Title OC, Occupations Code

Sec. 2302.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board 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 decepti…

Sec. 2302.101. SALVAGE VEHICLE DEALER LICENSE. (a) Unless a person holds a salvage vehicle dealer license issued under this chapter, the person may not: (1) act as a salvage vehicle dealer or rebuilder; or (2) store or display a motor vehicle as an agent or escrow agent of an ins…

Sec. 2302.103. APPLICATION FOR SALVAGE VEHICLE DEALER LICENSE. To apply for a salvage vehicle dealer license, a person must submit to the department an application on a form prescribed by the department and the application fee. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff…

Sec. 2302.104. CONTENTS OF APPLICATION. (a) An application for a salvage vehicle dealer license must include: (1) the name, business address, and business telephone number of the applicant; (2) the name under which the applicant proposes to conduct business; (3) the location, by …

Sec. 2302.105. DEPARTMENT INVESTIGATION. (a) The department may not issue a license under this chapter until the department completes an investigation of the applicant's qualifications. (b) The department shall conduct the investigation not later than the 15th day after the date …

Sec. 2302.106. LICENSE ISSUANCE. (a) The department shall issue a license to an applicant who meets the license qualifications adopted under this chapter and pays the required fees. (b) A license may not be issued in a fictitious name that may be confused with or is similar to th…

Sec. 2302.108. DISCIPLINARY ACTION. (a) The department may deny, suspend, revoke, or reinstate a license issued under this chapter. (b) The board by rule shall establish the grounds for denial, suspension, revocation, or reinstatement of a license issued under this chapter and th…

Sec. 2302.151. LICENSE EXPIRATION. (a) A license issued under this chapter is valid for the period prescribed by the board. (b) A person whose license has expired may not engage in the activities that require a license until the license has been renewed under this subchapter. (c)…

Sec. 2302.152. NOTICE OF EXPIRATION. Not later than the 31st day before the expiration date of a person's license, the department shall send written notice of the impending expiration to the person at the person's last known address according to department records. Added by Acts …

Sec. 2302.153. PROCEDURES FOR RENEWAL. (a) A person who is otherwise eligible to renew a license issued under this chapter may renew an unexpired license by paying the required renewal fee to the department on or before the expiration date of the license. (b) A person whose licen…

Sec. 2302.201. DUTIES ON ACQUISITION OF SALVAGE MOTOR VEHICLE. (a) Except as provided by Section 501.0935, Transportation Code, a salvage vehicle dealer who acquires ownership of a salvage motor vehicle from an owner must receive from the owner a properly assigned title. (b) The …

Sec. 2302.202. RECORDS OF PURCHASES. A salvage vehicle dealer shall maintain a record of each salvage motor vehicle purchased or sold by the dealer. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.07, eff. Sep…

Sec. 2302.203. REGISTRATION OF NEW BUSINESS LOCATION. Before moving a place of business or opening an additional place of business, a salvage vehicle dealer must register the new location with the department. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2302.204. CASUAL SALES. This chapter does not apply to a person who purchases fewer than five nonrepairable motor vehicles or salvage motor vehicles from a salvage vehicle dealer, an insurance company or salvage pool operator in a casual sale at auction, except that: (1) the…

Sec. 2302.205. DUTY OF METAL RECYCLER. A metal recycler who purchases a motor vehicle shall submit a regular certificate of title or a nonrepairable or salvage vehicle title or comparable out-of-state ownership document to the department and comply with Subchapter E, Chapter 501,…

Sec. 2302.251. DEFINITIONS. In this subchapter: (1) "Component part" means a major component part as defined in Section 501.091, Transportation Code, or a minor component part. (2) "Interior component part" means a seat or radio of a motor vehicle. (3) "Minor component part" mean…

Sec. 2302.252. REMOVAL OF LICENSE PLATES; INVENTORY. (a) Immediately on receipt of a motor vehicle, a salvage vehicle dealer shall remove any unexpired license plates from the vehicle and place the license plates in a secure, locked place. (b) A salvage vehicle dealer shall maint…

Sec. 2302.254. RECORD OF PURCHASE; INVENTORY OF PARTS. (a) A salvage vehicle dealer shall keep an accurate and legible inventory of each used component part purchased by or delivered to the dealer. The inventory must contain a record of each part that includes: (1) the date of pu…

Sec. 2302.255. ASSIGNMENT OF INVENTORY NUMBER. (a) A salvage vehicle dealer shall: (1) assign a unique inventory number to each transaction in which the dealer purchases or takes delivery of a component part; (2) attach the unique inventory number to each component part the deale…

Sec. 2302.256. MAINTENANCE OF RECORDS. A salvage vehicle dealer shall keep a record required under this subchapter on a form prescribed by the department. The dealer shall maintain two copies of each record required under this subchapter until the first anniversary of the date th…

Sec. 2302.257. SURRENDER OF CERTAIN DOCUMENTS OR LICENSE PLATES. (a) On demand, a salvage vehicle dealer shall surrender to the department for cancellation a certificate of title or authority, sales receipt or transfer document, license plate, or inventory list that the dealer is…

