CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS
OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES
CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2309.001. SHORT TITLE. This chapter may be cited as the
Texas Used Automotive Parts Recycling Act.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Sec. 2309.002. DEFINITIONS. In this chapter:
(1) "Insurance company," "metal recycler," "motor vehicle,"
"nonrepairable motor vehicle," "nonrepairable vehicle title,"
"salvage motor vehicle," "salvage vehicle title," and "salvage
vehicle dealer" have the meanings assigned by Section 501.091,
Transportation Code.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Department" means the Texas Department of Licensing and
Regulation.
(4) "Executive director" means the executive director of the
department.
(5) "Used automotive part" has the meaning assigned to "used
part" by Section 501.091, Transportation Code.
(6) "Used automotive parts recycler" means a person licensed
under this chapter to operate a used automotive parts recycling
business.
(7) "Used automotive parts recycling" means the dismantling and
reuse or resale of used automotive parts and the safe disposal of
salvage motor vehicles or nonrepairable motor vehicles, including
the resale of those vehicles.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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, released, or delivered to a metal
recycler as a source of used automotive parts; and
(2) is used as a source of used automotive parts.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 automotive parts as more than an incidental part of the
salvage vehicle dealer's primary business.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER B. ADVISORY BOARD
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 board shall include members who represent used
automotive parts businesses owned by domestic entities, as
defined by Section 1.002, Business Organizations Code.
(c) The advisory board shall include one member who represents a
used automotive parts business owned by a foreign entity, as
defined by Section 1.002, Business Organizations Code.
(d) The advisory board may not include more than one member from
any one used automotive parts business entity.
(e) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Sec. 2309.052. TERMS; VACANCIES. (a) Advisory board members
serve terms of six years, with the terms of one or two members
expiring on February 1 of each odd-numbered year.
(b) A member may not serve more than two full consecutive terms.
(c) If a vacancy occurs during a term, the presiding officer of
the commission shall appoint a replacement who meets the
qualifications of the vacated position to serve for the remainder
of the term.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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
one year. The presiding officer of the advisory board may vote
on any matter before the advisory board.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Sec. 2309.056. MEETINGS. The advisory board shall meet twice
annually and may meet at other times at the call of the presiding
officer of the commission or the executive director.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Sec. 2309.102. RULES. (a) The commission shall adopt rules for
licensing used automotive parts recyclers and used automotive
parts employees.
(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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 or permit holder with a
connection to the applicant, has:
(1) before the application date, been convicted of, pleaded
guilty or nolo contendere to, or been placed on deferred
adjudication for:
(A) a felony; or
(B) a misdemeanor punishable by confinement in jail or by a fine
exceeding $500;
(2) violated an order of the commission or executive director,
including an order for sanctions or administrative penalties; or
(3) knowingly submitted false information on the application.
(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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 the person.
(b) The commission 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 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Sec. 2309.106. PERIODIC AND RISK-BASED INSPECTIONS. (a) The
department shall inspect each used automotive parts recycling
facility at least once every two years.
(b) The department may enter and inspect at any time during
business hours:
(1) the place of business of any person regulated under this
chapter; or
(2) any place in which the department has reasonable cause to
believe that a license holder is in violation of this chapter or
in violation of a rule or order of the commission or executive
director.
(c) The department shall conduct additional inspections based on
a schedule of risk-based inspections using the following
criteria:
(1) the inspection history;
(2) any history of complaints involving a used automotive parts
recycler; and
(3) any other factor determined by the commission by rule.
(d) A used automotive parts recycler shall pay a fee for each
risk-based inspection performed under this section. The
commission by rule shall set the amount of the fee.
(e) In conducting an inspection under this section, the
department may inspect a facility, a used automotive part, a
business record, or any other place or thing reasonably required
to enforce this chapter or a rule or order adopted under this
chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER D. LICENSE REQUIREMENTS
Text of section effective on September 01, 2010
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 automotive parts recycler license:
(1) is valid only with respect to the person who applied for the
license; and
(2) authorizes the license holder to operate a used automotive
parts recycling business only at the one facility listed on the
license.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
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 other information required by commission rule.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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
than $250,000; and
(3) proof of a storm water permit if the applicant is required
by the Texas Commission on Environmental Quality to obtain a
permit.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
Text of section effective on September 01, 2010
Sec. 2309.154. USED AUTOMOTIVE PARTS EMPLOYEE LICENSE REQUIRED.
