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TEXAS TRANSPORTATION COMMISSION |
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ALL Counties |
MINUTE ORDER |
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ALL Districts
The Texas Transportation Commission (commission) finds it necessary to adopt the repeal of Chapter 8, Motor Vehicle Distribution, Chapter 17, Vehicle Titles and Registration, and Chapter 18, Motor Carriers.
The preambles and the adopted repeals, attached to this minute order as Exhibits A - F, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the General Counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register.
IT IS THEREFORE ORDERED by the commission that the repeal of Chapter 8, Motor Vehicle Distribution, Chapter 17, Vehicle Titles and Registration, and Chapter 18, Motor Carriers are adopted and are authorized for filing with the Office of the Secretary of State.
The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001.
Submitted and reviewed by: |
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Recommended by: |
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General Counsel |
Executive Director |
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Minute |
Date |
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Department of Transportation |
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2The Texas Department of Transportation (department) adopts the
3 repeal of §§8.1 - 8.6, 8.21 - 8.58, 8.81 - 8.88, 8.101 - 8.114, 4 8.131 - 8.160, 8.171 - 8.181, 8.201 - 8.210, 8.241 - 8.271, and 5 8.301 - 8.317, all concerning 43 TAC Chapter 8, Motor Vehicle 6 Distribution. The repeal of §§8.1 - 8.6, 8.21 - 8.58, 8.81 - 7 8.88, 8.101 - 8.114, 8.131 - 8.160, 8.171 - 8.181, 8.201 -
8 8.210, 8.241 - 8.271, and 8.301 - 8.317 are adopted without
9 changes to the proposed text as published in the March 12, 2010
10issue of the Texas Register (35 TexReg 2131) and will not be
11republished.
12
13EXPLANATION OF ADOPTED REPEALS
14The legislature at its 2009 Regular Session enacted House Bill
15No. 3097, which created the Texas Department of Motor Vehicles
16(DMV) and transferred to the DMV the powers, duties,
17obligations, and rights of action of the department's vehicle
18titles and registration division and motor vehicle division, the
19Automobile Burglary Theft Prevention Authority, and the part of
20the department's motor carrier division responsible for motor
21carrier registration and the enforcement of Transportation Code,
22Subtitle F, Title 7, which relates to the regulation of vehicles
23and traffic. The legislation transferred the rules of the Texas
24Transportation Commission (commission) related to those powers,
25duties, obligations, and rights of action to the governing board
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Exhibit A |
Texas |
Department of Transportation |
Page 2 of 2 |
Motor |
Vehicle Distribution |
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1of the DMV effective November 1, 2009.
2
3 The repeal of Chapter 8, Motor Vehicle Distribution, removes the 4 sections that previously regulated motor vehicle dealers,
5 manufacturers, distributors, converters, representatives,
6 lessors, and lease facilitators, in accordance with Occupations 7 Code, Chapter 2301, and Transportation Code, Chapter 503. The 8 regulation of those entities will be under the DMV rules
9 contained in 43 TAC Chapter 215, Motor Vehicle Distribution,
10which were adopted by the Board of the Texas Department of Motor
11Vehicles in January 2010.
12
13COMMENTS
14No comments on the proposed repeals were received.
16STATUTORY AUTHORITY
17The repeals are adopted under Transportation Code, §201.101,
18which provides the commission with the authority to establish
19rules for the conduct of the work of the department.
21CROSS REFERENCE TO STATUTE
22None.
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Exhibit A |
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Texas Department of Transportation |
Page 1 of 9 |
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Motor Vehicle Distribution |
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1 |
CHAPTER 8. MOTOR VEHICLE DISTRIBUTION |
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2SUBCHAPTER A. GENERAL PROVISIONS
3 §8.1 Scope and Purpose
4§8.2 Definitions; Conformity with Statutory Requirements
5§8.3 Duties and Powers of Director
6 §8.4 Formal Opinions
7 §8.5 Informal Opinions
8 §8.6 Exempted Actions
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10 |
SUBCHAPTER B. ADJUDICATIVE PRACTICE AND PROCEDURE |
11 |
§8.21 |
Objective |
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12 |
§8.22 |
Prohibited Disclosures and Communications |
13 |
§8.23 |
Appearances |
14 |
§8.24 |
Petitions |
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15 |
§8.25 |
Affidavits |
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16 |
§8.26 |
Form of Petitions, Pleadings, and the Like |
17 |
§8.27 |
Complaints |
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18 |
§8.28 |
Docket |
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19 |
§8.29 |
Computing |
Time |
20 |
§8.30 |
Filing of |
Documents |
21 |
§8.31 |
Cease and |
Desist Orders |
