CHAPTER 1001. ORGANIZATION OF DEPARTMENT - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES

CHAPTER 1001. ORGANIZATION OF DEPARTMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1001.001. DEFINITIONS. In this subtitle:

(1) "Board" means the board of the department.

(2) "Department" means the Texas Department of Motor Vehicles.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The

department is created as an agency of this state.

(b) In addition to the other duties required of the Texas

Department of Motor Vehicles, the department shall administer and

enforce:

(1) Subtitle A;

(2) Chapters 642, 643, 645, 646, and 648; and

(3) Chapters 2301 and 2302, Occupations Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department is

composed of an executive director appointed by the board and

other employees required to efficiently implement:

(1) this subtitle;

(2) other applicable vehicle laws of this state; and

(3) other laws that grant jurisdiction to or are applicable to

the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.004. DIVISIONS. The board shall organize the

department into divisions to accomplish the department's

functions and the duties assigned to it, including divisions for:

(1) administration;

(2) motor carriers;

(3) motor vehicle board; and

(4) vehicle titles and registration.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.005. SUNSET PROVISION. The department is subject to

Chapter 325, Government Code (Texas Sunset Act). Unless

continued in existence as provided by that chapter, the

department is abolished September 1, 2015.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney

general shall defend an action brought against the board or the

department or an action brought against an employee of the

department as a result of the employee's official act or

omission, regardless of whether at the time of the institution of

the action that person has terminated service with the

department.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES

Sec. 1001.021. BOARD. (a) The board consists of nine members

appointed by the governor with the advice and consent of the

senate.

(b) Three members must be persons who hold a dealer's license

issued under Chapter 2301, Occupations Code, of whom two must be

franchised dealers of different classes and one must be an

independent dealer; one member must be a representative of a

manufacturer or distributor that holds a license issued under

Chapter 2301, Occupations Code; one member must be a tax

assessor-collector; one member must be a representative of a law

enforcement agency of a county or municipality; and one member

must be a representative of the motor carrier industry. The

remaining members must be public members.

(c) Except as necessary to comply with Subsection (b), a person

is not eligible for appointment as a member of the board if the

person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization that is regulated by or

receives funds from the department;

(2) directly or indirectly owns or controls more than 10 percent

interest in a business entity or other organization that is

regulated by or receives funds from the department;

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than compensation

or reimbursement authorized by law for board membership,

attendance, or expenses; or

(4) is registered, certified, or licensed by the department.

(d) A person required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department may not serve as a member of the board.

(e) Appointments to the board shall be made without regard to

race, color, disability, sex, religion, age, or national origin

of the appointees and shall reflect the diversity of the

population of the state as a whole.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.022. TERMS. Members of the board serve staggered

six-year terms, with the terms of either one or two members

expiring February 1 of each odd-numbered year.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.023. CHAIR AND VICE CHAIR; DUTIES. (a) The governor

shall appoint one of the board's members chair of the board. The

board shall elect one of its members vice chair of the board. A

chair or vice chair serves at the pleasure of the board.

(b) The chair shall:

(1) preside over board meetings, make rulings on motions and

points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the governor on the state of affairs of the

department at least quarterly;

(4) report to the board the governor's suggestions for

department operations;

(5) report to the governor on efforts, including legislative

requirements, to maximize the efficiency of department operations

through the use of private enterprise;

(6) periodically review the department's organizational

structure and submit recommendations for structural changes to

the governor, the board, and the Legislative Budget Board;

(7) designate one or more employees of the department as a civil

rights division of the department and receive regular reports

from the division on the department's efforts to comply with

civil rights legislation and administrative rules;

(8) create subcommittees, appoint board members to

subcommittees, and receive the reports of subcommittees to the

board as a whole;

(9) appoint a member of the board to act in the chair's absence;

and

(10) serve as the departmental liaison with the governor and the

Office of State-Federal Relations to maximize federal funding for

transportation.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.024. BOARD MEETINGS. The board shall hold regular

meetings at least quarterly and special meetings at the call of

the chair. Board members shall attend the meetings of the board.

The chair shall oversee the preparation of an agenda for each

meeting and ensure that a copy is provided to each board member

at least seven days before the meeting.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The board

shall consider ways in which the department's operations may be

improved and may periodically report to the legislature

concerning potential statutory changes that would improve the

operation of the department.

(b) On behalf of the board, the chair shall report to the

governor, the lieutenant governor, the speaker of the house of

representatives, and the presiding officers of relevant

legislative committees on legislative recommendations adopted by

the board and relating to the operation of the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.026. COMPENSATION. A member of the board is entitled

to compensation as provided by the General Appropriations Act.

