Title OC, Occupations Code

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, r…

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 automoti…

Sec. 2309.005. APPLICABILITY OF CHAPTER TO INSURANCE COMPANIES. This chapter does not apply to an insurance company. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff.…

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 …

Sec. 2309.052. TERMS; VACANCIES. (a) Advisory board members serve staggered terms of six years. (b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 871 (S.B. 2075), Sec. 62(5), eff. September 1, 2025. (c) If a vacancy occurs during a term, the presiding officer of the commission shal…

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 two years. The presiding officer of the advisory board may vote on any matter before the adv…

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. Added by Acts 2009, 81st Leg., R.S…

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. A…

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. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009, 81st …

Sec. 2309.102. RULES. (a) The commission shall adopt rules for licensing used automotive parts recyclers. (b) The commission by rule shall adopt standards of conduct for license holders under this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. Sep…

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 …

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. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009, 81st…

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 th…

Sec. 2309.106. PERIODIC INSPECTIONS. (a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(30), eff. September 1, 2021. (b) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this ch…

Sec. 2309.107. PERSONNEL. The department may employ personnel necessary to administer and enforce this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. Sept…

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 aut…

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 othe…

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…

Sec. 2309.155. NONTRANSFERABILITY OF LICENSE. A license issued by the executive director is valid throughout this state and is not transferable. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. 933 …

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 l…

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) Thi…

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 ch…

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 pro…

Sec. 2309.253. SANCTIONS. The department may impose sanctions as provided by Section 51.353. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2010. Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2010.

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 l…

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 o…

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. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 109…

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…

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 a…

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 r…

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 …

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 driv…

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.…

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. Added by Acts 2009, 81st Leg., R.S., Ch. 78…

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…

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 …

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. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009. Added by Acts 2009,…

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 con…

Sec. 2310.001. DEFINITIONS. (a) In this chapter: (1) "Automotive fuel rating" has the meaning assigned by 15 U.S.C. Section 2821. (2) "Commission" means the Texas Commission of Licensing and Regulation. (3) "Dealer" means a person who is the operator of a retail motor fuel facili…

Sec. 2310.002. ENFORCEMENT OF CHAPTER. (a) Notwithstanding any other law, the department shall administer and enforce the provisions of this chapter and shall regulate all motor fuel metering devices sold or offered for sale in this state. The department may purchase apparatus as…

Sec. 2310.003. CIVIL PENALTY; INJUNCTION. (a) A person who violates Subchapter B or C or a rule adopted under Subchapter B or C is liable to the state for a civil penalty not to exceed $500 for each violation. Each day a violation continues may be considered a separate violation …

Sec. 2310.031. DEFINITION. In this subchapter, "board" means the Motor Fuel Metering and Quality Advisory Board. Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 3, eff. September…

Sec. 2310.032. BOARD MEMBERSHIP. (a) The board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission, as follows: (1) four members who are dealers or representatives designated by the dealers, including: (A) one dealer …

Sec. 2310.033. TERMS; VACANCY. (a) Members of the board serve staggered six-year terms. (b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term. Added by Acts 2…

Sec. 2310.034. PRESIDING OFFICER. The presiding officer of the commission, with the approval of the commission, shall appoint one of the board members to serve as presiding officer of the board for a term of two years. Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec…

Sec. 2310.035. DUTIES. The board may advise the commission and department on: (1) the adoption of appropriate standards for the installation, maintenance, calibration, alteration, operation, testing, or inspection, as applicable, of: (A) motor fuel dispensing devices; (B) motor f…