Texas State Library and Archives Commission

Texas Department of Transportation:

An Inventory of Motor Vehicle Board Minutes and Agenda at the Texas State Archives, 1971-2005



Overview

Creator: Texas. Dept. of Transportation.
Title: Motor Vehicle Board minutes and agenda
Dates: 1971-2005
Abstract: These records document the actions of the Motor Vehicle Board of the Texas Department of Transportation (and its predecessor, the Texas Motor Vehicle Commission) involving the licensing and regulation of motor vehicle dealers, manufacturers, converters, lessors, and lease facilitators; the enforcement of the law regulating motor vehicle dealer sales practices (regarding manufacturers' warranties and fraud, unfair practices, discrimination, impositions, and other abuses); and the investigation of consumer complaints under the "lemon law" of 1983. These records consist of copies of minutes (and, rarely, agenda) of meetings held by the Texas Motor Vehicle Commission, dating 1971-1992, and by the Motor Vehicle Board of the Texas Transportation Commission, dating 1992-2005 (thus covering an overall date span of 1971-2005). These minutes summarize the discussion and subsequent actions of the Commission/Board, mainly concerning items on the docket relating to licensing and enforcement and to consumer complaints.
Quantity: 1.5 cubic ft.
Language: These materials are written predominately in English.
Repository: Texas State Archives

Agency History

The Motor Vehicle Board of the Texas Department of Transportation is charged with the licensing and regulation of motor vehicle dealers, manufacturers, converters, lessors, and lease facilitators; with the enforcement of the law regulating motor vehicle dealer sales practices (regarding manufacturers' warranties and fraud, unfair practices, discrimination, impositions, and other abuses); and with the investigation of consumer complaints under the "lemon law" of 1983, protecting consumers purchasing new motor vehicles with defects that cannot be properly repaired.

The Texas Motor Vehicle Commission was created in 1971 (Senate Bill 140, 62nd Texas Legislature, Regular Session), to establish the qualifications of manufacturers and dealers of new and used motor vehicles, and to insure that their distribution and sale was conducted in compliance with the Texas Motor Vehicle Commission Code and subsequent regulations. Originally the commission was composed of six members, four of whom were motor vehicle dealers, with the other two representing the public. The number of commissioners was increased to nine in 1979 (House Bill 225, 66th Texas Legislature, Regular Session), of whom five were to be dealers and four represented the public. In 1987 (House Bill 1531, 70th Texas Legislature, Regular Session), the commission was decreased again to six members, all of whom were to be public members with no interests in businesses that manufacture, distribute, convert, or sell motor vehicles. All members have been (and still are) appointed by the governor, with the advice and consent of the Senate, for overlapping six-year terms.

The Texas Department of Transportation was created in 1991 (House Bill 9, 72nd Texas Legislature, 1st Called Session), merging the following agencies: the Texas State Department of Highways and Public Transportation; the Texas Department of Aviation; and (effective September 1, 1992) the Texas Motor Vehicle Commission. The Motor Vehicle Division of the Texas Department of Transportation took over the functions of the Texas Motor Vehicle Commission, and is governed by the Motor Vehicle Board of the Texas Department of Transportation, which operates independently of the Transportation Commission; as the enabling legislation explains, "in carrying out its policy-making and regulatory powers and duties under this chapter, the board is an independent entity within the department and is not an advisory body to the department." In addition to rulemaking powers, the board is given, but is not limited to, the powers to: initiate and conduct proceedings, investigations, or hearings; receive evidence and pleadings; issue subpoenas; issue, suspend, or revoke licenses; issue cease and desist orders in the nature of temporary or permanent injunctions; impose civil penalties; etc.

The six-member Motor Vehicle Board of the Texas Department of Transportation was increased to nine in 1997 (House Bill 1595, 75th Texas Legislature, Regular Session), composed of two dealers licensed under the Texas Occupations Code, Chapter 2301 (Sale or Lease of Motor Vehicles), at least one of whom is a franchised dealer; one representative of a manufacturer or distributor licensed under this chapter; and six public members.

