| |
| |
| |
|
|
AN ACT
|
|
|
relating to the licensing and regulation of used automotive parts |
|
|
recyclers; providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subdivision (6), Section 2302.001, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(6) "Salvage vehicle agent" means a person who |
|
|
acquires, sells, or otherwise deals in nonrepairable or salvage |
|
|
motor vehicles [or used parts] in this state as directed by the |
|
|
salvage vehicle dealer under whose license the person operates. |
|
|
The term does not include a person who: |
|
|
(A) is a licensed salvage vehicle dealer or a |
|
|
licensed used automotive parts recycler; |
|
|
(B) is a partner, owner, or officer of a business |
|
|
entity that holds a salvage vehicle dealer license or a used |
|
|
automotive parts recycler license; |
|
|
(C) is an employee of a licensed salvage vehicle |
|
|
dealer or a licensed used automotive parts recycler; or |
|
|
(D) only transports salvage motor vehicles for a |
|
|
licensed salvage vehicle dealer or a licensed used automotive parts |
|
|
recycler. |
|
|
SECTION 2. Subsection (b), Section 2302.006, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(b) This chapter applies to a transaction in which a motor |
|
|
vehicle: |
|
|
(1) is sold, transferred, released, or delivered to a |
|
|
metal recycler for the purpose of reuse or resale as a motor vehicle |
|
|
[or as a source of used parts]; and |
|
|
(2) is used for that purpose. |
|
|
SECTION 3. Subchapter A, Chapter 2302, Occupations Code, is |
|
|
amended by adding Section 2302.008 to read as follows: |
|
|
Sec. 2302.008. APPLICABILITY OF CHAPTER TO USED AUTOMOTIVE |
|
|
PARTS RECYCLERS. This chapter does not apply to a used automotive |
|
|
parts recycler licensed under Chapter 2309. |
|
|
SECTION 4. Subsection (b), Section 2302.103, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(b) An applicant may apply for a salvage vehicle dealer |
|
|
license with an endorsement in one or more of the following |
|
|
classifications: |
|
|
(1) new automobile dealer; |
|
|
(2) used automobile dealer; |
|
|
(3) [used vehicle parts dealer;
|
|
|
[(4)] salvage pool operator; |
|
|
(4) [(5)] salvage vehicle broker; or |
|
|
(5) [(6)] salvage vehicle rebuilder. |
|
|
SECTION 5. Subsection (d), Section 2302.107, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(d) A salvage vehicle agent may acquire, sell, or otherwise |
|
|
deal in, nonrepairable or salvage motor vehicles [or used parts] as |
|
|
directed by the authorizing dealer. |
|
|
SECTION 6. Section 2302.202, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2302.202. RECORDS OF PURCHASES. A salvage vehicle |
|
|
dealer shall maintain a record of each salvage motor vehicle [and
|
|
|
each used part] purchased or sold by the dealer. |
|
|
SECTION 7. Subtitle A, Title 14, Occupations Code, is |
|
|
amended by adding Chapter 2309 to read as follows: |
|
|
CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 2309.001. SHORT TITLE. This chapter may be cited as |
|
|
the Texas Used Automotive Parts Recycling Act. |
|
|
Sec. 2309.002. DEFINITIONS. In this chapter: |
|
|
(1) "Insurance company," "metal recycler," "motor |
|
|
vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle |
|
|
title," "salvage motor vehicle," "salvage vehicle title," and |
|
|
"salvage vehicle dealer" have the meanings assigned by Section |
|
|
501.091, Transportation Code. |
|
|
(2) "Commission" means the Texas Commission of |
|
|
Licensing and Regulation. |
|
|
(3) "Department" means the Texas Department of |
|
|
Licensing and Regulation. |
|
|
(4) "Executive director" means the executive director |
|
|
of the department. |
|
|
(5) "Used automotive part" has the meaning assigned to |
|
|
"used part" by Section 501.091, Transportation Code. |
|
|