22 |
§8.32 |
Enlargement of Time |
23 |
§8.33 |
Expenses of Witness or Deponent |
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NOTE: |
Repeals |
Exhibit B |
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1 §8.34 Institution of Adjudicative Proceedings
2§8.35 Notice of Hearing in Adjudicative Proceedings
3 |
§8.36 |
Reply |
4 |
§8.37 |
Hearings To Be Public |
5§8.38 Recording and Transcriptions of Hearing Cost
6 |
§8.39 |
Joint Record |
7 |
§8.40 |
Waiver of Hearing |
8 |
§8.41 |
Postponement of Hearing |
9 |
§8.42 |
Presiding Officials |
10 |
§8.43 |
Conduct of Hearing |
11 |
§8.44 |
Conduct and Decorum |
12 |
§8.45 |
Evidence |
13 |
§8.46 |
Stipulation of Evidence |
14 |
§8.47 |
Objections and Exceptions |
15 |
§8.48 |
Motions |
16 |
§8.49 |
Briefs |
17 |
§8.50 |
Service of Pleading, Petitions, Briefs, and the Like |
18 |
§8.51 |
Submission |
19§8.52 Findings and Recommendations of Hearing Officer
20§8.53 Filing of Exceptions
21§8.54 Form of Exceptions
22§8.55 Replies to Exceptions
23§8.56 Final Decision
NOTE: |
Repeals |
Exhibit B |
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1 §8.57 Submission of Amicus Briefs
2§8.58 Format for Documents Filed with the Director
3 Subsequent to the Issuance of a Proposal for Decision 4
5 SUBCHAPTER C. LICENSES, GENERALLY
7 §8.82 Administration of Licensing Fees
8 §8.83 Renewal of Licenses
9 §8.84 Brokering, New Motor Vehicles
10 §8.85 Brokering, Used Motor Vehicles
11§8.86 Processing of License Applications, Amendments, or
12Renewals
13§8.87 License Terms and Fees
14§8.88 Transition Period for the Issuance of Two-Year
15Licenses
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17SUBCHAPTER D. FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS,
18CONVERTERS AND REPRESENTATIVES
19 |
§8.101 |
Objectives |
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20 |
§8.102 |
Representatives |
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21 |
§8.103 |
Service-Only Facility |
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22 |
§8.104 |
Amended License |
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23 |
§8.105 |
Notification of License Application; Protest |
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NOTE: Repeals |
Exhibit B |
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1Requirements
2§8.106 Time for Filing Protest
4§8.108 Addition or Relocation of Line Make
5 §8.109 Replacement Dealership
6 §8.110 Franchise Verification
7§8.111 Notice of Termination or Noncontinuance of Franchise
8 and Time for Filing Protest
9§8.112 Motor Home Show Limitations and Restrictions
10§8.113 Manufacturer Ownership of Franchised Dealer; Good
11Cause Extension; Dealer Development
12§8.114 Sale of Vehicles by Manufacturer/Distributor at
13Wholesale Auction
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SUBCHAPTER |
E. GENERAL DISTINGUISHING NUMBERS |
16 |
§8.131 |
Objective |
17 |
§8.132 |
Definitions |
18 |
§8.133 |
General Distinguishing Number |
19§8.134 House Trailer; Travel Trailer; Towable Recreational
20Vehicle
21§8.135 More than One Location
22§8.136 Off-site Sales
23§8.137 Security Requirements
NOTE: |
Repeals |
Exhibit B |
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Department of Transportation |
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1§8.138 Use of Metal Dealer License Plates
2 §8.139 Metal Dealer Plate Allocation
3§8.140 Established and Permanent Place of Business
5§8.142 GDN Sanction and Qualification Hearing
6 §8.143 Manufacturers License Plates
7§8.144 Record of Sales and Inventory
8 §8.145 Change of Dealer’s Status
9 §8.146 Metal Converter's License Plates.
10§8.147 Proof of Valid License Required of Foreign Motor
11Vehicle Dealers
12§8.148 Dealer Agents
13§8.149 Independent Mobility Motor Vehicle Dealers
14§8.150 Authorization to Issue Temporary Tags
15§8.151 Temporary Tags, General Use Requirements, and
16Prohibitions
17§8.152 Obtaining Numbers for Issuance of Temporary Tags
18§8.153 Specifications for All Temporary Tags
19§8.154 Dealer Temporary Tags
20§8.155 Buyer's Temporary Tags
21§8.156 Buyer's Temporary Tag Receipt and Notice to Buyer
22§8.157 Advance Numbers, Internet-down Buyer's Temporary Tags
23§8.158 Advance Numbers, Emergency Buyer's Temporary Tags
NOTE: |
Repeals |
Exhibit B |
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1§8.159 General Requirements and Allocation of Internet-down
2 and Emergency Buyer's Tag Numbers
3 §8.160 Converter's Temporary Tags
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5 SUBCHAPTER F. LESSORS AND LEASE FACILITATORS
6 |
§8.171 |
Objective |
7 |
§8.172 |
Definitions |
8 |
§8.173 |
License |
9§8.174 Application for a License
11§8.176 More Than One Location
12§8.177 Established and Permanent Place of Business
13§8.178 Records of Leasing
14§8.179 Change of Lessor or Lease Facilitator Status
15§8.180 Required Notices to Lessees
16§8.181 General Distinguishing Number Exception
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18 SUBCHAPTER G. WARRANTY PERFORMANCE OBLIGATIONS
20 §8.202 Filing of Complaints
21 §8.203 Review of Complaints
22§8.204 Notification to Manufacturer, Converter, or
23Distributor
NOTE: |
Repeals |
Exhibit B |
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