Texas Occupations Code Title 14, Chapter 2309 - Used Automotive Parts Recyclers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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 (S.B. 1095), Sec....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...

SUBCHAPTER B ADVISORY BOARD

• Texas Section 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 (S.B. 1095), Sec. 7, eff. September 1,...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C POWERS AND DUTIES OF COMMISSION AND DEPARTMENT

• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D LICENSE REQUIREMENTS

• Texas Section 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 (S.B. 1095), Sec. 7,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E LOCAL REGULATION

• Texas Section 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...

SUBCHAPTER F ENFORCEMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 2309.253 - Sanctions
  The department may impose sanctions as provided by Section 51.353. Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September...

SUBCHAPTER G CONDUCTING BUSINESS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER H ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER I MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016