75R15285 JD-D
By Duncan S.B. No. 1630
Substitute the following for S.B. No. 1630:
By Alexander C.S.S.B. No. 1630
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle registrations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 502.001(20), Transportation Code, is
1-5 amended to read as follows:
1-6 (20) "Road tractor" means a vehicle designed for the
1-7 purpose of mowing the right-of-way of a public highway or a motor
1-8 vehicle designed or used for drawing another vehicle or a load and
1-9 not constructed to carry:
1-10 (A) an independent load; or
1-11 (B) a part of the weight of the vehicle and load
1-12 to be drawn.
1-13 SECTION 2. Subchapter A, Chapter 502, Transportation Code,
1-14 is amended by adding Section 502.009 to read as follows:
1-15 Sec. 502.009. RULES AND FORMS. (a) The department may
1-16 adopt rules to administer this chapter.
1-17 (b) The department shall:
1-18 (1) prescribe forms determined by the department to be
1-19 necessary for the administration of this chapter; and
1-20 (2) provide each county assessor-collector with an
1-21 adequate supply of each form necessary for the performance of a
1-22 duty under this chapter by the assessor-collector.
1-23 SECTION 3. Section 502.055, Transportation Code, is amended
1-24 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
2-26 three years or less before the year in which the registration year
2-27 begins.
3-1 (b) The fee for a registration year for registration of a
3-2 passenger car, [or] a municipal bus, or a private bus that weighs
3-3 more than 6,000 pounds is $25 plus 60 cents for each 100 pounds.
3-4 (c) For registration purposes, the weight of a passenger
3-5 car, [or] a municipal bus, or a private bus is the weight generally
3-6 accepted as its correct shipping weight plus 100 pounds.
3-7 (d) In this section, "private bus" has the meaning assigned
3-8 by Section 502.292.
3-9 SECTION 5. Section 502.166, Transportation Code, is amended
3-10 by adding Subsections (d) and (e) to read as follows:
3-11 (d) The department may issue specially designed license
3-12 plates for rental trailers and travel trailers that include, as
3-13 appropriate, the words "rental trailer" or "travel trailer."
3-14 (e) In this section:
3-15 (1) "Rental fleet" means five or more vehicles that
3-16 are:
3-17 (A) owned by the same owner;
3-18 (B) offered for rent or rented without drivers;
3-19 and
3-20 (C) designated by the owner in the manner
3-21 prescribed by the department as a rental fleet.
3-22 (2) "Rental trailer" means a utility trailer that:
3-23 (A) has a gross weight of 4,000 pounds or less;
3-24 and
3-25 (B) is part of a rental fleet.
3-26 (3) "Travel trailer" means a house trailer-type
3-27 vehicle or a camper trailer that is:
4-1 (A) less than eight feet in width or 40 feet in
4-2 length, exclusive of any hitch installed on the vehicle; and
4-3 (B) designed primarily for use as temporary
4-4 living quarters in connection with recreational, camping, travel,
4-5 or seasonal use and not as a permanent dwelling.
4-6 SECTION 6. Section 502.167, Transportation Code, is amended
4-7 by amending Subsection (i) and adding Subsections (j)-(l) to read
4-8 as follows:
4-9 (i) The department may issue specially designed license
4-10 plates for token trailers.
4-11 (j) A person may register a semitrailer under this section
4-12 for a registration period of five consecutive years if the person:
4-13 (1) owns 50 or more semitrailers at the time of the
4-14 application;
4-15 (2) applies to the department for the five-year
4-16 registration;
4-17 (3) provides proof of the person's eligibility to
4-18 register the vehicle under this subsection as required by the
4-19 department; and
4-20 (4) pays a fee of $15, plus any applicable fee under
4-21 Section 502.172, for each year included in the registration period.
4-22 (k) If during the five-year registration period for a
4-23 vehicle registered under Subsection (j) the amount of a fee
4-24 imposed under that subsection is increased, the owner of the
4-25 vehicle is liable to the department for the amount of the increase.
