be experienced and skilled in transportation
  planning, development, financing, construction, and maintenance;
  or
                     (B)  have appropriate finance or management
  experience; and
               (2)  may not have served as a member of the legislature
  of this state during the preceding 10 years. [The members shall be
  appointed to reflect the diverse geographic regions and population
  groups of this state. One member must reside in a rural area.]
         (c)  A [Each member of the commission must represent the
  general public.
         [(d)  Except as provided by Subsection (e), a] person is not
  eligible for appointment as commissioner [a member of the
  commission] if the person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization that is regulated by or
  receives funds from the department;
               (2)  directly or indirectly owns or controls more than
  10 percent interest in a business entity or other organization that
  is regulated by or receives funds from the department;
               (3)  uses or receives a substantial amount of tangible
  goods, services, or funds from the department, other than
  compensation or reimbursement authorized by law for [commission
  membership, attendance, or] expenses; or
               (4)  is registered, certified, or licensed by the
  department.
         (d) [(f)]  An officer, employee, or paid consultant of a
  Texas trade association in the field of road construction or
  maintenance, aviation, or outdoor advertising or a Texas trade
  association of automobile dealers is not eligible for appointment
  as commissioner [may not be a member of the commission].
         (e) [(g)]  The spouse of an officer, manager, or paid
  consultant of a Texas trade association in the field of road
  construction or maintenance, aviation, or outdoor advertising or a
  Texas association of automobile dealers is not eligible for
  appointment as commissioner [may not be a member of the
  commission].
         (f) [(h)]  A person required to register as a lobbyist under
  Chapter 305, Government Code, because of the person's activities
  for compensation on behalf of a profession related to the operation
  of the department is not eligible for appointment as commissioner
  [may not serve as a member of the commission].
         (g)  The appointment of the commissioner [(i)     Appointments
  to the commission] shall be made without regard to race, color,
  disability, sex, religion, age, or national origin of the appointee 
  [appointees and shall reflect the diversity of the population of
  the state as a whole].
         (h) [(j)]  In this section, "Texas trade association" means a
  [nonprofit,] cooperative[,] and voluntarily joined statewide 
  association of business or professional competitors in this state
  designed to assist its members and its industry or profession in
  dealing with mutual business or professional problems and in
  promoting their common interest.
         (i)  The commissioner is a successor to the Texas
  Transportation Commission for all purposes, including for the
  purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
  Texas Constitution.
         Sec. 201.052.  CERTAIN DUTIES. [TERMS. Members of the
  commission serve staggered six-year terms, with the terms of either
  one or two members expiring February 1 of each odd-numbered year.
         [Sec.   201.053.     CHAIR OF THE COMMISSION.   (a)   The governor
  periodically shall designate one commissioner as the chair of the
  commission, who shall serve as presiding officer of the commission.
         [(b)]  The commissioner [chair] shall:
               (1)  [preside over commission meetings, make rulings on
  motions and points of order, and determine the order of business;
               [(2)]  represent the department in dealing with the
  governor;
               (2) [(3)]  report to the governor on the state of
  affairs of the department at least quarterly;
               (3) [(4)     report to the commission the governor's
  suggestions for department operations;
               [(5)]  report to the governor on efforts, including
  legislative requirements, to maximize the efficiency of department
  operations through the use of private enterprise;
               (4) [(6)]  periodically review the department's
  organizational structure and submit recommendations for structural
  changes to the governor[, the commission,] and the Legislative
  Budget Board;
               (5) [(7)]  designate one or more employees of the
  department as a civil rights division of the department and receive
  regular reports from the division on the department's efforts to
  comply with civil rights legislation and administrative rules;
               (6) [(8)     create subcommittees, appoint commissioners
  to subcommittees, and receive the reports of subcommittees to the
  commission as a whole;
               [(9)]  appoint a deputy commissioner to act in the
  commissioner's [chair's] absence; and
               (7) [(10)]  serve as the departmental liaison with the
  governor and the Office of State-Federal Relations to maximize
  federal funding for transportation.
         [Sec.   201.054.     COMMISSION MEETINGS.   The commission shall
  hold regular meetings at least once a month and special meetings at
  the call of the chair.   Commissioners shall attend the meetings of
  the commission. The chair shall oversee the preparation of an
  agenda for each meeting and ensure that a copy is provided to each
  commissioner at least seven days before the meeting.
         [Sec.   201.0545.     RECOMMENDATIONS TO LEGISLATURE.   (a)   The
  commission shall consider ways in which the department's operations
  may be improved and may periodically report to the legislature
  concerning potential statutory changes that would improve the
  operation of the department.
         [(b)       On behalf of the commission, the chair shall report to
  the governor, the lieutenant governor, the speaker of the house of
  representatives, and the presiding officers of relevant
  legislative committees on legislative recommendations adopted by
  the commission and relating to the operation of the department.]
         Sec. 201.053 [201.056].  COMPENSATION. The commissioner  [A
  member of the commission] is entitled to compensation as provided
  by the General Appropriations Act. [If compensation for members is
  not provided by that Act, each member is entitled to reimbursement
  for actual and necessary expenses incurred in performing functions
  as a member of the commission.]
         Sec. 201.054 [201.057].  GROUNDS FOR REMOVAL.  (a)  It is a
  ground for removal [from the commission] if the [a] commissioner:
               (1)  does not have at the time of taking office 
  [appointment] or maintain during service as commissioner [on the
  commission] the qualifications required by Section 201.051;
               (2)  violates a prohibition provided by Section 201.051
  or 201.401; or
               (3)  cannot discharge the commissioner's duties for a
  substantial part of the term for which the commissioner is
  appointed because of illness or disability[; or
               [(4)     is absent from more than half of the regularly
  scheduled commission meetings that the commissioner is eligible to
  attend during a calendar year, unless the absence is excused by
  majority vote of the commission].
         (b)  The validity of an action of the commissioner or
  department [commission] is not affected by the fact that it is taken
  when a ground for removal of the [a] commissioner exists.
         [(c)     If the director knows that a potential ground for
  removal exists, the director shall notify the chair of the
  commission of the ground, and the chair shall notify the governor
  and the attorney general that a potential ground for removal
  exists. If the potential ground for removal relates to the chair,
  the director shall notify another commissioner, who shall notify
  the governor and the attorney general that a potential ground for
  removal exists.]
         Sec. 201.055 [201.058].  INFORMATION ON QUALIFICATIONS AND
  CONDUCT.  The department shall provide to the commissioner [members
  of the commission], as often as necessary, information concerning
  the commissioner's [members'] qualifications for office and the
  commissioner's [under Subchapter B and their] responsibilities
  under applicable laws relating to standards of conduct for state
  officers.
         Sec. 201.056 [201.059].  TRAINING ON DEPARTMENT AND CERTAIN
  LAWS RELATING TO DEPARTMENT.  (a) To be eligible to take office as
  commissioner [a member of the commission], a person appointed as
  commissioner [to the commission] must complete at least one course
  of a training program that complies with this section.
         (b)  The training program must provide information to the
  person regarding:
               (1)  this subchapter;
               (2)  the programs operated by the department;
               (3)  the role and functions of the department;
               (4)  the rules of the department, with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               (5)  the current budget for the department;
               (6)  the results of the most recent formal audit of the
  department;
               (7)  the requirements of the:
                     (A)  open meetings law, Chapter 551, Government
  Code;
                     (B)  open records law, Chapter 552, Government
  Code; and
                     (C)  administrative procedure law, Chapter 2001,
  Government Code;
               (8)  the requirements of the conflict of interest laws
  and other laws relating to public officials; and
               (9)  any applicable ethics policies adopted by the
  department [commission] or the Texas Ethics Commission.
         [(c)     A person appointed to the commission is entitled to
  reimbursement for travel expenses incurred in attending the
  training program, as provided by the General Appropriations Act and
  as if the person were a member of the commission.]
         SECTION 1.03.  The heading to Subchapter C, Chapter 201,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C. COMMISSIONER'S [COMMISSION'S] POWERS AND DUTIES
         SECTION 1.04.  Sections 201.101, 201.102, and 201.103,
  Transportation Code, are amended to read as follows:
         Sec. 201.101.  RULES; RECORDS.  The commissioner
  [commission] shall:
               (1)  adopt rules for the operation of the department;
               (2)  maintain a record of all proceedings and official
  orders; and
               (3)  keep on file copies of all road plans,
  specifications, and estimates prepared by the department or under
  its direction.
         Sec. 201.102.  SEPARATION OF RESPONSIBILITIES.  The
  commissioner [commission] shall develop and implement policies
  that clearly define [separate] the respective [policy-making]
  responsibilities of the commissioner [commission] and the
  [management responsibilities of the director and] staff of the
  department.
         Sec. 201.103.  COMPREHENSIVE SYSTEM OF HIGHWAYS AND ROADS.  
  (a)  The commissioner [commission] shall plan and make policies for
  the location, construction, and maintenance of a comprehensive
  system of state highways and public roads.
         (b)  The commissioner [commission] shall designate as part
  of the state highway system a highway that the commissioner [it]
  determines is necessary for the proper development and operation of
  the system. The commissioner [commission] may remove a segment of
  the state highway system that the commissioner [it] determines is
  not needed for the system. In planning and making policies, the
  commissioner [commission] shall consider, for incorporation into
  the state highway system, turnpikes that other governmental or
  private entities are authorized to construct.
         (c)  The commissioner [commission] biennially shall submit a
  report of the commissioner's [its] work to the governor and the
  legislature.  The report must include the recommendations of the
  commissioner [commission and of the director].
         (d)  The commissioner [director, under the direction and
  with the approval of the commission,] shall prepare a comprehensive
  plan providing a system of state highways.
         SECTION 1.05.  Sections 201.104(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The commissioner [commission] may designate any county
  road as a farm-to-market road for the purposes of construction,
  reconstruction, and maintenance only, if the commissioners court of
  the county in which the county road is located by order entered in
  its minutes waives any rights the county may have for state
  participation in any indebtedness incurred by the county in the
  construction of the road.
         (b)  The commissioner [commission] and the county
  commissioners court by contract may set forth the duties of the
  state in the construction, reconstruction, and maintenance of the
  county road in consideration for the county's, road district's, or
  defined road district's relinquishing all claims for state
  participation in any outstanding county or road district bond,
  warrant, or other evidence of indebtedness that is for the
  construction or improvement of the road and that was created before
  the road was designated by the commissioner [commission].
         SECTION 1.06.  Sections 201.105(a), (b), (d), (e), and (g),
  Transportation Code, are amended to read as follows:
         (a)  The commissioner [commission] shall divide the state
  into not more than 25 districts for the purpose of the performance
  of the department's duties.
         (b)  In determining a district's boundaries, the
  commissioner [commission] shall consider all costs and benefits,
  including highway activity in and the number of employees required
  for the proposed district.
         (d)  The commissioner [commission] shall determine the
  number of department offices necessary for maintenance and
  construction personnel in a district.
         (e)  The commissioner [commission] periodically shall review
  the necessity for the number of maintenance, construction, and
  support operations in each district.  The commissioner [commission]
  shall include the findings of the commissioner's [its] review as a
  part of the department's budget request submitted to the
  Legislative Budget Board.
         (g)  The commissioner [commission] may require by rule that
  any product or material that is approved for use in any one district
  may be approved for use by any other district.
         SECTION 1.07.  Sections 201.1055(c) and (d), Transportation
  Code, are amended to read as follows:
         (c)  Notwithstanding Section 202.024, the commissioner
  [commission] may [authorize the executive director to] execute a
  deed exchanging department-owned real property under Subsection
  (a)(2).
         (d)  The commissioner [commission] shall notify the Bond
  Review Board and Texas Public Finance Authority of the proposed
  transaction not less than 45 days before the date the commissioner
  [commission] signs an agreement under this section providing for
  the exchange of department-owned real property under Subsection
  (a)(2).
         SECTION 1.08.  Sections 201.107, 201.108, 201.109, 201.110,
  and 201.111, Transportation Code, are amended to read as follows:
         Sec. 201.107.  FINANCIAL REPORTS OF THE DEPARTMENT.  (a)  The
  commissioner [commission] shall prepare a quarterly statement
  containing an itemized list of all money received by the department
  and the source of the money and of all money paid by the department
  and the purpose of the payment. The statement shall be filed in the
  records of the department, and a copy shall be sent to the governor.
         (b)  The commissioner [commission] shall file annually with
  the governor and the presiding officer of each house of the
  legislature a complete and detailed written report accounting for
  all funds received and disbursed by the department during the
  preceding fiscal year. The report must comply with each reporting
  requirement applicable to financial reporting provided by the
  General Appropriations Act.
         Sec. 201.108.  INTERNAL AUDITOR.  (a)  The commissioner
  [commission] shall appoint an internal auditor for the department.
         (b)  The auditor shall report directly to the commissioner
  [commission] on the conduct of department affairs.
         Sec. 201.109.  REVENUE ENHANCEMENT.  (a)  The commissioner
  [commission] shall:
               (1)  enhance existing sources of revenue; and
               (2)  create alternate sources of revenue.
         (b)  In carrying out this section, the commissioner
  [commission] shall provide for:
               (1)  maximizing the generation of revenue from existing
  assets of the department, including real estate;
               (2)  increasing the role of the private sector and
  public-private projects in the leasing of real estate and other
  assets in the development of highway projects;
               (3)  setting and attempting to meet annual revenue
  enhancement goals;
               (4)  reporting on the progress in meeting revenue
  enhancement goals in the department's annual report;
               (5)  contracting for an independent audit of the
  department's management and business operations in 2007 and each
  12th year after 2007;
               (6)  developing a cost-benefit analysis between the use
  of local materials previously incorporated into roadways versus use
  of materials blended or transported from other sources; and
               (7)  increasing private investment in the
  transportation infrastructure, including the acquisition of
  causeways, bridges, tunnels, turnpikes, or other transportation
  facilities, in the border region, including the counties of
  Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett,
  Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo,
  Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble,
  Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina,
  Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton,
  Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
         Sec. 201.110.  CONTRACT WITH ADJOINING STATE FOR IMPROVEMENT
  OF ROAD CROSSING STATES' BOUNDARY.  (a)  The commissioner
  [commission], by the authority of the governor, may contract with
  an adjoining state to:
               (1)  provide for the improvement of a public road or
  highway that crosses the states' boundary; and
               (2)  establish respective responsibilities for the
  improvement.
         (b)  In a contract for an improvement of the state highway
  system that is subject to a contract under Subsection (a), the
  commissioner [commission] may provide for the improvement of a
  segment of a public road or highway located in the adjoining state
  if:
               (1)  the improvement of that segment is necessary for
  the health, safety, and welfare of the people of this state and for
  the effective improvement and operation of the state highway
  system;
               (2)  that segment is an extension or continuation of a
  segment of the state highway system;
               (3)  the contract under Subsection (a) is authorized
  and executed under the law of the adjoining state; and
               (4)  all costs associated with the improvement of that
  segment are the responsibility of the adjoining state.
         (c)  In this section, "improvement" includes construction,
  reconstruction, and maintenance.
         Sec. 201.111.  RECOMMENDATION OF ENGINEER; DETERMINATION OF
  FITNESS.  (a)  On formal application by a county, road district of a
  county, or municipality, the commissioner [commission] may
  recommend for appointment a competent civil engineer who is a
  graduate of a first-class school of civil engineering and who is
  skilled in highway construction and maintenance.
         (b)  The commissioner [commission] shall adopt rules
  necessary to determine the qualifications of engineers who apply
  for highway construction work.
         SECTION 1.09.  Section 201.112(a), Transportation Code, is
  amended to read as follows:
         (a)  The commissioner [commission] may by rule establish
  procedures for the informal resolution of a claim arising out of a
  contract described by:
               (1)  Section 22.018;
               (2)  Chapter 223;
               (3)  Chapter 361;
               (4)  Section 391.091; or
               (5)  Chapter 2254, Government Code.
         SECTION 1.10.  Section 201.113(a), Transportation Code, is
  amended to read as follows:
         (a)  Notwithstanding Sections 221.003 and 224.031, the
  commissioner [commission] and a regional tollway authority
  governed by Chapter 366 may enter into an agreement for the
  improvement by a regional tollway authority of portions of the
  state highway system.
         SECTION 1.11.  Sections 201.114(b), (c), and (d),
  Transportation Code, are amended to read as follows:
         (b)  The coordinator shall serve on the Border Trade Advisory
  Committee as presiding officer.  The commissioner [commission]
  shall appoint the other members of the committee, which to the
  extent practicable must include:
               (1)  the presiding officers, or persons designated by
  the presiding officers, of the policy boards of metropolitan
  planning organizations wholly or partly in the department's Pharr,
  Laredo, Odessa, or El Paso transportation district;
               (2)  the person serving, or a person designated by the
  person serving, in the capacity of executive director of each
  entity governing a port of entry in this state; and
               (3)  a representative each from at least two institutes
  or centers operated by a university in this state that conduct
  continuing research on transportation or trade issues.
         (c)  The commissioner [commission] shall establish the
  Border Trade Advisory Committee to define and develop a strategy
  and make recommendations to the commissioner [commission] and
  governor for addressing the highest priority border trade
  transportation challenges.  In determining action to be taken on
  the recommendations, the commissioner [commission] shall consider
  the importance of trade with the United Mexican States, potential
  sources of infrastructure funding at border ports, and the value of
  trade activity in the department's districts adjacent to the border
  with the United Mexican States.
         (d)  The commissioner [commission] may adopt rules governing
  the Border Trade Advisory Committee.
         SECTION 1.12.  Sections 201.115(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The commissioner [commission] may authorize the
  department to borrow money from any source to carry out the
  functions of the department.
         (b)  A loan under this section may be in the form of an
  agreement, note, contract, or other form as determined by the
  commissioner [commission] and may contain any provisions the
  commissioner [commission] considers appropriate, except:
               (1)  the term of the loan may not exceed two years;
               (2)  the amount of the loan, combined with any amounts
  outstanding on other loans under this section, may not exceed an
  amount that is two times the average monthly revenue deposited to
  the state highway fund for the 12 months preceding the month of the
  loan; and
               (3)  the loan may not create general obligation of the
  state and is payable only as authorized by legislative
  appropriation.
         SECTION 1.13.  Sections 201.116(b) and (d), Transportation
  Code, are amended to read as follows:
         (b)  To assist the secretary of state in preparing the report
  required under Section 405.021, Government Code, the commissioner
  [commission] on a quarterly basis shall provide a report to the
  secretary of state detailing any projects funded by the department
  that serve colonias by providing paved roads or other assistance.
         (d)  The commissioner [commission] shall require an
  applicant for funds administered by the commissioner [commission]
  to submit to the commissioner [commission] a colonia classification
  number, if one exists, for each colonia that may be served by the
  project proposed in the application.  If a colonia does not have a
  classification number, the commissioner [commission] may contact
  the secretary of state or the secretary of state's representative
  to obtain the classification number.  On request of the
  commissioner [commission], the secretary of state or the secretary
  of state's representative shall assign a classification number to
  the colonia.
         SECTION 1.14.  Sections 201.201 and 201.202, Transportation
  Code, are amended to read as follows:
         Sec. 201.201.  GOVERNANCE OF DEPARTMENT.  The commissioner
  [commission] governs the Texas Department of Transportation.
         Sec. 201.202.  DIVISIONS; DIVISION PERSONNEL.  (a)  The
  commissioner [commission] shall organize the department into
  divisions to accomplish the department's functions and the duties
  assigned to it, including divisions for:
               (1)  aviation;
               (2)  highways and roads;
               (3)  public transportation; and
               (4)  rail transportation [motor vehicle titles and
  registration].
         (b)  The person designated by the commissioner [director] to
  supervise the division responsible for highways and roads must be a
  registered professional engineer experienced and skilled in
  highway construction and maintenance.
         (c)  A [In appointing a] person designated by the
  commissioner as the department's chief financial officer must
  report directly to the commissioner [to supervise a function
  previously performed by the former State Department of Highways and
  Public Transportation, Texas Department of Aviation, or Texas
  Turnpike Authority, preference shall be given to a person employed
  in a similar position in that former agency].
         SECTION 1.15.  Section 201.204, Transportation Code, is
  amended to read as follows:
         Sec. 201.204.  SUNSET PROVISION.  The Texas Department of
  Transportation is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the department is abolished September 1, 2013 [2009].
         SECTION 1.16.  Subchapter D, Chapter 201, Transportation
  Code, is amended by adding Sections 201.210, 201.211, 201.212, and
  201.213 to read as follows:
         Sec. 201.210.  COMPLIANCE CERTIFICATION.  (a)  Not later
  than September 1 of each year, the commissioner and the
  department's chief financial officer shall each certify in writing
  that the commissioner or the officer, as applicable:
               (1)  is responsible for establishing and maintaining
  the department's internal controls;
               (2)  has evaluated the effectiveness of the
  department's internal controls;
               (3)  has presented conclusions about the effectiveness
  of the department's internal controls and applicable reporting
  requirements; and
               (4)  has effectively complied with all applicable
  legislative mandates.