(Note: the functions of the Motor Vehicle Board of the Texas Department of Transportation should not be confused with the functions of the Motor Carrier Division of the Texas Department of Transportation, which registers motor carriers (including tow trucks and household goods carriers), issues oversize/overweight load permits and temporary registrations, and is also responsible for motor carrier insurance filings, vehicle storage facilities licensing and interstate movement authority. Part of these functions were carried out by the Railroad Commission of Texas until 1995. Nor should this division be confused with the Vehicle Titles and Registration Division of the Texas Department of Transportation, which handles motor vehicle registration and transfers of titles in Texas.)

(Sources include: the Guide to Texas State Agencies, 11th edition (2001); the article "Texas Motor Vehicle Commission" by Richard Allen Burns in the Handbook of Texas Online; the enabling legislation (1971, 1979, 1987, 1991, 1997, 2005); the Texas Occupations Code, § 2301.051; and the Motor Vehicle Division portion of the Texas Department of Transportation web site (http://www.dot.state.tx.us/mvd/), accessed February 2006.)


Scope and Contents of the Records

These records document the actions of the Motor Vehicle Board of the Texas Department of Transportation (and its predecessor, the Texas Motor Vehicle Commission) involving the licensing and regulation of motor vehicle dealers, manufacturers, converters, lessors, and lease facilitators; the enforcement of the law regulating motor vehicle dealer sales practices (regarding manufacturers' warranties and fraud, unfair practices, discrimination, impositions, and other abuses); and the investigation of consumer complaints under the "lemon law" of 1983.

These records consist of copies of minutes (and, rarely, agenda) of meetings held by the Texas Motor Vehicle Commission, dating 1971-1992, and by the Motor Vehicle Board of the Texas Transportation Commission, dating 1992-2005 (thus covering an overall date span of 1971-2005). These minutes summarize the discussion and subsequent actions of the Commission/Board, mainly concerning items on the docket relating to licensing and enforcement and to consumer complaints. The terminology varies somewhat over time, but the actions include the following: applications for licenses to establish dealerships, hearing reports, recommendations of the hearing examiner, orders of the hearing examiner, proposals for decision, final orders, agreed orders and assessment of civil penalties, orders of license revocation of dealers, settlement orders in lemon law proceedings, orders of dismissal (where complaints or protests are withdrawn or matters are settled by agreement of the parties), motions to stay final order, motions to reopen, motions for rehearing, proposed rules, appropriation requests, reports of budget and financial condition, etc. The supporting documentation is sometimes included with the minutes. Minutes are created to document in a thorough but summary fashion the official actions of the board in its meetings.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.


 

Arrangement of the Records

These records are arranged chronologically by the creator.

Restrictions

Restrictions on Access

None.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.


Index Terms

The terms listed here were used to catalog the records. The terms can be used to find similar or related records.
Corporate Names:
Texas Motor Vehicle Commission.
Subjects:
Automobiles--Licenses--Texas.
Motor vehicles--Law and legislation--Texas.
Automobile industry and trade--Law and legislation--Texas.
Products liability--Automobiles--Texas.
Automobiles--Defects--Texas.
Automobile dealers--Texas.
Document Types:
Minutes--Texas--1971-2005.
Agendas--Texas--1976, 1995-1996.
Functions:
Regulating motor vehicles.

Related Material

The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.

Texas State Archives
Texas Legislature, House of Representatives, Committee on Motor Transportation, Minutes and witness affirmations, 1969-1971 (restricted)

Administrative Information

Preferred Citation

(Identify the item), Motor Vehicle Board minutes and agenda, Texas Department of Transportation. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1998/013, 1999/027, 2000/083, 2001/011, 2002/071, 2003/172, 2004/060, 2005/126, 2006/128

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Motor Vehicle Division of the Texas Department of Transportation on September 26, 1997; September 30, 1998; December 22, 1999; September 28, 2000; November 7, 2001; June 19, 2003; November 14, 2003; and February 8, 2005; and by the Texas Legislative Reference Library on January 9, 2006.