4-26 If the amount of a fee is decreased, the owner of the vehicle is
4-27 not entitled to a refund.
5-1 (l) In this section:
5-2 (1) "Combined gross weight" means the empty weight of
5-3 the truck-tractor or commercial motor vehicle combined with the
5-4 empty weight of the heaviest semitrailer used or to be used in
5-5 combination with the truck-tractor or commercial motor vehicle plus
5-6 the heaviest net load to be carried on the combination during the
5-7 registration year.
5-8 (2) "Empty weight" means the unladen weight of the
5-9 truck-tractor or commercial motor vehicle and semitrailer
5-10 combination fully equipped, as certified by a public weigher or
5-11 license and weight inspector of the Department of Public Safety.
5-12 (3) "Token trailer" means a semitrailer that:
5-13 (A) has a gross weight of more than 6,000
5-14 pounds; and
5-15 (B) is operated in combination with a truck or a
5-16 truck-tractor that has been issued:
5-17 (i) an apportioned license plate;
5-18 (ii) a combination license plate; or
5-19 (iii) a forestry vehicle license plate.
5-20 (4) "Apportioned license plate" means a license plate
5-21 issued in lieu of truck license plates or combination license
5-22 plates to a motor carrier in this state who proportionally
5-23 registers a vehicle owned by the carrier in one or more other
5-24 states.
5-25 (5) "Combination license plate" means a license plate
5-26 issued for a truck or truck-tractor that:
5-27 (A) has a manufacturer's rated carrying capacity
6-1 of more than one ton; and
6-2 (B) is used or intended to be used in
6-3 combination with a semitrailer that has a gross weight of more than
6-4 6,000 pounds.
6-5 SECTION 7. Section 502.252, Transportation Code, is amended
6-6 to read as follows:
6-7 Sec. 502.252. CERTAIN SPECIALIZED PLATES AVAILABLE
6-8 PERSONALIZED. A person applying for license plates under
6-9 Section 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,
6-10 502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]
6-11 502.274, or 502.292 may:
6-12 (1) have a license plate number assigned by the
6-13 department; or
6-14 (2) apply for personalized prestige license plates
6-15 under Section 502.251.
6-16 SECTION 8. Section 502.260(c), Transportation Code, is
6-17 amended to read as follows:
6-18 (c) The department shall issue license plates under this
6-19 section to a person who:
6-20 (1) applies to the department on a form prescribed by
6-21 the department;
6-22 (2) pays an annual fee of:
6-23 (A) $3 for the first set of license plates
6-24 issued under this section; and
6-25 (B) $15 for each additional set of license
6-26 plates issued under this section; and
6-27 (3) submits proof that the person has been awarded the
7-1 Purple Heart and is:
7-2 (A) an honorably discharged veteran of the
7-3 United States armed forces; [or]
7-4 (B) a member of the United States armed forces
7-5 on active duty; or
7-6 (C) a civilian national of the United States who
7-7 is an employee or a former employee of a branch of the United
7-8 States armed forces.
7-9 SECTION 9. Section 502.266(a), Transportation Code, is
7-10 amended to read as follows:
7-11 (a) The surviving spouse of a person who would be eligible
7-12 for [was issued] license plates under Section 502.254 is entitled
7-13 to continue to register one motor vehicle under that section as
7-14 long as the spouse remains unmarried.
7-15 SECTION 10. Subchapter F, Chapter 502, Transportation Code,
7-16 is amended by adding Sections 502.292-502.295 to read as follows:
7-17 Sec. 502.292. MUNICIPAL AND PRIVATE BUSES. (a) The
7-18 department shall issue specially designed license plates for
7-19 municipal buses and private buses.
7-20 (b) License plates issued under this section must include
7-21 the words "city bus" or "private bus," as appropriate.
