|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to motor vehicles; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 501.002, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 501.002. DEFINITIONS. In this chapter: |
|
(1) "Certificate of title" means a printed record of |
|
title [an instrument] issued under Section 501.021. |
|
(2) "Credit card" means a card, plate, or similar |
|
device used to make a purchase or to borrow money. |
|
(3) "Dealer" has the meaning assigned by Section |
|
503.001 [means a person who purchases motor vehicles for sale at
|
|
retail]. |
|
(4) "Debit card" means a card that enables the holder |
|
to withdraw money or to have the cost of a purchase charged directly |
|
to the holder's bank account. |
|
(5) [(3)] "Department" means the Texas Department of |
|
Motor Vehicles. |
|
(6) [(4)] "Distributor" has the meaning assigned by |
|
Section 2301.002, Occupations Code [means a person engaged in the
|
|
business of selling to a dealer motor vehicles purchased from a
|
|
manufacturer]. |
|
(7) "Electric bicycle" has the meaning assigned by |
|
Section 541.201. |
|
(8) [(5)] "First sale" means: |
|
(A) the bargain, sale, transfer, or delivery of a |
|
motor vehicle that has not been previously registered or titled |
|
[licensed], with intent to pass an interest in the motor vehicle, |
|
other than a lien, regardless of where the bargain, sale, transfer, |
|
or delivery occurred; and |
|
(B) the registration or titling [licensing] of |
|
that vehicle. |
|
(9) [(6)] "House trailer" means a trailer designed for |
|
human habitation. The term does not include manufactured housing. |
|
(10) [(7)] "Importer" means a person, other than a |
|
manufacturer, that brings a used motor vehicle into this state for |
|
sale in this state. |
|
(11) [(8)] "Importer's certificate" means a |
|
certificate for a used motor vehicle brought into this state for |
|
sale in this state. |
|
(12) [(9)] "Lien" means: |
|
(A) a lien provided for by the constitution or |
|
statute in a motor vehicle; |
|
(B) a security interest, as defined by Section |
|
1.201, Business & Commerce Code, in a motor vehicle, other than an |
|
absolute title, created by any written security agreement, as |
|
defined by Section 9.102, Business & Commerce Code, including a |
|
lease, conditional sales contract, deed of trust, chattel mortgage, |
|
trust receipt, or reservation of title; or |
|
(C) a child support lien under Chapter 157, |
|
Family Code. |
|
(13) [(10)] "Manufactured housing" has the meaning |
|
assigned by Chapter 1201, Occupations Code. |
|
(14) [(11)] "Manufacturer" has the meaning assigned |
|
by Section 503.001 [means a person regularly engaged in the
|
|
business of manufacturing or assembling new motor vehicles]. |
|
(15) [(12)] "Manufacturer's permanent vehicle |
|
identification number" means the number affixed by the manufacturer |
|
to a motor vehicle in a manner and place easily accessible for |
|
physical examination and die-stamped or otherwise permanently |
|
affixed on one or more removable parts of the vehicle. |
|
(16) [(13)] "Motorcycle" has the meaning assigned by |
|
Section 521.001 or 541.201, as applicable [means a motor vehicle,
|
|
other than a tractor, designed to propel itself with not more than
|
|
three wheels in contact with the ground]. |
|
(17) [(14)] "Motor vehicle" means: |
|
(A) any motor driven or propelled vehicle |
|
required to be registered under the laws of this state; |
|
(B) a trailer or semitrailer, other than |
|
manufactured housing, that has a gross vehicle weight that exceeds |
|
4,000 pounds; |
|
(C) a travel [house] trailer; |
|
(D) an all-terrain vehicle or a recreational |
|
off-highway vehicle, as those terms are defined by Section 502.001, |
|
designed by the manufacturer for off-highway use that is not |
|
required to be registered under the laws of this state; or |
|
(E) a motorcycle, motor-driven cycle, or moped |
|
that is not required to be registered under the laws of this state[,
|
|
other than a motorcycle, motor-driven cycle, or moped designed for
|
|
and used exclusively on a golf course]. |
|
(18) [(15)] "New motor vehicle" has the meaning |
|
assigned by Section 2301.002, Occupations Code [means a motor
|
|
vehicle that has not been the subject of a first sale]. |
|
(19) [(16)] "Owner" means [includes] a person, other |
|
than a manufacturer, importer, distributor, or dealer, claiming |
|
title to or having a right to operate under a lien a motor vehicle |
|
that has been subject to a first sale. |
|
(20) "Purchaser" means a person or entity to which a |
|
motor vehicle is donated, given, sold, or otherwise transferred. |
|
(21) "Record of title" means an electronic record of |
|
motor vehicle ownership in the department's motor vehicle database |
|
that is created under Subchapter I. |
|
(22) "Seller" means a person or entity that donates, |
|
gives, sells, or otherwise transfers ownership of a motor vehicle. |
|
(23) [(17)] "Semitrailer" means a vehicle that is |
|
designed or used with a motor vehicle so that part of the weight of |
|
the vehicle and its load rests on or is carried by another vehicle. |
|
(24) [(18)] "Serial number" means a vehicle |
|
identification number that is affixed to a part of a motor vehicle |
|
and that is: |
|
(A) the manufacturer's permanent vehicle |
|
identification number; |
|
(B) a derivative number of the manufacturer's |
|
permanent vehicle identification number; |
|
(C) the motor number; or |
|
(D) the vehicle identification number assigned |
|
by the department. |
|
(25) [(19)] "Steal" has the meaning assigned by |
|
Section 31.01, Penal Code. |
|
(26) [(20)] "Subsequent sale" means: |
|
(A) the bargain, sale, transfer, or delivery of a |
|
used motor vehicle [that has been previously registered or licensed
|
|
in this state or elsewhere], with intent to pass an interest in the |
|
vehicle, other than a lien[, regardless of where the bargain, sale,
|
|
transfer, or delivery occurs]; and |
|
(B) the registration of the vehicle if |
|
registration is required under the laws of this state. |
|
(27) "Title" means a certificate or record of title |
|
that is issued under Section 501.021. |
|
(28) [(21)] "Title receipt" means a document [an
|
|
instrument] issued under Section 501.024. |
|
(29) [(22)] "Trailer" means a vehicle that: |
|
(A) is designed or used to carry a load wholly on |
|
the trailer's own structure; and |
|
(B) is drawn or designed to be drawn by a motor |
|
vehicle. |
|
(30) "Travel trailer" means a house trailer-type |
|
vehicle or a camper trailer: |
|
(A) that is a recreational vehicle defined under |
|
24 C.F.R. Section 3282.8(g); or |
|
(B) that: |
|
(i) is less than eight feet in width or 40 |
|
feet in length, exclusive of any hitch installed on the vehicle; |
|
(ii) is designed primarily for use as |
|
temporary living quarters in connection with recreational, |
|
camping, travel, or seasonal use; |
|
(iii) is not used as a permanent dwelling; |
|
and |
|
(iv) is not a utility trailer, enclosed |
|
trailer, or other trailer that does not have human habitation as its |
|
primary function. |
|
(31) [(23)] "Used motor vehicle" means a motor vehicle |
|
that has been the subject of a first sale. |
|
(32) "Vehicle identification number" means: |
|
(A) the manufacturer's permanent vehicle |
|
identification number affixed by the manufacturer to the motor |
|
vehicle that is easily accessible for physical examination and |
|
permanently affixed on one or more removable parts of the vehicle; |
|
or |
|
(B) a serial number affixed to a part of a motor |
|
vehicle that is: |
|
(i) a derivative number of the |
|
manufacturer's permanent vehicle identification number; |
|
(ii) the motor number; or |
|
(iii) a vehicle identification number |
|
assigned by the department. |
|
SECTION 2. The heading to Section 501.003, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.003. PURPOSE [CONSTRUCTION]. |
|
SECTION 3. Section 501.004(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as provided by this section, this [This] chapter |
|
applies to all motor vehicles, including a motor vehicle owned by |
|
the state or a political subdivision of the state. |
|
SECTION 4. Section 501.131, Transportation Code, is |
|
transferred to Subchapter A, Chapter 501, Transportation Code, |
|
redesignated as Section 501.0041, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.0041 [501.131]. RULES; FORMS. (a) The |
|
department may adopt rules to administer this chapter. |
|
(b) The department shall post forms on the Internet and[:
|
|
[(1)
in addition to the forms required by this
|
|
chapter, prescribe forms for a title receipt, manufacturer's
|
|
certificate, and importer's certificate, and other forms the
|
|
department determines necessary; and
|
|
[(2)] provide each county assessor-collector with a |
|
sufficient supply of any necessary [the] forms on request. |
|
SECTION 5. Section 501.159, Transportation Code, is |
|
transferred to Subchapter A, Chapter 501, Transportation Code, |
|
redesignated as Section 501.006, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.006 [501.159]. ALIAS [CERTIFICATE OF] TITLE. On |
|
receipt of a verified [written] request approved by the executive |
|
administrator of a law enforcement agency, the department may issue |
|
a [certificate of] title in the form requested by the executive |
|
administrator for a vehicle in an alias for the law enforcement |
|
agency's use in a covert criminal investigation. |
|
SECTION 6. Section 501.021, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 501.021. [CERTIFICATE OF] TITLE FOR MOTOR VEHICLE. |
|
(a) A motor vehicle [certificate of] title [is an instrument] |
|
issued by the department must include [that includes]: |
|
(1) the name and address of each [the] purchaser and |
|
seller at the first sale or [the transferee and transferor at] a |
|
subsequent sale; |
|
(2) the make of the motor vehicle; |
|
(3) the body type of the vehicle; |
|
(4) the manufacturer's permanent vehicle |
|
identification number of the vehicle or the vehicle's motor number |
|
if the vehicle was manufactured before the date that stamping a |
|
permanent identification number on a motor vehicle was universally |
|
adopted; |
|
(5) the serial number for the vehicle; |
|
(6) the [number on the vehicle's current Texas license
|
|
plates, if any;
|
|
[(7) a statement:
|
|
[(A) that no lien on the vehicle is recorded; or
|
|
[(B) of the] name and address of each lienholder |
|
and the date of each lien on the vehicle, listed in the |
|
chronological order in which the lien was recorded; |
|
(7) [(8)
a space for the signature of the owner of the
|
|
vehicle;
|
|
[(9)] a statement indicating rights of survivorship |
|
under Section 501.031; |
|
(8) [(10)] if the vehicle has an odometer, the |
|
odometer reading at the time of [indicated by the] application for |
|
the [certificate of] title; and |
|
(9) [(11)] any other information required by the |
|
department. |
|
(b) A printed certificate of title must bear the following |
|
statement on its face: |
|
"UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF |
|
STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF |
|
TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF |
|
TITLE." |
|
(c) A [certificate of] title for a motor vehicle that has |
|
been the subject of an ordered repurchase or replacement under |
|
Chapter 2301, Occupations Code, must contain on its face a notice |
|
sufficient to inform a purchaser that the motor vehicle has been the |
|
subject of an ordered repurchase or replacement. |
|
SECTION 7. The heading to Section 501.022, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.022. MOTOR VEHICLE [CERTIFICATE OF] TITLE |
|
REQUIRED. |
|
SECTION 8. Sections 501.022(a), (b), and (c), |
|
Transportation Code, are amended to read as follows: |
|
(a) The owner of a motor vehicle registered in this state: |
|
(1) except as provided by Section 501.029, shall apply |
|
for title to the vehicle; and |
|
(2) may not operate or permit the operation of the |
|
vehicle on a public highway until the owner obtains: |
|
(A) [a certificate of] title and [for the vehicle
|
|
or until the owner obtains] registration for the vehicle; or |
|
(B) [if] a receipt evidencing title for |
|
registration purposes only [to the vehicle is issued] under Section |
|
501.029 [501.029(b)]. |
|
(b) A person may not operate a motor vehicle registered in |
|
this state on a public highway if the person knows or has reason to |
|
believe that the owner has not obtained a [certificate of] title for |
|
the vehicle. |
|
(c) The owner of a motor vehicle that is required to be |
|
titled and registered in this state must obtain [apply for] a |
|
[certificate of] title to [of] the vehicle before selling or |
|
disposing of the vehicle. |
|
SECTION 9. Subchapter B, Chapter 501, Transportation Code, |
|
is amended by adding Section 501.0225 to read as follows: |
|
Sec. 501.0225. CERTIFICATE OF TITLE REQUIRED FOR OFF-ROAD |
|
VEHICLE. A person who purchases, imports, or otherwise acquires an |
|
off-road vehicle, as defined by Section 152.001, Tax Code, that is |
|
not required to be registered under Chapter 502 may not operate or |
|
permit the operation of the vehicle in this state, or sell or |
|
dispose of the vehicle in this state, until the person obtains a |
|
certificate of title for the vehicle. This section does not apply |
|
to: |
|
(1) an off-road vehicle that is exempt from motor |
|
vehicle sales and use taxation under Section 152.091, Tax Code; or |
|
(2) an off-road vehicle acquired and sold or disposed |
|
of by a lienholder exercising a statutory or contractual lien right |
|
with regard to the vehicle, except that this section does apply to |
|
the purchaser of that vehicle. |
|
SECTION 10. The heading to Section 501.023, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.023. APPLICATION FOR [CERTIFICATE OF] TITLE. |
|
SECTION 11. Section 501.023, Transportation Code, is |
|
amended by amending Subsections (a), (b), and (c) and adding |
|
Subsection (e) to read as follows: |
|
(a) The owner of a motor vehicle must present identification |
|
and apply for a [certificate of] title as prescribed by the |
|
department, unless otherwise exempted by law. To obtain a title, |
|
the owner must apply: |
|
(1) to the county assessor-collector in the county in |
|
which: |
|
(A) the owner is domiciled; or |
|
(B) the motor vehicle is purchased or encumbered; |
|
or [and] |
|
(2) if the county in which the owner resides has been |
|
declared by the governor as a disaster area, to the county |
|
assessor-collector in one of the closest unaffected counties to a |
|
county that asks for assistance and: |
|
(A) continues to be declared by the governor as a |
|
disaster area because the county has been rendered inoperable by |
|
the disaster; and |
|
(B) is inoperable for a protracted period of time |
|
[on a form prescribed by the department]. |
|
(b) The assessor-collector shall send the application to |
|
the department or enter it into the department's titling system |
|
within 72 [not later than 24] hours after receipt of [receiving] the |
|
application. |
|
(c) The owner or a lessee of a commercial motor vehicle |
|
operating under the International Registration Plan or other |
|
agreement described by Section 502.091 [502.054] that is applying |
|
for a [certificate of] title for purposes of registration only may |
|
apply [must be made] directly to the department. Notwithstanding |
|
Section 501.138(a), an applicant for registration under this |
|
subsection shall pay [the department] the fee imposed by that |
|
section. The [department shall send the] fee shall be distributed |
|
to the appropriate county assessor-collector [for distribution] in |
|
the manner provided by Section 501.138. |
|
(e) Applications submitted to the department electronically |
|
must request the purchaser's choice of county as stated in |
|
Subsection (a) as the recipient of all taxes, fees, and other |
|
revenue collected as a result of the transaction. |
|
SECTION 12. Sections 501.0234(a), (b), (d), and (e), |
|
Transportation Code, are amended to read as follows: |
|
(a) A person who sells at the first or a subsequent sale a |
|
motor vehicle and who holds a general distinguishing number issued |
|
under Chapter 503 of this code or Chapter 2301, Occupations Code, |
|
shall: |
|
(1) except as provided by this section, in the time and |
|
manner provided by law, apply, in the name of the purchaser of the |
|
vehicle, for the registration of the vehicle, if the vehicle is to |
|
be registered, and a [certificate of] title for the vehicle and file |
|
with the appropriate designated agent each document necessary to |
|
transfer title to or register the vehicle; and at the same time |
|
(2) remit any required motor vehicle sales tax. |
|
(b) This section does not apply to a motor vehicle: |
|
(1) that has been declared a total loss by an insurance |
|
company in the settlement or adjustment of a claim; |
|
(2) for which the [certificate of] title has been |
|
surrendered in exchange for: |
|
(A) a salvage vehicle title or salvage record of |
|
title issued under this chapter; |
|
(B) a nonrepairable vehicle title or |
|
nonrepairable vehicle record of title issued under this chapter or |
|
Subchapter D, Chapter 683; or |
|
(C) [a certificate of authority issued under
|
|
Subchapter D, Chapter 683; or
|
|
[(D)] an ownership document issued by another |
|
state that is comparable to a document described by Paragraph (A) or |
|
(B) [Paragraphs (A)-(C)]; |
|
(3) with a gross weight in excess of 11,000 pounds; or |
|
(4) purchased by a commercial fleet buyer who is a |
|
full-service deputy under Section 520.008 [502.114] and who |
|
utilizes the dealer title application process developed to provide |
|
a method to submit title transactions to the county in which the |
|
commercial fleet buyer is a full-service deputy. |
|
(d) A seller who applies for the registration or a |
|
[certificate of] title for a motor vehicle under Subsection (a)(1) |
|
shall apply in the county as directed by the purchaser from the |
|
counties set forth in Section 501.023 [of this code]. |
|
(e) The department shall develop [promulgate] a form or |
|
electronic process in [on] which the purchaser of a motor vehicle |
|
shall designate the purchaser's choice as set out in Section |
|
501.023 as the recipient of all taxes, fees, and other revenue |
|
collected as a result of the transaction, which the tax |
|
assessor-collector is authorized by law to retain. A seller shall |
|
make that form or electronic process available to the purchaser of a |
|
vehicle at the time of purchase. |
|
SECTION 13. Subchapter B, Chapter 501, Transportation Code, |
|
is amended by adding Section 501.0235 to read as follows: |
|
Sec. 501.0235. PERSONAL IDENTIFICATION INFORMATION FOR |
|
OBTAINING TITLE. (a) The department may require an applicant for a |
|
title to provide current personal identification as determined by |
|
department rule. |
|
(b) Any identification number required by the department |
|
under this section may be entered in the department's electronic |
|
titling system but may not be printed on the title. |
|
SECTION 14. Section 501.024, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.024. TITLE RECEIPT. (a) A county |
|
assessor-collector who receives an application for a [certificate
|
|
of] title shall issue a title receipt to the applicant containing |
|
the information concerning the motor vehicle required for issuance |
|
of a title under Section 501.021 or Subchapter I [,] after: |
|
(1) the requirements of this chapter are met, |
|
including the payment of the fees required under Section 501.138; |
|
and |
|
(2) the [, issue a title receipt on which is noted] |
|
information is entered into the department's titling system |
|
[concerning the motor vehicle required for the certificate of title
|
|
under Section 501.021, including a statement of the existence of
|
|
each lien as disclosed on the application or a statement that no
|
|
lien is disclosed]. |
|
(b) If a lien is not disclosed on the application for a |
|
[certificate of] title, the assessor-collector shall issue a [mark
|
|
the] title receipt ["original" and deliver it] to the applicant. |
|
(c) If a lien is disclosed on the application for a |
|
[certificate of] title, the assessor-collector shall issue a |
|
duplicate title receipt to the lienholder [receipts. The
|
|
assessor-collector shall:
|
|
[(1)
mark one receipt "original" and mail or deliver
|
|
it to the first lienholder disclosed on the application; and
|
|
[(2)
mark the second receipt "duplicate original" and
|
|
mail or deliver it to the address of the applicant provided on the
|
|
application]. |
|
(d) A title receipt with registration or permit authorizes |
|
the operation of the motor vehicle on a public highway in this state |
|
for 10 days or until the [certificate of] title is issued, whichever |
|
period is shorter. |
|
SECTION 15. Section 501.025, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.025. [TITLE RECEIPT REQUIRED ON FIRST SALE;] |
|
MANUFACTURER'S CERTIFICATE REQUIRED ON FIRST SALE. A county |
|
assessor-collector may not issue a title receipt on the first sale |
|
of a motor vehicle unless the applicant for the [certificate of] |
|
title provides [to the assessor-collector] the application for a |
|
[certificate of] title and a manufacturer's certificate in [, on] a |
|
manner [form] prescribed by the department [, that:
|
|
[(1)
is assigned to the applicant by the manufacturer,
|
|
distributor, or dealer shown on the manufacturer's certificate as
|
|
the last transferee; and
|
|
[(2)
shows the transfer of the vehicle from its
|
|
manufacturer to the purchaser, whether a distributor, dealer, or
|
|
owner, and each subsequent transfer from distributor to dealer,
|
|
dealer to dealer, and dealer to applicant]. |
|
SECTION 16. Section 501.027, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.027. ISSUANCE OF [CERTIFICATE OF] TITLE. (a) On |
|
the day that a county assessor-collector issues a title receipt, a |
|
copy of the title receipt and all evidence of title [the
|
|
assessor-collector] shall be submitted [mail] to the department in |
|
the period specified in Section 501.023(b) [:
|
|
[(1) a copy of the receipt; and
|
|
[(2)
the evidence of title delivered to the
|
|
assessor-collector by the applicant]. |
|
(b) Not later than the fifth day after the date the |
|
department receives an application for a [certificate of] title and |
|
the department determines the requirements of this chapter are met: |
|
(1) the [, the department shall issue the certificate
|
|
of] title shall be issued to the first lienholder or to the |
|
applicant if [. If] a lien is not disclosed on the application; or |
|
(2) [,] the department shall notify [send the
|
|
certificate by first class mail to] the applicant that the |
|
department's titling system has established a record of title of |
|
the motor vehicle in the applicant's name if a lien is not disclosed |
|
[at the address provided on the application]. If a lien is |
|
disclosed on the application, the department shall notify [send] |
|
the [certificate by first class mail to the first] lienholder that |
|
the lien has been recorded [as disclosed on the application]. |
|
SECTION 17. Section 501.0275, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE. |
|
(a) The department shall issue a [certificate of] title for a |
|
motor vehicle that complies with the other requirements [for
|
|
issuance of a certificate of title] under this chapter unless |
|
[except that]: |
|
(1) the vehicle is not registered for a reason other |
|
than a reason provided by Section 501.051(a)(6) [501.051(6)]; and |
|
(2) the applicant does not provide evidence of |
|
financial responsibility that complies with Section 502.046 |
|
[502.153]. |
|
(b) On application for a [certificate of] title under this |
|
section, the applicant must surrender any license plates issued for |
|
the motor vehicle if the plates are not being transferred to another |
|
vehicle and any registration insignia for validation of those |
|
plates to the department. |
|
SECTION 18. Section 501.0276, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.0276. DENIAL OF TITLE RECEIPT, [OR CERTIFICATE OF] |
|
TITLE, OR RECORD OF TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS |
|
TESTING. A county assessor-collector may not issue a title receipt |
|
and the department may not issue a certificate of title for a |
|
vehicle subject to Section 548.3011 unless proof that the vehicle |
|
has passed a vehicle emissions test as required by that section, in |
|
a manner [form] authorized by that section, is presented to the |
|
county assessor-collector with the application for a [certificate
|
|
of] title. |
|
SECTION 19. Section 501.029, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.029. ACCEPTABLE PROOF OF OWNERSHIP [USE OF
|
|
REGISTRATION RECEIPT OR TITLE RECEIPT TO EVIDENCE TITLE]. [(a)
A
|
|
person may use a registration receipt issued under Chapter 502 or a
|
|
title receipt to evidence title to a motor vehicle and not to
|
|
transfer an interest in or establish a lien on the vehicle.
|
|
[(b)] The board [department] by rule may provide a list of |
|
the documents required for the issuance of a receipt that evidences |
|
title to a motor vehicle for registration purposes only. The fee |
|
for application for the receipt is the fee applicable to |
|
application for a [certificate of] title. The title receipt may not |
|
be used to transfer an interest in or establish a lien on the |
|
vehicle. |
|
SECTION 20. Sections 501.030(b), (d), (e), (f), and (g), |
|
Transportation Code, are amended to read as follows: |
|
(b) Before a motor vehicle that was not manufactured for |
|
sale or distribution in the United States may be titled in this |
|
state, the applicant must: |
|
(1) provide to the assessor-collector: |
|
(A) a bond release letter, with all attachments, |
|
issued by the United States Department of Transportation |
|
acknowledging: |
|
(i) receipt of a statement of compliance |
|
submitted by the importer of the vehicle; and |
|
(ii) that the statement meets the safety |
|
requirements of 19 C.F.R. Section 12.80(e); |
|
(B) a bond release letter, with all attachments, |
|
issued by the United States Environmental Protection Agency stating |
|
that the vehicle has been tested and shown to conform to federal |
|
emission requirements; and |
|
(C) a receipt or certificate issued by the United |
|
States Department of the Treasury showing that all gas guzzler |
|
taxes due on the vehicle under 26 U.S.C. Section 4064(a) have been |
|
paid; or |
|
(2) provide to the assessor-collector proof, |
|
satisfactory to the department, [assessor-collector] that the |
|
vehicle was not brought into the United States from outside [of] the |
|
country. |
|
(d) If a motor vehicle has not been titled or registered in |
|
the United States, the application for [certificate of] title must |
|
be accompanied by: |
|
(1) a manufacturer's certificate of origin written in |
|
English issued by the vehicle manufacturer; |
|
(2) the original documents that constitute valid proof |
|
of ownership in the country where the vehicle was originally |
|
purchased, with an English translation of the documents verified as |
|
to the accuracy of the translation by an affidavit of the |
|
translator; or |
|
(3) if the vehicle was imported from a country that |
|
cancels the vehicle registration and title for export, the |
|
documents assigned to the vehicle after the registration and title |
|
were canceled, with an English translation of the documents |
|
verified as to the accuracy of the translation by an affidavit of |
|
the translator. |
|
(e) Before a motor vehicle that is required to be registered |
|
in this state and that is brought into this state by a person other |
|
than a manufacturer or importer may be bargained, sold, |
|
transferred, or delivered with an intent to pass an interest in the |
|
vehicle or encumbered by a lien, the owner must apply for a |
|
[certificate of] title in [on] a manner [form] prescribed by the |
|
department to the county assessor-collector for the county in which |
|
the transaction is to take place. The assessor-collector may not |
|
issue a title receipt unless the applicant delivers to the |
|
assessor-collector satisfactory evidence [of title] showing that |
|
the applicant is the owner of the vehicle and that the vehicle is |
|
free of any undisclosed liens. |
|
(f) A county assessor-collector may not be held liable for |
|
civil damages arising out of the assessor-collector's failure to |
|
reflect on the title receipt a lien or encumbrance on a motor |
|
vehicle to which Subsection (e) applies unless the |
|
[assessor-collector's] failure constitutes wilful or wanton |
|
negligence. |
|
(g) Until an applicant has complied with this section: |
|
(1) a county assessor-collector may not accept an |
|
application for [certificate of] title; and |
|
(2) the applicant is not entitled to an appeal as |
|
provided by Sections 501.052 and 501.053. |
|
SECTION 21. Section 501.031, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.031. RIGHTS OF SURVIVORSHIP AGREEMENT. (a) The |
|
department shall include on each [certificate of] title an optional |
|
[a] rights of survivorship agreement that [form. The form must]: |
|
(1) provides [provide] that if the agreement is |
|
between [signed by] two or more eligible persons, the motor vehicle |
|
is held jointly by those persons with the interest of a person who |
|
dies to transfer [survive] to the surviving person or persons; and |
|
(2) provides [provide blanks] for the acknowledgment |
|
by signature, either electronically or by hand, [signatures] of the |
|
persons. |
|
(b) If the vehicle is registered in the name of one or more |
|
of the persons who acknowledged [signed] the agreement, the |
|
[certificate of] title may contain a: |
|
(1) rights of survivorship agreement acknowledged |
|
[signed] by all the persons; or |
|
(2) remark if a rights of survivorship agreement is |
|
[surrendered with the application for certificate of title or
|
|
otherwise] on file with the department. |
|
(c) Ownership [Except as provided in Subsection (g),
|
|
ownership] of the vehicle may be transferred only: |
|
(1) by all the persons acting jointly, if all the |
|
persons are alive; and |
|
(2) on the death of one of the persons by the surviving |
|
person or persons by transferring ownership of the vehicle [the
|
|
certificate of title], in the manner otherwise required by law [for
|
|
transfer of ownership of the vehicle], with a copy of the death |
|
certificate of the deceased person [attached to the certificate of
|
|
title application]. |
|
(d) A rights of survivorship agreement under this section |
|
may be revoked only if [by surrender of the certificate of title to
|
|
the department and joint application by] the persons named in [who
|
|
signed] the agreement file a joint application for a new title in |
|
the name of the person or persons designated in the application. |
|
(e) A person is eligible to file [sign] a rights of |
|
survivorship agreement under this section if the person: |
|
(1) is married and the spouse of the [signing] person |
|
is the only other party to the agreement; |
|
(2) is unmarried and attests to that unmarried status |
|
by affidavit; or |
|
(3) is married and provides the department with an |
|
affidavit from the [signing] person's spouse that attests that the |
|
[signing] person's interest in the vehicle is the [signing] |
|
person's separate property. |
|
(f) The department may develop an optional electronic [If
|
|
the title is being issued in connection with the sale of the
|
|
vehicle, the seller is not eligible to sign a] rights of |
|
survivorship agreement for public use [under this section unless
|
|
the seller is the child, grandchild, parent, grandparent, brother,
|
|
or sister of each other person signing the agreement. A family
|
|
relationship required by this subsection may be a relationship
|
|
established by adoption.
