HBA-MPA H.B. 3717 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3717 By: Alexander Transportation 3/26/1999 Introduced BACKGROUND AND PURPOSE The Texas Motor Vehicle Commission was created in 1971 to regulate dealers and manufacturers of motor vehicles and the relations between and among them, as well as their relations with the motor vehicle purchaser. Until 1992, the commission was an independent state agency. Effective September 1, 1992, the commission was renamed the Motor Vehicle Division and consolidated with Texas Department of Transportation (TxDOT), where it currently resides as an independent entity with a separate board, known as the Texas Motor Vehicle Board (board), consisting of nine members appointed by the governor. The consolidation, though a positive change in many ways, has had several problems. The mission of the board is substantially different from TxDOT, and it has proven difficult from an administrative standpoint to craft a truly workable statutory framework to establish the relationship between the two boards under one umbrella. H.B. 3717 removes the board from TxDOT and reestablishes it as an independent agency of the state. This bill contains no substantive amendments as to the activities of either the board or TxDOT and does not affect the mission of either. This bill will leave undisturbed current law as to the funding of and disposition of revenues generated by the board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Transportation Commission is modified in SECTION 14 (Section 503.002, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.03, Article 4413(36), V.T.C.S. (Motor Vehicle Commission Code), to redefine "board" as the Texas Motor Vehicle Board, rather than the Motor Vehicle Board of the Texas Department of Transportation. (This bill establishes the Texas Motor Vehicle Board as an independent agency in conformance with SECTION 38 of this Act.) Makes conforming changes. SECTION 2. Amends Section 2.01(a), Article 4413(36), V.T.C.S., to make a conforming change. SECTION 3. Amends Section 2.02(a), Article 4413(36), V.T.C.S., to make a conforming change. SECTION 4. Repeals Section 2.02(b), Article 4413(36), V.T.C.S., to make conforming and nonsubstantive changes. SECTION 5. Amends Section 2.03A, Article 4413(36), V.T.C.S., to make conforming and nonsubstantive changes. SECTION 6. Amends Section 2.08A(c), Article 4413(36), V.T.C.S., to make a conforming change. SECTION 7. Amends Section 2.09(a), Article 4413(36), V.T.C.S., to make conforming and nonsubstantive changes. SECTION 8. Amends Section 2.10, Article 4413(36), V.T.C.S., to make conforming changes. SECTION 9. Amends 2.13, Article 4413(36), V.T.C.S., to update the statutory reference and make conforming changes. SECTION 10. Repeals Section 3.01A, Article 4413(36), V.T.C.S., which calls for coordination between the Texas Motor Vehicle Board (board) and the Texas Department of Transportation (TxDOT) to develop policy and share resources. SECTION 11. Amends Section 6.07, Article 4413(36), V.T.C.S., to make conforming changes. SECTION 12. Amends Section 7.01(b), Article 4413(36), V.T.C.S., to make conforming and nonsubstantive changes. SECTION 13. Amends Section 503.001, Transportation Code, to make conforming and nonsubstantive changes. SECTION 14. Amends Section 503.002, Transportation Code, to authorize the board to adopt rules to administer this chapter (Dealer's and Manufacturer's Vehicle License Plates). SECTION 13. Amends Section 503.003, Transportation Code, to make conforming changes. (There is an additional SECTION 13 of this bill.) SECTION 15. Amends Section 503.005, Transportation Code, to make conforming changes. SECTION 16. Amends Section 503.006, Transportation Code, to make a conforming change. SECTION 17. Makes no change to Section 503.007(d), Transportation Code. SECTION 18. Makes no change to Section 503.008(d), Transportation Code. SECTION 19. Amends Section 503.024(c), Transportation Code, to make a conforming change. SECTION 20. Amends Section 503.027(b), Transportation Code, to make a conforming change. SECTION 21. Amends Section 503.028(a), Transportation Code, to make a conforming change. SECTION 22. Amends Section 503.029(a), Transportation Code, to make conforming and nonsubstantive changes. SECTION 23. Amends Section 503.030(a), Transportation Code, to make a conforming change. SECTION 24. Amends Section 503.031(a), Transportation Code, to make conforming changes. SECTION 25. Amends Section 503.032(a), Transportation Code, to make a conforming change. SECTION 26. Amends Sections 503.033(a), (c), and (g), Transportation Code, to make conforming changes. SECTION 27. Amends Section 503.034, Transportation Code, to make conforming changes. SECTION 28. Amends Section 503.035, Transportation Code, to make a conforming change. SECTION 29. Amends Sections 503.038(a), (b), and (c), Transportation Code, to make conforming changes. SECTION 30. Amends Section 503.0615, Transportation Code, to make conforming changes. SECTION 31. Amends Section 503.062(d), Transportation Code, to make a conforming change. SECTION 32. Amends Section 503.063(e), Transportation Code, to make a conforming change. SECTION 33. Amends Sections 503.065(a), (b), and (d), Transportation Code, to make conforming changes. SECTION 34. Amends Sections 503.066(a) and (e), Transportation Code, to make conforming and nonsubstantive changes. SECTION 35. Amends Section 503.0669(a), Transportation Code, to make a conforming change. SECTION 36. Amends Section 503.091, Transportation Code, to make a conforming change. SECTION 37. Amends Section 503.093, Transportation Code, to make conforming changes. SECTION 38. (a) Provides that the duties and functions of the board assigned to or performed by TxDOT are transferred to the board. (b) Requires the board and TxDOT to develop a plan for the implementation of this Act and for transition of the board from TxDOT to the status of an independent agency. Authorizes the plan to include any aspect of the orderly transfer of duties, property and obligations of the parties. (c) Provides that as of September 1, 2001, the Texas Motor Vehicle Board is an independent agency of the state. SECTION 39. Effective date: September 1, 1999. SECTION 40. Emergency clause.