AN ACT
1-1 relating to motor vehicle registrations.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subdivision (20), Section 502.001, Transportation
1-4 Code, is amended to read as follows:
1-5 (20) "Road tractor" means a vehicle designed for the
1-6 purpose of mowing the right-of-way of a public highway or a motor
1-7 vehicle designed or used for drawing another vehicle or a load and
1-8 not constructed to carry:
1-9 (A) an independent load; or
1-10 (B) a part of the weight of the vehicle and load
1-11 to be drawn.
1-12 SECTION 2. Subchapter A, Chapter 502, Transportation Code,
1-13 is amended by adding Section 502.009 to read as follows:
1-14 Sec. 502.009. RULES AND FORMS. (a) The department may
1-15 adopt rules to administer this chapter.
1-16 (b) The department shall:
1-17 (1) prescribe forms determined by the department to be
1-18 necessary for the administration of this chapter; and
1-19 (2) provide each county assessor-collector with an
1-20 adequate supply of each form necessary for the performance of a
1-21 duty under this chapter by the assessor-collector.
1-22 SECTION 3. Section 502.055, Transportation Code, is amended
1-23 to read as follows:
2-1 Sec. 502.055. DETERMINATION OF WEIGHT. (a) The weight, net
2-2 weight, or gross weight of a vehicle, as determined by the
2-3 department, is the correct weight for registration purposes,
2-4 regardless of any other purported weight of the vehicle.
2-5 (b) The department may require an applicant for registration
2-6 under this chapter to provide the department with evidence of:
2-7 (1) the manufacturer's rated carrying capacity for the
2-8 vehicle;
2-9 (2) the nominal tonnage rating of the vehicle;
2-10 (3) the gross weight rating of the vehicle; or
2-11 (4) any combination of information described in
2-12 Subdivisions (1)-(3).
2-13 SECTION 4. Section 502.161, Transportation Code, is amended
2-14 to read as follows:
2-15 Sec. 502.161. FEE: PASSENGER CAR, [OR] MUNICIPAL BUS,
2-16 PRIVATE BUS. (a) The fee for a registration year for registration
2-17 of a passenger car, [or] a municipal bus, or a private bus that
2-18 weighs 6,000 pounds or less is:
2-19 (1) $40.50 for a vehicle the model year of which is
2-20 more than six years before the year in which the registration year
2-21 begins;
2-22 (2) $50.50 for a vehicle the model year of which is
2-23 more than three years but is six years or less before the year in
2-24 which the registration year begins; or
2-25 (3) $58.50 for a vehicle the model year of which is
3-1 three years or less before the year in which the registration year
3-2 begins.
3-3 (b) The fee for a registration year for registration of a
3-4 passenger car, [or] a municipal bus, or a private bus that weighs
3-5 more than 6,000 pounds is $25 plus 60 cents for each 100 pounds.
3-6 (c) For registration purposes, the weight of a passenger
3-7 car, [or] a municipal bus, or a private bus is the weight generally
3-8 accepted as its correct shipping weight plus 100 pounds.
3-9 (d) In this section, "private bus" has the meaning assigned
3-10 by Section 502.294.
3-11 SECTION 5. Section 502.166, Transportation Code, is amended
3-12 by adding Subsections (d) and (e) to read as follows:
3-13 (d) The department may issue specially designed license
3-14 plates for rental trailers and travel trailers that include, as
3-15 appropriate, the words "rental trailer" or "travel trailer."
3-16 (e) In this section:
3-17 (1) "Rental fleet" means five or more vehicles that
3-18 are:
3-19 (A) owned by the same owner;
3-20 (B) offered for rent or rented without drivers;
3-21 and
3-22 (C) designated by the owner in the manner
3-23 prescribed by the department as a rental fleet.
3-24 (2) "Rental trailer" means a utility trailer that:
3-25 (A) has a gross weight of 4,000 pounds or less;
4-1 and
4-2 (B) is part of a rental fleet.
4-3 (3) "Travel trailer" means a house trailer-type
4-4 vehicle or a camper trailer that is:
4-5 (A) less than eight feet in width or 40 feet in
4-6 length, exclusive of any hitch installed on the vehicle; and
4-7 (B) designed primarily for use as temporary
4-8 living quarters in connection with recreational, camping, travel,
4-9 or seasonal use and not as a permanent dwelling; provided that
4-10 "travel trailer" shall not include a utility trailer, enclosed
4-11 trailer, or other trailer not having human habitation as its
4-12 primary purpose.
