Texas Codes

Tex. Transp. Code § 1001.021 (2026)

Board

✓ current as of May 2026

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Sec. 1001.021. BOARD. (a) The board consists of nine members appointed by the governor with the advice and consent of the senate.

(b) Three members must be persons who hold a dealer's license issued under Chapter 2301, Occupations Code, of whom two must be franchised dealers of different classes and one must be an independent dealer; one member must be a representative of a manufacturer or distributor that holds a license issued under Chapter 2301, Occupations Code; one member must be a tax assessor-collector; one member must be a representative of a law enforcement agency of a county or municipality; and one member must be a representative of the motor carrier industry. The remaining members must be public members.

(c) Except as necessary to comply with Subsection (b), a person is not eligible for appointment as a member of the board if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the department;

(2) directly or indirectly owns or controls more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;

(3) uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or

(4) is registered, certified, or licensed by the department.

(d) A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department may not serve as a member of the board.

(e) Appointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.

Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 1.01, eff. September 1, 2009.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2010–2025 · leading case: All Star Imports, Inc. D/B/A World Car Mazda North// Mazda Motor of North Am., Inc. A/K/A Mazda Motor of Am., Inc. v. Bd. of the Texas Dep't of Motor Vehs., & Mazda Motor of North Am., Inc. A/K/A Mazda Motor of Am., Inc.// Cross-Appellee, All Star Imports, Inc. D/B/A World Car Mazda North (Tex. App. 2025).

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Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). · cites it 2× “passim Tex. Transp. Code § 1001.021(a) .........”

Hyundai Motor Am. v. New World Car Nissan, Inc. D/B/A World Car Hyundai World Car Nissan & New World Car Imports San Antonio, Inc. D/B/A World Car Hyundai Texas Dep't of Motor Vehs., Bd. of the Texas Dep't of Motor Vehs. Raymond Palacios, Jr. (Tex. App. 2019). “22 (citing Tex. Transp. Code § 1001.021, which creates Department’s nine-member board).”

Subaru of Am., Inc. v. Bd. of the Texas Dep't of Motor Vehs.; Daniel Avitia, in His Off. Capacity as Exec. Dir. of the Texas Dep't of Motor Vehs.; & McAllen Jeep, Inc. D/B/A Bert Ogden Subaru (Tex. App. 2025). “Tex. Transp. Code § 1001.021(b). In a contested case, “[t]he special skills or knowledge of the state agency and its staff may be used in evaluating the evidence.”

All Star Imports, Inc. D/B/A World Car Mazda North// Mazda Motor of North Am., Inc. A/K/A Mazda Motor of Am., Inc. v. Bd. of the Texas Dep't of Motor Vehs., & Mazda Motor of North Am., Inc. A/K/A Mazda Motor of Am., Inc.// Cross-Appellee, All Star Imports, Inc. D/B/A World Car Mazda North (Tex. App. 2025). “3 As a result, the Board “act[ed] on” the motions for rehearing before 3 The DMV Board is composed of nine members, see Tex. Transp. Code § 1001.021, and the emails show that five members voted on the motions for rehearing and that all five members voted in favor of granting…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). “028 provides that "[a] member of the board shall disclose in writing to the executive director if the member has an interest in a matter before the board or has a substantial financial interest in an entity that has a direct interest in the matter" and "shall recuse himself or…”

— Tex. Transp. Code § 1001.021(a) — 1 case

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). “passim Tex. Transp. Code § 1001.021(a) .........”

— Tex. Transp. Code § 1001.021(b) — 2 cases

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