OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES
CHAPTER 2305. RECORDS OF CERTAIN VEHICLE REPAIRS, SALES, AND PURCHASES
SUBCHAPTER A. RECORDS MAINTAINED BY CERTAIN ENTITIES
Sec. 2305.001. DEFINITIONS. In this subchapter:
(1) "Person" means an individual, corporation, or firm.
(2) "Repair" includes the rebuilding of a motor vehicle, the installation of a new or used part or accessory on a motor vehicle, and the performance of electrical work in connection with the repair of a motor vehicle. The term does not include a repair covered by Chapter 2304.
(3) "Used motor vehicle" includes a secondhand motor vehicle.
(4) "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.
(5) "Board" means the board of the Texas Department of Motor Vehicles.
(6) "Department" means the Texas Department of Motor Vehicles.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 37, eff. September 1, 2013.
Sec. 2305.002. APPLICATION OF SUBCHAPTER. This subchapter applies to any person who:
(1) operates a shop or garage that is engaged in the business of repairing motor vehicles; or
(2) engages in the business of purchasing or selling used motor vehicles in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 2, eff. September 1, 2005.
Sec. 2305.003. REGISTER OF REPAIRS. (a) A person subject to this subchapter shall maintain a register of each repair the person makes to a motor vehicle. The register must contain a substantially complete and accurate description of each motor vehicle that is repaired.
(b) This section does not apply to a repair having a value of $1 or less.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 3, eff. September 1, 2005.
Sec. 2305.004. REGISTER OF USED MOTOR VEHICLE SALES AND PURCHASES. (a) A person subject to this subchapter shall maintain a register of each sale or purchase the person makes of a used motor vehicle.
(b) If the person buys a used motor vehicle, the register must contain:
(1) the make and model, the number of cylinders, the motor number, the vehicle identification number, and the passenger capacity of the motor vehicle, if applicable;
(2) the name, date of birth, usual place of address, and official identification number of each person claiming to be the owner of the motor vehicle; and
(3) the state registration number of the motor vehicle, if applicable.
(c) If the person sells a used motor vehicle, in addition to the requirements of Subsection (b), the register must contain the name and address of the purchaser of the motor vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 4, eff. September 1, 2005.
Sec. 2305.0041. LIMITATION ON BUYING AND SELLING CATALYTIC CONVERTERS. A person subject to this subchapter may not buy or sell a catalytic converter removed from a motor vehicle unless the catalytic converter was removed from the motor vehicle in connection with the person's repair of the vehicle.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.08, eff. May 29, 2023.
Sec. 2305.005. RECORD OF REPLACED CYLINDER BLOCK. The owner of the garage or repair shop that installs a replacement cylinder block and stamps the original engine number on the block as required by Section 2305.051 shall record in a substantially bound book:
(1) the name and address of the vehicle's owner; and
(2) the engine number and registration number of the vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Sec. 2305.0051. REPAIR RECORDS RELATED TO CATALYTIC CONVERTERS. (a) The owner of a garage or repair shop that sells or transfers to any person, including a metal recycling entity registered under Chapter 1956, a catalytic converter that was removed in connection with a motor vehicle repair shall maintain a record of all repairs for the vehicle that includes:
(1) the name and address of the vehicle's owner;
(2) the vehicle identification number of the vehicle; and
(3) copies of all related invoices including, as applicable, a notation that a catalytic converter was removed from the vehicle.
(b) Notwithstanding Section 2305.006(a), a record required by this section shall be kept until at least the second anniversary of the date of the repair.
Added by Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 9, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.09, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.10, eff. May 29, 2023.
Sec. 2305.006. MAINTENANCE OF RECORDS. (a) All records required to be maintained under this subchapter shall be kept until at least the first anniversary of the date the record is made.
(b) The registers required by Sections 2305.003 and 2305.004 shall be maintained in a clear and intelligent manner in a well-bound book or an electronic recordkeeping system and kept in a secure place in the office or place of business where the work is performed or the business is conducted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 5, eff. September 1, 2005.
