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.