|
|
[(g)
If an agreement, other than the agreement provided for
|
|
in Subsection (a), providing for right of survivorship is signed by
|
|
two or more persons, the department shall issue a new certificate of
|
|
title to the surviving person or persons upon application
|
|
accompanied by a copy of the death certificate of the deceased
|
|
person. The department may develop for public use under this
|
|
subsection an optional rights of survivorship agreement form]. |
|
SECTION 22. Section 501.032, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.032. ASSIGNMENT OF VEHICLE IDENTIFICATION |
|
[SERIAL] NUMBER BY DEPARTMENT. (a) On proper application, the |
|
department shall assign a vehicle identification [a serial] number |
|
to a travel [house] trailer, a trailer or semitrailer that has a |
|
gross vehicle weight that exceeds 4,000 pounds, or an item of |
|
equipment, including a tractor, farm implement, unit of special |
|
mobile equipment, or unit of off-road construction equipment on |
|
which: |
|
(1) a vehicle identification [a serial] number was not |
|
die-stamped by the manufacturer; or |
|
(2) a vehicle identification [the serial] number |
|
die-stamped by the manufacturer has been lost, removed, or |
|
obliterated. |
|
(b) The applicant shall die-stamp the assigned vehicle |
|
identification [serial] number at the place designated by the |
|
department on the travel [house] trailer, trailer, semitrailer, or |
|
equipment. |
|
(c) The manufacturer's vehicle identification [serial] |
|
number or the vehicle identification [serial] number assigned by |
|
the department shall be affixed on the carriage or axle part of the |
|
travel [house] trailer, trailer, or semitrailer. The department |
|
shall use the number as the major identification of the vehicle in |
|
the issuance of a [certificate of] title. |
|
SECTION 23. Sections 501.033(a), (b), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(a) A person determined by law enforcement [the department] |
|
or a court to be the owner of a motor vehicle, a part of a motor |
|
vehicle, or an item of equipment including a tractor, farm |
|
implement, unit of special mobile equipment, or unit of off-road |
|
construction equipment [that has had the serial number removed,
|
|
altered, or obliterated] may apply to the department for an |
|
assigned vehicle identification number that has been removed, |
|
altered, or obliterated. |
|
(b) An application under this section must be in [on] a |
|
manner [form] prescribed [and furnished] by the department and |
|
accompanied by [the certificate of title for the vehicle or other] |
|
valid evidence of ownership as required by the department [if there
|
|
is no certificate of title]. |
|
(d) The assigned vehicle identification number shall be |
|
die-stamped or otherwise affixed [to the motor vehicle, part, or
|
|
item of equipment at the location and] in the manner designated by |
|
the department. |
|
SECTION 24. Section 520.011, Transportation Code, is |
|
transferred to Subchapter B, Chapter 501, Transportation Code, |
|
redesignated as Section 501.0331, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.0331 [520.011]. MOTOR NUMBER REQUIRED FOR |
|
[VEHICLE] REGISTRATION [; PENALTY]. [(a)] A person may not apply |
|
to the county assessor-collector for the registration of a motor |
|
vehicle from which the original motor number has been removed, |
|
erased, or destroyed until the motor vehicle bears the motor number |
|
assigned by the department. |
|
[(b)
A person commits an offense if the person violates this
|
|
section. An offense under this subsection is a misdemeanor
|
|
punishable by a fine of not less than $50 and not more than $100.] |
|
SECTION 25. Section 520.012, Transportation Code, is |
|
transferred to Subchapter B, Chapter 501, Transportation Code, |
|
redesignated as Section 501.0332, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.0332 [520.012]. APPLICATION FOR MOTOR NUMBER |
|
RECORD[; RECORD; PENALTY]. (a) To obtain a motor number assigned |
|
by the department, the owner of a motor vehicle that has had the |
|
original motor number removed, erased, or destroyed must file a |
|
sworn application with the department. |
|
(b) The department shall maintain a record of [separate
|
|
register for recording] each motor number assigned by the |
|
department that includes [. For each motor number assigned by the
|
|
department, the record must indicate]: |
|
(1) the motor number assigned by the department; |
|
(2) the name and address of the owner of the motor |
|
vehicle; and |
|
(3) the make, model, and year of manufacture of the |
|
motor vehicle. |
|
[(c)
A person who fails to comply with this section commits
|
|
an offense. An offense under this subsection is a misdemeanor
|
|
punishable by a fine of not less than $10 and not more than $100.] |
|
SECTION 26. Section 501.034, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.034. ISSUANCE OF TITLE TO GOVERNMENT AGENCY. The |
|
department may issue a [certificate of] title to a government |
|
agency if a vehicle or part of a vehicle is: |
|
(1) forfeited to the government agency; |
|
(2) delivered by court order under the Code of |
|
Criminal Procedure to a government agency for official purposes; or |
|
(3) sold as abandoned or unclaimed property under the |
|
Code of Criminal Procedure. |
|
SECTION 27. Section 501.035, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.035. [CERTIFICATE OF] TITLE FOR FORMER MILITARY |
|
VEHICLE. (a) Notwithstanding any other law, the department shall |
|
issue a [certificate of] title for a former military vehicle [that
|
|
is not registered under the laws of this state] if all [other] |
|
requirements for issuance of a [certificate of] title are met. |
|
(b) In this section, "former military vehicle" has the |
|
meaning assigned by Section 504.502(i) [502.275(o)]. |
|
SECTION 28. Section 501.036, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.036. [CERTIFICATE OF] TITLE FOR FARM SEMITRAILER. |
|
(a) Notwithstanding any other provision of this chapter, the |
|
department may issue a [certificate of] title for a farm |
|
semitrailer with a gross weight of more than 4,000 pounds if: |
|
(1) the farm semitrailer is eligible for registration |
|
under Section 502.146 [504.504]; and |
|
(2) all other requirements for issuance of a |
|
[certificate of] title are met. |
|
(b) To obtain a [certificate of] title under this section, |
|
the owner of the farm semitrailer must: |
|
(1) apply for the [certificate of] title in the manner |
|
required by Section 501.023; and |
|
(2) pay the fee required by Section 501.138. |
|
(c) The department shall adopt rules [and forms] to |
|
implement and administer this section. |
|
SECTION 29. Section 501.051, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.051. GROUNDS FOR REFUSAL TO ISSUE OR FOR |
|
REVOCATION OR SUSPENSION OF TITLE [CERTIFICATE]. (a) A title may |
|
be refused, canceled, suspended, or revoked by the [The] department |
|
[shall refuse to issue a certificate of title or shall suspend or
|
|
revoke a certificate of title] if: |
|
(1) the application [for the certificate] contains a |
|
false or fraudulent statement; |
|
(2) the applicant failed to furnish required |
|
information requested by the department; |
|
(3) the applicant is not entitled to a [certificate
|
|
of] title; |
|
(4) the department has reason to believe that the |
|
motor vehicle is stolen; |
|
(5) the department has reason to believe that the |
|
issuance of a [certificate of] title would defraud the owner or a |
|
lienholder of the motor vehicle; |
|
(6) the registration for the motor vehicle is |
|
suspended or revoked; or |
|
(7) the required fee has not been paid. |
|
(b) The department may rescind, cancel, or revoke an |
|
application for a title if a notarized affidavit is presented |
|
containing: |
|
(1) a statement that the vehicle involved was a new |
|
motor vehicle in the process of a first sale; |
|
(2) a statement that the dealer, the applicant, and |
|
any lienholder have canceled the sale; |
|
(3) a statement that the vehicle: |
|
(A) was never in the possession of the title |
|
applicant; or |
|
(B) was in the possession of the title applicant; |
|
and |
|
(4) the signatures of the dealer, the applicant, and |
|
any lienholder. |
|
(c) A rescission, cancellation, or revocation containing |
|
the statement authorized under Subsection (b)(3)(B) does not negate |
|
the fact that the vehicle has been the subject of a previous retail |
|
sale. |
|
SECTION 30. The heading to Section 501.052, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.052. HEARING ON REFUSAL TO ISSUE OR REVOCATION OR |
|
SUSPENSION OF [CERTIFICATE OF] TITLE; APPEAL. |
|
SECTION 31. Sections 501.052(a), (d), and (e), |
|
Transportation Code, are amended to read as follows: |
|
(a) An interested person aggrieved by a refusal, |
|
rescission, cancellation, suspension, or revocation under Section |
|
501.051 may apply for a hearing to the county assessor-collector |
|
for the county in which the person is a resident [domiciled]. On |
|
the day an assessor-collector receives the application, the |
|
assessor-collector shall notify the department of the date of the |
|
hearing. |
|
(d) A determination of the assessor-collector is binding on |
|
the applicant and the department as to whether the department |
|
correctly refused to issue or correctly rescinded, canceled, |
|
revoked, or suspended the [certificate of] title. |
|
(e) An applicant aggrieved by the determination under |
|
Subsection (d) may appeal to the county court of the county of the |
|
applicant's residence. An applicant must file an appeal not later |
|
than the fifth day after the date of the assessor-collector's |
|
determination. The county court judge shall try the appeal in the |
|
manner of other civil cases. All rights and immunities granted in |
|
the trial of a civil case are available to the interested parties. |
|
If the department's action is not sustained, the department shall |
|
promptly issue a [certificate of] title for the vehicle. |
|
SECTION 32. Section 501.053, Transportation Code, is |
|
amended by amending Subsections (a), (b), and (d) and adding |
|
Subsection (e) to read as follows: |
|
(a) As an alternative to the procedure provided by Section |
|
501.052, the person may file a bond with the department. On the |
|
filing of the bond the person [department] may obtain a [issue the
|
|
certificate of] title. |
|
(b) The bond must be: |
|
(1) in the manner [form] prescribed by the department; |
|
(2) executed by the applicant; |
|
(3) issued by a person authorized to conduct a surety |
|
business in this state; |
|
(4) in an amount equal to one and one-half times the |
|
value of the vehicle as determined by the department, which may set |
|
an appraisal system by rule if it is unable to determine that value; |
|
and |
|
(5) conditioned to indemnify all prior owners and |
|
lienholders and all subsequent purchasers of the vehicle or persons |
|
who acquire a security interest in the vehicle, and their |
|
successors in interest, against any expense, loss, or damage, |
|
including reasonable attorney's fees, occurring because of the |
|
issuance of the [certificate of] title for the vehicle or for a |
|
defect in or undisclosed security interest on the right, title, or |
|
interest of the applicant to the vehicle. |
|
(d) A bond under this section expires on the third |
|
anniversary of the date the bond became effective. [The department
|
|
shall return an expired bond to the person who filed the bond unless
|
|
the department has been notified of a pending action to recover on
|
|
the bond.] |
|
(e) The board by rule may establish a fee to cover the cost |
|
of administering this section. |
|
SECTION 33. Section 501.071, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.071. SALE OF VEHICLE; TRANSFER OF TITLE. (a) |
|
Except as provided in Section 503.039, a motor vehicle may not be |
|
the subject of a subsequent sale unless the owner designated on [in] |
|
the [certificate of] title submits a transfer of ownership of |
|
[transfers] the [certificate of] title [at the time of the sale]. |
|
(b) The transfer of the [certificate of] title must be in |
|
[on] a manner [form] prescribed by the department that [includes a
|
|
statement that]: |
|
(1) certifies the purchaser [signer] is the owner of |
|
the vehicle; and |
|
(2) certifies there are no liens on the vehicle or |
|
provides a release of each lien [except as shown] on the vehicle |
|
[certificate of title or as fully described in the statement]. |
|
SECTION 34. Section 520.022, Transportation Code, is |
|
transferred to Subchapter D, Chapter 501, Transportation Code, |
|
redesignated as Section 501.0721, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.0721 [520.022]. DELIVERY OF RECEIPT AND TITLE TO |
|
PURCHASER OF USED MOTOR VEHICLE [TRANSFEREE; PENALTY]. [(a)] A |
|
person, whether acting for that person or another, who sells, |
|
trades, or otherwise transfers a used motor vehicle shall deliver |
|
to the purchaser [transferee] at the time of delivery of the vehicle |
|
[:
|
|
[(1)
the license receipt issued by the department for
|
|
registration of the vehicle, if the vehicle was required to be
|
|
registered at the time of the delivery; and
|
|
[(2)] a properly assigned [certificate of] title or |
|
other evidence of title as required under this chapter [Chapter
|
|
501]. |
|
[(b)
A person commits an offense if the person violates this
|
|
section. An offense under this subsection is a misdemeanor
|
|
punishable by a fine not to exceed $200.] |
|
SECTION 35. Sections 501.074(a), (b), and (c), |
|
Transportation Code, are amended to read as follows: |
|
(a) The department shall issue a new [certificate of] title |
|
for a motor vehicle registered in this state for which the ownership |
|
is transferred by operation of law [, including by inheritance,
|
|
devise or bequest, bankruptcy, receivership, judicial sale,] or |
|
other involuntary divestiture of ownership after receiving: |
|
(1) a certified copy of an [the] order appointing a |
|
temporary administrator or of the probate proceedings; |
|
(2) letters testamentary or letters of |
|
administration; |
|
(3) if administration of an estate is not necessary, |
|
an affidavit showing that administration is not necessary, |
|
identifying all heirs, and including a statement by the heirs of the |
|
name in which the certificate shall be issued; |
|
(4) a court order; or |
|
(5) the bill of sale from an officer making a judicial |
|
sale. |
|
(b) If a lien is foreclosed by nonjudicial means, the |
|
department may issue a new [certificate of] title in the name of the |
|
purchaser at the foreclosure sale on receiving the affidavit of the |
|
lienholder of the fact of the nonjudicial foreclosure. |
|
(c) If a constitutional or statutory lien is foreclosed, the |
|
department may issue a new [certificate of] title in the name of the |
|
purchaser at the foreclosure sale on receiving: |
|
(1) the affidavit of the lienholder of the fact of the |
|
creation of the lien and of the divestiture of title according to |
|
law; and |
|
(2) proof of notice as required by Sections 70.004 and |
|
70.006, Property Code. |
|
SECTION 36. Section 501.076(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The person named as the agent in the limited power of |
|
attorney must meet the following requirements: |
|
(1) the person may be a person who has been appointed |
|
by the commissioners [commissioner's] court as a deputy to perform |
|
vehicle registration functions under Section 520.0091 [502.112], a |
|
licensed [license] vehicle auction company holding a wholesale |
|
general distinguishing number under Section 503.022, a person who |
|
has a permit similar to one of the foregoing that is issued by the |
|
state in which the owner is located, or another person authorized by |
|
law to execute title documents in the state in which the owner |
|
executes the documents; and |
|
(2) the person may not be the transferee or an employee |
|
of the transferee. The person may not act as the agent of both the |
|
transferor and transferee in the transaction. For the purposes of |
|
this section, a person is not the agent of both the transferor and |
|
transferee in a transaction unless the person has the authority to |
|
sign the documents pertaining to the transfer of title on behalf of |
|
both the transferor and the transferee. |
|
SECTION 37. Section 501.091, Transportation Code, is |
|
amended by amending Subdivisions (2), (3), (6), (7), (8), (9), |
|
(10), (12), (14), (15), (16), (17), and (18) and adding |
|
Subdivisions (10-a) and (16-a) to read as follows: |
|
(2) "Casual sale" means the sale by a salvage vehicle |
|
dealer or an insurance company of five or fewer [not more than five] |
|
nonrepairable motor vehicles or salvage motor vehicles to the same |
|
person during a calendar year, but [. The term] does not include: |
|
(A) a sale at auction to a salvage vehicle |
|
dealer; [or] |
|
(B) a sale to an insurance company, out-of-state |
|
buyer, or governmental entity; or |
|
(C) the sale of an export-only motor vehicle to a |
|
person who is not a resident of the United States. |
|
(3) "Damage" means sudden damage to a motor vehicle |
|
caused by the motor vehicle being wrecked, burned, flooded, or |
|
stripped of major component parts. The term does not include: |
|
(A) gradual damage from any cause; |
|
(B) [,] sudden damage caused by hail; |
|
(C) [, or] any damage caused only to the exterior |
|
paint of the motor vehicle; or |
|
(D) theft, unless the motor vehicle was damaged |
|
during the theft and before recovery. |
|
(6) "Major component part" means one of the following |
|
parts of a motor vehicle: |
|
(A) the engine; |
|
(B) the transmission; |
|
(C) the frame; |
|
(D) a fender; |
|
(E) the hood; |
|
(F) a door allowing entrance to or egress from |
|
the passenger compartment of the motor vehicle; |
|
(G) a bumper; |
|
(H) a quarter panel; |
|
(I) a deck lid, tailgate, or hatchback; |
|
(J) the cargo box of a vehicle with a gross |
|
vehicle weight of 10,000 pounds or less [one-ton or smaller truck], |
|
including a pickup truck; |
|
(K) the cab of a truck; |
|
(L) the body of a passenger motor vehicle; |
|
(M) the roof or floor pan of a passenger motor |
|
vehicle, if separate from the body of the motor vehicle. |
|
(7) "Metal recycler" means a person who: |
|
(A) is [predominately] engaged in the business of |
|
obtaining, converting, or selling ferrous or nonferrous metal [that
|
|
has served its original economic purpose to convert the metal, or
|
|
sell the metal] for conversion[,] into raw material products |
|
consisting of prepared grades and having an existing or potential |
|
economic value; |
|
(B) has a facility to convert ferrous or |
|
nonferrous metal into raw material products [consisting of prepared
|
|
grades and having an existing or potential economic value,] by |
|
method other than the exclusive use of hand tools, including the |
|
processing, sorting, cutting, classifying, cleaning, baling, |
|
wrapping, shredding, shearing, or changing the physical form or |
|
chemical content of the metal; and |
|
(C) sells or purchases the ferrous or nonferrous |
|
metal solely for use as raw material in the production of new |
|
products. |
|
(8) "Motor vehicle" has the meaning assigned by |
|
Section 501.002 [501.002(14)]. |
|
(9) "Nonrepairable motor vehicle" means a motor |
|
vehicle that: |
|
(A) is damaged, wrecked, or burned to the extent |
|
that the only residual value of the vehicle is as a source of parts |
|
or scrap metal; or |
|
(B) comes into this state under a comparable |
|
[title or other] ownership document that indicates that the vehicle |
|
is nonrepairable [, junked, or for parts or dismantling only]. |
|
(10) "Nonrepairable vehicle title" means a printed |
|
document issued by the department that evidences ownership of a |
|
nonrepairable motor vehicle. |
|
(10-a) "Nonrepairable record of title" means an |
|
electronic record of ownership of a nonrepairable motor vehicle. |
|
(12) "Out-of-state ownership document" means a |
|
negotiable document issued by another state or jurisdiction that |
|
the department considers sufficient to prove ownership of a |
|
nonrepairable motor vehicle or salvage motor vehicle and to support |
|
the issuance of a comparable Texas [certificate of] title for the |
|
motor vehicle. The term does not include any [a] title or |
|
certificate issued by the department [, including a regular
|
|
certificate of title, a nonrepairable vehicle title, a salvage
|
|
vehicle title, a Texas Salvage Certificate, Certificate of
|
|
Authority to Demolish a Motor Vehicle, or another ownership
|
|
document issued by the department]. |
|
(14) "Rebuilder" means a person who acquires and |
|
repairs, rebuilds, or reconstructs for operation on a public |
|
highway, [three or] more than five salvage motor vehicles in a |
|
calendar year. |
|
(15) "Salvage motor vehicle" [:
|
|
[(A)] means a motor vehicle that: |
|
(A) [(i)] has damage to or is missing a major |
|
component part to the extent that the cost of repairs, including |
|
parts and labor other than the cost of materials and labor for |
|
repainting the motor vehicle and excluding sales tax on the total |
|
cost of repairs, exceeds the actual cash value of the motor vehicle |
|
immediately before the damage; or |
|
(B) [(ii) is damaged and that] comes into this |
|
state under an out-of-state salvage motor vehicle [certificate of] |
|
title or similar out-of-state ownership document [that states on
|
|
its face "accident damage," "flood damage," "inoperable,"
|
|
"rebuildable," "salvageable," or similar notation; and
|
|
[(B) does not include an out-of-state motor
|
|
vehicle with a "rebuilt," "prior salvage," "salvaged," or similar
|
|
notation, a nonrepairable motor vehicle, or a motor vehicle for
|
|
which an insurance company has paid a claim for:
|
|
[(i) the cost of repairing hail damage; or
|
|
[(ii) theft, unless the motor vehicle was
|
|
damaged during the theft and before recovery to the extent
|
|
described by Paragraph (A)(i)]. |
|
(16) "Salvage vehicle title" means a printed document |
|
issued by the department that evidences ownership of a salvage |
|
motor vehicle. |
|
(16-a) "Salvage record of title" means an electronic |
|
record of ownership of a salvage motor vehicle. |
|
(17) "Salvage vehicle dealer" means a person engaged |
|
in this state in the business of acquiring, selling, repairing, |
|
rebuilding, reconstructing, or otherwise dealing in nonrepairable |
|
motor vehicles, salvage motor vehicles, or, if incidental to a |
|
salvage motor vehicle dealer's primary business, used automotive |
|
parts regardless of whether the person holds a license issued by the |
|
department to engage in that business. The term does not include an |
|
unlicensed [a] person who: |
|
(A) casually repairs, rebuilds, or reconstructs |
|
not more [fewer] than five nonrepairable motor vehicles or salvage |
|
motor vehicles in the same calendar year [or, except as provided by
|
|
Paragraph (C), a used automotive parts recycler. The term includes
|
|
a person engaged in the business of:
|
|
[(A)
a salvage vehicle dealer, regardless of
|
|
whether the person holds a license issued by the department to
|
|
engage in that business]; |
|
(B) buys not more than five [dealing in] |
|
nonrepairable motor vehicles or salvage motor vehicles in the same |
|
calendar year; or |
|
(C) is a licensed used automotive parts recycler |
|
if the sale of repaired, rebuilt, or reconstructed nonrepairable |
|
motor vehicles or salvage motor vehicles is more than an incidental |
|
part of the used automotive parts recycler's business. |
|
(18) "Self-insured motor vehicle" means a motor |
|
vehicle for which the [evidence of ownership is a manufacturer's
|
|
certificate of origin or for which the department or another state
|
|
or jurisdiction has issued a regular certificate of title, is
|
|
self-insured by the] owner [, and is owned by an individual, a
|
|
business,] or a governmental entity assumes full financial |
|
responsibility for motor vehicle loss claims[,] without regard to |
|
the number of motor vehicles they own or operate. The term does not |
|
include a motor vehicle that is insured by an insurance company. |
|
SECTION 38. Section 501.098, Transportation Code, is |
|
redesignated as Section 501.09111, Transportation Code, and |
|
amended to read as follows: |
|
Sec. 501.09111 [501.098]. RIGHTS AND LIMITATIONS OF [HOLDER
|
|
OF] NONREPAIRABLE VEHICLE TITLE, NONREPAIRABLE RECORD OF TITLE, |
|
[OR] SALVAGE VEHICLE TITLE, OR SALVAGE RECORD OF TITLE. (a) A |
|
person who owns [holds] a nonrepairable [vehicle title for a] motor |
|
vehicle: |
|
(1) is entitled to possess, transport, dismantle, |
|
scrap, destroy, record a lien as provided for in Section |
|
501.097(a)(3)(A), and sell, transfer, or release ownership of the |
|
motor vehicle or a used part from the motor vehicle; and |
|
(2) may not: |
|
(A) operate or permit the operation of the motor |
|
vehicle on a public highway, in addition to any other requirement of |
|
law; |
|
(B) repair, rebuild, or reconstruct the motor |
|
vehicle; or |
|
(C) register the motor vehicle. |
|
(b) A person who holds a nonrepairable certificate of title |
|
issued prior to September 1, 2003,[:
|
|
[(1)] is entitled to the same rights listed in |
|
Subsection (a) and may [:
|
|
[(A)] repair, rebuild, or reconstruct the motor |
|
vehicle [;
|
|
[(B)
possess, transport, dismantle, scrap, or
|
|
destroy the motor vehicle; and
|
|
[(C)
sell, transfer, or release ownership of the
|
|
vehicle or a used part from the motor vehicle; and
|
|
[(2) may not:
|
|
[(A)
operate or permit the operation of the motor
|
|
vehicle on a public highway, in addition to any other requirement of
|
|
law; or
|
|
[(B) register the motor vehicle]. |
|
(c) A person who owns [holds] a salvage [vehicle title for
|
|
a] motor vehicle: |
|
(1) is entitled to possess, transport, dismantle, |
|
scrap, destroy, repair, rebuild, reconstruct, record a lien on, and |
|
sell, transfer, or release ownership of the motor vehicle or a used |
|
part from the motor vehicle; and |
|
(2) may not operate, register, or permit the operation |
|
of the motor vehicle on a public highway, in addition to any other |
|
requirement of law. |
|
SECTION 39. Section 501.103, Transportation Code, is |
|
redesignated as Section 501.09112, Transportation Code, and |
|
amended to read as follows: |
|
Sec. 501.09112 [501.103]. APPEARANCE [COLOR] OF |
|
NONREPAIRABLE VEHICLE TITLE OR SALVAGE VEHICLE TITLE. (a) The |
|
department's printed [department shall print a] nonrepairable |
|
vehicle title must[:
|
|
[(1)
in a color that distinguishes it from a regular
|
|
certificate of title or salvage vehicle title; and
|
|
[(2) so that it] clearly indicate [shows] that it is |
|
the negotiable ownership document for a nonrepairable motor |
|
vehicle. |
|
(b) A nonrepairable vehicle title must clearly indicate |
|
[state on its face] that the motor vehicle: |
|
(1) may not be: |
|
(A) issued a regular [certificate of] title; |
|
(B) registered in this state; or |
|
(C) repaired, rebuilt, or reconstructed; and |
|
(2) may be used only as a source for used parts or |
|
scrap metal. |
|
(c) The department's printed [department shall print a] |
|
salvage vehicle title must [:
|
|
[(A)
in a color that distinguishes it from a
|
|
regular certificate of title or nonrepairable vehicle title; and
|
|
[(B) so that each document] clearly show [shows] |
|
that it is the ownership document for a salvage motor vehicle. |
|
(d) A salvage vehicle title or a salvage record of title for |
|
a vehicle that is a salvage motor vehicle because of damage caused |
|
exclusively by flood must bear a notation [on its face] that the |
|
department considers appropriate. If the title for a motor vehicle |
|
reflects the notation required by this subsection, the owner may |
|
sell, transfer, or release the motor vehicle only as provided by |
|
this subchapter. |
|
(e) An electronic application for a nonrepairable vehicle |
|
title, nonrepairable record of title, salvage vehicle title, or |
|
salvage record of title must clearly advise the applicant of the |
|
same provisions required on a printed title. |
|
(f) A nonrepairable vehicle title, nonrepairable record of |
|
title, salvage vehicle title, or salvage record of title in the |
|
department's electronic database must include appropriate remarks |
|
so that the vehicle record clearly shows the status of the vehicle |
|
[(e)
The department may provide a stamp to a person who is a
|
|
licensed salvage vehicle dealer under Chapter 2302, Occupations
|
|
Code, to mark the face of a title under this subchapter. The
|
|
department shall provide the stamp to the person for a fee in the
|
|
amount determined by the department to be necessary for the
|
|
department to recover the cost of providing the stamp]. |
|
SECTION 40. Section 501.101, Transportation Code, is |
|
redesignated as Section 501.09113, Transportation Code, and |
|
amended to read as follows: |
|
Sec. 501.09113 [501.101]. OUT-OF-STATE SALVAGE OR REBUILT |
|
SALVAGE VEHICLE [ISSUANCE OF TITLE TO MOTOR VEHICLE BROUGHT INTO
|
|
STATE]. (a) This section applies only to a motor vehicle brought |
|
into this state from another state or jurisdiction that has on any |
|
[certificate of] title or comparable out-of-state ownership |
|
document issued by the other state or jurisdiction: |
|
(1) a "rebuilt," "salvage," or similar notation; or |
|
(2) a "nonrepairable," "dismantle only," "parts |
|
only," "junked," "scrapped," or similar notation. |
|
(b) On receipt of a complete application from the owner of |
|
the motor vehicle, the department shall issue the applicant the |
|
appropriate [certificate of] title for the motor vehicle. |
|
[(c)
A certificate of title issued under this section must
|
|
show on its face:
|
|
[(1) the date of issuance;
|
|
[(2) the name and address of the owner;
|
|
[(3)
any registration number assigned to the motor
|
|
vehicle; and
|
|
[(4)
a description of the motor vehicle or other
|
|
notation the department considers necessary or appropriate.] |
|
SECTION 41. The heading to Section 501.095, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.095. SALE, TRANSFER, OR RELEASE [OF NONREPAIRABLE
|
|
MOTOR VEHICLE OR SALVAGE MOTOR VEHICLE]. |
|
SECTION 42. Sections 501.095(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) If the department has not issued a nonrepairable vehicle |
|
title, nonrepairable record of title, [or] salvage vehicle title, |
|
or salvage record of title for the motor vehicle and a comparable |
|
[an] out-of-state ownership document for the motor vehicle has not |
|
been issued by another state or jurisdiction, a business or |
|
governmental entity described by Subdivisions (1)-(3) may sell, |
|
transfer, or release a nonrepairable motor vehicle or salvage motor |
|
vehicle only to a person who is: |
|
(1) a licensed salvage vehicle dealer, a used |
|
automotive parts recycler under Chapter 2309, Occupations Code, or |
|
a metal recycler under Chapter 2302, Occupations Code; |
|
(2) an insurance company that has paid a claim on the |
|
nonrepairable or salvage motor vehicle; or |
|
(3) a governmental entity[; or
|
|
[(4) an out-of-state buyer]. |
|
(b) An owner [A person], other than a salvage vehicle |
|
dealer, a used automotive parts recycler, or an insurance company |
|
licensed to do business in this state, who acquired ownership of a |
|
nonrepairable or salvage motor vehicle that has not been issued a |
|
nonrepairable vehicle title, nonrepairable record of title, |
|
salvage vehicle title, salvage record of title, or a comparable |
|
ownership document issued by another state or jurisdiction shall, |
|
before selling the motor vehicle, surrender the properly assigned |
|
[certificate of] title for the motor vehicle to the department and |
|
apply to the department for the appropriate ownership document[:
|
|
[(1)
a nonrepairable vehicle title if the vehicle is a
|
|
nonrepairable motor vehicle; or
|
|
[(2)
a salvage vehicle title if the vehicle is a
|
|
salvage motor vehicle]. |
|
SECTION 43. Section 501.097, Transportation Code, is |
|
amended by amending Subsections (a), (b), and (c) and adding |
|
Subsection (c-1) to read as follows: |
|
(a) An application for a nonrepairable vehicle title, |
|
nonrepairable record of title, [or] salvage vehicle title, or |
|
salvage record of title must: |
|
(1) be made in [on] a manner [form] prescribed by the |
|
department and accompanied by a $8 application fee; |
|
(2) include, in addition to any other information |
|
required by the department: |
|
(A) the name and current address of the owner; |
|
and |
|
(B) a description of the motor vehicle, including |
|
the make, style of body, model year, and vehicle identification |
|
number[; and
|
|
[(C)
a statement describing whether the motor
|
|
vehicle:
|
|
[(i)
was the subject of a total loss claim
|
|
paid by an insurance company under Section 501.092 or 501.093;
|
|
[(ii)
is a self-insured motor vehicle under
|
|
Section 501.094;
|
|
[(iii)
is an export-only motor vehicle
|
|
under Section 501.099; or
|
|
[(iv)
was sold, transferred, or released to
|
|
the owner or former owner of the motor vehicle or a buyer at a casual
|
|
sale]; and |
|
(3) include the name and address of: |
|
(A) any currently recorded lienholder, if the |
|
motor vehicle is a nonrepairable motor vehicle; or |
|
(B) any currently recorded lienholder or a new |
|
lienholder, if the motor vehicle is a salvage motor vehicle. |
|
(b) Except as provided by Sections 501.10015 and 501.10025, |
|
on [On] receipt of a complete application, the properly assigned |
|
title or manufacturer's certificate of origin, and the application |
|
fee, the department shall, before the sixth business day after the |
|
date the department receives the application, issue the applicant |
|
the appropriate title for the motor vehicle. |
|
(c) A printed nonrepairable vehicle title must state on its |
|
face that the motor vehicle: |
|
(1) may not: |
|
(A) be repaired, rebuilt, or reconstructed; |
|
(B) be issued a [regular certificate of] title or |
|
registered in this state; |
|
(C) be operated on a public highway, in addition |
|
to any other requirement of law; and |
|
(2) may only be used as a source for used parts or |
|
scrap metal. |
|
(c-1) The department's titling system must include a remark |
|
that clearly identifies the vehicle as a salvage or nonrepairable |
|
motor vehicle. |
|
SECTION 44. Sections 501.100(a), (b), (c), and (f), |
|
Transportation Code, are amended to read as follows: |
|
(a) A vehicle for which a nonrepairable certificate of title |
|
issued prior to September 1, 2003, or for which a salvage vehicle |
|
title or salvage record of title has been issued may obtain [be
|
|
issued] a [regular certificate of] title after the motor vehicle |
|
has been repaired, rebuilt, or reconstructed [by a person described
|
|
by Section 501.104(a)] and, in addition to any other requirement of |
|
law, only if the application [is accompanied by a separate form
|
|
that]: |
|
(1) describes each major component part used to repair |
|
the motor vehicle; |
|
(2) states the name of each person from whom the parts |
|
used in assembling the vehicle were obtained; and |
|
(3) [(2)] shows the identification number required by |
|
federal law to be affixed to or inscribed on the part. |
|
(b) On receipt of a complete application under this section |
|
accompanied by the [$13] fee for the [certificate of] title, the |
|
department shall issue the applicant a [regular certificate of] |
|
title [for the motor vehicle]. |
|
(c) A [regular certificate of] title issued under this |
|
section must [:
|
|
[(1)] describe or disclose the motor vehicle's former |
|
condition in a manner reasonably understandable to a potential |
|
purchaser of the motor vehicle [; and
|
|
[(2)
bear on its face the words "REBUILT SALVAGE" in
|
|
capital letters that:
|
|
[(A) are red;
|
|
[(B)
are centered on and occupy at least 15
|
|
percent of the face of the certificate of title; and
|
|
[(C)
do not prevent any other words on the title
|
|
from being read or copied]. |
|
(f) The department may not issue a regular [certificate of] |
|
title for a motor vehicle based on a: |
|
(1) nonrepairable vehicle title or comparable |
|
out-of-state ownership document; |
|
(2) receipt issued under Section 501.1003(b) |
|
[501.096(b)]; or |
|
(3) certificate of authority. |
|
SECTION 45. Section 501.092, Transportation Code, is |
|
redesignated as Section 501.1001, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.1001 [501.092]. [INSURANCE COMPANY TO SURRENDER
|
|
CERTIFICATES OF TITLE TO CERTAIN] SALVAGE MOTOR VEHICLES OR |
|
NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR |
|
SELF-INSURED PERSONS. (a) Except as provided by Section |
|
501.10015, an [An] insurance company that is licensed to conduct |
|
business in this state and that acquires, through payment of a |
|
claim, ownership or possession of a salvage motor vehicle or |
|
nonrepairable motor vehicle covered by a [certificate of] title |
|
issued by this state or a manufacturer's certificate of origin |
|
shall surrender a properly assigned title or manufacturer's |
|
certificate of origin to the department, in [on] a manner [form] |
|
prescribed by the department[, except that not earlier than the
|
|
46th day after the date of payment of the claim the insurance
|
|
company may surrender a certificate of title, on a form prescribed
|
|
by the department, and receive a salvage certificate of title or a
|
|
nonrepairable certificate of title without obtaining a properly
|
|
assigned certificate of title if the insurance company:
|
|
[(1)
has obtained the release of all liens on the motor
|
|
vehicle;
|
|
[(2)
is unable to locate one or more owners of the
|
|
motor vehicle; and
|
|
[(3)
has provided notice to the last known address in
|
|
the department's records to each owner that has not been located:
|
|
[(A)
by registered or certified mail, return
|
|
receipt requested; or
|
|
[(B)
if a notice sent under Paragraph (A) is
|
|
returned unclaimed, by publication in a newspaper of general
|
|
circulation in the area where the unclaimed mail notice was sent]. |
|
(b) For a salvage motor vehicle, the insurance company shall |
|
apply for a salvage vehicle title or salvage record of title. For a |
|
nonrepairable motor vehicle, the insurance company shall apply for |
|
a nonrepairable vehicle title or nonrepairable record of title. |
|
(c) [An insurance company may not sell a motor vehicle to
|
|
which this section applies unless the department has issued a
|
|
salvage vehicle title or a nonrepairable vehicle title for the
|
|
motor vehicle or a comparable ownership document has been issued by
|
|
another state or jurisdiction for the motor vehicle.
|
|
[(d)
An insurance company may sell a motor vehicle to which
|
|
this section applies, or assign a salvage vehicle title or a
|
|
nonrepairable vehicle title for the motor vehicle, only to a
|
|
salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
|
|
sale at auction, a metal recycler, or a used automotive parts
|
|
recycler. If the motor vehicle is not a salvage motor vehicle or a
|
|
nonrepairable motor vehicle, the insurance company is not required
|
|
to surrender the regular certificate of title for the vehicle or to
|
|
be issued a salvage vehicle title or a nonrepairable vehicle title
|
|
for the motor vehicle.
|
|
[(e)] An insurance company or other person who acquires |
|
ownership of a motor vehicle other than a nonrepairable or salvage |
|
motor vehicle may voluntarily and on proper application obtain a |
|
salvage vehicle title, salvage record of title, [or a] |
|
nonrepairable vehicle title, or nonrepairable record of title for |
|
the vehicle. |
|
(d) This subsection applies only to a motor vehicle in this |
|
state that is a self-insured motor vehicle and that is damaged to |
|
the extent it becomes a nonrepairable or salvage motor vehicle. The |
|
owner of a motor vehicle to which this subsection applies shall |
|
submit to the department before the 31st business day after the date |
|
of the damage, in a manner prescribed by the department, a statement |
|
that the motor vehicle was self-insured and damaged. When the owner |
|
submits a report, the owner shall surrender the ownership document |
|
and apply for a nonrepairable vehicle title, nonrepairable record |
|
of title, salvage vehicle title, or salvage record of title. |
|
SECTION 46. Subchapter E, Chapter 501, Transportation Code, |
|
is amended by adding Sections 501.10015 and 501.10025 to read as |
|
follows: |
|
Sec. 501.10015. INSURANCE COMPANY NOT REQUIRED TO SURRENDER |
|
CERTIFICATES OF TITLE IN CERTAIN SITUATIONS. (a) An insurance |
|
company that acquires, through payment of a claim, ownership or |
|
possession of a motor vehicle covered by a certificate of title that |
|
the company is unable to obtain may obtain from the department not |
|
earlier than the 30th day after the date of payment of the claim: |
|
(1) a salvage vehicle title or salvage record of title |
|
for a salvage motor vehicle; |
|
(2) a nonrepairable vehicle title or nonrepairable |
|
record of title for a nonrepairable motor vehicle; or |
|
(3) a title for a motor vehicle other than a salvage |
|
motor vehicle or a nonrepairable motor vehicle. |
|
(b) An application for a title under Subsection (a) must be |
|
submitted to the department on a form prescribed by the department |
|
and include: |
|
(1) a statement that the insurance company has |
|
provided at least two written notices attempting to obtain the |
|
title for the motor vehicle; and |
|
(2) evidence acceptable to the department that the |
|
insurance company has made payment of a claim involving the motor |
|
vehicle. |
|
(c) An insurance company that acquires, through payment of a |
|
claim, ownership or possession of a motor vehicle covered by a title |
|
for which the company is unable to obtain proper assignment of the |
|
title may obtain from the department not earlier than the 30th day |
|
after the date of payment of the claim: |
|
(1) a salvage vehicle title or salvage record of title |
|
for a salvage motor vehicle; |
|
(2) a nonrepairable vehicle title or nonrepairable |
|
record of title for a nonrepairable motor vehicle; or |
|
(3) a title for a motor vehicle other than a salvage |
|
motor vehicle or a nonrepairable motor vehicle. |
|
(d) An application for a title under Subsection (c) must be |
|
submitted to the department on a form prescribed by the department |
|
and include: |
|
(1) a statement that the insurance company has |
|
provided at least two written notices attempting to obtain a proper |
|
assignment of the title; and |
|
(2) the title. |
|
(e) A title issued under Subsection (a) or (c) must be |
|
issued in the name of the insurance company. |
|
(f) An insurance company that acquires, through payment of a |
|
claim, ownership or possession of a salvage motor vehicle or |
|
nonrepairable motor vehicle covered by an out-of-state ownership |
|
document may obtain from the department a salvage vehicle title, |
|
salvage record of title, nonrepairable vehicle title, or |
|
nonrepairable record of title if: |
|
(1) the motor vehicle was damaged, stolen, or |
|
recovered in this state; |
|
(2) the motor vehicle owner from whom the company |
|
acquired ownership resides in this state; or |
|
(3) otherwise allowed by department rule. |
|
(g) A title may be issued under Subsection (f) if the |
|
insurance company: |
|
(1) surrenders a properly assigned title on a form |
|
prescribed by the department; or |
|
(2) complies with the application process for a title |
|
issued under Subsection (a) or (c). |
|
(h) The department shall issue the appropriate title to a |
|
person authorized to apply for the title under this section if the |
|
department determines that the application is complete and complies |
|
with applicable law. |
|
(i) The department by rule may provide that a person |
|
required by this section to provide notice may provide the notice |
|
electronically, including through the use of e-mail or an |
|
interactive website established by the department for that purpose. |
|
(j) Sections 501.1001(c) and 501.095 apply to a motor |
|
vehicle acquired by an insurance company as described in Subsection |
|
(a), (c), or (f). |
|
(k) The department may adopt rules to implement this |
|
section. |
|
Sec. 501.10025. ISSUANCE OF TITLE TO SALVAGE POOL OPERATOR. |
|
(a) In this section, "salvage pool operator" has the meaning |
|
assigned by Section 2302.001, Occupations Code. |
|
(b) This section applies only to a salvage pool operator |
|
who, on request of an insurance company, takes possession of a motor |
|
vehicle that is the subject of an insurance claim and the insurance |
|
company subsequently: |
|
(1) denies coverage with respect to the motor vehicle; |
|
or |
|
(2) does not otherwise take ownership of the motor |
|
vehicle. |
|
(b-1) An insurance company described by Subsection (b) |
|
shall notify the salvage pool operator of the denial of the claim |
|
regarding the motor vehicle or other disposition of the motor |
|
vehicle. The insurance company must include in the notice the name |
|
and address of the owner of the motor vehicle and the lienholder, if |
|
any. |
|
(c) Before the 31st day after receiving notice under |
|
Subsection (b-1), a salvage pool operator shall notify the owner of |
|
the motor vehicle and any lienholder that: |
|
(1) the owner or lienholder must remove the motor |
|
vehicle from the salvage pool operator's possession at the location |
|
specified in the notice to the owner and any lienholder not later |
|
than the 30th day after the date the notice is mailed; and |
|
(2) if the motor vehicle is not removed within the time |
|
specified in the notice, the salvage pool operator will sell the |
|
motor vehicle and retain from the proceeds any costs actually |
|
incurred by the operator in obtaining, handling, and disposing of |
|
the motor vehicle as described by Subsection (d). |
|
(d) The salvage pool operator may include in the costs |
|
described by Subsection (c)(2) only costs actually incurred by the |
|
salvage pool operator that have not been reimbursed by a third party |
|
or are not subject to being reimbursed by a third party, such as |
|
costs of notices, title searches, and towing and other costs |
|
incurred with respect to the motor vehicle. The costs described by |
|
Subsection (c)(2): |
|
(1) may not include charges for storage or impoundment |
|
of the motor vehicle; and |
|
(2) may be deducted only from the proceeds of a sale of |
|
the motor vehicle. |
|
(e) The notice required of a salvage pool operator under |
|
this section must be sent by registered or certified mail, return |
|
receipt requested. |
|
(f) If a motor vehicle is not removed from a salvage pool |
|
operator's possession before the 31st day after the date notice is |
|
mailed to the motor vehicle's owner and any lienholder under |
|
Subsection (c), the salvage pool operator may obtain from the |
|
department: |
|
(1) a salvage vehicle title or salvage record of title |
|
for a salvage motor vehicle; or |
|
(2) a nonrepairable vehicle title or nonrepairable |
|
record of title for a nonrepairable motor vehicle. |
|
(g) An application for a title under Subsection (f) must: |
|
(1) be submitted to the department on a form |
|
prescribed by the department; and |
|
(2) include evidence that the notice was mailed as |
|
required by Subsection (c) to the motor vehicle owner and any |
|
lienholder. |
|
(h) A title issued under this section must be issued in the |
|
name of the salvage pool operator. |
|
(i) The department shall issue the appropriate title to a |
|
person authorized to apply for the title under this section if the |
|
department determines that the application is complete and complies |
|
with applicable law. |
|
(j) On receipt of a title under this section, the salvage |
|
pool operator shall sell the motor vehicle and retain from the |
|
proceeds of the sale the costs incurred by the salvage pool operator |
|
as permitted by Subsection (d) along with the cost of titling and |
|
selling the motor vehicle. The salvage pool operator shall pay any |
|
excess proceeds from the sale to the previous owner of the motor |
|
vehicle and the lienholder, if any. The excess proceeds must be |
|
mailed to the lienholder. |
|
(k) If the previous owner of the motor vehicle and the |
|
lienholder, if any, cannot be identified or located, any excess |
|
proceeds from the sale of the motor vehicle under Subsection (j) |
|
shall escheat to the State of Texas. The proceeds shall be |
|
administered by the comptroller and shall be disposed of in the |
|
manner provided by Chapter 74, Property Code. |
|
SECTION 47. Section 501.093, Transportation Code, is |
|
redesignated as Section 501.1002, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.1002 [501.093]. OWNER-RETAINED [INSURANCE COMPANY
|
|
REPORT ON CERTAIN] VEHICLES. (a) If an insurance company pays a |
|
claim on a nonrepairable motor vehicle or salvage motor vehicle and |
|
the insurance company does not acquire ownership of the motor |
|
vehicle, the insurance company shall: |
|
(1) apply on behalf of the owner for a nonrepairable |
|
vehicle title, nonrepairable record of title, salvage vehicle |
|
title, or salvage record of title; or |
|
(2) notify the owner of the information contained in: |
|
(A) Subsection (b); or |
|
(B) Section 501.09111; and |
|
(3) submit to the department, before the 31st day |
|
after the date of the payment of the claim, in a manner [on the
|
|
form] prescribed by the department, a report stating that the |
|
insurance company: |
|
(A) [(1)] has paid a claim on the motor vehicle; |
|
and |
|
(B) [(2)] has not acquired ownership of the motor |
|
vehicle. |
|
(b) The owner of a motor vehicle to which this section |
|
applies may not operate or permit operation of the motor vehicle on |
|
a public highway or transfer ownership of the motor vehicle by sale |
|
or otherwise unless the department has issued a salvage vehicle |
|
title, salvage record of title, [or a] nonrepairable vehicle title, |
|
or nonrepairable record of title for the motor vehicle or a |
|
comparable ownership document has been issued by another state or |
|
jurisdiction for the motor vehicle. |
|
[(c) Subsection (b) does not apply if:
|
|
[(1)
the department has issued a nonrepairable vehicle
|
|
title or salvage vehicle title for the motor vehicle; or
|
|
[(2)
another state or jurisdiction has issued a
|
|
comparable out-of-state ownership document for the motor vehicle.] |
|
SECTION 48. Section 501.096, Transportation Code, is |