         (b)  The commissioner and the department's chief financial
  officer shall submit the certifications required by Subsection (a)
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, the chair of the standing committee of each
  house of the legislature with primary jurisdiction over
  transportation matters, and the Transportation Legislative
  Oversight Committee created under Chapter 205.
         (c)  The Transportation Legislative Oversight Committee
  shall recommend to the 82nd Legislature appropriate penalties for
  failure to submit the certifications required by Subsection (a).
         Sec. 201.211.  LEGISLATIVE LOBBYING.  (a)  In addition to
  Section 556.006, Government Code, the commissioner or a department
  employee may not use money under the department's control or engage
  in an activity to influence the passage or defeat of legislation.
         (b)  Violation of Subsection (a) is grounds for dismissal of
  an employee.
         (c)  This section does not prohibit the commissioner or
  department employee from using state resources to:
               (1)  provide public information or information
  responsive to a request; or
               (2)  communicate with officers and employees of the
  federal government in pursuit of federal appropriations.
         Sec. 201.212.  ETHICS AFFIRMATION AND HOTLINE.  (a)  A
  department employee shall annually affirm the employee's adherence
  to the ethics policy adopted under Section 572.051(c), Government
  Code.
         (b)  The department shall establish and operate a telephone
  line to be known as the Ethics Hotline that enables a person to call
  the hotline number, anonymously or not anonymously, to report an
  alleged violation of the ethics policy adopted under Section
  572.051(c), Government Code.
         Sec. 201.213.  LEGISLATIVE APPROPRIATIONS REQUEST.  
  Department staff shall deliver the department's legislative
  appropriations request to the commissioner in an open meeting not
  later than the 30th day before the commissioner adopts the
  legislative appropriations request for submission to the
  Legislative Budget Board.
         SECTION 1.17.  Subchapter E, Chapter 201, Transportation
  Code, is amended to read as follows:
  SUBCHAPTER E.  STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
         Sec. 201.301.  [EXECUTIVE DIRECTOR.   (a)   The commission
  shall elect an executive director for the department. The director
  must be a registered professional engineer in this state and
  experienced and skilled in transportation planning, development,
  construction, and maintenance.
         [(b)  The director serves at the will of the commission.
         [(d)  The director shall:
               [(1)     serve the commission in an advisory capacity,
  without vote; and
               [(2)     submit to the commission, quarterly, annually,
  and biennially, detailed reports of the progress of public road
  construction, detailed reports of public and mass transportation
  development, and detailed statements of expenditures.
         [(e)     The director is entitled to actual expenses for and
  related to travel away from Austin in performance of the director's
  duties under the direction of the commission.
         [Sec. 201.302.]  STATE ROAD MAP.  The commissioner
  [director] shall make, regularly revise, and keep in a form
  convenient for examination in the office of the department a
  complete road map of the state that shows road construction in the
  counties.
         Sec. 201.302 [201.303].  USE OF UNIVERSITY LABORATORIES FOR
  ANALYZING MATERIALS.  The commissioner [director] may use
  laboratories maintained at Texas A&M University and The University
  of Texas to test and analyze road and bridge material. Persons in
  charge of the laboratories shall cooperate with and assist the
  commissioner [director] with those tests and analyses.
         SECTION 1.18.  Section 201.404(b), Transportation Code, is
  amended to read as follows:
         (b)  The commissioner [director] or the commissioner's
  [director's] designee shall develop a system of annual performance
  evaluations that are based on documented employee performance. All
  merit pay for department employees must be based on the system
  established under this subsection. If an annual performance
  evaluation indicates that an employee's performance is
  unsatisfactory, the commissioner shall consider whether the
  employee should be terminated. The annual performance evaluations
  developed under this subsection must include the evaluation of an
  employee's:
               (1)  professionalism;
               (2)  diligence; and
               (3)  responsiveness to directives and requests from the
  commissioner and the legislature.
         SECTION 1.19.  (a)  Subtitle A, Title 6, Transportation
  Code, is amended by adding Chapter 205 to read as follows:
  CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 205.001.  DEFINITION. In this chapter, "committee"
  means the Transportation Legislative Oversight Committee.
         Sec. 205.002.  ESTABLISHMENT; COMPOSITION.  (a)  The
  Transportation Legislative Oversight Committee is established to
  provide objective research, analysis, and recommendations on the
  operation and needs of the state transportation system.
         (b)  The committee is composed of six members as follows:
               (1)  the chair of the Senate Committee on
  Transportation and Homeland Security;
               (2)  the chair of the House Committee on
  Transportation;
               (3)  two members of the senate appointed by the
  lieutenant governor; and
               (4)  two members of the house of representatives
  appointed by the speaker of the house of representatives.
         (c)  An appointed member of the committee serves at the
  pleasure of the appointing official.
         Sec. 205.003.  PRESIDING OFFICER; TERM. (a)  The lieutenant
  governor and the speaker of the house of representatives shall
  appoint the presiding officer of the committee on an alternating
  basis.
         (b)  The presiding officer of the committee serves a two-year
  term that expires February 1 of each odd-numbered year.
         Sec. 205.004.  POWERS AND DUTIES.  (a)  The committee shall:
               (1)  monitor the department's planning, programming,
  and funding of the state transportation system;
               (2)  conduct an in-depth analysis of the state
  transportation system that includes:
                     (A)  an assessment of the cost-effectiveness of
  the use of state, local, and private funds in the transportation
  system;
                     (B)  an identification of critical problems in the
  transportation system, such as funding constraints; and
                     (C)  a determination of the long-range needs of
  the transportation system;
               (3)  recommend to the legislature:
                     (A)  strategies to solve the problems identified
  under Subdivision (2)(B); and
                     (B)  policy priorities to address the long-range
  needs determined under Subdivision (2)(C); and
               (4)  advise and assist the legislature in developing
  plans, programs, and proposed legislation to improve the
  effectiveness of the state transportation system.
         (b)  The committee has all other powers and duties provided
  to a special committee by:
               (1)  Subchapter B, Chapter 301, Government Code;
               (2)  the rules of the senate and the house of
  representatives; and
               (3)  policies of the senate and house committees on
  administration.
         Sec. 205.005.  REVIEW OF RESEARCH PROGRAM.  (a)  The
  department shall present the department's entire research program
  to the committee for review and comment before adopting or
  implementing the program.
         (b)  The committee shall review and comment on the
  department's research program, including each of the individual
  research projects and activities.  The review of a proposed
  research project must take into consideration the purpose of the
  project, the proposed start and ending dates for the project, and
  the cost of the project.
         (c)  The department shall provide to the committee quarterly
  updates and an annual summary on the progress of the department's
  research projects and activities.
         (d)  The committee may request the results of any of the
  department's research projects, including draft reports from the
  department or the contracted entities performing the research.
         (e)  A university transportation research program in this
  state may:
               (1)  perform transportation research projects
  requested by the committee; and
               (2)  initiate and propose transportation research
  projects to the committee.
         (f)  The committee may request assistance from a university
  transportation research program in this state in conducting
  transportation research and in reviewing, evaluating, and
  comparing elements of the state transportation system to the
  transportation systems in other states to set needed benchmarks.
         Sec. 205.006.  CONTRACT WITH CONSULTING FIRM.  (a)  The
  committee may contract with an outside management consulting firm
  that is independent of the department to make recommendations
  regarding an effective and efficient organizational structure for
  the department, such as recommending appropriate performance
  measurements and staffing levels for each major function of the
  department including comparisons to best practices, after review
  and analysis under Section 205.007.
         (b)  In performing its functions, the consulting firm shall
  coordinate with the Legislative Budget Board, the State Auditor's
  Office, and the department to minimize the duplication of efforts
  and to perform cost effectively and in a timely manner.
         (c)  The committee shall:
               (1)  oversee the implementation of the recommendations
  under this section with the goal of making the department more
  efficient, transparent, and accountable, including through
  reducing staff and streamlining processes; and
               (2)  assess the department's progress in implementing
  the recommendations under this section and report on the progress
  to the Senate Finance Committee and House Appropriations Committee
  for consideration in establishing the department's budget as part
  of the appropriations process.
         Sec. 205.007.  FUNCTIONS OF CONSULTING FIRM.  The primary
  functions of a management consulting firm the committee contracts
  with under Section 205.006 include:
               (1)  evaluating the department's financial condition
  and business practices;
               (2)  evaluating the department's administrative
  practices and performance, including statewide transportation
  planning, the department's relationship with metropolitan planning
  organizations, as defined by Section 472.031, the performance of
  the department's district and central offices, and the need for
  standardization of the department's operations across the state;
               (3)  evaluating the current guidelines of metropolitan
  planning organizations and all other transportation entities
  within the state involved with project delivery or transportation
  policy by identifying duplicative practices and providing
  recommendations for better efficiency and transparency;
               (4)  identifying ways to streamline all processes and
  procedures of policy implementations of the department, including
  the environmental process;
               (5)  examining and evaluating the use and benefits of
  performance-based maintenance contracting by the department;
               (6)  examining and presenting recommendations on how to
  maximize the department's use of multimodal solutions;
               (7)  analyzing the department's compliance with
  applicable laws and legislative intent;
               (8)  examining the efficient use of the department's
  available funding, personnel, equipment, and office space;
               (9)  evaluating the establishment in statute of a state
  pavement quality goal of having 85 percent of state roads in good or
  better condition; and
               (10)  considering significantly expanding the use of
  the private sector for planning, design, and delivery of projects
  and a commitment to excellence in project and program management.
         Sec. 205.008.  MEETINGS. The committee shall meet at the
  call of the presiding officer.
         Sec. 205.009.  STAFF; AUTHORITY TO CONTRACT. The committee
  may hire staff or may contract with universities or other suitable
  entities to assist the committee in carrying out the committee's
  duties. Funding to support the operation of the committee shall be
  provided from funds appropriated to the department.
         Sec. 205.010.  REPORT. Not later than January 1 of each
  odd-numbered year, the committee shall submit to the legislature a
  report that contains the recommendations described by Section
  205.004(a)(3).
         (b)  The speaker of the house of representatives and the
  lieutenant governor shall appoint members to the Transportation
  Legislative Oversight Committee under Chapter 205, Transportation
  Code, as added by this section, not later than January 1, 2010.
         (c)  Notwithstanding Section 205.003, Transportation Code,
  as added by this section, the lieutenant governor, not later than
  January 15, 2010, shall appoint a presiding officer for the
  Transportation Legislative Oversight Committee. The presiding
  officer appointed by the lieutenant governor under this section
  serves a one-year term that begins on February 1, 2010, and ends on
  February 1, 2011.
         (d)  On the effective date of this Act:
               (1)  all employees of the Texas Department of
  Transportation who primarily perform duties related to the
  department's government and public affairs research section become
  employees of the Transportation Legislative Oversight Committee
  under Chapter 205, Transportation Code, as added by this section;
  and
               (2)  all funds appropriated by the legislature to the
  Texas Department of Transportation for purposes related to the
  department's government and public affairs research section are
  transferred to the Transportation Legislative Oversight Committee
  under Chapter 205, Transportation Code, as added by this section.
         SECTION 1.20.  (a) The first commissioner of transportation
  appointed under the changes in law made by this article shall be
  appointed to serve for a term that begins January 1, 2011.
         (b)  Until the first commissioner of transportation
  appointed under this Act takes office, the members of the Texas
  Transportation Commission and the executive director of the Texas
  Department of Transportation serving on the effective date of this
  Act shall, unless otherwise removed as provided by law, continue in
  office under the prior law that governed the composition of the
  Texas Transportation Commission, and that prior law is continued in
  effect for that purpose. At the time the first commissioner of
  transportation that is appointed under this Act takes office, the
  Texas Transportation Commission is abolished.
         (c)  The commissioner of transportation succeeds to all
  powers, duties, rights, and obligations of the Texas Transportation
  Commission, and the abolition of the Texas Transportation
  Commission does not affect the validity of any right, duty,
  decision, rule, or action of any kind taken by or under the
  authority of the commission.
  ARTICLE 2. TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS
         SECTION 2.01.  Section 201.601, Transportation Code, is
  amended to read as follows:
         Sec. 201.601.  STATEWIDE TRANSPORTATION PLAN.  (a)  The
  department shall develop a statewide transportation plan covering a
  period of 20 years that contains all modes of transportation,
  including:
               (1)  highways and turnpikes;
               (2)  aviation;
               (3)  mass transportation;
               (4)  railroads and high-speed railroads; and
               (5)  water traffic.
         (a-1)  The plan must:
               (1)  contain specific, long-term transportation goals
  for the state and measurable targets for each goal;
               (2)  identify priority corridors, projects, or areas of
  the state that are of particular concern to the department in
  meeting the goals established under Subdivision (1); and
               (3)  contain a participation plan specifying methods
  for obtaining formal input on the goals and priorities identified
  under this subsection from:
                     (A)  other state agencies;
                     (B)  political subdivisions;
                     (C)  local planning organizations; and
                     (D)  the general public.
         (b)  [In developing the plan, the department shall seek
  opinions and assistance from other state agencies and political
  subdivisions that have responsibility for the modes of
  transportation listed by Subsection (a).] As appropriate, the
  department and the entities listed in Subsection (a-1)(3) [such an
  agency or political subdivision] shall enter into a memorandum of
  understanding relating to the planning of transportation services.
         (c)  The plan must include a component that is not
  financially constrained and identifies transportation improvements
  designed to relieve congestion. In developing this component of
  the plan, the department shall seek opinions and assistance from
  officials who have local responsibility for modes of transportation
  listed in Subsection (a).
         (d)  [The plan shall include a component, published
  annually, that describes the evaluation of transportation
  improvements based on performance measures, such as indices
  measuring delay reductions or travel time improvements.] The
  department shall consider the goals and measurable targets
  established under Subsection (a-1)(1) [the performance measures]
  in selecting transportation projects [improvements].
         (e)  The department annually shall provide to the lieutenant
  governor, the speaker of the house of representatives, and the
  chair of the standing committee of each house of the legislature
  with primary jurisdiction over transportation issues an analysis of
  the department's progress in attaining the goals under Subsection
  (a-1)(1).  The department shall make the information under this
  subsection available on its Internet website.
         (f)  The department shall update the plan every five years.
         SECTION 2.02.  Subchapter H, Chapter 201, Transportation
  Code, is amended by adding Sections 201.6015 and 201.621 to read as
  follows:
         Sec. 201.6015.  INTEGRATION OF PLANS AND POLICY EFFORTS. In
  developing each of its transportation plans and policy efforts, the
  department must clearly reference the 20-year plan under Section
  201.601 and specify how the plan or policy effort supports or
  otherwise relates to the specific goals under that section.
         Sec. 201.621.  COORDINATION WITH METROPOLITAN PLANNING
  ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The
  department shall collaborate with metropolitan planning
  organizations to develop mutually acceptable assumptions for the
  purposes of long-range federal and state funding forecasts and use
  those assumptions to guide long-term planning in the statewide
  transportation plan under Section 201.601.
         SECTION 2.03.  Subchapter D, Chapter 472, Transportation
  Code, is amended by adding Section 472.035 to read as follows:
         Sec. 472.035.  COORDINATION WITH METROPOLITAN PLANNING
  ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. Each
  metropolitan planning organization shall work with the department
  to develop mutually acceptable assumptions for the purposes of
  long-range federal and state funding forecasts and use those
  assumptions to guide long-term planning in the organization's
  long-range transportation plan.
         SECTION 2.04.  (a)  Subchapter J, Chapter 201,
  Transportation Code, is amended by adding Sections 201.807,
  201.808, 201.809, and 201.810 to read as follows:
         Sec. 201.807.  PROJECT INFORMATION REPORTING SYSTEM. (a)  
  The department shall establish a project information reporting
  system that makes available in a central location on the
  department's Internet website easily accessible and searchable
  information regarding all of the department's transportation
  plans, including the unified transportation program required by
  Section 201.992. The project information reporting system shall
  contain information about:
               (1)  each department project, including:
                     (A)  the status of the project;
                     (B)  each source of funding for the project;
                     (C)  benchmarks for evaluating the progress of the
  project;
                     (D)  timelines for completing the project;
                     (E)  a list of the department employees
  responsible for the project, including information to contact each
  person on that list; and
                     (F)  the results of the annual review required
  under Subsection (d);
               (2)  each construction work zone for a project that has
  a construction phase timeline that exceeds one month or the cost of
  which exceeds $5 million, including information about:
                     (A)  the number of lanes that will remain open
  during the project's construction phase;
                     (B)  the location and duration of each lane
  closure; and
                     (C)  the expected and actual traffic delay
  resulting from each lane closure;
               (3)  road maintenance projects, including:
                     (A)  the criteria for designating a project as a
  road maintenance project; and
                     (B)  the condition of each road before the road
  maintenance project; and
               (4)  the department's funds, including each source for
  the department's funds and each expenditure made by the department
  reported by each:
                     (A)  department district;
                     (B)  program funding category as required by
  Section 201.992(b)(2); and
                     (C)  type of revenue, including revenue from a
  comprehensive development agreement or a toll project.
         (b)  In developing the project information reporting system,
  the department shall collaborate with:
               (1)  the legislature;
               (2)  local transportation entities as defined by
  Section 201.991; and
               (3)  members of the public.
         (c)  The department shall make the statistical information
  provided under this section available on the department's Internet
  website in more than one downloadable electronic format.
         (d)  As a component of the project information reporting
  system required by this section, the department shall conduct an
  annual review of the benchmarks and timelines of each project
  included in the department's transportation plans, including the
  unified transportation program, to determine the completion rates
  of the projects and whether the projects were completed on time.
         (e)  The department shall continuously update the
  information contained in the project information reporting system.
         Sec. 201.808.  TRANSPORTATION EXPENDITURE PRIORITIES. (a)  
  The department shall develop a process to identify and distinguish
  between the transportation projects that are required to  maintain
  the state infrastructure and the transportation projects that would
  improve the state infrastructure in a manner consistent with the
  statewide transportation plan required by Section 201.601.
         (b)  The department shall establish a transportation
  expenditure reporting system that makes available in a central
  location on the department's Internet website easily accessible and
  searchable information regarding the priorities of transportation
  expenditures for the identified transportation projects.
         (c)  The department shall include in the transportation
  expenditure reporting system:
               (1)  a list of the most significant transportation
  problems in each department district as described by the statewide
  transportation plan developed under Section 201.601, including the
  component required by Section 201.601(c);
               (2)  the evaluation of the effectiveness of
  expenditures by the department required by Section 201.601(d);
               (3)  reports prepared by the department or an
  institution of higher education that evaluate the effectiveness of
  the department's expenditures on transportation projects to
  achieve the transportation goal;
               (4)  information about the condition of the pavement
  for each highway under the jurisdiction of the department,
  including:
                     (A)  the international roughness index issued by
  the United States Department of Transportation Federal Highway
  Administration; and
                     (B)  the percentage of pavement that the
  department determines to be in good or better condition;
               (5)  the condition of bridges, including information
  about:
                     (A)  bridges that are structurally deficient or
  functionally obsolete; and
                     (B)  bridge deterioration scores;
               (6)  information about traffic congestion and traffic
  delays, including:
                     (A)  the locations of the worst traffic delays;
                     (B)  the variable travel time for major streets
  and highways in this state; and
                     (C)  the effect of traffic congestion on motor
  vehicle travel and motor carriers; and
               (7)  information about traffic accidents, injuries,
  and fatalities, including a list of the locations in each
  department district for the highest number of traffic accidents,
  injuries, or fatalities.
         (d)  The department shall provide the information made
  available under Subsection (c) in a format that allows a person to
  conduct electronic searches for information regarding a specific
  county, highway under the jurisdiction of the department, or class
  of road.
         (e)  The department shall establish criteria to prioritize
  the transportation needs for the state that is consistent with the
  statewide transportation plan.
         (f)  Each department district shall enter information into
  the transportation expenditure reporting system, including
  information about:
               (1)  each district transportation project; and
               (2)  the priority category to which the project has
  been assigned according to Section 201.996.
         (g)  The transportation expenditure reporting system shall
  allow a person to compare information produced by that system to
  information produced by the project information reporting system.
         Sec. 201.809.  STATEWIDE TRANSPORTATION REPORT. (a)  The
  department annually shall evaluate and publish a report about the
  status of each transportation goal for this state. The report must
  include:
               (1)  information about the progress of each long-term
  transportation goal that is identified by the statewide
  transportation plan;
               (2)  the status of each project identified as a major
  priority;
               (3)  a summary of the number of statewide project
  implementation benchmarks that have been completed; and
               (4)  information about the accuracy of previous
  department financial forecasts.
         (b)  The department shall disaggregate the information in
  the report by legislative district and by department district.
