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).