CHAPTER 2304. NONMECHANICAL REPAIRS TO MOTOR VEHICLES
OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES
CHAPTER 2304. NONMECHANICAL REPAIRS TO MOTOR VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2304.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Natural Resource Conservation
Commission.
(2) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission.
(3) "Motor vehicle" means a vehicle with at least four wheels
that is self-propelled and that can transport a person or
property on a public street or highway. The term does not include
a vehicle that is used exclusively on stationary tracks.
(4) "Repair facility" means a person that engages in the
business of repairing or replacing the nonmechanical exterior or
interior body parts of a damaged motor vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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, street address, and mailing address of each
location at which the applicant operates a repair facility;
(2) the name and address of:
(A) each owner, partner, officer, or director of the applicant;
and
(B) if the applicant is a corporation, each shareholder holding
10 percent or more of the outstanding shares;
(3) the identification number assigned by, or a statement of
other evidence of compliance with any applicable requirements of:
(A) the United States Environmental Protection Agency;
(B) the United States Occupational Safety and Health
Administration;
(C) the commission;
(D) the Texas Department of Health;
(E) the comptroller; and
(F) a municipality or county; and
(4) a statement of each conviction obtained against the
applicant or a partner or officer of the applicant during the
three years preceding the date of the application of:
(A) a felony; or
(B) a misdemeanor punishable by confinement in jail or by a fine
exceeding $200.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 application and required fee, the
executive director shall issue a certificate of registration to
the applicant.
(c) A certificate of registration expires on the first
anniversary of the date of issuance and may be renewed annually
in the manner prescribed by the commission. An application for
renewal must be submitted to the executive director within 30
days before the expiration date of the certificate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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. 1421, Sec. 5, eff. June 1,
2003.
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 certificate of registration
was lost or destroyed; and
(2) a $25 replacement fee.
(c) The executive director shall issue a replacement certificate
of registration on receipt of the affidavit and replacement fee.
(d) A replacement certificate of registration must be clearly
identified as a replacement certificate on the certificate and in
the records of the commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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) endorse on the certificate the date of expiration,
termination, or surrender.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 shall annually publish a list of:
(1) the name and address of each person registered under this
chapter; and
(2) the name of each person whose registration has been revoked,
suspended, or surrendered during the period and the specific date
of the suspension, revocation, or surrender.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER C. PRACTICE BY CERTIFICATE HOLDER
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, eff. June 1,
2003.
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, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 record:
(1) a description of the vehicle;
(2) the vehicle identification number;
(3) the date the vehicle entered the certificate holder's
premises;
(4) the odometer reading at the time the vehicle is received;
(5) the name and address of the person from whom the vehicle is
received; and
(6) a signed authorization for the work to be performed on the
vehicle.
(b) If a motor vehicle is towed to the certificate holder's
repair facility without the consent of the owner of the vehicle,
the information in the record is the information provided by the
law enforcement agency that initiated the towing process.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
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. 1421, Sec. 5, eff. June 1,
2003.
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 director may suspend or revoke a certificate
of registration based on a ground established under this section.
(c) Procedures for the suspension or revocation of a certificate
of registration are governed by Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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 the 10th day
after the date of notice of the violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
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.