BILL ANALYSIS C.S.H.B. 1225 By: Carona 03-29-95 Committee Report (Substituted) BACKGROUND Former military vehicles that are authentically restored are collector's items and are used solely for exhibitions, club activities, parades, and other functions of public interest. At the present time, there are estimated to be about 200 of such vehicles in Texas. Under current law, former military vehicles are required to be registered under the motor vehicle registration laws as passenger cars or trucks and they are subject to the State inspection law and Safety Responsibility Act. However, former military vehicles are not used in regular transportation and often have no provisions for mounting license plates and many do not have windshields or have folding windshields that are not conducive to being used for displaying proof of registration and inspection. PURPOSE C.S.H.B. 1225 includes former military vehicles in Article 6675a-5a, Vernon's Texas Civil Statutes, under which special registration provisions are provided for antique vehicles. Under C.S.H.B. 1225, certain former military vehicles can be registered under Article 6675a-5a, regardless of their age, if they are used solely for exhibitions, club activities, parades, and other functions of public interest, and in no case for regular transportation and carry no advertising. Former military vehicles will not be required to display license plates if proof of registration is carried in the vehicle and if the vehicle bears a registration mark as designated by the Texas Department of Transportation. C.S.H.B. 1225 also exempts former military vehicles from the inspection and safety responsibility laws and would allow a certificate of title to be issued for a former military vehicle regardless of whether the vehicle is registered. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Subsections (a), (b), and (d) and adds Subsection (h) to Section 5a, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-5a, V.T.C.S.) : (a)Adds former military vehicle to the passenger cars, trucks, and motorcycles that are excepted from the annual license fee for registration and requires that an application for registration of a former military vehicle include the vehicles' year of manufacture and a description of the vehicle as required by the Department of Transportation. (b)Exempts a former military vehicle from having to display license plates or any other device indicating registration of the vehicle if the vehicle bears the registration mark required by the Department of Transportation and if proof of current registration, in the form prescribed by the Department of Transportation is carried in the vehicle. Authorizes the Department of Transportation to prescribe a registration mark for former military vehicles. (d)Adds the words "if applicable" to clarify that some vehicles may not require license plates or a symbol. (h)Adds a definition of "former military vehicle" as a vehicle that has been, but no longer is, used by the armed forces of a national government; and displays marking indicating it was a military vehicle. SECTION 2: Amends The Certificate of Title Act (Article 6687-1, V.T.C.S.) by adding Section 29A to require that a certificate of title be issued for a former military vehicle as defined under this Act regardless of whether the vehicle is registered, if the other requirements for issuance of a title are satisfied. SECTION 3: Amends Section 140(h), Uniform Act Regulating Traffic on Highways (Article 6701d, V.T.C.S.) to exempt former military vehicles as defined under this Act from the State inspection law. SECTION 4: Amends Subsection (b-2), Section 1A, Texas Motor Vehicle Safety-Responsibility Act (Article 6701h, V.T.C.S.) to exempt former military vehicles as defined under this Act from the Safety-Responsibility Act. SECTION 5: States that the changes made by this Act to the motor vehicle registration law apply only to a vehicle registration period beginning on or after the effective date of this Act. SECTION 6: Effective date: September 1, 1995. SECTION 7: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In C.S.H.B. 1225, Section 1 is changed to add subsection (a) which exempts antique former military vehicles from annual license fees. Subsection (b) is also added to indicate that such vehicles are not required to display license plates if a registration mark is visible and they carry the registration in the vehicle. Subsection (d) is amended to specify that any license plates or symbols are only if applicable and any required plates or symbols are valid without renewal for the registration period by the same owner. Subsection (h) is added defining former military vehicles. Section 1 of the original bill added Sec. 8A(a) which defined former military vehicle. Subsection (b) was the exemption of such vehicles from displaying license plates or registration, except for a TxDOT authorized registration mark. Subsection (c) of the original is removed completely from the substitute. C.S.H.B. 1225, Section 2 amends The Certificate of Title Act (Article 6687-1, V.T.C.S.) by adding Section 29A to require that a certificate of title be issued for a former military vehicle as defined under this Act regardless of whether the vehicle is registered, if the other requirements for issuance of a title are satisfied. Section 2 of the original bill exempted these vehicles from displaying inspection stickers. C.S.H.B. 1225, Section 3 amends Section 140(h), Uniform Act Regulating Traffic on Highways (Article 6701d, V.T.C.S.) to exempt former military vehicles as defined under this Act from the State inspection law. Section 3 of the original bill is the effective date. C.S.H.B. 1225, Section 4 amends Subsection (b-2), Section 1A, Texas Motor Vehicle Safety-Responsibility Act (Article 6701h, V.T.C.S.) to exempt former military vehicles as defined under this Act from the Safety-Responsibility Act. Section 4 of the original is the emergency clause. C.S.H.B. 1225 adds: Section 5 which states that the changes made by this Act to the motor vehicle registration law apply only to a vehicle registration period beginning on or after the effective date of this Act, Section 6 which is the effective date and Section 7 which is the emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 6:54 p.m. after the rules were suspended on the House floor to meet in public hearing after the posted time, by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 1225 and recognized Representative Carona to explain H.B. 1225. The Chair recognized Representative Bosse to lay out the Committee substitute to H.B. 1225. There were no witnesses in support of, or in opposition to H.B. 1225. Representative Bosse withdrew the Committee substitute to H.B. 1225. The Chair left H.B. 1225 pending before the Committee. Pursuant to a public notice posted on March 23, 1995, at 7:36 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 29, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 2:10 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 1225 by Carona which was pending before the Committee. Representative Bosse laid out the Committee Substitute and without objection the substitute was adopted. Representative Bosse moved that the committee report H.B. 1225, as substituted, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (6), Nayes (0), Absent (3), Present not voting (0).