| (5) A person whose license is revoked may not apply for a new license before the first anniversary of the date of the revocation. (h) Appeals. (1) The Fort Bend County Tax Assessor-Collector shall appoint a five member Review Board to review any appeal of action for refusal, cancellation, suspension, revocation, or reinstatement of license. The Review Board shall consist of two deputies from the Fort Bend County Tax Assessor-Collector's office, two law enforcement officers and one representative from the motor vehicle industry. (2) Memberships will last for two years and replacements will be selected on a staggered basis. For the first year that the Board is established, two of the memberships shall be for one year to accommodate staggering. A member may be reappointed for additional terms as deemed appropriate by the Fort Bend County Tax Assessor-Collector. (3) A person that receives notice of adverse action taken on their own license by the Fort Bend County Tax Assessor-Collector may submit a written request for appeal or protest, and submit evidence, in the form of documents or testimony, to demonstrate that person's compliance with all requirements for the issuance, retention, or reinstatement of their license. The person must submit evidence and/or file a written request for an appeal of action taken on their own license with the County Tax Assessor-Collector within 20 calendar days from the date of the notice of action on their license. (4) Submitting evidence and/or filing a written request for an appeal must be sent to Fort Bend County Tax Office, 1317 Eugene Heimann Circle, Richmond, Texas by certified mail. (5) Upon timely filing of a request for an appeal, the County Tax Assessor-Collector shall request review by the Review Board. The adverse action shall be stayed until a final decision is made on the license. (6) The Review Board shall meet as needed, on a date determined by the Fort Bend County Tax Assessor-Collector. The Board will review any appeals and make a recommendation to the County Tax Assessor-Collector stating whether the Board agrees or disagrees with the action taken. (7) The Fort Bend County Tax Assessor-Collector shall appoint a member of the Review Board to chair meetings of the Review Board. (8) A quorum of three members of the Review Board must be present to render a decision. No proxy votes will be allowed. (9) A simple majority vote of Review Board members shall determine the recommendation on matters under consideration. (10) All decisions related to license appeals or protests shall be subject to final review and determination by the Fort Bend County Tax Assessor-Collector. The Fort Bend County Tax Assessor-Collector shall send disposition of the Appeal to the person, by registered or certified mail. If the Fort Bend Tax Assessor-Collector does not reinstate the license, any adverse action stayed by the appeal will be reinstated. (i) License Renewal. (1) A license pursuant to this section expires on the first anniversary of the date of issuance and may be renewed annually on or before the expiration date on payment of the required renewal fee. (2) A person who is otherwise eligible to renew a license may renew an unexpired license by paying to the Fort Bend County Tax Assessor-Collector before the expiration date of the license the required renewal fee. A person whose license has expired may not engage in activities that require a license until the license has been renewed under this section. (3) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the Fort Bend County Tax Assessor-Collector 1-1/2 times the required renewal fee. (4) If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the Fort Bend County Tax Assessor-Collector two times the required renewal fee. (5) If a person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (6) Notwithstanding Section 5, if a person was licensed in this state, moved to another state, and has been doing business in the other state for the two years preceding application, the person may renew an expired license. The person must pay to the Fort Bend County Tax Assessor-Collector a fee that is equal to two times the required renewal fee for the license. (7) Before the 30th day preceding the date on which a person's license expires, the Fort Bend County Tax Assessor-Collector shall notify the person of the impending expiration. The notice must be in writing and sent to the person's last known address according to the records of the Fort Bend County Tax Assessor-Collector. (j) Requirements for Conducting Motor Vehicle License Transactions. (1) All vehicle transactions for Fort Bend County will be processed at Fort Bend County Tax Office, 1317 Eugene Heimann Circle, Richmond, Texas. (2) A Fort Bend County Tax Assessor-Collector vehicle transaction form must accompany all motor vehicle service transactions. The motor vehicle title service company is responsible for the accuracy and validity of the information for each vehicle listed. Only vehicles authorized and listed by the licenses motor vehicle title service company will be processed. (3) All vehicles for which the title service company wants to complete a transaction on must be listed and identified as transfer or ownership, renewal or replacement of license plates or registration sticker on the transaction form. (4) After the final vehicle transaction on each transaction sheet is completed, a copy of the transaction sheet will remain on file at the office of the Fort Bend County Tax Assessor-Collector. (5) A holder of a motor vehicle title service license shall maintain records as required by the Fort Bend County Tax Assessor-Collector for each transaction in which the license holder receives compensation. The records shall include: (A) the date of the transaction; (B) the name, age, address, sex, driver's license number, and a legible photocopy of the driver's license for each customer; and (C) the vehicle make, model, year, license plate number, vehicle identification number, and a legible photocopy of proof of financial responsibility for the motor vehicle involved. (6) A motor vehicle title service shall keep: (A) two copies of all records required under this section for at least two years after the date of the transaction; (B) legible photocopies of any documents submitted by a customer; and (C) legible photocopies of any documents submitted to the Fort Bend County Tax Assessor-Collector. (7) A motor vehicle title service license holder or any of its employees shall allow an inspection of the required records by a peace officer on the premises of the motor vehicle title service at any reasonable time to verify, check, or audit the records. (k) Exemptions. The following persons and their agents are exempt from the licensing and other requirements described herein: (1) a franchised motor vehicle dealer or independent motor vehicle dealer who holds a general distinguishing number issued by the department under Texas Transportation Code Chapter 503; (2) a vehicle lessor holding a license issued by the Motor Vehicle Board under Chapter 2301, Texas Occupations Code, or a trust or other entity that is specifically not required to obtain a lessor license under §2301.254(a), Texas Occupations Code; and (3) a vehicle lease facilitator holding a license issued by the Motor Vehicle Board under Chapter 2301, Texas Occupations Code. |