7-22 (c) The department shall issue license plates under this
7-23 section to a person who:
7-24 (1) applies on a form prescribed by the department to
7-25 the county assessor-collector of the county in which the person
7-26 resides; and
7-27 (2) pays the fee prescribed by Section 502.161.
8-1 (d) Registration under this section is valid for one
8-2 registration year.
8-3 (e) In this section, "private bus" means a bus that:
8-4 (1) is not operated for hire; and
8-5 (2) is not classified as a municipal bus or a motor
8-6 bus.
8-7 Sec. 502.293. STATE OFFICIALS. (a) The department shall
8-8 issue specially designed license plates for a passenger car or
8-9 light truck owned by a state official.
8-10 (b) License plates issued under this section must include
8-11 the words "state official."
8-12 (c) The department shall issue license plates under this
8-13 section to a person who:
8-14 (1) applies to the department on a form prescribed by
8-15 the department;
8-16 (2) furnishes evidence acceptable to the department
8-17 that the person is eligible to register the vehicle under this
8-18 section; and
8-19 (3) pays the fee prescribed by Section 502.161.
8-20 (d) A person may be issued three sets of license plates
8-21 under this section.
8-22 (e) A registration under this section is for a registration
8-23 period of 12 consecutive months or until March 31, whichever period
8-24 is shorter.
8-25 (f) If the owner of a vehicle registered under this section
8-26 disposes of the vehicle during the registration period, the owner
8-27 shall surrender the special license plates to the department.
9-1 (g) In this section, "state official" means:
9-2 (1) a member of the legislature;
9-3 (2) the governor;
9-4 (3) the lieutenant governor;
9-5 (4) a justice of the Supreme Court of Texas;
9-6 (5) a judge of the Court of Criminal Appeals;
9-7 (6) the attorney general;
9-8 (7) the commissioner of the General Land Office;
9-9 (8) the comptroller;
9-10 (9) a member of the Railroad Commission of Texas;
9-11 (10) the commissioner of agriculture;
9-12 (11) the secretary of state; or
9-13 (12) a member of the State Board of Education.
9-14 Sec. 502.294. MEMBERS OF CONGRESS. (a) The department
9-15 shall issue specially designed license plates for a passenger car
9-16 or light truck owned by a member of congress.
9-17 (b) License plates issued under this section must include
9-18 the words "U.S. Congress."
9-19 (c) The department shall issue license plates under this
9-20 section to a person who:
9-21 (1) applies to the department on a form prescribed by
9-22 the department;
9-23 (2) furnishes evidence acceptable to the department
9-24 that the person is eligible to register the vehicle under this
9-25 section; and
9-26 (3) pays the fee prescribed by Section 502.161.
9-27 (d) A person may be issued three sets of license plates
10-1 under this section.
10-2 (e) A registration under this section is for a registration
10-3 period of 12 consecutive months or until March 31, whichever period
10-4 is shorter.
10-5 (f) If the owner of a vehicle registered under this section
10-6 disposes of the vehicle during the registration period, the owner
10-7 shall surrender the special license plates to the department.
10-8 Sec. 502.295. STATE AND FEDERAL JUDGES. (a) The department
10-9 shall issue specially designed license plates for a passenger car
10-10 or light truck owned by a state or federal judge or a retired state
10-11 or federal judge.
10-12 (b) License plates issued under this section must include
10-13 the words "state judge" or "U.S. judge," as appropriate.
10-14 (c) The department shall issue license plates under this
10-15 section to a person who:
10-16 (1) applies to the department on a form prescribed by
10-17 the department;
10-18 (2) furnishes evidence acceptable to the department
10-19 that the person is eligible to register the vehicle under this
10-20 section; and
10-21 (3) pays the fee prescribed by Section 502.161.
10-22 (d) A person may be issued three sets of license plates
10-23 under this section.
10-24 (e) A registration under this section is for a registration
10-25 period of 12 consecutive months or until March 31, whichever period
10-26 is shorter.
