TWT S.B. 1630 75(R)BILL ANALYSIS TRANSPORTATION S.B. 1630 By: Duncan (Siebert) 5-12-97 Committee Report (Substituted) BACKGROUND Currently, the Texas Department of Transportation is responsible for regulations relating to motor vehicle registration. There are technical corrections to the registration statutes that are necessary for clarity. Wire service agents are needed to provide customer service due to the volume of temporary permits issued. In addition, the transportation industry is moving toward a standard that can include nominal tonnage rating and gross vehicle weight rating, in addition to the manufacturer's rated carrying capacity, when determining the gross vehicle weight of a vehicle for fee purposes. This bill will provide new regulations regarding motor vehicle registration. PURPOSE S.B. 1630 provides new regulations regarding motor vehicle registration. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Department of Transportation in SECTION 2 (Section 502.009(a), Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 502.001, Transportation Code, by amending Subdivision (20), to define "road tractor". SECTION 2. Amends Chapter 502A, Transportation Code, by adding Section 502.009. Sec. 502.009. RULES; FORMS. Authorizes the Texas Department of Transportation (department) to adopt rules to administer this chapter. Requires the department to prescribe forms that the department determines are necessary to administer this chapter and provide each county assessor-collector with a sufficient supply of forms. SECTION 3. Amends Chapter 502.055, Transportation Code by adding Subsection (b). Subsection (b) allows the department to require an applicant for registration to provide evidence of the manufacturer's rated carrying capacity for the vehicle, the nominal tonnage rating of the vehicle, the gross weight rating of the vehicle or any combination of the information described in Subdivisions(1)-(3). Makes conforming changes. SECTION 4. Sec. 502.161 describes fees for a passenger cars and municipal buses and adds reference to private buses that weigh 6,000 pounds or less, defines weight for a private bus for registration purposes and assigns meaning to "private bus". SECTION 5. Amends Section 502.166, Transportation Code, by adding Subsection (d) to authorize the department to issue specially designed license plates for rental trailers and travel trailers under certain conditions. This section is further amended by adding Subsection (e) to define "rental fleet" as five or more vehicles that are owned by the same owner and are rented without drivers and are designated as a rental fleet by the owner. This subsection also defines "rental trailer" as a utility trailer with a gross weight of 4,000 pounds or less that is part of a rental fleet. The subsection also defines "travel trailer" as a house trailer-type vehicle or camper less than eight feet in width or 40 feet in length, exclusive of any hitch installed on the vehicle and designed primarily for use as temporary living quarters in connection with recreational, camping, travel, or seasonal use and not as a permanent dwelling. SECTION 6. Amends Section 502.167, Transportation Code, by amending Subsection (i) to allow the department to issue specially designed license plates for token trailers. The section is further amended by adding Sections (j)-(l). Subsection (j) allows a person to register a semitrailer for a period of five years under certain provisions. Subsection (k) contains provisions regarding fee increase and decrease for a vehicle registered under Subsection (j). Subsection (l) adds definitions of "token trailer", "apportioned license plate" and "combination license plate". Token trailer is defined as a semitrailer with a combined gross weight of 6,000 pounds operated in combination with a truck or truck-tractor that has been issued an apportioned license plate, a combination license plate or a forestry vehicle license plate. An apportioned license plate is defined as a license plate issued in lieu of truck license plates or combination license plates to a motor carrier in this state who proportionally registers a vehicle owned by the carrier in one or more other states. A combination license plate is defined as a license plate issued for a truck or truck-tractor that has a manufacturer's rated carrying capacity of more than one ton and used, or intended to be used, in combination with a semitrailer that has a gross weight of more than 6,000 pounds. SECTION 7. Section 502.252 is amended to allow a person applying for license plates under Section 502.258, 502.259, 502.260, 502.261, 502.262, 502.263, 502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, 502.274, or 502.292 to have a license plate number assigned to them or apply for personalized prestige plates under Section 502.251. SECTION 8. Section 502.260(c), Transportation Code, by establishing a $3 fee for the first set of license plates issued under this section and $15 fee for each additional set of license plates issued under this section. Section 502.260(c)(1)(C) is added to require the TXDOT to issue license plates under this section to a person who is a civilian national of the United States who is an employee or a former employee of a branch of the United States armed forces. SECTION 9. Section 502.266(a), Transportation Code, is amended to entitle the surviving spouse of a person who would be eligible for license plates under Section 502.254 to continue to register one vehicle under that section as long as the spouse remains unmarried. SECTION 10. Subchapter F, Chapter 502, Transportation Code, is amended by adding Sections 502.292-502.295. Section 502.292. MUNICIPAL AND PRIVATE BUSES. Subsection (a) is added to require the TXDOT to issue specially designed license plates for municipal and private buses and Subsection (b) is added requiring these plates to include the words "private bus" or "city bus" as appropriate. Under Subsection (c), the TXDOT shall issue these plates to a person who applies in the county which