CHAPTER 2302. SALVAGE VEHICLE DEALERS
OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES
CHAPTER 2302. SALVAGE VEHICLE DEALERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2302.001. DEFINITIONS. In this chapter:
(1) "Casual sale," "damage," "insurance company," "major
component part," "metal recycler," "motor vehicle,"
"nonrepairable motor vehicle," "nonrepairable vehicle title,"
"out-of-state buyer," "salvage motor vehicle," "salvage vehicle
title," "salvage vehicle dealer," and "used part" have the
meanings assigned by Section 501.091, Transportation Code.
(2) "Board" means the board of the Texas Department of Motor
Vehicles.
(3) "Department" means the Texas Department of Motor Vehicles.
(4) "Federal safety certificate" means the label or tag required
under 49 U.S.C. Section 30115 that certifies that a motor vehicle
or equipment complies with applicable federal motor vehicle
safety standards.
(5) "Salvage pool operator" means a person who engages in the
business of selling nonrepairable motor vehicles or salvage motor
vehicles at auction, including wholesale auction, or otherwise.
(6) "Salvage vehicle agent" means a person who acquires, sells,
or otherwise deals in nonrepairable or salvage motor vehicles 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.03, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.04, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.01, eff. September 1, 2009.
Sec. 2302.0015. CONSENT TO ENTRY AND INSPECTION. (a) A person
consents to an entry or inspection described by Subsection (b)
by:
(1) accepting a license under this chapter; or
(2) engaging in a business or activity regulated under this
chapter.
(b) For the purpose of enforcing or administering this chapter
or Chapter 501 or 502, Transportation Code, a member of the
board, an employee or agent of the board or department, a member
of the Public Safety Commission, an officer of the Department of
Public Safety, or a peace officer may at a reasonable time:
(1) enter the premises of a business regulated under one of
those chapters; and
(2) inspect or copy any document, record, vehicle, part, or
other item regulated under one of those chapters.
(c) A person described by Subsection (a):
(1) may not refuse or interfere with an entry or inspection
under this section; and
(2) shall cooperate fully with a person conducting an inspection
under this section to assist in the recovery of stolen motor
vehicles and parts and to prevent the sale or transfer of stolen
motor vehicles and parts.
(d) An entry or inspection occurs at a reasonable time for
purposes of Subsection (b) if the entry or inspection occurs:
(1) during normal business hours of the person or activity
regulated under this chapter; or
(2) while an activity regulated under this chapter is occurring
on the premises.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 17.04, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.05, eff. September 1, 2009.
Sec. 2302.005. APPLICABILITY OF CERTAIN MUNICIPAL ORDINANCES,
LICENSES, AND PERMITS. This chapter:
(1) is in addition to any municipal ordinance relating to the
regulation of a person who deals in nonrepairable or salvage
motor vehicles or used parts; and
(2) does not prohibit the enforcement of a requirement of a
municipal license or permit that is related to an activity
regulated under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
Sec. 2302.006. APPLICATION OF CHAPTER TO METAL RECYCLERS. (a)
Except as provided by Subsections (b) and (c), this chapter does
not apply to a transaction in 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 for the purpose of reuse or resale as a motor vehicle;
and
(2) is used for that purpose.
(c) Sections 2302.0015 and 2302.205 apply to a metal recycler.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.02, eff. September 1, 2009.
Sec. 2302.007. APPLICATION OF CHAPTER TO INSURANCE COMPANIES.
This chapter does not apply to an insurance company.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 3, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board shall
adopt rules as necessary to administer this chapter and may take
other action as necessary to enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.07, eff. September 1, 2009.
Sec. 2302.052. DUTY TO SET FEES. The board shall set
application fees, license fees, renewal fees, and other fees as
required to implement this chapter. The board shall set the fees
in amounts reasonable and necessary to implement and enforce this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.07, eff. September 1, 2009.
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 deceptive practices by the person.
(b) The board 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.07, eff. September 1, 2009.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 2302.101. LICENSE REQUIRED FOR SALVAGE VEHICLE DEALER.
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 insurance company.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.05, eff.
Sept. 1, 2003.
Sec. 2302.102. SALVAGE VEHICLE DEALER LICENSE CLASSIFICATION.
(a) The department shall classify a salvage vehicle dealer
according to the type of activity performed by the dealer.