(6) "Used automotive parts recycler" means a person |
|
|
licensed under this chapter to operate a used automotive parts |
|
|
recycling business. |
|
|
(7) "Used automotive parts recycling" means the |
|
|
dismantling and reuse or resale of used automotive parts and the |
|
|
safe disposal of salvage motor vehicles or nonrepairable motor |
|
|
vehicles, including the resale of those vehicles. |
|
|
Sec. 2309.003. APPLICABILITY OF CHAPTER TO METAL RECYCLERS. |
|
|
(a) Except as provided by Subsection (b), this chapter does not |
|
|
apply to a transaction to which a metal recycler is a party. |
|
|
(b) This chapter applies to a transaction in which a motor |
|
|
vehicle: |
|
|
(1) is sold, transferred, released, or delivered to a |
|
|
metal recycler as a source of used automotive parts; and |
|
|
(2) is used as a source of used automotive parts. |
|
|
Sec. 2309.004. APPLICABILITY OF CHAPTER TO SALVAGE VEHICLE |
|
|
DEALERS. (a) Except as provided by Subsection (b), this chapter |
|
|
does not apply to a transaction in which a salvage vehicle dealer is |
|
|
a party. |
|
|
(b) This chapter applies to a salvage vehicle dealer who |
|
|
deals in used automotive parts as more than an incidental part of |
|
|
the salvage vehicle dealer's primary business. |
|
|
Sec. 2309.005. APPLICABILITY OF CHAPTER TO INSURANCE |
|
|
COMPANIES. This chapter does not apply to an insurance company. |
|
|
[Sections 2309.006-2309.050 reserved for expansion] |
|
|
SUBCHAPTER B. ADVISORY BOARD |
|
|
Sec. 2309.051. USED AUTOMOTIVE PARTS RECYCLING ADVISORY |
|
|
BOARD. (a) The advisory board consists of five members |
|
|
representing the used automotive parts industry in this state |
|
|
appointed by the presiding officer of the commission with the |
|
|
approval of the commission. |
|
|
(b) The advisory board shall include members who represent |
|
|
used automotive parts businesses owned by domestic entities, as |
|
|
defined by Section 1.002, Business Organizations Code. |
|
|
(c) The advisory board shall include one member who |
|
|
represents a used automotive parts business owned by a foreign |
|
|
entity, as defined by Section 1.002, Business Organizations Code. |
|
|
(d) The advisory board may not include more than one member |
|
|
from any one used automotive parts business entity. |
|
|
(e) Appointments to the advisory board shall be made without |
|
|
regard to the race, color, disability, sex, religion, age, or |
|
|
national origin of the appointee. |
|
|
Sec. 2309.052. TERMS; VACANCIES. (a) Advisory board |
|
|
members serve terms of six years, with the terms of one or two |
|
|
members expiring on February 1 of each odd-numbered year. |
|
|
(b) A member may not serve more than two full consecutive |
|
|
terms. |
|
|
(c) If a vacancy occurs during a term, the presiding officer |
|
|
of the commission shall appoint a replacement who meets the |
|
|
qualifications of the vacated position to serve for the remainder |
|
|
of the term. |
|
|
Sec. 2309.053. PRESIDING OFFICER. The presiding officer of |
|
|
the commission shall appoint one of the advisory board members to |
|
|
serve as presiding officer of the advisory board for a term of one |
|
|
year. The presiding officer of the advisory board may vote on any |
|
|
matter before the advisory board. |
|
|
Sec. 2309.054. POWERS AND DUTIES OF ADVISORY BOARD. The |
|
|
advisory board shall provide advice and recommendations to the |
|
|
department on technical matters relevant to the administration and |
|
|
enforcement of this chapter, including licensing standards. |
|
|
Sec. 2309.055. COMPENSATION; REIMBURSEMENT OF EXPENSES. |
|
|
Advisory board members may not receive compensation but are |
|
|
entitled to reimbursement for actual and necessary expenses |
|
|
incurred in performing the functions of the advisory board, subject |
|
|
to the General Appropriations Act. |