Sec. 2305.007. ENTRY AND INSPECTION. (a) Except as provided by Subsection (b), for the purpose of enforcing or administering this chapter, Chapter 2302 of this code, or Chapter 501 or 502, Transportation Code, a member of the board, an employee of the department, a member of the Public Safety Commission, an officer of the Department of Public Safety, or another peace officer who is interested in tracing or locating a stolen motor vehicle may at a reasonable time:
(1) enter the premises of a business regulated under one of those chapters; and
(2) inspect or copy any document, record, vehicle, part, or other item regulated under one of those chapters.
(b) For the purposes of tracing or locating a stolen motor vehicle on the premises of a person engaging in a business or activity regulated under this chapter who is also licensed under Chapter 348 or 353, Finance Code, only an officer of the Department of Public Safety may at a reasonable time:
(1) enter the premises of the person's business; and
(2) inspect or copy any document, record, vehicle, part, or other item regulated under:
(A) this chapter; or
(B) Chapter 348 or 353, Finance Code.
(c) A person engaging in a business or activity regulated under this chapter shall cooperate with a person conducting an inspection under this section to assist in the recovery of stolen motor vehicles and parts and to prevent the sale or transfer of stolen motor vehicles and parts.
(d) An entry or inspection occurs at a reasonable time for purposes of Subsection (a) or (b) if the entry or inspection occurs:
(1) during normal business hours of the person or activity regulated under a chapter listed in Subsection (a) or (b); or
(2) while an activity regulated under a chapter listed in Subsection (a) or (b) is occurring on the premises.
Added by Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 6, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 21, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 38, eff. September 1, 2013.
SUBCHAPTER B. REQUIREMENT APPLICABLE TO OWNERS OF CERTAIN MOTOR VEHICLES
Sec. 2305.051. REPLACEMENT OF CYLINDER BLOCK. The owner of a motor vehicle registered under Chapter 502, Transportation Code, that has a damaged cylinder block replaced shall have the original engine number of the motor vehicle stamped with a steel die on the replacement cylinder block.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
SUBCHAPTER C. ENFORCEMENT
Sec. 2305.101. CRIMINAL PENALTY. (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter.
(b) Except as provided by Subsection (c), an offense under this section is punishable by a fine of not less than $10 and not more than $100.
(c) An offense under this chapter that consists of the violation of Section 2305.0041, 2305.0051, or 2305.007 is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 761 (H.B. 3221), Sec. 7, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.11, eff. May 29, 2023.
SUBCHAPTER D. RECORDS OF CERTAIN SALES OR TRANSFERS OF CATALYTIC CONVERTERS REMOVED FROM MOTOR VEHICLES
Sec. 2305.151. DEFINITION. In this subchapter, "catalytic converter" has the meaning assigned by Section 1956.001.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
Sec. 2305.152. APPLICABILITY. This subchapter applies only to a person described by Section 1956.123(1)(A) through (G).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
Sec. 2305.153. RECORD REQUIRED. (a) A person to whom this subchapter applies shall, for each transaction in which the person sells or transfers to another person a catalytic converter that is removed from a motor vehicle, maintain an accurate record of the transaction until the second anniversary of the date of the transaction.
(b) A record is sufficient to meet the requirements of Subsection (a) if it contains:
(1) a description made in accordance with the custom of the trade for the volume of catalytic converters sold or transferred;
(2) the name of the person to whom the catalytic converters were sold or transferred; and
(3) the date of the transaction.
(c) A record containing the information described by Subsection (b) that is maintained in accordance with other law or as a routine business practice satisfies the requirements of Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
Sec. 2305.154. OFFENSE: FAILURE TO MAINTAIN RECORD. (a) A person commits an offense if the person intentionally or knowingly fails to maintain a record as required by Section 2305.153.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct that constitutes an offense under this section also constitutes an offense under another provision of this chapter, the person may be prosecuted only under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.
Sec. 2305.155. INSPECTION OF CERTAIN RECORDS. (a) In this section, "licensing authority" and "occupational license" have the meanings assigned by Section 58.001.
(b) If an occupational license is required for a person to engage in a business or occupation described by Section 1956.123(1)(A) through (G), the licensing authority that issues the occupational license may at a reasonable time:
(1) enter the premises at which the person engages in the regulated business or occupation; and
(2) inspect the records or information required to be maintained under Section 2305.153.
(c) Regardless of whether an occupational license is required, an officer of the Department of Public Safety or another peace officer may enter the premises of and inspect the records of a person described by Section 1956.123(1)(A) through (G), as provided by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.