4-13 SECTION 6. Section 502.167, Transportation Code, is amended
4-14 by amending Subsection (i) and adding Subsections (j), (k), and (l)
4-15 to read as follows:
4-16 (i) The department may issue specially designed license
4-17 plates for token trailers.
4-18 (j) A person may register a semitrailer under this section
4-19 for a registration period of five consecutive years if the person:
4-20 (1) owns 50 or more semitrailers at the time of the
4-21 application;
4-22 (2) applies to the department for the five-year
4-23 registration;
4-24 (3) provides proof of the person's eligibility to
4-25 register the vehicle under this subsection as required by the
5-1 department; and
5-2 (4) pays a fee of $15, plus any applicable fee under
5-3 Section 502.172, for each year included in the registration period.
5-4 (k) If during the five-year registration period for a
5-5 vehicle registered under Subsection (j) the amount of a fee imposed
5-6 under that subsection is increased, the owner of the vehicle is
5-7 liable to the department for the amount of the increase. If the
5-8 amount of a fee is decreased, the owner of the vehicle is not
5-9 entitled to a refund.
5-10 (l) In this section:
5-11 (1) "Combined gross weight" means the empty weight of
5-12 the truck-tractor or commercial motor vehicle combined with the
5-13 empty weight of the heaviest semitrailer used or to be used in
5-14 combination with the truck-tractor or commercial motor vehicle plus
5-15 the heaviest net load to be carried on the combination during the
5-16 registration year.
5-17 (2) "Empty weight" means the unladen weight of the
5-18 truck-tractor or commercial motor vehicle and semitrailer
5-19 combination fully equipped, as certified by a public weigher or
5-20 license and weight inspector of the Department of Public Safety.
5-21 (3) "Token trailer" means a semitrailer that:
5-22 (A) has a gross weight of more than 6,000
5-23 pounds; and
5-24 (B) is operated in combination with a truck or a
5-25 truck-tractor that has been issued:
6-1 (i) an apportioned license plate;
6-2 (ii) a combination license plate; or
6-3 (iii) a forestry vehicle license plate.
6-4 (4) "Apportioned license plate" means a license plate
6-5 issued in lieu of truck license plates or combination license
6-6 plates to a motor carrier in this state who proportionally
6-7 registers a vehicle owned by the carrier in one or more other
6-8 states.
6-9 (5) "Combination license plate" means a license plate
6-10 issued for a truck or truck-tractor that:
6-11 (A) has a manufacturer's rated carrying capacity
6-12 of more than one ton; and
6-13 (B) is used or intended to be used in
6-14 combination with a semitrailer that has a gross weight of more than
6-15 6,000 pounds.
6-16 SECTION 7. Section 502.252, Transportation Code, is amended
6-17 to read as follows:
6-18 Sec. 502.252. CERTAIN SPECIALIZED PLATES AVAILABLE
6-19 PERSONALIZED. A person applying for license plates under Section
6-20 502.258, 502.259, 502.260, 502.261, 502.262, 502.263, 502.264,
6-21 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or] 502.274,
6-22 or 502.294 may:
6-23 (1) have a license plate number assigned by the
6-24 department; or
6-25 (2) apply for personalized prestige license plates
7-1 under Section 502.251.
7-2 SECTION 8. Subsection (c), Section 502.260, Transportation
7-3 Code, is amended to read as follows:
7-4 (c) The department shall issue license plates under this
7-5 section to a person who:
7-6 (1) applies to the department on a form prescribed by
7-7 the department;
7-8 (2) pays an annual fee of:
7-9 (A) $3 for the first set of license plates
7-10 issued under this section; and
7-11 (B) $15 for each additional set of license
7-12 plates issued under this section; and
7-13 (3) submits proof that the person has been awarded the
7-14 Purple Heart and is:
7-15 (A) an honorably discharged veteran of the
7-16 United States armed forces; [or]
7-17 (B) a member of the United States armed forces
7-18 on active duty; or
7-19 (C) a civilian national of the United States who
7-20 is an employee or a former employee of a branch of the United
7-21 States armed forces.
7-22 SECTION 9. Subsection (a), Section 502.266, Transportation
7-23 Code, is amended to read as follows:
7-24 (a) The surviving spouse of a person who would be eligible
7-25 for [was issued] license plates under Section 502.254 is entitled
8-1 to continue to register one motor vehicle under that section as
8-2 long as the spouse remains unmarried.