(a) A person employed by a used automotive parts recycler may
not in the scope of the person's employment acquire a vehicle or
used automotive parts and may not sell used automotive parts
unless the person holds a used automotive parts employee license
issued under this chapter.
(b) The commission by rule shall adopt requirements for the
application for and issuance of a used automotive parts employee
license under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 license expires. The notice must be in
writing and sent to the license holder's last known address
according to the records of the department.
(c) The commission by rule shall adopt requirements to renew a
license issued under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER E. LOCAL REGULATION
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) This chapter does not prohibit the enforcement of an
applicable municipal license or permit requirement that is
related to an activity regulated under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER F. ENFORCEMENT
Text of section effective on September 01, 2010
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 chapter; or
(2) a rule or order of the executive director or commission.
(b) An administrative penalty may not be imposed unless the
person charged with a violation is provided the opportunity for a
hearing.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
Text of section effective on September 01, 2010
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 protect public health
and safety.
(b) The attorney general or executive director may institute an
action for an injunction or a civil penalty under this chapter as
provided by Section 51.352.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
Text of section effective on September 01, 2010
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, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
Text of section effective on September 01, 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
license required by this chapter.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2010.
SUBCHAPTER G. CONDUCTING BUSINESS
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 ownership of a
motor vehicle, nonrepairable motor vehicle, or salvage motor
vehicle for the purpose of dismantling, scrapping, or destroying
the motor vehicle, shall, before the 31st day after the date of
acquiring the motor vehicle, submit to the Texas Department of
Transportation a properly assigned manufacturer's certificate of
origin, regular certificate of title, nonrepairable vehicle
title, salvage vehicle title, other ownership document, or
comparable out-of-state ownership document for the motor vehicle.
(c) After receiving the title or document, the Texas Department
of Transportation shall issue the used automotive parts recycler
a receipt for the manufacturer's certificate of origin, regular
certificate of title, nonrepairable vehicle title, salvage
vehicle title, other ownership document, or comparable
out-of-state ownership document.
(d) The recycler shall comply with Subchapter E, Chapter 501,
Transportation Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 by the Texas Commission on
Environmental Quality.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER
IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
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 an interior component part, a
special accessory part, or a motor vehicle part that displays or
should display at least one 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 motor vehicle's tire,
wheel, tailgate, or removable glass top.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 recycler.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 the vehicle issued
under Chapter 683, Transportation Code; or
(2) a certificate of title showing that there are no liens on
the vehicle or that all recorded liens have been released.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 driver's license number of the seller and a legible
photocopy of the seller's driver's license; and
(3) a description of the part and, if applicable, the make and
model of the part.
(b) As an alternative to the information required by Subsection
(a), a used automotive parts recycler 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 the person.
(c) The department shall prescribe the form of the record
required by Subsection (a) and shall make the form available to
used automotive parts recyclers.
(d) This section does not apply to:
(1) an interior component part or special accessory part from a
motor vehicle more than 10 years old; or
(2) a part delivered to a used automotive parts recycler by a
commercial freight line, commercial carrier, or licensed used
automotive parts recycler.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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.
(b) This section does not apply to the purchase by a used
automotive parts recycler of a nonoperational engine,
transmission, or rear axle assembly from another used automotive
parts recycler or an automotive-related business.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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.
(b) The Texas Department of Transportation shall provide a
signed receipt for a surrendered certificate of title.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
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 copy of a record required
to be maintained under this subchapter.
(c) A peace officer may inspect the inventory on the premises of
a used automotive parts recycler at any reasonable time to
verify, check, or audit the records required to be maintained
under this subchapter.
(d) A used automotive parts recycler or an employee of the
recycler shall allow and may not interfere with a peace officer's
inspection of the recycler's inventory, premises, or required
inventory records.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.
SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
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, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 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 conduct necessary to a sale
or purchase by the recycler.
Added by Acts 2009, 81st Leg., R.S., Ch.
783, Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 4.07, eff. September 1, 2009.