If compensation for board members is not provided by that Act,

each member is entitled to reimbursement for actual and necessary

expenses incurred in performing functions as a member of the

board.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board if a board member:

(1) does not have at the time of appointment or maintain during

service on the board the qualifications required by Section

1001.021;

(2) violates a prohibition provided by Section 1001.021;

(3) cannot discharge the member's duties for a substantial part

of the term for which the member is appointed because of illness

or disability; or

(4) is absent from more than half of the regularly scheduled

board meetings that the board member is eligible to attend during

a calendar year, unless the absence is excused by majority vote

of the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

(c) If the executive director of the department knows that a

potential ground for removal exists, the director shall notify

the chair of the board of the ground, and the chair shall notify

the governor and the attorney general that a potential ground for

removal exists. If the potential ground for removal relates to

the chair, the director shall notify another board member, who

shall notify the governor and the attorney general that a

potential ground for removal exists.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.028. CONFLICT OF INTEREST. (a) A member of the board

shall disclose in writing to the executive director if the member

has an interest in a matter before the board or has a substantial

financial interest in an entity that has a direct interest in the

matter.

(b) The member shall recuse himself or herself from the board's

deliberations and actions on the matter in Subsection (a) and may

not participate in the board's decision on the matter.

(c) A person has a substantial financial interest in an entity

if the person:

(1) is an employee, member, director, or officer of the entity;

or

(2) owns or controls, directly or indirectly, more than a five

percent interest in the entity.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.029. INFORMATION ON QUALIFICATIONS AND CONDUCT. The

department shall provide to the members of the board, as often as

necessary, information concerning the members' qualifications for

office and their responsibilities under applicable laws relating

to standards of conduct for state officers.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.030. TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING

TO DEPARTMENT. (a) To be eligible to take office as a member of

the board, a person appointed to the board must complete at least

one course of a training program that complies with this section.

(b) The training program must provide information to the person

regarding:

(1) this subchapter;

(2) the programs operated by the department;

(3) the role and functions of the department;

(4) the rules of the department with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(7) the requirements of the:

(A) open meetings law, Chapter 551, Government Code;

(B) open records law, Chapter 552, Government Code; and

(C) administrative procedure law, Chapter 2001, Government Code;

(8) the requirements of the conflict of interest laws and other

laws relating to public officials; and

(9) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement

for travel expenses incurred in attending the training program,

as provided by the General Appropriations Act and as if the

person were a member of the board.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.031. ADVISORY COMMITTEES. (a) The board shall

establish separate advisory committees for the motor carrier,

motor vehicles, and vehicle titles and registration divisions to

make recommendations to the board or the executive director on

the operation of the applicable division. A committee has the

purposes, powers, and duties, including the manner of reporting

its work, prescribed by the board. A committee and each

committee member serves at the will of the board.

(b) The board shall appoint persons to each advisory committee

who:

(1) are selected from a list provided by the executive director;

and

(2) have knowledge about and interests in, and represent a broad

range of viewpoints about, the work of the committee or

applicable division.

(c) The advisory committee for the motor vehicles division must

include a member to represent motor vehicle manufacturers and a

member to represent the recreational vehicle industry.

(d) The advisory committee for the motor carrier division must

include a member to represent the motor transportation industry.

(e) A member of an advisory committee may not be compensated by

the board or the department for committee service.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

SUBCHAPTER C. PERSONNEL

Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the

General Appropriations Act or other law, the executive director

shall appoint deputies, assistants, and other personnel as

necessary to carry out the powers and duties of the department

under this code, other applicable vehicle laws of this state, and

other laws granting jurisdiction or applicable to the department.

(b) A person appointed under this section must have the

professional and administrative experience necessary to qualify

the person for the position to which the person is appointed.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly define the respective

responsibilities of the director and the staff of the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the director's designee shall prepare

and maintain a written policy statement to ensure implementation

of a program of equal employment opportunity under which all

personnel transactions are made without regard to race, color,

disability, sex, religion, age, or national origin. The policy

statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the department workforce that

meets federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the department workforce of all persons

for whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

significant underuse.

(b) A policy statement prepared under this section must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the civil rights division of the Texas

Workforce Commission for compliance with Subsection (a); and

(4) be filed with the governor.

(c) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(b). The report may be made separately or as a part of other

biennial reports made to the legislature.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT. The

executive director shall provide to department employees, as

often as necessary, information regarding their:

(1) qualification for office or employment under this subtitle;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state employees.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.

Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the director's designee shall

develop an intra-agency career ladder program. The program must

require intra-agency posting of all nonentry level positions

concurrently with any public posting.

(b) The executive director or the director's designee shall

develop a system of annual performance evaluations. All merit

pay for department employees must be based on the system

established under this subsection.

Added by Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 1.01, eff. September 1, 2009.