|
|
Sec. 2309.056. MEETINGS. The advisory board shall meet |
|
|
twice annually and may meet at other times at the call of the |
|
|
presiding officer of the commission or the executive director. |
|
|
[Sections 2309.057-2309.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
|
|
Sec. 2309.101. GENERAL POWERS AND DUTIES. The executive |
|
|
director or commission, as appropriate, may take action as |
|
|
necessary to administer and enforce this chapter. |
|
|
Sec. 2309.102. RULES. (a) The commission shall adopt |
|
|
rules for licensing used automotive parts recyclers and used |
|
|
automotive parts employees. |
|
|
(b) The commission by rule shall adopt standards of conduct |
|
|
for license holders under this chapter. |
|
|
Sec. 2309.103. RULES REGARDING LICENSING AND STANDARDS OF |
|
|
CONDUCT. (a) The commission shall adopt rules for licensing |
|
|
applicants, including rules for denial of an application if the |
|
|
applicant, a partner, principal, officer, or general manager of the |
|
|
applicant, or another license or permit holder with a connection to |
|
|
the applicant, has: |
|
|
(1) before the application date, been convicted of, |
|
|
pleaded guilty or nolo contendere to, or been placed on deferred |
|
|
adjudication for: |
|
|
(A) a felony; or |
|
|
(B) a misdemeanor punishable by confinement in |
|
|
jail or by a fine exceeding $500; |
|
|
(2) violated an order of the commission or executive |
|
|
director, including an order for sanctions or administrative |
|
|
penalties; or |
|
|
(3) knowingly submitted false information on the |
|
|
application. |
|
|
(b) The commission by rule shall adopt standards of conduct |
|
|
for license holders under this chapter. |
|
|
Sec. 2309.104. FEES. The commission shall establish and |
|
|
collect reasonable and necessary fees in amounts sufficient to |
|
|
cover the costs of administering this chapter. |
|
|
Sec. 2309.105. RULES RESTRICTING ADVERTISING OR |
|
|
COMPETITIVE BIDDING. (a) The commission may not adopt a rule |
|
|
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 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. |
|
|
Sec. 2309.106. PERIODIC AND RISK-BASED INSPECTIONS. |
|
|
(a) The department shall inspect each used automotive parts |
|
|
recycling facility at least once every two years. |
|
|
(b) The department may enter and inspect at any time during |
|
|
business hours: |
|
|
(1) the place of business of any person regulated |
|
|
under this chapter; or |
|
|
(2) any place in which the department has reasonable |
|
|
cause to believe that a license holder is in violation of this |
|
|
chapter or in violation of a rule or order of the commission or |
|
|
executive director. |
|
|
(c) The department shall conduct additional inspections |
|
|
based on a schedule of risk-based inspections using the following |
|
|
criteria: |
|
|
(1) the inspection history; |
|
|
(2) any history of complaints involving a used |
|
|
automotive parts recycler; and |
|
|
(3) any other factor determined by the commission by |
|
|
rule. |
|
|
(d) A used automotive parts recycler shall pay a fee for |
|
|
each risk-based inspection performed under this section. The |
|
|
commission by rule shall set the amount of the fee. |
|
|
(e) In conducting an inspection under this section, the |
|
|
department may inspect a facility, a used automotive part, a |
|
|
business record, or any other place or thing reasonably required to |
|
|
enforce this chapter or a rule or order adopted under this chapter. |
|
|
Sec. 2309.107. PERSONNEL. The department may employ |
|
|
personnel necessary to administer and enforce this chapter. |
|
|
[Sections 2309.108-2309.150 reserved for expansion] |
|
|
SUBCHAPTER D. LICENSE REQUIREMENTS |
|
|
Sec. 2309.151. USED AUTOMOTIVE PARTS RECYCLER LICENSE |
|
|
