Texas Motor Vehicle Board
Texas Department of Transportation

Agency Rule Review Plan for Fiscal Years 2004-2007

Pursuant to the Administrative Procedure Act, Texas Government Code, §2001.039, Agency Review of Existing Rules, the Texas Motor Vehicle Board (Board) establishes the following plan for review of all Board rules for the Fiscal Years between September 1, 2003 and August 31, 2007. All chapters of the Board's rules were last reviewed and readopted effective September 20, 2002.

The Board's existing rules may be found in the Texas Administrative Code (TAC) in Title 16, Economic Regulation, Part 6, Texas Motor Vehicle Board. The rules are located on the Texas Register's website at http://www.sos.state.tx.us/tac/index.shtml.

The Board will continue to review all its rules on a continual, rotating basis based upon the anniversary of a chapter's review or adoption date, if a new chapter. However, the Board reserves the right to review a chapter as part of a routine rulemaking either before or after its scheduled review date if that is appropriate in light of the nature of the amendments or workloads. The Board will clearly notice the review component of a regular rulemaking on the internet and in the proposal and adoption preambles and submit a revised review plan for publication.

The Texas Administrative Code ("TAC") citation for each chapter to be reviewed shall be published in the section of the Texas Register devoted to agency rule review. The text of the rule will not be published.

The Board will accept comments within 30 days of publication of the TAC citation in the Texas Register, concerning the requirement as to whether the reason for adopting or readopting the rule continues to exist.

Following the 30-day comment period, if no changes are proposed by the Board to the rule section, the rule section will be placed on an open meeting agenda for discussion and consideration of readoption without changes.

If, as a result of comments or Board initiative, the Board determines that amendments are necessary, the Board will formally readopt the section, and then initiate further rule amendments in response to comment as soon as possible, pursuant to the provisions of the Administrative Procedure Act.

Actions to amend, repeal, or adopt rules may begin independently of this schedule if required by legislative action, court decision, Board decision, or other causes. In those instances, reasonable opportunity for comments will be provided pursuant to APA §2001.029.

By June 30, 2004, the Board will review the following Chapters:

Chapter 101, Subchapter A, General Rules.

Chapter 101, Subchapter B, Rulemaking Proceedings and Hearings

Chapter 101, Subchapter C, Adjudicative Proceedings and Hearings

Chapter 103, General Rules

Chapter 105, Advertising

Chapter 107, Warranty Performance Obligations

Chapter 109, Lessors and Lease Facilitators

Chapter 111, General Distinguishing Numbers

All comments and/or questions should be directed to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P.O. Box 2293, Austin, Texas 78768-2293.