Law:Title 7. Vehicles And Traffic (Texas)

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Subtitle M. Department Of Motor Vehicles

Contents

Chapter 1001. Organization Of Department

Subchapter A. General Provisions

Section 1001.001.  Definitions.

In this subtitle:

(1)  "Board" means the board of the department.

(2)  "Department" means the Texas Department of Motor Vehicles.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 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)  Chapters 642, 643, 645, 646, and 648; and

(3)  Chapters 2301 and 2302, Occupations Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 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)  motor carriers;

(3)  motor vehicle board; and

(4)  vehicle titles and registration.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.006.  Defense By Attorney General.

The attorney general shall defend an action brought against the board or the department or an action brought against an employee of the department as a result of the employee's official act or omission, regardless of whether at the time of the institution of the action that person has terminated service with the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Subchapter B. Board Of Department Of Motor Vehicles

Section 1001.021.  Board.

(a) The board consists of nine members appointed by the governor with the advice and consent of the senate.

(b)  Three members must be persons who hold a dealer's license issued under Chapter 2301, Occupations Code, of whom two must be franchised dealers of different classes and one must be an independent dealer; one member must be a representative of a manufacturer or distributor that holds a license issued under Chapter 2301, Occupations Code; one member must be a tax assessor-collector; one member must be a representative of a law enforcement agency of a county or municipality; and one member must be a representative of the motor carrier industry.  The remaining members must be public members.

(c)  Except as necessary to comply with Subsection (b), a person is not eligible for appointment as a member of the board 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 board membership, attendance, or expenses; or

(4)  is registered, certified, or licensed by the department.

(d)  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 may not serve as a member of the board.

(e)  Appointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.023.  Chair And Vice Chair; Duties.

(a) The governor shall appoint one of the board's members chair of the board. The board shall elect one of its members vice chair of the board.  A chair or vice chair serves at the pleasure of the board.

(b)  The chair shall:

(1)  preside over board meetings, make rulings on motions and points of order, and determine the order of business;

(2)  represent the department in dealing with the governor;

(3)  report to the governor on the state of affairs of the department at least quarterly;

(4)  report to the board 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;

(6)  periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the board, and the Legislative Budget Board;

(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;

(8)  create subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole;

(9)  appoint a member of the board to act in the chair's absence; and

(10)  serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.024.  Board Meetings.

The board shall hold regular meetings at least quarterly and special meetings at the call of the chair.  Board members shall attend the meetings of the board.  The chair 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.025.  Recommendations To Legislature.

(a) The board 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 board, 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 board and relating to the operation of the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.026.  Compensation.

A member of the board is entitled to compensation as provided by the General Appropriations Act.  If compensation for board 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 board.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.027.  Grounds For Removal.

(a) It is a ground for removal from the board if a board member:

(1)  does not have at the time of appointment or maintain during service on the board the qualifications required by Section 1001.021;

(2)  violates a prohibition provided by Section 1001.021;

(3)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(4)  is absent from more than half of the regularly scheduled board meetings that the board member is eligible to attend during a calendar year, unless the absence is excused by 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 knows that a potential ground for removal exists, the director shall notify the chair of the board 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 board member, who shall notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.028.  Conflict Of Interest.

(a) A member of the board shall disclose in writing to the executive director if the member has an interest in a matter before the board or has a substantial financial interest in an entity that has a direct interest in the matter.

(b)  The member shall recuse himself or herself from the board's deliberations and actions on the matter in Subsection (a) and may not participate in the board's decision on the matter.

(c)  A person has a substantial financial interest in an entity if the person:

(1)  is an employee, member, director, or officer of the entity; or

(2)  owns or controls, directly or indirectly, more than a five percent interest in the entity.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.029.  Information On Qualifications And Conduct.

The department shall provide to the members of the board, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.030.  Training On Department And Certain Laws Relating To Department.

(a) To be eligible to take office as a member of the board, a person appointed to the board 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 board or the Texas Ethics Commission.

(c)  A person appointed to the board 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 board.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.031.  Advisory Committees.

(a) The board shall establish separate advisory committees for the motor carrier, motor vehicles, and vehicle titles and registration divisions to make recommendations to the board or the executive director on the operation of the applicable division.  A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board.  A committee and each committee member serves at the will of the board.

(b)  The board shall appoint persons to each advisory committee who:

(1)  are selected from a list provided by the executive director; and

(2)  have knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee or applicable division.

(c)  The advisory committee for the motor vehicles division must include a member to represent motor vehicle manufacturers and a member to represent the recreational vehicle industry.

(d)  The advisory committee for the motor carrier division must include a member to represent the motor transportation industry.

(e)  A member of an advisory committee may not be compensated by the board or the department for committee service.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Subchapter C. Personnel

Section 1001.041.  Department Personnel.

(a) Subject to the General Appropriations Act or other law, the executive director shall appoint deputies, assistants, and other personnel as necessary to carry out the powers and duties of the department under this code, other applicable vehicle laws of this state, and other laws granting jurisdiction or applicable to the department.

(b)  A person appointed under this section must have the professional and administrative experience necessary to qualify the person for the position to which the person is appointed.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.042.  Division Of Responsibilities.

The board shall develop and implement policies that clearly define the respective responsibilities of the director and the staff of the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.043.  Equal Employment Opportunity Policy; Report.

(a) The executive director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;

(2)  a comprehensive analysis of the department workforce that meets federal and state guidelines;

(3)  procedures by which a determination can be made of significant underuse in the department workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and

(4)  reasonable methods to appropriately address those areas of significant underuse.

(b)  A policy statement prepared under this section must:

(1)  cover an annual period;

(2)  be updated annually;

(3)  be reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (a); and

(4)  be filed with the governor.

(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.044.  Qualifications And Standards Of Conduct.

The executive director shall provide to department employees, as often as necessary, information regarding their:

(1)  qualification for office or employment under this subtitle; and

(2)  responsibilities under applicable laws relating to standards of conduct for state employees.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1001.045.  Career Ladder Program; Performance Evaluations.

(a) The executive director or the director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.

(b)  The executive director or the director's designee shall develop a system of annual performance evaluations.  All merit pay for department employees must be based on the system established under this subsection.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.

Chapter 1002. Rules

Section 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.



Section 1002.002.  Rules Restricting Advertising Or Competitive Bidding.

The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.

Added by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 1.01, eff. September 1, 2009.


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