Sec. 2302.258. INSPECTION OF RECORDS. (a) A peace officer at any reasonable time may inspect a record required to be maintained under this subchapter, including an inventory record and affidavit bill of sale. (b) On demand of a peace officer, a salvage vehicle dealer shall give t…

Sec. 2302.301. APPLICATION OF SUBCHAPTER. This subchapter applies only to a motor vehicle salvage yard located in a county with a population of 2.8 million or more. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2302.302. LIMITS ON OPERATION OF HEAVY MACHINERY. (a) A salvage vehicle dealer may not operate heavy machinery in a motor vehicle salvage yard between the hours of 7 p.m. of one day and 7 a.m. of the following day. (b) This section does not apply to conduct necessary to a sa…

Sec. 2302.351. INJUNCTIONS. (a) The prosecutor in the county where a motor vehicle salvage yard is located or the city attorney in the municipality where the salvage yard is located may bring suit to enjoin for a period of less than one year a violation of this chapter. (b) If a …

Sec. 2302.353. OFFENSES. (a) A person commits an offense if the person knowingly violates: (1) a provision of this chapter other than Subchapter G; or (2) a rule adopted under a provision of this chapter other than Subchapter G. (b) A person commits an offense if the person knowi…

Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter. (b) The penalty may not be less than $50 or more than $1,000, and e…

Sec. 2302.355. CEASE AND DESIST ORDER. If it appears to the board that a person who is not licensed under this chapter is violating this chapter or a rule or order adopted under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist orde…

Sec. 2303.001. SHORT TITLE. This chapter may be cited as the Vehicle Storage Facility Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2303.002. DEFINITIONS. In this chapter: (1) "Abandoned nuisance vehicle" means a motor vehicle that is: (A) at least 10 years old; and (B) of a condition only to be demolished, wrecked, or dismantled. (2) "Commission" means the Texas Commission of Licensing and Regulation. (…

Sec. 2303.003. EXEMPTIONS. (a) This chapter does not apply to a vehicle stored or parked at a vehicle storage facility with the consent of the owner of the vehicle. (b) This chapter does not apply to a vehicle storage facility operated by a person licensed under Chapter 2301. Add…

Sec. 2303.051. RULEMAKING: LICENSE REQUIREMENTS. The commission shall adopt rules that: (1) establish the requirements for a person to be licensed to operate a vehicle storage facility to ensure that the facility maintains adequate standards for the care of stored vehicles; (2) r…

Sec. 2303.052. ISSUANCE OF LICENSE; FEES. (a) The department may issue licenses to operate vehicle storage facilities. (b) The department may impose and collect a fee for a license in an amount sufficient to cover the costs incurred by the department in administering this chapter…

Sec. 2303.053. RULES REGARDING PAYMENT OF FEE. (a) The commission may adopt rules regarding the method of payment of a fee under this chapter. (b) The rules may authorize the use of: (1) electronic funds transfer; or (2) a credit card issued by a financial institution chartered b…

Sec. 2303.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt a rule restricting advertising or competitive bidding by a person licensed under this chapter except to prohibit a false, misleading, or deceptive practice. (b) In its rules to p…

Sec. 2303.055. EXAMINATION OF CRIMINAL CONVICTION. The department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec…

Sec. 2303.056. PERIODIC INSPECTIONS. (a) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this chapter; or (2) any place in which the department has reasonable cause to believe that a license holder is…

Sec. 2303.057. PERSONNEL. The department may employ personnel necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007.

Sec. 2303.058. ADVISORY BOARD. The Towing and Storage Advisory Board under Chapter 2308 shall advise the commission in adopting vehicle storage rules under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007. Amended by: Acts…

Sec. 2303.101. FACILITY LICENSE REQUIRED. (a) A person may not operate a vehicle storage facility unless the person holds a license issued under this chapter. (b) A license issued under this chapter: (1) is valid only for the person who applied for the license; and (2) applies on…

Sec. 2303.1015. EMPLOYEE LICENSE REQUIRED. (a) A person may not work at a vehicle storage facility unless the person holds: (1) a license issued under this chapter; (2) an incident management towing operator's license under Section 2308.153; (3) a private property towing operator…

Sec. 2303.102. LICENSE APPLICATION. (a) The commission by rule shall determine the types of information to be included in an application for a license under this chapter on a form prescribed by the executive director. (b) The rules adopted under this section must require an appli…

Sec. 2303.103. ELIGIBILITY. The department shall approve an application submitted as provided by Section 2303.102 unless the department determines that: (1) the applicant knowingly supplied false or incomplete information on the application; (2) in the three years preceding the d…

Sec. 2303.104. NOTICE OF DENIAL; OPPORTUNITY TO COMPLY. (a) If the department denies an application for a license under this chapter, the department shall send written notice of the decision to the applicant at the address shown on the application by certified mail, return receip…

Sec. 2303.105. TERM OF LICENSE; NOTICE OF EXPIRATION. (a) A license issued under this chapter is valid for the period set by the department. (b) Not later than the 30th day before the expiration date of a person's license, the department shall send written notice of the impending…

Sec. 2303.106. PROCEDURE FOR RENEWAL. (a) A person may apply to the department to renew the person's license. The application for renewal must be: (1) made on a form approved by the department; (2) submitted to the department before the expiration date of the license; and (3) acc…