         (c)  The department shall provide a copy of the legislative
  district report to each member of the legislature, and at the
  request of a member, a department employee shall meet with the
  member to explain the report.
         (d)  The department shall provide a copy of each district
  report to the political subdivisions located in the department
  district that is the subject of the report, including:
               (1)  a municipality;
               (2)  a county; and
               (3)  a local transportation entity as defined by
  Section 201.991.
         Sec. 201.810.  DEPARTMENT INFORMATION CONSOLIDATION. (a)  
  To the extent practicable and to avoid duplication of reporting
  requirements, the department may combine the reports required under
  this subchapter with reports required under other provisions of
  this code.
         (b)  The department shall develop a central location on the
  department's Internet website that provides easily accessible and
  searchable information to the public contained in the reports
  required under this subchapter and other provisions of this code.
         (b)  Not later than September 1, 2009, the Texas Department
  of Transportation shall establish the central location on the
  department's Internet website required by Section 201.810,
  Transportation Code, as added by this section.
         SECTION 2.05.  Chapter 201, Transportation Code, is amended
  by adding Subchapter P to read as follows:
  SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM
         Sec. 201.991.  DEFINITION. In this subchapter, "local
  transportation entity" means any entity that participates in the
  transportation planning process. The term includes a metropolitan
  planning organization as defined by Section 472.031, a regional
  tollway authority organized under Chapter 366, a regional
  transportation authority operating under Chapter 452, and a rural
  transit district as defined by Section 458.001.
         Sec. 201.992.  UNIFIED TRANSPORTATION PROGRAM. (a)  The
  department shall develop a unified transportation program covering
  a period of 11 years to guide the development of and authorize
  construction of transportation projects. The program must:
               (1)  annually identify target funding levels; and
               (2)  list all projects that the department intends to
  develop or begin construction of during the program period.
         (b)  The department shall adopt rules that:
               (1)  specify the criteria for selecting projects to be
  included in the program;
               (2)  define program funding categories, including
  categories for safety, maintenance, and mobility; and
               (3)  define each phase of a major transportation
  project, including the planning, programming, implementation, and
  construction phases.
         (c)  The department shall publish the entire unified
  transportation program and summary documents highlighting project
  benchmarks, priorities, and forecasts in appropriate media and on
  the department's Internet website in a format that is easily
  understandable by the public.
         (d)  In developing the rules required by this section, the
  department shall collaborate with local transportation entities.
         Sec. 201.993.  ANNUAL UPDATE TO UNIFIED TRANSPORTATION
  PROGRAM. (a) The department shall annually update the unified
  transportation program.
         (b)  The annual update must include:
               (1)  the annual funding forecast required by Section
  201.994;
               (2)  the list of major transportation projects required
  by Section 201.995(b); and
               (3)  the projects included in each program priority
  category established by Section 201.996.
         (c)  The department shall collaborate with local
  transportation entities to develop the annual update to the unified
  transportation program.
         Sec. 201.994.  ANNUAL FUNDING AND CASH FLOW FORECASTS. (a)
  The department annually shall:
               (1)  develop and publish a forecast of all funds the
  department expects to receive, including funds from this state and
  the federal government; and
               (2)  use that forecast to guide planning for the
  unified transportation program.
         (b)  The department shall collaborate with local
  transportation entities to develop scenarios for the forecast
  required by Subsection (a) based on mutually acceptable funding
  assumptions.
         (c)  Not later than January 31 of each odd-numbered year, the
  department shall prepare and publish a cash flow forecast for a
  period of 10 years.
         Sec. 201.995.  MAJOR TRANSPORTATION PROJECTS. (a)  The
  department shall by rule:
               (1)  establish criteria for designating a project as a
  major transportation project;
               (2)  develop benchmarks for evaluating the progress of
  a major transportation project and timelines for implementation and
  construction of a major transportation project; and
               (3)  determine which critical benchmarks must be met
  before a major transportation project may enter the implementation
  phase of the unified transportation program.
         (b)  The department annually shall update the list of
  projects that are designated as major transportation projects.
         (c)  In adopting rules required by this section, the
  department shall collaborate with local transportation entities.
         Sec. 201.996.  PROGRAM PRIORITY CATEGORIES. (a)  The
  department by rule shall establish categories in the unified
  transportation program to designate the priority of each project
  included in the program and shall assign each project a category.
         (b)  The department shall collaborate with local
  transportation entities when assigning each project included in the
  unified transportation program to a category established under
  Subsection (a).
         (c)  The highest priority category within the unified
  transportation program must consist of projects designated as major
  transportation projects.
         Sec. 201.997.  FUNDING ALLOCATION. (a)  The department by
  rule shall establish formulas for allocating funds in each category
  described by Section 201.992(b)(2).
         (b)  The department shall update the formulas established
  under this section at least every five years.
         Sec. 201.998.  FUND DISTRIBUTION. (a)  The department shall
  allocate funds to the department districts based on the formulas
  adopted under Section 201.997.
         (b)  In distributing funds to department districts, the
  department may not exceed the cash flow forecast prepared and
  published under Section 201.994(c).
         Sec. 201.999.  WORK PROGRAM. (a)  Each department district
  shall develop a consistently formatted work program based on the
  unified transportation program covering a period of four years that
  contains all projects that the district proposes to implement
  during that period.
         (b)  The work program must contain:
               (1)  information regarding the progress of projects
  designated as major transportation projects, according to project
  implementation benchmarks and timelines established under Section
  201.995; and
               (2)  a summary of the progress on other district
  projects.
         (c)  The department shall use the work program to:
               (1)  monitor the performance of the district; and
               (2)  evaluate the performance of district employees.
         (d)  The department shall publish the work program in
  appropriate media and on the department's Internet website.
         SECTION 2.06.  Chapter 472, Transportation Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E.  RURAL PLANNING ORGANIZATIONS
         Sec. 472.051.  DEFINITION. In this subchapter, "rural
  planning organization" means an organization created under this
  subchapter for the purpose of transportation planning in a rural
  area of this state.
         Sec. 472.052.  CREATION.  To the extent practicable through
  the use of existing resources, the department shall facilitate the
  creation of rural planning organizations in cooperation with
  councils of governments, municipal and county governments, and
  other local transportation entities. The structure and membership
  of a rural planning organization may vary according to the
  transportation and other governmental needs of the area served by
  the organization.
         Sec. 472.053.  TRANSPORTATION PLANNING.  A rural planning
  organization may:
               (1)  establish transportation priorities and approve
  transportation projects in the boundaries of the area served by the
  organization;
               (2)  select projects for inclusion in the statewide
  transportation improvement program; and
               (3)  provide input to the department on projects
  involving the connectivity of the state highway system.
         Sec. 472.054.  REALIGNMENT OF DEPARTMENT DISTRICTS IN RURAL
  AREAS. In facilitating the creation of rural planning
  organizations under this subchapter, the department shall consider
  whether changing its districts' boundaries to align more closely
  with those of existing councils of governments would better
  facilitate rural transportation planning.
         Sec. 472.055.  DEPARTMENT PARTICIPATION. The department
  shall:
               (1)  provide funds and personnel to assist rural
  planning organizations with rural transportation planning; and
               (2)  work with rural planning organizations to identify
  available sources of funding for rural transportation planning,
  which may include federal funds or transportation development
  credits.
  ARTICLE 3. PUBLIC INVOLVEMENT AND COMPLAINTS
         SECTION 3.01.  (a)  Section 201.801, Transportation Code, is
  amended to read as follows:
         Sec. 201.801.  [INFORMATION ABOUT DEPARTMENT;] COMPLAINTS.  
  (a)  The department shall maintain a system to promptly and
  efficiently act on complaints filed with the department. The
  department shall maintain information about the parties to and the
  subject matter of a complaint and a summary of the results of the
  review or investigation of the complaint and the disposition of the
  complaint.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution [prepare information of public interest describing the
  functions of the department and the department's procedures by
  which a complaint is filed with the department and resolved by the
  department. The department shall make the information available to
  the public and appropriate state agencies].
         [(b)     The commission by rule shall establish methods by which
  consumers and service recipients are notified of the department's
  name, mailing address, and telephone number for directing
  complaints to the department. The commission may provide for that
  notification:
               [(1)     on each registration form, application, or
  written contract for services of an individual or entity regulated
  by the department;
               [(2)     on a sign prominently displayed in the place of
  business of each individual or entity regulated by the department;
  or
               [(3)     in a bill for service provided by an individual or
  entity regulated by the department.]
         (c)  [The department shall:
               [(1)     keep an information file about each written
  complaint filed with the department that the department has the
  authority to resolve; and
               [(2)     provide the person who filed the complaint, and
  each person or entity that is the subject of the complaint,
  information about the department's policies and procedures
  relating to complaint investigation and resolution.
         [(d)]  The department[, at least quarterly and until final
  disposition of a written complaint that is filed with the
  department and that the department has the authority to resolve,]
  shall periodically notify the parties to the complaint of its
  status until final disposition [unless the notice would jeopardize
  an undercover investigation].
         (d)  The commission shall adopt rules applicable to each
  division and district to establish a process to act on complaints
  filed with the department [(e)     With regard to each complaint filed
  with the department, the department shall keep the following
  information:
               [(1)  the date the complaint is filed;
               [(2)  the name of the person filing the complaint;
               [(3)  the subject matter of the complaint;
               [(4)     a record of each person contacted in relation to
  the complaint;
               [(5)     a summary of the results of the review or
  investigation of the complaint; and
               [(6)     if the department takes no action on the
  complaint, an explanation of the reasons that no action was taken].
         (e)  The department shall develop a standard form for
  submitting a complaint and make the form available on its Internet
  website.  The department shall establish a method to submit
  complaints electronically.
         (f)  The department shall develop a method for analyzing the
  sources and types of complaints and violations and establish
  categories for the complaints and violations. The department shall
  use the analysis to focus its information and education efforts on
  specific problem areas identified through the analysis.
         (g)  The department shall:
               (1)  compile:
                     (A)  detailed statistics and analyze trends on
  complaint information, including:
                           (i)  the nature of the complaints;
                           (ii)  their disposition; and
                           (iii)  the length of time to resolve
  complaints; and
                     (B)  complaint information on a district and a
  divisional basis; and
               (2)  report the information on a monthly basis to the
  division directors and district engineers and on a quarterly basis
  to the commissioner.
         (b)  The Texas Department of Transportation shall adopt
  rules under Section 201.801, Transportation Code, as amended by
  this section not later than March 1, 2010.
         SECTION 3.02.  Subchapter J, Chapter 201, Transportation
  Code, is amended by adding Section 201.811 to read as follows:
         Sec. 201.811.  PUBLIC INVOLVEMENT POLICY.  (a)  The
  department shall develop and implement a policy for public
  involvement that guides and encourages public involvement with the
  department.  The policy must:
               (1)  provide for the use of public involvement
  techniques that target different groups and individuals;
               (2)  encourage continuous contact between the
  department and persons outside the department throughout the
  transportation decision-making process;
               (3)  require the department to make efforts toward:
                     (A)  clearly tying public involvement to
  decisions made by the department; and
                     (B)  providing clear information to the public
  about specific outcomes of public input; and
               (4)  apply to all public input with the department,
  including input:
                     (A)  on statewide transportation policy-making;
                     (B)  in connection with the environmental process
  relating to specific projects; and
                     (C)  into the department's rulemaking procedures.
         (b)  The department shall document the ratio of positive
  public input to negative public input regarding all environmental
  impact statements as expressed by the public through the
  department's public involvement process. The department shall:
               (1)  present this information to the commissioner in an
  open meeting; and
               (2)  report this information on the department's
  Internet website in a timely manner.
  ARTICLE 4. CONTRACTING FUNCTIONS
         SECTION 4.01.  Section 223.002, Transportation Code, is
  amended to read as follows:
         Sec. 223.002.  NOTICE OF BIDS [BY PUBLICATION].  [(a)]  The
  department shall give [publish] notice to interested persons
  regarding [of] the time and place at which bids on a contract will
  be opened and the contract awarded. The department by rule shall
  determine the most effective method for providing the notice
  required by this section.
         [(b)     The notice must be published in a newspaper published
  in the county in which the improvement is to be made once a week for
  at least two weeks before the time set for awarding the contract and
  in two other newspapers that the department may designate.
         [(c)     Instead of the notice required by Subsection (b), if
  the department estimates that the contract involves an amount less
  than $300,000, notice may be published in two successive issues of a
  newspaper published in the county in which the improvement is to be
  made.
         [(d)     If a newspaper is not published in the county in which
  the improvement is to be made, notice shall be published in a
  newspaper published in the county:
               [(1)     nearest the county seat of the county in which the
  improvement is to be made; and
               [(2)  in which a newspaper is published.]
         SECTION 4.02. Subchapter A, Chapter 223, Transportation
  Code, is amended by adding Section 223.017 to read as follows:
         Sec. 223.017.  DESIGN-BUILD CONTRACTS FOR NONTOLLED HIGHWAY
  PROJECTS. (a)  In this section, "design-build contract" means an
  agreement with a private entity for the design and construction,
  rehabilitation, expansion, or improvement of a highway project but
  does not include the financing or operation of the highway.
         (b)  The department may enter into a design-build contract
  for a nontolled highway project.
         (c)  Notwithstanding Section 223.0041, if the department
  enters into a design-build contract under this section, the
  department shall use a competitive procurement process that
  provides the best value for the department.
         (d)  The department shall adopt rules specifying the
  conditions under which a design-build contract may be considered.
  In developing rules the department must address:
               (1)  the size and complexity of an eligible project;
               (2)  the time constraints for delivery of an eligible
  project;
               (3)  the level and training of the staff required to
  manage an eligible project; and
               (4)  other factors the department considers important.
         SECTION 4.03.  (a)  Subchapter E, Chapter 223,
  Transportation Code, is amended by adding Section 223.211 to read
  as follows:
         Sec. 223.211.  APPROVAL AND CERTIFICATION. A comprehensive
  development agreement, including a facility agreement under a
  comprehensive development agreement, under which a private entity
  will operate a toll project or be entitled to receive revenue from
  the project must be:
               (1)  reviewed by the attorney general for legal
  sufficiency under Section 371.051, as added by Chapter 264 (S.B.
  792), Acts of the 80th Legislature, Regular Session, 2007, and
  signed by the attorney general, if approved;
               (2)  reviewed by the comptroller for financial
  viability and signed and certified by the comptroller if approved;
  and
               (3)  signed by the commissioner.
         (b)  The change in law made by Section 223.211,
  Transportation Code, as added by this section, applies only to a
  comprehensive development agreement entered into on or after the
  effective date of this Act.
  ARTICLE 5. REGULATION OF MOTOR VEHICLE DEALERS, SALVAGE VEHICLE
  DEALERS, AND HOUSEHOLD GOODS CARRIERS
         SECTION 5.01.  (a)  Section 643.153, Transportation Code, is
  amended by amending Subsection (b) and adding Subsections (c), (h),
  and (i) to read as follows:
         (b)  The department may adopt rules necessary to ensure that
  a customer of a motor carrier transporting household goods is
  protected from deceptive or unfair practices and unreasonably
  hazardous activities.  The rules must:
               (1)  establish a formal process for resolving a dispute
  over a fee or damage;
               (2)  require a motor carrier to indicate clearly to a
  customer whether an estimate is binding or nonbinding and disclose
  the maximum price a customer could be required to pay;
               (3)  create a centralized process for making complaints
  about a motor carrier that also allows a customer to inquire about a
  carrier's complaint record; [and]
               (4)  require a motor carrier transporting household
  goods to list a place of business with a street address in this
  state and the carrier's registration number issued under this
  article in any print advertising published in this state; and
               (5)  require a motor carrier transporting household
  goods to inform the department whether the motor carrier has
  requested criminal history record information on its employees
  under Chapter 145, Civil Practice and Remedies Code.
         (c)  The department shall make available to the public on the
  department's Internet website the information received under
  Subsection (b)(5) to allow members of the public to make an informed
  choice when selecting a motor carrier to transport household goods.  
  For the purposes of this subsection, the department may require a
  motor carrier transporting household goods that requests criminal
  history record information on its employees to submit to the
  department, at the time of the original motor carrier registration
  and at the renewal of the registration, documentation that the
  criminal history record information:
               (1)  has been requested and obtained;
               (2)  is regularly updated; and
               (3)  is used to exclude from employment persons who
  have committed a serious criminal offense.
         (h)  Subject to Subsection (i), the department may order a
  motor carrier that transports household goods to pay a refund to a
  customer as provided in an agreement resulting from an informal
  settlement instead of or in addition to imposing an administrative
  penalty under this chapter.
         (i)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement may not exceed the
  amount the customer paid to the motor carrier for a service or the
  amount the customer paid for an item damaged by the motor carrier,
  without requiring an estimation of the actual cost of the damage.  
  The department may not require payment of other damages or estimate
  harm in a refund order.
         (b)  The change in law made by Sections 643.153(h) and (i),
  Transportation Code, as added by this section, applies only to an
  agreement to transport household goods entered into on or after the
  effective date of this Act. An agreement to transport household
  goods entered into before the effective date of this Act is governed
  by the law in effect immediately before that date, and that law is
  continued in effect for that purpose.
         SECTION 5.02.  (a)  Section 643.251, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by this section, the amount of an
  administrative penalty may not exceed $5,000. If it is found that
  the motor carrier knowingly committed the violation, the penalty
  may not exceed $15,000.  Except as provided by Subsection (b-1), if 
  [If] it is found that the motor carrier knowingly committed
  multiple violations, the aggregate penalty for the multiple
  violations may not exceed $30,000.  Each day a violation continues
  or occurs is a separate violation for purposes of imposing a
  penalty.
         (b-1)  The limit on the aggregate penalty for multiple
  violations in Subsection (b) does not apply to a motor carrier
  transporting household goods.
         (b)  The change in law made by this section to Section
  643.251, Transportation Code, applies only to a violation committed
  by a motor carrier on or after the effective date of this Act. For
  purposes of this subsection, a violation was committed before the
  effective date of this Act if any element of the violation was
  committed before that date.  A violation committed by a motor
  carrier before the effective date of this Act is covered by the law
  in effect on the date the violation was committed, and the former
  law is continued in effect for that purpose.
         SECTION 5.03.  Subchapter F, Chapter 643, Transportation
  Code, is amended by adding Sections 643.256 and 643.257 to read as
  follows:
         Sec. 643.256.  SUMMARY SUSPENSION. (a)  The department may
  summarily suspend the registration of a motor carrier registered
  under this chapter if the motor carrier's failure to comply with
  this chapter or a rule adopted under this chapter is determined by
  the department to constitute a continuing and imminent threat to
  the public safety and welfare.
         (b)  To initiate a proceeding to take action under Subsection
  (a), the department must serve notice on the motor carrier. The
  notice must:
               (1)  state the grounds for summary suspension;
               (2)  be personally served on the motor carrier or sent
  to the motor carrier by certified or registered mail, return
  receipt requested, to the motor carrier's mailing address as it
  appears in the department's records; and
               (3)  inform the motor carrier of the right to a hearing
  on the suspension.
         (c)  The suspension is effective on the date that notice is
  personally served or received by mail. The motor carrier is
  entitled to appeal the suspension in the manner provided by Section
  643.2525 for the appeal of an order of the director.
         Sec. 643.257.  EMERGENCY CEASE AND DESIST ORDER.  (a)  If it
  appears to the director that a motor carrier who is not registered
  to transport household goods for compensation under Section 643.051
  is violating this chapter, a rule adopted under this chapter, or
  another state statute or rule relating to the transportation of
  household goods and the director determines that the unauthorized
  activity constitutes a clear, imminent, or continuing threat to the
  public health and safety, the director may:
               (1)  issue an emergency cease and desist order
  prohibiting the motor carrier from engaging in the activity; and
               (2)  report the activity to a local law enforcement
  agency or the attorney general for prosecution.
         (b)  An order issued under Subsection (a) must:
               (1)  be delivered on issuance to the motor carrier
  affected by the order by personal delivery or registered or
  certified mail, return receipt requested, to the motor carrier's
  last known address;
               (2)  state the acts or practices alleged to be an
  unauthorized activity and require the motor carrier immediately to
  cease and desist from the unauthorized activity; and
               (3)  contain a notice that a request for hearing may be
  filed under this section.
         (c)  A motor carrier against whom an emergency cease and
  desist order is directed may request a hearing before the 11th day
  after the date it is served on the motor carrier.  If the motor
  carrier does not request a hearing in that time, the order is final
  and nonappealable as to that motor carrier.  A request for a
  hearing must:
               (1)  be in writing and directed to the director; and
               (2)  state the grounds for the request to set aside or
  modify the order.
         (d)  On receiving a request for a hearing, the director shall
  serve notice of the time and place of the hearing by personal
  delivery or registered or certified mail, return receipt
  requested.  The hearing must be held not later than the 10th day
  after the date the director receives the request for a hearing
  unless the parties agree to a later hearing date.  A hearing under
  this subsection is subject to Chapter 2001, Government Code.