Processing Information

Tony Black, September 1997, January 2006

Accruals

The Texas Department of Transportation regularly transfers copies of minutes to the Texas State Archives.

Location of Originals

The record copies of minutes and agenda are maintained by the Motor Vehicle Division of the Texas Department of Transportation.


Detailed Description of the Records

 

Motor Vehicle Board minutes and agenda, 1971-2005,
1.5 cubic ft.

Texas Motor Vehicle Commission, 1971-1992
Box
1998/013-1 July 1971
[organizational meeting]
August 1971
September 1971
December 1971
[2 meetings]
January 1972
March 1972
April 1972
May 1972
June 1972
August 1972
December 1972
February 1973
April 1973
May 1973
June 1973
November 1973
March 1974
April 1974
July 1974
August 1974
September 1974
March 1975
April 1975
June 1975
September 1975
October 1975
January 1976
[April 1976 missing]
July 1976
August 1976
September 1976
October 1976
[including agenda]
February 1977
May 1977
June 1977
July 1977
September 1977
October 1977
December 1977
February 1978
April 1978
July 1978
September 1978
January 1979
March 1979
May 1979
July 1979
September 1979
January 1980
February 1980
April 1980
May 1980
August 1980
September 1980
December 1980
March 1981
April 1981
July 1981
August 1981
September 1981
November 1981
December 1981
February 1982
March 1982
April 1982
June 1982
August 1982
September 1982
December 1982
February 1983
April 1983
July 1983
September 1983
November 1983
March 1984
April 1984
May 1984
June 1984
August 1984
September 1984
December 1984
February 1985
March 1985
June 1985
September 1985
December 1985
January 1986
April 1986
[2 meetings]
May 1986
[2 meetings]
August 1986
[2 meetings]
September 1986
December 1986
[2 meetings]
February 1987
[2 meetings]
April 1987
[2 meetings]
August 1987
[2 meetings]
[September 1987 missing]
November 1987
February 1988
March 1988
April 1988
May 1988
June 1988
July 1988
September 1988
October 1988
November 1988
December 1988
Box
1998/013-2 January 1989
February 1989
March 1989
April 1989
June 1989
July 1989
September 1989
November 1989
January 1990
[2 meetings]
March 1990
May 1990
June 1990
August 1990
September 1990
October 1990
December 1990
[2 meetings]
February 1991
March 1991
May 1991
July 1991
August 1991
September 1991
October 1991
December 1991
January 1992
March 1992
April 1992
[2 meetings]
June 1992
August 1992
Motor Vehicle Board of the Texas Department of Transportation, 1992-2005
Box
1998/013-2 December 1992
January 1993
April 1993
June 1993
August 1993
September 1993
December 1993
February 1994
April 1994
June 1994
August 1994
September 1994
January 1995
[including agenda]
March 1995
May 1995
September 1995
November 1995
January 1996
April 1996
[including agenda]
May 1996
[including agenda]
August 1996
September 1996
[including agenda]
January 1997
March 1997
April 1997
June 1997
August 1997
September 1997
November 1997
January 1998
March 1998
May 1998
July 1998
September 1998
November 1998
[January 1999 missing]
Box
1998/013-3 March 1999
[June 1999 missing]
July 1999
September 1999
[November 1999 missing]
February 2000
May 2000
June 2000
August 2000
September 2000
November 2000
January 2001
May 2001
July 2001
September 2001
October 2001
January 2002
April 2002
June 2002
[September 2002 missing]
November 2002
December 2002
February 2003
March 2003
[June 2003 missing]
Box
1998/013-4 July 2003
September 2003
January 2004
March 2004
May 2004
September 2004
December 2004
February 2005
June 2005