1-1 By: Gutierrez (Senate Sponsor - Sibley) H.B. No. 89
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on State
1-4 Affairs; May 12, 1999, rereferred to Committee on Economic
1-5 Development; May 14, 1999, reported favorably by the following
1-6 vote: Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the delinquent registration of a motor vehicle.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 502.176, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 502.176. DELINQUENT REGISTRATION [FEE]. (a) A
1-14 registration fee prescribed by this chapter for a vehicle becomes
1-15 delinquent immediately if the vehicle is used on a public highway
1-16 without the fee having been paid in accordance with this chapter.
1-17 (b) A county assessor-collector that determines that an
1-18 applicant for registration for which payment of the registration
1-19 fee is delinquent has provided evidence acceptable to the
1-20 assessor-collector sufficient to establish good reason for
1-21 delinquent registration and that the application complies with the
1-22 other requirements for registration under this chapter shall
1-23 register the vehicle for a 12-month period that ends on the last
1-24 day of the 11th month after the month in which the registration
1-25 occurs under this subsection. The registration period for vehicles
1-26 registered in accordance with Sections 502.164, 502.167, 502.203,
1-27 502.255, 502.267, 502.277, 502.278, 502.293, as added by Chapter
1-28 1222, Acts of the 75th Legislature, Regular Session, 1997, and
1-29 502.295, as added by Chapter 625, Acts of the 75th Legislature,
1-30 Regular Session, 1997, will end on the annual registration date,
1-31 and the registration fees will be prorated.
1-32 (c) A county assessor-collector that determines that an
1-33 applicant for registration that is delinquent has not provided
1-34 evidence acceptable to the assessor-collector sufficient to
1-35 establish good reason for delinquent registration but that the
1-36 application complies with the other requirements for registration
1-37 under this chapter shall register the vehicle for a 12-month period
1-38 without changing the initial month of registration.
1-39 (d) A person who has been arrested or received a citation
1-40 for a violation of Section 502.402 may register the vehicle being
1-41 operated at the time of the offense with the county
1-42 assessor-collector for a 12-month period without change to the
1-43 initial month of registration only if the person:
1-44 (1) meets the other requirements for registration
1-45 under this chapter; and
1-46 (2) [may not register a vehicle for which payment of
1-47 the registration fee is delinquent unless the owner] pays an
1-48 additional charge equal to 20 percent of the prescribed fee.
1-49 (e) The county assessor-collector shall adopt a list of
1-50 evidentiary items sufficient to establish good reason for
1-51 delinquent registration under Subsection (b) and provide for the
1-52 forms of evidence that may be used to establish good reason under
1-53 that subsection. The list of evidentiary items adopted under this
1-54 section must allow for delinquent registration under Subsection (b)
1-55 because of:
1-56 (1) extensive repairs on the vehicle;
1-57 (2) the absence of the owner of the vehicle from this
1-58 country;
1-59 (3) seasonal use of the vehicle; or
1-60 (4) any other reason determined by the
1-61 assessor-collector to be a valid explanation for the delinquent
1-62 registration.
1-63 (f) The department by rule shall adopt procedures to
1-64 implement this section in connection with the delinquent
2-1 registration of a vehicle registered directly with the department.
2-2 SECTION 2. Section 502.158(f), Transportation Code, is
2-3 repealed.
2-4 SECTION 3. This Act takes effect September 1, 1999, and
2-5 applies to any motor vehicle for which the registration fee is
2-6 delinquent regardless of when the fee originally became delinquent.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *