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.