|
redesignated as Section 501.1003, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.1003 [501.096]. [NONREPAIRABLE MOTOR VEHICLE OR] |
|
SALVAGE DEALER RESPONSIBILITIES [MOTOR VEHICLE DISMANTLED,
|
|
SCRAPPED, OR DESTROYED]. (a) If a salvage vehicle dealer acquires |
|
ownership of a nonrepairable motor vehicle or salvage motor vehicle |
|
for the purpose of dismantling, scrapping, or destroying the motor |
|
vehicle, the dealer shall, before the 31st day after the date the |
|
dealer acquires the motor vehicle, submit to the department a |
|
report stating that the motor vehicle will be dismantled, scrapped, |
|
or destroyed. The dealer shall: |
|
(1) make the report in a manner [on a form] prescribed |
|
by the department; and |
|
(2) submit with the report a properly assigned |
|
manufacturer's certificate of origin, regular certificate of |
|
title, nonrepairable vehicle title, salvage vehicle title, or |
|
comparable out-of-state ownership document for the motor vehicle. |
|
(b) After receiving the report and title or document, the |
|
department shall issue the salvage vehicle dealer a receipt for the |
|
manufacturer's certificate of origin, regular certificate of |
|
title, nonrepairable vehicle title, salvage vehicle title, or |
|
comparable out-of-state ownership document. |
|
(c) The department shall adopt rules to notify the salvage |
|
[vehicle] dealer if the vehicle was not issued a printed title, but |
|
has a record of title in the department's titling system [shall:
|
|
[(1)
keep on the business premises of the dealer,
|
|
until the third anniversary of the date the report on the motor
|
|
vehicle is submitted to the department, a record of the vehicle, its
|
|
ownership, and its condition as dismantled, scrapped, or destroyed;
|
|
and
|
|
[(2)
present to the department, on the form prescribed
|
|
by the department, evidence that the motor vehicle was dismantled,
|
|
scrapped, or destroyed before the 61st day after the date the dealer
|
|
completed the dismantling, scrapping, or destruction of the motor
|
|
vehicle]. |
|
SECTION 49. Section 501.104, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.104. REBUILDER TO POSSESS TITLE OR OTHER |
|
DOCUMENTATION. (a) This section applies [only] to [:
|
|
[(1) a rebuilder licensed as a salvage vehicle dealer;
|
|
[(2)] a person engaged in repairing, rebuilding, or |
|
reconstructing more than five motor vehicles [the business of a
|
|
rebuilder], regardless of whether the person is licensed to engage |
|
in that business [; or
|
|
[(3)
a person engaged in the casual repair,
|
|
rebuilding, or reconstruction of fewer than three motor vehicles in
|
|
the same 12-month period]. |
|
(b) A person described by Subsection (a) must possess: |
|
(1) an acceptable [a regular certificate of title,
|
|
nonrepairable vehicle title, salvage vehicle title, or comparable
|
|
out-of-state] ownership document or proof of ownership for any |
|
motor vehicle that is: |
|
(A) owned by the person; |
|
(B) in the person's inventory; and |
|
(C) being offered for resale; or |
|
(2) a contract entered into with the owner, a work |
|
order, or another document that shows the authority for the person |
|
to possess any motor vehicle that is: |
|
(A) owned by another person; |
|
(B) on the person's business or casual premises; |
|
and |
|
(C) being repaired, rebuilt, or reconstructed |
|
for the other person. |
|
SECTION 50. Section 501.105, Transportation Code, is |
|
redesignated as Section 501.108, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.108 [501.105]. RECORD RETENTION [OF RECORDS
|
|
RELATING TO CERTAIN CASUAL SALES]. (a) Each licensed salvage |
|
vehicle dealer, used automotive parts recycler, or insurance |
|
company that sells a nonrepairable motor vehicle or a salvage motor |
|
vehicle at a casual sale shall keep on the business premises of the |
|
dealer or the insurance company a list of all casual sales made |
|
during the preceding 36-month period that contains: |
|
(1) the date of the sale; |
|
(2) the name of the purchaser; |
|
(3) the name of the jurisdiction that issued the |
|
identification document provided by the purchaser, as shown on the |
|
document; and |
|
(4) the vehicle identification number. |
|
(b) A salvage vehicle dealer or used automotive parts |
|
recycler shall keep on the business premises of the dealer or |
|
recycler, until the third anniversary of the date the report on the |
|
motor vehicle is submitted to the department, a record of the |
|
vehicle, its ownership, and its condition as dismantled, scrapped, |
|
or destroyed as required by Section 501.1003. |
|
SECTION 51. (a) Section 501.102, Transportation Code, is |
|
redesignated as Section 501.109, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.109 [501.102]. OFFENSES. (a) A person commits an |
|
offense if the person: |
|
(1) applies to the department for a [regular
|
|
certificate of] title for a motor vehicle; and |
|
(2) knows or reasonably should know that: |
|
(A) the vehicle is a nonrepairable motor vehicle |
|
that has been repaired, rebuilt, or reconstructed; |
|
(B) the vehicle identification number assigned |
|
to the motor vehicle belongs to a nonrepairable motor vehicle that |
|
has been repaired, rebuilt, or reconstructed; |
|
(C) the title issued to the motor vehicle belongs |
|
to a nonrepairable motor vehicle that has been repaired, rebuilt, |
|
or reconstructed; |
|
(D) the vehicle identification number assigned |
|
to the motor vehicle belongs to an export-only motor vehicle; |
|
(E) the motor vehicle is an export-only motor |
|
vehicle; or |
|
(F) the motor vehicle is a nonrepairable motor |
|
vehicle or salvage motor vehicle for which a nonrepairable vehicle |
|
title, salvage vehicle title, or comparable ownership document |
|
issued by another state or jurisdiction has not been issued. |
|
(b) A person commits an offense if the person knowingly |
|
sells, transfers, or releases a salvage motor vehicle in violation |
|
of this subchapter. |
|
(c) A person commits an offense if the person knowingly |
|
fails or refuses to surrender a regular certificate of title after |
|
the person: |
|
(1) receives a notice from an insurance company that |
|
the motor vehicle is a nonrepairable or salvage motor vehicle; or |
|
(2) knows the vehicle has become a nonrepairable motor |
|
vehicle or salvage motor vehicle under Section 501.1001 [501.094]. |
|
(d) Except as provided by Subsection (e), an offense under |
|
this section is a Class C misdemeanor. |
|
(e) If it is shown on the trial of an offense under this |
|
section that the defendant has been previously convicted of: |
|
(1) one offense under this section, the offense is a |
|
Class B misdemeanor; or |
|
(2) two or more offenses under this section, the |
|
offense is a state jail felony. |
|
(f) Subsection (c) does not apply to an applicant for a |
|
title under Sections 501.10015 and 501.10025. |
|
(b) The change in law made by this section applies only to an |
|
offense committed on or after the effective date of this Act. An |
|
offense committed before the effective date of this Act is governed |
|
by the law in effect on the date the offense was committed, and the |
|
former law is continued in effect for that purpose. For purposes of |
|
this subsection, an offense was committed before the effective date |
|
of this Act if any element of the offense occurred before that date. |
|
SECTION 52. Section 501.106, Transportation Code, is |
|
redesignated as Section 501.110, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.110 [501.106]. ENFORCEMENT OF SUBCHAPTER. (a) |
|
This subchapter shall be enforced by the department and any other |
|
governmental or law enforcement entity, including the Department of |
|
Public Safety, and the personnel of the entity as provided by this |
|
subchapter. |
|
(b) The department, an agent, officer, or employee of the |
|
department, or another person enforcing this subchapter is not |
|
liable to a person damaged or injured by an act or omission relating |
|
to the issuance or revocation of a [regular certificate of] title, |
|
nonrepairable vehicle title, nonrepairable record of title, [or] |
|
salvage vehicle title, or salvage record of title under this |
|
subchapter. |
|
SECTION 53. Section 501.111(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b), a person may |
|
perfect a security interest in a motor vehicle that is the subject |
|
of a first or subsequent sale only by recording the security |
|
interest on the [certificate of] title as provided by this chapter. |
|
SECTION 54. Section 501.113, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.113. RECORDATION OF SECURITY INTEREST. (a) |
|
Recordation of a lien under this chapter is considered to occur |
|
when: |
|
(1) the department's titling system is updated; or |
|
(2) the county assessor-collector [:
|
|
[(1)
is presented with an application for a
|
|
certificate of title that discloses the lien with tender of the
|
|
filing fee; or
|
|
[(2)] accepts the application of title that discloses |
|
the lien with the filing fee. |
|
(b) For purposes of Chapter 9, Business & Commerce Code, the |
|
time of recording a lien under this chapter is considered to be the |
|
time of filing the security interest, and on such recordation, the |
|
recorded lienholder and assignees under Section 501.114 obtain |
|
priority over the rights of a lien creditor, as defined by Section |
|
9.102, Business & Commerce Code, for so long as the lien is recorded |
|
on the [certificate of] title. |
|
SECTION 55. Sections 501.114(b), (d), (e), (f), and (g), |
|
Transportation Code, are amended to read as follows: |
|
(b) An assignee or assignor may, but need not to retain the |
|
validity, perfection, and priority of the lien assigned, as |
|
evidence of the assignment of a lien recorded under Section |
|
501.113: |
|
(1) apply to the county assessor-collector for the |
|
assignee to be named as lienholder on the [certificate of] title; |
|
and |
|
(2) notify the debtor of the assignment. |
|
(d) An application under Subsection (b) must be |
|
acknowledged[:
|
|
[(1) signed] by the assignee[; and
|
|
[(2) accompanied by:
|
|
[(A) the applicable fee;
|
|
[(B)
a copy of the assignment agreement executed
|
|
by the parties; and
|
|
[(C)
the certificate of title on which the lien
|
|
to be assigned is recorded]. |
|
(e) On receipt of the completed application and fee, the |
|
department may: |
|
(1) [may] amend the department's records to substitute |
|
the assignee for the recorded lienholder; and |
|
(2) [shall] issue a new [certificate of] title as |
|
provided by this chapter [Section 501.027]. |
|
(f) The issuance of a [certificate of] title under |
|
Subsection (e) is recordation of the assignment. |
|
(g) Regardless of whether application is made for the |
|
assignee to be named as lienholder on the [certificate of] title, |
|
the time of the recordation of a lien assigned under this section is |
|
considered to be the time the lien was initially recorded under |
|
Section 501.113. |
|
SECTION 56. Section 501.115, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.115. DISCHARGE OF LIEN. (a) When a debt or claim |
|
secured by a lien has been satisfied, the lienholder shall, within a |
|
reasonable time not to exceed the maximum time allowed by Section |
|
348.408, Finance Code, execute and deliver to the owner, or the |
|
owner's designee, a discharge of the lien in [on] a manner [form] |
|
prescribed by the department. |
|
(b) The owner may submit [present] the discharge and |
|
[certificate of] title to the department for [county
|
|
assessor-collector with an application for a new certificate of
|
|
title and the department shall issue] a new [certificate of] title. |
|
SECTION 57. Section 501.116, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.116. CANCELLATION OF DISCHARGED LIEN. The |
|
department may cancel a discharged lien that has been recorded on a |
|
[certificate of] title for 10 [six] years or more if the recorded |
|
lienholder: |
|
(1) does not exist; or |
|
(2) cannot be located for the owner to obtain a release |
|
of the lien. |
|
SECTION 58. Section 501.117, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsections (d), |
|
(d-1), (d-2), (e), and (f) to read as follows: |
|
(a) The department by rule shall develop a system under |
|
which a security interest in a motor vehicle may be perfected, |
|
assigned, discharged, and canceled electronically instead of by |
|
record maintained on a certificate of title. The department may |
|
establish categories of lienholders that may participate in the |
|
system and, except as provided by this section, may require a |
|
lienholder to participate in the system [Participation by a
|
|
lienholder in the system is voluntary]. |
|
(d) The department may not require a depository |
|
institution, as defined by Section 180.002, Finance Code, to |
|
participate in the system if the department has issued fewer than |
|
100 notifications of security interests in motor vehicles to the |
|
depository institution during a calendar year. |
|
(d-1) The department may not require a depository |
|
institution, as defined by Section 180.002, Finance Code, to |
|
participate in the system: |
|
(1) during 2011, if the department issues fewer than |
|
200 notifications of security interests in motor vehicles to the |
|
depository institution between September 1, 2011, and December 31, |
|
2011; and |
|
(2) during 2012, if the depository institution was |
|
exempt under Subdivision (1) and the department issues fewer than |
|
200 notifications of security interests in motor vehicles to the |
|
depository institution in 2012. |
|
(d-2) This subsection and Subsection (d-1) expire January |
|
1, 2013. |
|
(e) The department by rule shall establish a reasonable |
|
schedule for compliance with the requirements of Subsection (a) for |
|
each category of lienholder that the department requires to |
|
participate in the system. |
|
(f) The department may not: |
|
(1) prohibit a lienholder from using an intermediary |
|
to access the system; or |
|
(2) require a lienholder to use an intermediary to |
|
access the system. |
|
SECTION 59. Sections 501.134(a), (b), (c), (d), and (g), |
|
Transportation Code, are amended to read as follows: |
|
(a) If a printed [certificate of] title is lost or |
|
destroyed, the owner or lienholder disclosed on the title |
|
[certificate] may obtain, in the manner provided by this section |
|
and department rule, a certified copy of the lost or destroyed |
|
[certificate of] title directly from the department by applying in |
|
[on] a manner [form] prescribed by the department and paying a fee |
|
of $2. A fee collected under this subsection shall be deposited to |
|
the credit of the state highway fund and may be spent only as |
|
provided by Section 501.138. |
|
(b) If a lien is disclosed on a [certificate of] title, the |
|
department may issue a certified copy of the original [certificate
|
|
of] title only to the first lienholder or the lienholder's verified |
|
agent. |
|
(c) The department must plainly mark "certified copy" on the |
|
face of a certified copy issued under this section [, and each
|
|
subsequent certificate issued for the motor vehicle until the
|
|
vehicle is transferred]. A subsequent purchaser or lienholder of |
|
the vehicle only acquires the rights, title, or interest in the |
|
vehicle held by the holder of the certified copy. |
|
(d) A purchaser or lienholder of a motor vehicle having a |
|
certified copy issued under this section may at the time of the |
|
purchase or establishment of the lien require that the seller or |
|
owner indemnify the purchaser or lienholder and all subsequent |
|
purchasers of the vehicle against any loss the person may suffer |
|
because of a claim presented on the original [certificate of] |
|
title. |
|
(g) The department may issue a certified copy of a |
|
[certificate of] title [before the fourth business day after the
|
|
date application is made] only if the applicant: |
|
(1) is the registered owner of the vehicle, the holder |
|
of a recorded lien against the vehicle, or a verified agent of the |
|
owner or lienholder; and |
|
(2) submits personal identification as required by |
|
department rule[, including a photograph, issued by an agency of
|
|
this state or the United States]. |
|
SECTION 60. Section 501.135(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall: |
|
(1) make a record of each report to the department that |
|
a motor vehicle registered in this state has been stolen or |
|
concealed in violation of Section 32.33, Penal Code; and |
|
(2) note the fact of the report in the department's |
|
records [of the vehicle's certificate of title]. |
|
SECTION 61. Sections 501.138(a), (b), and (b-1), |
|
Transportation Code, are amended to read as follows: |
|
(a) An applicant for a [certificate of] title, other than |
|
the state or a political subdivision of the state, must pay [the
|
|
county assessor-collector] a fee of: |
|
(1) $33 if the applicant's residence is a county |
|
located within a nonattainment area as defined under Section 107(d) |
|
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, |
|
or is an affected county, as defined by Section 386.001, Health and |
|
Safety Code; or |
|
(2) $28 if the applicant's residence is any other |
|
county. |
|
(b) The fees [county assessor-collector] shall be |
|
distributed as follows [send]: |
|
(1) $5 of the fee to the county treasurer for deposit |
|
in the officers' salary fund; |
|
(2) $8 of the fee to the department: |
|
(A) together with the application within the time |
|
prescribed by Section 501.023; or |
|
(B) if the fee is deposited in an |
|
interest-bearing account or certificate in the county depository or |
|
invested in an investment authorized by Subchapter A, Chapter 2256, |
|
Government Code, not later than the 35th day after the date on which |
|
the fee is received; and |
|
(3) the following amount to the comptroller at the |
|
time and in the manner prescribed by the comptroller: |
|
(A) $20 of the fee if the applicant's residence |
|
is a county located within a nonattainment area as defined under |
|
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section |
|
7407), as amended, or is an affected county, as defined by Section |
|
386.001, Health and Safety Code; or |
|
(B) $15 of the fee if the applicant's residence |
|
is any other county. |
|
(b-1) Fees collected under Subsection (b) to be sent to the |
|
comptroller shall be deposited [as follows:
|
|
[(1)
before September 1, 2008, to the credit of the
|
|
Texas emissions reduction plan fund; and
|
|
[(2) on or after September 1, 2008,] to the credit of |
|
the Texas Mobility Fund, except that $5 of each fee imposed under |
|
Subsection (a)(1) and deposited on or after September 1, 2008, and |
|
before September 1, 2015, shall be deposited to the credit of the |
|
Texas emissions reduction plan fund. |
|
SECTION 62. Section 520.031, Transportation Code, as |
|
amended by Chapters 836 (H.B. 1743) and 1423 (H.B. 2409), Acts of |
|
the 76th Legislature, Regular Session, 1999, is transferred to |
|
Subchapter H, Chapter 501, Transportation Code, redesignated as |
|
Section 501.145, Transportation Code, and reenacted and amended to |
|
read as follows: |
|
Sec. 501.145 [520.031]. FILING BY PURCHASER [TRANSFEREE]; |
|
APPLICATION FOR TRANSFER OF TITLE [AND REGISTRATION]. (a) Not |
|
later than the later of the 30th [20th working] day after the date |
|
of assignment on [receiving] the documents or the date provided by |
|
Section 152.069, Tax Code [under Section 520.022 or 520.0225], the |
|
purchaser [transferee] of the used motor vehicle shall file with |
|
the county assessor-collector: |
|
(1) [the license receipt and] the certificate of title |
|
or other evidence of title; or |
|
(2) if appropriate, a document described by Section |
|
502.457 [520.0225(b)(1) or (2)] and the [certificate of] title or |
|
other evidence of ownership [title]. |
|
(b) The filing under Subsection (a) is an application for |
|
transfer of title as required under this chapter [Chapter 501] and |
|
[, if the license receipt is filed,] an application for transfer of |
|
the registration of the motor vehicle. |
|
(c) [In this section, "working day" means any day other than
|
|
a Saturday, a Sunday, or a holiday on which county offices are
|
|
closed.
|
|
[(d)] Notwithstanding Subsection (a), if the purchaser |
|
[transferee] is a member of the armed forces of the United States, a |
|
member of the Texas National Guard or of the National Guard of |
|
another state serving on active duty under an order of the president |
|
of the United States, or a member of a reserve component of the |
|
armed forces of the United States serving on active duty under an |
|
order of the president of the United States, the documents |
|
described by Subsection (a) must be filed with the county |
|
assessor-collector not later than the 60th [working] day after the |
|
date of assignment of ownership [their receipt by the transferee]. |
|
SECTION 63. Section 520.032, Transportation Code, is |
|
transferred to Subchapter H, Chapter 501, Transportation Code, |
|
redesignated as Section 501.146, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.146 [520.032]. TITLE TRANSFER [FEE]; LATE FEE. |
|
(a) [The transferee of a used motor vehicle shall pay, in addition
|
|
to any fee required under Chapter 501 for the transfer of title, a
|
|
transfer fee of $2.50 for the transfer of the registration of the
|
|
motor vehicle.
|
|
[(b)] If the [transferee does not file the] application for |
|
the transfer of title is not filed during the period provided by |
|
Section 501.145, the [520.031, the transferee is liable for a] late |
|
fee is to be paid to the county assessor-collector when the |
|
application is filed. If the seller [transferee] holds a general |
|
distinguishing number issued under Chapter 503 of this code or |
|
Chapter 2301, Occupations Code, the seller is liable for the late |
|
fee in the amount of [the late fee is] $10. If the seller |
|
[transferee] does not hold a general distinguishing number, subject |
|
to Subsection (b) [(b-1)] the applicant's [amount of the] late fee |
|
is $25. |
|
(b) [(b-1)] If the application is filed after the 60th [31st
|
|
working] day after the date the purchaser was assigned ownership of |
|
[transferee received] the documents under Section 501.0721 |
|
[520.022], the late fee imposed under Subsection (a) [(b)] accrues |
|
an additional penalty in the amount of $25 for each subsequent |
|
30-day period, or portion of a 30-day period, in which the |
|
application is not filed. |
|
(c) [The county assessor-collector and the surety on the
|
|
county assessor-collector's bond are liable for the late fee if the
|
|
county assessor-collector does not collect the late fee.
|
|
[(d)] Subsections (a) and (b) [and (b-1)] do not apply if |
|
the motor vehicle is eligible to be issued: |
|
(1) classic vehicle license plates under Section |
|
504.501; or |
|
(2) antique vehicle license plates under Section |
|
504.502. |
|
SECTION 64. Section 520.023, Transportation Code, is |
|
transferred to Subchapter H, Chapter 501, Transportation Code, |
|
redesignated as Section 501.147, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.147 [520.023]. [POWERS AND DUTIES OF DEPARTMENT ON
|
|
TRANSFER OF USED] VEHICLE TRANSFER NOTIFICATION. (a) On receipt of |
|
a written notice of transfer from the seller [transferor] of a motor |
|
vehicle, the department shall indicate the transfer on the motor |
|
vehicle records maintained by the department. As an alternative to |
|
a written notice of transfer, the department shall establish |
|
procedures that permit the seller [transferor] of a motor vehicle |
|
to electronically submit a notice of transfer to the department |
|
through the department's Internet website. A notice of transfer |
|
provided through the department's Internet website is not required |
|
to bear the signature of the seller [transferor] or include the date |
|
of signing. |
|
(b) [The department may design the written notice of
|
|
transfer to be part of the certificate of title for the vehicle.] |
|
The notice of transfer [form] shall be provided by the department |
|
and must include a place for the seller [transferor] to state: |
|
(1) a complete description of the vehicle as |
|
prescribed by the department [identification number of the
|
|
vehicle]; |
|
(2) [the number of the license plate issued to the
|
|
vehicle, if any;
|
|
[(3)] the full name and address of the seller |
|
[transferor]; |
|
(3) [(4)] the full name and address of the purchaser |
|
[transferee]; |
|
(4) [(5)] the date the seller [transferor] delivered |
|
possession of the vehicle to the purchaser [transferee]; |
|
(5) [(6)] the signature of the seller [transferor]; |
|
and |
|
(6) [(7)] the date the seller [transferor] signed the |
|
form. |
|
(c) This subsection applies only if the department receives |
|
notice under Subsection (a) before the 30th day after the date the |
|
seller [transferor] delivered possession of the vehicle to the |
|
purchaser or in accordance with Section 152.069, Tax Code |
|
[transferee]. After the date of the transfer of the vehicle shown |
|
on the records of the department, the purchaser [transferee] of the |
|
vehicle shown on the records is rebuttably presumed to be: |
|
(1) the owner of the vehicle; and |
|
(2) subject to civil and criminal liability arising |
|
out of the use, operation, or abandonment of the vehicle, to the |
|
extent that ownership of the vehicle subjects the owner of the |
|
vehicle to criminal or civil liability under another provision of |
|
law. |
|
(d) The department may adopt[:
|
|
[(1)] rules to implement this section [; and
|
|
[(2)
a fee for filing a notice of transfer under this
|
|
section in an amount not to exceed the lesser of the actual cost to
|
|
the department of implementing this section or $5]. |
|
(e) This section does not impose or establish civil or |
|
criminal liability on the owner of a motor vehicle who transfers |
|
ownership of the vehicle but does not disclose the transfer to the |
|
department. |
|
(f) [This section does not require the department to issue a
|
|
certificate of title to a person shown on a notice of transfer as
|
|
the transferee of a motor vehicle.] The department may not issue a |
|
[certificate of] title or register [for] the vehicle until the |
|
purchaser [transferee] applies for a title to the county |
|
assessor-collector as provided by this chapter [Chapter 501]. |
|
(g) A transferor who files the appropriate form with the |
|
department as provided by, and in accordance with, this section, |
|
whether that form is a part of a [certificate of] title or a form |
|
otherwise promulgated by the department to comply with the terms of |
|
this section, has no vicarious civil or criminal liability arising |
|
out of the use, operation, or abandonment of the vehicle by another |
|
person. Proof by the transferor that the transferor filed a form |
|
under this section is a complete defense to an action brought |
|
against the transferor for an act or omission, civil or criminal, |
|
arising out of the use, operation, or abandonment of the vehicle by |
|
another person after the transferor filed the form. A copy of the |
|
form filed under this section is proof of the filing of the form. |
|
SECTION 65. Section 520.033, Transportation Code, is |
|
transferred to Subchapter H, Chapter 501, Transportation Code, |
|
redesignated as Section 501.148, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.148 [520.033]. ALLOCATION OF FEES. (a) The |
|
county assessor-collector may retain as commission for services |
|
provided under this subchapter [half of each transfer fee
|
|
collected,] half of each late fee[, and half of each additional
|
|
penalty collected under Section 520.032]. |
|
(b) The county assessor-collector shall report and remit |
|
the balance of the fees collected to the department on Monday of |
|
each week as other [registration] fees are required to be reported |
|
and remitted. |
|
(c) Of each late fee collected from a person who does not |
|
hold a general distinguishing number by [that] the department |
|
[receives] under Subsection (b), $10 may be used only to fund a |
|
statewide public awareness campaign designed to inform and educate |
|
the public about the provisions of this chapter. |
|
SECTION 66. Section 501.152(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) It is not a violation of this section for the beneficial |
|
owner of a vehicle to sell or offer to sell a vehicle without having |
|
possession of the [certificate of] title to the vehicle if the sole |
|
reason he or she does not have possession of the [certificate of] |
|
title is that the title is in the possession of a lienholder who has |
|
not complied with the terms of Section 501.115(a) [of this code]. |
|
SECTION 67. Section 501.153, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.153. APPLICATION FOR TITLE FOR STOLEN OR CONCEALED |
|
VEHICLE. A person commits an offense if the person applies for a |
|
[certificate of] title for a motor vehicle that the person knows is |
|
stolen or concealed in violation of Section 32.33, Penal Code. |
|
SECTION 68. Section 501.154, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.154. ALTERATION OF CERTIFICATE OR RECEIPT. A |
|
person commits an offense if the person alters a manufacturer's [or
|
|
importer's] certificate, a title receipt, or a [certificate of] |
|
title. |
|
SECTION 69. Section 501.155(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person knowingly |
|
provides false or incorrect information or without legal authority |
|
signs the name of another person on: |
|
(1) an application for a [certificate of] title; |
|
(2) an application for a certified copy of an original |
|
[certificate of] title; |
|
(3) an assignment of title for a motor vehicle; |
|
(4) a discharge of a lien on a title for a motor |
|
vehicle; or |
|
(5) any other document required by the department or |
|
necessary to the transfer of ownership of a motor vehicle. |
|
SECTION 70. The heading to Section 501.158, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.158. SEIZURE OF STOLEN VEHICLE OR VEHICLE WITH |
|
ALTERED VEHICLE IDENTIFICATION [SERIAL] NUMBER. |
|
SECTION 71. Section 520.035, Transportation Code, is |
|
transferred to Subchapter H, Chapter 501, Transportation Code, |
|
redesignated as Section 501.161, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 501.161 [520.035]. EXECUTION OF TRANSFER DOCUMENTS; |
|
PENALTY. (a) A person who transfers a motor vehicle in this state |
|
shall complete [execute] in full and date as of the date of the |
|
transfer all documents relating to the transfer of registration or |
|
[certificate of] title. A person who transfers a vehicle commits an |
|
offense if the person fails to execute the documents in full. |
|
(b) A person commits an offense if the person: |
|
(1) accepts a document described by Subsection (a) |
|
that does not contain all of the required information; or |
|
(2) alters or mutilates such a document. |
|
(c) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $50 and not more than $200. |
|
SECTION 72. Subchapter H, Chapter 501, Transportation Code, |
|
is amended by adding Sections 501.162 and 501.163 to read as |
|
follows: |
|
Sec. 501.162. MOTOR NUMBER REQUIRED FOR REGISTRATION; |
|
PENALTY. A person commits an offense if the person violates Section |
|
501.0331. An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $50 and not more than $100. |
|
Sec. 501.163. APPLICATION FOR MOTOR NUMBER RECORD; PENALTY. |
|
A person who fails to comply with Section 501.0332 commits an |
|
offense. An offense under this section is a misdemeanor punishable |
|
by a fine of not less than $10 and not more than $100. |
|
SECTION 73. Chapter 501, Transportation Code, is amended by |
|
adding Subchapter I to read as follows: |
|
SUBCHAPTER I. ELECTRONIC TITLING SYSTEM |
|
Sec. 501.171. APPLICATION OF SUBCHAPTER. This subchapter |
|
applies only if the department implements a titling system under |
|
Section 501.173. |
|
Sec. 501.172. DEFINITIONS. In this subchapter: |
|
(1) "Document" means information that is inscribed on |
|
a tangible medium or that is stored in an electronic or other medium |
|
and is retrievable in perceivable form. |
|
(2) "Electronic" means relating to technology having |
|
electrical, digital, magnetic, wireless, optical, electromagnetic, |
|
or similar capabilities. |
|
(3) "Electronic document" means a document that is in |
|
an electronic form. |
|
(4) "Electronic signature" means an electronic sound, |
|
symbol, or process attached to or logically associated with a |
|
document and executed or adopted by a person with the intent to sign |
|
the document. |
|
(5) "Paper document" means a document that is in |
|
printed form. |
|
Sec. 501.173. ELECTRONIC TITLING SYSTEM. (a) The board by |
|
rule may implement an electronic titling system. |
|
(b) A record of title maintained electronically by the |
|
department in the titling system is the official record of vehicle |
|
ownership unless the owner requests that the department issue a |
|
printed title. |
|
Sec. 501.174. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If |
|
this chapter requires that a document be an original, be on paper or |
|
another tangible medium, or be in writing, the requirement is met by |
|
an electronic document that complies with this subchapter. |
|
(b) If a law requires that a document be signed, the |
|
requirement is satisfied by an electronic signature. |
|
(c) A requirement that a document or a signature associated |
|
with a document be notarized, acknowledged, verified, witnessed, or |
|
made under oath is satisfied if the electronic signature of the |
|
person authorized to perform that act, and all other information |
|
required to be included, is attached to or logically associated |
|
with the document or signature. A physical or electronic image of a |
|
stamp, impression, or seal is not required to accompany an |
|
electronic signature. |
|
Sec. 501.175. RECORDING OF DOCUMENTS. (a) Under the |
|
titling system, the department may: |
|
(1) receive, index, store, archive, and transmit |
|
electronic documents; |
|
(2) provide for access to, and for search and |
|
retrieval of, documents and information by electronic means; and |
|
(3) convert into electronic form: |
|
(A) paper documents that it accepts for the |
|
titling of a motor vehicle; and |
|
(B) information recorded and documents that were |
|
accepted for the titling of a motor vehicle before the titling |
|
system was implemented. |
|
(b) The department shall continue to accept paper documents |
|
after the titling system is implemented. |
|
Sec. 501.176. PAYMENT OF FEES BY ELECTRONIC FUNDS TRANSFER |
|
OR CREDIT CARD. (a) The department may accept payment by |
|
electronic funds transfer, credit card, or debit card of any title |
|
or registration fee that the department is required or authorized |
|
to collect under this chapter. |
|
(b) The department may collect a fee for processing a title |
|
or registration payment by electronic funds transfer, credit card, |
|
or debit card. The amount of the fee must not exceed the charges |
|
incurred by the state because of the use of the electronic funds |
|
transfer, credit card, or debit card. |
|
(c) For online transactions the department may collect from |
|
a person making payment by electronic funds transfer, credit card, |
|
or debit card an amount equal to any fee charged in accordance with |
|
Section 2054.2591, Government Code. |
|
Sec. 501.177. SERVICE CHARGE. If, for any reason, the |
|
payment of a fee under this chapter by electronic funds transfer, |
|
credit card, or debit card is not honored by the funding |
|
institution, or by the electronic funds transfer, credit card, or |
|
debit card company on which the funds are drawn, the department may |
|
collect from the person who owes the fee being collected a service |
|
charge that is for the collection of that original amount and is in |
|
addition to the original fee. The amount of the service charge must |
|
be reasonably related to the expense incurred by the department in |
|
collecting the original amount. |
|
Sec. 501.178. DISPOSITION OF FEES. All fees collected |
|
under this subchapter shall be deposited to the credit of the state |
|
highway fund. |
|
Sec. 501.179. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL |
|
AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and |
|
supersedes the federal Electronic Signatures in Global and National |
|
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, |
|
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section |
|
7001(c)) or authorize electronic delivery of any of the notices |
|
described in Section 103(b) of that Act (15 U.S.C. Section |
|
7003(b)). |
|
SECTION 74. Section 502.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.001. DEFINITIONS. In this chapter: |
|
(1) "All-terrain vehicle" means a motor vehicle that |
|
is: |
|
(A) equipped with a saddle for the use of: |
|
(i) the rider; and |
|
(ii) a passenger, if the motor vehicle is |
|
designed by the manufacturer to transport a passenger; |
|
(B) designed to propel itself with three or more |
|
tires in contact with the ground; |
|
(C) designed by the manufacturer for off-highway |
|
use; and |
|
(D) not designed by the manufacturer primarily |
|
for farming or lawn care. |
|
(2) "Apportioned license plate" means a license plate |
|
issued in lieu of a truck license plate or combination license plate |
|
to a motor carrier in this state who proportionally registers a |
|
vehicle owned or leased by the carrier in one or more other states. |
|
(3) [(1-a)] "Board" means the board of the Texas |
|
Department of Motor Vehicles. |
|
(4) "Combination license plate" means a license plate |
|
issued for a truck or truck-tractor that is used or intended to be |
|
used in combination with a semitrailer that has a gross weight of |
|
more than 6,000 pounds. |
|
(5) "Combined gross weight" means the empty weight of |
|
the truck-tractor or commercial motor vehicle combined with the |
|
empty weight of the heaviest semitrailer used or to be used in |
|
combination with the truck-tractor or commercial motor vehicle plus |
|
the heaviest net load to be carried on the combination during the |
|
registration year. |
|
(6) [(1-a)] "Commercial fleet" means a group of at |
|
least 25 nonapportioned motor vehicles, semitrailers, or trailers |
|
owned, operated, or leased by a corporation, limited or general |
|
partnership, limited liability company, or other business entity |
|
and used for the business purposes of that entity. |
|
(7) [(2)] "Commercial motor vehicle" means a |
|
commercial motor vehicle as defined by Section 644.001[, other than
|
|
a motorcycle, designed or used primarily to transport property.
|
|
The term includes a passenger car reconstructed and used primarily
|
|
for delivery purposes. The term does not include a passenger car
|
|
used to deliver the United States mail]. |
|
(8) "Construction machinery" means a vehicle that: |
|
(A) is used for construction; |
|
(B) is built from the ground up; |
|
(C) is not mounted or affixed to another vehicle |
|
such as a trailer; |
|
(D) was originally and permanently designed as |
|
machinery; |
|
(E) was not in any way originally designed to |
|
transport persons or property; and |
|
(F) does not carry a load, including fuel. |
|
(9) "Credit card" has the meaning assigned by Section |
|
501.002. |
|
(10) "Debit card" has the meaning assigned by Section |
|
501.002. |
|
(11) [(3)] "Department" means the Texas Department of |
|
Motor Vehicles. |
|
(12) "Electric bicycle" has the meaning assigned by |
|
Section 541.201. |
|
(13) "Electric personal assistive mobility device" |
|
has the meaning assigned by Section 551.201. |
|
(14) "Empty weight" means the unladen weight of a |
|
truck-tractor or commercial motor vehicle and semitrailer |
|
combination fully equipped, as certified by a public weigher or |
|
license and weight inspector of the Department of Public Safety. |
|
(15) [(4)] "Farm semitrailer" or "farm trailer" means |
|
a vehicle [semitrailer] designed and used primarily as a farm |
|
vehicle. |
|
(16) [(5)] "Farm tractor" has the meaning assigned by |
|
Section 541.201 [means a motor vehicle designed and used primarily
|
|
as a farm implement for drawing other implements of husbandry]. |
|
(17) "Forestry vehicle" [(6) "Farm trailer"] means a |
|
vehicle [trailer] designed and used exclusively for transporting |
|
forest products in their natural state, including logs, debarked |
|
logs, untreated ties, stave bolts, plywood bolts, pulpwood billets, |
|
wood chips, stumps, sawdust, moss, bark, and wood shavings, and |
|
property used in production of those products [primarily as a farm
|
|
vehicle]. |
|
(18) [(7)] "Golf cart" means a motor vehicle designed |
|
by the manufacturer primarily for use [transporting persons] on a |
|
golf course. |
|
(19) "Gross vehicle weight" has the meaning assigned |
|
by Section 541.401. |
|
(20) [(8)] "Implements of husbandry" has the meaning |
|
assigned by Section 541.201 [means farm implements, machinery, and
|
|
tools as used in tilling the soil, including self-propelled
|
|
machinery specifically designed or adapted for applying plant food
|
|
materials or agricultural chemicals but not specifically designed
|
|
or adapted for the sole purpose of transporting the materials or
|
|
chemicals. The term does not include a passenger car or truck]. |
|
(21) [(9)] "Light truck" has the meaning assigned by |
|
Section 541.201 [means a commercial motor vehicle that has a
|
|
manufacturer's rated carrying capacity of one ton or less]. |
|
(22) [(10)] "Moped" has the meaning assigned by |
|
Section 541.201. |
|
(23) [(11)] "Motor bus" includes every vehicle used to |
|
transport persons on the public highways for compensation, other |
|
than: |
|
(A) a vehicle operated by muscular power; or |
|
(B) a municipal bus. |
|
(24) [(12)] "Motorcycle" has the meaning assigned by |
|
Section 521.001 or 541.201, as applicable [means a motor vehicle
|
|
designed to propel itself with not more than three wheels in contact
|
|
with the ground. The term does not include a tractor]. |
|
(25) [(13)] "Motor vehicle" means a vehicle that is |
|
self-propelled. |
|
(26) "Motorized mobility device" has the meaning |
|
assigned by Section 542.009. |
|
(27) [(14)] "Municipal bus" includes every vehicle, |
|
other than a passenger car, used to transport persons for |
|
compensation exclusively within the limits of a municipality or a |
|
suburban addition to the municipality. |
|
(28) "Net carrying capacity" means the heaviest net |
|
load that is able to be carried on a vehicle, but not less than the |
|
manufacturer's rated carrying capacity. |
|
(29) "Oil well servicing, cleanout, or drilling |
|
machinery": |
|
(A) has the meaning assigned by Section 623.149; |
|
or |
|
(B) means a mobile crane: |
|
(i) that is an unladen, self-propelled |
|
vehicle constructed as a machine and used solely to raise, shift, or |
|
lower heavy weights by means of a projecting, swinging mast with an |
|
engine for power on a chassis permanently constructed or assembled |
|
for that purpose; and |
|
(ii) for which the owner has secured a |
|
permit from the department under Section 623.142. |
|
(30) [(15)] "Operate temporarily on the highways" |
|
means to travel between: |
|
(A) different farms; |
|
(B) a place of supply or storage and a farm; or |
|
(C) an owner's farm and the place at which the |
|
owner's farm produce is prepared for market or is marketed. |
|
(31) [(16)] "Owner" means a person who: |
|
(A) holds the legal title of a vehicle; |
|
(B) has the legal right of possession of a |
|
vehicle; or |
|
(C) has the legal right of control of a vehicle. |
|
(32) [(17)] "Passenger car" has the meaning assigned |
|
by Section 541.201 [means a motor vehicle, other than a motorcycle,
|
|
golf cart, light truck, or bus, designed or used primarily for the
|
|
transportation of persons]. |
|
(33) "Power sweeper" means an implement, with or |
|
without motive power, designed for the removal by a broom, vacuum, |
|
or regenerative air system of debris, dirt, gravel, litter, or sand |
|
from asphaltic concrete or cement concrete surfaces, including |
|
surfaces of parking lots, roads, streets, highways, and warehouse |
|
floors. The term includes a vehicle on which the implement is |
|
permanently mounted if the vehicle is used only as a power sweeper. |
|
(34) "Private bus" means a bus that: |
|
(A) is not operated for hire; and |
|
(B) is not a municipal bus or a motor bus. |
|
(35) [(18)] "Public highway" includes a road, street, |
|
way, thoroughfare, or bridge: |
|
(A) that is in this state; |
|
(B) that is for the use of vehicles; |
|
(C) that is not privately owned or controlled; |
|
and |
|
(D) over which the state has legislative |
|
jurisdiction under its police power. |
|
(36) [(19)] "Public property" means property owned or |
|
leased by this state or a political subdivision of this state. |
|
(37) [(19-a)] "Recreational off-highway vehicle" |
|
means a motor vehicle that is: |
|
(A) equipped with a non-straddle seat for the use |
|
of: |
|
(i) the rider; and |
|
(ii) a passenger, if the vehicle is |
|
designed by the manufacturer to transport a passenger; |
|
(B) designed to propel itself with four or more |
|
tires in contact with the ground; |
|
(C) designed by the manufacturer for off-highway |
|
use by the operator only; and |
|
(D) not designed by the manufacturer primarily |
|
for farming or lawn care. |
|
(38) [(20)] "Road tractor" means a vehicle designed |
|
for the purpose of mowing the right-of-way of a public highway or a |
|
motor vehicle designed or used for drawing another vehicle or a load |
|
and not constructed to carry: |
|
(A) an independent load; or |
|
(B) a part of the weight of the vehicle and load |
|
to be drawn. |
|
(39) [(21)] "Semitrailer" means a vehicle designed or |
|
used with a motor vehicle so that part of the weight of the vehicle |
|
and its load rests on or is carried by another vehicle. |
|
(40) "Token trailer" means a semitrailer that: |
|
(A) has a gross weight of more than 6,000 pounds; |
|
and |
|
(B) is operated in combination with a truck or a |
|
truck-tractor that has been issued: |
|
(i) an apportioned license plate; |
|
(ii) a combination license plate; or |
|
(iii) a forestry vehicle license plate. |
|
(41) "Tow truck" means a motor vehicle adapted or used |
|
to tow, winch, or otherwise move another motor vehicle. |
|
(42) [(22)] "Trailer" means a vehicle that: |
|
(A) is designed or used to carry a load wholly on |
|
its own structure; and |
|
(B) is drawn or designed to be drawn by a motor |
|
vehicle. |
|
(43) "Travel trailer" has the meaning assigned by |
|
Section 501.002. |
|
(44) [(23)] "Truck-tractor" means a motor vehicle: |
|
(A) designed and used primarily for drawing |
|
another vehicle; and |
|
(B) not constructed to carry a load other than a |
|
part of the weight of the vehicle and load to be drawn. |
|
(45) [(24)] "Vehicle" means a device in or by which a |
|
person or property is or may be transported or drawn on a public |
|
highway, other than a device used exclusively on stationary rails |
|
or tracks. |
|
SECTION 75. Section 502.0021, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.0021. RULES AND FORMS. (a) The department may |
|
adopt rules to administer this chapter. |
|
(b) The department shall post forms on the Internet and[:
|
|
[(1)
prescribe forms determined by the department to
|
|
be necessary for the administration of this chapter; and
|
|
[(2)] provide each county assessor-collector with a |
|
sufficient [an adequate] supply of any [each form] necessary forms |
|
on request [for the performance of a duty under this chapter by the
|
|
assessor-collector]. |
|
SECTION 76. Subchapter A, Chapter 502, Transportation Code, |
|
is amended by adding Section 502.011 to read as follows: |
|
Sec. 502.011. REFUSAL TO REGISTER VEHICLE FOR NONPAYMENT OF |
|
TOLL OR ADMINISTRATIVE FEE. (a) The board shall adopt rules, with |
|
input from county assessor-collectors and toll project entities, to |
|
require the county assessor-collector and the department to refuse |
|
to register a motor vehicle if the motor vehicle is the subject of a |
|
past due toll or administrative fee owed to a toll project entity. |
|
The board's rules may include a time frame for implementation of the |
|
refusal process and a requirement for a toll project entity to enter |
|
into a contract with the department that includes: |
|
(1) information necessary to determine that a toll or |
|
fee is past due; |
|
(2) notification that the registration may be |
|
reinstated because of: |
|
(A) payment or other means of discharge of the |
|
past due toll or fee; or |
|
(B) perfection of an appeal following conviction |
|
of an offense related to the nonpayment of a toll, if applicable; |
|
(3) compensation to the department or the county for |
|
reasonable expenses associated with providing services under the |
|
contract; and |
|
(4) a time period when the toll or fee is considered |
|
past due. |
|
(b) This section does not apply to the registration of a |
|
motor vehicle under Section 501.0234, unless the vehicle is titled |
|
and registered in the name of a person who holds a general |
|
distinguishing number. |
|
(c) For purposes of this section "toll project entity" has |
|
the meaning assigned by Section 372.001, but does not include a |
|
county operating under Chapter 284 unless the commissioners court |
|
of the county adopts an order expressly electing to have this |
|
section apply to the county. |
|
SECTION 77. Section 502.052, Transportation Code, is |
|
transferred to Subchapter A, Chapter 502, Transportation Code, |
|
redesignated as Section 502.00211, Transportation Code, and |
|
amended to read as follows: |
|
Sec. 502.00211 [502.052]. DESIGN OF [LICENSE PLATES AND] |
|
REGISTRATION INSIGNIA[; REFLECTORIZED MATERIAL]. [(a)] The |
|
department shall prepare the designs and specifications [of license
|
|
plates and devices selected by the board] to be used as the |
|
registration insignia. |
|
[(b)
The department shall design each license plate to
|
|
include a design at least one-half inch wide that represents in
|
|
silhouette the shape of Texas and that appears between letters and
|
|
numerals. The department may omit the silhouette of Texas from
|
|
specially designed license plates.
|
|
[(c)
To promote highway safety, each license plate shall be
|
|
made with a reflectorized material that provides effective and
|
|
dependable brightness for the period for which the plate is
|
|
issued.