8-3 SECTION 10. Subchapter F, Chapter 502, Transportation Code,
8-4 is amended by adding Sections 502.294 through 502.297 to read as
8-5 follows:
8-6 Sec. 502.294. MUNICIPAL AND PRIVATE BUSES. (a) The
8-7 department shall issue specially designed license plates for
8-8 municipal buses and private buses.
8-9 (b) License plates issued under this section must include
8-10 the words "city bus" or "private bus," as appropriate.
8-11 (c) The department shall issue license plates under this
8-12 section to a person who:
8-13 (1) applies on a form prescribed by the department to
8-14 the county assessor-collector of the county in which the person
8-15 resides; and
8-16 (2) pays the fee prescribed by Section 502.161.
8-17 (d) Registration under this section is valid for one
8-18 registration year.
8-19 (e) In this section, "private bus" means a bus that:
8-20 (1) is not operated for hire; and
8-21 (2) is not classified as a municipal bus or a motor
8-22 bus.
8-23 Sec. 502.295. STATE OFFICIALS. (a) The department shall
8-24 issue specially designed license plates for a passenger car or
8-25 light truck owned by a state official.
9-1 (b) License plates issued under this section must include
9-2 the words "state official."
9-3 (c) The department shall issue license plates under this
9-4 section to a person who:
9-5 (1) applies to the department on a form prescribed by
9-6 the department;
9-7 (2) furnishes evidence acceptable to the department
9-8 that the person is eligible to register the vehicle under this
9-9 section; and
9-10 (3) pays the fee prescribed by Section 502.161.
9-11 (d) A person may be issued three sets of license plates
9-12 under this section.
9-13 (e) A registration under this section is for a registration
9-14 period of 12 consecutive months or until March 31, whichever period
9-15 is shorter.
9-16 (f) If the owner of a vehicle registered under this section
9-17 disposes of the vehicle during the registration period, the owner
9-18 shall surrender the special license plates to the department.
9-19 (g) In this section, "state official" means:
9-20 (1) a member of the legislature;
9-21 (2) the governor;
9-22 (3) the lieutenant governor;
9-23 (4) a justice of the supreme court;
9-24 (5) a judge of the court of criminal appeals;
9-25 (6) the attorney general;
10-1 (7) the Commissioner of the General Land Office;
10-2 (8) the comptroller;
10-3 (9) a member of the Railroad Commission of Texas;
10-4 (10) the commissioner of agriculture;
10-5 (11) the secretary of state; or
10-6 (12) a member of the State Board of Education.
10-7 Sec. 502.296. MEMBERS OF CONGRESS. (a) The department
10-8 shall issue specially designed license plates for a passenger car
10-9 or light truck owned by a member of congress.
10-10 (b) License plates issued under this section must include
10-11 the words "U.S. Congress."
10-12 (c) The department shall issue license plates under this
10-13 section to a person who:
10-14 (1) applies to the department on a form prescribed by
10-15 the department;
10-16 (2) furnishes evidence acceptable to the department
10-17 that the person is eligible to register the vehicle under this
10-18 section; and
10-19 (3) pays the fee prescribed by Section 502.161.
10-20 (d) A person may be issued three sets of license plates
10-21 under this section.
10-22 (e) A registration under this section is for a registration
10-23 period of 12 consecutive months or until March 31, whichever period
10-24 is shorter.
10-25 (f) If the owner of a vehicle registered under this section
11-1 disposes of the vehicle during the registration period, the owner
11-2 shall surrender the special license plates to the department.
11-3 Sec. 502.297. STATE AND FEDERAL JUDGES. (a) The department
11-4 shall issue specially designed license plates for a passenger car
11-5 or light truck owned by a state or federal judge or a retired state
11-6 or federal judge.
11-7 (b) License plates issued under this section must include
11-8 the words "state judge" or "U.S. judge," as appropriate.
11-9 (c) The department shall issue license plates under this
11-10 section to a person who:
11-11 (1) applies to the department on a form prescribed by
11-12 the department;
11-13 (2) furnishes evidence acceptable to the department
11-14 that the person is eligible to register the vehicle under this
11-15 section; and
11-16 (3) pays the fee prescribed by Section 502.161.
11-17 (d) A person may be issued three sets of license plates
11-18 under this section.
11-19 (e) A registration under this section is for a registration
11-20 period of 12 consecutive months or until March 31, whichever period
11-21 is shorter.
11-22 (f) If the owner of a vehicle registered under this section
11-23 disposes of the vehicle during the registration period, the owner
11-24 shall surrender the special license plates to the department.
11-25 (g) In this section:
12-1 (1) "Federal judge" means:
12-2 (A) a judge of the Fifth Circuit Court of
12-3 Appeals;
12-4 (B) a judge or a magistrate of a United States
12-5 district court; or
12-6 (C) a judge of a United States bankruptcy court.
12-7 (2) "State judge" means:
12-8 (A) a judge of a court of appeals;
12-9 (B) a district court judge;
12-10 (C) a presiding judge of an administrative
12-11 judicial district; or
12-12 (D) a statutory county court judge.
12-13 SECTION 11. Section 502.352, Transportation Code, is amended
12-14 by amending Subsections (a), (c), (d), and (f) and adding
12-15 Subsection (i) to read as follows:
12-16 (a) The department may issue a temporary permit for a
12-17 commercial motor vehicle, trailer, semitrailer, or motor bus that:
12-18 (1) is owned by a resident of the United States, [or]
12-19 Canada, or the United Mexican States;
12-20 (2) is subject to registration in this state; and
12-21 (3) is not authorized to travel on a public highway
12-22 because of the lack of registration in this state or the lack of
12-23 reciprocity with the state or province in which the vehicle is
12-24 registered.
12-25 (c) A person may obtain a permit under this section by:
13-1 (1) applying to the county assessor-collector, [or]
13-2 the department, or the department's wire service agent, if the
13-3 department has a wire service agent; [and]
13-4 (2) paying a fee of $25 for a 72-hour permit or $50
13-5 for a 144-hour permit:
13-6 (A) [,] in cash;
13-7 (B) [or] by postal money order;
13-8 (C) by [or] certified check;
13-9 (D) by wire transfer through the department's
13-10 wire service agent, if any;
13-11 (E) by an escrow account; or
13-12 (F) where the service is provided, by a credit
13-13 card issued by[, of]:
13-14 (i) a financial institution chartered by a
13-15 state or the United States; or
13-16 (ii) a nationally recognized credit
13-17 organization approved by the Texas Transportation Commission;
13-18 (3) paying a discount or service charge for a credit
13-19 card payment or escrow account, in addition to the fee; and
13-20 (4) furnishing to the county assessor-collector, the
13-21 department, or the department's wire service agent, evidence of
13-22 financial responsibility for the vehicle that complies with
13-23 Sections 502.153(c) and 601.168(a) and is written by an insurance
13-24 company or surety company authorized to write motor vehicle
13-25 liability insurance in this state
14-1 [(A) $25 for a 72-hour permit; or]
14-2 [(B) $50 for a 144-hour permit].
14-3 (d) A county assessor-collector shall report and send a fee
14-4 collected under this section in the manner provided by Sections
14-5 502.102 and 502.105. Each week, a wire service agent shall send to
14-6 the department a report of all permits issued by the agent during
14-7 the previous week. The department by rule shall prescribe the form
14-8 and content of a report required by this subsection.
14-9 (f) A vehicle issued a permit under this section is subject
14-10 to Subchapters B and F, Chapter 548, unless the vehicle:
14-11 (1) is registered in another state of the United
14-12 States, [or] in a province of Canada, or in a state of the United
14-13 Mexican States; or
14-14 (2) is mobile drilling or servicing equipment used in
14-15 the production of gas, crude petroleum, or oil, including a mobile
14-16 crane or hoisting equipment, mobile lift equipment, forklift, or
14-17 tug.
14-18 (i) The department may establish one or more escrow accounts
14-19 in the state highway fund for the prepayment of a 72-hour permit or
14-20 a 144-hour permit. Any fee established by the department for the
14-21 administration of this subsection shall be administered as required
14-22 by an agreement entered into by the department.
14-23 SECTION 12. This Act takes effect September 1, 1997.
14-24 SECTION 13. The importance of this legislation and the
14-25 crowded condition of the calendars in both houses create an
15-1 emergency and an imperative public necessity that the
15-2 constitutional rule requiring bills to be read on three several
15-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1630 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 21, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1630 passed the House, with
amendments, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor