Title OC, Occupations Code

Sec. 2303.153. CONTENTS OF NOTICE. (a) A notice by mail provided under Section 2303.151 must include: (1) the date the vehicle was accepted for storage; (2) the first day for which a storage fee is assessed; (3) the daily storage rate; (4) the type and amount of any other charge …

Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under Section 2303.151 or 2303.152, the operator of the vehicle storage facility shall consid…

Sec. 2303.1545. DISPOSITION OF ABANDONED NUISANCE VEHICLE. (a) A vehicle storage facility that holds an abandoned nuisance vehicle is not required to send or publish a second notice and is entitled to dispose of the vehicle on the 30th day after the date the notice is mailed or p…

Sec. 2303.155. CHARGES RELATED TO STORAGE. (a) For the purposes of this section, "governmental vehicle storage facility" means a garage, parking lot, or other facility that is: (1) owned by a governmental entity; and (2) used to store or park at least 10 vehicles each year. (b) T…

Sec. 2303.1551. REQUIRED POSTING. (a) All storage fees shall be posted at the licensed vehicle storage facility to which the motor vehicle has been delivered and shall be posted in view of the person who claims the vehicle. (b) A vehicle storage facility accepting a nonconsent to…

Sec. 2303.1552. BIENNIAL ADJUSTMENT OF CERTAIN FEES. (a) In this section, "consumer price index" means the Consumer Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics of the United States Department of Labor. (b) Each odd-numbered year, the co…

Sec. 2303.156. PAYMENT BY LIENHOLDER OR INSURANCE COMPANY. (a) A lienholder who repossesses a vehicle delivered to a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the v…

Sec. 2303.157. DISPOSAL OF CERTAIN ABANDONED VEHICLES. (a) The operator of a vehicle storage facility may dispose of a vehicle for which notice is given under Section 2303.154 if, before the 30th day after the date notice is mailed, the vehicle is not: (1) claimed by a person ent…

Sec. 2303.158. ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR OTHER INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP. The operator of a vehicle storage facility or a governmental vehicle storage facility must allow a person claiming to be the owner of a vehicle stored or parked…

Sec. 2303.159. FORMS OF PAYMENT OF CHARGES. (a) The operator of a vehicle storage facility shall accept each of the following forms of payment for any charge associated with delivery or storage of a vehicle: (1) cash; (2) debit card; and (3) credit card. (a-1) The operator of a v…

Sec. 2303.160. RELEASE OF VEHICLES. (a) A vehicle storage facility may not refuse to release a vehicle to the owner or operator of the vehicle or require a sworn affidavit of the owner or operator of the vehicle solely because the owner or operator presents valid photo identifica…

Sec. 2303.161. DRUG TESTING OF EMPLOYEES. (a) A license holder shall establish a drug testing policy for employees of the vehicle storage facility operated by the license holder. A license holder that establishes a drug testing policy under this subsection may adopt the model dru…

Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor" and "self-service storage facility" have the meanings assigned by Section 59.001, Property Code. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, eff. September 1, 2021.

Sec. 2303.202. APPLICABILITY. This subchapter applies only to property described by Section 59.051, Property Code. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, eff. September 1, 2021.

Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage facility shall accept property from a lessor who has transferred possession of the property from a self-service storage facility to the vehicle storage facility under Section 59.052, Property Code. Added by Acts 2021, 87th …

Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage facility that accepts property under Section 2303.203 may dispose of the property in the manner provided by Subchapter D for a vehicle received by a facility as described by Section 2303.151. Added by Acts 2021, 87th Leg.,…

Sec. 2303.301. INJUNCTION; CIVIL PENALTY. (a) If a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department or the attorney general at the request of the department may institute an action for: (1) …

Sec. 2303.302. CRIMINAL PENALTIES. (a) A person commits an offense if the person: (1) violates the licensing requirements of this chapter; or (2) employs an individual who does not hold an appropriate license required by this chapter. (b) An offense under this section is a Class …

Sec. 2303.303. AUTHORITY TO ARREST. A peace officer or license and weight inspector for the Department of Public Safety may make an arrest for a violation of a rule adopted under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2303.304. 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 registration, permit, or license under this chapter, if the person violates: (1) this chapter or a r…

Sec. 2303.305. 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 pro…

Sec. 2304.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Executive director" means the executive director of the Texas Commission on Environmental Quality. (3) "Motor vehicle" means a vehicle with at least four wheels…

Sec. 2304.002. APPLICATION OF CHAPTER. This chapter does not apply to a repair facility located in a county with a population of 50,000 or less. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. SUBCHAPTER B. CERTIFICATE OF REGISTRATION

Sec. 2304.051. REGISTRATION REQUIRED. A repair facility shall register with the commission as provided by this chapter and the rules adopted by the commission. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2304.052. APPLICATION. (a) The commission by rule shall: (1) prescribe an application form for the issuance or renewal of a certificate of registration; and (2) determine the information to be disclosed on the application. (b) The application must include: (1) the name, stre…

Sec. 2304.053. ISSUANCE AND RENEWAL OF CERTIFICATE. (a) An applicant for the issuance or renewal of a certificate of registration shall submit to the executive director a sworn application on the form prescribed by the commission accompanied by a $50 fee. (b) On receipt of the ap…

