By Gutierrez                                            H.B. No. 89
         76R13580 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the delinquent registration of a motor vehicle.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 502.176, Transportation Code, is amended
 1-5     to read as follows:
 1-6           Sec. 502.176. DELINQUENT REGISTRATION [FEE].  (a)  A
 1-7     registration fee prescribed by this chapter for a vehicle becomes
 1-8     delinquent immediately if the vehicle is used on a public highway
 1-9     without the fee having been paid in accordance with this chapter.
1-10           (b)  A county assessor-collector that determines that an
1-11     applicant for registration for which payment of the registration
1-12     fee is delinquent has provided evidence acceptable to the
1-13     assessor-collector sufficient to establish good reason for
1-14     delinquent registration and that the application complies with the
1-15     other requirements for registration under this chapter shall
1-16     register the vehicle for a 12-month period that ends on the last
1-17     day of the 11th month after the month in which the  registration
1-18     occurs under this subsection.  The registration period for vehicles
1-19     registered in accordance with Sections 502.164, 502.167, 502.203,
1-20     502.255, 502.267, 502.277, 502.278, 502.293, as added by Chapter
1-21     1222, Acts of the 75th Legislature, Regular Session, 1997, and
1-22     502.295, as added by Chapter 625, Acts of the 75th Legislature,
1-23     Regular Session, 1997, will end on the annual registration date,
1-24     and the registration fees will be prorated.
 2-1           (c)  A county assessor-collector that determines that an
 2-2     applicant for registration that is delinquent has not provided
 2-3     evidence acceptable to the assessor-collector sufficient to
 2-4     establish good reason for delinquent registration but that the
 2-5     application complies with the other requirements for registration
 2-6     under this chapter shall register the vehicle for a 12-month period
 2-7     without changing the initial month of registration.
 2-8           (d)  A person who has been arrested or received a citation
 2-9     for a violation of Section 502.402 may register the vehicle being
2-10     operated at the time of the offense with the county
2-11     assessor-collector for a 12-month period without change to the
2-12     initial month of registration only if the person:
2-13                 (1)  meets the other requirements for registration
2-14     under this chapter; and
2-15                 (2)  [may not register a vehicle for which payment of
2-16     the registration fee is delinquent unless the owner] pays an
2-17     additional charge equal to 20 percent of the prescribed fee.
2-18           (e)  The county assessor-collector shall adopt a list of
2-19     evidentiary items sufficient to establish good reason for
2-20     delinquent registration under Subsection (b) and provide for the
2-21     forms of evidence that may be used to establish good reason under
2-22     that subsection.  The list of evidentiary items adopted under this
2-23     section must allow for delinquent registration under Subsection (b)
2-24     because of:
2-25                 (1)  extensive repairs on the vehicle;
2-26                 (2)  the absence of the owner of the vehicle from this
2-27     country;
 3-1                 (3)  seasonal use of the vehicle; or
 3-2                 (4)  any other reason determined by the
 3-3     assessor-collector to be a valid explanation for the delinquent
 3-4     registration.
 3-5           (f)  The department by rule shall adopt procedures to
 3-6     implement this section in connection with the delinquent
 3-7     registration of a vehicle registered directly with the department.
 3-8           SECTION 2.  Section 502.158(f), Transportation Code, is
 3-9     repealed.
3-10           SECTION 3.  This Act takes effect September 1, 1999, and
3-11     applies to any motor vehicle for which the registration fee is
3-12     delinquent regardless of when the fee originally became delinquent.
3-13           SECTION 4.  The importance of this legislation and the
3-14     crowded condition of the calendars in both houses create an
3-15     emergency and an imperative public necessity that the
3-16     constitutional rule requiring bills to be read on three several
3-17     days in each house be suspended, and this rule is hereby suspended.