The purchase of reflectorized material shall be submitted
|
|
to the comptroller for approval.] |
|
SECTION 78. The heading to Section 502.0023, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.0023. EXTENDED REGISTRATION OF COMMERCIAL FLEET |
|
[MOTOR] VEHICLES. |
|
SECTION 79. Section 502.0023, Transportation Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(i) to read as follows: |
|
(a) Notwithstanding Section 502.044(c) [502.158(c)], the |
|
department shall develop and implement a system of registration to |
|
allow an owner of a commercial fleet to register the motor vehicles, |
|
semitrailers, and trailers in the commercial fleet for an extended |
|
registration period of not less than one year or more than eight |
|
years. The owner may select the number of years for registration |
|
under this section within that range and register the commercial |
|
fleet for that period. Payment for all registration fees for the |
|
entire registration period selected is due at the time of |
|
registration. |
|
(c) In addition to the registration fees prescribed by this |
|
chapter [Subchapter D], an owner registering a commercial fleet |
|
under this section shall pay: |
|
(1) an annual commercial fleet registration fee of $10 |
|
per motor vehicle, semitrailer, or trailer in the fleet; and |
|
(2) except as provided by Subsection (e), a one-time |
|
license plate manufacturing fee of $1.50 for each fleet motor |
|
vehicle, semitrailer, or trailer license plate. |
|
(i) The department may provide for credits for fleet |
|
registration. |
|
SECTION 80. Section 502.185, Transportation Code, is |
|
transferred to Subchapter A, Chapter 502, Transportation Code, |
|
redesignated as Section 502.010, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.010 [502.185]. COUNTY SCOFFLAW [REFUSAL TO
|
|
REGISTER VEHICLE IN CERTAIN COUNTIES]. (a) A county |
|
assessor-collector or the department may refuse to register a motor |
|
vehicle if the assessor-collector or the department receives |
|
information that the owner of the vehicle: |
|
(1) owes the county money for a fine, fee, or tax that |
|
is past due; or |
|
(2) failed to appear in connection with a complaint, |
|
citation, information, or indictment in a court in the county in |
|
which a criminal proceeding is pending against the owner. |
|
(b) A county may contract with the department to provide |
|
information to the department necessary to make a determination |
|
under Subsection (a). |
|
(c) A county that has a contract under Subsection (b) shall |
|
notify the department regarding a person for whom the county |
|
assessor-collector or the department has refused to register a |
|
motor vehicle on: |
|
(1) the person's payment or other means of discharge of |
|
the past due fine, fee, or tax; or |
|
(2) perfection of an appeal of the case contesting |
|
payment of the fine, fee, or tax. |
|
(d) After notice is received under Subsection (c), the |
|
county assessor-collector or the department may not refuse to |
|
register the motor vehicle under Subsection (a). |
|
(e) A contract under Subsection (b) must be entered into in |
|
accordance with Chapter 791, Government Code, and is subject to the |
|
ability of the parties to provide or pay for the services required |
|
under the contract. |
|
(f) A county that has a contract under Subsection (b) may |
|
impose an additional fee to a person who: |
|
(1) fails to pay [paying] a fine, fee, or tax to the |
|
county by the date on which the fine, fee, or tax is [after it is
|
|
past] due; or |
|
(2) fails to appear in connection with a complaint, |
|
citation, information, or indictment in a court in the county in |
|
which a criminal proceeding is pending against the owner. |
|
(f-1) The additional fee may be used only to reimburse the |
|
department or the county for its expenses for providing services |
|
under the contract. |
|
(g) In this section: |
|
(1) a fine, fee, or tax is considered past due if it is |
|
unpaid 90 or more days after the date it is due; and |
|
(2) registration of a motor vehicle includes renewal |
|
of the registration of the vehicle. |
|
(h) This section does not apply to the registration of a |
|
motor vehicle under Section 501.0234, unless the vehicle is titled |
|
and registered in the name of a person who holds a general |
|
distinguishing number. |
|
SECTION 81. The heading to Subchapter B, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER B. REGISTRATION REQUIREMENTS [STATE ADMINISTRATION] |
|
SECTION 82. Section 502.002, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.040, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.040 [502.002]. REGISTRATION REQUIRED; GENERAL |
|
RULE. (a) Not more than 30 days after purchasing a vehicle or |
|
becoming a resident of this state, the [The] owner of a motor |
|
vehicle, trailer, or semitrailer shall apply for the registration |
|
of the vehicle for: |
|
(1) each registration year in which the vehicle is |
|
used or to be used on a public highway; and |
|
(2) if the vehicle is unregistered for a registration |
|
year that has begun and that applies to the vehicle and if the |
|
vehicle is used or to be used on a public highway, the remaining |
|
portion of that registration year. |
|
(b) The application must be accompanied by personal |
|
identification as determined by department rule and made in a |
|
manner prescribed by [to] the department: |
|
(1) through the county assessor-collector of the |
|
county in which the owner resides; or |
|
(2) if the county in which the owner resides has been |
|
declared by the governor as a disaster area, through the county |
|
assessor-collector of a county that is one of the closest |
|
unaffected counties to a county that asks for assistance and: |
|
(A) continues to be declared by the governor as a |
|
disaster area because the county has been rendered inoperable by |
|
the disaster; and |
|
(B) is inoperable for a protracted period of |
|
time. |
|
(c) A provision of this chapter that conflicts with this |
|
section prevails over this section to the extent of the conflict. |
|
(d) A county assessor-collector, a deputy county |
|
assessor-collector, or a person acting on behalf of a county |
|
assessor-collector is not liable to any person for: |
|
(1) refusing to register a motor vehicle because of |
|
the person's failure to submit evidence of residency that complies |
|
with the department's rules; or |
|
(2) registering a motor vehicle under this section. |
|
SECTION 83. Section 502.157, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.041, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.041 [502.157]. INITIAL REGISTRATION. (a) |
|
Notwithstanding Section 502.040 [502.002], [when a motor vehicle
|
|
must be registered before an application for a certificate of title
|
|
will be accepted,] the owner of a [the] vehicle may concurrently |
|
apply for a [certificate of] title and for registration through the |
|
county assessor-collector of the county in which: |
|
(1) the owner resides; or |
|
(2) the vehicle is purchased or encumbered. |
|
(b) The first time an owner applies for registration of a |
|
vehicle, the owner may demonstrate compliance with Section |
|
502.046(a) [502.153(a)] as to the vehicle by showing proof of |
|
financial responsibility in any manner specified in Section |
|
502.046(c) [502.153(c)] as to: |
|
(1) any vehicle of the owner; or |
|
(2) any vehicle used as part of the consideration for |
|
the purchase of the vehicle the owner applies to register. |
|
SECTION 84. Section 502.152, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.042, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.042 [502.152]. [CERTIFICATE OF] TITLE REQUIRED |
|
FOR REGISTRATION. [(a)] The department may not register or renew |
|
the registration of a motor vehicle for which a [certificate of] |
|
title is required under Chapter 501 unless the owner: |
|
(1) obtains a [certificate of] title for the vehicle; |
|
or |
|
(2) presents satisfactory evidence that a |
|
[certificate of] title was previously issued to the owner by the |
|
department or another jurisdiction. |
|
[(b)
This section does not apply to an automobile that was
|
|
purchased new before January 1, 1936.] |
|
SECTION 85. Section 502.151, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.043, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.043 [502.151]. APPLICATION FOR REGISTRATION. (a) |
|
An application for vehicle registration must: |
|
(1) be made in a manner prescribed and include the |
|
information required [on a form furnished] by the department by |
|
rule; and |
|
(2) contain a [the] full description [name and address
|
|
of the owner] of the vehicle as required by department rule [;
|
|
[(3) contain a brief description of the vehicle;
|
|
[(4)
contain any other information required by the
|
|
department; and
|
|
[(5) be signed by the owner]. |
|
(b) The department shall deny the [For a new motor vehicle,
|
|
the description of the vehicle must include the vehicle's:
|
|
[(1) trade name;
|
|
[(2) year model;
|
|
[(3) style and type of body;
|
|
[(4) weight, if the vehicle is a passenger car;
|
|
[(5)
net carrying capacity and gross weight, if the
|
|
vehicle is a commercial motor vehicle;
|
|
[(6) vehicle identification number; and
|
|
[(7)
date of sale by the manufacturer or dealer to the
|
|
applicant.
|
|
[(c) An applicant for] registration of a commercial motor |
|
vehicle, truck-tractor, trailer, or semitrailer if the applicant: |
|
(1) has a business operated, managed, or otherwise |
|
controlled or affiliated with a person who is ineligible for |
|
registration or whose privilege to operate has been suspended, |
|
including the applicant entity, a relative, family member, |
|
corporate officer, or shareholder; |
|
(2) has a vehicle that has been prohibited from |
|
operating by the Federal Motor Carrier Safety Administration for |
|
safety-related reasons; |
|
(3) is a carrier whose business is operated, managed, |
|
or otherwise controlled or affiliated with a person who is |
|
ineligible for registration, including the owner, a relative, a |
|
family member, a corporate officer, or a shareholder; or |
|
(4) fails to [must] deliver to the county |
|
assessor-collector proof of [an affidavit showing] the weight of |
|
the vehicle, the maximum load to be carried on the vehicle, and the |
|
gross weight for which the vehicle is to be registered. [The
|
|
assessor-collector shall keep the affidavit on file.] |
|
(c) [(d)] In lieu of filing an application during a year as |
|
provided by Subsection (a), the owner of a vehicle registered in any |
|
state for that year or the preceding year may present the |
|
registration receipt and transfer receipt, if any. The county |
|
assessor-collector shall accept the receipt as an application for |
|
renewal of the registration if the receipt indicates the applicant |
|
owns the vehicle. This section allows issuance for registration |
|
purposes only but does not authorize the department to issue a |
|
title. |
|
(d) The department may require an applicant for |
|
registration to provide current personal identification as |
|
determined by department rule. Any identification number required |
|
by the department under this subsection may be entered into the |
|
department's electronic titling system but may not be printed on |
|
the title. |
|
[(e)
If an owner or claimed owner has lost or misplaced the
|
|
registration receipt or transfer receipt for the vehicle, the
|
|
county assessor-collector shall register the vehicle on the
|
|
person's furnishing to the assessor-collector satisfactory
|
|
evidence, by affidavit or otherwise, that the person owns the
|
|
vehicle.
|
|
[(f)
A county assessor-collector shall date each
|
|
registration receipt issued for a vehicle with the date on which the
|
|
application for registration is made.] |
|
SECTION 86. Section 502.158, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.044, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.044 [502.158]. REGISTRATION PERIOD [YEAR]. (a) |
|
The department shall designate a vehicle registration year of 12 |
|
consecutive months to begin on the first day of a calendar month and |
|
end on the last day of the 12th calendar month. |
|
(b) The department shall designate vehicle registration |
|
years so as to distribute the work of the department and the county |
|
assessor-collectors as uniformly as possible throughout the year. |
|
The department may establish separate registration years for any |
|
vehicle or classification of vehicle and may adopt rules to |
|
administer the year-round registration system. |
|
(c) The department may designate a registration period of |
|
less than 12 months to be [. The registration fee for a
|
|
registration period of less than 12 months is] computed at a rate of |
|
one-twelfth the annual registration fee multiplied by the number of |
|
months in the registration period. The board by rule may allow |
|
payment of [department may not designate a registration period of
|
|
more than 12 months, but:
|
|
[(1)
with the consent of the department, an owner may
|
|
pay] registration fees for a designated period not to exceed the |
|
amount of time determined by department rule [of more than 12
|
|
months; and
|
|
[(2)
an owner of a vehicle may pay registration fees
|
|
for a designated period of 12, 24, or 36 months.
|
|
[(d)
An application for registration shall be made during
|
|
the two months preceding the date on which the registration
|
|
expires.
|
|
[(e)
The fee to be paid for renewing a registration is the
|
|
fee that will be in effect on the first day of the vehicle
|
|
registration year]. |
|
(d) [(g)] The department shall issue [the applicant for
|
|
registration who pays registration fees for a designated period of
|
|
24 or 36 months] a registration receipt and registration insignia |
|
that are valid until the expiration of the designated period. |
|
SECTION 87. Section 502.176, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.045, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.045 [502.176]. DELINQUENT REGISTRATION. (a) A |
|
registration fee [prescribed by this chapter] for a vehicle becomes |
|
delinquent immediately if the vehicle is used on a public highway |
|
without the fee having been paid in accordance with this chapter. |
|
(b) An [A county assessor-collector that determines that
|
|
an] applicant for registration who provides [for which payment of
|
|
the registration fee is delinquent has provided] evidence |
|
[acceptable to the assessor-collector sufficient] to establish |
|
good reason for delinquent registration and who [that the
|
|
application] complies with the other requirements for registration |
|
under this chapter may [shall] register the vehicle for a 12-month |
|
period that ends on the last day of the 11th month after the month in |
|
which the registration occurs under this subsection. [The
|
|
registration period for vehicles registered in accordance with
|
|
Sections 502.164, 502.167, 502.203, 502.255, 502.267, 502.277,
|
|
502.278, 502.293, as added by Chapter 1222, Acts of the 75th
|
|
Legislature, Regular Session, 1997, and 502.295, as added by
|
|
Chapter 625, Acts of the 75th Legislature, Regular Session, 1997,
|
|
will end on the annual registration date, and the registration fees
|
|
will be prorated.] |
|
(c) An [A county assessor-collector that determines that
|
|
an] applicant for registration who [that] is delinquent and has not |
|
provided evidence acceptable [to the assessor-collector
|
|
sufficient] to establish good reason for delinquent registration |
|
but who [that the application] complies with the other requirements |
|
for registration under this chapter shall register the vehicle for |
|
a 12-month period without changing the initial month of |
|
registration. |
|
(d) A person who has been arrested or received a citation |
|
for a violation of Section 502.472 [502.402] may register the |
|
vehicle being operated at the time of the offense [with the county
|
|
assessor-collector] for a 12-month period without change to the |
|
initial month of registration only if the person: |
|
(1) meets the other requirements for registration |
|
under this chapter; and |
|
(2) pays an additional charge equal to 20 percent of |
|
the prescribed fee. |
|
(e) The board by rule [county assessor-collector] shall |
|
adopt a list of evidentiary items sufficient to establish good |
|
reason for delinquent registration under Subsection (b) and provide |
|
for the [forms of] evidence that may be used to establish good |
|
reason under that subsection. [The list of evidentiary items
|
|
adopted under this section must allow for delinquent registration
|
|
under Subsection (b) because of:
|
|
[(1) extensive repairs on the vehicle;
|
|
[(2)
the absence of the owner of the vehicle from this
|
|
country;
|
|
[(3) seasonal use of the vehicle; or
|
|
[(4)
any other reason determined by the
|
|
assessor-collector to be a valid explanation for the delinquent
|
|
registration.] |
|
(f) The board [department] by rule shall adopt procedures to |
|
implement this section in connection with the delinquent |
|
registration of a vehicle registered directly with the department |
|
or through other means. |
|
SECTION 88. Section 502.153, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.046, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.046 [502.153]. EVIDENCE OF FINANCIAL |
|
RESPONSIBILITY. (a) Evidence [Except as provided by Subsection
|
|
(j), the owner of a motor vehicle, other than a trailer or
|
|
semitrailer, for which evidence] of financial responsibility as |
|
[is] required by Section 601.051 other than for a trailer or |
|
semitrailer [or a person who represents the owner for purposes of
|
|
registering a motor vehicle] shall be submitted [submit evidence of
|
|
financial responsibility] with the application for registration |
|
under Section 502.043 [502.151]. A county assessor-collector may |
|
not register the motor vehicle unless the owner or the owner's |
|
representative submits the evidence of financial responsibility. |
|
(b) The county assessor-collector shall examine the |
|
evidence of financial responsibility to determine whether it |
|
complies with Subsection (c). After examination, [examining] the |
|
evidence [, the assessor-collector] shall be returned [return the
|
|
evidence] unless it is in the form of a photocopy or an electronic |
|
submission. |
|
(c) In this section, evidence of financial responsibility |
|
may be: |
|
(1) a document listed under Section 601.053(a) or |
|
verified in compliance with Section 601.452; |
|
(2) a liability self-insurance or pool coverage |
|
document issued by a political subdivision or governmental pool |
|
under the authority of Chapter 791, Government Code, Chapter 119, |
|
Local Government Code, or other applicable law in at least the |
|
minimum amounts required by Chapter 601; |
|
(3) a photocopy of a document described by Subdivision |
|
(1) or (2); or |
|
(4) an electronic submission of a document or the |
|
information contained in a document described by Subdivision (1) or |
|
(2). |
|
(d) A personal automobile policy used as evidence of |
|
financial responsibility under this section must comply with |
|
Section 1952.052 et seq. and Sections 2301.051 through 2301.055 |
|
[Article 5.06 or 5.145], Insurance Code. |
|
(e) At the time of registration, the county |
|
assessor-collector shall provide to a person registering a motor |
|
vehicle a [separate] statement that the motor vehicle [being
|
|
registered] may not be operated in this state unless: |
|
(1) liability insurance coverage for the motor vehicle |
|
in at least the minimum amounts required by law remains in effect to |
|
insure against potential losses; or |
|
(2) the motor vehicle is exempt from the insurance |
|
requirement because the person has established financial |
|
responsibility in a manner described by Sections [Section] |
|
601.051(2)-(5) or is exempt under Section 601.052. |
|
(f) A county assessor-collector is not liable to any person |
|
for refusing to register a motor vehicle to which this section |
|
applies because of the person's failure to submit evidence of |
|
financial responsibility that complies with Subsection (c). |
|
(g) A county, a county assessor-collector, a deputy county |
|
assessor-collector, a person acting for or on behalf of a county or |
|
a county assessor-collector, or a person acting on behalf of an |
|
owner for purposes of registering a motor vehicle is not liable to |
|
any person for registering a motor vehicle under this section. |
|
(h) This section does not prevent a person from registering |
|
a motor vehicle by mail or through an electronic submission. |
|
(i) To be valid under this section, an electronic submission |
|
must be in a format that is: |
|
(1) submitted by electronic means, including a |
|
telephone, facsimile machine, or computer; |
|
(2) approved by the department; and |
|
(3) authorized by the commissioners court for use in |
|
the county. |
|
(j) This section does not apply to a vehicle registered |
|
pursuant to Section 501.0234. |
|
SECTION 89. Section 502.009, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.047, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.047 [502.009]. MOTOR VEHICLE EMISSIONS INSPECTION |
|
AND MAINTENANCE REQUIREMENTS. (a) The Department of Public Safety |
|
shall ensure compliance with the motor vehicle emissions inspection |
|
and maintenance program through a vehicle inspection sticker-based |
|
enforcement system except as provided by this section or Section |
|
548.3011. Subsections (b)-(e) apply only if the United States |
|
Environmental Protection Agency determines that the state has not |
|
demonstrated, as required by 40 C.F.R. Section 51.361, that |
|
sticker-based enforcement of the program is more effective than |
|
registration-based enforcement and gives the Texas [Natural
|
|
Resource Conservation] Commission on Environmental Quality or the |
|
governor written notification that the reregistration-based |
|
enforcement of the program, as described by those subsections, will |
|
be required. If Subsections (b)-(e) are made applicable as |
|
provided by this subsection, the department shall terminate |
|
reregistration-based enforcement of the program under those |
|
subsections on the date the United States Environmental Protection |
|
Agency gives the Texas [Natural Resource Conservation] Commission |
|
on Environmental Quality or a person the commission designates |
|
written notification that reregistration-based enforcement is not |
|
required for the state implementation plan. |
|
(b) A [The department may not register a] motor vehicle may |
|
not be registered if the department receives from the Texas |
|
[Natural Resource Conservation] Commission on Environmental |
|
Quality or the Department of Public Safety notification that the |
|
registered owner of the vehicle has not complied with Subchapter F, |
|
Chapter 548. |
|
(c) A motor vehicle [The county tax assessor-collector] may |
|
not be registered if the [register a] vehicle was denied |
|
registration under Subsection (b) unless [the tax
|
|
assessor-collector has] verification is received that the |
|
registered vehicle owner is in compliance with Subchapter F, |
|
Chapter 548. |
|
(d) The department, the Texas [Natural Resource
|
|
Conservation] Commission on Environmental Quality, and the |
|
Department of Public Safety shall enter an agreement regarding the |
|
responsibilities for costs associated with implementing this |
|
section. |
|
(e) A county tax assessor-collector is not liable to any |
|
person for refusing to register a motor vehicle because of the |
|
person's failure to provide verification of the person's compliance |
|
with Subchapter F, Chapter 548. |
|
SECTION 90. Section 502.005, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.048, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.048 [502.005]. REFUSAL TO REGISTER UNSAFE |
|
VEHICLE. [(a)] The department may refuse to register a motor |
|
vehicle and may cancel, suspend, or revoke a registration if the |
|
department determines that a motor vehicle is unsafe, improperly |
|
equipped, or otherwise unfit to be operated on a public highway. |
|
[(b)
The department may refuse to register a motorcycle and
|
|
may suspend or revoke the registration of a motorcycle if the
|
|
department determines that the motorcycle's braking system does not
|
|
comply with Section 547.408.] |
|
SECTION 91. Section 502.055(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department may require an applicant for |
|
registration under this chapter to provide the department with |
|
evidence of: |
|
(1) the manufacturer's rated carrying capacity for the |
|
vehicle; or |
|
(2) [the nominal tonnage rating of the vehicle;
|
|
[(3)] the gross vehicle weight rating [of the vehicle;
|
|
or
|
|
[(4)
any combination of information described in
|
|
Subdivisions (1)-(3)]. |
|
SECTION 92. Section 502.178, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.057, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.057 [502.178]. REGISTRATION RECEIPT. [(a)] The |
|
department shall issue or require to be issued to the owner of a |
|
vehicle registered under this chapter a registration receipt |
|
showing the information required by rule [:
|
|
[(1) the date of issuance;
|
|
[(2) the license number assigned to the vehicle;
|
|
[(3) the name and address of the owner; and
|
|
[(4)
other information as determined by the
|
|
department.
|
|
[(b)
The registration receipt issued for a commercial motor
|
|
vehicle, truck-tractor, trailer, or semitrailer must show the gross
|
|
weight for which the vehicle is registered]. |
|
SECTION 93. Section 502.179, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.058, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.058 [502.179]. DUPLICATE REGISTRATION RECEIPT. |
|
(a) The owner of a vehicle for which the registration receipt has |
|
been lost or destroyed may obtain a duplicate receipt from the |
|
department or the county assessor-collector who issued the original |
|
receipt by paying a fee of $2. |
|
(b) The office issuing a duplicate receipt shall retain the |
|
fee received [as a fee of office]. |
|
SECTION 94. Section 502.180, Transportation Code, is |
|
transferred to Subchapter B, Chapter 502, Transportation Code, |
|
redesignated as Section 502.059, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.059 [502.180]. ISSUANCE OF [LICENSE PLATE OR] |
|
REGISTRATION INSIGNIA. (a) On payment of the prescribed fee [,
|
|
the department shall issue to] an applicant for motor vehicle |
|
registration shall be issued a [license plate or set of plates or a
|
|
device that, when attached to the vehicle as prescribed by the
|
|
department, is the] registration insignia [for the period for which
|
|
it was issued]. |
|
(b) [Subject to Subchapter I, the department shall issue
|
|
only one license plate or set of plates for a vehicle during a
|
|
five-year period.
|
|
[(c)] On application and payment of the prescribed fee for a |
|
renewal of the registration of a vehicle through the period set by |
|
rule [for the first, second, third, or fourth registration year
|
|
after the issuance of a license plate or set of plates for the
|
|
vehicle], the department shall issue a registration insignia for |
|
the validation of the license plate or plates to be attached as |
|
provided by Subsection (c) [(d)]. |
|
(c) [(d)] Except as provided by Subsection (f) [(h)], the |
|
registration insignia for validation of a license plate shall be |
|
attached to the inside of the vehicle's windshield, if the vehicle |
|
has a windshield, within six inches of the place where the motor |
|
vehicle inspection sticker is required to be placed. If the vehicle |
|
does not have a windshield, the owner, when applying for |
|
registration or renewal of registration, shall notify the |
|
department, and the department shall issue a distinctive device for |
|
attachment to the rear license plate of the vehicle. |
|
(d) Department [(e)
The department shall adopt rules for
|
|
the issuance and use of license plates and registration insignia
|
|
issued under this chapter. The] rules may provide for the use of an |
|
automated registration process, including: |
|
(1) the automated on-site production of registration |
|
insignia; and |
|
(2) automated on-premises and off-premises |
|
self-service registration. |
|
(e) Subsection (c) does [(f) Subsections (b)-(d) do] not |
|
apply to: |
|
(1) the issuance of specialized license plates as |
|
designated by the department, including state official license |
|
plates, exempt plates for governmental entities, and temporary |
|
registration plates; or |
|
(2) the issuance or validation of replacement license |
|
plates, except as provided by Chapter 504 [Section 502.184]. |
|
(f) [(g)
The department shall provide a separate and
|
|
distinctive tab to be affixed to the license plate of an automobile,
|
|
pickup, or recreational vehicle that is offered for rent, as a
|
|
business, to any part of the public.
|
|
[(h)] The registration insignia [for validation of a
|
|
license plate] shall be attached to the rear license plate of the |
|
vehicle, if the vehicle is: |
|
(1) a motorcycle; |
|
(2) machinery used exclusively to drill water wells or |
|
construction machinery for which a distinguishing license plate has |
|
been issued under Section 502.146 [504.504]; or |
|
(3) oil well servicing, oil clean out, or oil well |
|
drilling machinery or equipment for which a distinguishing license |
|
plate has been issued under Subchapter G, Chapter 623. |
|
SECTION 95. Section 502.184, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter B, |
|
Chapter 502, Transportation Code, redesignated as Section 502.060, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.060 [502.184]. REPLACEMENT OF REGISTRATION |
|
INSIGNIA. (a) The owner of a registered motor vehicle may obtain a |
|
replacement registration insignia by: |
|
(1) certifying that the replacement registration |
|
insignia will not be used on any other vehicle owned or operated by |
|
the person making the statement; |
|
(2) paying a fee of $6 plus the fees required by |
|
Section 502.356(a) [502.1705(a)] for each replacement registration |
|
insignia, except as provided by other law; and |
|
(3) returning each replaced registration insignia in |
|
the owner's possession. |
|
(b) No fee is required under this section if the replacement |
|
fee for a license plate has been paid under Section 504.007 |
|
[502.1841]. |
|
(c) [The fee for replacement of license plates issued under
|
|
Section 504.507 is the amount prescribed by the department as
|
|
necessary to recover the cost of providing the replacement plates.
|
|
[(d)
If license plates approved under Section 504.501(b) or
|
|
504.502(c) are lost, stolen, or mutilated, the owner of the vehicle
|
|
may obtain approval of another set of license plates as provided by
|
|
Section 504.501 or 504.502, respectively.
The fee for approval of
|
|
replacement license plates is $5.
|
|
[(e)] A county assessor-collector may not issue a |
|
replacement registration insignia without complying with this |
|
section. |
|
(d) [(f)] A county assessor-collector shall retain $2.50 of |
|
each fee collected under this section and shall report and send the |
|
remainder to the department. |
|
[(g)
Replacement license plates may be used in the
|
|
registration year in which the plates are issued and during each
|
|
succeeding year of the five-year period as prescribed by Section
|
|
502.180(b) if the registration insignia is properly attached.
|
|
[(h)
Subsection (g) does not apply to the issuance of
|
|
specialized license plates as designated by the department,
|
|
including state official license plates, exempt plates for
|
|
governmental entities, and temporary registration plates.
|
|
[(i)
The owner of a vehicle listed in Section 502.180(h) may
|
|
obtain replacement plates and a replacement registration insignia
|
|
by paying a fee of $5 plus the fees required by Sections 502.170(a)
|
|
and 502.1705(a).] |
|
SECTION 96. The heading to Subchapter C, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER C. SPECIAL REGISTRATIONS [COUNTY ADMINISTRATION] |
|
SECTION 97. Section 502.0025, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.090, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.090 [502.0025]. EFFECT OF CERTAIN MILITARY |
|
SERVICE ON REGISTRATION REQUIREMENT. (a) This section applies |
|
only to a motor vehicle that is owned by a person who: |
|
(1) is a resident of this state; |
|
(2) is on active duty in the armed forces of the United |
|
States; |
|
(3) is stationed in or has been assigned to another |
|
nation under military orders; and |
|
(4) has registered the vehicle or been issued a |
|
license for the vehicle under the applicable status of forces |
|
agreement by: |
|
(A) the appropriate branch of the armed forces of |
|
the United States; or |
|
(B) the nation in which the person is stationed |
|
or to which the person has been assigned. |
|
(b) Unless the registration or license issued for a vehicle |
|
described by Subsection (a) is suspended, canceled, or revoked by |
|
this state as provided by law: |
|
(1) Section 502.040(a) [502.002(a)] does not apply; |
|
and |
|
(2) the registration or license issued by the armed |
|
forces or host nation remains valid and the motor vehicle may be |
|
operated in this state under that registration or license for a |
|
period of not more than 90 days after the date on which the vehicle |
|
returns to this state. |
|
SECTION 98. Section 502.054, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.091, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.091 [502.054]. INTERNATIONAL REGISTRATION PLAN |
|
[AGREEMENTS WITH OTHER JURISDICTIONS; OFFENSE]. (a) The |
|
department, through its director, may enter into an agreement with |
|
an authorized officer of another jurisdiction, including another |
|
state of the United States, a foreign country or a state, province, |
|
territory, or possession of a foreign country, to provide for: |
|
(1) the registration of vehicles by residents of this |
|
state and nonresidents on an allocation or mileage apportionment |
|
plan, as under the International Registration Plan; and |
|
(2) the exemption from payment of registration fees by |
|
nonresidents if residents of this state are granted reciprocal |
|
exemptions. |
|
(b) The department may adopt and enforce rules to carry out |
|
the International Registration Plan or other agreement under this |
|
section. |
|
(c) To carry out the International Registration Plan or |
|
other agreement under this section, the department shall direct |
|
that fees collected for other jurisdictions under the agreement be |
|
deposited to the credit of the proportional registration |
|
distributive fund in the state treasury and distributed to the |
|
appropriate jurisdiction through that fund. The department is not |
|
required to refund any amount less than $10 unless required by the |
|
plan. |
|
(d) This section prevails to the extent of conflict with |
|
another law relating to the subject of this section. |
|
(e) A person commits an offense if the person owns or |
|
operates a vehicle not registered in this state in violation of: |
|
(1) an agreement under this section; or |
|
(2) the applicable registration laws of this state, in |
|
the absence of an agreement under this section. |
|
(f) An offense under Subsection (e) is a misdemeanor |
|
punishable by a fine not to exceed $200. |
|
SECTION 99. Section 502.355, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.092, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.092 [502.355]. NONRESIDENT-OWNED VEHICLES USED |
|
TO TRANSPORT FARM PRODUCTS[; OFFENSE]. (a) The department may |
|
issue to a nonresident owner a permit for a truck, truck-tractor, |
|
trailer, or semitrailer that: |
|
(1) is registered in the owner's home state or country; |
|
and |
|
(2) will be used to transport: |
|
(A) farm products produced in this state from the |
|
place of production to a place of market or storage or a railhead |
|
that is not more than 75 miles from the place of production; |
|
(B) machinery used to harvest farm products |
|
produced in this state; or |
|
(C) farm products produced outside this state |
|
from the point of entry into this state to a place of market, |
|
storage, or processing or a railhead or seaport that is not more |
|
than 80 miles from the point of entry. |
|
(b) The department shall issue a distinguishing insignia |
|
for a vehicle issued a permit under this section. The insignia must |
|
be attached to the vehicle in lieu of regular license plates and |
|
must show the permit expiration date. A permit issued under this |
|
section is valid until the earlier of: |
|
(1) the date the vehicle's registration in the owner's |
|
home state or country expires; or |
|
(2) the 30th day after the date the permit is issued. |
|
(c) A person may obtain a permit under this section by: |
|
(1) applying to the department in a manner [on a form] |
|
prescribed by the department; |
|
(2) paying a fee equal to 1/12 the registration fee |
|
prescribed by this chapter for the vehicle; |
|
(3) furnishing satisfactory evidence that the motor |
|
vehicle is insured under an insurance policy that complies with |
|
Section 601.072 and that is written by: |
|
(A) an insurance company or surety company |
|
authorized to write motor vehicle liability insurance in this |
|
state; or |
|
(B) with the department's approval, a surplus |
|
lines insurer that meets the requirements of Chapter 981, Insurance |
|
Code, and rules adopted by the commissioner of insurance under that |
|
chapter, if the applicant is unable to obtain insurance from an |
|
insurer described by Paragraph (A); and |
|
(4) furnishing evidence that the vehicle has been |
|
inspected as required under Chapter 548. |
|
(d) A nonresident owner may not obtain more than three |
|
permits under this section during a registration year. |
|
(e) A vehicle for which a permit is issued under this |
|
section may not be operated in this state after the permit expires |
|
unless the owner: |
|
(1) obtains another temporary permit; or |
|
(2) registers the vehicle under Section 502.253, |
|
502.254, 502.255 [502.162, 502.165, 502.166], or 502.256 |
|
[502.167], as appropriate, for the remainder of the registration |
|
year. |
|
(f) A vehicle for which a permit is issued under this |
|
section may not be registered under Section 502.433 [502.163]. |
|
(g) A mileage referred to in this section is a state highway |
|
mileage. |
|
[(h)
A person operating a vehicle under a permit issued
|
|
under this section commits an offense if the person:
|
|
[(1)
transports farm products to a place of market,
|
|
storage, or processing or a railhead or seaport that is farther from
|
|
the place of production or point of entry, as appropriate, than the
|
|
distance provided for in the permit; or
|
|
[(2)
follows a route other than that prescribed by the
|
|
board.
|
|
[(i)
An offense under Subsection (h) is a misdemeanor
|
|
punishable by a fine of not less than $25 or more than $200.] |
|
SECTION 100. Section 502.353, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.093, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.093 [502.353]. [FOREIGN COMMERCIAL VEHICLES;] |
|
ANNUAL PERMITS [; OFFENSE]. (a) The department may issue an annual |
|
permit in lieu of registration to a foreign commercial motor |
|
vehicle, trailer, or semitrailer that [:
|
|
[(1)] is subject to registration in this state [;] and |
|
[(2)] is not authorized to travel on a public highway |
|
because of the lack of registration in this state or the lack of |
|
reciprocity with the state or country in which the vehicle is |
|
registered. |
|
(b) A permit issued under this section [:
|
|
[(1) is in lieu of registration; and
|
|
[(2)] is valid for a vehicle registration year to |
|
begin on the first day of a calendar month designated by the |
|
department and end on the last day of the last calendar month of the |
|
registration year. |
|
(c) A permit may not be issued under this section for the |
|
importation of citrus fruit into this state from a foreign country |
|
except for foreign export or processing for foreign export. |
|
(d) A person may obtain a permit under this section by: |
|
(1) applying in the manner prescribed by [to] the |
|
department; |
|
(2) paying a fee in the amount required by Subsection |
|
(e) in the manner prescribed by the department, including a service |
|
charge for a credit card payment or escrow account [cash or by
|
|
postal money order or certified check]; and |
|
(3) furnishing evidence of financial responsibility |
|
for the motor vehicle that complies with Sections 502.046(c) |
|
[502.153(c)] and 601.168(a), the policies to be written by an |
|
insurance company or surety company authorized to write motor |
|
vehicle liability insurance in this state. |
|
(e) The fee for a permit under this section is the fee that |
|
would be required for registering the vehicle under Section 502.253 |
|
[502.162] or 502.255 [502.167], except as provided by Subsection |
|
(f). |
|
(f) A vehicle registered under this section is exempt from |
|
the token fee and is not required to display the associated |
|
distinguishing license plate if the vehicle: |
|
(1) is a semitrailer that has a gross weight of more |
|
than 6,000 pounds; and |
|
(2) is used or intended to be used in combination with |
|
a truck tractor or commercial motor vehicle with a gross vehicle |
|
weight [manufacturer's rated carrying capacity] of more than 10,000 |
|
pounds [one ton]. |
|
(g) A vehicle registered under this section is not subject |
|
to the fee required by Section 502.401 [502.172] or 502.403 |
|
[502.173]. |
|
[(h) The department may:
|
|
[(1) adopt rules to administer this section; and
|
|
[(2)
prescribe an application for a permit and other
|
|
forms under this section.
|
|
[(i)
A person who violates this section commits an offense.
