The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held September 26, 2012, the Commission adopted the Texas Department of Licensing and Regulation's (Department) revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction.

The enforcement plan is revised to update penalty matrices for the Vehicle Towing and Booting and Vehicle Storage Facilities programs, and to adopt an original penalty matrix for the Vehicle Booting and Immobilization program. The Department assumed responsibility for all of these programs in September 2007. House Bill 2310, Acts of the 81st Legislature, amended Texas Occupations Code, Chapter 51, the Department's enabling statute, which required changes to Texas Administrative Code, Title 16, Chapter 60, concerning Procedural Rules of the Commission and the Department. One of the changes in the rules was to renumber the sections regarding fraud in seeking to obtain a license in both the Vehicle Towing and Booting and Vehicle Storage Facilities programs, which are Class H violations, referenced in the enforcement plan. The penalty matrices were also updated to reflect additional updates from the 81st Legislature, Senate Bill 702 and Senate Bill 2153, and the Department rules, which were put into effect because of these statute changes. House Bill 3510, Acts of the 82nd Legislature, modified the Vehicle Towing and Booting and Vehicle Storage Facilities programs, and rule changes from that statute update went into effect in January 2012. Finally, the penalty matrix was also updated to reflect public feedback on penalty amounts.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@license.state.tx.us to obtain a copy of the revised plan.

TRD-201205379

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: October 16, 2012