REQUIRED. (a) Unless the person holds a used automotive parts |
|
|
recycler license issued under this chapter, a person may not own or |
|
|
operate a used automotive parts recycling business or sell used |
|
|
automotive parts. |
|
|
(b) A used automotive parts recycler license: |
|
|
(1) is valid only with respect to the person who |
|
|
applied for the license; and |
|
|
(2) authorizes the license holder to operate a used |
|
|
automotive parts recycling business only at the one facility listed |
|
|
on the license. |
|
|
Sec. 2309.152. GENERAL LICENSE APPLICATION REQUIREMENTS. |
|
|
An applicant for a used automotive parts recycler license under |
|
|
this chapter must submit to the department: |
|
|
(1) a completed application on a form prescribed by |
|
|
the executive director; |
|
|
(2) the required fees; and |
|
|
(3) any other information required by commission rule. |
|
|
Sec. 2309.153. LICENSE REQUIREMENTS. An applicant for a |
|
|
used automotive parts recycler license under this chapter must |
|
|
provide in a manner prescribed by the executive director: |
|
|
(1) a federal tax identification number; |
|
|
(2) proof of general liability insurance in an amount |
|
|
not less than $250,000; and |
|
|
(3) proof of a storm water permit if the applicant is |
|
|
required by the Texas Commission on Environmental Quality to obtain |
|
|
a permit. |
|
|
Sec. 2309.154. USED AUTOMOTIVE PARTS EMPLOYEE LICENSE |
|
|
REQUIRED. (a) A person employed by a used automotive parts |
|
|
recycler may not in the scope of the person's employment acquire a |
|
|
vehicle or used automotive parts and may not sell used automotive |
|
|
parts unless the person holds a used automotive parts employee |
|
|
license issued under this chapter. |
|
|
(b) The commission by rule shall adopt requirements for the |
|
|
application for and issuance of a used automotive parts employee |
|
|
license under this chapter. |
|
|
Sec. 2309.155. NONTRANSFERABILITY OF LICENSE. A license |
|
|
issued by the executive director is valid throughout this state and |
|
|
is not transferable. |
|
|
Sec. 2309.156. LICENSE RENEWAL. (a) A license issued |
|
|
under this chapter is valid for one year. The department may adopt |
|
|
a system under which licenses expire at different times during the |
|
|
year. |
|
|
(b) The department shall notify the license holder at least |
|
|
30 days before the date a license expires. The notice must be in |
|
|
writing and sent to the license holder's last known address |
|
|
according to the records of the department. |
|
|
(c) The commission by rule shall adopt requirements to renew |
|
|
a license issued under this chapter. |
|
|
[Sections 2309.157-2309.200 reserved for expansion] |
|
|
SUBCHAPTER E. LOCAL REGULATION |
|
|
Sec. 2309.201. APPLICABILITY OF CERTAIN MUNICIPAL |
|
|
ORDINANCES, LICENSES, AND PERMITS. (a) The requirements of this |
|
|
chapter apply in addition to the requirements of any applicable |
|
|
municipal ordinance relating to the regulation of a person who |
|
|
deals in used automotive parts. |
|
|
(b) This chapter does not prohibit the enforcement of an |
|
|
applicable municipal license or permit requirement that is related |
|
|
to an activity regulated under this chapter. |
|
|
[Sections 2309.202-2309.250 reserved for expansion] |
|
|
SUBCHAPTER F. ENFORCEMENT |
|
|
Sec. 2309.251. ADMINISTRATIVE PENALTY. (a) The |
|
|
commission may impose an administrative penalty on a person under |
|
|
Subchapter F, Chapter 51, regardless of whether the person holds a |
|
|
license under this chapter, if the person violates: |
|
|
(1) this chapter or a rule adopted under this chapter; |
|
|
or |
|
|
(2) a rule or order of the executive director or |
|
|
commission. |
|
|
(b) An administrative penalty may not be imposed unless the |
|
|
person charged with a violation is provided the opportunity for a |