|
|
An offense under this section is a misdemeanor punishable by a fine
|
|
not to exceed $200.] |
|
SECTION 101. Section 502.352, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.094, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.094 [502.352]. 72- OR 144-HOUR PERMITS [FOREIGN
|
|
COMMERCIAL VEHICLES]. (a) The department may issue a temporary |
|
registration permit in lieu of registration for a commercial motor |
|
vehicle, trailer, semitrailer, or motor bus that: |
|
(1) is owned by a resident of the United States, |
|
Canada, or the United Mexican States; |
|
(2) is subject to registration in this state; and |
|
(3) is not authorized to travel on a public highway |
|
because of the lack of registration in this state or the lack of |
|
reciprocity with the state or province in which the vehicle is |
|
registered. |
|
(b) A permit issued under this section [:
|
|
[(1) is in lieu of registration; and
|
|
[(2)] is valid for the period stated on the permit, |
|
effective from the date and time shown on the receipt issued as |
|
evidence of registration under this section. |
|
(c) A person may obtain a permit under this section by: |
|
(1) applying to the county assessor-collector, the |
|
department, or the department's wire service agent, if the |
|
department has a wire service agent; |
|
(2) paying a fee of $25 for a 72-hour permit or $50 for |
|
a 144-hour permit in the manner prescribed by the department that |
|
may include a service charge for a credit card payment or escrow |
|
account[:
|
|
[(A) in cash;
|
|
[(B) by postal money order;
|
|
[(C) by certified check;
|
|
[(D)
by wire transfer through the department's
|
|
wire service agent, if any;
|
|
[(E) by an escrow account; or
|
|
[(F)
where the service is provided, by a credit
|
|
card issued by:
|
|
[(i)
a financial institution chartered by a
|
|
state or the United States; or
|
|
[(ii)
a nationally recognized credit
|
|
organization approved by the board;
|
|
[(3)
paying a discount or service charge for a credit
|
|
card payment or escrow account, in addition to the fee]; |
|
(3) [(4)] furnishing to the county |
|
assessor-collector, the department, or the department's wire |
|
service agent, evidence of financial responsibility for the vehicle |
|
that complies with Sections 502.046(c) [502.153(c)] and 601.168(a) |
|
[and is written by an insurance company or surety company
|
|
authorized to write motor vehicle liability insurance in this
|
|
state]; and |
|
(4) [(5)] submitting a copy of the applicable federal |
|
declaration form required by the Federal Motor Carrier Safety |
|
Administration or its successor in connection with the importation |
|
of a motor vehicle or motor vehicle equipment subject to the federal |
|
motor vehicle safety, bumper, and theft prevention standards. |
|
(d) A county assessor-collector shall report and send a fee |
|
collected under this section in the manner provided by Section |
|
502.198 [Sections 502.102 and 502.105]. Each week, a wire service |
|
agent shall send to the department a report of all permits issued by |
|
the agent during the previous week. The board [department] by rule |
|
shall prescribe the format [form] and content of a report required |
|
by this subsection. |
|
(e) [The department may:
|
|
[(1) adopt rules to administer this section; and
|
|
[(2)
prescribe an application for a permit and other
|
|
forms under this section.
|
|
[(f)] A vehicle issued a permit under this section is |
|
subject to Subchapters B and F, Chapter 548, unless the vehicle: |
|
(1) is registered in another state of the United |
|
States, in a province of Canada, or in a state of the United Mexican |
|
States; or |
|
(2) is mobile drilling or servicing equipment used in |
|
the production of gas, crude petroleum, or oil, including a mobile |
|
crane or hoisting equipment, mobile lift equipment, forklift, or |
|
tug. |
|
(f) [(g)] A commercial motor vehicle, trailer, semitrailer, |
|
or motor bus apprehended for violating a registration law of this |
|
state: |
|
(1) may not be issued a permit under this section; and |
|
(2) is immediately subject to registration in this |
|
state. |
|
(g) [(h)] A person who operates a commercial motor vehicle, |
|
trailer, or semitrailer with an expired permit issued under this |
|
section is considered to be operating an unregistered vehicle |
|
subject to each penalty prescribed by law. |
|
(h) [(i)] The department may establish one or more escrow |
|
accounts in the state highway fund for the prepayment of a 72-hour |
|
permit or a 144-hour permit. Any fee established by the department |
|
for the administration of this subsection shall be administered as |
|
required by an agreement entered into by the department. |
|
SECTION 102. Section 502.354, Transportation Code, is |
|
transferred to Subchapter C, Chapter 502, Transportation Code, |
|
redesignated as Section 502.095, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.095 [502.354]. ONE-TRIP [SINGLE] OR 30-DAY TRIP |
|
PERMITS [; OFFENSE]. (a) The department may issue a temporary |
|
permit in lieu of registration for a vehicle [that:
|
|
[(1) is] subject to registration in this state that [;
|
|
and
|
|
[(2)] is not authorized to travel on a public highway |
|
because of the lack of registration in this state or the lack of |
|
reciprocity with the state or country in which the vehicle is |
|
registered. |
|
(b) A permit issued under this section [:
|
|
[(1) is in lieu of registration; and
|
|
[(2)] is valid for: |
|
(1) [(A)] one trip, as provided by Subsection (c); or |
|
(2) [(B)] 30 days, as provided by Subsection (d). |
|
(c) A one-trip permit is valid for one trip between the |
|
points of origin and destination and those intermediate points |
|
specified in the application and registration receipt. Unless the |
|
vehicle is a bus operating under charter that is not covered by a |
|
reciprocity agreement with the state or country in which the bus is |
|
registered, a one-trip permit is for the transit of the vehicle |
|
only, and the vehicle may not be used for the transportation of any |
|
passenger or property. A one-trip permit may not be valid for |
|
longer than 15 days from the effective date of registration. |
|
(d) A 30-day permit may be issued only to a passenger |
|
vehicle, a private bus, a trailer or semitrailer with a gross weight |
|
of not more than 10,000 pounds, a light truck, or a light commercial |
|
vehicle with a gross vehicle weight [manufacturer's rated carrying
|
|
capacity] of more than 10,000 pounds [one ton] that will operate |
|
unladen. A person may obtain multiple 30-day permits. The |
|
department may issue a single registration receipt to apply to all |
|
of the periods for which the vehicle is registered. |
|
(e) A person may obtain a permit under this section by: |
|
(1) applying as [on a form] provided by the department |
|
to: |
|
(A) the county assessor-collector of the county |
|
in which the vehicle will first be operated on a public highway; or |
|
(B) the department in Austin or at one of the |
|
department's vehicle title and registration regional offices; |
|
(2) paying a fee, in the manner prescribed by the |
|
department including a registration service charge for a credit |
|
card payment or escrow account [cash or by postal money order or
|
|
certified check,] of: |
|
(A) $5 for a one-trip permit; or |
|
(B) $25 for each 30-day period; and |
|
(3) furnishing evidence of financial responsibility |
|
for the vehicle in a form listed under Section 502.046(c) |
|
[502.153(c)]. |
|
(f) A registration receipt [and temporary tag] shall be |
|
carried in the vehicle at all times during the period in which it is |
|
valid [issued on forms provided by the department]. The temporary |
|
tag must contain all pertinent information required by this section |
|
and must be displayed in the rear window of the vehicle so that the |
|
tag is clearly visible and legible when viewed from the rear of the |
|
vehicle. If the vehicle does not have a rear window, the temporary |
|
tag must be attached on or carried in the vehicle to allow ready |
|
inspection. The registration receipt must be carried in the |
|
vehicle at all times during the period in which it is valid. |
|
(g) The department may refuse and may instruct a county |
|
assessor-collector to refuse to issue a temporary registration for |
|
any vehicle if, in the department's opinion, the vehicle or the |
|
owner of the vehicle has been involved in operations that |
|
constitute an abuse of the privilege granted by this section. A |
|
registration issued after notice to a county assessor-collector |
|
under this subsection is void. |
|
[(h)
A person issued a temporary registration under this
|
|
section who operates a vehicle in violation of Subsection (f)
|
|
commits an offense. An offense under this subsection is a Class C
|
|
misdemeanor.
|
|
[(i) The department may:
|
|
[(1) adopt rules to administer this section; and
|
|
[(2)
prescribe an application for a permit and other
|
|
forms under this section.] |
|
SECTION 103. The heading to Subchapter D, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER D. VEHICLES NOT ISSUED REGISTRATION [PROCEDURES AND
|
|
FEES] |
|
SECTION 104. Section 502.006, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, |
|
redesignated as Section 502.140, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.140 [502.006]. CERTAIN OFF-HIGHWAY VEHICLES. |
|
(a) Except as provided by Subsection (b), a person may not register |
|
an all-terrain vehicle or a recreational off-highway vehicle, with |
|
or without design alterations, for operation on a public highway. |
|
(b) The state, a county, or a municipality may register an |
|
all-terrain vehicle or a recreational off-highway vehicle for |
|
operation on a public beach or highway to maintain public safety and |
|
welfare. |
|
(c) A recreational off-highway vehicle registered as |
|
provided by Subsection (b) may be operated on a public or private |
|
beach in the same manner as a golf cart may be operated on a public |
|
or private beach under Section 551.403 [502.0071]. The operator |
|
must hold and have in the operator's possession a driver's license |
|
issued under Chapter 521 or a commercial driver's license issued |
|
under Chapter 522. |
|
(d) Section 504.401 [502.172] does not apply to an |
|
all-terrain vehicle or a recreational off-highway vehicle. |
|
(e) Operation of an all-terrain vehicle or recreational |
|
off-highway vehicle in compliance with Section 663.037 does not |
|
require registration under Subsection (b). |
|
SECTION 105. Section 502.0072, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.142, Transportation Code, to read as |
|
follows: |
|
Sec. 502.142 [502.0072]. MANUFACTURED HOUSING. |
|
Manufactured housing, as defined by Section 1201.003, Occupations |
|
Code, is not a vehicle subject to this chapter. |
|
SECTION 106. Section 502.0073, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, |
|
redesignated as Section 502.143, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.143 [502.0073]. OTHER VEHICLES [POWER SWEEPERS]. |
|
[(a)] An owner may [of a power sweeper is] not [required to] |
|
register the following vehicles for operation on a public highway: |
|
(1) power sweepers; |
|
(2) motorized mobility devices; |
|
(3) electric personal assistive mobility devices; and |
|
(4) electric bicycles [sweeper]. |
|
[(b)
In this section, "power sweeper" means an implement,
|
|
with or without motive power, designed for the removal by broom,
|
|
vacuum, or regenerative air system of debris, dirt, gravel, litter,
|
|
or sand from asphaltic concrete or cement concrete surfaces,
|
|
including surfaces of parking lots, roads, streets, highways, and
|
|
warehouse floors. The term includes a vehicle on which the
|
|
implement is permanently mounted if the vehicle is used only as a
|
|
power sweeper.] |
|
SECTION 107. Section 502.0078, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.144, Transportation Code, to read as |
|
follows: |
|
Sec. 502.144 [502.0078]. VEHICLES OPERATED ON PUBLIC |
|
HIGHWAY SEPARATING REAL PROPERTY UNDER VEHICLE OWNER'S CONTROL. |
|
Where a public highway separates real property under the control of |
|
the owner of a motor vehicle, the operation of the motor vehicle by |
|
the owner or the owner's agent or employee across the highway is not |
|
a use of the motor vehicle on the public highway. |
|
SECTION 108. Section 502.0079, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, |
|
redesignated as Section 502.145, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.145 [502.0079]. VEHICLES OPERATED BY CERTAIN |
|
NONRESIDENTS. (a) [A nonresident owner of a motor vehicle,
|
|
trailer, or semitrailer that is registered in the state or country
|
|
in which the person resides may operate the vehicle to transport
|
|
persons or property for compensation without being registered in
|
|
this state, if the person does not exceed two trips in a calendar
|
|
month and each trip does not exceed four days.
|
|
[(b)
A nonresident owner of a privately owned vehicle that
|
|
is not registered in this state may not make more than five
|
|
occasional trips in any calendar month into this state using the
|
|
vehicle. Each occasional trip into this state may not exceed five
|
|
days.
|
|
[(c)] A nonresident owner of a privately owned passenger car |
|
that is registered in the state or country in which the person |
|
resides and that is not operated for compensation may operate the |
|
car in this state for the period in which the car's license plates |
|
are valid. In this subsection, "nonresident" means a resident of a |
|
state or country other than this state whose presence in this state |
|
is as a visitor and who does not engage in gainful employment or |
|
enter into business or an occupation, except as may otherwise be |
|
provided by any reciprocal agreement with another state or country. |
|
(b) [(d)] This section does not prevent: |
|
(1) a nonresident owner of a motor vehicle from |
|
operating the vehicle in this state for the sole purpose of |
|
marketing farm products raised exclusively by the person; or |
|
(2) a resident of an adjoining state or country from |
|
operating in this state a privately owned and registered vehicle to |
|
go to and from the person's place of regular employment and to make |
|
trips to purchase merchandise, if the vehicle is not operated for |
|
compensation. |
|
(c) [(e)] The privileges provided by this section may be |
|
allowed only if, under the laws of the appropriate state or country, |
|
similar privileges are granted to vehicles registered under the |
|
laws of this state and owned by residents of this state. |
|
(d) [(f)] This section does not affect the right or status |
|
of a vehicle owner under any reciprocal agreement between this |
|
state and another state or country. |
|
SECTION 109. Section 504.504, Transportation Code, is |
|
transferred to Subchapter D, Chapter 502, Transportation Code, |
|
redesignated as Section 502.146, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.146 [504.504]. CERTAIN FARM VEHICLES AND DRILLING |
|
AND CONSTRUCTION EQUIPMENT. (a) The department shall issue |
|
specialty license plates to a vehicle described by Subsection (b) |
|
or (c). The fee for the license plates is $5. |
|
(b) An owner is not required to register a vehicle that is |
|
used only temporarily on the highways if the vehicle is: |
|
(1) a farm trailer or farm semitrailer with a gross |
|
weight of more than 4,000 pounds but not more than 34,000 pounds |
|
that is used exclusively to transport: |
|
(A) seasonally harvested agricultural products |
|
or livestock from the place of production to the place of |
|
processing, market, or storage; or |
|
(B) farm supplies from the place of loading to |
|
the farm; |
|
(2) machinery used exclusively for the purpose of |
|
drilling water wells; [or] |
|
(3) oil well servicing or drilling machinery and if at |
|
the time of obtaining the license plates, the applicant submits |
|
proof that the applicant has a permit under Section 623.142; or |
|
(4) construction machinery [that is not designed to
|
|
transport persons or property on a public highway]. |
|
(c) An owner is not required to register a vehicle that is: |
|
(1) a farm trailer or farm semitrailer owned by a |
|
cotton gin and used exclusively to transport agricultural products |
|
without charge from the place of production to the place of |
|
processing, market, or storage; |
|
(2) a trailer used exclusively to transport fertilizer |
|
without charge from a place of supply or storage to a farm; or |
|
(3) a trailer used exclusively to transport cottonseed |
|
without charge from a place of supply or storage to a farm or place |
|
of processing. |
|
(d) A vehicle described by Subsection (b) is exempt from the |
|
inspection requirements of Subchapters B and F, Chapter 548. |
|
(e) This section does not apply to a farm trailer or farm |
|
semitrailer that: |
|
(1) is used for hire; |
|
(2) has metal tires operating in contact with the |
|
highway; |
|
(3) is not equipped with an adequate hitch pinned or |
|
locked so that it will remain securely engaged to the towing vehicle |
|
while in motion; or |
|
(4) is not operated and equipped in compliance with |
|
all other law. |
|
(f) A vehicle to which this section applies that is operated |
|
on a public highway in violation of this section is considered to be |
|
operated while unregistered and is immediately subject to the |
|
applicable registration fees and penalties prescribed by this |
|
chapter [Chapter 502]. |
|
(g) In this section, the gross weight of a trailer or |
|
semitrailer is the combined weight of the vehicle and the load |
|
carried on the highway. |
|
SECTION 109A. (a) Section 502.161, Transportation Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) For purposes of Subsection (a), a light truck that |
|
weighs 6,000 pounds or less is considered a passenger car. |
|
(b) This section takes effect August 31, 2011. |
|
SECTION 110. Sections 502.180(b) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(b) Subject to Subchapter I, the department shall issue only |
|
one license plate or set of plates for a vehicle during a |
|
[five-year] period of no less than eight years. |
|
(c) On application and payment of the prescribed fee for a |
|
renewal of the registration of a vehicle for each [the first,
|
|
second, third, or fourth] registration year after the issuance of a |
|
license plate or set of plates for the vehicle, the department shall |
|
issue a registration insignia for the validation of the license |
|
plate or plates to be attached as provided by Subsection (d). |
|
SECTION 111. Section 502.184(g), Transportation Code, is |
|
amended to read as follows: |
|
(g) Replacement license plates may be used in the |
|
registration year in which the plates are issued and during each |
|
succeeding year of a [the five-year] period of no less than eight |
|
years as prescribed by Section 502.180(b) if the registration |
|
insignia is properly attached. |
|
SECTION 112. The heading to Subchapter E, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER E. ADMINISTRATION OF FEES [SPECIALLY DESIGNATED LICENSE
|
|
PLATES; EXEMPTIONS FOR GOVERNMENTAL AND QUASI-GOVERNMENTAL
|
|
VEHICLES] |
|
SECTION 113. Section 502.159, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.190, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.190 [502.159]. SCHEDULE OF REGISTRATION FEES. |
|
The department shall post [compile and furnish to each county
|
|
assessor-collector] a complete schedule of registration fees on the |
|
Internet [to be collected on the various makes, models, and types of
|
|
vehicles]. |
|
SECTION 114. Section 502.004, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.191, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.191 [502.004]. COLLECTION OF FEES. (a) A person |
|
may not collect a registration fee under this chapter unless the |
|
person is: |
|
(1) an officer or employee of the department; or |
|
(2) a county assessor-collector or a deputy county |
|
assessor-collector. |
|
(b) The department may accept electronic payment by |
|
electronic funds transfer, credit card, or debit card of any fee |
|
that the department is authorized to collect under this chapter. |
|
(c) The department may collect a fee for processing a |
|
payment by electronic funds transfer, credit card, or debit card. |
|
The amount of the fee must not exceed the charges incurred by the |
|
state because of the use of the electronic funds transfer, credit |
|
card, or debit card. |
|
(d) For online transactions the department may collect from |
|
a person making payment by electronic funds transfer, credit card, |
|
or debit card an amount equal to the amount of any fee charged in |
|
accordance with Section 2054.2591, Government Code. |
|
(e) If, for any reason, the payment of a fee under this |
|
chapter by electronic funds transfer, credit card, or debit card is |
|
not honored by the funding institution or by the electronic funds |
|
transfer, credit card, or debit card company on which the funds are |
|
drawn, the department may collect from the person who owes the fee |
|
being collected a service charge that is for the collection of that |
|
original amount and is in addition to the original fee. The amount |
|
of the service charge must be reasonably related to the expense |
|
incurred by the department in collecting the original amount. |
|
SECTION 115. Subchapter E, Chapter 502, Transportation |
|
Code, is amended by adding Section 502.192 to read as follows: |
|
Sec. 502.192. TRANSFER FEE. The purchaser of a used motor |
|
vehicle shall pay, in addition to any fee required under Chapter 501 |
|
for the transfer of title, a transfer fee of $2.50 for the transfer |
|
of the registration of the motor vehicle. The county |
|
assessor-collector may retain as commission for services provided |
|
under this subchapter half of each transfer fee collected. |
|
SECTION 116. Section 502.181, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.193, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.193 [502.181]. PAYMENT [OF REGISTRATION FEE] BY |
|
CHECK DRAWN AGAINST INSUFFICIENT FUNDS. (a) A county |
|
assessor-collector who receives from any person a check or draft |
|
for [drawn on a bank or trust company in] payment of a registration |
|
fee for a registration year that has not ended [on a motor vehicle,
|
|
trailer, or motorcycle sidecar] that is returned unpaid because of |
|
insufficient funds or no funds in the bank or trust company to the |
|
credit of the drawer of the check or draft shall certify the fact to |
|
the sheriff or a constable or highway patrol officer in the county |
|
after attempts to contact the person fail to result in the |
|
collection of payment. The certification must be made before the |
|
30th day after the date the check or draft is returned unpaid and: |
|
(1) be under the assessor-collector's official seal; |
|
(2) include the name and address of the person who gave |
|
the [assessor-collector the] check or draft; |
|
(3) include the license plate number and make of the |
|
vehicle; |
|
(4) be accompanied by the check or draft; and |
|
(5) be accompanied by documentation of any attempt to |
|
contact the person and collect payment. |
|
(b) On receiving a complaint under Subsection (a) from the |
|
county assessor-collector, the sheriff, constable, or highway |
|
patrol officer shall find the person who gave the |
|
[assessor-collector the] check or draft, if the person is in the |
|
county, and demand immediate redemption of the check or draft from |
|
the person. If the person fails or refuses to redeem the check or |
|
draft, the sheriff, constable, or highway patrol officer shall: |
|
(1) seize and remove the license plates and |
|
registration insignia from the vehicle; and |
|
(2) return the license plates and registration |
|
insignia to the county assessor-collector. |
|
SECTION 117. Section 502.182, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.194, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.194 [502.182]. CREDIT FOR REGISTRATION FEE PAID ON |
|
MOTOR VEHICLE SUBSEQUENTLY DESTROYED. (a) The owner of a motor |
|
vehicle that is destroyed to the extent that it cannot afterwards be |
|
operated on a public highway is entitled to a registration fee |
|
credit if the prorated portion of the registration fee for the |
|
remainder of the registration year is more than $15. The owner must |
|
claim the credit by [:
|
|
[(1)] sending the registration fee receipt [and the
|
|
license plates] for the vehicle to the department [; and
|
|
[(2)
executing a statement on a form provided by the
|
|
department showing that the license plates have been surrendered to
|
|
the department]. |
|
(b) The department, on satisfactory proof that the vehicle |
|
is destroyed, shall issue a registration fee credit slip to the |
|
owner in an amount equal to the prorated portion of the registration |
|
fee for the remainder of the registration year. The owner, during |
|
the same or the next registration year, may use the registration fee |
|
credit slip as payment or part payment for the registration of |
|
another vehicle to the extent of the credit. |
|
[(c)
A statement executed under Subsection (a)(2) shall be
|
|
delivered to a purchaser of the destroyed vehicle. The purchaser
|
|
may surrender the statement to the department in lieu of the vehicle
|
|
license plates.
|
|
[(d)
The department shall adopt rules to administer this
|
|
section.] |
|
SECTION 118. Section 502.183, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.195, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.195 [502.183]. REFUND OF OVERCHARGED |
|
REGISTRATION FEE. (a) The owner of a motor vehicle [that is
|
|
required to be registered] who pays an annual registration fee in |
|
excess of the statutory amount is entitled to a refund of the |
|
overcharge. |
|
(b) The county assessor-collector who collects the |
|
excessive fee shall refund an overcharge on presentation to the |
|
assessor-collector of satisfactory evidence of the overcharge[.
|
|
The owner must make a claim for a refund of an overcharge] not later |
|
than the first [fifth] anniversary of the date the excessive |
|
registration fee was paid. |
|
(c) A refund shall be paid from the fund in which the |
|
county's share of registration fees is deposited. |
|
SECTION 119. Section 502.051, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.196, Transportation Code, to read as |
|
follows: |
|
Sec. 502.196 [502.051]. DEPOSIT OF REGISTRATION FEES IN |
|
STATE HIGHWAY FUND. Except as otherwise provided by this chapter, |
|
the board and the department shall deposit all money received from |
|
registration fees in the state treasury to the credit of the state |
|
highway fund. |
|
SECTION 120. Section 502.101, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.197, Transportation Code, to read as |
|
follows: |
|
Sec. 502.197 [502.101]. REGISTRATION BY MAIL OR ELECTRONIC |
|
MEANS; SERVICE CHARGE. (a) A county assessor-collector may |
|
collect a service charge of $1 from each applicant registering a |
|
vehicle by mail. The service charge shall be used to pay the costs |
|
of handling and postage to mail the registration receipt and |
|
insignia to the applicant. |
|
(b) With the approval of the commissioners court of a |
|
county, a county assessor-collector may contract with a private |
|
entity to enable an applicant for registration to use an electronic |
|
off-premises location. A private entity may charge an applicant |
|
not more than $1 for the service provided. |
|
(c) The department may adopt rules to cover the timely |
|
application for and issuance of registration receipts and insignia |
|
by mail or through an electronic off-premises location. |
|
SECTION 121. Section 502.102, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.198, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.198 [502.102]. DISPOSITION OF FEES GENERALLY. |
|
(a) Except as provided by Sections 502.1982 [502.103] and 502.357 |
|
[502.104], this section applies to all fees collected by a county |
|
assessor-collector under this chapter. |
|
(b) Each Monday, a county assessor-collector shall credit |
|
to the county road and bridge fund an amount equal to the net |
|
collections made during the preceding week until the amount so |
|
credited for the calendar year equals the total of: |
|
(1) $60,000; |
|
(2) $350 for each mile of county road maintained by the |
|
county, according to the most recent information available from the |
|
department, not to exceed 500 miles; and |
|
(3) an additional amount of fees equal to the amount |
|
calculated under Section 502.1981 [502.1025]. |
|
(c) After the credits to the county road and bridge fund |
|
equal the total computed under Subsection (b), each Monday the |
|
county assessor-collector shall: |
|
(1) credit to the county road and bridge fund an amount |
|
equal to 50 percent of the net collections made during the preceding |
|
week, until the amount so credited for the calendar year equals |
|
$125,000; and |
|
(2) send to the department an amount equal to 50 |
|
percent of those collections. |
|
(d) After the credits to the county road and bridge fund |
|
equal the total amounts computed under Subsections (b) and (c)(1), |
|
each Monday the county assessor-collector shall send to the |
|
department all collections made during the preceding week. |
|
[(e)
Each Monday the county assessor-collector shall send
|
|
to the department a copy of each receipt issued the previous week
|
|
for a registration fee under this chapter.] |
|
SECTION 122. Section 502.1025, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.1981, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.1981 [502.1025]. CALCULATION OF ADDITIONAL FEE |
|
AMOUNTS RETAINED BY A COUNTY. (a) The county tax |
|
assessor-collector each calendar year shall calculate five percent |
|
of the tax and penalties collected by the county tax |
|
assessor-collector under Chapter 152, Tax Code, in the preceding |
|
calendar year. In addition, the county tax assessor-collector |
|
shall calculate each calendar year an amount equal to five percent |
|
of the tax and penalties that the comptroller: |
|
(1) collected under Section 152.047, Tax Code, in the |
|
preceding calendar year; and |
|
(2) determines are attributable to sales in the |
|
county. |
|
(b) A county tax assessor-collector shall retain under |
|
Section 502.198(b) [502.102(b)] fees based on the following |
|
percentage of the amounts calculated under Subsection [subsection] |
|
(a) during each of the following fiscal years: |
|
(1) [in fiscal year 2006, 90 percent;
|
|
[(2) in fiscal year 2007, 80 percent;
|
|
[(3) in fiscal year 2008, 70 percent;
|
|
[(4) in fiscal year 2009, 60 percent;
|
|
[(5) in fiscal year 2010, 50 percent;
|
|
[(6) in fiscal year 2011, 40 percent;
|
|
[(7)] in fiscal year 2012, 30 percent; |
|
(2) [(8)] in fiscal year 2013, 20 percent; |
|
(3) [(9)] in fiscal year 2014, 10 percent; |
|
(4) [(10)] in fiscal year 2015 and succeeding years, 0 |
|
percent. |
|
(c) The county shall credit the amounts retained under |
|
Subsection (b) to the county road and bridge fund. Money credited |
|
to the fund under this section may only be used for: |
|
(1) county road construction, maintenance, and |
|
repair; |
|
(2) bridge construction, maintenance, and repair; |
|
(3) the purchase of right-of-way for road or highway |
|
purposes; or |
|
(4) the relocation of utilities for road or highway |
|
purposes. |
|
SECTION 123. Section 502.103, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.1982, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.1982 [502.103]. DISPOSITION OF OPTIONAL COUNTY |
|
ROAD AND BRIDGE FEE. Each Monday a county assessor-collector shall |
|
apportion the collections for the preceding week for a fee imposed |
|
under Section 502.401 [502.172] by: |
|
(1) crediting an amount equal to 97 percent of the |
|
collections to the county road and bridge fund; and |
|
(2) sending to the department an amount equal to three |
|
percent of the collections to defray the department's costs of |
|
administering Section 502.401 [502.172]. |
|
SECTION 124. Section 502.106, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.1983, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.1983 [502.106]. DEPOSIT OF FEES IN |
|
INTEREST-BEARING ACCOUNT. (a) Except as provided by Sections |
|
502.1982 [502.103] and 502.357 [502.104], a county |
|
assessor-collector may: |
|
(1) deposit the fees in an interest-bearing account or |
|
certificate in the county depository; and |
|
(2) send the fees to the department not later than the |
|
34th day after the date the fees are due under Section 502.357 |
|
[502.104]. |
|
(b) The county owns all interest earned on fees deposited |
|
under this section. The county treasurer shall credit the interest |
|
to the county general fund. |
|
SECTION 125. Section 502.107, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.1984, Transportation Code, to read as |
|
follows: |
|
Sec. 502.1984 [502.107]. INTEREST ON FEES. (a) A fee |
|
required to be sent to the department under this chapter bears |
|
interest for the benefit of the state highway fund at an annual rate |
|
of 10 percent beginning on the 60th day after the date the county |
|
assessor-collector collects the fee. |
|
(b) The department shall audit the registration and |
|
transfer fees collected and disbursed by each county |
|
assessor-collector and shall determine the exact amount of interest |
|
due on any fee not sent to the department. |
|
(c) The state has a claim against a county |
|
assessor-collector and the sureties on the assessor-collector's |
|
official bond for the amount of interest due on a fee. |
|
SECTION 126. Section 502.108, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, |
|
redesignated as Section 502.1985, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.1985 [502.108]. USE OF REGISTRATION FEES RETAINED |
|
BY COUNTY. (a) Money credited to the county road and bridge fund |
|
under Section 502.198 [502.102] or 502.1982 [502.103] may not be |
|
used to pay the compensation of the county judge or a county |
|
commissioner. The money may be used only for the construction and |
|
maintenance of lateral roads in the county, under the supervision |
|
of the county engineer. |
|
(b) If there is not a county engineer, the commissioners |
|
court of the county may require the services of the department's |
|
district engineer or resident engineer to supervise the |
|
construction and surveying of lateral roads in the county. |
|
(c) A county may use money allocated to it under this |
|
chapter to: |
|
(1) pay obligations issued in the construction or |
|
improvement of any roads, including state highways in the county; |
|
(2) improve the roads in the county road system; or |
|
(3) construct new roads. |
|
(d) To the maximum extent possible, contracts for roads |
|
constructed by a county using funds provided under this chapter |
|
should be awarded by competitive bids. |
|
SECTION 127. Section 502.110, Transportation Code, is |
|
transferred to Subchapter E, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.1986, Transportation Code, to read as |
|
follows: |
|
Sec. 502.1986 [502.110]. CONTINGENT PROVISION FOR |
|
DISTRIBUTION OF FEES BETWEEN STATE AND COUNTIES. If the method of |
|
distributing vehicle registration fees collected under this |
|
chapter between the state and counties is declared invalid because |
|
of inequality of collection or distribution of those fees, 60 |
|
percent of each fee shall be distributed to the county collecting |
|
the fee and 40 percent shall be sent to the state in the manner |
|
provided by this chapter. |
|
SECTION 128. The heading to Subchapter F, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER F. REGULAR REGISTRATION FEES [SPECIALIZED LICENSE
|
|
PLATES; EXEMPTIONS FOR PRIVATELY OWNED VEHICLES] |
|
SECTION 129. Section 502.160, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter F, |
|
Chapter 502, Transportation Code, and redesignated as Section |
|
502.251, Transportation Code, to read as follows: |
|
Sec. 502.251 [502.160]. FEE: MOTORCYCLE OR MOPED. The |
|
fee for a registration year for registration of a motorcycle or |
|
moped is $30. |
|
SECTION 130. Section 502.162, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter F, |
|
Chapter 502, Transportation Code, redesignated as Section 502.253, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.253 [502.162]. FEE: VEHICLES THAT WEIGH MORE THAN |
|
6,000 POUNDS. [(a)] The fee for a registration year for |
|
registration of a vehicle with a gross weight of more than 6,000 |
|
pounds is as follows unless otherwise provided in this chapter: |
|
Weight Classification |
Fee Schedule |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[(b)
The gross weight of a vehicle is the actual weight of
|
|
the vehicle, fully equipped with a body and other equipment, as
|
|
certified by a public weigher or a license and weight inspector of
|
|
the Department of Public Safety, plus its net carrying capacity.
|
|
[(c)
The net carrying capacity of a vehicle other than a bus
|
|
is the heaviest net load to be carried on the vehicle, but not less
|
|
than the manufacturer's rated carrying capacity.
|
|
[(d)
The net carrying capacity of a bus is computed by
|
|
multiplying its seating capacity by 150 pounds. The seating
|
|
capacity of a bus is:
|
|
[(1)
the manufacturer's rated seating capacity,
|
|
excluding the operator's seat; or
|
|
[(2)
if the manufacturer has not rated the vehicle for
|
|
seating capacity, a number computed by allowing one passenger for
|
|
each 16 inches of seating on the bus, excluding the operator's
|
|
seat.] |
|
SECTION 131. Section 502.166, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter F, |
|
Chapter 502, Transportation Code, redesignated as Section 502.254, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.254 [502.166]. FEE: TRAILER, TRAVEL TRAILER, OR |
|
SEMITRAILER. (a) The fee for a registration year for registration |
|
of a trailer, travel trailer, or semitrailer with a gross weight of |
|
6,000 pounds or less is $45.00. |
|
(b) [(a-1)] The fee for a registration year for |
|
registration of a trailer, travel trailer, or semitrailer with a |
|
gross weight of more than 6,000 pounds is calculated by gross weight |
|
according to Section 502.253 [502.162]. |
|
[(b)
The gross weight of a trailer or semitrailer is the
|
|
actual weight of the vehicle, as certified by a public weigher or a
|
|
license and weight inspector of the Department of Public Safety,
|
|
plus its net carrying capacity.
|
|
[(c)
The net carrying capacity of a vehicle is the heaviest
|
|
net load to be carried on the vehicle, but not less than the
|
|
manufacturer's rated carrying capacity.
|
|
[(d)
The department may issue specially designed license
|
|
plates for rental trailers and travel trailers that include, as
|
|
appropriate, the words "rental trailer" or "travel trailer."
|
|
[(e) In this section:
|
|
[(1)
"Rental fleet" means five or more vehicles that
|
|
are:
|
|
[(A) owned by the same owner;
|
|
[(B)
offered for rent or rented without drivers;
|
|
and
|
|
[(C)
designated by the owner in the manner
|
|
prescribed by the department as a rental fleet.
|
|
[(2) "Rental trailer" means a utility trailer that:
|
|
[(A)
has a gross weight of 4,000 pounds or less;
|
|
and
|
|
[(B) is part of a rental fleet.
|
|
[(3)
"Travel trailer" means a house trailer-type
|
|
vehicle or a camper trailer that is:
|
|
[(A)
less than eight feet in width or 40 feet in
|
|
length, exclusive of any hitch installed on the vehicle; and
|
|
[(B)
designed primarily for use as temporary
|
|
living quarters in connection with recreational, camping, travel,
|
|
or seasonal use and not as a permanent dwelling; provided that
|
|
"travel trailer" shall not include a utility trailer, enclosed
|
|
trailer, or other trailer not having human habitation as its
|
|
primary purpose.] |
|
SECTION 132. Section 502.167, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter F, |
|
Chapter 502, Transportation Code, redesignated as Section 502.255, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.255 [502.167]. TRUCK-TRACTOR OR COMMERCIAL MOTOR |
|
VEHICLE COMBINATION FEE; SEMITRAILER TOKEN FEE. (a) This section |
|
applies only to a truck-tractor or commercial motor vehicle with a |
|
gross weight of more than 10,000 pounds that is used or is to be used |
|
in combination with a semitrailer that has a gross weight of more |
|
than 6,000 pounds. |
|
(b) The fee for a registration year for registration of a |
|
truck-tractor or commercial motor vehicle is calculated by gross |
|
weight according to Section 502.253 [502.162]. |
|
(c) The fee for a registration year for registration of a |
|
semitrailer used in the manner described by Subsection (a), |
|
regardless of the date the semitrailer is registered, is: |
|
(1) $30, for a semitrailer being propelled by a power |
|
unit for which a permit under Section 623.011 has been issued; or |
|
(2) $15, for a semitrailer being propelled by a power |
|
unit for which a permit under Section 623.011 has not been issued. |
|
(d) A registration made under Subsection (c) is valid only |
|
when the semitrailer is used in the manner described by Subsection |
|
(a). |
|
(e) For registration purposes, a semitrailer converted to a |
|
trailer by means of an auxiliary axle assembly retains its status as |
|
a semitrailer. |
|
(f) A combination of vehicles may not be registered under |
|
this section for a combined gross weight of less than 18,000 pounds. |
|
(g) This section does not apply to: |
|
(1) a combination of vehicles that includes a vehicle |
|
that has a distinguishing license plate under Section 502.146 |
|
[504.504]; |
|
(2) a truck-tractor or commercial motor vehicle |
|
registered or to be registered with $5 distinguishing license |
|
plates for which the vehicle is eligible under this chapter; |
|
(3) a truck-tractor or commercial motor vehicle used |
|
exclusively in combination with a semitrailer of the travel trailer |
|
[housetrailer] type; or |
|
(4) a vehicle registered or to be registered: |
|
(A) with a temporary registration permit; |
|
(B) under Section 502.433 [502.163]; or |
|
(C) under Section 502.435 [502.188]. |
|
(h) The department may adopt rules to administer this |
|
section. |
|
(i) The department may issue specially designed license |
|
plates for token trailers. |
|
(j) A person may register a semitrailer under this section |
|
[for a registration period of five consecutive years] if the |
|
person: |
|
(1) applies to the department for [the five-year] |
|
registration; |
|
(2) provides proof of the person's eligibility to |
|
register the vehicle under this subsection as required by the |
|
department; and |
|
(3) pays a fee of $15, plus any applicable fee under |
|
Section 502.401 [502.172], for each year included in the |
|
registration period. |
|
[(k)
If during the five-year registration period for a
|
|
vehicle registered under Subsection (j) the amount of a fee imposed
|
|
under that subsection is increased, the owner of the vehicle is
|
|
liable to the department for the amount of the increase. If the
|
|
amount of a fee is decreased, the owner of the vehicle is not
|
|
entitled to a refund.
|
|
[(l) In this section:
|
|
[(1)
"Combined gross weight" means the empty weight of
|
|
the truck-tractor or commercial motor vehicle combined with the
|
|
empty weight of the heaviest semitrailer used or to be used in
|
|
combination with the truck-tractor or commercial motor vehicle plus
|
|
the heaviest net load to be carried on the combination during the
|
|
registration year.
|
|
[(2)
"Empty weight" means the unladen weight of the
|
|
truck-tractor or commercial motor vehicle and semitrailer
|
|
combination fully equipped, as certified by a public weigher or
|
|
license and weight inspector of the Department of Public Safety.
|
|
[(3) "Token trailer" means a semitrailer that:
|
|
[(A)
has a gross weight of more than 6,000
|
|
pounds; and
|
|
[(B)
is operated in combination with a truck or a
|
|
truck-tractor that has been issued:
|
|
[(i) an apportioned license plate;
|
|
[(ii) a combination license plate; or
|
|
[(iii) a forestry vehicle license plate.
|
|
[(4)
"Apportioned license plate" means a license plate
|
|
issued in lieu of truck license plates or combination license
|
|
plates to a motor carrier in this state who proportionally
|
|
registers a vehicle owned by the carrier in one or more other
|
|
states.