10-27 (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 (g) In this section:
11-4 (1) "Federal judge" means:
11-5 (A) a judge of the Fifth Circuit Court of
11-6 Appeals;
11-7 (B) a judge or a magistrate of a United States
11-8 district court; or
11-9 (C) a judge of a United States bankruptcy court.
11-10 (2) "State judge" means:
11-11 (A) a judge of a court of appeals;
11-12 (B) a district court judge;
11-13 (C) a presiding judge of an administrative
11-14 judicial district; or
11-15 (D) a statutory county court judge.
11-16 SECTION 11. Section 502.352, Transportation Code, is amended
11-17 by amending Subsections (a), (c), (d), and (f), and adding
11-18 Subsection (i) to read as follows:
11-19 (a) The department may issue a temporary permit for a
11-20 commercial motor vehicle, trailer, semitrailer, or motor bus that:
11-21 (1) is owned by a resident of the United States, [or]
11-22 Canada, or the United Mexican States;
11-23 (2) is subject to registration in this state; and
11-24 (3) is not authorized to travel on a public highway
11-25 because of the lack of registration in this state or the lack of
11-26 reciprocity with the state or province in which the vehicle is
11-27 registered.
12-1 (c) A person may obtain a permit under this section by:
12-2 (1) applying to the county assessor-collector, [or]
12-3 the department, or the department's wire service agent, if the
12-4 department has a wire service agent; [and]
12-5 (2) paying a fee of $25 for a 72-hour permit or $50
12-6 for a 144-hour permit:
12-7 (A) [,] in cash;
12-8 (B) [or] by postal money order;
12-9 (C) by [or] certified check;
12-10 (D) by wire transfer through the department's
12-11 wire service agent, if any;
12-12 (E) by an escrow account; or
12-13 (F) where the service is provided, by a credit
12-14 card issued by[, of]:
12-15 (i) a financial institution chartered by a
12-16 state or the United States; or
12-17 (ii) a nationally recognized credit
12-18 organization approved by the Texas Transportation Commission;
12-19 (3) paying a discount or service charge for a credit
12-20 card payment or escrow account, in addition to the fee; and
12-21 (4) furnishing to the county assessor-collector, the
12-22 department, or the department's wire service agent, evidence of
12-23 financial responsibility for the vehicle that complies with
12-24 Sections 501.153(c) and 601.168(a) and is written by an insurance
12-25 company or surety company authorized to write motor vehicle
12-26 liability insurance in this state
12-27 [(A) $25 for a 72-hour permit; or]
13-1 [(B) $50 for a 144-hour permit].
13-2 (d) A county assessor-collector shall report and send a fee
13-3 collected under this section in the manner provided by Sections
13-4 502.102 and 502.105. Each week, a wire service agent shall send to
13-5 the department a report of all permits issued by the agent during
13-6 the previous week. The department by rule shall prescribe the form
13-7 and content of a report required by this subsection.
13-8 (f) A vehicle issued a permit under this section is subject
13-9 to Subchapters B and F, Chapter 548, unless the vehicle:
13-10 (1) is registered in another state of the United
13-11 States, [or] in a province of Canada, or in a state of the United
13-12 Mexican States; or
13-13 (2) is mobile drilling or servicing equipment used in
13-14 the production of gas, crude petroleum, or oil, including a mobile
13-15 crane or hoisting equipment, mobile lift equipment, forklift, or
13-16 tug.
13-17 (i) The department may establish one or more escrow accounts
13-18 in the state highway fund for the prepayment of a 72-hour permit or
13-19 a 144-hour permit. Any fee established by the department for the
13-20 administration of this subsection shall be administered as required
13-21 by an agreement entered into by the department.
13-22 SECTION 12. This Act takes effect September 1, 1997.
13-23 SECTION 13. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
13-26 constitutional rule requiring bills to be read on three several
13-27 days in each house be suspended, and this rule is hereby suspended.