|
|
hearing. |
|
|
Sec. 2309.252. CEASE AND DESIST ORDER; INJUNCTION; CIVIL |
|
|
PENALTY. (a) The executive director may issue a cease and desist |
|
|
order as necessary to enforce this chapter if the executive |
|
|
director determines that the action is necessary to prevent a |
|
|
violation of this chapter and to protect public health and safety. |
|
|
(b) The attorney general or executive director may |
|
|
institute an action for an injunction or a civil penalty under this |
|
|
chapter as provided by Section 51.352. |
|
|
Sec. 2309.253. SANCTIONS. The department may impose |
|
|
sanctions as provided by Section 51.353. |
|
|
Sec. 2309.254. CRIMINAL PENALTY; LICENSING. (a) A person |
|
|
commits an offense if the person: |
|
|
(1) violates the licensing requirements of this |
|
|
chapter; |
|
|
(2) deals in used parts without a license required by |
|
|
this chapter; or |
|
|
(3) employs an individual who does not hold the |
|
|
appropriate license required by this chapter. |
|
|
(b) An offense under this section is a Class C misdemeanor. |
|
|
[Sections 2309.255-2309.300 reserved for expansion] |
|
|
SUBCHAPTER G. CONDUCTING BUSINESS |
|
|
Sec. 2309.301. DUTIES ON ACQUISITION OF SALVAGE MOTOR |
|
|
VEHICLE. (a) A used automotive parts recycler who acquires |
|
|
ownership of a salvage motor vehicle shall obtain a properly |
|
|
assigned title from the previous owner of the vehicle. |
|
|
(b) A used automotive parts recycler who acquires ownership |
|
|
of a motor vehicle, nonrepairable motor vehicle, or salvage motor |
|
|
vehicle for the purpose of dismantling, scrapping, or destroying |
|
|
the motor vehicle, shall, before the 31st day after the date of |
|
|
acquiring the motor vehicle, submit to the Texas Department of |
|
|
Transportation a properly assigned manufacturer's certificate of |
|
|
origin, regular certificate of title, nonrepairable vehicle title, |
|
|
salvage vehicle title, other ownership document, or comparable |
|
|
out-of-state ownership document for the motor vehicle. |
|
|
(c) After receiving the title or document, the Texas |
|
|
Department of Transportation shall issue the used automotive parts |
|
|
recycler a receipt for the manufacturer's certificate of origin, |
|
|
regular certificate of title, nonrepairable vehicle title, salvage |
|
|
vehicle title, other ownership document, or comparable |
|
|
out-of-state ownership document. |
|
|
(d) The recycler shall comply with Subchapter E, Chapter |
|
|
501, Transportation Code. |
|
|
Sec. 2309.302. RECORDS OF PURCHASES. A used automotive |
|
|
parts recycler shall maintain a record of or sales receipt for each |
|
|
motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, |
|
|
and used automotive part purchased. |
|
|
Sec. 2309.303. REGISTRATION OF NEW BUSINESS LOCATION. |
|
|
Before moving a place of business, a used automotive parts recycler |
|
|
must notify the department of the new location. The used automotive |
|
|
parts recycler shall provide a storm water permit for the location |
|
|
if a permit is required by the Texas Commission on Environmental |
|
|
Quality. |
|
|
[Sections 2309.304-2309.350 reserved for expansion] |
|
|
SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER |
|
|
IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS |
|
|
Sec. 2309.351. DEFINITIONS. In this subchapter: |
|
|
(1) "Component part" means a major component part as |
|
|
defined by Section 501.091, Transportation Code, or a minor |
|
|
component part. |
|
|
(2) "Interior component part" means a motor vehicle's |
|
|
seat or radio. |
|
|
(3) "Minor component part" means an interior component |
|
|
part, a special accessory part, or a motor vehicle part that |
|
|
displays or should display at least one of the following: |
|
|
(A) a federal safety certificate; |