|
|
[(5)
"Combination license plate" means a license plate
|
|
issued for a truck or truck-tractor that:
|
|
[(A)
has a manufacturer's rated carrying
|
|
capacity of more than one ton; and
|
|
[(B)
is used or intended to be used in
|
|
combination with a semitrailer that has a gross weight of more than
|
|
6,000 pounds.] |
|
SECTION 133. Section 502.165, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter F, |
|
Chapter 502, Transportation Code, redesignated as Section 502.256, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.256 [502.165]. FEE: ROAD TRACTOR. The fee for a |
|
registration year for registration of a road tractor is the fee |
|
prescribed by weight as certified by a public weigher or a license |
|
and weight inspector of the Department of Public Safety under |
|
Section 502.252 [502.161] or 502.253 [502.162], as applicable. |
|
SECTION 134. The heading to Subchapter G, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER G. ADDITIONAL FEES [TEMPORARY REGISTRATION] |
|
SECTION 135. Section 502.1705, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter G, |
|
Chapter 502, Transportation Code, redesignated as Section 502.356, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 502.356 [502.1705]. [ADDITIONAL FEE FOR] AUTOMATED |
|
REGISTRATION AND TITLING [TITLE] SYSTEM. (a) In addition to other |
|
registration fees for a license plate or set of license plates or |
|
other device used as the registration insignia, a fee of $1 shall be |
|
collected. |
|
(b) The department may use money collected under this |
|
section to provide for or enhance: |
|
(1) automated on-premises and off-premises |
|
registration; and |
|
(2) services related to the titling of vehicles. |
|
SECTION 136. Section 502.1715, Transportation Code, as |
|
amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of |
|
the 79th Legislature, Regular Session, 2005, is transferred to |
|
Subchapter G, Chapter 502, Transportation Code, redesignated as |
|
Section 502.357, Transportation Code, and reenacted and amended to |
|
read as follows: |
|
Sec. 502.357 [502.1715]. FINANCIAL RESPONSIBILITY |
|
[ADDITIONAL FEE FOR CERTAIN DEPARTMENT] PROGRAMS. (a) In |
|
addition to other fees imposed for registration of a motor vehicle, |
|
at the time of application for registration or renewal of |
|
registration of a motor vehicle for which the owner is required to |
|
submit evidence of financial responsibility under Section 502.046 |
|
[502.153], the applicant shall pay a fee of $1. In addition to other |
|
fees imposed for registration of a motor vehicle, at the time of |
|
application for registration of a motor vehicle that is subject to |
|
Section 501.0234, the applicant shall pay a fee of $1. Fees |
|
collected under this section shall be remitted weekly to the |
|
department. |
|
(b) Fees collected under this section shall be deposited to |
|
the credit of the state highway fund. Subject to appropriations, |
|
the money shall be used by the Department of Public Safety to: |
|
(1) support the Department of Public Safety's |
|
reengineering of the driver's license system to provide for the |
|
issuance by the Department of Public Safety of a driver's license or |
|
personal identification certificate, to include use of image |
|
comparison technology; |
|
(2) establish and maintain a system to support the |
|
driver responsibility program under Chapter 708; and |
|
(3) make lease payments to the master lease purchase |
|
program for the financing of the driver's license reengineering |
|
project. |
|
(c) Fees collected under this section shall be deposited to |
|
the credit of the state highway fund. Subject to appropriation, the |
|
money may be used by the Department of Public Safety, the Texas |
|
Department of Insurance, the Department of Information Resources, |
|
and the department to carry out Subchapter N, Chapter 601. |
|
(d) The Department of Public Safety, the Texas Department of |
|
Insurance, the Department of Information Resources, and the |
|
department shall jointly adopt rules and develop forms necessary to |
|
administer this section. |
|
SECTION 137. Section 502.1675, Transportation Code, is |
|
transferred to Subchapter G, Chapter 502, Transportation Code, |
|
redesignated as Section 502.358, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.358 [502.1675]. TEXAS EMISSIONS REDUCTION PLAN |
|
SURCHARGE. (a) In addition to the registration fees charged under |
|
Section 502.255 [502.167], a surcharge is imposed on the |
|
registration of a truck-tractor or commercial motor vehicle under |
|
that section in an amount equal to 10 percent of the total fees due |
|
for the registration of the truck-tractor or commercial motor |
|
vehicle under that section. |
|
(b) The county tax assessor-collector shall remit the |
|
surcharge collected under this section to the comptroller at the |
|
time and in the manner prescribed by the comptroller for deposit in |
|
the Texas emissions reduction plan fund. |
|
(c) This section expires August 31, 2019. |
|
SECTION 138. Section 502.171, Transportation Code, is |
|
transferred to Subchapter G, Chapter 502, Transportation Code, |
|
redesignated as Section 502.359, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.359 [502.171]. ADDITIONAL FEE FOR CERTAIN |
|
VEHICLES USING DIESEL MOTOR. (a) The registration fee under this |
|
chapter for a motor vehicle other than a passenger car, a truck with |
|
a gross vehicle weight [manufacturer's rated carrying capacity] of |
|
18,000 pounds [two tons] or less, or a vehicle registered in |
|
combination under Section 502.255 [502.167] is increased by 11 |
|
percent if the vehicle has a diesel motor. |
|
(b) The [A county assessor-collector shall show on the] |
|
registration receipt for a motor vehicle, other than a passenger |
|
car or a truck with a gross vehicle weight [manufacturer's rated
|
|
carrying capacity] of 18,000 pounds [two tons] or less, must show |
|
that the vehicle has a diesel motor. |
|
(c) The department may adopt rules to administer this |
|
section. |
|
SECTION 139. The heading to Subchapter H, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER H. OPTIONAL FEES [OFFENSES AND PENALTIES] |
|
SECTION 140. Section 502.172, Transportation Code, is |
|
transferred to Subchapter H, Chapter 502, Transportation Code, |
|
redesignated as Section 502.401, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.401 [502.172]. OPTIONAL COUNTY FEE FOR ROAD AND |
|
BRIDGE FUND. (a) The commissioners court of a county by order may |
|
impose an additional fee, not to exceed $10, for registering a |
|
vehicle in the county. |
|
(b) A vehicle that may be registered under this chapter |
|
without payment of a registration fee may be registered in a county |
|
imposing a fee under this section without payment of the additional |
|
fee. |
|
(c) A fee imposed under this section may take effect only on |
|
January 1 of a year. The county must adopt the order and notify the |
|
department not later than September 1 of the year preceding the year |
|
in which the fee takes effect. |
|
(d) A fee imposed under this section may be removed. The |
|
removal may take effect only on January 1 of a year. A county may |
|
remove the fee only by: |
|
(1) rescinding the order imposing the fee; and |
|
(2) notifying the department not later than September |
|
1 of the year preceding the year in which the removal takes effect. |
|
(e) The county assessor-collector of a county imposing a fee |
|
under this section shall collect the additional fee for a vehicle |
|
when other fees imposed under this chapter are collected. |
|
(f) The department shall collect the additional fee on a |
|
vehicle that is owned by a resident of a county imposing a fee under |
|
this section [and] that[, under this chapter,] must be registered |
|
directly with the department. The department shall send all fees |
|
collected for a county under this subsection to the county |
|
treasurer to be credited to the county road and bridge fund. |
|
(g) The department shall adopt rules [and develop forms] |
|
necessary to administer registration [by mail] for a vehicle being |
|
registered in a county imposing a fee under this section. |
|
SECTION 141. Section 502.1725, Transportation Code, is |
|
transferred to Subchapter H, Chapter 502, Transportation Code, |
|
redesignated as Section 502.402, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.402 [502.1725]. OPTIONAL COUNTY FEE FOR |
|
TRANSPORTATION PROJECTS. (a) This section applies only to: |
|
(1) a county: |
|
(A) [(1)] that borders the United Mexican |
|
States; |
|
(B) [(2)] that has a population of more than |
|
300,000; and |
|
(C) [(3)] in which the largest municipality has a |
|
population of less than 300,000; and |
|
(2) a county that has a population of less than 50,000 |
|
that: |
|
(A) borders the United Mexican States; and |
|
(B) contains at least one federal military base. |
|
(b) The commissioners court of a county by order may impose |
|
an additional fee, not to exceed $10, for [registering] a vehicle |
|
registered in the county. |
|
(c) A vehicle that may be registered under this chapter |
|
without payment of a registration fee may be registered [in a county
|
|
imposing a fee] under this section without payment of the |
|
additional fee. |
|
(d) A fee imposed under this section may take effect [only
|
|
on January 1 of a year.
The county must adopt the order] and |
|
[notify the department not later than September 1 of the year
|
|
preceding the year in which the fee takes effect.
|
|
[(e) A fee imposed under this section may] be removed in |
|
accordance with the requirements of Section 502.401[.
The removal
|
|
may take effect only on January 1 of a year.
A county may remove the
|
|
fee only by:
|
|
[(1) rescinding the order imposing the fee; and
|
|
[(2)
notifying the department not later than September
|
|
1 of the year preceding the year in which the removal takes effect]. |
|
(e) [(f)] The [county assessor-collector of a county
|
|
imposing a fee under this section shall collect the] additional fee |
|
shall be collected for a vehicle when other fees imposed under this |
|
chapter are collected. The [county shall send the] fee revenue |
|
collected shall be sent: |
|
(1) to the regional mobility authority of the county |
|
to fund long-term transportation projects in the county if the |
|
county is included in an authority; or |
|
(2) to the county treasurer to be credited to the |
|
county public transportation fund if the county is not included in |
|
an authority. |
|
(f) [(g)
The department shall collect the additional fee on
|
|
a vehicle that is owned by a resident of a county imposing a fee
|
|
under this section and that, under this chapter, must be registered
|
|
directly with the department.
The department shall send all fees
|
|
collected for a county under this subsection to the regional
|
|
mobility authority of the county to fund long-term transportation
|
|
projects in the county.
|
|
[(h)] The department shall adopt rules [and develop forms] |
|
necessary to administer registration [by mail] for a vehicle being |
|
registered in a county imposing a fee under this section. |
|
SECTION 142. Section 502.173, Transportation Code, is |
|
transferred to Subchapter H, Chapter 502, Transportation Code, |
|
redesignated as Section 502.403, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.403 [502.173]. OPTIONAL COUNTY FEE FOR CHILD |
|
SAFETY. (a) The commissioners court of a county that has a |
|
population greater than 1.3 million and in which a municipality |
|
with a population of more than one million is primarily located may |
|
impose by order an additional fee of not less than 50 cents or more |
|
than $1.50 for [registering] a vehicle registered in the county. |
|
The commissioners court of any other county may impose by order an |
|
additional fee of not more than $1.50 for registering a vehicle in |
|
the county. |
|
(b) A vehicle that may be registered under this chapter |
|
without payment of a registration fee may be registered [in a county
|
|
imposing a fee under this section] without payment of the |
|
additional fee. |
|
(c) A fee imposed under this section may take effect [only
|
|
on January 1 of a year. The county must adopt the order] and [notify
|
|
the department not later than September 10 of the year preceding the
|
|
year in which the fee takes effect.
|
|
[(d) A fee imposed under this section may] be removed in |
|
accordance with the provisions of Section 502.401. [The removal
|
|
may take effect only on January 1 of a year. A county may remove the
|
|
fee only by:
|
|
[(1) rescinding the order imposing the fee; and
|
|
[(2)
notifying the department not later than September
|
|
1 of the year preceding the year in which the removal takes effect.] |
|
(d) [(e)] The [county assessor-collector of a county
|
|
imposing a fee under this section shall collect the] additional fee |
|
shall be collected for a vehicle when other fees imposed under this |
|
chapter are collected. |
|
(e) [(f)] A county imposing a fee under this section may |
|
deduct for administrative costs an amount of not more than 10 |
|
percent of the revenue it receives from the fee. The county may |
|
also deduct from the fee revenue an amount proportional to the |
|
percentage of county residents who live in unincorporated areas of |
|
the county. After making the deductions provided for by this |
|
subsection, the county shall send the remainder of the fee revenue |
|
to the municipalities in the county according to their population. |
|
(f) [(g)] A municipality with a population greater than |
|
850,000 shall deposit revenue from a fee imposed under this |
|
subsection to the credit of the child safety trust fund created |
|
under Section 106.001, Local Government Code. A municipality with a |
|
population less than 850,000 shall use revenue from a fee imposed |
|
under this section in accordance with Article 102.014(g), Code of |
|
Criminal Procedure. |
|
(g) [(h)] After deducting administrative costs, a county |
|
may use revenue from a fee imposed under this section only for a |
|
purpose permitted by Article 102.014(g) [Subsection (g), Article
|
|
102.014], Code of Criminal Procedure. |
|
SECTION 143. Section 502.174, Transportation Code, is |
|
transferred to Subchapter H, Chapter 502, Transportation Code, |
|
redesignated as Section 502.404, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.404 [502.174]. VOLUNTARY ASSESSMENT FOR YOUNG |
|
FARMER LOAN GUARANTEES. (a) When a person registers a commercial |
|
motor vehicle under Section 502.433 [502.163], the person shall pay |
|
a voluntary assessment of $5. |
|
(b) The county assessor-collector shall send an assessment |
|
collected under this section to the comptroller, at the time and in |
|
the manner prescribed by the Texas Agricultural Finance Authority, |
|
for deposit in the Texas agricultural fund. |
|
(c) The Texas Agricultural Finance Authority shall |
|
prescribe procedures under which an assessment collected under this |
|
section may be refunded. The county assessor-collector of the |
|
county in which an assessment is collected shall: |
|
(1) implement the refund procedures; and |
|
(2) provide notice of those procedures to a person |
|
paying an assessment at the time of payment. |
|
SECTION 144. Section 502.1745, Transportation Code, is |
|
transferred to Subchapter H, Chapter 502, Transportation Code, |
|
redesignated as Section 502.405, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.405 [502.1745]. DONOR EDUCATION, AWARENESS, AND |
|
REGISTRY PROGRAM [VOLUNTARY FEE]. (a) The department shall |
|
provide to each county assessor-collector the educational |
|
materials for prospective donors provided as required by the Donor |
|
Education, Awareness, and Registry Program of Texas under Chapter |
|
49, Health and Safety Code. The [A county assessor-collector shall
|
|
make the] educational materials shall be made available in each |
|
office authorized to accept applications for registration of motor |
|
vehicles. |
|
(b) A person may elect to pay [county assessor-collector
|
|
shall collect] an additional fee of $1 for the registration or |
|
renewal of registration of a motor vehicle to pay the costs of the |
|
Donor Education, Awareness, and Registry Program of Texas, |
|
established under Chapter 49, Health and Safety Code, and of the |
|
Texas Organ, Tissue, and Eye Donor Council, established under |
|
Chapter 113, Health and Safety Code [, if the person registering or
|
|
renewing the registration of a motor vehicle opts to pay the
|
|
additional fee]. Notwithstanding any other provision of this |
|
chapter, [the county assessor-collector shall remit] all fees |
|
collected under this subsection shall be remitted to the |
|
comptroller, who shall maintain the identity of the source of the |
|
fees. |
|
(c) Three percent of all money collected under this section |
|
may be appropriated only to the department to administer this |
|
section. |
|
SECTION 145. The heading to Subchapter I, Chapter 502, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER I. ALTERNATE REGISTRATION FEES [TRANSFER AND REMOVAL OF
|
|
LICENSE PLATES FOR THE SALE OR TRANSFER OF USED VEHICLES] |
|
SECTION 146. Section 502.164, Transportation Code, is |
|
transferred to Subchapter I, Chapter 502, Transportation Code, and |
|
redesignated as Section 502.431, Transportation Code, to read as |
|
follows: |
|
Sec. 502.431 [502.164]. FEE: MOTOR VEHICLE USED |
|
EXCLUSIVELY TO TRANSPORT AND SPREAD FERTILIZER. The fee for a |
|
registration year for registration of a motor vehicle designed or |
|
modified and used exclusively to transport to the field and spread |
|
fertilizer, including agricultural limestone, is $75. |
|
SECTION 147. Section 502.1586, Transportation Code, is |
|
transferred to Subchapter I, Chapter 502, Transportation Code, |
|
redesignated as Section 502.432, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.432 [502.1586]. [REGISTRATION PERIOD FOR
|
|
TRUCK-TRACTOR OR COMMERCIAL MOTOR] VEHICLE TRANSPORTING SEASONAL |
|
AGRICULTURAL PRODUCTS. (a) The department shall provide for a |
|
monthly registration period for a truck-tractor or a commercial |
|
motor vehicle [that]: |
|
(1) that is used exclusively to transport a seasonal |
|
agricultural product; [and] |
|
(2) that would otherwise be registered for a vehicle |
|
registration year; and |
|
(3) for which the owner can show proof of payment of |
|
the heavy vehicle use tax or exemption. |
|
(b) The department shall [adopt forms for registration
|
|
under this section. An applicant must indicate the number of months
|
|
registration is applied for.
|
|
[(c) The department shall design,] prescribe [, and
|
|
furnish] a registration receipt that is valid until the expiration |
|
of the designated registration period. |
|
(c) [(d)] The registration fee for a registration under |
|
this section is computed at a rate of one-twelfth the annual |
|
registration fee under Section 502.253 [502.162], 502.255 |
|
[502.163], or 502.433 [502.167], as applicable, multiplied by the |
|
number of months in the registration period specified in the |
|
application for the registration, which may not be less than one |
|
month or longer than six months. |
|
(d) [(e)
A person issued a registration under this section
|
|
commits an offense if the person, during the registration period
|
|
for the truck-tractor or commercial motor vehicle, uses the
|
|
truck-tractor or commercial motor vehicle for a purpose other than
|
|
to transport a seasonal agricultural product.
|
|
[(f)
A truck-tractor or commercial motor vehicle may not be
|
|
registered under this section for a registration period that is
|
|
less than one month or longer than six months.
|
|
[(g)] For purposes of this section, "to transport a seasonal |
|
agricultural product" includes any transportation activity |
|
necessary for the production, harvest, or delivery of an |
|
agricultural product that is produced seasonally. |
|
SECTION 148. Section 502.163, Transportation Code, is |
|
transferred to Subchapter I, Chapter 502, Transportation Code, |
|
redesignated as Section 502.433, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.433 [502.163]. FEE: COMMERCIAL FARM MOTOR VEHICLE |
|
[USED PRIMARILY FOR FARM PURPOSES; OFFENSE]. (a) The registration |
|
fee for a commercial motor vehicle as a farm vehicle is 50 percent |
|
of the applicable fee under Section 502.253 [502.162] if the |
|
vehicle's owner will use the vehicle for commercial purposes only |
|
to transport: |
|
(1) the person's own poultry, dairy, livestock, |
|
livestock products, timber in its natural state, or farm products |
|
to market or another place for sale or processing; |
|
(2) laborers from their place of residence to the |
|
owner's farm or ranch; or |
|
(3) without charge, materials, tools, equipment, or |
|
supplies from the place of purchase or storage to the owner's farm |
|
or ranch exclusively for the owner's use or for use on the farm or |
|
ranch. |
|
(b) A commercial motor vehicle may be registered under this |
|
section despite its use for transporting without charge the owner |
|
or a member of the owner's family: |
|
(1) to attend church or school; |
|
(2) to visit a doctor for medical treatment or |
|
supplies; or |
|
(3) for other necessities of the home or family. |
|
(c) Subsection (b) does not permit the use of a vehicle |
|
registered under this section in connection with gainful employment |
|
other than farming or ranching. |
|
(d) The department shall provide distinguishing license |
|
plates for a vehicle registered under this section. |
|
[(e)
The owner of a commercial motor vehicle registered
|
|
under this section commits an offense if the person uses or permits
|
|
to be used the vehicle for a purpose other than one permitted by
|
|
this section. Each use or permission for use in violation of this
|
|
section is a separate offense.
|
|
[(f)
An offense under this section is a misdemeanor
|
|
punishable by a fine of not less than $25 or more than $200.] |
|
SECTION 149. Section 502.351, Transportation Code, is |
|
transferred to Subchapter I, Chapter 502, Transportation Code, |
|
redesignated as Section 502.434, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.434 [502.351]. FARM VEHICLES: EXCESS WEIGHT. (a) |
|
The owner of a registered commercial motor vehicle, truck-tractor, |
|
trailer, or semitrailer may obtain a short-term permit to haul |
|
loads of a weight more than that for which the vehicle is registered |
|
by paying an additional fee before the additional weight is hauled |
|
to transport: |
|
(1) the person's own seasonal agricultural products to |
|
market or another point for sale or processing; |
|
(2) seasonal laborers from their place of residence to |
|
a farm or ranch; or |
|
(3) materials, tools, equipment, or supplies, without |
|
charge, from the place of purchase or storage to a farm or ranch |
|
exclusively for use on the farm or ranch. |
|
(b) A permit may not be issued under this section for a |
|
period that is less than one month or that: |
|
(1) is greater than one year; or |
|
(2) extends beyond the expiration of the registration |
|
year for the vehicle. |
|
(c) A permit issued under this section for a quarter must be |
|
for a calendar quarter. |
|
(d) The fee for a permit under this section is a percentage |
|
of the difference between the registration fee otherwise prescribed |
|
[by this chapter] for the vehicle and the annual fee for the desired |
|
weight, as follows: |
|
|
One month (30 consecutive days) |
10 percent |
|
|
|
|
|
|
|
Three quarters |
90 percent |
|
|
(e) The department shall design, prescribe, and furnish a |
|
sticker, plate, or other means of indicating the additional weight |
|
and the registration period for each vehicle registered under this |
|
section. |
|
SECTION 150. Section 502.188, Transportation Code, is |
|
transferred to Subchapter I, Chapter 502, Transportation Code, |
|
redesignated as Section 502.435, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.435 [502.188]. CERTAIN SOIL CONSERVATION |
|
EQUIPMENT. (a) The owner of a truck-tractor, semitrailer, or |
|
low-boy trailer used on a highway exclusively to transport the |
|
owner's soil conservation machinery or equipment used in clearing |
|
real property, terracing, or building farm ponds, levees, or |
|
ditches may register the vehicle for a fee equal to 50 percent of |
|
the fee otherwise prescribed by this chapter for the vehicle. |
|
(b) An owner may register only one truck-tractor and only |
|
one semitrailer or low-boy trailer under this section. |
|
(c) An owner [applying for registration under this section] |
|
must certify [submit a statement] that the vehicle is to be used |
|
only as provided by Subsection (a). |
|
(d) The registration receipt issued for a vehicle |
|
registered under this section must be carried in or on the vehicle |
|
and [shall] state the nature of the operation for which the vehicle |
|
may be used. [The receipt must be carried at all times in or on the
|
|
vehicle to permit ready inspection.] |
|
(e) A vehicle to which this section applies that is operated |
|
on a public highway in violation of this section is considered to be |
|
operated while unregistered and is immediately subject to the |
|
applicable registration fees and penalties prescribed by this |
|
chapter. |
|
SECTION 151. Chapter 502, Transportation Code, is amended |
|
by adding Subchapter J to read as follows: |
|
SUBCHAPTER J. REGISTRATIONS EXEMPT FROM FEES |
|
SECTION 152. Section 502.201, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter J, |
|
Chapter 502, Transportation Code, as added by this Act, |
|
redesignated as Section 502.451, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 502.451 [502.201]. [LICENSE PLATES FOR] EXEMPT |
|
VEHICLES. (a) Before license plates are issued or delivered to |
|
the owner of a vehicle that is exempt by law from payment of |
|
registration fees, the department must approve the application for |
|
registration. The department may not approve an application if |
|
there is the appearance that: |
|
(1) the vehicle was transferred to the owner or |
|
purported owner: |
|
(A) for the sole purpose of evading the payment |
|
of registration fees; or |
|
(B) in bad faith; or |
|
(2) the vehicle is not being used in accordance with |
|
the exemption requirements. |
|
(b) The department shall revoke the registration of a |
|
vehicle issued license plates under this section and may recall the |
|
plates if the vehicle is no longer: |
|
(1) owned and operated by the person whose ownership |
|
of the vehicle qualified the vehicle for the exemption; or |
|
(2) used in accordance with the exemption |
|
requirements. |
|
(c) [(d)] The department shall provide by rule for the |
|
issuance of specially designated license plates for vehicles that |
|
are exempt by law. Except as provided by Subsection (f) [(g)], the |
|
license plates must bear the word "exempt." |
|
(d) [(e)] A license plate under Subsection (c) [(d)] is not |
|
issued annually, but remains on the vehicle until: |
|
(1) the registration is revoked as provided by |
|
Subsection (b); or |
|
(2) the plate is lost, stolen, or mutilated. |
|
(e) [(f)] A person who operates on a public highway a |
|
vehicle after the registration has been revoked is liable for the |
|
penalties for failing to register a vehicle. |
|
(f) [(g)] The department shall provide by rule for the |
|
issuance of regularly designed license plates not bearing the word |
|
"exempt" for a vehicle that is exempt by law and that is: |
|
(1) a law enforcement vehicle, if the agency certifies |
|
to the department that the vehicle will be dedicated to law |
|
enforcement activities; |
|
(2) a vehicle exempt from inscription requirements |
|
under a rule adopted as provided by Section 721.003; or |
|
(3) a vehicle exempt from inscription requirements |
|
under an order or ordinance adopted by a governing body of a |
|
municipality or commissioners court of a county as provided by |
|
Section 721.005, if the applicant presents a copy of the order or |
|
ordinance. |
|
SECTION 153. Section 502.2015, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.452, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.452 [502.2015]. LIMITATION ON ISSUANCE OF EXEMPT |
|
LICENSE PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department |
|
may not issue exempt license plates for a vehicle owned by the |
|
United States, this state, or a political subdivision of this state |
|
unless when application is made for registration of the vehicle, |
|
the person who under Section 502.453 [502.202] has authority to |
|
certify to the department that the vehicle qualifies for |
|
registration under that section also certifies in writing to the |
|
department that there is printed on each side of the vehicle, in |
|
letters that are at least two inches high or in an emblem that is at |
|
least 100 square inches in size, the name of the agency, department, |
|
bureau, board, commission, or officer of the United States, this |
|
state, or the political subdivision of this state that has custody |
|
of the vehicle. The letters or emblem must be of a color |
|
sufficiently different from the body of the vehicle to be clearly |
|
legible from a distance of 100 feet. |
|
(b) The department may not issue exempt license plates for a |
|
vehicle owned by a person other than the United States, this state, |
|
or a political subdivision of this state unless, when application |
|
is made for registration of the vehicle, the person who under |
|
Section 502.453 [502.202] has authority to certify to the |
|
department that the vehicle qualifies for registration under that |
|
section also certifies in writing to the department that the name of |
|
the owner of the vehicle is printed on the vehicle in the manner |
|
prescribed by Subsection (a). |
|
(c) A peace officer listed in Article 2.12, Code of Criminal |
|
Procedure, may seize a motor vehicle displaying exempt license |
|
plates if the vehicle is: |
|
(1) operated on a public highway; and |
|
(2) not identified in the manner prescribed by |
|
Subsection (a) or (b), unless the vehicle is covered by Subsection |
|
(f). |
|
(d) A peace officer who seizes a motor vehicle under |
|
Subsection (c) may require that the vehicle be: |
|
(1) moved to the nearest place of safety off the |
|
main-traveled part of the highway; or |
|
(2) removed and placed in the nearest vehicle storage |
|
facility designated or maintained by the law enforcement agency |
|
that employs the peace officer. |
|
(e) To obtain the release of the vehicle, in addition to any |
|
other requirement of law, the owner of a vehicle seized under |
|
Subsection (c) must: |
|
(1) remedy the defect by identifying the vehicle as |
|
required by Subsection (a) or (b); or |
|
(2) agree in writing with the law enforcement agency |
|
to provide evidence to that agency, before the 10th day after the |
|
date the vehicle is released, that the defect has been remedied by |
|
identifying the vehicle as required by Subsection (a) or (b). |
|
(f) Subsections (a) and (b) do not apply to a vehicle to |
|
which Section 502.451(f) [502.201(g) or 502.206] applies. |
|
(g) For purposes of this section, an exempt license plate is |
|
a license plate issued by the department that is plainly marked with |
|
the word "exempt." |
|
SECTION 154. Section 502.202, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.453, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.453 [502.202]. GOVERNMENT-OWNED VEHICLES; PUBLIC |
|
SCHOOL BUSES; FIRE-FIGHTING VEHICLES; COUNTY MARINE LAW |
|
ENFORCEMENT VEHICLES. (a) The owner of a motor vehicle, trailer, |
|
or semitrailer may annually apply for registration under Section |
|
502.451 [502.201] and is exempt from the payment of a registration |
|
fee under this chapter if the vehicle is: |
|
(1) owned by and used exclusively in the service of: |
|
(A) the United States; |
|
(B) this state; or |
|
(C) a county, municipality, or school district in |
|
this state; |
|
(2) owned by a commercial transportation company and |
|
used exclusively to provide public school transportation services |
|
to a school district under Section 34.008, Education Code; |
|
(3) designed and used exclusively for fire fighting; |
|
(4) owned by a volunteer fire department and used |
|
exclusively in the conduct of department business; [or] |
|
(5) privately owned and used by a volunteer |
|
exclusively in county marine law enforcement activities, including |
|
rescue operations, under the direction of the sheriff's department; |
|
or |
|
(6) used by law enforcement under an alias for covert |
|
criminal investigations. |
|
(b) An application for registration under this section must |
|
be made by a person having the authority to certify that the vehicle |
|
meets the exemption requirements prescribed by Subsection (a). An |
|
application for registration under this section of a fire-fighting |
|
vehicle described by Subsection (a)(3) must include a reasonable |
|
description of the vehicle and of any fire-fighting equipment |
|
mounted on the vehicle. An application for registration under this |
|
section of a vehicle described by Subsection (a)(5) must include a |
|
statement signed by a person having the authority to act for a |
|
sheriff's department that the vehicle is used exclusively in marine |
|
law enforcement activities under the direction of the sheriff's |
|
department. |
|
SECTION 155. Section 502.203, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.454, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.454 [502.203]. VEHICLES USED BY NONPROFIT DISASTER |
|
RELIEF ORGANIZATIONS. (a) The owner of a commercial motor vehicle, |
|
trailer, or semitrailer may apply for registration under Section |
|
502.451 [502.201] and is exempt from the payment of the |
|
registration fee that would otherwise be required by this chapter |
|
if the vehicle is owned and used exclusively for emergencies by a |
|
nonprofit disaster relief organization. |
|
(b) An application for registration under this section must |
|
include: |
|
(1) a statement by the owner of the vehicle that the |
|
vehicle is used exclusively for emergencies and has not been used |
|
for any other purpose; |
|
(2) a statement signed by an officer of the nonprofit |
|
disaster relief organization that the vehicle has not been used for |
|
any purpose other than emergencies and qualifies for registration |
|
under this section; and |
|
(3) a reasonable description of the vehicle and the |
|
emergency equipment included in the vehicle. |
|
(c) An applicant for registration under this section must |
|
pay a fee of $5. |
|
(d) A commercial motor vehicle registered under this |
|
section must display the name of the organization that owns it on |
|
each front door. |
|
(e) A vehicle registered under this section must display at |
|
all times an appropriate license plate showing the vehicle's |
|
status. |
|
(f) A vehicle registered under this section that is used for |
|
any purpose other than an emergency may not again be registered |
|
under this section. |
|
SECTION 156. Section 502.2035, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, and redesignated as Section 502.455, |
|
Transportation Code, to read as follows: |
|
Sec. 502.455 [502.2035]. TRAILERS AND SEMITRAILERS OWNED BY |
|
RELIGIOUS ORGANIZATIONS. (a) A trailer or semitrailer may be |
|
registered without payment if the trailer or semitrailer is: |
|
(1) owned by an organization that qualifies as a |
|
religious organization under Section 11.20, Tax Code; and |
|
(2) used primarily for the purpose of transporting |
|
property in connection with the charitable activities and functions |
|
of the organization. |
|
(b) An application for registration under this section must |
|
include a statement signed by an officer of the religious |
|
organization stating that the trailer or semitrailer qualifies for |
|
registration under this section. |
|
SECTION 157. Section 502.204, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.456, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.456 [502.204]. EMERGENCY SERVICES VEHICLES. (a) A |
|
vehicle may be registered without payment if: |
|
(1) the vehicle is owned or leased by an emergency |
|
medical services provider that: |
|
(A) is a nonprofit entity; or |
|
(B) is created and operated by: |
|
(i) a county; |
|
(ii) a municipality; or |
|
(iii) any combination of counties and |
|
municipalities through a contract, joint agreement, or other method |
|
provided by Chapter 791, Government Code, or other law authorizing |
|
counties and municipalities to provide joint programs; and |
|
(2) the vehicle: |
|
(A) is authorized under an emergency medical |
|
services provider license issued by the Department of State [Texas
|
|
Board of] Health Services under Chapter 773, Health and Safety |
|
Code, and is used exclusively as an emergency medical services |
|
vehicle; or |
|
(B) is an emergency medical services chief or |
|
supervisor vehicle and is used exclusively as an emergency services |
|
vehicle. |
|
(b) A vehicle may be registered without payment of a |
|
registration fee if the vehicle: |
|
(1) is owned by the Civil Air Patrol, Texas Wing; and |
|
(2) is used exclusively as an emergency services |
|
vehicle by members of the Civil Air Patrol, Texas Wing. |
|
(c) An application for registration under Subsection (a) |
|
must be accompanied by a copy of the license issued by the |
|
Department of State [Texas Board of] Health Services. An |
|
application for registration of an emergency medical services |
|
vehicle must include a statement signed by an officer of the |
|
emergency medical services provider that the vehicle is used |
|
exclusively as an emergency response vehicle and qualifies for |
|
registration under this section. An application for registration |
|
of an emergency medical services chief or supervisor vehicle must |
|
include a statement signed by an officer of the emergency medical |
|
services provider stating that the vehicle qualifies for |
|
registration under this section. |
|
(d) An application for registration under Subsection (b) |
|
must include a statement signed by an officer of the Civil Air |
|
Patrol, Texas Wing, that the vehicle is used exclusively as an |
|
emergency services vehicle by members of the Civil Air Patrol, |
|
Texas Wing. |
|
(e) The department must approve an application for |
|
registration under this section as provided by Section 502.451 |
|
[502.201]. |
|
SECTION 158. Section 520.0225, Transportation Code, is |
|
transferred to Subchapter J, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.457, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.457 [520.0225]. PERSONS ON ACTIVE DUTY IN ARMED |
|
FORCES OF UNITED STATES. (a) This section applies only to a used |
|
motor vehicle that is owned by a person who: |
|
(1) is on active duty in the armed forces of the United |
|
States; |
|
(2) is stationed in or has been assigned to another |
|
nation under military orders; and |
|
(3) has registered the vehicle or been issued a |
|
license for the vehicle under the applicable status of forces |
|
agreement by: |
|
(A) the appropriate branch of the armed forces of |
|
the United States; or |
|
(B) the nation in which the person is stationed |
|
or to which the person has been assigned. |
|
(b) The requirement [in Section 520.021] that a used vehicle |
|
be registered under the law of this state does not apply to a |
|
vehicle described by Subsection (a). In lieu of delivering the |
|
license receipt to the transferee of the vehicle, as required by |
|
Section 501.0721 [520.022], the person selling, trading, or |
|
otherwise transferring a used motor vehicle described by Subsection |
|
(a) shall deliver to the transferee: |
|
(1) a letter written on official letterhead by the |
|
owner's unit commander attesting to the registration of the vehicle |
|
under Subsection (a)(3); or |
|
(2) the registration receipt issued by the appropriate |
|
branch of the armed forces or host nation. |
|
(c) A registration receipt issued by a host nation that is |
|
not written in the English language must be accompanied by: |
|
(1) a written translation of the registration receipt |
|
in English; and |
|
(2) an affidavit, in English and signed by the person |
|
translating the registration receipt, attesting to the person's |
|
ability to translate the registration receipt into English. |
|
SECTION 159. Chapter 502, Transportation Code, is amended |
|
by adding Subchapter K to read as follows: |
|
SUBCHAPTER K. OFFENSES AND PENALTIES |
|
SECTION 160. Section 502.401, Transportation Code, is |
|
transferred to Subchapter K, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.471, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.471 [502.401]. GENERAL PENALTY. (a) A person |
|
commits an offense if the person violates a provision of this |
|
chapter and no other penalty is prescribed for the violation. |
|
(b) This section does not apply to a violation of Section |
|
502.003, 502.042, 502.197 [502.101, 502.109, 502.112, 502.113,
|
|
502.114, 502.152, 502.164], or 502.431 [502.282]. |
|
(c) Unless otherwise specified, an [An] offense under this |
|
section is a misdemeanor punishable by a fine not to exceed $200. |
|
SECTION 161. Section 502.402, Transportation Code, is |
|
transferred to Subchapter K, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.472, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.472 [502.402]. OPERATION OF VEHICLE UNDER IMPROPER |
|
REGISTRATION [UNREGISTERED MOTOR VEHICLE]. [(a)] A person commits |
|
an offense if the person operates a motor vehicle that has not been |
|
registered or registered for a class other than that to which the |
|
vehicle belongs as required by law. [An offense under this
|
|
subsection is a misdemeanor punishable by a fine not to exceed
|
|
$200.] |
|
SECTION 162. Section 502.404, Transportation Code, is |
|
transferred to Subchapter K, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.473, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.473 [502.404]. OPERATION OF VEHICLE WITHOUT |
|
[LICENSE PLATE OR] REGISTRATION INSIGNIA. (a) [A person commits an
|
|
offense if the person operates on a public highway during a
|
|
registration period a passenger car or commercial motor vehicle
|
|
that does not display two license plates, at the front and rear of
|
|
the vehicle, that have been:
|
|
[(1) assigned by the department for the period; or
|
|
[(2)
validated by a registration insignia issued by
|
|
the department that establishes that the vehicle is registered for
|
|
the period.
|
|
[(b)] A person commits an offense if the person operates on |
|
a public highway during a registration period a [passenger car or
|
|
commercial] motor vehicle[, other than a vehicle assigned license
|
|
plates for the registration period,] that does not properly display |
|
the registration insignia issued by the department that establishes |
|
that the license plates have been validated for the period. |
|
(b) [(c)] A person commits an offense if the person operates |
|
on a public highway during a registration period a road tractor, |
|
motorcycle, trailer, or semitrailer that does not display [a
|
|
license plate, attached to the rear of the vehicle, that has been:
|
|
[(1) assigned by the department for the period; or
|
|
[(2) validated by] a registration insignia issued by |
|
the department that establishes that the vehicle is registered for |
|
the period. |
|
(c) This section does [(d) Subsections (a) and (b) do] not |
|
apply to a dealer operating a vehicle as provided by law. |
|
(d) [(e)
An offense under this section is a misdemeanor
|
|
punishable by a fine not to exceed $200.
|
|
[(f)
A court may dismiss a charge brought under Subsection
|
|
(a) if the defendant:
|
|
[(1)
remedies the defect before the defendant's first
|
|
court appearance; and
|
|
[(2) pays an administrative fee not to exceed $10.