         (e)  After the hearing, the director shall affirm, modify, or
  set aside wholly or partly the emergency cease and desist order.  An
  order affirming or modifying the emergency cease and desist order
  is immediately final for purposes of enforcement and appeal.
         (f)  An order under this section continues in effect unless
  the order is stayed by the director.  The director may impose any
  condition before granting a stay of the order.
         (g)  The director may release to the public a final cease and
  desist order issued under this section or information regarding the
  existence of the order if the director determines that the release
  would enhance the effective enforcement of the order or will serve
  the public interest.
         (h)  A violation of an order issued under this section
  constitutes additional grounds for imposing an administrative
  penalty under this chapter.
         SECTION 5.04.  Section 2301.654, Occupations Code, is
  amended to read as follows:
         Sec. 2301.654.  PROBATION. If a suspension of a license is
  probated, the board may:
               (1)  require the license holder to report regularly to
  the board on matters that are the basis of the probation; [or]
               (2)  limit activities to those prescribed by the board;
  or
               (3)  require the license holder to obtain specialized
  training so that the license holder attains a degree of skill
  satisfactory to the board in those areas that are the basis of the
  probation.
         SECTION 5.05.  (a)  Subchapter Q, Chapter 2301, Occupations
  Code, is amended by adding Sections 2301.807 and 2301.808 to read as
  follows:
         Sec. 2301.807.  ADMINISTRATIVE PENALTY.  (a)  The department
  may impose an administrative penalty on a person licensed under
  this chapter who violates this chapter or a rule or order adopted
  under this chapter.
         (b)  The amount of an administrative penalty imposed under
  this section may not exceed $5,000.  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 to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  the threat to the public safety and welfare;
               (6)  efforts to correct the violation; and
               (7)  any other matter that justice may require.
         (c)  The transportation commission by rule shall adopt a
  schedule of administrative penalties based on the criteria listed
  in Subsection (b) for violations subject to an administrative
  penalty under this section to ensure that the amount of a penalty
  imposed is appropriate to the violation.
         (d)  The enforcement of an administrative penalty may be
  stayed during the time the order is under judicial review if the
  person pays the penalty to the clerk of the court 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 the 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
  transportation commission to contest the affidavit as provided by
  those rules.
         (e)  The attorney general may sue to collect an
  administrative penalty imposed under this section. In the suit the
  attorney general may recover, on behalf of the state, the
  reasonable expenses incurred in obtaining the penalty, including
  investigation and court costs, reasonable attorney's fees, witness
  fees, and other expenses.
         (f)  An administrative penalty collected under this section
  shall be deposited in the general revenue fund.
         (g)  A proceeding to impose an administrative penalty under
  this section is a contested case under Chapter 2001, Government
  Code.
         Sec. 2301.808.  REFUND.  (a)  Subject to Subsection (b), the
  director may order a motor vehicle dealer to pay a refund to a
  consumer as provided in an agreement resulting from an informal
  settlement instead of or in addition to imposing an administrative
  penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement may not exceed the
  amount the consumer paid to the motor vehicle dealer.  The director
  may not require payment of other damages or estimate harm in a
  refund order.
         (b)  Subchapter H, Chapter 2302, Occupations Code, is
  amended by adding Section 2302.352 to read as follows:
         Sec. 2302.352.  ADMINISTRATIVE PENALTY.  (a)  The department
  may impose an administrative penalty on a salvage vehicle dealer
  licensed under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         (b)  The amount of an administrative penalty imposed under
  this section may not exceed $5,000.  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 to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  the threat to the public safety and welfare;
               (6)  efforts to correct the violation; and
               (7)  any other matter that justice may require.
         (c)  The commission by rule shall adopt a schedule of
  administrative penalties based on the criteria listed in Subsection
  (b) for violations subject to an administrative penalty under this
  section to ensure that the amount of a penalty imposed is
  appropriate to the violation.
         (d)  The enforcement of an administrative penalty may be
  stayed during the time the order is under judicial review if the
  person pays the penalty to the clerk of the court 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 the 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 commission
  to contest the affidavit as provided by those rules.
         (e)  The attorney general may sue to collect an
  administrative penalty imposed under this section. In the suit the
  attorney general may recover, on behalf of the state, the
  reasonable expenses incurred in obtaining the penalty, including
  investigation and court costs, reasonable attorney's fees, witness
  fees, and other expenses.
         (f)  An administrative penalty collected under this section
  shall be deposited in the general revenue fund.
         (g)  A proceeding to impose an administrative penalty under
  this section is a contested case under Chapter 2001, Government
  Code.
         (c)  The change in law made by Section 2301.808, Occupations
  Code, as added by this section, applies only to a motor vehicle
  purchased or leased on or after the effective date of this Act. A
  motor vehicle purchased or leased before the effective date of this
  Act is governed by the law in effect immediately before that date,
  and that law is continued in effect for that purpose.
  ARTICLE 6. REGULATION OF OUTDOOR ADVERTISING
         SECTION 6.01.  Section 391.004, Transportation Code, is
  amended to read as follows:
         Sec. 391.004.  TEXAS HIGHWAY BEAUTIFICATION FUND ACCOUNT.
  The Texas highway beautification fund account is an account in the
  general revenue fund. Money the commission receives under this
  chapter shall be deposited to the credit of the Texas highway
  beautification fund account. The commission shall use money in the
  Texas highway beautification fund account to administer this
  chapter and Chapter 394.
         SECTION 6.02.  (a)  Subchapter A, Chapter 391,
  Transportation Code, is amended by adding Section 391.006 to read
  as follows:
         Sec. 391.006.  COMPLAINTS; RECORDS. (a)  The department by
  rule shall establish procedures for accepting and resolving written
  complaints related to outdoor advertising under this chapter.  The
  rules must include:
               (1)  a process to make information available describing
  its procedures for complaint investigation and resolution,
  including making information about the procedures available on the
  department's Internet website;
               (2)  a simple form for filing complaints with the
  department;
               (3)  a system to prioritize complaints so that the most
  serious complaints receive attention before less serious
  complaints; and
               (4)  a procedure for compiling and reporting detailed
  annual statistics about complaints.
         (b)  The department shall provide to each person who files a
  written complaint with the department, and to each person who is the
  subject of a complaint, information about the department's policies
  and procedures relating to complaint investigation and resolution.
         (c)  The department shall keep an information file about each
  written complaint filed with the department that the department has
  authority to resolve. The department shall keep the following
  information for each complaint for the purpose of enforcing this
  chapter:
               (1)  the date the complaint is filed;
               (2)  the name of the person filing the complaint;
               (3)  the subject matter of the complaint;
               (4)  each person contacted in relation to the
  complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  if the department does not take action on the
  complaint, an explanation of the reasons that action was not taken.
         (d)  If a written complaint is filed with the department that
  the department has authority to resolve, the department, at least
  quarterly and until final disposition of the complaint, shall
  notify the parties to the complaint of the status of the complaint
  unless the notice would jeopardize an ongoing department
  investigation.
         (b)  The Texas Transportation Commission shall adopt rules
  under Section 391.006, Transportation Code, as added by this
  section, not later than September 1, 2010.
         SECTION 6.03.  Subchapter B, Chapter 391, Transportation
  Code, is amended by adding Section 391.0331 to read as follows:
         Sec. 391.0331.  COSTS OF REMOVAL OF CERTAIN OUTDOOR
  ADVERTISING IN MUNICIPALITY.  If outdoor advertising located in a
  municipality is required to be removed because of the widening,
  construction, or reconstruction of a road to which this chapter
  applies and if relocation of the outdoor advertising would be
  allowed under commission rules but is prohibited by charter,
  ordinance, or a decision of the municipality, the municipality
  shall pay just compensation to:
               (1)  the owner for the right, title leasehold, and
  interest in the outdoor advertising; and
               (2)  the owner or, if appropriate, the lessee of the
  real property on which the outdoor advertising is located for the
  right to erect and maintain the outdoor advertising.
         SECTION 6.04.  Section 391.035(c), Transportation Code, is
  amended to read as follows:
         (c)  A penalty collected under this section shall be
  deposited to the credit of the Texas highway beautification [state
  highway] fund account if collected by the attorney general and to
  the credit of the county road and bridge fund of the county in which
  the violation occurred if collected by a district or county
  attorney.
         SECTION 6.05.  Subchapter B, Chapter 391, Transportation
  Code, is amended by adding Section 391.0355 to read as follows:
         Sec. 391.0355.  ADMINISTRATIVE PENALTY. (a)  In lieu of a
  suit to collect a civil penalty, the commission, after notice and an
  opportunity for a hearing before the commission, may impose an
  administrative penalty against a person who violates this chapter
  or a rule adopted by the commission under this chapter. Each day a
  violation continues is a separate violation.
         (b)  The amount of the administrative penalty may not exceed
  the maximum amount of a civil penalty under Section 391.035.
         (c)  A proceeding under this section is a contested case
  under Chapter 2001, Government Code.
         (d)  Judicial review of an appeal of an administrative
  penalty imposed under this section is under the substantial
  evidence rule.
         (e)  An administrative penalty collected under this section
  shall be deposited to the credit of the Texas highway
  beautification fund account.
         SECTION 6.06.  Section 391.063, Transportation Code, is
  amended to read as follows:
         Sec. 391.063.  LICENSE FEE.  The commission may set the
  amount of a license fee according to a scale graduated by the number
  of units of outdoor advertising and number of off-premise signs
  under Chapter 394 owned by a license applicant.
         SECTION 6.07.  Section 391.065(b), Transportation Code, is
  amended to read as follows:
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's outdoor advertising or off-premise
  signs under Chapter 394.
         SECTION 6.08.  Section 391.066, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The commission may deny the renewal of a license
  holder's license if the license holder has not complied with the
  permit requirements of this chapter or Chapter 394.
         SECTION 6.09.  Subchapter C, Chapter 391, Transportation
  Code, is amended by adding Section 391.0661 to read as follows:
         Sec. 391.0661.  APPLICABILITY OF LICENSE. In addition to
  authorizing a person to erect or maintain outdoor advertising, a
  license issued under this chapter authorizes a person to erect or
  maintain an off-premise sign under Chapter 394.
         SECTION 6.10.  Section 391.254(c), Transportation Code, is
  amended to read as follows:
         (c)  A civil penalty collected by the attorney general under
  this section shall be deposited to the credit of the Texas highway
  beautification [state highway] fund account.
         SECTION 6.11.  Section 394.005, Transportation Code, is
  amended to read as follows:
         Sec. 394.005.  DISPOSITION OF FEES. Money the commission
  receives [A registration fee collected] under this chapter [Section
  394.048 by the commission] shall be deposited to the credit of the
  Texas highway beautification [state highway] fund account.
         SECTION 6.12.  (a)  Subchapter A, Chapter 394,
  Transportation Code, is amended by adding Section 394.006 to read
  as follows:
         Sec. 394.006.  COMPLAINTS; RECORDS.  (a)  The department by
  rule shall establish procedures for accepting and resolving written
  complaints related to signs under this chapter. The rules must
  include:
               (1)  a process to make information available describing
  its procedures for complaint investigation and resolution,
  including making information about the procedures available on the
  department's Internet website;
               (2)  a simple form for filing complaints with the
  department;
               (3)  a system to prioritize complaints so that the most
  serious complaints receive attention before less serious
  complaints; and
               (4)  a procedure for compiling and reporting detailed
  annual statistics about complaints.
         (b)  The department shall provide to each person who files a
  written complaint with the department, and to each person who is the
  subject of a complaint, information about the department's policies
  and procedures relating to complaint investigation and resolution.
         (c)  The department shall keep an information file about each
  written complaint filed with the department that the department has
  authority to resolve. The department shall keep the following
  information for each complaint for the purpose of enforcing this
  chapter:
               (1)  the date the complaint is filed;
               (2)  the name of the person filing the complaint;
               (3)  the subject matter of the complaint;
               (4)  each person contacted in relation to the
  complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  if the department does not take action on the
  complaint, an explanation of the reasons that action was not taken.
         (d)  If a written complaint is filed with the department that
  the department has authority to resolve, the department, at least
  quarterly and until final disposition of the complaint, shall
  notify the parties to the complaint of the status of the complaint
  unless the notice would jeopardize an ongoing department
  investigation.
         (b)  The Texas Transportation Commission shall adopt rules
  under Section 394.006, Transportation Code, as added by this
  section, not later than September 1, 2010.
         SECTION 6.13.  Subchapter A, Chapter 394, Transportation
  Code, is amended by adding Section 394.007 to read as follows:
         Sec. 394.007.  COSTS FOR REMOVAL OF SIGNS IN
  EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.  (a)  This
  section applies only to a sign located in the extraterritorial
  jurisdiction of a municipality that regulates signs in its
  extraterritorial jurisdiction.
         (b)  If a sign is required to be removed because of the
  widening, construction, or reconstruction of a road to which this
  chapter applies and if relocation of the sign would be allowed under
  commission rules but is prohibited by charter, ordinance, or a
  decision of the municipality, the municipality shall pay just
  compensation to:
               (1)  the owner for the right, title leasehold, and
  interest in the sign; and
               (2)  the owner or, if appropriate, the lessee of the
  real property on which the sign is located for the right to erect
  and maintain the sign.
         SECTION 6.14.  The heading to Subchapter B, Chapter 394,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN
         SECTION 6.15.  (a)  Subchapter B, Chapter 394,
  Transportation Code, is amended by adding Sections 394.0201,
  394.0202, 394.0203, 394.0204, 394.0205, 394.0206, 394.0207,
  394.027, 394.028, and 394.029 to read as follows:
         Sec. 394.0201.  ERECTING OFF-PREMISE SIGN WITHOUT LICENSE;
  OFFENSE. (a)  A person commits an offense if the person wilfully
  erects or maintains an off-premise sign on a rural road without a
  license under this subchapter.
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $500 or more than $1,000. Each
  day of the proscribed conduct is a separate offense.
         (c)  A person is not required to obtain a license to erect or
  maintain an on-premise sign.
         Sec. 394.0202.  ISSUANCE AND PERIOD OF LICENSE. (a)  The
  commission shall issue a license to a person who:
               (1)  files with the commission a completed application
  form within the time specified by the commission;
               (2)  pays the appropriate license fee; and
               (3)  files with the commission a surety bond.
         (b)  A license may be issued for one year or longer.
         (c)  At least 30 days before the date on which a person's
  license expires, the commission shall notify the person of the
  impending expiration. The notice must be in writing and sent to the
  person's last known address according to the records of the
  commission.
         Sec. 394.0203.  LICENSE FEE. The commission may set the
  amount of a license fee according to a scale graduated by the number
  of off-premise signs and units of outdoor advertising under Chapter
  391 owned by a license applicant.
         Sec. 394.0204.  SURETY BOND. (a)  The surety bond required
  of an applicant for a license under Section 394.0202 must be:
               (1)  in the amount of $2,500 for each county in the
  state in which the person erects or maintains an off-premise sign;
  and
               (2)  payable to the commission for reimbursement for
  removal costs of an off-premise sign that the license holder
  unlawfully erects or maintains.
         (b)  A person may not be required to provide more than
  $10,000 in surety bonds.
         Sec. 394.0205.  RULES; FORMS. (a)  The commission may adopt
  rules to implement Sections 394.0201(a), 394.0202, 394.0203,
  394.0204, and 394.0206.
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's off-premise signs or outdoor
  advertising under Chapter 391.
         (c)  The commission may not adopt a rule under this chapter
  that restricts competitive bidding or advertising by the holder of
  a license issued under this chapter other than a rule to prohibit
  false, misleading, or deceptive practices. The limitation provided
  by this section applies only to rules relating to the occupation of
  outdoor advertiser and does not affect the commission's power to
  regulate the orderly and effective display of an off-premise sign
  under this chapter. A rule to prohibit false, misleading, or
  deceptive practices may not:
               (1)  restrict the use of:
                     (A)  any legal medium for an advertisement;
                     (B)  the license holder's advertisement under a
  trade name; or
                     (C)  the license holder's personal appearance or
  voice in an advertisement, if the license holder is an individual;
  or
               (2)  relate to the size or duration of an advertisement
  by the license holder.
         Sec. 394.0206.  REVOCATION OR SUSPENSION OF LICENSE; APPEAL.
  (a)  The commission may revoke or suspend a license issued under
  this subchapter or place on probation a license holder whose
  license is suspended if the license holder violates this chapter or
  a rule adopted under this chapter. If the suspension of the license
  is probated, the department may require the license holder to
  report regularly to the commission on any matter that is the basis
  of the probation.
         (b)  The judicial appeal of the revocation or suspension of a
  license must be initiated not later than the 15th day after the date
  of the commission's action.
         (c)  The commission may adopt rules for the reissuance of a
  revoked or suspended license and may set fees for the reissuance.
         (d)  The commission may deny the renewal of a license
  holder's existing license if the license holder has not complied
  with the permit requirements of this chapter or Chapter 391.
         Sec. 394.0207.  APPLICABILITY OF LICENSE.  In addition to
  authorizing a person to erect or maintain an off-premise sign, a
  license issued under this chapter authorizes a person to erect or
  maintain outdoor advertising under Chapter 391.
         Sec. 394.027.  FEE AMOUNTS. The license and permit fees
  required by this subchapter may not exceed an amount reasonably
  necessary to cover the administrative costs incurred to enforce
  this chapter.
         Sec. 394.028.  EXCEPTIONS FOR CERTAIN NONPROFIT
  ORGANIZATIONS. (a)  The combined license and permit fees under this
  subchapter may not exceed $10 for an off-premise sign erected and
  maintained by a nonprofit organization in a municipality or a
  municipality's extraterritorial jurisdiction if the sign relates
  to or promotes only the municipality or a political subdivision
  whose jurisdiction is wholly or partly concurrent with the
  municipality.
         (b)  The nonprofit organization is not required to file a
  bond as provided by Section 394.0202(a)(3).
         Sec. 394.029.  DENIAL OF PERMIT; APPEAL. The commission may
  create a process by which an applicant may appeal a denial of a
  permit under this subchapter.
         (b)  The change in law made by Section 394.0201,
  Transportation Code, as added by this section, applies only to an
  off-premise sign erected or for which the permit expires on or after
  the effective date of this Act. An off-premise sign for which a
  permit is issued before the effective date of this Act is covered by
  the law in effect when the permit was issued, and the former law is
  continued in effect for that purpose.
         SECTION 6.16.  Section 394.050, Transportation Code, is
  amended to read as follows:
         Sec. 394.050.  [BOARD OF] VARIANCE.  The executive director
  or a person designated by the executive director [commission shall
  provide for a board of variance that], in an appropriate case and
  subject to an appropriate condition or safeguard, may make a
  special exception to this chapter regarding a permit for an
  off-premise outdoor sign on a rural road.
         SECTION 6.17.  Section 394.081(c), Transportation Code, is
  amended to read as follows:
         (c)  A civil penalty collected under this section shall be
  deposited to the credit of the Texas highway beautification [state
  highway] fund account if collected by the attorney general and to
  the credit of the county road and bridge fund if collected by a
  district or county attorney.
         SECTION 6.18.  Sections 394.082(a), (d), and (e),
  Transportation Code, are amended to read as follows:
         (a)  In lieu of a suit to collect a civil penalty, the
  commission, after notice and an opportunity for a hearing before
  the commission, may impose an administrative penalty against a
  person who [intentionally] violates this chapter or a rule adopted
  by the commission under this chapter. Each day a violation
  continues is a separate violation.
         (d)  Judicial review of an appeal of an administrative
  penalty imposed under this section is under the substantial
  evidence rule [by trial de novo].
         (e)  An administrative penalty collected under this section
  shall be deposited to the credit of the Texas highway
  beautification [state highway] fund account.
  ARTICLE 7. GREEN RIBBON PROJECT
         SECTION 7.01.  Subchapter I, Chapter 201, Transportation
  Code, is amended by adding Section 201.708 to read as follows:
         Sec. 201.708.  EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)  
  For each contract for a highway project that is located in an area
  designated by the United States Environmental Protection Agency as
  a nonattainment or near-nonattainment area under Section 107(d) of
  the federal Clean Air Act (42 U.S.C. Section 7407), the department
  shall allocate to the district or districts in which the project is
  to be located one-half of one percent of the total amount to be
  spent under the contract for construction, maintenance, and
  improvement of the project to be used for landscaping improvements
  for the project or other projects in the district or districts.
         (b)  Landscaping improvements may include:
               (1)  planting of indigenous or adapted trees and other
  plants that are suitable for the climate in the area; and
               (2)  preparing the soil and installing irrigation
  systems for the growth of trees and plants.
         SECTION 7.02.  Chapter 371, Transportation Code, as added by
  Chapter 103 (H.B. 570), Acts of the 80th Legislature, Regular
  Session, 2007, is amended by adding Subchapter C to read as follows:
  SUBCHAPTER C.  CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE
         Sec. 371.101.  EXPENDITURES FOR TOLL PROJECT LANDSCAPING.