|
|
(B) a motor number; |
|
|
(C) a serial number or a derivative; or |
|
|
(D) a manufacturer's permanent vehicle |
|
|
identification number or a derivative. |
|
|
(4) "Special accessory part" means a motor vehicle's |
|
|
tire, wheel, tailgate, or removable glass top. |
|
|
Sec. 2309.352. REMOVAL OF LICENSE PLATES. Immediately on |
|
|
receipt of a motor vehicle, a used automotive parts recycler shall: |
|
|
(1) remove any unexpired license plates from the |
|
|
vehicle; and |
|
|
(2) place the license plates in a secure place until |
|
|
destroyed by the used automotive parts recycler. |
|
|
Sec. 2309.353. DISMANTLEMENT OR DISPOSITION OF MOTOR |
|
|
VEHICLE. A used automotive parts recycler may not dismantle or |
|
|
dispose of a motor vehicle unless the recycler first obtains: |
|
|
(1) a certificate of authority to dispose of the |
|
|
vehicle, a sales receipt, or a transfer document for the vehicle |
|
|
issued under Chapter 683, Transportation Code; or |
|
|
(2) a certificate of title showing that there are no |
|
|
liens on the vehicle or that all recorded liens have been released. |
|
|
Sec. 2309.354. RECORD OF PURCHASE; INVENTORY OF PARTS. |
|
|
(a) A used automotive parts recycler shall keep an accurate and |
|
|
legible record of each used component part purchased by or |
|
|
delivered to the recycler. The record must include: |
|
|
(1) the date of purchase or delivery; |
|
|
(2) the driver's license number of the seller and a |
|
|
legible photocopy of the seller's driver's license; and |
|
|
(3) a description of the part and, if applicable, the |
|
|
make and model of the part. |
|
|
(b) As an alternative to the information required by |
|
|
Subsection (a), a used automotive parts recycler may record: |
|
|
(1) the name of the person who sold the part or the |
|
|
motor vehicle from which the part was obtained; and |
|
|
(2) the Texas certificate of inventory number or the |
|
|
federal taxpayer identification number of the person. |
|
|
(c) The department shall prescribe the form of the record |
|
|
required by Subsection (a) and shall make the form available to used |
|
|
automotive parts recyclers. |
|
|
(d) This section does not apply to: |
|
|
(1) an interior component part or special accessory |
|
|
part from a motor vehicle more than 10 years old; or |
|
|
(2) a part delivered to a used automotive parts |
|
|
recycler by a commercial freight line, commercial carrier, or |
|
|
licensed used automotive parts recycler. |
|
|
Sec. 2309.355. RETENTION OF COMPONENT PARTS. (a) A used |
|
|
automotive parts recycler shall retain each component part in its |
|
|
original condition on the business premises of the recycler for at |
|
|
least three calendar days, excluding Sundays, after the date the |
|
|
recycler obtains the part. |
|
|
(b) This section does not apply to the purchase by a used |
|
|
automotive parts recycler of a nonoperational engine, |
|
|
transmission, or rear axle assembly from another used automotive |
|
|
parts recycler or an automotive-related business. |
|
|
Sec. 2309.356. MAINTENANCE OF RECORDS. A used automotive |
|
|
parts recycler shall maintain copies of each record required under |
|
|
this subchapter until the first anniversary of the purchase date of |
|
|
the item for which the record is maintained. |
|
|
Sec. 2309.357. SURRENDER OF CERTAIN DOCUMENTS OR LICENSE |
|
|
PLATES. (a) A used automotive parts recycler shall surrender to |
|
|
the Texas Department of Transportation for cancellation a |
|
|
certificate of title or authority, sales receipt, or transfer |
|
|
document, as required by the department. |
|
|
(b) The Texas Department of Transportation shall provide a |
|
|
signed receipt for a surrendered certificate of title. |
|
|
Sec. 2309.358. INSPECTION OF RECORDS. (a) A peace officer |
|
|