(b) A salvage vehicle dealer may not engage in activities of a
particular classification unless the dealer holds a license with
an endorsement in that classification.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2302.103. APPLICATION FOR SALVAGE VEHICLE DEALER LICENSE.
(a) To apply for a salvage vehicle dealer license, a person must
submit to the department an application on a form prescribed by
the department. The application must be signed by the applicant
and accompanied by the application fee.
(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) salvage pool operator;
(4) salvage vehicle broker; or
(5) salvage vehicle rebuilder.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.04, eff. September 1, 2009.
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 number, street, and municipality, of each
office at which the applicant proposes to conduct business;
(4) a statement indicating whether the applicant previously
applied for a license under this chapter and, if so, a statement
indicating the result of the previous application and indicating
whether the applicant has ever been the holder of a license
issued under this chapter that was revoked or suspended;
(5) a statement of the previous history, record, and
associations of the applicant to the extent sufficient to
establish, to the satisfaction of the department, the business
reputation and character of the applicant;
(6) the applicant's federal tax identification number, if any;
(7) the applicant's state sales tax number; and
(8) any other information required by rules adopted under this
chapter.
(b) In addition to the information required by Subsection (a),
the application of a corporation must include:
(1) the state of its incorporation;
(2) the name, address, date of birth, and social security number
of each principal officer or director of the corporation;
(3) a statement of the previous history, record, and
associations of each officer and each director to the extent
sufficient to establish, to the satisfaction of the department,
the business reputation and character of the applicant; and
(4) a statement showing whether an officer, director, or
employee of the applicant has been refused a license as a salvage
vehicle dealer or has been the holder of a license issued under
this chapter that was revoked or suspended.
(c) In addition to the information required by Subsection (a),
the application of a partnership must include:
(1) the name, address, date of birth, and social security number
of each owner or partner;
(2) a statement of the previous history, record, and
associations of each owner and each partner to the extent
sufficient to establish, to the satisfaction of the department,
the business reputation and character of the applicant; and
(3) a statement showing whether an owner, partner, or employee
of the applicant has been refused a license as a salvage vehicle
dealer or has been the holder of a license issued under this
chapter that was revoked or suspended.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 the department receives the
application. The department shall report to the applicant the
results of the investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 that of a governmental entity or
that is otherwise deceptive or misleading to the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2302.107. SALVAGE VEHICLE AGENT LICENSE. (a) A person may
not act as a salvage vehicle agent unless the person holds a
salvage vehicle agent license issued under this chapter.
(b) A person is entitled to a salvage vehicle agent license on
application to the department, payment of the required fee, and
authorization from a salvage vehicle dealer to operate under the
dealer's license.
(c) A salvage vehicle dealer may authorize not more than five
persons to operate as salvage vehicle agents under the dealer's
license.
(d) A salvage vehicle agent may acquire, sell, or otherwise deal
in, nonrepairable or salvage motor vehicles as directed by the
authorizing dealer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 17.06, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.05, eff. September 1, 2009.
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 the procedures for disciplinary action. A
rule adopted under this subsection may not conflict with a rule
adopted by the State Office of Administrative Hearings.
(c) A proceeding under this section is subject to Chapter 2001,
Government Code.
(d) A person whose license is revoked may not apply for a new
license before the first anniversary of the date of the
revocation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.08, eff. September 1, 2009.
SUBCHAPTER D. LICENSE EXPIRATION AND RENEWAL
Sec. 2302.151. LICENSE EXPIRATION. (a) A license issued under
this chapter expires on the first anniversary of the date of
issuance.
(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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 license has been expired for 90 days or less
may renew the license by paying to the department a renewal fee
that is equal to 1-1/2 times the normally required renewal fee.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to
the department a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose license has been expired for one year or
longer may not renew the license. The person may obtain a new
license by complying with the requirements and procedures for
obtaining an original license.
(e) A person who was licensed in this state, moved to another
state, and has been doing business in the other state for the two
years preceding the date of application may renew an expired
license. The person must pay to the department a renewal fee that
is equal to two times the normally required renewal fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER E. CONDUCTING BUSINESS
Sec. 2302.201. DUTIES ON ACQUISITION OF SALVAGE MOTOR VEHICLE.
(a) 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 dealer shall comply with Subchapter E, Chapter 501,
Transportation Code.
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.
Sept. 1, 2003.
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.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.06, eff. September 1, 2009.