  (a)  For each contract for a toll project that is located in an area
  designated by the United States Environmental Protection Agency as
  a nonattainment or near-nonattainment area under Section 107(d) of
  the federal Clean Air Act (42 U.S.C. Section 7407), the toll project
  entity shall allocate to the district or districts in which the
  project is to be located an amount equal to one-half of one percent
  of the total amount to be spent under the contract for construction,
  maintenance, and improvement of the project to be used for
  landscaping improvements for the project or other projects in the
  district or districts.
         (b)  Landscaping improvements may include:
               (1)  planting indigenous or adapted trees and other
  plants that are suitable for the climate in the area; and
               (2)  preparing the soil and installing irrigation
  systems for the growth of trees and plants.
  ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES
  PART 1. GENERAL PROVISIONS
         SECTION 8.1.01.  Title 7, Transportation Code, is amended by
  adding Subtitle M to read as follows:
  SUBTITLE M. TEXAS DEPARTMENT OF MOTOR VEHICLES
  CHAPTER 1001.  ORGANIZATION OF DEPARTMENT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 1001.001.  DEFINITIONS. In this subtitle:
               (1)  "Board" means the board of the department.
               (2)  "Department" means the Texas Department of Motor
  Vehicles.
         Sec. 1001.002.  CREATION OF DEPARTMENT; DUTIES. (a) The
  department is created as an agency of this state.
         (b)  In addition to the other duties required of the Texas
  Department of Motor Vehicles, the department shall administer and
  enforce:
               (1)  Subtitle A;
               (2)  Subtitle E, Title 7;
               (3)  Chapters 642, 643, 645, 646, and 648;
               (4)  Chapters 2301 and 2302, Occupations Code; and
               (5)  Article 4413(37), Revised Statutes.
         Sec. 1001.003.  COMPOSITION OF DEPARTMENT. The department
  is composed of an executive director appointed by the board and
  other employees required to efficiently implement:
               (1)  this subtitle;
               (2)  other applicable vehicle laws of this state; and
               (3)  other laws that grant jurisdiction to or are
  applicable to the department.
         Sec. 1001.004.  DIVISIONS.  The board shall organize the
  department into divisions to accomplish the department's functions
  and the duties assigned to it, including divisions for:
               (1)  administration;
               (2)  automobile burglary and theft prevention;
               (3)  motor carriers;
               (4)  motor vehicle board; and
               (5)  vehicle titles and registration.
         Sec. 1001.005.  SUNSET PROVISION. The department is subject
  to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the department
  is abolished September 1, 2015.
  [Sections 1001.006-1001.020 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DEPARTMENT OF MOTOR VEHICLES
         Sec. 1001.021.  BOARD.  (a)  The board consists of seven
  members appointed by the governor with the advice and consent of the
  senate.  Appointments to the board shall be made without regard to
  the race, color, disability, sex, religion, age, or national origin
  of the appointees.
         (b)  Two members shall be appointed to represent motor
  vehicle dealers; one member shall be appointed to represent county
  tax assessor-collectors; one member shall be appointed to represent
  the motor carrier industry; one member shall be appointed to
  represent law enforcement agencies; and two members shall be
  appointed to represent the general public. The member appointed to
  represent law enforcement agencies may not be a state employee.
         (c)  A person may not be a public member of the board if the
  person or the person's spouse:
               (1)  is registered, certified, or licensed by the
  department;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the department;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the department;
  or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the department other than
  compensation or reimbursement authorized by law for board
  membership, attendance, or expenses.
         Sec. 1001.022.  TERMS.  Members of the board serve staggered
  six-year terms, with the terms of either one or two members expiring
  February 1 of each odd-numbered year.
         Sec. 1001.023.  PRESIDING OFFICER OF BOARD.  (a)  The
  governor shall designate a member of the board as the presiding
  officer of the board to serve in that capacity at the pleasure of
  the governor.
         (b)  The presiding officer shall:
               (1)  preside over board meetings, make rulings on
  motions and points of order, and determine the order of business;
               (2)  create subcommittees, appoint board members to
  subcommittees, and receive the reports of subcommittees to the
  board as a whole; and
               (3)  appoint a member of the board to act in the
  presiding officer's absence.
         Sec. 1001.024.  BOARD MEETINGS.  The board shall hold
  regular meetings at least once a month and special meetings at the
  call of the presiding officer.  Board members shall attend the
  meetings of the board.  The presiding officer shall oversee the
  preparation of an agenda for each meeting and ensure that a copy is
  provided to each board member at least seven days before the
  meeting.
         Sec. 1001.025.  COMPENSATION.  A member of the board is not
  entitled to compensation, but each member is entitled to
  reimbursement for actual and necessary expenses as provided by the
  General Appropriations Act.
         Sec. 1001.026.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
  removal from the board that a board member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 1001.021;
               (2)  does not maintain during service on the board the
  qualifications required by Section 1001.021;
               (3)  is ineligible for membership under Section
  1001.021(c), 1007.002, or 1007.003;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled board meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority
  vote of the board.
         (b)  The validity of an action of the board is not affected by
  the fact that it is taken when a ground for removal of a board member
  exists.
         (c)  If the executive director of the department has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the board of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the executive director shall notify the next
  highest ranking officer of the board, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         Sec. 1001.027.  TRAINING ON DEPARTMENT AND CERTAIN LAWS
  RELATING TO DEPARTMENT.  (a)  A person who is appointed to and
  qualifies for office as a member of the board may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board until the person completes a training program that
  complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  the legislation that created the department;
               (2)  the programs, functions, rules, and budget of the
  department;
               (3)  the results of the most recent formal audit of the
  department;
               (4)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (5)  any applicable ethics policies adopted by the
  department or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         Sec. 1001.028.  TECHNOLOGICAL SOLUTIONS. The board shall
  implement a policy requiring the department to use appropriate
  technological solutions to improve the department's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the department on the Internet.
         Sec. 1001.029.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION PROCEDURES. (a) The board shall develop and implement a
  policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
  [Sections 1001.030-1001.040 reserved for expansion]
  SUBCHAPTER C.  PERSONNEL
         Sec. 1001.041.  DIVISION OF RESPONSIBILITIES. The board
  shall develop and implement policies that clearly separate the
  policymaking responsibilities of the board and the management
  responsibilities of the executive director and the staff of the
  department.
  CHAPTER 1002. RULES
         Sec. 1002.001.  GENERAL RULEMAKING AUTHORITY. The board may
  adopt any rules necessary and appropriate to implement the powers
  and duties of the department under this code and other laws of this
  state.
  [Chapters 1003-1005 reserved for expansion]
  CHAPTER 1006.  PUBLIC ACCESS
         Sec. 1006.001.  ACCESS TO PROGRAMS AND FACILITIES. (a) The
  department shall prepare and maintain a written plan that describes
  how a person who does not speak English may be provided reasonable
  access to the department's programs.
         (b)  The department shall comply with federal and state laws
  for program and facility accessibility.
         Sec. 1006.002.  PUBLIC COMMENT. The board shall develop and
  implement policies that provide the public with a reasonable
  opportunity to appear before the board and to speak on any issue
  under the jurisdiction of the department.
         Sec. 1006.003.  COMPLAINT PROCEDURES. (a) The department
  shall maintain a system to promptly and efficiently act on
  complaints filed with the department. The department shall
  maintain information about parties to the complaint, the subject
  matter of the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The department shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
  CHAPTER 1007.  STANDARDS OF CONDUCT
         Sec. 1007.001.  APPLICATION OF LAW RELATING TO ETHICAL
  CONDUCT. The board, the executive director, and each employee or
  agent of the department is subject to the code of ethics and the
  standard of conduct imposed by Chapter 572, Government Code, and
  any other law regulating the ethical conduct of state officers and
  employees.
         Sec. 1007.002.  CONFLICTS OF INTEREST. (a) In this section,
  "Texas trade association" means a cooperative and voluntarily
  joined statewide association of business or professional
  competitors in this state designed to assist its members and its
  industry or profession in dealing with mutual business or
  professional problems and in promoting their common interest.
         (b)  A person may not be a member of the board and may not be a
  department employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.) if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the motor vehicle or
  motor carrier industry or of a tax assessor-collector or law
  enforcement trade association; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the motor vehicle or
  motor carrier industry or of a tax assessor-collector or law
  enforcement trade association.
         (c)  A person may not be a member of the board or act as the
  general counsel to the board or the department if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the department.
         Sec. 1007.003.  LOBBYING ACTIVITIES. A person may not serve
  as the executive director or act as the general counsel to the
  department if the person is required to register as a lobbyist under
  Chapter 305, Government Code, because of the person's activities
  for compensation on behalf of an occupation related to the
  operation of the department.
  PART 2.  TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT OF
  TRANSPORTATION
  SUBPART A. GENERAL PROVISIONS AND ADMINISTRATION
         SECTION 8.2A.01.  Section 201.931(2), Transportation Code,
  is amended to read as follows:
               (2)  "License" includes[:
                     [(A)     a permit issued by the department that
  authorizes the operation of a vehicle and its load or a combination
  of vehicles and load exceeding size or weight limitations;
                     [(B)     a motor carrier registration issued under
  Chapter 643;
                     [(C)     a vehicle storage facility license issued
  under Chapter 2303, Occupations Code;
                     [(D)]  a license or permit for outdoor advertising
  issued under Chapter 391 or 394[;
                     [(E)     a salvage vehicle dealer or agent license
  issued under Chapter 2302, Occupations Code;
                     [(F)     specially designated or specialized license
  plates issued under Subchapters E and F, Chapter 502; and
                     [(G)     an apportioned registration issued
  according to the International Registration Plan under Section
  502.054].
  SUBPART B. STATE HIGHWAY TOLL PROJECTS
         SECTION 8.2B.01.  Sections 228.055(b) and (h),
  Transportation Code, are amended to read as follows:
         (b)  The department may impose and collect the
  administrative fee, so as to recover the cost of collecting the
  unpaid toll, not to exceed $100.  The department shall send a
  written notice of nonpayment to the registered owner of the vehicle
  at that owner's address as shown in the vehicle registration
  records of the Texas Department of Motor Vehicles [department] by
  first class mail and may require payment not sooner than the 30th
  day after the date the notice was mailed.  The registered owner
  shall pay a separate toll and administrative fee for each event of
  nonpayment under Section 228.054.
         (h)  In this section, "registered owner" means the owner of a
  vehicle as shown on the vehicle registration records of the Texas
  Department of Motor Vehicles [department] or the analogous
  department or agency of another state or country.
         SECTION 8.2B.02.  Section 228.056(b), Transportation Code,
  is amended to read as follows:
         (b)  In the prosecution of an offense under Section
  228.055(c), (d), or (e):
               (1)  it is presumed that the notice of nonpayment was
  received on the fifth day after the date of mailing;
               (2)  a computer record of the Texas Department of Motor
  Vehicles [department] of the registered owner of the vehicle is
  prima facie evidence of its contents and that the defendant was the
  registered owner of the vehicle when the underlying event of
  nonpayment under Section 228.054 occurred; and
               (3)  a copy of the rental, lease, or other contract
  document covering the vehicle on the date of the underlying event of
  nonpayment under Section 228.054 is prima facie evidence of its
  contents and that the defendant was the lessee of the vehicle when
  the underlying event of nonpayment under Section 228.054 occurred.
  SUBPART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
  HIGHWAYS IN CERTAIN COUNTIES
         SECTION 8.2C.01.  Sections 284.0701(b), (e), and (h),
  Transportation Code, are amended to read as follows:
         (b)  The county may impose and collect the administrative
  cost so as to recover the expense of collecting the unpaid toll, not
  to exceed $100.  The county shall send a written notice of
  nonpayment to the registered owner of the vehicle at that owner's
  address as shown in the vehicle registration records of the Texas
  Department of Motor Vehicles [department] by first-class mail not
  later than the 30th day after the date of the alleged failure to pay
  and may require payment not sooner than the 30th day after the date
  the notice was mailed. The registered owner shall pay a separate
  toll and administrative cost for each event of nonpayment under
  Section 284.070.
         (e)  It is an exception to the application of Subsection (a)
  or (c) if the registered owner of the vehicle transferred ownership
  of the vehicle to another person before the event of nonpayment
  under Section 284.070 occurred, submitted written notice of the
  transfer to the Texas Department of Motor Vehicles [department] in
  accordance with Section 520.023, and before the 30th day after the
  date the notice of nonpayment is mailed, provides to the county the
  name and address of the person to whom the vehicle was transferred.
  If the former owner of the vehicle provides the required
  information within the period prescribed, the county may send a
  notice of nonpayment to the person to whom ownership of the vehicle
  was transferred at the address provided by the former owner by
  first-class mail before the 30th day after the date of receipt of
  the required information from the former owner. The subsequent
  owner of the vehicle for which the proper toll was not paid who is
  mailed a written notice of nonpayment under this subsection and
  fails to pay the proper toll and administrative cost within the time
  specified by the notice of nonpayment commits an offense. The
  subsequent owner shall pay a separate toll and administrative cost
  for each event of nonpayment under Section 284.070. Each failure to
  pay a toll or administrative cost under this subsection is a
  separate offense.
         (h)  In this section, "registered owner" means the owner of a
  vehicle as shown on the vehicle registration records of the Texas
  Department of Motor Vehicles [department] or the analogous
  department or agency of another state or country.
  SUBPART D. CERTIFICATE OF TITLE ACT
         SECTION 8.2D.01.  Section 501.002(3), Transportation Code,
  is amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART E. REGISTRATION OF VEHICLES
         SECTION 8.2E.01.  Section 502.001(3), Transportation Code,
  is amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.2E.02.  Sections 502.053(a) and (b),
  Transportation Code, are amended to read as follows:
         (a)  The department [Texas Department of Transportation]
  shall reimburse the Texas Department of Criminal Justice for the
  cost of manufacturing license plates or registration insignia as
  the license plates or insignia and the invoice for the license
  plates or insignia are delivered to the department [Texas
  Department of Transportation].
         (b)  When manufacturing is started, the Texas Department of
  Criminal Justice, the department [Texas Department of
  Transportation], and the comptroller, after negotiation, shall set
  the price to be paid for each license plate or insignia.  The price
  must be determined from:
               (1)  the cost of metal, paint, and other materials
  purchased;
               (2)  the inmate maintenance cost per day;
               (3)  overhead expenses;
               (4)  miscellaneous charges; and
               (5)  a previously approved amount of profit for the
  work.
  SUBPART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
         SECTION 8.2F.01.  Section 503.001(5), Transportation Code,
  is amended to read as follows:
               (5)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.2F.02.  Section 503.003, Transportation Code, is
  amended to read as follows:
         Sec. 503.003.  DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
  TRAILER.  This chapter does not prohibit the display or sale of a
  nonmotorized vehicle or trailer at a regularly scheduled vehicle or
  boat show with multiple vendors in accordance with [commission]
  rules of the board of the Texas Department of Motor Vehicles.
         SECTION 8.2F.03.  Section 503.009(c), Transportation Code,
  is amended to read as follows:
         (c)  A decision or final order issued under this section is
  final and may not be appealed, as a matter of right, to the board of
  the Texas Department of Motor Vehicles [commission].
         SECTION 8.2F.04.  Sections 503.010 and 503.011,
  Transportation Code, are amended to read as follows:
         Sec. 503.010.  TERM OF GENERAL DISTINGUISHING NUMBER,
  LICENSE, OR LICENSE PLATE.  Each general distinguishing number,
  license, or license plate issued under this chapter is valid for the
  period prescribed by the board of the Texas Department of Motor
  Vehicles [commission].
         Sec. 503.011.  PRORATING FEES.  If the board of the Texas
  Department of Motor Vehicles [commission] prescribes the term of a
  general distinguishing number, license, or license plate under this
  chapter for a period other than one year, the board of the Texas
  Department of Motor Vehicles [commission] shall prorate the
  applicable annual fee required under this chapter as necessary to
  reflect the term of the number, license, or license plate.
         SECTION 8.2F.05.  Section 503.031(a), Transportation Code,
  is amended to read as follows:
         (a)  An applicant for a drive-a-way in-transit license must
  submit to the board of the Texas Department of Motor Vehicles
  [commission] an application containing the information required by
  the board of the Texas Department of Motor Vehicles [commission].
         SECTION 8.2F.06.  Section 503.001(2), Transportation Code,
  is repealed.
  SUBPART G. MISCELLANEOUS PROVISIONS
         SECTION 8.2G.01.  Section 520.001, Transportation Code, is
  amended to read as follows:
         Sec. 520.001.  DEFINITION.  In this chapter, "department"
  means the Texas Department of Motor Vehicles [Transportation].
  SUBPART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
         SECTION 8.2H.01.  Section 551.302, Transportation Code, is
  amended to read as follows:
         Sec. 551.302.  REGISTRATION.  The Texas Department of Motor
  Vehicles [Transportation] may adopt rules relating to the
  registration and issuance of license plates to neighborhood
  electric vehicles.
  SUBPART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
         SECTION 8.2I.01.  Section 601.023, Transportation Code, is
  amended to read as follows:
         Sec. 601.023.  PAYMENT OF STATUTORY FEES.  The department
  may pay:
               (1)  a statutory fee required by the Texas Department
  of Motor Vehicles [Transportation] for a certified abstract or in
  connection with suspension of a vehicle registration; or
               (2)  a statutory fee payable to the comptroller for
  issuance of a certificate of deposit required by Section 601.122.
         SECTION 8.2I.02.  Section 601.451, Transportation Code, as
  added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
  Regular Session, 2005, is amended to read as follows:
         Sec. 601.451.  DEFINITION.  In this subchapter,
  "implementing agencies" means:
               (1)  the department;
               (2)  the Texas Department of Motor Vehicles 
  [Transportation];
               (3)  the Texas Department of Insurance; and
               (4)  the Department of Information Resources.
         SECTION 8.2I.03.  Subchapter N, Chapter 601, Transportation
  Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
  Legislature, Regular Session, 2003, is repealed.
  SUBPART J. GENERAL PROVISIONS RELATING TO VEHICLE SIZE AND WEIGHT
         SECTION 8.2J.01.  Sections 621.001(2), (3), and (4),
  Transportation Code, are amended to read as follows:
               (2)  "Board" ["Commission"] means the board of the
  Texas Department of Motor Vehicles [Transportation Commission].
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
               (4)  "Commissioner" ["Director"] means the
  commissioner of motor vehicles [executive director of the Texas
  Department of Transportation].
         SECTION 8.2J.02.  Section 621.003(a), Transportation Code,
  is amended to read as follows:
         (a)  The board [commission] by rule may authorize the
  commissioner [director] to enter into with the proper authority of
  another state an agreement that authorizes:
               (1)  the authority of the other state to issue on behalf
  of the department to the owner or operator of a vehicle, or
  combination of vehicles, that exceeds the weight or size limits
  allowed by this state a permit that authorizes the operation or
  transportation on a highway in this state of the vehicle or
  combination of vehicles; and
               (2)  the department to issue on behalf of the authority
  of the other state to the owner or operator of a vehicle, or
  combination of vehicles, that exceeds the weight or size limits
  allowed by that state a permit that authorizes the operation or
  transportation on a highway of that state of the vehicle or
  combination of vehicles.
         SECTION 8.2J.03.  Section 621.004, Transportation Code, is
  amended to read as follows:
         Sec. 621.004.  ADMISSIBILITY OF CERTIFICATE OF VERTICAL
  CLEARANCE.  In each civil or criminal proceeding in which a
  violation of this chapter may be an issue, a certificate of the
  vertical clearance of a structure, including a bridge or underpass,
  signed by the commissioner [director] is admissible in evidence for
  all purposes.
         SECTION 8.2J.04.  Subchapter A, Chapter 621, Transportation
  Code, is amended by adding Section 621.008 to read as follows:
         Sec. 621.008.  STUDY REGARDING OVERSIZE AND OVERWEIGHT
  VEHICLES.  (a)  In this section, "division" means the motor carrier
  division of the Texas Department of Motor Vehicles.
         (b)  The division shall conduct a study to determine
  improvements to the regulation of oversize and overweight vehicles.
         (c)  In conducting the study, the division shall consider:
               (1)  prohibiting overweight vehicles or vehicle
  combinations from traveling on state highways if the vehicle or
  combination will cause damage to a road or bridge, based on the
  weight or load specifications to which the road or bridge was built;
               (2)  requiring each applicant for a permit under
  Chapter 623 to pay a graduated highway maintenance fee based on
  weight and the amount of damage done by the permitted vehicle or
  vehicle combination to roads and bridges;
               (3)  requiring each fee collected for an overweight or
  oversize vehicle permit to be deposited in the state highway fund;
  and
               (4)  eliminating all exemptions for overweight
  vehicles.