at any reasonable time may inspect a record required to be |
|
|
maintained under this subchapter, including an inventory record. |
|
|
(b) On demand by a peace officer, a used automotive parts |
|
|
recycler shall provide to the officer a copy of a record required to |
|
|
be maintained under this subchapter. |
|
|
(c) A peace officer may inspect the inventory on the |
|
|
premises of a used automotive parts recycler at any reasonable time |
|
|
to verify, check, or audit the records required to be maintained |
|
|
under this subchapter. |
|
|
(d) A used automotive parts recycler or an employee of the |
|
|
recycler shall allow and may not interfere with a peace officer's |
|
|
inspection of the recycler's inventory, premises, or required |
|
|
inventory records. |
|
|
[Sections 2309.359-2309.400 reserved for expansion] |
|
|
SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES |
|
|
Sec. 2309.401. APPLICABILITY OF SUBCHAPTER. This |
|
|
subchapter applies only to a used automotive parts facility located |
|
|
in a county with a population of 2.8 million or more. |
|
|
Sec. 2309.402. LIMITS ON OPERATION OF HEAVY MACHINERY. |
|
|
(a) A used automotive parts recycler may not operate heavy |
|
|
machinery in a used automotive parts recycling facility between the |
|
|
hours of 7 p.m. of one day and 7 a.m. of the following day. |
|
|
(b) This section does not apply to conduct necessary to a |
|
|
sale or purchase by the recycler. |
|
|
SECTION 8. Section 501.091, Transportation Code, is amended |
|
|
by amending Subdivision (17) and adding Subdivision (20) to read as |
|
|
follows: |
|
|
(17) "Salvage vehicle dealer" means a person engaged |
|
|
in this state in the business of acquiring, selling, [dismantling,] |
|
|
repairing, rebuilding, reconstructing, or otherwise dealing in |
|
|
nonrepairable motor vehicles, salvage motor vehicles, or, if |
|
|
incidental to a salvage motor vehicle dealer's primary business, |
|
|
used automotive parts. The term does not include a person who |
|
|
casually repairs, rebuilds, or reconstructs fewer than five [three] |
|
|
salvage motor vehicles in the same calendar year or, except as |
|
|
provided by Paragraph (C), a used automotive parts recycler. The |
|
|
term includes a person engaged in the business of: |
|
|
(A) a salvage vehicle dealer, regardless of |
|
|
whether the person holds a license issued by the department to |
|
|
engage in that business; |
|
|
(B) dealing in nonrepairable motor vehicles or |
|
|
salvage motor vehicles[, regardless of whether the person deals in
|
|
|
used parts]; or |
|
|
(C) a used automotive parts recycler if the sale |
|
|
of repaired, rebuilt, or reconstructed nonrepairable motor |
|
|
vehicles or salvage motor vehicles is more than an incidental part |
|
|
of the used automotive parts recycler's business [dealing in used
|
|
|
parts regardless of whether the person deals in nonrepairable motor
|
|
|
vehicles or salvage motor vehicles]. |
|
|
(20) "Used parts dealer" and "used automotive parts |
|
|
recycler" have the meaning assigned to "used automotive parts |
|
|
recycler" by Section 2309.002, Occupations Code. |
|
|
SECTION 9. Subsection (d), Section 501.092, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(d) An insurance company may sell a motor vehicle to which |
|
|
this section applies, or assign a salvage vehicle title or a |
|
|
nonrepairable vehicle title for the motor vehicle, only to a |
|
|
salvage vehicle dealer, an out-of-state buyer, a buyer in a casual |
|
|
sale at auction, [or] a metal recycler, or a used automotive parts |
|
|
recycler. If the motor vehicle is not a salvage motor vehicle or a |
|
|
nonrepairable motor vehicle, the insurance company is not required |
|
|
to surrender the regular certificate of title for the vehicle or to |
|
|
be issued a salvage vehicle title or a nonrepairable vehicle title |
