CHAPTER 1003. DEPARTMENT PROCEDURES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES

CHAPTER 1003. DEPARTMENT PROCEDURES

Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as

specifically provided by law, the department is subject to

Chapters 2001 and 2002, Government Code.

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

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

Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) The

board or the department by rule may:

(1) create a summary procedure for routine matters; and

(2) designate department activities that otherwise would be

subject to Chapter 2001, Government Code, as routine matters to

be handled under the summary procedure.

(b) An activity may be designated as a routine matter only if

the activity is:

(1) voluminous;

(2) repetitive;

(3) believed to be noncontroversial; and

(4) of limited interest to anyone other than persons immediately

involved in or affected by the proposed department action.

(c) The rules may establish procedures different from those

contained in Chapter 2001, Government Code. The procedures must

require, for each party directly involved, notice of a proposed

negative action not later than the fifth day before the date the

action is proposed to be taken.

(d) A rule adopted by the board under this section may provide

for the delegation of authority to take action on a routine

matter to a salaried employee of the department designated by the

board.

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

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

Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A

person directly or indirectly affected by an action of the board

or the department on a routine matter taken under the summary

procedure adopted under Section 1003.002 is entitled to a review

of the action under Chapter 2001, Government Code.

(b) The person must apply to the board not later than the 60th

day after the date of the action to be entitled to the review.

(c) The timely filing of the application for review immediately

stays the action pending a hearing on the merits.

(d) The board may adopt rules relating to an application for

review under this section and consideration of the application.

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

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

Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.

The board or the department, as applicable, may, on written

agreement or stipulation of each party and any intervenor,

informally dispose of a contested case in accordance with Section

2001.056, Government Code, notwithstanding any provision of this

code or other law that requires a hearing before the board or the

department, as applicable.

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

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