         (d)  Not later than September 1, 2010, the division shall
  report the results of the study conducted under this section to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and the appropriate oversight committee of each
  house of the legislature.
         (e)  This section expires September 1, 2011.
         SECTION 8.2J.05.  Section 621.102, Transportation Code, is
  amended to read as follows:
         Sec. 621.102.  BOARD'S [COMMISSION'S] AUTHORITY TO SET
  MAXIMUM WEIGHTS.  (a)  The board [commission] may set the maximum
  single axle weight, tandem axle weight, or gross weight of a
  vehicle, or maximum single axle weight, tandem axle weight, or
  gross weight of a combination of vehicles and loads, that may be
  moved over a state highway or a farm or ranch road if the board
  [commission] finds that heavier maximum weight would rapidly
  deteriorate or destroy the road or a bridge or culvert along the
  road. A maximum weight set under this subsection may not exceed the
  maximum set by statute for that weight.
         (b)  The board [commission] must set a maximum weight under
  this section by order entered in its minutes.
         (c)  The board [commission] must make the finding under this
  section on an engineering and traffic investigation and in making
  the finding shall consider the width, condition, and type of
  pavement structures and other circumstances on the road.
         (d)  A maximum weight or load set under this section becomes
  effective on a highway or road when appropriate signs giving notice
  of the maximum weight or load are erected on the highway or road
  under order of the board [commission].
         (e)  A vehicle operating under a permit issued under Section
  623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
  623.212 may operate under the conditions authorized by the permit
  over a road for which the board [commission] has set a maximum
  weight under this section.
         (f)  For the purpose of this section, a farm or ranch road is
  a state highway that is shown in the records of the board
  [commission] to be a farm-to-market or ranch-to-market road.
         (g)  This section does not apply to a vehicle delivering
  groceries, farm products, or liquefied petroleum gas.
         SECTION 8.2J.06.  The heading to Section 621.202,
  Transportation Code, is amended to read as follows:
         Sec. 621.202.  BOARD'S [COMMISSION'S] AUTHORITY TO SET
  MAXIMUM WIDTH.
         SECTION 8.2J.07.  Section 621.202(a), Transportation Code,
  is amended to read as follows:
         (a)  To comply with safety and operational requirements of
  federal law, the board [commission] by order may set the maximum
  width of a vehicle, including the load on the vehicle, at eight feet
  for a designated highway or segment of a highway if the results of
  an engineering and traffic study that includes an analysis of
  structural capacity of bridges and pavements, traffic volume,
  unique climatic conditions, and width of traffic lanes support the
  change.
         SECTION 8.2J.08.  Section 621.301(b), Transportation Code,
  is amended to read as follows:
         (b)  The commissioners court may limit the maximum weights to
  be moved on or over a county road, bridge, or culvert by exercising
  its authority under this subsection in the same manner and under the
  same conditions provided by Section 621.102 for the board
  [commission] to limit maximum weights on highways and roads to
  which that section applies.
         SECTION 8.2J.09.  Section 621.352(a), Transportation Code,
  is amended to read as follows:
         (a)  The board [commission] by rule may establish fees for
  the administration of Section 621.003 in an amount that, when added
  to the other fees collected by the department, does not exceed the
  amount sufficient to recover the actual cost to the department of
  administering that section. An administrative fee collected under
  this section shall be sent to the comptroller for deposit to the
  credit of the state highway fund and may be appropriated only to the
  department for the administration of Section 621.003.
         SECTION 8.2J.10.  Section 621.356, Transportation Code, is
  amended to read as follows:
         Sec. 621.356.  FORM OF PAYMENT.  The board [commission] may
  adopt rules prescribing the method for payment of a fee for a permit
  issued by the department that authorizes the operation of a vehicle
  and its load or a combination of vehicles and load exceeding size or
  weight limitations. The rules may:
               (1)  authorize the use of electronic funds transfer or
  a credit card issued by:
                     (A)  a financial institution chartered by a state
  or the federal government; or
                     (B)  a nationally recognized credit organization
  approved by the board [commission]; and
               (2)  require the payment of a discount or service
  charge for a credit card payment in addition to the fee.
  SUBPART K. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR
  OVERWEIGHT VEHICLES
         SECTION 8.2K.01.  Section 622.001, Transportation Code, is
  amended to read as follows:
         Sec. 622.001.  DEFINITION.  In this chapter, "department"
  means the Texas Department of Motor Vehicles [Transportation].
         SECTION 8.2K.02.  Section 622.101(a), Transportation Code,
  is amended to read as follows:
         (a)  A single motor vehicle used exclusively to transport
  chile pepper modules, seed cotton, cotton, cotton burrs, or
  equipment used to transport or process chile pepper modules or
  cotton, including a motor vehicle or burr spreader, may not be
  operated on a highway or road if the vehicle is:
               (1)  wider than 10 feet and the highway has not been
  designated by the board [commission] under Section 621.202;
               (2)  longer than 48 feet; or
               (3)  higher than 14 feet 6 inches.
  SUBPART L. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES
         SECTION 8.2L.01.  Section 623.001, Transportation Code, is
  amended by amending Subdivision (1) and adding Subdivision (4) to
  read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
               (4)  "Board" means the board of the Texas Department of
  Motor Vehicles.
         SECTION 8.2L.02.  Section 623.051, Transportation Code, is
  amended to read as follows:
         Sec. 623.051.  CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT
  VEHICLE TO CROSS ROAD; SURETY BOND.  (a)  A person may operate a
  vehicle that cannot comply with one or more of the restrictions of
  Subchapter C of Chapter 621 or Section 621.101 to cross the width of
  any road or highway under the jurisdiction of the department, other
  than a controlled access highway as defined by Section 203.001,
  from private property to other private property if the person
  contracts with the Texas Transportation Commission [commission] to
  indemnify the department for the cost of maintenance and repair of
  the part of the highway crossed by the vehicle.
         (b)  The Texas Transportation Commission [commission] shall
  adopt rules relating to the forms and procedures to be used under
  this section and other matters that the commission considers
  necessary to carry out this section.
         (c)  To protect the safety of the traveling public, minimize
  any delays and inconveniences to the operators of vehicles in
  regular operation, and assure payment for the added wear on the
  highways in proportion to the reduction of service life, the Texas
  Transportation Commission [commission], in adopting rules under
  this section, shall consider:
               (1)  the safety and convenience of the general
  traveling public;
               (2)  the suitability of the roadway and subgrade on the
  road or highway to be crossed, variation in soil grade prevalent in
  the different regions of the state, and the seasonal effects on
  highway load capacity, the highway shoulder design, and other
  highway geometrics; and
               (3)  the state's investment in its highway system.
         (d)  Before exercising any right under a contract under this
  section, a person must execute with a corporate surety authorized
  to do business in this state a surety bond in an amount determined
  by the Texas Transportation Commission [commission] to compensate
  for the cost of maintenance and repairs as provided by this section.
  The bond must be approved by the comptroller and the attorney
  general and must be conditioned on the person fulfilling the
  obligations of the contract.
         SECTION 8.2L.03.  Sections 623.076(b) and (c),
  Transportation Code, are amended to read as follows:
         (b)  The board [Texas Transportation Commission] may adopt
  rules for the payment of a fee under Subsection (a). The rules may:
               (1)  authorize the use of electronic funds transfer;
               (2)  authorize the use of a credit card issued by:
                     (A)  a financial institution chartered by a state
  or the United States; or
                     (B)  a nationally recognized credit organization
  approved by the board [Texas Transportation Commission]; and
               (3)  require the payment of a discount or service
  charge for a credit card payment in addition to the fee prescribed
  by Subsection (a).
         (c)  An application for a permit under Section 623.071(c)(3)
  or (d) must be accompanied by the permit fee established by the
  board [commission] for the permit, not to exceed $7,000.  Of each
  fee collected under this subsection, the department shall send:
               (1)  the first $1,000 to the comptroller for deposit to
  the credit of the general revenue fund; and
               (2)  any amount in excess of $1,000 to the comptroller
  for deposit to the credit of the state highway fund.
         SECTION 8.2L.04.  Sections 623.145, 623.146, 623.195,
  623.196, 623.232, and 623.239, Transportation Code, are amended to
  read as follows:
         Sec. 623.145.  RULES; FORMS AND PROCEDURES; FEES.  (a)  The
  board [Texas Transportation Commission] by rule shall provide for
  the issuance of permits under this subchapter. The rules must
  include each matter the board [commission] determines necessary to
  implement this subchapter and:
               (1)  requirements for forms and procedures used in
  applying for a permit;
               (2)  conditions with regard to route and time of
  movement;
               (3)  requirements for flags, flaggers, and warning
  devices;
               (4)  the fee for a permit; and
               (5)  standards to determine whether a permit is to be
  issued for one trip only or for a period established by the board 
  [commission].
         (b)  In adopting a rule or establishing a fee, the board
  [commission] shall consider and be guided by:
               (1)  the state's investment in its highway system;
               (2)  the safety and convenience of the general
  traveling public;
               (3)  the registration or license fee paid on the
  vehicle for which the permit is requested;
               (4)  the fees paid by vehicles operating within legal
  limits;
               (5)  the suitability of roadways and subgrades on the
  various classes of highways of the system;
               (6)  the variation in soil grade prevalent in the
  different regions of the state;
               (7)  the seasonal effects on highway load capacity;
               (8)  the highway shoulder design and other highway
  geometrics;
               (9)  the load capacity of the highway bridges;
               (10)  administrative costs;
               (11)  added wear on highways; and
               (12)  compensation for inconvenience and necessary
  delays to highway users.
         Sec. 623.146.  VIOLATION OF RULE.  A permit under this
  subchapter is void on the failure of an owner or the owner's
  representative to comply with a rule of the board [commission] or
  with a condition placed on the permit, and immediately on the
  violation, further movement over the highway of an oversize or
  overweight vehicle violates the law regulating the size or weight
  of a vehicle on a public highway.
         Sec. 623.195.  RULES; FORMS AND PROCEDURES; FEES.  (a)  The
  board [Texas Transportation Commission] by rule shall provide for
  the issuance of a permit under this subchapter. The rules must
  include each matter the board [commission] determines necessary to
  implement this subchapter and:
               (1)  requirements for forms and procedures used in
  applying for a permit;
               (2)  conditions with regard to route and time of
  movement;
               (3)  requirements for flags, flaggers, and warning
  devices;
               (4)  the fee for a permit; and
               (5)  standards to determine whether a permit is to be
  issued for one trip only or for a period established by the board 
  [commission].
         (b)  In adopting a rule or establishing a fee, the board
  [commission] shall consider and be guided by:
               (1)  the state's investment in its highway system;
               (2)  the safety and convenience of the general
  traveling public;
               (3)  the registration or license fee paid on the
  vehicle for which the permit is requested;
               (4)  the fees paid by vehicles operating within legal
  limits;
               (5)  the suitability of roadways and subgrades on the
  various classes of highways of the system;
               (6)  the variation in soil grade prevalent in the
  different regions of the state;
               (7)  the seasonal effects on highway load capacity;
               (8)  the highway shoulder design and other highway
  geometrics;
               (9)  the load capacity of highway bridges;
               (10)  administrative costs;
               (11)  added wear on highways; and
               (12)  compensation for inconvenience and necessary
  delays to highway users.
         Sec. 623.196.  VIOLATION OF RULE.  A permit under this
  subchapter is void on the failure of an owner or the owner's
  representative to comply with a rule of the board [commission] or
  with a condition placed on the permit, and immediately on the
  violation, further movement over a highway of an oversize or
  overweight vehicle violates the law regulating the size or weight
  of a vehicle on a public highway.
         Sec. 623.232.  ISSUANCE OF PERMITS.  The board [Texas
  Transportation Commission] may authorize the district to issue
  permits for the movement of oversize or overweight vehicles
  carrying cargo on state highways located in Victoria County.
         Sec. 623.239.  RULES.  The board [Texas Transportation
  Commission] may adopt rules necessary to implement this subchapter.
         SECTION 8.2L.05.  Section 623.252(a), Transportation Code,
  is amended to read as follows:
         (a)  The board [Texas Transportation Commission] may
  authorize the county to issue permits for the movement of oversize
  or overweight vehicles carrying cargo on state highways located in
  Chambers County.
         SECTION 8.2L.06.  Section 623.259, Transportation Code, is
  amended to read as follows:
         Sec. 623.259.  RULES.  The board [Texas Transportation
  Commission] may adopt rules necessary to implement this subchapter.
  SUBPART M. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR
  VEHICLES
         SECTION 8.2M.01.  Section 642.002(d), Transportation Code,
  is amended to read as follows:
         (d)  The Texas Department of Motor Vehicles [Transportation]
  by rule may prescribe additional requirements regarding the form of
  the markings required by Subsection (a)(2) that are not
  inconsistent with that subsection.
  SUBPART N.  MOTOR CARRIER REGISTRATION
         SECTION 8.2N.01.  Section 643.001(1), Transportation Code,
  is amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART O.  SINGLE STATE REGISTRATION
         SECTION 8.2O.01.  Section 645.001, Transportation Code, is
  amended to read as follows:
         Sec. 645.001.  FEDERAL MOTOR CARRIER REGISTRATION.  The
  Texas Department of Motor Vehicles [Transportation] may, to the
  fullest extent practicable, participate in a federal motor carrier
  registration program under the unified carrier registration system
  as defined by Section 643.001 or a [the] single state registration
  system established under federal law [49 U.S.C. Section 14504].
  SUBPART P.  MOTOR TRANSPORTATION BROKERS
         SECTION 8.2P.01.  Section 646.003(a), Transportation Code,
  is amended to read as follows:
         (a)  A person may not act as a motor transportation broker
  unless the person provides a bond to the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART Q.  FOREIGN COMMERCIAL MOTOR TRANSPORTATION
         SECTION 8.2Q.01.  Section 648.002, Transportation Code, is
  amended to read as follows:
         Sec. 648.002.  RULES. In addition to rules required by this
  chapter, the Texas Department of Motor Vehicles [Transportation],
  the Department of Public Safety, and the Texas Department of
  Insurance may adopt other rules to carry out this chapter.
  SUBPART R. ABANDONED MOTOR VEHICLES
         SECTION 8.2R.01.  Section 683.001(1), Transportation Code,
  is amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART S. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
         SECTION 8.2S.01.  Section 702.001(1), Transportation Code,
  is amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART T. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
         SECTION 8.2T.01.  Section 707.001(2), Transportation Code,
  is amended to read as follows:
               (2)  "Owner of a motor vehicle" means the owner of a
  motor vehicle as shown on the motor vehicle registration records of
  the Texas Department of Motor Vehicles [Transportation] or the
  analogous department or agency of another state or country.
         SECTION 8.2T.02.  Section 707.011(b), Transportation Code,
  is amended to read as follows:
         (b)  Not later than the 30th day after the date the violation
  is alleged to have occurred, the designated department, agency, or
  office of the local authority or the entity with which the local
  authority contracts under Section 707.003(a)(1) shall mail the
  notice of violation to the owner at:
               (1)  the owner's address as shown on the registration
  records of the Texas Department of Motor Vehicles [Transportation];
  or
               (2)  if the vehicle is registered in another state or
  country, the owner's address as shown on the motor vehicle
  registration records of the department or agency of the other state
  or country analogous to the Texas Department of Motor Vehicles
  [Transportation].
         SECTION 8.2T.03.  Section 707.017, Transportation Code, is
  amended to read as follows:
         Sec. 707.017.  ENFORCEMENT.  If the owner of a motor vehicle
  is delinquent in the payment of a civil penalty imposed under this
  chapter, the county assessor-collector or the Texas Department of
  Motor Vehicles [Transportation] may refuse to register a motor
  vehicle alleged to have been involved in the violation.
  SUBPART U. SALE OR LEASE OF MOTOR VEHICLES
         SECTION 8.2U.01.  Section 2301.002(9), Occupations Code, is
  amended to read as follows:
               (9)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.2U.02.  Section 2301.002(33), Occupations Code,
  is repealed.
  SUBPART V. SALVAGE VEHICLE DEALERS
         SECTION 8.2V.01.  Sections 2302.001(2) and (3), Occupations
  Code, are amended to read as follows:
               (2)  "Board" ["Commission"] means the board of the
  Texas Department of Motor Vehicles [Transportation Commission].
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.2V.02.  Section 2302.0015(b), Occupations Code,
  is amended to read as follows:
         (b)  For the purpose of enforcing or administering this
  chapter or Chapter 501 or 502, Transportation Code, a member of the
  board [commission], an employee or agent of the board [commission]
  or department, a member of the Public Safety Commission, an officer
  of the Department of Public Safety, or a peace officer may at a
  reasonable time:
               (1)  enter the premises of a business regulated under
  one of those chapters; and
               (2)  inspect or copy any document, record, vehicle,
  part, or other item regulated under one of those chapters.
         SECTION 8.2V.03.  The heading to Subchapter B, Chapter 2302,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  BOARD [COMMISSION] POWERS AND DUTIES
         SECTION 8.2V.04.  Sections 2302.051, 2302.052, and
  2302.053, Occupations Code, are amended to read as follows:
         Sec. 2302.051.  RULES AND ENFORCEMENT POWERS.  The board 
  [commission] shall adopt rules as necessary to administer this
  chapter and may take other action as necessary to enforce this
  chapter.
         Sec. 2302.052.  DUTY TO SET FEES.  The board [commission]
  shall set application fees, license fees, renewal fees, and other
  fees as required to implement this chapter. The board [commission]
  shall set the fees in amounts reasonable and necessary to implement
  and enforce this chapter.
         Sec. 2302.053.  RULES RESTRICTING ADVERTISING OR
  COMPETITIVE BIDDING.  (a)  The board [commission] may not adopt a
  rule under Section 2302.051 restricting advertising or competitive
  bidding by a person who holds a license issued under this chapter
  except to prohibit false, misleading, or deceptive practices by the
  person.
         (b)  The board [commission] may not include in its rules to
  prohibit false, misleading, or deceptive practices a rule that:
               (1)  restricts the use of any advertising medium;
               (2)  restricts the person's personal appearance or use
  of the person's voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the person; or
               (4)  restricts the use of a trade name in advertising by
  the person.
         SECTION 8.2V.05.  Section 2302.108(b), Occupations Code, is
  amended to read as follows:
         (b)  The board [commission] by rule shall establish the
  grounds for denial, suspension, revocation, or reinstatement of a
  license issued under this chapter and the procedures for
  disciplinary action. A rule adopted under this subsection may not
  conflict with a rule adopted by the State Office of Administrative
  Hearings.
         SECTION 8.2V.06.  Section 2302.204, Occupations Code, is
  amended to read as follows:
         Sec. 2302.204.  CASUAL SALES.  This chapter does not apply to
  a person who purchases fewer than three 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 [commission] 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.
  SUBPART W. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
         SECTION 8.2W.01.  Section 1(3), Article 4413(37), Revised
  Statutes, is amended to read as follows:
               (3)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.2W.02.  Section 2, Article 4413(37), Revised
  Statutes, is amended to read as follows:
         Sec. 2.  The Automobile Burglary and Theft Prevention
  Authority is a division [established] in the Texas Department of
  Motor Vehicles [Transportation]. [The authority is not an advisory
  body to the Texas Department of Transportation.]
         SECTION 8.2W.03. Section 3(f), Article 4413(37), Revised
  Statutes, is amended to read as follows:
         (f)  It is a ground for removal from the authority if a
  member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Subsection (b) or is
  disqualified under Subsection (i) or (k) of this section;
               (2)  does not maintain during service on the authority
  the qualifications required by Subsection (b) or becomes
  disqualified under Subsection (i) or (k) of this section;
               (3)  cannot because of illness or disability discharge
  the member's duties for a substantial part of the term for which the
  member is appointed; or
               (4)  is absent from more than half of the regularly
  scheduled authority meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority vote
  of the authority.
         SECTION 8.2W.04.  Sections 6(d) and (i), Article 4413(37),
  Revised Statutes, are repealed.