|
|
for the motor vehicle. |
|
|
SECTION 10. Subsections (a) and (b), Section 501.095, |
|
|
Transportation Code, are amended to read as follows: |
|
|
(a) If the department has not issued a nonrepairable vehicle |
|
|
title or salvage vehicle title for the motor vehicle and an |
|
|
out-of-state ownership document for the motor vehicle has not been |
|
|
issued by another state or jurisdiction, a business or governmental |
|
|
entity described by Subdivisions (1)-(3) may sell, transfer, or |
|
|
release a nonrepairable motor vehicle or salvage motor vehicle only |
|
|
to a person who is: |
|
|
(1) a licensed salvage vehicle dealer, a used |
|
|
automotive parts recycler under Chapter 2309, Occupations Code, or |
|
|
a metal recycler under Chapter 2302, Occupations Code; |
|
|
(2) an insurance company that has paid a claim on the |
|
|
nonrepairable or salvage motor vehicle; |
|
|
(3) a governmental entity; or |
|
|
(4) an out-of-state buyer. |
|
|
(b) A person, other than a salvage vehicle dealer, a used |
|
|
automotive parts recycler, or an insurance company licensed to do |
|
|
business in this state, who acquired ownership of a nonrepairable |
|
|
or salvage motor vehicle that has not been issued a nonrepairable |
|
|
vehicle title, salvage vehicle title, or a comparable ownership |
|
|
document issued by another state or jurisdiction shall, before |
|
|
selling the motor vehicle, surrender the properly assigned |
|
|
certificate of title for the motor vehicle to the department and |
|
|
apply to the department for: |
|
|
(1) a nonrepairable vehicle title if the vehicle is a |
|
|
nonrepairable motor vehicle; or |
|
|
(2) a salvage vehicle title if the vehicle is a salvage |
|
|
motor vehicle. |
|
|
SECTION 11. Section 501.105, Transportation Code, is |
|
|
amended to read as follows: |
|
|
Sec. 501.105. RETENTION OF RECORDS RELATING TO CERTAIN |
|
|
CASUAL SALES. Each licensed salvage vehicle dealer, used |
|
|
automotive parts recycler, or insurance company that sells a |
|
|
nonrepairable motor vehicle or a salvage motor vehicle at a casual |
|
|
sale shall keep on the business premises of the dealer or the |
|
|
insurance company a list of all casual sales made during the |
|
|
preceding 36-month period that contains: |
|
|
(1) the date of the sale; |
|
|
(2) the name of the purchaser; |
|
|
(3) the name of the jurisdiction that issued the |
|
|
identification document provided by the purchaser, as shown on the |
|
|
document; and |
|
|
(4) the vehicle identification number. |
|
|
SECTION 12. Section 2302.253, Occupations Code, is |
|
|
repealed. |
|
|
SECTION 13. Not later than January 1, 2010, the Texas |
|
|
Commission of Licensing and Regulation shall adopt rules under |
|
|
Section 2309.102, Occupations Code, as added by this Act. |
|
|
SECTION 14. If there is a conflict between a provision of |
|
|
this Act and a provision of another Act of the 81st Legislature, |
|
|
Regular Session, 2009, that becomes law concerning the licensing or |
|
|
regulation of used automotive parts recyclers, this Act prevails |
|
|
regardless of the relative dates of enactment. |
|
|
SECTION 15. (a) Except as provided by Subsection (b) of |
|
|
this section, this Act takes effect September 1, 2009. |
|
|
(b) Sections 2309.151 and 2309.154, Occupations Code, as |
|
|
added by this Act, and Subchapter F, Chapter 2309, Occupations |
|
|
Code, as added by this Act, take effect September 1, 2010. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1095 passed the Senate on |
|
|
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 29, 2009, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1095 passed the House, with |
|
|
amendment, on May 26, 2009, by the following vote: Yeas 133, |
|
|
Nays 4, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |