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.