State Codes and Statutes
Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-1003-department-procedures
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1003. DEPARTMENT PROCEDURES
Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
specifically provided by law, the department is subject to
Chapters 2001 and 2002, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) The
board or the department by rule may:
(1) create a summary procedure for routine matters; and
(2) designate department activities that otherwise would be
subject to Chapter 2001, Government Code, as routine matters to
be handled under the summary procedure.
(b) An activity may be designated as a routine matter only if
the activity is:
(1) voluminous;
(2) repetitive;
(3) believed to be noncontroversial; and
(4) of limited interest to anyone other than persons immediately
involved in or affected by the proposed department action.
(c) The rules may establish procedures different from those
contained in Chapter 2001, Government Code. The procedures must
require, for each party directly involved, notice of a proposed
negative action not later than the fifth day before the date the
action is proposed to be taken.
(d) A rule adopted by the board under this section may provide
for the delegation of authority to take action on a routine
matter to a salaried employee of the department designated by the
board.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
person directly or indirectly affected by an action of the board
or the department on a routine matter taken under the summary
procedure adopted under Section 1003.002 is entitled to a review
of the action under Chapter 2001, Government Code.
(b) The person must apply to the board not later than the 60th
day after the date of the action to be entitled to the review.
(c) The timely filing of the application for review immediately
stays the action pending a hearing on the merits.
(d) The board may adopt rules relating to an application for
review under this section and consideration of the application.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.
The board or the department, as applicable, may, on written
agreement or stipulation of each party and any intervenor,
informally dispose of a contested case in accordance with Section
2001.056, Government Code, notwithstanding any provision of this
code or other law that requires a hearing before the board or the
department, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-1003-department-procedures
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1003. DEPARTMENT PROCEDURES
Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
specifically provided by law, the department is subject to
Chapters 2001 and 2002, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) The
board or the department by rule may:
(1) create a summary procedure for routine matters; and
(2) designate department activities that otherwise would be
subject to Chapter 2001, Government Code, as routine matters to
be handled under the summary procedure.
(b) An activity may be designated as a routine matter only if
the activity is:
(1) voluminous;
(2) repetitive;
(3) believed to be noncontroversial; and
(4) of limited interest to anyone other than persons immediately
involved in or affected by the proposed department action.
(c) The rules may establish procedures different from those
contained in Chapter 2001, Government Code. The procedures must
require, for each party directly involved, notice of a proposed
negative action not later than the fifth day before the date the
action is proposed to be taken.
(d) A rule adopted by the board under this section may provide
for the delegation of authority to take action on a routine
matter to a salaried employee of the department designated by the
board.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
person directly or indirectly affected by an action of the board
or the department on a routine matter taken under the summary
procedure adopted under Section 1003.002 is entitled to a review
of the action under Chapter 2001, Government Code.
(b) The person must apply to the board not later than the 60th
day after the date of the action to be entitled to the review.
(c) The timely filing of the application for review immediately
stays the action pending a hearing on the merits.
(d) The board may adopt rules relating to an application for
review under this section and consideration of the application.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.
The board or the department, as applicable, may, on written
agreement or stipulation of each party and any intervenor,
informally dispose of a contested case in accordance with Section
2001.056, Government Code, notwithstanding any provision of this
code or other law that requires a hearing before the board or the
department, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Transportation-code >
Title-7-vehicles-and-traffic >
Chapter-1003-department-procedures TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1003. DEPARTMENT PROCEDURES
Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
specifically provided by law, the department is subject to
Chapters 2001 and 2002, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) The
board or the department by rule may:
(1) create a summary procedure for routine matters; and
(2) designate department activities that otherwise would be
subject to Chapter 2001, Government Code, as routine matters to
be handled under the summary procedure.
(b) An activity may be designated as a routine matter only if
the activity is:
(1) voluminous;
(2) repetitive;
(3) believed to be noncontroversial; and
(4) of limited interest to anyone other than persons immediately
involved in or affected by the proposed department action.
(c) The rules may establish procedures different from those
contained in Chapter 2001, Government Code. The procedures must
require, for each party directly involved, notice of a proposed
negative action not later than the fifth day before the date the
action is proposed to be taken.
(d) A rule adopted by the board under this section may provide
for the delegation of authority to take action on a routine
matter to a salaried employee of the department designated by the
board.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
person directly or indirectly affected by an action of the board
or the department on a routine matter taken under the summary
procedure adopted under Section 1003.002 is entitled to a review
of the action under Chapter 2001, Government Code.
(b) The person must apply to the board not later than the 60th
day after the date of the action to be entitled to the review.
(c) The timely filing of the application for review immediately
stays the action pending a hearing on the merits.
(d) The board may adopt rules relating to an application for
review under this section and consideration of the application.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.
The board or the department, as applicable, may, on written
agreement or stipulation of each party and any intervenor,
informally dispose of a contested case in accordance with Section
2001.056, Government Code, notwithstanding any provision of this
code or other law that requires a hearing before the board or the
department, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 1.01, eff. September 1, 2009.
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