|
|
[(g)] A court may dismiss a charge brought under Subsection |
|
(a) [(b)] if the defendant: |
|
(1) shows that[:
|
|
[(A)] the [passenger car or commercial] motor |
|
vehicle was issued a registration insignia by the department that |
|
was attached to the motor vehicle, establishing that [establishes
|
|
that] the vehicle was registered for the period during which the |
|
offense was committed; and |
|
[(B)
the registration insignia described in
|
|
Paragraph (A) was attached to the passenger car or commercial motor
|
|
vehicle before the defendant's first court appearance; and] |
|
(2) pays an administrative fee not to exceed $10. |
|
SECTION 163. Subchapter K, Chapter 502, Transportation |
|
Code, as added by this Act, is amended by adding Section 502.474 to |
|
read as follows: |
|
Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A |
|
person commits an offense if the person operates a vehicle for which |
|
a one-trip permit is required without the registration receipt and |
|
properly displayed temporary tag. |
|
SECTION 164. Section 502.409, Transportation Code, is |
|
transferred to Subchapter K, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.475, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.475 [502.409]. WRONG, FICTITIOUS, ALTERED, OR |
|
OBSCURED INSIGNIA [LICENSE PLATE]. (a) A person commits an offense |
|
if the person attaches to or displays on a motor vehicle a [number
|
|
plate or] registration insignia that: |
|
(1) is assigned to a different motor vehicle; |
|
(2) is assigned to the vehicle under any other motor |
|
vehicle law other than by the department; |
|
(3) is assigned for a registration period other than |
|
the registration period in effect; or |
|
(4) is fictitious[;
|
|
[(5)
has blurring or reflective matter that
|
|
significantly impairs the readability of the name of the state in
|
|
which the vehicle is registered or the letters or numbers of the
|
|
license plate number at any time;
|
|
[(6)
has an attached illuminated device or sticker,
|
|
decal, emblem, or other insignia that is not authorized by law and
|
|
that interferes with the readability of the letters or numbers of
|
|
the license plate number or the name of the state in which the
|
|
vehicle is registered; or
|
|
[(7)
has a coating, covering, protective material, or
|
|
other apparatus that:
|
|
[(A)
distorts angular visibility or
|
|
detectability;
|
|
[(B)
alters or obscures one-half or more of the
|
|
name of the state in which the vehicle is registered; or
|
|
[(C)
alters or obscures the letters or numbers of
|
|
the license plate number or the color of the plate]. |
|
(b) Except as provided by Subsection (d) [(f)], an offense |
|
under Subsection (a) is a misdemeanor punishable by a fine of not |
|
more than $200, unless it is shown at the trial of the offense that |
|
the owner knowingly altered or made illegible the letters, numbers, |
|
and other identification marks, in which case the offense is a Class |
|
B misdemeanor. |
|
(c) [Subsection (a)(7) may not be construed to apply to:
|
|
[(1)
a trailer hitch installed on a vehicle in a normal
|
|
or customary manner;
|
|
[(2)
a transponder, as defined by Section 228.057,
|
|
that is attached to a vehicle in the manner required by the issuing
|
|
authority;
|
|
[(3)
a wheelchair lift or wheelchair carrier that is
|
|
attached to a vehicle in a normal or customary manner;
|
|
[(4) a trailer being towed by a vehicle; or
|
|
[(5)
a bicycle rack that is attached to a vehicle in a
|
|
normal or customary manner.
|
|
[(d)] A court may dismiss a charge brought under Subsection |
|
(a)(3)[, (5), (6), or (7)] if the defendant: |
|
(1) remedies the defect before the defendant's first |
|
court appearance; and |
|
(2) pays an administrative fee not to exceed $10. |
|
(d) [(f)] An offense under Subsection (a)(4) is a Class B |
|
misdemeanor. |
|
SECTION 165. Subchapter K, Chapter 502, Transportation |
|
Code, as added by this Act, is amended by adding Sections 502.476, |
|
502.477, 502.478, and 502.479 to read as follows: |
|
Sec. 502.476. ANNUAL PERMITS; OFFENSE. A person who |
|
violates Section 502.093 commits an offense. |
|
Sec. 502.477. NONRESIDENT-OWNED VEHICLES USED TO TRANSPORT |
|
AGRICULTURAL PRODUCT; OFFENSE. (a) A person operating a vehicle |
|
under a permit issued under Section 502.092 commits an offense if |
|
the person transports farm products to a place of market, storage, |
|
or processing or a railhead or seaport that is farther from the |
|
place of production or point of entry, as appropriate, than the |
|
distance provided for in the permit. |
|
(b) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $25 or more than $200. |
|
Sec. 502.478. COMMERCIAL MOTOR VEHICLE USED PRIMARILY FOR |
|
AGRICULTURAL PURPOSES; OFFENSE. (a) The owner of a commercial |
|
motor vehicle registered under Section 502.433 commits an offense |
|
if the person uses or permits the use of the vehicle for a purpose |
|
other than one allowed under Section 502.433. Each use or |
|
permission of use in violation of this section is a separate |
|
offense. |
|
(b) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $25 or more than $200. |
|
Sec. 502.479. SEASONAL AGRICULTURAL VEHICLE; OFFENSE. A |
|
person issued a registration under Section 502.432 commits an |
|
offense if the person, during the registration period, uses the |
|
truck-tractor or commercial motor vehicle for a purpose other than |
|
to transport a seasonal agricultural product. |
|
SECTION 166. Section 520.014, Transportation Code, is |
|
transferred to Subchapter K, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.480, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.480 [520.014]. VIOLATION BY COUNTY |
|
ASSESSOR-COLLECTOR; PENALTY. (a) A county assessor-collector |
|
commits an offense if the county assessor-collector knowingly |
|
accepts an application for the registration of a motor vehicle |
|
that: |
|
(1) has had the original motor number or vehicle |
|
identification number removed, erased, or destroyed; and |
|
(2) does not bear a motor number or vehicle |
|
identification number assigned by the department. |
|
(b) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $10 and not more than $50. |
|
SECTION 167. Chapter 502, Transportation Code, is amended |
|
by adding Subchapter L to read as follows: |
|
SUBCHAPTER L. REGISTRATION AND TRANSFER OF USED VEHICLES |
|
SECTION 168. Section 502.451, Transportation Code, is |
|
transferred to Subchapter L, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.491, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.491 [502.451]. TRANSFER OF VEHICLE REGISTRATION |
|
[AND REMOVAL OF LICENSE PLATES]. (a) On the sale or transfer of a |
|
motor vehicle [to a dealer], [as defined by Section 503.001, who
|
|
holds a general distinguishing number issued under Chapter 503, the
|
|
dealer shall remove each license plate and] the registration |
|
insignia issued for the motor vehicle shall be removed. |
|
[(a-1)
On a sale or transfer of a motor vehicle to a person
|
|
that does not hold a general distinguishing number issued under
|
|
Chapter 503, the seller or transferor may remove each license plate
|
|
and the registration insignia issued for the motor vehicle.] |
|
(b) [A license plate removed from a motor vehicle under
|
|
Subsection (a) or (a-1) must be:
|
|
[(1)
disposed of in the manner specified by the
|
|
department; or
|
|
[(2)
transferred to another vehicle owned by the
|
|
seller or transferor as provided by Section 502.452.
|
|
[(c)] The part of the registration period remaining at the |
|
time of the sale or transfer shall continue with the vehicle being |
|
sold or transferred and does not transfer with the license plates or |
|
registration validation insignia. To continue the remainder of |
|
the registration period, the purchaser or transferee must file the |
|
documents required under Section 501.145 [520.031]. |
|
SECTION 169. Section 502.454, Transportation Code, is |
|
transferred to Subchapter L, Chapter 502, Transportation Code, as |
|
added by this Act, redesignated as Section 502.492, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 502.492 [502.454]. TEMPORARY TRANSIT PERMIT FOR A |
|
VEHICLE PURCHASED [IN A PRIVATE PARTY TRANSACTION]. (a) A |
|
purchaser [or transferee] may obtain from the department a |
|
temporary transit [single-trip] permit to operate a motor vehicle: |
|
(1) that is subject to registration in this state; |
|
(2) from which the license plates and the registration |
|
insignia have been removed as authorized by Section 502.491 or |
|
504.901 [502.451(a-1)]; and |
|
(3) that is not authorized to travel on a public |
|
roadway because the required license plates and the registration |
|
insignia are not attached to the vehicle. |
|
(b) The department may issue the permit in accordance with |
|
this section. |
|
(c) A permit issued under this section is valid for one trip |
|
between the point of origin and the destination and those |
|
intermediate points specified in the permit. |
|
(d) A permit issued under this section may not be valid for |
|
longer than a five-day period. |
|
(e) A person may obtain a permit under this section by |
|
applying, as [on a form] provided by the department, to the |
|
department. Application may be made using the department's |
|
Internet website. |
|
(f) A person is eligible to receive only one permit under |
|
this section for a motor vehicle. |
|
(g) A permit receipt issued under this section must be in |
|
[on] a manner [form] provided by the department. The receipt must |
|
contain the information required by this section and shall be |
|
carried in the vehicle at all times during which it is valid. |
|
(h) The department may refuse to issue a permit under this |
|
section for any vehicle if in the department's opinion the |
|
applicant has been involved in operations that constitute an abuse |
|
of the privilege granted under this section. |
|
SECTION 170. The heading to Chapter 504, Transportation |
|
Code, is amended to read as follows: |
|
CHAPTER 504. [SPECIALTY] LICENSE PLATES |
|
SECTION 171. Section 504.001(a), Transportation Code, is |
|
amended by adding Subdivision (3) to read as follows: |
|
(3) "Purchaser" and "seller" have the meanings |
|
assigned by Section 501.002. |
|
SECTION 172. Section 504.004, Transportation Code, is |
|
redesignated as Section 504.0011, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 504.0011 [504.004]. RULES [AND FORMS]. The board may |
|
adopt rules [and the department may issue forms] to implement and |
|
administer this chapter. |
|
SECTION 173. Section 504.002, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.002. [PROVISIONS OF] GENERAL PROVISIONS |
|
[APPLICABILITY]. Unless expressly provided by this chapter or by |
|
department rule: |
|
(1) except for license plates specified as exempt, |
|
[any vehicle is eligible to be issued specialty license plates,
|
|
provided that the department may vary the design of a license plate
|
|
to accommodate or reflect its use on a motor vehicle other than a
|
|
passenger car or light truck;
|
|
[(2)
an application for specialty license plates must
|
|
be submitted in the manner specified by the department, provided
|
|
that if issuance of a specialty license plate is limited to
|
|
particular persons or motor vehicles, the application must be
|
|
accompanied by evidence satisfactory to the department that the
|
|
applicant or the applicant's vehicle is eligible;
|
|
[(3)] the fee for issuance of a [specialty] license |
|
plate, including replacement plates, is in addition to each other |
|
fee that is paid for [or] at the time of the registration of the |
|
motor vehicle and shall be deposited to the credit of the state |
|
highway fund; |
|
(2) if the registration period is greater than 12 |
|
months, the expiration date of a specialty license plate, symbol, |
|
tab, or other device shall be aligned with the registration period, |
|
and the specialty plate fee shall be adjusted pro rata, except that |
|
if the statutory annual fee for a specialty license plate is $5 or |
|
less, it may not be prorated; |
|
(3) [(4)
each fee described by this chapter is an
|
|
annual fee, provided that the department may prorate the fee for a
|
|
specialty license plate fee on a monthly basis to align the license
|
|
plate fee to the registration period for the motor vehicle for which
|
|
the license plate was issued, and if a fee is prorated the
|
|
allocation of the fee by this chapter to an account or fund shall be
|
|
prorated in proportion;
|
|
[(5)] the department is the exclusive owner of the |
|
design of each [specialty] license plate; |
|
(4) [(6)
the director may refuse to issue a specialty
|
|
license plate with a design or alphanumeric pattern that the
|
|
director considers potentially objectionable to one or more members
|
|
of the public and the director's refusal may not be overturned in
|
|
the absence of an abuse of discretion;
|
|
[(7)
for each specialty license plate that is issued
|
|
through a county tax assessor-collector and for which the
|
|
department is allocated a portion of a fee for administrative
|
|
costs, the department shall credit 50 cents from its administrative
|
|
costs to the county treasurer of the applicable county, who shall
|
|
credit the money to the general fund of the county to defray the
|
|
costs to the county of administering this chapter;
|
|
[(8)] if a [specialty] license plate is lost, stolen, |
|
or mutilated, an application for a replacement plate must be |
|
accompanied by the fee prescribed by Section 502.060 |
|
[502.184(a)(2);
|
|
[(9)
if the owner of a motor vehicle for which a
|
|
specialty license plate is issued disposes of the vehicle or for any
|
|
reason ceases to be eligible for that specialty license plate, the
|
|
owner shall return the specialty license plate to the department]; |
|
and |
|
(5) the department shall prepare the designs and |
|
specifications of license plates [(10)
a person who is issued a
|
|
specialty license plate may not transfer it to another person or
|
|
vehicle without first receiving approval from the department]. |
|
SECTION 174. Section 504.103, Transportation Code, is |
|
transferred to Subchapter A, Chapter 504, Transportation Code, |
|
redesignated as Section 504.005, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 504.005 [504.103]. DESIGN AND ALPHANUMERIC PATTERN. |
|
(a) The department has sole control over the design, typeface, |
|
color, and alphanumeric pattern for all [a personalized] license |
|
plates [plate]. |
|
(b) The department shall prepare the designs and |
|
specifications of license plates and devices selected by the board |
|
to be used as a unique identifier. |
|
(c) The department shall design each license plate to |
|
include a design at least one-half inch wide that represents in |
|
silhouette the shape of Texas and that appears between letters and |
|
numerals. The department may omit the silhouette of Texas from |
|
specially designed license plates. |
|
(d) To promote highway safety, each license plate shall be |
|
made with a reflectorized material that provides effective and |
|
dependable brightness for the period for which the plate is issued. |
|
SECTION 175. Subchapter A, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.0051 to read as follows: |
|
Sec. 504.0051. PERSONALIZED LICENSE PLATES. (a) The |
|
department shall issue personalized license plates, including |
|
those issued in accordance with the marketing vendor as provided in |
|
Subchapter J. The department may not issue more than one set of |
|
license plates with the same alphanumeric pattern. |
|
(b) The department may not issue a replacement set of |
|
personalized plates to the same person before the period set by rule |
|
unless the applicant for issuance of replacement plates pays the |
|
fee required by Section 504.007. |
|
SECTION 176. Section 502.053, Transportation Code, is |
|
transferred to Subchapter A, Chapter 504, Transportation Code, |
|
redesignated as Section 504.006, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 504.006 [502.053]. COST OF MANUFACTURING [LICENSE
|
|
PLATES OR REGISTRATION INSIGNIA]. (a) The department shall |
|
reimburse the Texas Department of Criminal Justice for the cost of |
|
manufacturing license plates [or registration insignia] as [the
|
|
license plates or insignia and] the invoices [invoice] for the |
|
license plates [or insignia] are delivered to the department. |
|
(b) When manufacturing is started, the Texas Department of |
|
Criminal Justice and [,] the department, [and the comptroller,] |
|
after negotiation, shall set the price to be paid for each license |
|
plate [or insignia]. The price must be determined from: |
|
(1) the cost of metal, paint, and other materials |
|
purchased; |
|
(2) the inmate maintenance cost per shift [day]; |
|
(3) overhead expenses; |
|
(4) miscellaneous charges; and |
|
(5) a previously agreed upon [approved] amount of |
|
profit for the work. |
|
[(c)
The annual profit received by the Texas Department of
|
|
Criminal Justice from all contracts for the manufacturing of
|
|
license plates or related manufacturing may not be less than the
|
|
profit received by the Texas Department of Corrections for
|
|
manufacturing license plates for use in 1974.] |
|
SECTION 177. Section 502.1841, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter A, |
|
Chapter 504, Transportation Code, redesignated as Section 504.007, |
|
Transportation Code, and amended to read as follows: |
|
Sec. 504.007 [502.1841]. REPLACEMENT LICENSE PLATES. (a) |
|
The owner of a registered motor vehicle may obtain replacement |
|
license plates for the vehicle by: |
|
(1) certifying that the replacement plates will not be |
|
used on any other vehicle owned or operated by the person making the |
|
statement; |
|
(2) paying a fee of $6 plus the fee required by Section |
|
502.356(a) [502.1705(a)] for each set of replacement license |
|
plates, unless otherwise specified by law; and |
|
(3) returning to the department each license plate in |
|
the owner's possession for which a replacement license plate is |
|
obtained. |
|
(b) Replacement license plates may not be issued except as |
|
provided by this section. |
|
(c) A county assessor-collector shall retain $2.50 of each |
|
fee collected under this section and forward the remainder of the |
|
fee to the department. |
|
(d) The fee required by this section applies to the issuance |
|
of license plates for a transferred used vehicle for which the |
|
registration and license plates were not transferred under Section |
|
504.901 [Subchapter I]. |
|
(e) Replacement license plates may be used in the |
|
registration year in which the plates are issued and during each |
|
succeeding year of the registration period as set by rule if the |
|
registration insignia is properly displayed on the vehicle. |
|
(f) Subsection (e) does not apply to the issuance of |
|
specialized license plates for limited distribution, including |
|
exempt plates for governmental entities and temporary registration |
|
plates. |
|
SECTION 178. Subchapter A, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.008 to read as follows: |
|
Sec. 504.008. SPECIALTY LICENSE PLATES. (a) The |
|
department shall prepare the designs and specifications of |
|
specialty license plates. |
|
(b) Any motor vehicle other than a vehicle manufactured for |
|
off-highway use only is eligible to be issued specialty license |
|
plates, provided that the department may vary the design of a |
|
license plate to accommodate or reflect its use on a motor vehicle |
|
other than a passenger car or light truck. |
|
(c) An application for specialty license plates must be |
|
submitted in the manner specified by the department, provided that |
|
if issuance of a specialty license plate is limited to particular |
|
persons or motor vehicles, the application must be accompanied by |
|
evidence satisfactory to the department that the applicant or the |
|
applicant's vehicle is eligible. |
|
(d) Each fee described by this chapter is an annual fee, |
|
provided that the department may prorate the fee for a specialty |
|
license plate fee on a monthly basis to align the license plate fee |
|
to the registration month for the motor vehicle for which the |
|
license plate was issued, and if a fee is prorated the allocation of |
|
the fee by this chapter to an account or fund shall be prorated in |
|
proportion. |
|
(e) The director or the director's designee may refuse to |
|
issue a specialty license plate with a design or alphanumeric |
|
pattern that the director or designee considers potentially |
|
objectionable to one or more members of the public and the director |
|
or designee's refusal may not be overturned in the absence of an |
|
abuse of discretion. |
|
(f) For each specialty license plate that is issued by a |
|
county assessor-collector and for which the department is allocated |
|
a portion of the fee for administrative costs, the department shall |
|
credit 50 cents from its administrative costs to the county |
|
treasurer of the applicable county, who shall credit the money to |
|
the general fund of the county to defray the costs to the county of |
|
administering this chapter. |
|
(g) If the owner of a motor vehicle for which a specialty |
|
license plate is issued disposes of the vehicle or for any reason |
|
ceases to be eligible for that specialty license plate, the owner |
|
shall return the specialty license plate to the department. |
|
(h) A person who is issued a specialty license plate may not |
|
transfer the plate to another person or vehicle unless the |
|
department approves the transfer. |
|
SECTION 179. Section 504.003, Transportation Code, is |
|
redesignated as Section 504.009, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 504.009 [504.003]. SOUVENIR LICENSE PLATES. (a) The |
|
department may issue a souvenir version of any specialty license |
|
plate for any vehicle[, including a motorcycle]. |
|
(b) The fee for a single souvenir license plate is $20. The |
|
fee shall be deposited to the credit of the state highway fund |
|
unless the souvenir license plate is a replica of a specialty |
|
license plate issued under Subchapter G or I for which the fee is |
|
deposited to an account other than the state highway fund, in which |
|
case: |
|
(1) $10 of the fee for the souvenir license plate shall |
|
be deposited to the credit of the designated account; and |
|
(2) $10 of the fee for the souvenir license plate shall |
|
be deposited to the credit of the state highway fund. |
|
(c) If a souvenir license plate issued before November 19 |
|
[September 1], 2009, is personalized, the fee for the plate is |
|
$40. Of the fee: |
|
(1) $20 shall be deposited to the credit of the state |
|
highway fund; |
|
(2) $10 shall be deposited to the credit of the |
|
designated account if the souvenir license plate is a replica of a |
|
specialty license plate issued under Subchapter G or I for which the |
|
fee is deposited to a designated account other than the state |
|
highway fund; and |
|
(3) the remainder shall be deposited to the credit of |
|
the general revenue fund. |
|
(c-1) The fee for a souvenir license plate issued on or |
|
after November 19 [September 1], 2009, is the amount established |
|
under Section 504.851(c). |
|
(d) A souvenir license plate may not be used on a motor |
|
vehicle[, including a motorcycle,] and is not an insignia of |
|
registration for a motor vehicle. Each souvenir license plate must |
|
be identified by the department in a way that identifies it to law |
|
enforcement officers and others as a souvenir license plate. |
|
(e) A beneficiary of a specialty license plate issued under |
|
Subchapter G or I, as designated by the applicable section of those |
|
subchapters, may purchase the specialty license plates, in minimum |
|
amounts determined by the department [boxes of 25], for use or |
|
resale by the beneficiary. The beneficiary shall pay the required |
|
fee per plate, less the amount of the fee that would be deposited to |
|
the credit of the designated account. |
|
SECTION 180. Subchapter A, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.010 to read as follows: |
|
Sec. 504.010. ISSUANCE AND PLACEMENT OF LICENSE PLATE. (a) |
|
On payment of the prescribed fee, an applicant for motor vehicle |
|
registration shall be issued a license plate or set of plates. |
|
(b) Subject to Section 504.901, the department shall issue |
|
only one license plate or set of plates for a vehicle during the |
|
registration period set by rule. |
|
(c) The board may adopt rules regarding the placement of |
|
license plates for a motor vehicle, road tractor, motorcycle, |
|
trailer, or semitrailer. |
|
SECTION 181. Subchapter B, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.101 to read as follows: |
|
Sec. 504.101. PERSONALIZED LICENSE PLATES. The department |
|
shall issue personalized license plates, including those sold by |
|
the private vendor under a contract with the department as provided |
|
by Section 504.851. |
|
SECTION 182. Sections 504.201(b), (d), and (g), |
|
Transportation Code, are amended to read as follows: |
|
(b) The department shall issue specialty license plates for |
|
a motor vehicle that: |
|
(1) has a gross vehicle weight [manufacturer's rated
|
|
carrying capacity] of 18,000 pounds [two tons] or less; and |
|
(2) is regularly operated for noncommercial use by or |
|
for the transportation of a person with a permanent disability. |
|
(d) Except as provided by Subsection (d-1), the initial |
|
application for specialty license plates under this section must be |
|
accompanied by a written statement from a physician who is licensed |
|
to practice medicine in this state or in a state adjacent to this |
|
state or who is authorized by applicable law to practice medicine in |
|
a hospital or other health facility of the Department of Veterans |
|
Affairs. If the applicant has a mobility problem caused by a |
|
disorder of the foot, the written statement may be issued by a |
|
person licensed to practice podiatry in this state or a state |
|
adjacent to this state. In this subsection, "podiatry" has the |
|
meaning assigned by Section 681.001. The statement must certify |
|
that the person making the application or on whose behalf the |
|
application is made is legally blind or has a mobility problem that |
|
substantially impairs the person's ability to ambulate. The |
|
statement must also certify whether a mobility problem is temporary |
|
or permanent. A written statement is not required as acceptable |
|
medical proof if: |
|
(1) the person with a disability: |
|
(A) has had a limb, hand, or foot amputated; or |
|
(B) must use a wheelchair; and |
|
(2) the applicant executes a statement [and the county
|
|
assessor-collector processing the application execute an
|
|
affidavit] attesting to the person's disability before the county |
|
assessor-collector. |
|
(g) In addition to a license plate issued under this |
|
section, an eligible person is entitled to be issued a set of the |
|
license plates for each motor vehicle owned by the person that has a |
|
gross vehicle weight [carrying capacity] of 18,000 pounds [two
|
|
tons] or less and is equipped with special equipment that: |
|
(1) is designed to allow a person who has lost the use |
|
of one or both of the person's legs to operate the vehicle; and |
|
(2) is not standard equipment on that type of vehicle |
|
for use by a person who has use of both legs. |
|
SECTION 183. Section 504.202, Transportation Code, is |
|
amended by amending Subsections (b) and (f) and adding Subsection |
|
(i) to read as follows: |
|
(b) A veteran of the United States armed forces is entitled |
|
to register, for the person's own use, motor vehicles under this |
|
section if: |
|
(1) the person has suffered, as a result of military |
|
service: |
|
(A) at least a 50 percent service-connected |
|
disability; or |
|
(B) a 40 percent service-connected disability |
|
because of the amputation of a lower extremity; |
|
(2) the person receives compensation from the United |
|
States because of the disability; and |
|
(3) the motor vehicle: |
|
(A) is owned by the person; and |
|
(B) has a gross vehicle weight [manufacturer's
|
|
rated carrying capacity] of 18,000 pounds [two tons] or less. |
|
(f) The fee for the first set of license plates is $3. There |
|
is no fee for each additional set of license plates. [If a license
|
|
plate is lost, stolen, or mutilated, on payment of a $1 fee the
|
|
department shall issue a set of replacement plates.] |
|
(i) A license plate with the letters "DV" may be |
|
personalized with up to four characters. |
|
SECTION 184. Section 504.203(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) An application for license plates under this section |
|
must be accompanied by a written statement acknowledged [signed] by |
|
the administrator or manager of the institution, facility, or |
|
retirement community certifying that the institution, facility, or |
|
retirement community regularly transports, as a part of the |
|
services that the institution, facility, or retirement community |
|
provides, one or more eligible persons who reside in the |
|
institution, facility, or retirement community. The department |
|
shall determine the eligibility of the institution, facility, or |
|
retirement community on the evidence the applicant provides. |
|
SECTION 185. Section 504.301, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.301. PROVISIONS GENERALLY APPLICABLE TO MILITARY |
|
SPECIALTY LICENSE PLATES. (a) Unless expressly provided by this |
|
subchapter or department rule: |
|
(1) the department shall design specialty license |
|
plates for the military; and |
|
(2) a person is not eligible to be issued a specialty |
|
license plate under this subchapter if the person was discharged |
|
from the armed forces under conditions less than honorable. |
|
(b) Notwithstanding any other provision of this subchapter, |
|
the department may design the wording on the specialty license |
|
plates to accommodate legibility and reflectivity. |
|
SECTION 186. Section 504.3011, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.3011. DESIGN OF CERTAIN LICENSE PLATES FOR THE |
|
MILITARY. [(a)
License plates issued under Section 504.303 must
|
|
at a minimum bear a color depiction of the emblem of the appropriate
|
|
branch of the United States armed forces.
|
|
[(b)
License plates issued under Section 504.308(a) or
|
|
504.315(e), (f), or (g) must at a minimum bear a color depiction of
|
|
the appropriate medal.
|
|
[(c)] The department shall design military license plates |
|
that: |
|
(1) bear a color depiction of the emblem of the |
|
appropriate branch of the United States armed forces or a color |
|
depiction of the appropriate medal as provided by the United States |
|
Department of Defense; and |
|
(2) include the words "Honorably Discharged" for |
|
license plates issued to former members of the United States armed |
|
forces [to which this section applies in consultation with veterans
|
|
organizations]. |
|
SECTION 187. Section 504.315(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The department shall issue specialty license plates for |
|
survivors of the attack on Pearl Harbor on December 7, 1941. The |
|
license plates must include the words "Pearl Harbor Survivor." [and
|
|
must be consecutively numbered.] A person is eligible if the |
|
person: |
|
(1) served in the United States armed forces; |
|
(2) was stationed in the Hawaiian Islands on December |
|
7, 1941; and |
|
(3) survived the attack on Pearl Harbor on December 7, |
|
1941. |
|
SECTION 188. Subchapter D, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.317 to read as follows: |
|
Sec. 504.317. SURVIVING SPOUSES OF DISABLED VETERANS |
|
SPECIALTY LICENSE PLATES. (a) In this section, "surviving spouse" |
|
means the individual married to a disabled veteran at the time of |
|
the veteran's death. |
|
(b) The department shall issue specialty license plates for |
|
surviving spouses of disabled veterans of the United States armed |
|
forces. |
|
SECTION 189. Subchapter E, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.400 to read as follows: |
|
Sec. 504.400. FEES FOR CERTAIN RESTRICTED PLATES. The |
|
department shall issue, without charge, not more than three sets of |
|
specialty license plates under this subchapter. |
|
SECTION 190. Sections 504.401(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The department shall issue [without charge] specialty |
|
license plates that include the words "State Official" to a state |
|
official. [The license plates must include the words "State
|
|
Official."] |
|
(c) The registration remains [license plates remain] valid |
|
until December 31 of each year. |
|
SECTION 191. Section 504.402(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue [without charge] specialty |
|
license plates to [for] members of congress, which [. License
|
|
plates issued under this section] must include the words "U.S. |
|
Congress." |
|
SECTION 192. Section 504.403(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue [without charge] specialty |
|
license plates for a current or visiting state or federal judge. |
|
The license plates must include the words "State Judge" or "U.S. |
|
Judge," as appropriate. |
|
SECTION 193. Section 504.403(d)(2), Transportation Code, |
|
is amended to read as follows: |
|
(2) "State judge" means: |
|
(A) a justice of the supreme court; |
|
(B) a judge of the court of criminal appeals; |
|
(C) a judge of a court of appeals of this state; |
|
(D) a district court judge; |
|
(E) a presiding judge of an administrative |
|
judicial district; or |
|
(F) a statutory county court judge. |
|
SECTION 194. Section 504.404(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue [without charge] specialty |
|
license plates to [for] current federal administrative law judges |
|
that [. The license plates shall] bear the words "U.S. A. L. |
|
Judge." |
|
SECTION 195. Section 504.405(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue [without charge] specialty |
|
license plates for current county judges of this state that[. The
|
|
license plates shall] bear the words "County Judge." |
|
SECTION 196. Section 504.406, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.406. TEXAS CONSTABLES. The department shall issue |
|
[without charge] specialty license plates for Texas constables |
|
that[. The license plates shall] bear the words "Texas Constable." |
|
SECTION 197. Section 504.412, Transportation Code, is |
|
redesignated as Section 504.4061, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 504.4061 [504.412]. FOREIGN ORGANIZATION VEHICLES. |
|
(a) The department shall issue specialty license plates for an |
|
instrumentality established by a foreign government recognized by |
|
the United States before January 1, 1979, that is without official |
|
representation or diplomatic relations with the United States. The |
|
license plates must include the words "Foreign Organization" and |
|
shall remain valid for seven [five] years. |
|
(b) A person entitled to specialty license plates under this |
|
section may register the vehicle without payment of any fee paid for |
|
or at the time of registration. |
|
SECTION 198. Section 504.509, Transportation Code, as |
|
effective September 1, 2011, is transferred to Subchapter E, |
|
Chapter 504, Transportation Code, and redesignated as Section |
|
504.415, Transportation Code, to read as follows: |
|
Sec. 504.415 [504.509]. VEHICLES CARRYING MOBILE AMATEUR |
|
RADIO EQUIPMENT. The department shall issue specialty license |
|
plates for a person who holds an amateur radio station license |
|
issued by the Federal Communications Commission and who operates |
|
receiving and transmitting mobile amateur radio equipment. The |
|
license plates shall include the person's amateur call letters as |
|
assigned by the Federal Communications Commission. A person may |
|
register more than one vehicle equipped with mobile amateur radio |
|
equipment under this section, and the department shall issue |
|
license plates that include the same amateur call letters for each |
|
vehicle. |
|
SECTION 199. Section 504.501(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A person eligible for the license plates may instead use |
|
license plates that were issued by this state in the same year as |
|
the model year of the vehicle and are approved by the department [if
|
|
the plates are approved for the vehicle before January 1, 2011]. The |
|
department may require the attachment of a registration insignia to |
|
the license plate in a manner that does not affect the display of |
|
information originally on the license plate. |
|
SECTION 200. The heading to Subchapter F, Chapter 504, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER F. SPECIALTY LICENSE PLATES WITH RESTRICTED |
|
DISTRIBUTION AND REGULAR LICENSE PLATE FEES [FOR CERTAIN VEHICLES] |
|
SECTION 201. Section 504.502(g), Transportation Code, is |
|
amended to read as follows: |
|
(g) A person entitled to specialty license plates or to |
|
department approval under this section may register the vehicle |
|
without payment of any fees paid for or at the time of registration |
|
except the fee for the license plate. [An owner of a vehicle
|
|
registered under this subsection who violates this section commits
|
|
an offense. An offense under this section is a misdemeanor
|
|
punishable by a fine of not less than $5 or more than $200.] |
|
SECTION 202. Section 504.503, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.503. MUNICIPAL, MOTOR, AND PRIVATE BUSES. |
|
[(a)] The department shall issue without charge specialty license |
|
plates for municipal buses, motor buses, and private buses. The |
|
license plates must include the words "City Bus," "Motor Bus," or |
|
"Private Bus," as appropriate. |
|
[(b) In this section, "private bus" means a bus that:
|
|
[(1) is not operated for hire; and
|
|
[(2)
is not classified as a municipal bus or a motor
|
|
bus.] |
|
SECTION 203. The heading to Section 504.506, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 504.506. [CERTAIN] LOG LOADER VEHICLES. |
|
SECTION 204. Sections 504.407 and 504.408, Transportation |
|
Code, are transferred to Subchapter F, Chapter 504, Transportation |
|
Code, and redesignated as Sections 504.511 and 504.512, |
|
Transportation Code, to read as follows: |
|
Sec. 504.511 [504.407]. PEACE OFFICERS WOUNDED OR KILLED |
|
IN LINE OF DUTY. (a) The department shall issue specialty license |
|
plates for: |
|
(1) a person wounded in the line of duty as a peace |
|
officer; or |
|
(2) a surviving spouse, parent, brother, sister, or |
|
adult child, including an adopted child or stepchild, of a person |
|
killed in the line of duty as a peace officer. |
|
(b) License plates issued under this section must include |
|
the words "To Protect and Serve" above an insignia depicting a |
|
yellow rose superimposed over the outline of a badge. |
|
(c) The fee for issuance of the license plates is $20. |
|
(d) In this section, "peace officer" has the meaning |
|
assigned by Section 1.07, Penal Code. |
|
Sec. 504.512 [504.408]. GOLD STAR MOTHER, SPOUSE, OR |
|
FAMILY MEMBER. (a) The department shall issue a specialty license |
|
plate for the mother, surviving spouse, or immediate family member |
|
of a person who died while serving in the United States armed |
|
forces. License plates issued under this section must include the |
|
words "Gold Star Mother," "Gold Star Spouse," or "Gold Star Family" |
|
and a gold star. A person may not be issued more than one set of the |
|
license plates at a time. |
|
(a-1) In this section "immediate family member" means the |
|
parent, child, or sibling of a person who died while serving in the |
|
United States armed forces. |
|
(b) The fee for issuance of the license plates is $10. |
|
SECTION 205. Section 504.409, Transportation Code, as |
|
effective September 1, 2011, and as amended by Chapters 1136 (H.B. |
|
2553) and 1381 (S.B. 1616), Acts of the 81st Legislature, Regular |
|
Session, 2009, is transferred to Subchapter F, Chapter 504, |
|
Transportation Code, redesignated as Section 504.513, |
|
Transportation Code, and reenacted and amended to read as follows: |
|
Sec. 504.513 [504.409]. FIREFIGHTERS. (a) The department |
|
shall issue specialty license plates for: |
|
(1) volunteer firefighters certified by: |
|
(A) the Texas Commission on Fire Protection; or |
|
(B) the State Firemen's and Fire Marshals' |
|
Association of Texas; and |
|
(2) fire protection personnel as that term is defined |
|
by Section 419.021, Government Code. |
|
(b) [(c)] A person may be issued not more than three sets of |
|
license plates. |
|
SECTION 206. Sections 504.410 and 504.411, Transportation |
|
Code, are transferred to Subchapter F, Chapter 504, Transportation |
|
Code, redesignated as Sections 504.514 and 504.515, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 504.514 [504.410]. EMERGENCY MEDICAL SERVICES |
|
PERSONNEL. (a) The department shall issue specialty license |
|
plates for emergency medical services personnel certified by the |
|
[Texas] Department of State Health Services under Subchapter C, |
|
Chapter 773, Health and Safety Code. |
|
(b) The fee for issuance of the license plates is $8. |
|
(c) A person may be issued only one set of the license |
|
plates. |
|
Sec. 504.515 [504.411]. HONORARY CONSULS. (a) The |
|
department shall issue specialty license plates for a person who is |
|
an honorary consul authorized by the United States to perform |
|
consular duties. License plates issued under this section must |
|
include the words "Honorary Consul." |
|
(b) The fee for issuance of the license plates is $40. |
|
SECTION 207. Subchapter F, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.516 to read as follows: |
|
Sec. 504.516. RENTAL TRAILER OR TRAVEL TRAILER FEE: |
|
TRAILER OR SEMITRAILER. (a) The department may issue specially |
|
designed license plates for rental trailers and travel trailers |
|
that include, as appropriate, the words "rental trailer" or "travel |
|
trailer." |
|
(b) In this section: |
|
(1) "Rental fleet" means vehicles that are designated |
|
in the manner prescribed by the department as a rental fleet. |
|
(2) "Rental trailer" means a utility trailer. |
|
(3) "Travel trailer" has the meaning assigned by |
|
Section 501.002. |
|
SECTION 208. Section 504.6011, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (d) to |
|
read as follows: |
|
(a) The sponsor of a specialty license plate [authorized to
|
|
be issued under this subchapter before September 1, 2009,] may |
|
contract with the private vendor authorized under Subchapter J for |
|
the marketing and sale of the specialty license plate. |
|
(d) A sponsor of a specialty license plate authorized to be |
|
issued under this subchapter before November 19, 2009, may |
|
reestablish its specialty license plate under Sections 504.601 and |
|
504.702 and be credited its previous deposit with the department if |
|
a contract entered into by the sponsor under Subsection (a) |
|
terminates. |
|
SECTION 209. Section 504.614, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) The department may issue specialty license plates that |
|
include the name and insignia of a professional sports team located |
|
in this state. The department shall design the license plates in |
|
consultation with the professional sports team and may enter a |
|
trademark license with the professional sports team or its league |
|
to implement this section. A license plate may be issued under this |
|
section only for a professional sports team that: |
|
(1) certifies to the department that the requirements |
|
of Section 504.702 are met [it has determined that at least 3,500
|
|
persons will apply for the plates]; and |
|
(2) plays its home games in a facility constructed or |
|
operated, in whole or in part, with public funds. |
|
(b-1) A public entity that receives money under Subsection |
|
(b) may contract with the private vendor under Section 504.6011 to |
|
distribute the entity's portion of the money in a manner other than |
|
that described by Subsection (b). |
|
SECTION 210. Section 504.615, Transportation Code, is |
|
amended by amending Subsections (a) and (e) and adding Subsection |
|
(d-1) to read as follows: |
|
(a) The department shall issue specialty license plates |
|
that include the name and insignia of a college. The department |
|
shall design the license plates in consultation with the applicable |
|
college. The department may issue a license plate under this |
|
section only for a college that certifies to the department that the |
|
requirements of Section 504.702 are met [it has determined that at
|
|
least 1,500 persons will apply for the plates]. |
|
(d-1) If the fee is for the issuance of license plates for a |
|
college described by Subsection (e)(3), the money: |
|
(1) shall be deposited to the credit of the Texas |
|
Higher Education Coordinating Board; and |
|
(2) is supplementary and is not income for purposes of |
|
reducing general revenue appropriations to that board. |
|
(e) In this section, "college" means: |
|
(1) an institution of higher education as defined by |
|
Section 61.003, Education Code; [or] |
|
(2) a private college or university described by |
|
Section 61.222, Education Code; or |
|
(3) a college or university that is not located in this |
|
state. |
|
SECTION 211. Section 504.616(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue specialty license plates |
|
including the words "Texas Reads" that ["Texas Reads." The
|
|
department shall design the license plates to] incorporate one or |
|
more submissions from middle school students in a competition |
|
conducted by the department. |
|