they reside to the county tax assessor-collector on a form prescribed by the TXDOT and pays the fee described in Section 502.161 Subsection (d) validates this registration for one year. Subsection (e) defines "private bus" as a bus that is not operated for hire and is not classified as a municipal bus or a motor bus. Section 502.293. STATE OFFICIALS. Subsection (a) requires the TXDOT to issue specially designed license plates for a passenger car or light truck owned by a state official. Under Subsection (b), these plates must include the words "state official". Subsection (c) requires the TXDOT to issue license plates to a person who (1) applies to the department on a form prescribed by the department, (2) furnishes evidence of registration eligibility that is acceptable to the TXDOT and (3) pays the fee prescribed by 502.161. Subsection (d) allows a person to be issued three sets of license plates under this section. Subsection (e) describes the registration period under this section as 12 months or until March 31, whichever period is shorter. Subsection (f) requires the owner to return the license plates to the TXDOT in the event the vehicle is disposed of during the registration year. Subsection (g) lists 12 state offices whose occupants are eligible for state official license plates. Section 502.294. MEMBERS OF CONGRESS. Subsection (a) requires the TXDOT to issue specially designed license plates for passenger cars and light trucks owned by members of congress and Subsection (b) requires these plates to include the words "U.S. Congress". Subsection (c) requires the TXDOT to issue license plates to a person who (1) applies to the department on a form prescribed by the department, (2) furnishes evidence of registration eligibility that is acceptable to the TXDOT and (3) pays the fee prescribed by 502.161. Subsection (d) allows a person to be issued three sets of license plates under this section. Subsection (e) describes the registration period under this section as 12 months or until March 31, whichever period is shorter. Subsection (f) requires the owner to return the license plates to the TXDOT in the event the vehicle is disposed of during the registration year. Section 502.295. STATE AND FEDERAL JUDGES; RETIRED STATE JUDGES. Subsection (a) requires the TXDOT to issue specially designed license plates for a passenger car or light truck owned by a state or federal judge or a retired state judge and Subsection (b) requires these license plates to include the words "state judge" or "U.S. judge", as appropriate. Subsection (c) requires the TXDOT to issue license plates to a person who (1) applies to the department on a form prescribed by the department, (2) furnishes evidence of registration eligibility that is acceptable to the TXDOT and (3) pays the fee prescribed by 502.161. Subsection (d) allows a person to be issued three sets of license plates under this section. Subsection (e) describes the registration period under this section as 12 months or until March 31, whichever period is shorter. Subsection (f) requires the owner to return the license plates to the TXDOT in the event the vehicle is disposed of during the registration year. Subsection(g)(1) defines "federal judge" as (A) a judge of the Fifth Circuit Court of Appeals, (B) a judge or magistrate of a United States district court or (C) a judge of a United States bankruptcy court. Subsection (g)(2) defines a federal judge as (A) a judge of a court of appeals, (B) a district court judge, (C) a presiding judge of an administrative judicial district or (D) a statutory county court judge. SECTION 11. Amends Section 502.352 , Transportation Code. Subsection (a) is amended to allow the TXDOT to issue a temporary permit for a commercial motor vehicle, trailer, semitrailer, or motor bus that is owned by a resident of the United States of Mexico. Subsection (c)(1) is amended to allow a person applying for a permit under this section to apply to the TXDOT's wire service agent if the TXDOT has a wire service agent. Subsection (a)(2) is amended to provide a fee for persons applying for a temporary permit of $25 for a 72-hour permit or $50 for a 114-hour permit and sets forth appropriate methods of payment. Subsection (a)(3) adds the provision that a person may obtain a permit under this section by paying a discount or service charge for a credit card payment or escrow account, in addition to the fee and Section (a)(4) is added which expands the provisions for obtaining a permit to include furnishing to county tax assessor-collector, the TXDOT or TXDOT's wire service agents evidence of financial responsibility for the vehicle that complies with Sections 501.153(c) and 601.168(a) and is written by an insurance company or surety company authorized to write motor vehicle liability insurance in Texas. Subsection (d) is amended to require a wire service agent to report to the TXDOT once each week all permits issued by the agent during the previous week. The TXDOT by rule shall prescribe the form and content of the report. Subsection (d)(1) is amended to include a state of the United Mexican States. Subsection (d)(2)(i) allows the TXDOT to establish one or more escrow accounts in the state highway fund for the prepayment of a 72-hour permit or 144-hour permit. Any fee established by the TXDOT for administration of this section shall be administered as required by an agreement entered into by the TXDOT. SECTION 12. Effective date: September 1, 1997 SECTION 13. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The original bill amendes Section 502.001, Transportation Code, by amending Subdivision (20) and adding Subdivisions (25)-(31). The substitute only amends Subdivision (20). SECTION 2. Subchapter B, Chapter 502, Transportation Code, is amended by adding Section 502.0571 "RULES; FORMS" in the original. The substitute amends Subchapter A, Chapter 502, Transportation Code, by adding Section 502.009. The substitute makes technical changes to clarify language. SECTION 3. Subchapter D, Chapter 502, Transportation Code is amended in the original by adding Section 502.1611, COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY, allowing the TXDOT to request certain information in determination of gross weight of a vehicle for fee purposes. The substitute amends Section 502.055, DETERMINATION OF WEIGHT. The substitute makes conforming changes. SECTION 4. The original bill amends Section 502.166, Transportation Code, by adding Subsection (d) allowing the TXDOT to issue specially designed license plates for trailers and semitrailers. The substitute amends Section 502.161, Transportation Code, to include private buses in the designation of fees for registration of a vehicle weighing 6,000 pounds or less, to assign meaning to "private bus" and to make appropriate conforming changes. SECTION 5. In the original, Section 502.167, Transportation Code, is amended by adding Subsection (j), allowing the TXDOT to issue specially designed license plates for token trailers, and Subsection (k), allowing a person or entity to register a trailer for five years under certain conditions. The substitute amends Section 502.166, Transportation Code, by adding Subsection (d), allowing issuance of specially designed license plates for rental and travel trailers, and Subsection (e) describing "rental fleet", "rental trailer" and "travel trailer". SECTION 6. Section 502.252, Transportation Code, is amended in the original by adding Sections 502.2555, 502.289 or 502.291 to the sections under which a person applying for a license can have a license plate number assigned to them or can apply for personalized prestige plates under Section 502.251. In the substitute, Section 502.167, Transportation Code, is amended by amending Subsection (i) to allow the TXDOT to issue specially designed license plates for token trailers, and adding Subsections (j)-(l). SECTION 7. Subchapter F, Chapter 502, Transportation Code, is amended in the original by adding Section 502.289, CITY AND PRIVATE BUSES, relating to the issuance of specially designed license plates for city and private buses. Section 502.252, Transportation Code is amended in the substitute to add Section 502.292 to the sections under which a person applying for license plates can have a number assigned to them or they can apply for personalized prestige plates under Section 502.292. SECTION 8. Subchapter F, Chapter 502, Transportation Code, is amended in the original by adding Section 502.292, STATE OFFICIAL, MEMBER OF UNITED STATES CONGRESS, UNITED STATES JUDGE, AND STATE JUDGE PLATES, relating to issuance of specially designed license plates for state officials, members of the United States Congress, United States judges or state judges. Section 502.260(c) is amended in the substitute by adding Subdivision (2)(A) and (2) (B), addressing cost of the first and second sets of license plates issued under this section, and Subdivision (3)(C), including a civilian national of the United States who is an employee or former employee of the United States under this section. SECTION 9. Section 502.352, Transportation Code, relating to the issuance of temporary permits and fees and payment of fees for temporary permits, is amended by amending Subsections (a), (c), (d), and (f) and adding Subsection (i) in the original. In the substitute, Section 502.266(a), Transportation Code, is amended to entitle the surviving spouse of a person who would be eligible for license plates under Section 502.254 to register one motor vehicle under this section for as long as the spouse remains unmarried. SECTION 10. Subchapter G, Chapter 502, Transportation Code, is amended in the original by adding Section 502.3511, COMMERCIAL VEHICLE OR TRUCK CAPACITY, allowing the TXDOT to request certain information in determination of gross weight of a vehicle for fee purposes. Subchapter F, Chapter 502, Transportation Code, is amended in the substitute by adding Sections 502.292-502.296. Section 502.296, MUNICIPAL AND PRIVATE BUSES, relates to the issuance of specially designed license plates for municipal and private buses. Section 502.293, STATE OFFICIALS, relates to the issuance of specially designed license plates for state officials. Section 502.294, MEMBERS OF CONGRESS, relates to the issuance of specially designed license plates for members of congress. Section 502.295, STATE AND FEDERAL JUDGES; RETIRED STATE JUDGES, relates to the issuance of specially designed license plates for state and federal judges. SECTION 11. Section 602.001, Transportation Code, is amended in the original by adding Subdivision (10) to assign meaning to "travel trailer". Section 502.352, Transportation Code, relating to the issuance of temporary permits and fees and payment of fees for temporary permits, is amended in the substitute by amending Subsections (a), (c), (d), and (f) and adding Subsection (i). SECTION 12. Section 502.260(c) is amended in the original by adding Subdivision (2)(A) and (2) (B), addressing cost of the first and second sets of license plates issued under this section, and Subdivision (3)(C), including a civilian national of the United States who is an employee or former employee of the United States under this section. In the substitute, this section becomes the effective date. SECTION 13. Section 502.266(a), Transportation Code, is amended in the original to entitle the surviving spouse of a person who would be eligible for license plates under Section 502.254 to register one motor vehicle under this section for as long as the spouse remains unmarried. This section becomes the emergency clause in the substitute. SECTION 14. Subchapter F, Chapter 502, Transportation Code, is amended in the original by adding section 502.293. SECTION 14 is deleted in the substitute and the language from the original is included in SECTION 10 as Section 502.296, COUNTY OFFICIALS. SECTION 15. This section of the original is deleted in the substitute. SECTION 16. This section of the original is deleted in the substitute. SECTION 17. The emergency clause is in SECTION 13 of the substitute.