Sec. 2304.054. FORM OF CERTIFICATE; TRANSFERABILITY. A certificate of registration: (1) must contain a unique number; (2) applies only to the person whose name appears on the certificate or an employee of that person; and (3) is not transferable. Added by Acts 2001, 77th Leg., ch…

Sec. 2304.055. REPLACEMENT CERTIFICATE. (a) If a certificate of registration is lost or destroyed, the certificate holder may apply to the executive director for a replacement certificate of registration. (b) The certificate holder must submit: (1) an affidavit verifying that the…

Sec. 2304.056. VOLUNTARY SURRENDER OF CERTIFICATE. A certificate holder may terminate a certificate of registration at any time by voluntarily surrendering the certificate. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2304.057. CANCELLATION OF CERTIFICATE. (a) On the expiration, termination, or surrender of a certificate of registration, the certificate holder shall deliver the certificate to the executive director. (b) The executive director shall: (1) cancel the certificate; or (2) endo…

Sec. 2304.058. MAINTENANCE OF REGISTRATION INFORMATION. (a) The executive director shall maintain each application for a certificate of registration and a copy of each certificate of registration in a convenient form that is available to the public. (b) The executive director sha…

Sec. 2304.101. DISPLAY OF CERTIFICATE. A certificate holder shall publicly display the current certificate of registration at the certificate holder's place of business in a location readily visible to a customer paying for repairs. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5…

Sec. 2304.102. REGISTRATION NUMBER. A certificate holder shall include the certificate holder's registration number: (1) on each repair estimate, repair order, or correspondence; and (2) in each advertisement for motor vehicle repairs by the repair facility. Added by Acts 2001, 7…

Sec. 2304.103. FALSE STATEMENTS. A certificate holder may not make a false or fraudulent statement in connection with: (1) a repair; or (2) an attempt to collect compensation for a repair. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2304.104. RECORD OF VEHICLE REPAIRS. (a) A certificate holder shall maintain in a convenient place a record of each motor vehicle that enters the certificate holder's premises for a repair. Except as provided by Subsection (b), the certificate holder shall include in the rec…

Sec. 2304.151. INSPECTION OF PREMISES AND RECORD. The executive director or an employee of the commission may, at any time, inspect: (1) a record maintained under Section 2304.104; and (2) the premises of a certificate holder's place of business. Added by Acts 2001, 77th Leg., ch…

Sec. 2304.152. ADMINISTRATIVE DISCIPLINARY ACTION AND PROCEDURES. (a) The commission shall adopt rules establishing: (1) grounds for suspension, revocation, or reinstatement of a certificate of registration; and (2) procedures for taking disciplinary action. (b) The executive dir…

Sec. 2304.153. FAILURE TO REGISTER; CIVIL PENALTY. (a) A repair facility that fails to register under this chapter is liable to the state for a civil penalty of $250. (b) The executive director shall waive the penalty if the repair facility applies for registration not later than…

Sec. 2304.154. VIOLATION OF CHAPTER; CIVIL PENALTY. Except as provided by Section 2304.153, a person that violates this chapter is liable to the state for a civil penalty in an amount not to exceed $100. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2305.001. DEFINITIONS. In this subchapter: (1) "Person" means an individual, corporation, or firm. (2) "Repair" includes the rebuilding of a motor vehicle, the installation of a new or used part or accessory on a motor vehicle, and the performance of electrical work in conne…

Sec. 2305.002. APPLICATION OF SUBCHAPTER. This subchapter applies to any person who: (1) operates a shop or garage that is engaged in the business of repairing motor vehicles; or (2) engages in the business of purchasing or selling used motor vehicles in this state. Added by Acts…

Sec. 2305.003. REGISTER OF REPAIRS. (a) A person subject to this subchapter shall maintain a register of each repair the person makes to a motor vehicle. The register must contain a substantially complete and accurate description of each motor vehicle that is repaired. (b) This s…

Sec. 2305.004. REGISTER OF USED MOTOR VEHICLE SALES AND PURCHASES. (a) A person subject to this subchapter shall maintain a register of each sale or purchase the person makes of a used motor vehicle. (b) If the person buys a used motor vehicle, the register must contain: (1) the …

Sec. 2305.0041. LIMITATION ON BUYING AND SELLING CATALYTIC CONVERTERS. A person subject to this subchapter may not buy or sell a catalytic converter removed from a motor vehicle unless the catalytic converter was removed from the motor vehicle in connection with the person's repa…

Sec. 2305.005. RECORD OF REPLACED CYLINDER BLOCK. The owner of the garage or repair shop that installs a replacement cylinder block and stamps the original engine number on the block as required by Section 2305.051 shall record in a substantially bound book: (1) the name and addr…

Sec. 2305.0051. REPAIR RECORDS RELATED TO CATALYTIC CONVERTERS. (a) The owner of a garage or repair shop that sells or transfers to any person, including a metal recycling entity registered under Chapter 1956, a catalytic converter that was removed in connection with a motor vehi…