CHAPTER 2305. RECORDS OF CERTAIN VEHICLE REPAIRS, SALES, AND PURCHASES
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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
761, Sec. 1, eff. September 1, 2005.
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, 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, 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, Sec. 4, eff. September 1, 2005.
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. 2305.006. 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, 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 Texas Transportation
Commission, an employee of the Texas Transportation Commission or
Texas Department of Transportation, 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, 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 this chapter or Chapter 348, 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, Sec. 6, eff. September 1, 2005.
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 2305.007 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, Sec. 7, eff. September 1, 2005.