  PART 3.  CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
  TRANSPORTATION IN OTHER CODES
  SUBPART A. BUSINESS & COMMERCE CODE
         SECTION 8.3A.01.  Section 51.003(b), Business & Commerce
  Code, as effective April 1, 2009, is amended to read as follows:
         (b)  In this chapter, "business opportunity" does not
  include:
               (1)  the sale or lease of an established and ongoing
  business or enterprise that has actively conducted business before
  the sale or lease, whether composed of one or more than one
  component business or enterprise, if the sale or lease represents
  an isolated transaction or series of transactions involving a bona
  fide change of ownership or control of the business or enterprise or
  liquidation of the business or enterprise;
               (2)  a sale by a retailer of goods or services under a
  contract or other agreement to sell the inventory of one or more
  ongoing leased departments to a purchaser who is granted the right
  to sell the goods or services within or adjoining a retail business
  establishment as a department or division of the retail business
  establishment;
               (3)  a transaction that is:
                     (A)  regulated by the Texas Department of
  Licensing and Regulation, the Texas Department of Insurance, the
  Texas Real Estate Commission, or the director of the Motor Vehicle
  Division of the Texas Department of Motor Vehicles 
  [Transportation]; and
                     (B)  engaged in by a person licensed by one of
  those agencies;
               (4)  a real estate syndication;
               (5)  a sale or lease to a business enterprise that also
  sells or leases products, equipment, or supplies or performs
  services:
                     (A)  that are not supplied by the seller; and
                     (B)  that the purchaser does not use with the
  seller's products, equipment, supplies, or services;
               (6)  the offer or sale of a franchise as described by
  the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
  seq.) and its subsequent amendments;
               (7)  the offer or sale of a business opportunity if the
  seller:
                     (A)  has a net worth of $25 million or more
  according to the seller's audited balance sheet as of a date not
  earlier than the 13th month before the date of the transaction; or
                     (B)  is at least 80 percent owned by another
  person who:
                           (i)  in writing unconditionally guarantees
  performance by the person offering the business opportunity plan;
  and
                           (ii)  has a net worth of more than $25
  million according to the person's most recent audited balance sheet
  as of a date not earlier than the 13th month before the date of the
  transaction; or
               (8)  an arrangement defined as a franchise by 16 C.F.R.
  Section 436.2(a) and its subsequent amendments if:
                     (A)  the franchisor complies in all material
  respects in this state with 16 C.F.R. Part 436 and each order or
  other action of the Federal Trade Commission; and
                     (B)  before offering for sale or selling a
  franchise in this state, a person files with the secretary of state
  a notice containing:
                           (i)  the name of the franchisor;
                           (ii)  the name under which the franchisor
  intends to transact business; and
                           (iii)  the franchisor's principal business
  address.
         SECTION 8.3A.02.  Section 105.004(b), Business & Commerce
  Code, as effective April 1, 2009, is amended to read as follows:
         (b)  The Texas Department of Motor Vehicles [Transportation]
  shall provide a notice that states the provisions of this chapter to
  each person with a disability who is issued:
               (1)  license plates under Section 504.201,
  Transportation Code; or
               (2)  a disabled parking placard under Section 681.004,
  Transportation Code.
  SUBPART B. CODE OF CRIMINAL PROCEDURE
         SECTION 8.3B.01.  Section 1(1), Article 42.22, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  "Department" means the Texas Department of Motor
  Vehicles [Transportation].
         SECTION 8.3B.02.  Article 59.04(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  If the property is a motor vehicle, and if there is
  reasonable cause to believe that the vehicle has been registered
  under the laws of this state, the attorney representing the state
  shall ask the Texas Department of Motor Vehicles [Transportation]
  to identify from its records the record owner of the vehicle and any
  interest holder. If the addresses of the owner and interest holder
  are not otherwise known, the attorney representing the state shall
  request citation be served on such persons at the address listed
  with the Texas Department of Motor Vehicles [Transportation]. If
  the citation issued to such address is returned unserved, the
  attorney representing the state shall cause a copy of the notice of
  the seizure and intended forfeiture to be posted at the courthouse
  door, to remain there for a period of not less than 30 days. If the
  owner or interest holder does not answer or appear after the notice
  has been so posted, the court shall enter a judgment by default as
  to the owner or interest holder, provided that the attorney
  representing the state files a written motion supported by
  affidavit setting forth the attempted service. An owner or
  interest holder whose interest is forfeited in this manner shall
  not be liable for court costs. If the person in possession of the
  vehicle at the time of the seizure is not the owner or the interest
  holder of the vehicle, notification shall be provided to the
  possessor in the same manner specified for notification to an owner
  or interest holder.
  SUBPART C. FAMILY CODE
         SECTION 8.3C.01.  Section 157.316(b), Family Code, is
  amended to read as follows:
         (b)  If a lien established under this subchapter attaches to
  a motor vehicle, the lien must be perfected in the manner provided
  by Chapter 501, Transportation Code, and the court or Title IV-D
  agency that rendered the order of child support shall include in the
  order a requirement that the obligor surrender to the court or Title
  IV-D agency evidence of the legal ownership of the motor vehicle
  against which the lien may attach. A lien against a motor vehicle
  under this subchapter is not perfected until the obligor's title to
  the vehicle has been surrendered to the court or Title IV-D agency
  and the Texas Department of Motor Vehicles [Transportation] has
  issued a subsequent title that discloses on its face the fact that
  the vehicle is subject to a child support lien under this
  subchapter.
         SECTION 8.3C.02.  Section 232.0022(a), Family Code, is
  amended to read as follows:
         (a)  The Texas Department of Motor Vehicles [Transportation]
  is the appropriate licensing authority for suspension or nonrenewal
  of a motor vehicle registration under this chapter.
         SECTION 8.3C.03.  Section 232.014(b), Family Code, is
  amended to read as follows:
         (b)  A fee collected by the Texas Department of Motor
  Vehicles [Transportation] or the Department of Public Safety shall
  be deposited to the credit of the state highway fund.
         SECTION 8.3C.04.  Section 264.502(b), Family Code, is
  amended to read as follows:
         (b)  The members of the committee who serve under Subsections
  (a)(1) through (3) shall select the following additional committee
  members:
               (1)  a criminal prosecutor involved in prosecuting
  crimes against children;
               (2)  a sheriff;
               (3)  a justice of the peace;
               (4)  a medical examiner;
               (5)  a police chief;
               (6)  a pediatrician experienced in diagnosing and
  treating child abuse and neglect;
               (7)  a child educator;
               (8)  a child mental health provider;
               (9)  a public health professional;
               (10)  a child protective services specialist;
               (11)  a sudden infant death syndrome family service
  provider;
               (12)  a neonatologist;
               (13)  a child advocate;
               (14)  a chief juvenile probation officer;
               (15)  a child abuse prevention specialist;
               (16)  a representative of the Department of Public
  Safety; and
               (17)  a representative of the Texas Department of Motor
  Vehicles [Transportation].
  SUBPART D.  FINANCE CODE
         SECTION 8.3D.01.  Section 306.001(9), Finance Code, is
  amended to read as follows:
               (9)  "Qualified commercial loan":
                     (A)  means:
                           (i)  a commercial loan in which one or more
  persons as part of the same transaction lends, advances, borrows,
  or receives, or is obligated to lend or advance or entitled to
  borrow or receive, money or credit with an aggregate value of:
                                 (a)  $3 million or more if the
  commercial loan is secured by real property; or
                                 (b)  $250,000 or more if the commercial
  loan is not secured by real property and, if the aggregate value of
  the commercial loan is less than $500,000, the loan documents
  contain a written certification from the borrower that:
                                       (1)  the borrower has been
  advised by the lender to seek the advice of an attorney and an
  accountant in connection with the commercial loan; and
                                       (2)  the borrower has had the
  opportunity to seek the advice of an attorney and accountant of the
  borrower's choice in connection with the commercial loan; and
                           (ii)  a renewal or extension of a commercial
  loan described by Paragraph (A), regardless of the principal amount
  of the loan at the time of the renewal or extension; and
                     (B)  does not include a commercial loan made for
  the purpose of financing a business licensed by the [Motor Vehicle
  Board of the] Texas Department of Motor Vehicles [Transportation]
  under Section 2301.251(a), Occupations Code.
         SECTION 8.3D.02.  Section 348.001(10-a), Finance Code, is
  amended to read as follows:
               (10-a)  "Towable recreation vehicle" means a
  nonmotorized vehicle that:
                     (A)  was originally designed and manufactured
  primarily to provide temporary human habitation in conjunction with
  recreational, camping, or seasonal use;
                     (B)  is titled and registered with the Texas
  Department of Motor Vehicles [Transportation] as a travel trailer
  through a county tax assessor-collector;
                     (C)  is permanently built on a single chassis;
                     (D)  contains at least one life support system;
  and
                     (E)  is designed to be towable by a motor vehicle.
         SECTION 8.3D.03.  Section 348.518, Finance Code, is amended
  to read as follows:
         Sec. 348.518.  SHARING OF INFORMATION.  To ensure consistent
  enforcement of law and minimization of regulatory burdens, the
  commissioner and the Texas Department of Motor Vehicles
  [Transportation] may share information, including criminal history
  information, relating to a person licensed under this chapter.
  Information otherwise confidential remains confidential after it
  is shared under this section.
  SUBPART E. GOVERNMENT CODE
         SECTION 8.3E.01.  Section 411.122(d), Government Code, is
  amended to read as follows:
         (d)  The following state agencies are subject to this
  section:
               (1)  Texas Appraiser Licensing and Certification
  Board;
               (2)  Texas Board of Architectural Examiners;
               (3)  Texas Board of Chiropractic Examiners;
               (4)  State Board of Dental Examiners;
               (5)  Texas Board of Professional Engineers;
               (6)  Texas Funeral Service Commission;
               (7)  Texas Board of Professional Geoscientists;
               (8)  Department of State Health Services, except as
  provided by Section 411.110, and agencies attached to the
  department, including:
                     (A)  Texas State Board of Examiners of Dietitians;
                     (B)  Texas State Board of Examiners of Marriage
  and Family Therapists;
                     (C)  Midwifery Board;
                     (D)  Texas State Perfusionist Advisory Committee 
  [Board of Examiners of Perfusionists];
                     (E)  Texas State Board of Examiners of
  Professional Counselors;
                     (F)  Texas State Board of Social Worker Examiners;
                     (G)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
                     (H)  Advisory Board of Athletic Trainers;
                     (I)  State Committee of Examiners in the Fitting
  and Dispensing of Hearing Instruments;
                     (J)  Texas Board of Licensure for Professional
  Medical Physicists; and
                     (K)  Texas Board of Orthotics and Prosthetics;
               (9)  Texas Board of Professional Land Surveying;
               (10)  Texas Department of Licensing and Regulation,
  except as provided by Section 411.093;
               (11)  Texas Commission on Environmental Quality;
               (12)  Texas Board of Occupational Therapy Examiners;
               (13)  Texas Optometry Board;
               (14)  Texas State Board of Pharmacy;
               (15)  Texas Board of Physical Therapy Examiners;
               (16)  Texas State Board of Plumbing Examiners;
               (17)  Texas State Board of Podiatric Medical Examiners;
               (18)  Polygraph Examiners Board;
               (19)  Texas State Board of Examiners of Psychologists;
               (20)  Texas Real Estate Commission;
               (21)  Board of Tax Professional Examiners;
               (22)  Texas Department of Transportation;
               (23)  State Board of Veterinary Medical Examiners;
               (24)  Texas Department of Housing and Community
  Affairs;
               (25)  secretary of state;
               (26)  state fire marshal;
               (27)  Texas Education Agency; [and]
               (28)  Department of Agriculture; and
               (29)  Texas Department of Motor Vehicles.
  SUBPART F. HEALTH AND SAFETY CODE
         SECTION 8.3F.01.  Section 382.209(e), Health and Safety
  Code, is amended to read as follows:
         (e)  A vehicle is not eligible to participate in a low-income
  vehicle repair assistance, retrofit, and accelerated vehicle
  retirement program established under this section unless:
               (1)  the vehicle is capable of being operated;
               (2)  the registration of the vehicle:
                     (A)  is current; and
                     (B)  reflects that the vehicle has been registered
  in the county implementing the program for the 12 months preceding
  the application for participation in the program;
               (3)  the commissioners court of the county
  administering the program determines that the vehicle meets the
  eligibility criteria adopted by the commission, the Texas
  Department of Motor Vehicles [Transportation], and the Public
  Safety Commission;
               (4)  if the vehicle is to be repaired, the repair is
  done by a repair facility recognized by the Department of Public
  Safety, which may be an independent or private entity licensed by
  the state; and
               (5)  if the vehicle is to be retired under this
  subsection and Section 382.213, the replacement vehicle is a
  qualifying motor vehicle.
         SECTION 8.3F.02.  Section 382.210(f), Health and Safety
  Code, is amended to read as follows:
         (f)  In this section, "total cost" means the total amount of
  money paid or to be paid for the purchase of a motor vehicle as set
  forth as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation].  In a transaction that does not involve
  the use of that form, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Title if that form were involved.
         SECTION 8.3F.03.  Section 461.017(a), Health and Safety
  Code, is amended to read as follows:
         (a)  The Drug Demand Reduction Advisory Committee is
  composed of the following members:
               (1)  five representatives of the public from different
  geographic regions of the state who have knowledge and expertise in
  issues relating to reducing drug demand and who are appointed by the
  commissioner [executive director] of the Department of State Health
  Services [Texas Commission on Alcohol and Drug Abuse]; and
               (2)  one representative of each of the following
  agencies or offices who is appointed by the executive director or
  commissioner of the agency or office and who is directly involved in
  the agency's or office's policies, programs, or funding activities
  relating to reducing drug demand:
                     (A)  the criminal justice division of the
  governor's office;
                     (B)  the Criminal Justice Policy Council;
                     (C)  the Department of Family and Protective [and
  Regulatory] Services;
                     (D)  the Department of Public Safety of the State
  of Texas;
                     (E)  the Health and Human Services Commission;
                     (F)  the Texas Alcoholic Beverage Commission;
                     (G)  the Department of State Health Services 
  [Texas Commission on Alcohol and Drug Abuse];
                     (H)  the Texas Council on Offenders with Mental
  Impairments;
                     (I)  the Texas Department of Criminal Justice;
                     (J)  the [Texas Department of] Health and[;
                     [(K)  the Texas Department of] Human Services
  Commission;
                     (K) [(L)]  the [Texas] Department of Aging and
  Disability Services [Mental Health and Mental Retardation];
                     (L) [(M)]  the Texas Education Agency;
                     (M) [(N)]  the Texas Juvenile Probation
  Commission;
                     (N) [(O)]  the Texas Youth Commission;
                     (O) [(P)]  the Department of Assistive and
  Rehabilitative Services [Texas Rehabilitation Commission];
                     (P) [(Q)]  the Texas Workforce Commission;
                     (Q) [(R)]  the Texas Department of Motor Vehicles
  [Transportation];
                     (R) [(S)]  the comptroller of public accounts;
  and
                     (S) [(T)]  the adjutant general's department.
  SUBPART G. HUMAN RESOURCES CODE
         SECTION 8.3G.01.  Section 22.041, Human Resources Code, is
  amended to read as follows:
         Sec. 22.041.  THIRD-PARTY INFORMATION.  Notwithstanding any
  other provision of this code, the department may use information
  obtained from a third party to verify the assets and resources of a
  person for purposes of determining the person's eligibility and
  need for medical assistance, financial assistance, or nutritional
  assistance. Third-party information includes information obtained
  from:
               (1)  a consumer reporting agency, as defined by Section
  20.01, Business & Commerce Code;
               (2)  an appraisal district; or
               (3)  the Texas Department of Motor Vehicles
  [Transportation's] vehicle registration record database.
         SECTION 8.3G.02.  Section 32.026(g), Human Resources Code,
  is amended to read as follows:
         (g)  Notwithstanding any other provision of this code, the
  department may use information obtained from a third party to
  verify the assets and resources of a person for purposes of
  determining the person's eligibility and need for medical
  assistance. Third-party information includes information obtained
  from:
               (1)  a consumer reporting agency, as defined by Section
  20.01, Business & Commerce Code;
               (2)  an appraisal district; or
               (3)  the Texas Department of Motor Vehicles
  [Transportation's] vehicle registration record database.
  SUBPART H. LOCAL GOVERNMENT CODE
         SECTION 8.3H.01.  Section 130.006, Local Government Code, is
  amended to read as follows:
         Sec. 130.006.  PROCEDURES FOR COLLECTION OF DISHONORED
  CHECKS AND INVOICES.  A county tax assessor-collector may establish
  procedures for the collection of dishonored checks and credit card
  invoices. The procedures may include:
               (1)  official notification to the maker that the check
  or invoice has not been honored and that the receipt, registration,
  certificate, or other instrument issued on the receipt of the check
  or invoice is not valid until payment of the fee or tax is made;
               (2)  notification of the sheriff or other law
  enforcement officers that a check or credit card invoice has not
  been honored and that the receipt, registration, certificate, or
  other instrument held by the maker is not valid; and
               (3)  notification to the Texas Department of Motor
  Vehicles [Transportation], the comptroller of public accounts, or
  the Department of Public Safety that the receipt, registration,
  certificate, or other instrument held by the maker is not valid.
         SECTION 8.3H.02.  Section 130.007, Local Government Code, is
  amended to read as follows:
         Sec. 130.007.  REMISSION TO STATE NOT REQUIRED; STATE
  ASSISTANCE IN COLLECTION.  (a)  If a fee or tax is required to be
  remitted to the comptroller or the Texas Department of Motor
  Vehicles [Transportation] and if payment was made to the county tax
  assessor-collector by a check that was not honored by the drawee
  bank or by a credit card invoice that was not honored by the credit
  card issuer, the amount of the fee or tax is not required to be
  remitted, but the assessor-collector shall notify the appropriate
  department of:
               (1)  the amount of the fee or tax;
               (2)  the type of fee or tax involved; and
               (3)  the name and address of the maker.
         (b)  The Texas Department of Motor Vehicles [Transportation]
  and the comptroller shall assist the county tax assessor-collector
  in collecting the fee or tax and may cancel or revoke any receipt,
  registration, certificate, or other instrument issued in the name
  of the state conditioned on the payment of the fee or tax.
         SECTION 8.3H.03.  Section 130.008, Local Government Code, is
  amended to read as follows:
         Sec. 130.008.  LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
  SUBCHAPTER.  If the comptroller or the Texas Department of Motor
  Vehicles [Transportation] determines that the county tax
  assessor-collector has accepted payment for fees and taxes to be
  remitted to that department in violation of Section 130.004 or that
  more than two percent of the fees and taxes to be received from the
  assessor-collector are not remitted because of the acceptance of
  checks that are not honored by the drawee bank or of credit card
  invoices that are not honored by the credit card issuer, the
  department may notify the assessor-collector that the
  assessor-collector may not accept a check or credit card invoice
  for the payment of any fee or tax to be remitted to that department.
  A county tax assessor-collector who accepts a check or credit card
  invoice for the payment of a fee or tax, after notice that the
  assessor-collector may not receive a check or credit card invoice
  for the payment of fees or taxes to be remitted to a department, is
  liable to the state for the amount of the check or credit card
  invoice accepted.
         SECTION 8.3H.04.  Section 130.009, Local Government Code, is
  amended to read as follows:
         Sec. 130.009.  STATE RULES.  The comptroller and the Texas
  Department of Motor Vehicles [Transportation] may make rules
  concerning the acceptance of checks or credit card invoices by a
  county tax assessor-collector and for the collection of dishonored
  checks or credit card invoices.
  SUBPART I. OCCUPATIONS CODE
         SECTION 8.3I.01.  Section 554.009(c), Occupations Code, is
  amended to read as follows:
         (c)  The board may register a vehicle with the Texas
  Department of Motor Vehicles [Transportation] in an alias name only
  for investigative personnel.
