CHAPTER 2302. SALVAGE VEHICLE DEALERS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-14-regulation-of-motor-vehicles-and-transportation > 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;

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.

(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.

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.

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.

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.

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.

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;

(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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

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