Used Automotive Parts Recyclers Penalties and Sanctions

Texas Occupations Code, Chapter 2309
16 Texas Administration Code, Chapter 87

Class A:

1st Violation: $500
2nd Violation: $500 to $2,000
3rd Violation: $1,000 to $4,000 and/or up to a 1 year full suspension

• Failed to submit the required paperwork regarding ownership of an acquired vehicle to TXDOT before the 31st day after the acquisition 2309.301(b), 87.50(a)
  
• Failed to comply with Subchapter E, Nonrepairable and Salvage Motor Vehicles, Chapter 501, Transportation Code 2309.301(d)
  
• Failed to remove any unexpired license plates from a vehicle immediately on receipt 2309.352(1), 87.73(1)
  
• Failed to place removed license plates in a secure place until destroyed 2309.352(2), 87.73(2)
  
• Failed to keep an accurate and legible record containing all required information of each purchased or delivered used component part 2309.354(a), 87.75(a)
  
• Failed to maintain copies of each required record until the first anniversary of the purchase date of the item for which the record is maintained 2309.356, 87.77
  
• Failed to surrender to the Texas Department of Motor Vehicles (DMV) for cancellation a certificate of title or authority, sales receipt, or transfer document 2309.357(a), 87.78(a)
  
• Failed to obtain a signed receipt for a surrendered certificate of title 2309.357(b), 87.78(b)
  
• Employer failed to maintain a copy of a valid employee license for each employee 87.24(c)
  
• Failed to keep and maintain evidence of compliance with the DMV notification requirement 87.50(b)
  
• Failed to maintain required records for a period of three years from the date of the event reflected in the record 87.71(b)

Class B:

1st Violation: $1,500
2nd Violation: $1,500 to $4,000 and/or up to a 1 year full suspension
3rd Violation: $3,000 to $5,000 and/or a 2 year full suspension up to revocation

• Acquired a vehicle or used automotive parts, or sold used automotive parts, without holding an employee license 2309.154(a), 87.24(a)
  
• Failed to maintain a record of or sales receipt for each motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, and used automotive part purchased 2309.302, 87.71(a)
  
• Failed to notify the Department of the new location before moving a place of business 2309.303, 87.72(a)
  
• Failed to provide a storm water permit for a new location when required after moving a place of business 2309.303, 87.72(b)
  
• Operated heavy machinery in a facility during prohibited hours in a county with a population of 2.8 million or more 2309.402(a), 87.81(b)
  
• Performed a function of an automotive parts recycling business while license expired 87.23(b)
  
• Employed a person who held an employee license which was expired 87.24(c)
  
• Worked at a used automotive recycling business without holding an employee license 87.25(b)
  
• Performed a function of a used automotive parts recycler employee while license expired 87.26(c)
  
• Failure to complete all corrective actions and provide written verification to the Department 87.47(a)(2)
  
• Failed to keep on the business premises a list of all casual sales made during the preceding 36-month period that contains all required information 87.80

Class C:

1st Violation: $3,000 and/or up to a 1 year full suspension
2nd Violation: $3000 to $5,000 plus a 1 year full suspension up to revocation
3rd Violation: $3,500 to $5,000 plus a 2 year full suspension up to revocation

• Failure to pay risk-based inspection fee 2309.106(d), 87.46(c)
  
• Owned or operated a used automotive parts recycling business, or sold used automotive parts, without holding a license 2309.151(a), 87.20(a)
  
• Operated a used automotive parts recycling business at a facility different than the one listed on the license 2309.151(b)(2)
  
• Acquired ownership of a salvage motor vehicle but did not obtain a properly assigned title from the previous owner of the vehicle 2309.301(a), 87.70
  
• Dismantled or disposed of a motor vehicle without first obtaining a certificate of authority to dispose of the vehicle, a sales receipt, or a transfer document for the vehicle, or a certificate of title showing that there are no liens on the vehicle or that all recorded liens have been released 2309.353, 87.74
  
• Failed to retain each component part in its original condition on the business premises for at least three calendar days after the date the part was obtained 2309.355(a), 87.76(a)
  
• Failed to allow a peace officer to inspect a record required to be maintained 2309.358(a), 87.79(a)
  
• Failed to provide to a peace officer a copy of a record required to be maintained 2309.358(b), 87.79(b)
  
• Failed to allow a peace officer to inspect the inventory on the premises at any reasonable time to verify, check, or audit the records required to be maintained 2309.358(c), 87.79(c)
  
• Failed to allow, or interfered with, a peace officer's inspection of the recycler's inventory, premises, or required inventory records 2309.358(d), 87.79(d)
  
• Employed a person who did not hold an employee license 87.24(c)
  
• Failed to maintain a valid general liability insurance policy in the required amount 87.40
  

Class D:

1st Violation: $3,000 to 5,000 and/or revocation
2nd Violation: $3,000 to 5,000 and/or revocation
3rd Violation: $3,000 to 5,000 and/or revocation

• Failure to comply with previous order of the Commission/Executive Director 2309.103(a)(2), 87.21(2)
  
• Knowingly submitted false information on an application 2309.103(a)(3), 87.21(3)
  
• Failure to pay the Department for a dishonored check 60.822