87R10022 BEE-D     By: Raymond H.B. No. 4219       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the issuance of buyer's temporary   tags.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2301.651(d), Occupations Code, is   amended to read as follows:          (d)  Except as provided by Section 2301.6515, a [A] license   may not be denied, revoked, or suspended, and disciplinary action   may not be taken under this subchapter, unless the respondent is   given an opportunity for a hearing. The board may deny, revoke, or   suspend a license or take disciplinary action by order only after   the department grants the respondent an opportunity for a hearing.          SECTION 2.  Subchapter N, Chapter 2301, Occupations Code, is   amended by adding Section 2301.6515 to read as follows:          Sec. 2301.6515.  EMERGENCY SUSPENSION. (a) The board shall   temporarily suspend a dealer's license issued under this chapter if   the director determines from the evidence or information presented   to the director by a law enforcement officer or department employee   that the license holder has fraudulently distributed buyer's   temporary tags under Section 503.063, Transportation Code.          (b)  The board may suspend a dealer's license under this   section without notice or hearing on the complaint if:                (1)  action is taken to initiate proceedings for a   hearing before the State Office of Administrative Hearings   simultaneously with the temporary suspension; and                (2)  a hearing is held as soon as practicable under this   chapter and Chapter 2001, Government Code.          (c)  The State Office of Administrative Hearings shall hold a   preliminary hearing not later than the 14th day after the date of   the temporary suspension to determine if there is probable cause to   believe that the holder of a dealer's license has fraudulently   distributed buyer's temporary tags. A final hearing on the matter   shall be held not later than the 61st day after the date of the   temporary suspension.          (d)  The board by rule shall establish procedures for:                (1)  the presentation to the director by a law   enforcement officer or department employee of evidence or   information regarding the fraudulent issuance of buyer's temporary   tags by the holder of a dealer's license; and                (2)  the director's expedited determination regarding   whether the license holder has fraudulently distributed buyer's   temporary tags.          SECTION 3.  Subchapter C, Chapter 503, Transportation Code,   is amended by adding Section 503.0632 to read as follows:          Sec. 503.0632.  DEPARTMENT MONITORING OF AND LIMITS ON   DEALER ISSUANCE OF BUYER'S TEMPORARY TAGS. (a) The department   shall establish:                (1)  the reasonable number of buyer's temporary tags   that each dealer may issue in a calendar month; and                (2)  the maximum number of buyer's temporary tags that   each dealer may issue in a calendar year.          (b)  The department shall monitor in real time the number of   buyer's temporary tags issued by a dealer. The department shall   immediately review the sales records of a dealer who issues buyer's   temporary tags in excess of the number determined by the department   under Subsection (a)(1) to determine whether the dealer has   fraudulently distributed buyer's temporary tags.          (c)  Notwithstanding Section 503.0631(c), the department may   immediately suspend the access to the buyer's temporary tag   database of a dealer who issues buyer's temporary tags in excess of   the number determined by the department under Subsection (a)(2).   The department by rule shall establish procedures for the   reinstatement of access to the buyer's temporary tag database for a   dealer whose access is suspended under this subsection.          SECTION 4.  This Act takes effect September 1, 2021.