  SUBPART J. PENAL CODE
         SECTION 8.3J.01.  Section 31.03(c), Penal Code, is amended
  to read as follows:
         (c)  For purposes of Subsection (b):
               (1)  evidence that the actor has previously
  participated in recent transactions other than, but similar to,
  that which the prosecution is based is admissible for the purpose of
  showing knowledge or intent and the issues of knowledge or intent
  are raised by the actor's plea of not guilty;
               (2)  the testimony of an accomplice shall be
  corroborated by proof that tends to connect the actor to the crime,
  but the actor's knowledge or intent may be established by the
  uncorroborated testimony of the accomplice;
               (3)  an actor engaged in the business of buying and
  selling used or secondhand personal property, or lending money on
  the security of personal property deposited with the actor, is
  presumed to know upon receipt by the actor of stolen property (other
  than a motor vehicle subject to Chapter 501, Transportation Code)
  that the property has been previously stolen from another if the
  actor pays for or loans against the property $25 or more (or
  consideration of equivalent value) and the actor knowingly or
  recklessly:
                     (A)  fails to record the name, address, and
  physical description or identification number of the seller or
  pledgor;
                     (B)  fails to record a complete description of the
  property, including the serial number, if reasonably available, or
  other identifying characteristics; or
                     (C)  fails to obtain a signed warranty from the
  seller or pledgor that the seller or pledgor has the right to
  possess the property. It is the express intent of this provision
  that the presumption arises unless the actor complies with each of
  the numbered requirements;
               (4)  for the purposes of Subdivision (3)(A),
  "identification number" means driver's license number, military
  identification number, identification certificate, or other
  official number capable of identifying an individual;
               (5)  stolen property does not lose its character as
  stolen when recovered by any law enforcement agency;
               (6)  an actor engaged in the business of obtaining
  abandoned or wrecked motor vehicles or parts of an abandoned or
  wrecked motor vehicle for resale, disposal, scrap, repair,
  rebuilding, demolition, or other form of salvage is presumed to
  know on receipt by the actor of stolen property that the property
  has been previously stolen from another if the actor knowingly or
  recklessly:
                     (A)  fails to maintain an accurate and legible
  inventory of each motor vehicle component part purchased by or
  delivered to the actor, including the date of purchase or delivery,
  the name, age, address, sex, and driver's license number of the
  seller or person making the delivery, the license plate number of
  the motor vehicle in which the part was delivered, a complete
  description of the part, and the vehicle identification number of
  the motor vehicle from which the part was removed, or in lieu of
  maintaining an inventory, fails to record the name and certificate
  of inventory number of the person who dismantled the motor vehicle
  from which the part was obtained;
                     (B)  fails on receipt of a motor vehicle to obtain
  a certificate of authority, sales receipt, or transfer document as
  required by Chapter 683, Transportation Code, or a certificate of
  title showing that the motor vehicle is not subject to a lien or
  that all recorded liens on the motor vehicle have been released; or
                     (C)  fails on receipt of a motor vehicle to
  immediately remove an unexpired license plate from the motor
  vehicle, to keep the plate in a secure and locked place, or to
  maintain an inventory, on forms provided by the Texas Department of
  Motor Vehicles [Transportation], of license plates kept under this
  paragraph, including for each plate or set of plates the license
  plate number and the make, motor number, and vehicle identification
  number of the motor vehicle from which the plate was removed;
               (7)  an actor who purchases or receives a used or
  secondhand motor vehicle is presumed to know on receipt by the actor
  of the motor vehicle that the motor vehicle has been previously
  stolen from another if the actor knowingly or recklessly:
                     (A)  fails to report to the Texas Department of
  Motor Vehicles [Transportation] the failure of the person who sold
  or delivered the motor vehicle to the actor to deliver to the actor
  a properly executed certificate of title to the motor vehicle at the
  time the motor vehicle was delivered; or
                     (B)  fails to file with the county tax
  assessor-collector of the county in which the actor received the
  motor vehicle, not later than the 20th day after the date the actor
  received the motor vehicle, the registration license receipt and
  certificate of title or evidence of title delivered to the actor in
  accordance with Subchapter D, Chapter 520, Transportation Code, at
  the time the motor vehicle was delivered;
               (8)  an actor who purchases or receives from any source
  other than a licensed retailer or distributor of pesticides a
  restricted-use pesticide or a state-limited-use pesticide or a
  compound, mixture, or preparation containing a restricted-use or
  state-limited-use pesticide is presumed to know on receipt by the
  actor of the pesticide or compound, mixture, or preparation that
  the pesticide or compound, mixture, or preparation has been
  previously stolen from another if the actor:
                     (A)  fails to record the name, address, and
  physical description of the seller or pledgor;
                     (B)  fails to record a complete description of the
  amount and type of pesticide or compound, mixture, or preparation
  purchased or received; and
                     (C)  fails to obtain a signed warranty from the
  seller or pledgor that the seller or pledgor has the right to
  possess the property; and
               (9)  an actor who is subject to Section 409, Packers and
  Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
  a commission merchant by representing that the actor will make
  prompt payment is presumed to have induced the commission
  merchant's consent by deception if the actor fails to make full
  payment in accordance with Section 409, Packers and Stockyards Act
  (7 U.S.C. Section 228b).
         SECTION 8.3J.02.  Section 31.11(b), Penal Code, is amended
  to read as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the person was:
               (1)  the owner or acting with the effective consent of
  the owner of the property involved;
               (2)  a peace officer acting in the actual discharge of
  official duties; or
               (3)  acting with respect to a number assigned to a
  vehicle by the Texas Department of Transportation or the Texas
  Department of Motor Vehicles, as applicable, and the person was:
                     (A)  in the actual discharge of official duties as
  an employee or agent of the department; or
                     (B)  in full compliance with the rules of the
  department as an applicant for an assigned number approved by the
  department.
  SUBPART K. TAX CODE
         SECTION 8.3K.01.  Section 21.02(d), Tax Code, is amended to
  read as follows:
         (d)  A motor vehicle does not have taxable situs in a taxing
  unit under Subsection (a)(1) if, on January 1, the vehicle:
               (1)  has been located for less than 60 days at a place
  of business of a person who holds a wholesale motor vehicle auction
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation] under Chapter 503, Transportation
  Code, for that place of business; and
               (2)  is offered for resale.
         SECTION 8.3K.02.  Section 22.04(d), Tax Code, is amended to
  read as follows:
         (d)  This section does not apply to a motor vehicle that on
  January 1 is located at a place of business of a person who holds a
  wholesale motor vehicle auction general distinguishing number
  issued by the Texas Department of Motor Vehicles [Transportation]
  under Chapter 503, Transportation Code, for that place of business,
  and that:
               (1)  has not acquired taxable situs under Section
  21.02(a)(1) in a taxing unit that participates in the appraisal
  district because the vehicle is described by Section 21.02(d);
               (2)  is offered for sale by a dealer who holds a
  dealer's general distinguishing number issued by the Texas
  Department of Motor Vehicles [Transportation] under Chapter 503,
  Transportation Code, and whose inventory of motor vehicles is
  subject to taxation in the manner provided by Sections 23.121 and
  23.122; or
               (3)  is collateral possessed by a lienholder and
  offered for sale in foreclosure of a security interest.
         SECTION 8.3K.03.  Sections 23.121(a)(3), (11), and (14), Tax
  Code, are amended to read as follows:
               (3)  "Dealer" means a person who holds a dealer's
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation] under the authority of Chapter 503,
  Transportation Code, or who is legally recognized as a motor
  vehicle dealer pursuant to the law of another state and who complies
  with the terms of Section 152.063(f).  The term does not include:
                     (A)  a person who holds a manufacturer's license
  issued under Chapter 2301, Occupations Code [by the Motor Vehicle
  Board of the Texas Department of Transportation];
                     (B)  an entity that is owned or controlled by a
  person who holds a manufacturer's license issued under Chapter
  2301, Occupations Code [by the Motor Vehicle Board of the Texas
  Department of Transportation]; or
                     (C)  a dealer whose general distinguishing number
  issued by the Texas Department of Motor Vehicles [Transportation]
  under the authority of Chapter 503, Transportation Code, prohibits
  the dealer from selling a vehicle to any person except a dealer.
               (11)  "Sales price" means the total amount of money
  paid or to be paid for the purchase of a motor vehicle as set forth
  as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation]. In a transaction that does not involve
  the use of that form, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Title if that form were involved.
               (14)  "Towable recreational vehicle" means a
  nonmotorized vehicle that is designed for temporary human
  habitation for recreational, camping, or seasonal use and:
                     (A)  is titled and registered with the Texas
  Department of Motor Vehicles [Transportation] through the office of
  the collector;
                     (B)  is permanently built on a single chassis;
                     (C)  contains one or more life support systems;
  and
                     (D)  is designed to be towable by a motor vehicle.
         SECTION 8.3K.04.  Sections 23.121(f), (g), and (h), Tax
  Code, are amended to read as follows:
         (f)  The comptroller shall promulgate a form entitled
  Dealer's Motor Vehicle Inventory Declaration. Except as provided
  by Section 23.122(l) [of this code], not later than February 1 of
  each year, or, in the case of a dealer who was not in business on
  January 1, not later than 30 days after commencement of business,
  each dealer shall file a declaration with the chief appraiser and
  file a copy with the collector. For purposes of this subsection, a
  dealer is presumed to have commenced business on the date of
  issuance to the dealer of a dealer's general distinguishing number
  as provided by Chapter 503, Transportation Code. Notwithstanding
  the presumption created by this subsection, a chief appraiser may,
  at his or her sole discretion, designate as the date on which a
  dealer commenced business a date other than the date of issuance to
  the dealer of a dealer's general distinguishing number. The
  declaration is sufficient to comply with this subsection if it sets
  forth the following information:
               (1)  the name and business address of each location at
  which the dealer owner conducts business;
               (2)  each of the dealer's general distinguishing
  numbers issued by the Texas Department of Motor Vehicles
  [Transportation];
               (3)  a statement that the dealer owner is the owner of a
  dealer's motor vehicle inventory; and
               (4)  the market value of the dealer's motor vehicle
  inventory for the current tax year as computed under Section
  23.121(b) [of this code].
         (g)  Under the terms provided by this subsection, the chief
  appraiser may examine the books and records of the holder of a
  general distinguishing number issued by the Texas Department of
  Motor Vehicles [Transportation]. A request made under this
  subsection must be made in writing, delivered personally to the
  custodian of the records, at the location for which the general
  distinguishing number has been issued, must provide a period not
  less than 15 days for the person to respond to the request, and must
  state that the person to whom it is addressed has the right to seek
  judicial relief from compliance with the request. In a request made
  under this section the chief appraiser may examine:
               (1)  the document issued by the Texas Department of
  Motor Vehicles [Transportation] showing the person's general
  distinguishing number;
               (2)  documentation appropriate to allow the chief
  appraiser to ascertain the applicability of this section and
  Section 23.122 [of this code] to the person;
               (3)  sales records to substantiate information set
  forth in the dealer's declaration filed by the person.
         (h)  If a dealer fails to file a declaration as required by
  this section, or if, on the declaration required by this section, a
  dealer reports the sale of fewer than five motor vehicles in the
  prior year, the chief appraiser shall report that fact to the Texas
  Department of Motor Vehicles [Transportation] and the department
  shall initiate termination proceedings. The chief appraiser shall
  include with the report a copy of a declaration, if any, indicating
  the sale by a dealer of fewer than five motor vehicles in the prior
  year. A report by a chief appraiser to the Texas Department of
  Motor Vehicles [Transportation] as provided by this subsection is
  prima facie grounds for the cancellation of the dealer's general
  distinguishing number under Section 503.038(a)(9), Transportation
  Code, or for refusal by the Texas Department of Motor Vehicles
  [Transportation] to renew the dealer's general distinguishing
  number.
         SECTION 8.3K.05.  Section 23.123(c), Tax Code, is amended to
  read as follows:
         (c)  Information made confidential by this section may be
  disclosed:
               (1)  in a judicial or administrative proceeding
  pursuant to a lawful subpoena;
               (2)  to the person who filed the declaration or
  statement or to that person's representative authorized by the
  person in writing to receive the information;
               (3)  to the comptroller or an employee of the
  comptroller authorized by the comptroller to receive the
  information;
               (4)  to a collector or chief appraiser;
               (5)  to a district attorney, criminal district attorney
  or county attorney involved in the enforcement of a penalty imposed
  pursuant to Section 23.121 or Section 23.122 [of this code];
               (6)  for statistical purposes if in a form that does not
  identify specific property or a specific property owner;
               (7)  if and to the extent that the information is
  required for inclusion in a public document or record that the
  appraisal or collection office is required by law to prepare or
  maintain; or
               (8)  to the Texas Department of Motor Vehicles
  [Transportation] for use by that department in auditing compliance
  of its licensees with appropriate provisions of applicable law.
         SECTION 8.3K.06.  Section 23.124(a)(11), Tax Code, is
  amended to read as follows:
               (11)  "Sales price" means the total amount of money
  paid or to be paid for the purchase of:
                     (A)  a vessel, other than a trailer that is
  treated as a vessel, as set forth as "sales price" in the form
  entitled "Application for Texas Certificate of Number/Title for
  Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
  and Wildlife Department;
                     (B)  an outboard motor as set forth as "sales
  price" in the form entitled "Application for Texas Certificate of
  Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
  promulgated by the Parks and Wildlife Department; or
                     (C)  a trailer that is treated as a vessel as set
  forth as "sales price" in the form entitled "Application for Texas
  Certificate of Title" promulgated by the Texas Department of Motor
  Vehicles [Transportation].
               In a transaction involving a vessel, an outboard motor,
  or a trailer that is treated as a vessel that does not involve the
  use of one of these forms, the term means an amount of money that is
  equivalent, or substantially equivalent, to the amount that would
  appear as "sales price" on the Application for Texas Certificate of
  Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
  Application for Texas Certificate of Title for an Outboard
  Motor/Seller, Donor or Trader's Affidavit, or the Application for
  Texas Certificate of Title if one of these forms were involved.
         SECTION 8.3K.07.  Section 113.011, Tax Code, is amended to
  read as follows:
         Sec. 113.011.  LIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
  VEHICLES [TRANSPORTATION].  The comptroller shall furnish to the
  Texas Department of Motor Vehicles [Transportation] each release of
  a tax lien filed by the comptroller with that department.
         SECTION 8.3K.08.  Sections 152.0412(a) and (f), Tax Code,
  are amended to read as follows:
         (a)  In this section, "standard presumptive value" means the
  private-party transaction value of a motor vehicle, as determined
  by the Texas Department of Motor Vehicles [Transportation] based on
  an appropriate regional guidebook of a nationally recognized motor
  vehicle value guide service, or based on another motor vehicle
  guide publication that the department determines is appropriate if
  a private-party transaction value for the motor vehicle is not
  available from a regional guidebook described by this subsection.
         (f)  The Texas Department of Motor Vehicles [Transportation]
  shall maintain information on the standard presumptive values of
  motor vehicles as part of the department's registration and title
  system.  The department shall update the information at least
  quarterly each calendar year and publish, electronically or
  otherwise, the updated information.
         SECTION 8.3K.09.  Section 152.042, Tax Code, is amended to
  read as follows:
         Sec. 152.042.  COLLECTION OF TAX ON METAL DEALER PLATES.  A
  person required to pay the tax imposed by Section 152.027 shall pay
  the tax to the Texas Department of Motor Vehicles [Transportation],
  and the department may not issue the metal dealer's plates until the
  tax is paid.
         SECTION 8.3K.10.  Section 152.121(b), Tax Code, is amended
  to read as follows:
         (b)  Taxes on metal dealer plates collected by the Texas
  Department of Motor Vehicles [Transportation] shall be deposited by
  the department in the state treasury in the same manner as are other
  taxes collected under this chapter.
         SECTION 8.3K.11.  Section 162.001(52), Tax Code, is amended
  to read as follows:
               (52)  "Registered gross weight" means the total weight
  of the vehicle and carrying capacity shown on the registration
  certificate issued by the Texas Department of Motor Vehicles
  [Transportation].
  PART 4.  TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
  RIGHTS OF ACTION
         SECTION 8.4.01.  (a) All powers, duties, obligations, and
  rights of action of the Motor Carrier Division, the Motor Vehicle
  Division, and the Vehicle Titles and Registration Division of the
  Texas Department of Transportation are transferred to the Texas
  Department of Motor Vehicles, and all powers, duties, obligations,
  and rights of action of the Texas Transportation Commission in
  connection or associated with those divisions of the Texas
  Department of Transportation are transferred to the board of the
  Texas Department of Motor Vehicles on December 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Motor Carrier Division, the Motor Vehicle Division, and the Vehicle
  Titles and Registration Division of the Texas Department of
  Transportation are transferred to the Texas Department of Motor
  Vehicles.
         (c)  The Texas Department of Motor Vehicles shall continue
  any proceeding involving the Motor Carrier Division, the Motor
  Vehicle Division, or the Vehicle Titles and Registration Division
  of the Texas Department of Transportation that was brought before
  the effective date of this Act in accordance with the law in effect
  on the date the proceeding was brought, and the former law is
  continued in effect for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Motor Carrier Division, the
  Motor Vehicle Division, or the Vehicle Titles and Registration
  Division of the Texas Department of Transportation that is in
  effect on the effective date of this Act remains valid for the
  period for which it was issued unless suspended or revoked by the
  Texas Department of Motor Vehicles.
         (e)  A rule adopted by the Texas Transportation Commission or
  the director of the Texas Department of Transportation in
  connection with or relating to the Motor Carrier Division, the
  Motor Vehicle Division, or the Vehicle Titles and Registration
  Division of that department continues in effect until it is amended
  or repealed by the board of the Texas Department of Motor Vehicles.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Texas Department of Transportation in
  connection with or relating to the Motor Carrier Division, the
  Motor Vehicle Division, and the Vehicle Titles and Registration
  Division of that department for the state fiscal biennium ending
  August 31, 2009, is transferred and reappropriated to the Texas
  Department of Motor Vehicles for the purpose of implementing the
  powers, duties, obligations, and rights of action transferred to
  that department under Subsection (a) of this section.
         SECTION 8.4.02.  (a) All powers, duties, obligations, and
  rights of action of the Automobile Burglary and Theft Prevention
  Authority Office of the Texas Department of Transportation under
  Article 4413(37), Revised Statutes, are transferred to the
  Automobile Burglary and Theft Prevention Authority Division of the
  Texas Department of Motor Vehicles, and all powers, duties,
  obligations, and rights of action of the Texas Transportation
  Commission in connection or associated with the Automobile Burglary
  and Theft Prevention Authority Office of the Texas Department of
  Transportation are transferred to the board of the Texas Department
  of Motor Vehicles on December 1, 2009.
         (b)  In connection with the transfers required by Subsection
  (a) of this section, the personnel, furniture, computers, other
  property and equipment, files, and related materials used by the
  Automobile Burglary and Theft Prevention Authority Office of the
  Texas Department of Transportation are transferred to the
  Automobile Burglary and Theft Prevention Authority Division of the
  Texas Department of Motor Vehicles.
         (c)  The Automobile Burglary and Theft Prevention Authority
  Division of the Texas Department of Vehicles shall continue any
  proceeding involving the Automobile Burglary and Theft Prevention
  Authority Office of the Texas Department of Transportation that was
  brought before the effective date of this Act in accordance with the
  law in effect on the date the proceeding was brought, and the former
  law is continued in effect for that purpose.
         (d)  A certificate, license, document, permit, registration,
  or other authorization issued by the Automobile Burglary and Theft
  Prevention Authority Office of the Texas Department of
  Transportation that is in effect on the effective date of this Act
  remains valid for the period for which it was issued unless
  suspended or revoked by the Automobile Burglary and Theft
  Prevention Authority Division of the Texas Department of Motor
  Vehicles.
         (e)  A rule adopted by the Automobile Burglary and Theft
  Prevention Authority Office of the Texas Department of
  Transportation, the Texas Transportation Commission, or the
  director of the Texas Department of Transportation in connection
  with or relating to the Automobile Burglary and Theft Prevention
  Authority Office of that department continues in effect until it is
  amended or repealed by the Automobile Burglary and Theft Prevention
  Authority Division of the Texas Department of Motor Vehicles.
         (f)  The unobligated and unexpended balance of any
  appropriations made to the Texas Department of Transportation in
  connection with or relating to the Automobile Burglary and Theft
  Prevention Authority Office of that department for the state fiscal
  biennium ending August 31, 2009, is transferred and reappropriated
  to the Texas Department of Motor Vehicles for the purpose of
  implementing the powers, duties, obligations, and rights of action
  transferred to that department under Subsection (a) of this
  section.
  PART 5.  APPOINTMENT OF BOARD
         SECTION 8.5.01.  Not later than December 1, 2009, the
  governor shall appoint the members of the board of the Texas
  Department of Motor Vehicles in accordance with Subchapter B,
  Chapter 1001, Transportation Code, as added by this article.
  ARTICLE 9. RAIL TRANSPORTATION DIVISION
         SECTION 9.01.  Section 91.001, Transportation Code, is
  amended by adding Subdivision (3-a) to read as follows:
               (3-a)  "Division" means the rail transportation
  division of the department.
         SECTION 9.02.  Subchapter A, Chapter 91, Transportation
  Code, is amended by adding Section 91.0041 to read as follows:
         Sec. 91.0041.  DUTIES OF RAIL TRANSPORTATION DIVISION. In
  addition to any other duty imposed on the division, the division
  shall:
               (1)  assure that rail transportation is an integral
  part of the department's transportation planning process;
               (2)  coordinate and oversee rail projects that are
  financed with money in the Texas rail relocation and improvement
  fund;
               (3)  develop and plan for improved passenger and
  freight rail facilities and services in this state; and
               (4)  coordinate the efforts of the department, the
  federal government, and private entities to continue the
  development of rail transportation facilities and services in this
  state.
  ARTICLE 10. ELECTRONIC SIGNS
         SECTION 10.01.  Chapter 544, Transportation Code, is amended
  by adding Section 544.013 to read as follows:
         Sec. 544.013.  CHANGEABLE MESSAGE SIGN SYSTEM. (a)  In this
  section, "changeable message sign" means a sign that conforms to
  the manual and specifications adopted under Section 544.001. The
  term includes a dynamic message sign.
         (b)  The Texas Department of Transportation shall actively
  manage a system of changeable message signs located on highways
  under the jurisdiction of that department to mitigate traffic
  congestion by providing current information to the traveling
  public, including information about traffic incidents, weather
  conditions, road construction, and alternative routes.
  ARTICLE 11. EFFECTIVE DATE
         SECTION 11.01.  This Act takes effect September 1, 2009.