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 three 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 board shall adopt rules as necessary to regulate casual
sales by salvage vehicle dealers, insurance companies, or salvage
pool operators and to enforce this section; and
(2) a salvage vehicle dealer, insurance company, or salvage pool
operator who sells a motor vehicle in a casual sale shall comply
with those rules and Subchapter E, Chapter 501, Transportation
Code.
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.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3I.09, eff. September 1, 2009.
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, Transportation Code.
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.
Sept. 1, 2003.
SUBCHAPTER F. ADDITIONAL DUTIES OF SALVAGE VEHICLE DEALER IN
CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
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" means an interior component part, a
special accessory part, or a motor vehicle part that displays or
should display one or more 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 tire, wheel, tailgate, or
removable glass top of a motor vehicle.
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.
Sept. 1, 2003.
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 maintain on a form provided
by the department an inventory of unexpired license plates
removed under Subsection (a). The inventory must include:
(1) each license plate number;
(2) the make of the motor vehicle from which the license plate
was removed;
(3) the motor number of that vehicle; and
(4) the vehicle identification number of that vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 purchase or delivery;
(2) the name, age, address, sex, and driver's license number of
the seller and a legible photocopy of the seller's driver's
license;
(3) the license plate number of the motor vehicle in which the
part was delivered;
(4) a complete description of the part, including the type of
material and, if applicable, the make, model, color, and size of
the part; and
(5) the vehicle identification number of the motor vehicle from
which the part was removed.
(b) Instead of the information required by Subsection (a), a
salvage vehicle dealer 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 that person.
(c) The department shall prescribe the form of the record
required under Subsection (a) and shall make the form available
to salvage vehicle dealers.
(d) This section does not apply to:
(1) an interior component part or special accessory part that is
from a motor vehicle more than 10 years of age; or
(2) a part delivered to a salvage vehicle dealer by a commercial
freight line or commercial carrier.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 dealer obtains in the transaction; and
(3) retain each component part in its original condition on the
business premises of the dealer for at least three calendar days,
excluding Sundays, after the date the dealer obtains the part.
(b) An inventory number attached to a component part under
Subsection (a) may not be removed while the part remains in the
inventory of the salvage vehicle dealer.
(c) A salvage vehicle dealer shall record a component part on an
affidavit bill of sale if:
(1) the component part does not have a vehicle identification
number or the vehicle identification number has been removed; or
(2) the vehicle identification number of the vehicle from which
the component part was removed is not available.
(d) The department shall prescribe and make available the form
for the affidavit bill of sale.
(e) This section does not apply to the purchase by a salvage
vehicle dealer of a nonoperational engine, transmission, or rear
axle assembly from another salvage vehicle dealer or an
automotive-related business.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 the dealer sells or disposes of the
item for which the record is maintained.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 required to possess or maintain.
(b) The department shall provide a signed receipt for a
surrendered certificate of title or license plate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 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 salvage vehicle dealer at any reasonable time in order to
verify, check, or audit the records required to be maintained
under this subchapter.
(d) A salvage vehicle dealer or an employee of the dealer shall
allow and may not interfere with a peace officer's inspection of
the dealer's inventory, premises, or required inventory records
or affidavit bills of sale.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER G. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
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 sale
or purchase 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.
Sept. 1, 2003.
SUBCHAPTER H. PENALTIES AND ENFORCEMENT
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 salvage vehicle dealer, an employee of the dealer
acting in the course of employment, or a salvage vehicle agent
operating under the dealer's license is convicted of more than
one offense under Section 2302.353(a), the district attorney for
a county in which the dealer's salvage business is located may
bring an action in that county to enjoin the dealer's business
operations for a period of at least one year.
(c) An action under Subsection (b) must be brought in the name
of the state. If judgment is in favor of the state, the court
shall:
(1) enjoin the dealer from maintaining or participating in the
business of a salvage vehicle dealer for a definite period of at
least one year or indefinitely, as determined by the court; and
(2) order that the dealer's place of business be closed for the
same period.
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.
Sept. 1, 2003.
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 knowingly violates
Subchapter G.
(c) An offense under Subsection (a) is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant
has been previously convicted of an offense under that
subsection, in which event the offense is punishable as a state
jail felony.
(d) An offense under Subsection (b) is a Class C misdemeanor.
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.
Sept. 1, 2003.