SECTION 212. The heading to Section 504.642, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 504.642. TEXAS COUNCIL OF [COUNTY] CHILD WELFARE |
|
BOARDS [BOARD] LICENSE PLATES. |
|
SECTION 213. Section 504.642(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue Texas Council of [County] |
|
Child Welfare Boards specialty license plates. The department |
|
shall design the license plates in consultation with the Texas |
|
Council of Child Welfare Boards, Inc. |
|
SECTION 214. Section 504.647(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall issue Fight Terrorism specialty |
|
license plates that [. The license plates shall] include a |
|
pentagon-shaped border surrounding: |
|
(1) the date "9-11-01" with the likeness of the World |
|
Trade Center towers forming the "11"; |
|
(2) the likeness of the United States flag; and |
|
(3) the words "Fight Terrorism." |
|
SECTION 215. Section 504.413, Transportation Code, is |
|
transferred to Subchapter G, Chapter 504, Transportation Code, and |
|
redesignated as Section 504.659, Transportation Code, to read as |
|
follows: |
|
Sec. 504.659 [504.413]. MEMBERS OF AMERICAN LEGION. |
|
(a) The department shall issue specialty license plates for |
|
members of the American Legion. The license plates shall include |
|
the words "Still Serving America" and the emblem of the American |
|
Legion. The department shall design the license plates in |
|
consultation with the American Legion. |
|
(b) The fee for the license plates is $30. |
|
(c) After deduction of $8 to reimburse the department for |
|
its administrative costs, the remainder of the fee for issuance of |
|
the license plates shall be deposited to the credit of the American |
|
Legion, Department of Texas account in the state treasury. Money in |
|
the account may be used only by the Texas Veterans Commission in |
|
making grants to the American Legion Endowment Fund for |
|
scholarships and youth programs sponsored by the American Legion, |
|
Department of Texas. |
|
SECTION 216. Section 504.702, Transportation Code, is |
|
amended by amending Subsection (b) and adding Subsections (e) and |
|
(f) to read as follows: |
|
(b) The department may manufacture the specialty license |
|
plates only if a request for manufacture of the license plates is |
|
filed with the department. The request must be: |
|
(1) made in [on] a manner prescribed [form adopted] by |
|
the department; |
|
(2) filed before the fifth anniversary of the |
|
effective date of the law that authorizes the issuance of the |
|
specialty license plates; and |
|
(3) accompanied by[:
|
|
[(A)] a deposit of $8,000[; or
|
|
[(B)
applications for issuance of at least 1,900
|
|
sets of the license plates plus the fees for issuance of that number
|
|
of sets]. |
|
(e) The department may issue license plates under: |
|
(1) Section 504.614 for a particular professional |
|
sports team only if $8,000 has been deposited with the department |
|
for that sports team; or |
|
(2) Section 504.615 for a particular institution of |
|
higher education or private college or university only if $8,000 |
|
has been deposited with the department for that institution, |
|
college, or university. |
|
(f) Money deposited with the department under Subsection |
|
(b)(3) or (e) shall be returned by the department to the person who |
|
made the deposit after 800 sets of plates have been issued. |
|
SECTION 217. Sections 504.801(a), (b), (d), and (d-1), |
|
Transportation Code, as effective September 1, 2011, are amended to |
|
read as follows: |
|
(a) The department may create new specialty license plates |
|
on its own initiative or on receipt of an application from a |
|
potential sponsor. A new specialty license plate created under |
|
this section must comply with each requirement of Section 504.702 |
|
unless the license is created by the department on its own |
|
initiative. The department may permit a specialty license plate |
|
created under this section to be personalized. The redesign of an |
|
existing specialty license plate at the request of a sponsor shall |
|
be treated like the issuance of a new specialty license plate[,
|
|
except that the department may require a nonrefundable design fee]. |
|
(b) Any nonprofit entity [person] may submit an application |
|
to the department to sponsor a new specialty license plate [by
|
|
submitting an application to the department]. An application may |
|
nominate a state agency to receive funds derived from the issuance |
|
of the license plates. The application may also identify uses to |
|
which those funds should be appropriated. |
|
(d) The fee for issuance of license plates created under |
|
this subchapter before November 19 [September 1], 2009, is $30 |
|
unless the department sets a higher fee. This subsection does not |
|
apply to a specialty license plate marketed and sold by a private |
|
vendor at the request of the specialty license plate sponsor. |
|
(d-1) The fee for issuance of license plates created under |
|
this subchapter on or after November 19 [September 1], 2009, is the |
|
amount established under Section 504.851. |
|
SECTION 218. The heading to Section 504.802, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF |
|
SPECIALTY LICENSE PLATES [CREATED BEFORE SEPTEMBER 1, 2009]. |
|
SECTION 219. Section 504.802, Transportation Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(d) to read as follows: |
|
(a) A sponsor of a specialty license plate created under |
|
this subchapter [before September 1, 2009,] may contract with the |
|
private vendor authorized under Subchapter J for the marketing and |
|
sale of the specialty license plate. |
|
(c) Notwithstanding any other law, from each fee received |
|
from the issuance of a specialty license plate marketed and sold by |
|
the private vendor under this section, the department shall: |
|
(1) deduct the administrative costs described by |
|
Section 504.801(e)(1); |
|
(2) deposit the portion of the fee for the sale of the |
|
plate that the state would ordinarily receive under the contract |
|
described by Section 504.851(a) to the credit of: |
|
(A) the specialty license plate fund, if the |
|
sponsor nominated a state agency to receive the funds; [or] |
|
(B) the general revenue fund, if the sponsor did |
|
not nominate a state agency to receive the funds or if there is no |
|
sponsor; or |
|
(C) for a license plate issued under Section |
|
504.614, the public entity that provides or provided funds for the |
|
professional sports team's facility; and |
|
(3) pay to the private vendor the remainder of the fee. |
|
(d) A sponsor of a specialty license plate may reestablish |
|
its specialty license plate under Sections 504.601 and 504.702 and |
|
be credited its previous deposit with the department if a contract |
|
entered into by the sponsor under Subsection (a) terminates. |
|
SECTION 220. Section 504.851, Transportation Code, is |
|
amended by amending Subsections (a-2), (c), (e), (f), and (h) and |
|
adding Subsections (a-3) and (m) to read as follows: |
|
(a-2) Specialty license plates authorized for marketing and |
|
sale under Subsection (a) may be personalized and must include: |
|
(1) specialty license plates created under |
|
Subchapters G and I on or after November 19 [September 1], 2009; and |
|
(2) at the request of the specialty license plate |
|
sponsor, an existing specialty license plate created under |
|
Subchapters G and I before November 19 [September 1], 2009. |
|
(a-3) The department may contract with the private vendor |
|
for the vendor to: |
|
(1) host all or some of the specialty license plates on |
|
the vendor's website; |
|
(2) process the purchase of specialty license plates |
|
hosted on the vendor's website and pay any additional transaction |
|
cost; and |
|
(3) share in the personalization fee for the license |
|
plates hosted on the vendor's website. |
|
(c) The board by rule shall establish the fees for the |
|
issuance or renewal of souvenir license plates, specialty license |
|
plates, or souvenir or specialty license plates that are |
|
personalized that are marketed and sold by the private vendor or |
|
hosted on the private vendor's website. The state's portion of the |
|
personalization fee may not be less than $40 for each year issued. |
|
Other fees [Fees] must be reasonable and not less than the amounts |
|
necessary to allow the department to recover all reasonable costs |
|
to the department associated with the evaluation of the competitive |
|
sealed proposals received by the department and with the |
|
implementation and enforcement of the contract, including direct, |
|
indirect, and administrative costs. A fee established under this |
|
subsection is in addition to: |
|
(1) the registration fee and any optional registration |
|
fee prescribed by this chapter for the vehicle for which specialty |
|
license plates are issued; |
|
(2) any additional fee prescribed by this subchapter |
|
for the issuance of specialty license plates for that vehicle; and |
|
(3) any additional fee prescribed by this subchapter |
|
for the issuance of personalized license plates for that vehicle. |
|
(e) The portion of a contract with a private vendor |
|
regarding the marketing and sale of personalized license plates is |
|
payable only from amounts derived from the collection of the fee |
|
established under Subsection (b). The portion of a contract with a |
|
private vendor regarding the marketing, hosting, and sale of |
|
souvenir license plates, specialty license plates, or souvenir or |
|
specialty license plates that are personalized under Section |
|
504.102 is payable only from amounts derived from the collection of |
|
the fee established under Subsection (c). |
|
(f) The department may approve new design and color |
|
combinations for personalized or specialty license plates that are |
|
marketed and sold by a private vendor under a contract entered into |
|
with the private vendor. Each approved license plate design and |
|
color combination remains the property of the department. |
|
(h) Subject to the limitations provided by Subsections (g) |
|
and (g-1), the department may disapprove a design, cancel a license |
|
plate, or require the discontinuation of a license plate design or |
|
color combination that is marketed, hosted, or [and] sold by a |
|
private vendor under contract at any time if the department |
|
determines that the disapproval, cancellation, or discontinuation |
|
is in the best interest of this state or the motoring public. |
|
(m) If the private vendor ceases operation: |
|
(1) the program may be operated temporarily by the |
|
department under new agreements with the license plate sponsors |
|
until another vendor is selected and begins operation; and |
|
(2) the private vendor's share of the revenue is |
|
deposited to the credit of the general revenue fund. |
|
SECTION 221. Section 504.853, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.853. SPECIALTY AND PERSONALIZED LICENSE PLATES |
|
ISSUED BEFORE NOVEMBER 19 [SEPTEMBER 1], 2009. (a) A specialty or |
|
personalized license plate issued before November 19 [September 1], |
|
2009, may be issued for a subsequent registration period only if the |
|
applicant submits an application and pays the required fee for the |
|
applicable registration period. A person who is issued a |
|
personalized license plate has first priority on that license plate |
|
for each subsequent registration period for which the person |
|
submits a new application for that plate. |
|
(b) Unless the board by rule adopts a higher fee or the |
|
license plate is not renewed annually, the [The] fee for issuance of |
|
a [personalized] license plate issued before November 19 [September
|
|
1], 2009, is: |
|
(1) the fee provided for in Section 504.601 for a |
|
specialty license plate; and |
|
(2) $40 for a personalized license plate[, unless the
|
|
director adopts by rule a higher fee]. |
|
(c) A person who is issued a specialty or personalized |
|
license plate by the department before November 19 [September 1], |
|
2009, may: |
|
(1) submit an application for the plate under |
|
Subsection (a) and pay the required fee for each subsequent |
|
registration period under Subsection (b); or |
|
(2) purchase through the private vendor a license to |
|
display the alphanumeric pattern on a license plate for any term |
|
allowed by law. |
|
(d) The department may not issue a replacement set of |
|
personalized license plates to the same person before the period |
|
set by rule [sixth anniversary of the date of issuance] unless the |
|
applicant for issuance of replacement plates pays an additional fee |
|
of $30. |
|
(e) Of each fee collected by the department under Subsection |
|
(b)(2) [this section]: |
|
(1) $1.25 shall be used by the department to defray the |
|
cost of administering this section; and |
|
(2) the remainder shall be deposited to the credit of |
|
the general revenue fund. |
|
SECTION 222. Sections 504.854(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) The board by rule [private vendor] may provide for the |
|
private vendor to: |
|
(1) sell at auction a license to display a unique |
|
alphanumeric pattern on a license plate for a period set by board |
|
rule; |
|
(2) reserve an unissued alphanumeric pattern from the |
|
department for purposes of auctioning a license to display the |
|
pattern for a period set by board rule; and |
|
(3) purchase from a customer an unexpired license to |
|
display an alphanumeric pattern for purposes of auction by the |
|
vendor. |
|
(b) A [Only a] license to display an alphanumeric pattern |
|
purchased under this section [or a license to display an
|
|
alphanumeric pattern sold by the private vendor under Section
|
|
504.853] may be transferred to another person without payment of |
|
the fee provided by Section 504.855. [The transferee is entitled to
|
|
the same rights and privileges as the transferor.] |
|
SECTION 223. Subchapter J, Chapter 504, Transportation |
|
Code, is amended by adding Section 504.855 to read as follows: |
|
Sec. 504.855. TRANSFERABILITY OF CERTAIN PATTERNS. The |
|
board by rule may: |
|
(1) authorize a person who purchases a license to |
|
display an alphanumeric pattern for a period of five years or more |
|
to transfer the license; and |
|
(2) establish a transfer fee to be distributed in |
|
accordance with the contract with the private vendor. |
|
SECTION 224. Chapter 504, Transportation Code, is amended |
|
by adding Subchapter K to read as follows: |
|
SUBCHAPTER K. TRANSFER AND REMOVAL OF LICENSE PLATES |
|
Sec. 504.901. TRANSFER AND REMOVAL OF LICENSE PLATES. (a) |
|
On the sale or transfer of a motor vehicle to a dealer who holds a |
|
general distinguishing number issued under Chapter 503, the dealer |
|
shall remove each license plate issued for the motor vehicle. A |
|
person may use the license plates removed from a motor vehicle on a |
|
new motor vehicle purchased from a dealer after the person obtains |
|
the department's approval of a title and registration application. |
|
(b) On the sale or transfer of a motor vehicle to a person |
|
who does not hold a general distinguishing number issued under |
|
Chapter 503, the seller may remove each license plate issued for the |
|
motor vehicle. The license plates may be transferred to another |
|
vehicle titled in the seller's name if the seller obtains: |
|
(1) the department's approval of an application to |
|
transfer the license plates; and |
|
(2) a new registration insignia for the motor vehicle. |
|
(c) A license plate removed from a motor vehicle that is not |
|
transferred to another motor vehicle must be disposed of in a manner |
|
specified by the department. |
|
(d) To be eligible for transfer, license plates must be |
|
appropriate for the class of vehicle to which the plates are being |
|
transferred. |
|
SECTION 225. Chapter 504, Transportation Code, is amended |
|
by adding Subchapter L to read as follows: |
|
SUBCHAPTER L. OFFENSES AND PENALTIES |
|
Sec. 504.941. ANTIQUE VEHICLES; OFFENSE. (a) A person who |
|
violates Section 504.502 commits an offense. An offense under this |
|
section is a misdemeanor punishable by a fine of not less than $5 or |
|
more than $200. |
|
(b) It is an affirmative defense to prosecution under this |
|
section that at the time of the offense the vehicle was en route to |
|
or from a location for the purpose of routine maintenance of the |
|
vehicle. |
|
Sec. 504.942. LOG LOADER VEHICLES; PENALTIES. A vehicle |
|
operated in violation of Section 504.506 is considered to be |
|
operated or moved while unregistered and is immediately subject to |
|
the applicable fees and penalties prescribed by this chapter. |
|
Sec. 504.943. OPERATION OF VEHICLE WITHOUT LICENSE PLATE. |
|
(a) Except as provided by Subsection (b), a person commits an |
|
offense if the person operates on a public highway, during a |
|
registration period, a motor vehicle that does not display two |
|
license plates that: |
|
(1) have been assigned by the department for the |
|
period; and |
|
(2) comply with department rules regarding the |
|
placement of license plates. |
|
(b) A person commits an offense if the person operates on a |
|
public highway during a registration period a road tractor, |
|
motorcycle, trailer, or semitrailer that does not display a license |
|
plate that: |
|
(1) has been assigned by the department for the |
|
period; and |
|
(2) complies with department rules regarding the |
|
placement of license plates. |
|
(c) This section does not apply to a dealer operating a |
|
vehicle as provided by law. |
|
(d) A court may dismiss a charge brought under Subsection |
|
(a)(1) if the defendant: |
|
(1) remedies the defect before the defendant's first |
|
court appearance; and |
|
(2) pays an administrative fee not to exceed $10. |
|
SECTION 226. Section 502.408, Transportation Code, is |
|
transferred to Subchapter L, Chapter 504, Transportation Code, as |
|
added by this Act, redesignated as Section 504.944, Transportation |
|
Code, and amended to read as follows: |
|
Sec. 504.944 [502.408]. OPERATION OF VEHICLE WITH WRONG |
|
LICENSE PLATE. [(a)] A person commits an offense if the person |
|
operates, or as the owner permits another to operate, on a public |
|
highway a motor vehicle that has attached to it a number plate or |
|
registration insignia issued for a different vehicle. An offense |
|
under this section [subsection] is a misdemeanor punishable by a |
|
fine not to exceed $200. |
|
SECTION 227. Subchapter L, Chapter 504, Transportation |
|
Code, as added by this Act, is amended by adding Section 504.945 to |
|
read as follows: |
|
Sec. 504.945. WRONG, FICTITIOUS, ALTERED, OR OBSCURED |
|
LICENSE PLATE. (a) A person commits an offense if the person |
|
attaches to or displays on a motor vehicle a license plate that: |
|
(1) is issued for a different motor vehicle; |
|
(2) is issued for the vehicle under any other motor |
|
vehicle law other than by the department; |
|
(3) is assigned for a registration period other than |
|
the registration period in effect; |
|
(4) is fictitious; |
|
(5) has blurring or reflective matter that |
|
significantly impairs the readability of the name of the state in |
|
which the vehicle is registered or the letters or numbers of the |
|
license plate number at any time; |
|
(6) has an attached illuminated device or sticker, |
|
decal, emblem, or other insignia that is not authorized by law and |
|
that interferes with the readability of the letters or numbers of |
|
the license plate number or the name of the state in which the |
|
vehicle is registered; or |
|
(7) has a coating, covering, protective substance, or |
|
other material that: |
|
(A) distorts angular visibility or |
|
detectability; |
|
(B) alters or obscures one-half or more of the |
|
name of the state in which the vehicle is registered; or |
|
(C) alters or obscures the letters or numbers of |
|
the license plate number or the color of the plate. |
|
(b) Except as provided by Subsection (e), an offense under |
|
Subsection (a) is a misdemeanor punishable by a fine of not more |
|
than $200, unless it is shown at the trial of the offense that the |
|
owner knowingly altered or made illegible the letters, numbers, and |
|
other identification marks, in which case the offense is a Class B |
|
misdemeanor. |
|
(c) Subsection (a)(7) may not be construed to apply to: |
|
(1) a trailer hitch installed on a vehicle in a normal |
|
or customary manner; |
|
(2) a transponder, as defined by Section 228.057, that |
|
is attached to a vehicle in the manner required by the issuing |
|
authority; |
|
(3) a wheelchair lift or wheelchair carrier that is |
|
attached to a vehicle in a normal or customary manner; |
|
(4) a trailer being towed by a vehicle; or |
|
(5) a bicycle or motorcycle rack that is attached to a |
|
vehicle in a normal or customary manner. |
|
(d) A court may dismiss a charge brought under Subsection |
|
(a)(3), (5), (6), or (7) if the defendant: |
|
(1) remedies the defect before the defendant's first |
|
court appearance; and |
|
(2) pays an administrative fee not to exceed $10. |
|
(e) An offense under Subsection (a)(4) is a Class B |
|
misdemeanor. |
|
SECTION 228. Subchapter A, Chapter 520, Transportation |
|
Code, is amended by adding Sections 520.003 and 520.004 to read as |
|
follows: |
|
Sec. 520.003. RULES; WAIVER OF FEES. The department may |
|
adopt rules to administer this chapter, including rules that waive |
|
the payment of fees if a dealer has gone out of business and the |
|
applicant can show that fees were paid to the dealer. |
|
Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department |
|
has jurisdiction over the registration and titling of, and the |
|
issuance of license plates to, motor vehicles in compliance with |
|
the applicable statutes. The board by rule: |
|
(1) shall provide services that are reasonable, |
|
adequate, and efficient; |
|
(2) shall establish standards for uniformity and |
|
service quality for counties and dealers licensed under Section |
|
520.005; and |
|
(3) may conduct public service education campaigns |
|
related to the department's functions. |
|
SECTION 229. Section 501.137, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.005, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.005 [501.137]. DUTY AND RESPONSIBILITIES OF |
|
COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector |
|
shall comply with Chapter 501 [this chapter]. |
|
(b) An assessor-collector who fails or refuses to comply |
|
with Chapter 501 [this chapter] is liable on the |
|
assessor-collector's official bond for resulting damages suffered |
|
by any person. |
|
(c) Notwithstanding the requirements of Sections 520.008 |
|
and 520.0091, the assessor-collector may license franchised and |
|
non-franchised motor vehicle dealers to title and register motor |
|
vehicles in accordance with rules adopted under Section 520.004. |
|
The county assessor-collector may pay a fee to a motor vehicle |
|
dealer independent of or as part of the portion of the fees that |
|
would be collected by the county for each title and registration |
|
receipt issued. |
|
SECTION 230. Section 502.109, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.006, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.006 [502.109]. COMPENSATION OF ASSESSOR-COLLECTOR. |
|
(a) A county assessor-collector shall receive a fee of $1.90 for |
|
each receipt issued under Chapter 502 [this chapter. If the
|
|
assessor-collector may be compensated by fees, a fee received is
|
|
compensation for services under this chapter. The
|
|
assessor-collector shall deduct the fee weekly from the gross
|
|
collections made under this chapter]. |
|
(a-1) A county collecting fees on behalf of a county that |
|
has been declared as a disaster area for purposes of Section 501.023 |
|
or 502.040 may retain the commission for fees collected, but shall |
|
allocate the fees to the county declared as a disaster area. |
|
(b) A county assessor-collector who is compensated under |
|
this section shall pay the entire expense of issuing registration |
|
receipts and license plates under Chapter 501 or 502 [this chapter] |
|
from the compensation allowed under this section. |
|
SECTION 231. Section 502.111, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.007, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.007 [502.111]. COUNTY BRANCH OFFICES. (a) The |
|
commissioners court of a county may authorize the county |
|
assessor-collector to: |
|
(1) establish a suboffice or branch office for vehicle |
|
registration at one or more locations in the county other than the |
|
county courthouse; or |
|
(2) appoint a deputy to register vehicles in the same |
|
manner and with the same authority as though done in the office of |
|
the assessor-collector. |
|
(b) The report of vehicles registered through a suboffice or |
|
branch office shall be made through the office of the county |
|
assessor-collector. |
|
SECTION 232. Section 502.114, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.008, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.008 [502.114]. FULL-SERVICE DEPUTIES. (a) A |
|
full-service deputy appointed under Section 520.0091 [502.112] |
|
shall accept any application for registration, registration |
|
renewal, or title transfer that the county assessor-collector may |
|
accept. |
|
(b) A full-service deputy may charge and retain an |
|
additional motor vehicle registration fee not to exceed $5 for each |
|
motor vehicle registration issued. |
|
(c) A county assessor-collector may delegate to a |
|
full-service deputy, in the manner selected by the |
|
assessor-collector, the authority to use data processing equipment |
|
and software provided by the department for use in the titling and |
|
registration of motor vehicles. The department may not limit a |
|
county assessor-collector's ability to delegate the |
|
assessor-collector's functions regarding the titling and |
|
registration of motor vehicles to a qualified full-service deputy |
|
in the manner the assessor-collector considers appropriate. |
|
SECTION 233. Section 502.113, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.009, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.009 [502.113]. LIMITED-SERVICE DEPUTIES. (a) A |
|
limited-service deputy appointed under Section 520.0091 [502.112] |
|
may only accept registration renewals [renewal cards] provided by |
|
the department and may not prepare or accept an application for |
|
title transfer. |
|
(b) The county assessor-collector may pay a limited-service |
|
deputy an amount not to exceed the fee the assessor-collector could |
|
collect under Section 520.006(a) [502.109(a)] for each |
|
registration receipt issued. The commissioners court of the county |
|
may permit a limited-service deputy to charge and retain an |
|
additional fee not to exceed $1 for each registration receipt |
|
issued by the deputy. |
|
SECTION 234. Section 502.112, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, and |
|
redesignated as Section 520.0091, Transportation Code, to read as |
|
follows: |
|
Sec. 520.0091 [502.112]. DEPUTY ASSESSOR-COLLECTORS. |
|
(a) A county assessor-collector, with the approval of the |
|
commissioners court of the county, may deputize an individual or |
|
business entity to: |
|
(1) issue motor vehicle registration receipts as a |
|
limited-service deputy; or |
|
(2) issue motor vehicle registration receipts and |
|
prepare or accept applications for title transfers as a |
|
full-service deputy. |
|
(b) An individual or business entity is eligible to be |
|
deputized as a limited-service deputy if the person: |
|
(1) is trained to issue registration receipts by the |
|
county assessor-collector; and |
|
(2) posts a bond payable to the county |
|
assessor-collector: |
|
(A) in an amount determined by the |
|
assessor-collector; and |
|
(B) conditioned on the person's proper |
|
accounting and remittance of all fees the person collects. |
|
(c) An individual or business entity is eligible to be |
|
deputized as a full-service deputy if the person: |
|
(1) meets the requirements of Subsection (b); and |
|
(2) has experience in title transfers. |
|
(d) A person deputized under this section shall keep a |
|
separate account of the fees collected and a record of daily |
|
receipts. |
|
SECTION 235. Section 501.136, Transportation Code, is |
|
transferred to Subchapter A, Chapter 520, Transportation Code, |
|
redesignated as Section 520.0092, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.0092 [501.136]. ACTS BY DEPUTY COUNTY |
|
ASSESSOR-COLLECTOR. A deputy county assessor-collector, other |
|
than a limited service deputy appointed under Section 520.0091 |
|
[502.112], may perform the duties of an assessor-collector under |
|
Chapter 501 [this chapter]. |
|
SECTION 236. Section 520.002, Transportation Code, is |
|
redesignated as Section 520.0093, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.0093 [520.002]. LEASE OF ADDITIONAL COMPUTER |
|
EQUIPMENT. (a) This section applies only to the lease of equipment |
|
to a county for the operation of the automated registration and |
|
titling [title] system in addition to the equipment provided by the |
|
department at no cost to the county under a formula prescribed by |
|
the department. |
|
(b) On the request of the tax assessor-collector of a |
|
county, the department may enter into an agreement with the |
|
commissioners court of that county under which the department |
|
leases additional equipment to the county for the use of the tax |
|
assessor-collector in operating the automated registration and |
|
titling [title] system in that county. |
|
(c) A county may install equipment leased under this section |
|
at offices of the county or of an agent of the county. |
|
(d) Equipment leased under this section: |
|
(1) remains the property of the department; and |
|
(2) must be used primarily for the automated |
|
registration and titling [title] system. |
|
(e) Under the agreement, the department shall charge [the
|
|
county] an amount not less than the amount of the cost to the |
|
department to provide the additional equipment and any related |
|
services under the lease. All money collected under the lease shall |
|
be deposited to the credit of the state highway fund. |
|
SECTION 237. The heading to Subchapter B, Chapter 520, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS [MOTOR NUMBER RECORD
|
|
REQUIREMENTS] |
|
SECTION 238. Subchapter B, Chapter 520, Transportation |
|
Code, is amended by adding Section 520.015 to read as follows: |
|
Sec. 520.015. INFORMATION CONSOLIDATION STUDY. (a) In |
|
consultation with the Department of Public Safety, the department |
|
shall conduct a study on the consolidation of similar information |
|
that is collected separately by each agency. The study should |
|
include recommendations that sufficiently protect the privacy of |
|
the public and the security and integrity of information provided. |
|
(b) The study must be completed not later than September 1, |
|
2012. |
|
SECTION 239. Section 520.036, Transportation Code, is |
|
transferred to Subchapter B, Chapter 520, Transportation Code, |
|
redesignated as Section 520.016, Transportation Code, and amended |
|
to read as follows: |
|
Sec. 520.016 [520.036]. GENERAL PENALTY. (a) A person |
|
commits an offense if the person violates this subchapter in a |
|
manner for which a specific penalty is not provided. |
|
(b) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $50 and not more than $200. |
|
(c) This section does not apply to a violation of Section |
|
520.006, 520.008, 520.009, 520.0091, or 520.0092. |
|
SECTION 240. Section 520.051(5), Transportation Code, is |
|
amended to read as follows: |
|
(5) "Title service record" means the written or |
|
electronic record for each transaction in which a motor vehicle |
|
title service receives compensation. |
|
SECTION 241. Section 548.052, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This |
|
chapter does not apply to: |
|
(1) a trailer, semitrailer, pole trailer, or mobile |
|
home moving under or bearing a current factory-delivery license |
|
plate or current in-transit license plate; |
|
(2) a vehicle moving under or bearing a paper dealer |
|
in-transit tag, machinery license, disaster license, parade |
|
license, prorate tab, one-trip permit, vehicle temporary transit |
|
permit, antique license, temporary 24-hour permit, or permit |
|
license; |
|
(3) a trailer, semitrailer, pole trailer, or mobile |
|
home having an actual gross weight or registered gross weight of |
|
4,500 pounds or less; |
|
(4) farm machinery, road-building equipment, a farm |
|
trailer, or a vehicle required to display a slow-moving-vehicle |
|
emblem under Section 547.703; |
|
(5) a former military vehicle, as defined by Section |
|
504.502 [502.275]; |
|
(6) a vehicle qualified for a tax exemption under |
|
Section 152.092, Tax Code; or |
|
(7) a vehicle for which a certificate of title has been |
|
issued but that is not required to be registered. |
|
SECTION 242. Section 681.012(a-1), Transportation Code, is |
|
amended to read as follows: |
|
(a-1) A peace officer may seize a disabled parking placard |
|
from a person who operates a vehicle on which a disabled parking |
|
placard is displayed if the peace officer determines by inspecting |
|
the person's driver's license or personal identification |
|
certificate that the disabled parking placard does not contain the |
|
first four digits of the driver's license number or personal |
|
identification certificate number and the initials of: |
|
(1) the person operating the vehicle; [or] |
|
(2) the applicant on behalf of a person being |
|
transported by the vehicle; or |
|
(3) a person being transported by the vehicle. |
|
SECTION 243. Subchapter B, Chapter 372, Transportation |
|
Code, is amended by adding Section 372.054 to read as follows: |
|
Sec. 372.054. REPORTING FAILURE TO PAY TOLL OR |
|
ADMINISTRATIVE FEE. (a) A toll project entity may report the |
|
failure to pay a toll or administrative fee to a county |
|
assessor-collector or the Texas Department of Motor Vehicles in |
|
order to deny registration of the nonpaying vehicle, as provided in |
|
Section 502.011. |
|
(b) For purposes of this section "toll project entity" has |
|
the meaning assigned by Section 372.001, but does not include a |
|
county operating under Chapter 284 unless the commissioners court |
|
of the county adopts an order expressly electing to have this |
|
section apply to the county. |
|
SECTION 244. Section 681.005, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. Each |
|
county assessor-collector shall send to the department[:
|
|
[(1)] each fee collected under Section 681.003, to be |
|
deposited in the state highway fund to defray the cost of providing |
|
the disabled parking placard[; and
|
|
[(2)
a copy of each application for a disabled parking
|
|
placard]. |
|
SECTION 245. Section 728.002, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) This section does not prohibit the quoting of a price |
|
for a motor home, tow truck, or towable recreational vehicle at a |
|
show or exhibition described by Section 2301.358, Occupations Code. |
|
SECTION 246. Section 386.251(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(c) The fund consists of: |
|
(1) the amount of money deposited to the credit of the |
|
fund under: |
|
(A) Section 386.056; |
|
(B) Sections 151.0515 and 152.0215, Tax Code; and |
|
(C) Sections 501.138, 502.358 [502.1675], and |
|
548.5055, Transportation Code; and |
|
(2) grant money recaptured under Section 386.111(d) |
|
and Chapter 391. |
|
SECTION 247. Section 2302.201(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Section 501.10025, Transportation |
|
Code, a [A] salvage vehicle dealer who acquires ownership of a |
|
salvage motor vehicle from an owner must receive from the owner a |
|
properly assigned title. |
|
SECTION 248. Section 2302.204, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2302.204. CASUAL SALES. This chapter does not apply to |
|
a person who purchases fewer than five [three] nonrepairable motor |
|
vehicles or salvage motor vehicles from a salvage vehicle dealer, |
|
an insurance company or salvage pool operator in a casual sale at |
|
auction, except that: |
|
(1) the board shall adopt rules as necessary to |
|
regulate casual sales by salvage vehicle dealers, insurance |
|
companies, or salvage pool operators and to enforce this section; |
|
and |
|
(2) a salvage vehicle dealer, insurance company, or |
|
salvage pool operator who sells a motor vehicle in a casual sale |
|
shall comply with those rules and Subchapter E, Chapter 501, |
|
Transportation Code. |
|
SECTION 249. Subchapter H, Chapter 2302, Occupations Code, |
|
is amended by adding Section 2302.354 to read as follows: |
|
Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department |
|
may impose an administrative penalty against a person licensed |
|
under this chapter who violates this chapter or a rule or order |
|
adopted under this chapter. |
|
(b) The penalty may not be less than $50 or more than $1,000, |
|
and each day a violation continues or occurs is a separate violation |
|
for the purpose of imposing a penalty. The amount of the penalty |
|
shall be based on: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the violation; |
|
(2) the economic harm caused by the violation; |
|
(3) the history of previous violations; |
|
(4) the amount necessary to deter a future violation; |
|
(5) efforts to correct the violation; and |
|
(6) any other matter that justice requires. |
|
(c) The person may stay enforcement during the time the |
|
order is under judicial review if the person pays the penalty to the |
|
court clerk or files a supersedeas bond with the court in the amount |
|
of the penalty. A person who cannot afford to pay the penalty or |
|
file the bond may stay enforcement by filing an affidavit in the |
|
manner required by the Texas Rules of Civil Procedure for a party |
|
who cannot afford to file security for costs, subject to the right |
|
of the department to contest the affidavit as provided by those |
|
rules. |
|
(d) A proceeding to impose an administrative penalty is |
|
subject to Chapter 2001, Government Code. |
|
SECTION 250. Section 152.001, Tax Code, is amended by |
|
amending Subdivision (3) and adding Subdivision (20) to read as |
|
follows: |
|
(3) "Motor vehicle [Vehicle]" includes: |
|
(A) a self-propelled vehicle designed to |
|
transport persons or property on a public highway; |
|
(B) a trailer and semitrailer, including a van, |
|
flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or |
|
converter gear; [and] |
|
(C) a house trailer as defined by Chapter 501, |
|
Transportation Code; and |
|
(D) an off-road vehicle that is not required to |
|
be registered under Chapter 502, Transportation Code. |
|
(20) "Off-road vehicle" means: |
|
(A) an all-terrain vehicle or a recreational |
|
off-highway vehicle, as those terms are defined by Section 502.001, |
|
Transportation Code, provided that the vehicle may be designed by |
|
the manufacturer primarily for farming; or |
|
(B) a motorcycle designed by the manufacturer for |
|
off-highway use. |
|
SECTION 251. Section 152.091, Tax Code, is amended to read |
|
as follows: |
|
Sec. 152.091. FARM OR TIMBER USE. (a) The taxes imposed by |
|
this chapter do not apply to the sale or use of [a]: |
|
(1) a farm machine, a trailer, a [or] semitrailer, or |
|
an off-road vehicle for use primarily for farming and ranching, |
|
including the rearing of poultry, and use in feedlots; or |
|
(2) a machine, a trailer, a [or] semitrailer, or an |
|
off-road vehicle for use primarily for timber operations. |
|
(b)(1) The taxes imposed by this chapter do not apply to the |
|
purchase of [a]: |
|
(A) a farm machine, a trailer, a [or] |
|
semitrailer, or an off-road vehicle that is to be leased for use |
|
primarily for farming and ranching, including the rearing of |
|
poultry, and use in feedlots; or |
|
(B) a machine, a trailer, a [or] semitrailer, or |
|
an off-road vehicle that is to be leased for use primarily for |
|
timber operations. |
|
(2) The exemption provided by this subsection applies |
|
only if the person purchasing the machine, trailer, [or] |
|
semitrailer, or off-road vehicle to be leased presents the tax |
|
assessor-collector a form prescribed and provided by the |
|
comptroller showing: |
|
(A) the identification of the motor vehicle; |
|
(B) the name and address of the lessor and the |
|
lessee; and |
|
(C) verification by the lessee that the machine, |
|
trailer, [or] semitrailer, or off-road vehicle will be used |
|
primarily for: |
|
(i) farming and ranching, including the |
|
rearing of poultry, and use in feedlots; or |
|
(ii) timber operations. |
|
(3) If a motor vehicle for which the tax has not been |
|
paid ceases to be leased for use primarily for farming and ranching, |
|
including the rearing of poultry, and use in feedlots or timber |
|
operations, the owner shall notify the comptroller on a form |
|
provided by the comptroller and shall pay the sales or use tax on |
|
the motor vehicle based on the owner's book value of the motor |
|
vehicle. The tax is imposed at the same percentage rate that is |
|
provided by Section 152.021(b). |
|
(c) The taxes imposed by this chapter do not apply to the |
|
rental of a farm machine, a trailer, [or] a semitrailer, or an |
|
off-road vehicle for use primarily for farming and ranching, |
|
including the rearing of poultry, and use in feedlots, or a machine, |
|
a trailer, [or] a semitrailer, or an off-road vehicle for use |
|
primarily for timber operations. The tax that would have been |
|
remitted on gross rental receipts without this exemption shall be |
|
deemed to have been remitted for the purpose of calculating the |
|
minimum gross rental receipts imposed by Section 152.026. The |
|
exemption provided by this subsection applies only if the owner of |
|
the motor vehicle obtains in good faith an exemption certificate |
|
from the person to whom the vehicle is being rented. |
|
(d) For purposes of this section, a machine or an off-road |
|
vehicle is used "primarily for timber operations" if the machine or |
|
off-road vehicle is a self-propelled motor vehicle that is |
|
specially adapted to perform a specialized function in the |
|
production of timber, including land preparation, planting, |
|
maintenance, and gathering of trees commonly grown for commercial |
|
timber. The term does not include a self-propelled motor vehicle |
|
used to transport timber or timber products. |
|
SECTION 252. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Sections 501.026 and 501.075; |
|
(2) Sections 501.094 and 501.133; |
|
(3) Sections 501.134(e), (f), and (i); |
|
(4) Sections 502.0074, 502.0075, 502.008, 502.104, |
|
502.105, 502.1535, 502.154, 502.175, 502.177, 502.206, 502.271, |
|
502.2862, and 502.2971; |
|
(5) Sections 502.403 and 502.405; |
|
(6) Section 502.407(c); |
|
(7) Section 502.412(c); |
|
(8) Sections 502.452, 502.453, 502.455, and 502.456; |
|
(9) Section 504.201(h); |
|
(10) Section 504.316(b); |
|
(11) Section 504.401(b); |
|
(12) Section 504.402(b); |
|
(13) Section 504.403(b); |
|
(14) Section 504.404(b); |
|
(15) Section 504.405(b); |
|
(16) Section 504.502(j); |
|
(17) Section 504.506(f); |
|
(18) Section 504.507(c); |
|
(19) Section 504.508(d); |
|
(20) Sections 504.624, 504.629, 504.634, 504.643, |
|
504.649, 504.650, 504.653, 504.655, and 504.701; |
|
(21) Section 504.702(c); |
|
(22) Section 504.851(k); |
|
(23) Section 504.854(c); |
|
(24) Sections 520.013 and 520.034; and |
|
(25) the headings to Subchapters C and D, Chapter 520. |
|
SECTION 253. (a) Section 19, Chapter 1136, Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
(b) This section takes effect August 31, 2011. |
|
SECTION 254. Section 501.0225, Transportation Code, as |
|
added by this Act, applies only to a person who purchases, imports, |
|
or otherwise acquires an off-road vehicle on or after the effective |
|
date of this Act. A person who purchases, imports, or otherwise |
|
acquires an off-road vehicle before the effective date of this Act |
|
is governed by the law in effect immediately before the effective |
|
date of this Act, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 255. Sections 152.001 and 152.091, Tax Code, as |
|
amended by this Act, do not affect tax liability accruing before the |
|
effective date of this Act. That liability continues in effect as |
|
if this Act had not been enacted, and the former law is continued in |
|
effect for the collection of taxes due and for civil and criminal |
|
enforcement of the liability for those taxes. |
|
SECTION 256. Section 2302.354, Occupations Code, as added |
|
by this Act, applies only to a violation of Chapter 2302, |
|
Occupations Code, or a rule or order of the Texas Department of |
|
Motor Vehicles adopted under that chapter, committed on or after |
|
the effective date of this Act. A violation committed before the |
|
effective date of this Act is governed by the law in effect when the |
|
violation was committed, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 257. (a) The change in law made by this Act applies |
|
only to an offense committed on or after January 1, 2012. |
|
(b) An offense committed before January 1, 2012, is covered |
|
by the law in effect when the offense was committed, and the former |
|
law is continued in effect for that purpose. For purposes of this |
|
subsection, an offense was committed before January 1, 2012, if any |
|
element of the offense was committed before that date. |
|
SECTION 258. To the extent of any conflict, this Act |
|
prevails over another Act of the 82nd Legislature, Regular Session, |
|
2011, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 259. Except as otherwise provided by this Act, this |
|
Act takes effect January 1, 2012. |