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ANALYSIS
C.S.H.B. 2701 amends the
Occupations Code to remove the requirement to include certain specified
information on an application for a manufacturer's, distributor's,
converter's, or representative's license to sell or lease motor vehicles. The
bill authorizes a motor vehicle dealer to sell, offer to sell, including by
consignment, or exchange an antique motor vehicle that is at least 25 years
of age or a special interest vehicle at a public auction. The bill removes
the prohibition against the board of the Texas Department of Motor Vehicles
(TxDMV) or a person delegated power from the board from issuing an order
requiring a manufacturer, converter, or distributor to make a refund or to
replace a motor vehicle, except under certain conditions. The bill removes a
proposal for decision and recommendation for a final order in a proceeding
relating to a motor vehicle warranty not issued before the 151st day after
the date a complaint is filed as a condition requiring TxDMV to provide
written notice to certain parties to the proceedings of the complainant's
right to file a civil action. The bill removes the requirement that the board
or the board's delegate extend the 150-day period under certain circumstances
and name the person responsible for paying the cost of any refund or
replacement. The bill removes the authorization of the board or the board's
delegate to terminate the lease of a leased vehicle and apportion allowances
or refunds.
C.S.H.B. 2701 specifies that the
information filed under statutory provisions relating to the sale or lease of
motor vehicles that is not a public record and is not subject to release
until a complaint is resolved by a final order is information filed with
TxDMV instead of information filed with the board. The bill includes the wilful
omission of material information in any application or other information
filed regarding the sale or lease of a motor vehicle among the conditions under
which TxDMV is authorized to deny an application for a license to sell or
lease motor vehicles, revoke or suspend such a license, place on probation a
person whose license has been suspended, or reprimand a license holder. The
bill adds a hearings examiner as an alternative signatory in a contested case
hearing concerning a vehicle defect or warranty final order or decision for
the implementation and enforcement of the sale or lease of a motor vehicle.
The bill removes the requirement that the board or the board's delegate order
a nonprevailing party in a case regarding a motor vehicle warranty to
reimburse the amount of the case filing fee and instead requires the
nonprevailing party to reimburse such an amount.
C.S.H.B. 2701 amends the
Transportation Code to increase from less than 40 feet to less than 45 feet
the required length of a vehicle considered to be a travel trailer for
purposes of the Certificate of Title Act. The bill specifies that the trailer
or semitrailer used only for the transportation of farm products if the
products are not transported for hire to which the act does not apply is a farm
trailer or farm semitrailer with a gross vehicle weight of 34,000 pounds or
less used for such purpose. The bill establishes that an autocycle, as
defined by the bill, is considered to be a motorcycle for purposes of issuing
a title under the Certificate of Title Act and for purposes of vehicle
registration. The bill expands the information required in a motor vehicle
title issued by TxDMV to include the legal name, city, and state of each
seller at the first sale or a subsequent sale of the vehicle. The bill
specifies that the remittance of any required motor vehicle sales tax on sale
of a motor vehicle by a person who holds a general distinguishing number shall
occur at the time the person files for title.
C.S.H.B. 2701 removes the
authorization of TxDMV to issue a title for a farm semitrailer with a gross
weight of more than 4,000 pounds if the farm semitrailer is eligible for
registration and all other requirements for issuance of a title are met and
instead authorizes TxDMV to issue a title for a farm trailer or farm
semitrailer with a gross vehicle weight of 34,000 pounds or less if all
requirements for issuance of a title are met. The bill requires a subsequent
purchaser of such a previously titled farm trailer or farm semitrailer to
obtain a title. The bill makes provisions regarding the issuance of a title
for trailers with a gross vehicle weight of 4,000 pounds or less applicable
to a semitrailer with a gross vehicle weight of 4,000 pounds or less and requires
a subsequent purchaser of such a previously titled trailer or semitrailer to
obtain a title.
C.S.H.B. 2701 requires an applicant
aggrieved by the assessor-collector's determination in an appeal of a
refusal, rescission, cancellation, revocation, or suspension of a title to serve
a copy of the petition of appeal on TxDMV and all persons known to have a
potential ownership or security interest in the vehicle and to provide to the
court a certified title history for the vehicle obtained from TxDMV. The bill
makes all rights and immunities granted in the trial of a civil case
available to TxDMV for purposes of the appeal. The bill specifies that TxDMV is
not required to file an answer or appear before a county or district court as
a party to the appeal but authorizes TxDMV to intervene to enter an
appearance or provide evidence. The bill authorizes the court to require
TxDMV to respond to requests for information relevant to the appeal. The bill
requires a petitioner in any action filed in a county or district court under
provisions relating to the refusal to issue, revocation, suspension, or
alteration of a certificate of title to serve a copy of the petition on TxDMV
and all persons and entities known to have a potential ownership or security
interest in the vehicle and to also provide to the court a certified title
history for the vehicle obtained from TxDMV. The bill specifies that TxDMV is
not required to file an answer or appear before a county or district court as
a party to the action but authorizes TxDMV to intervene to enter an
appearance or provide evidence.
C.S.H.B. 2701 removes the
restriction that a printed title be lost or destroyed in a provision allowing
the owner of a title to obtain a certified copy of the title. The bill specifies
that the lawfully obtained certified copy of the title supersedes and
invalidates any previously issued title or certified copy. The bill
authorizes TxDMV, effective January 1, 2017, to reinstate or reissue a
previously superseded or invalidated title or certified copy of title if the
certified copy of title is later rescinded, canceled, or revoked.
C.S.H.B. 2701, for purposes of
provisions relating to registration of vehicles, redefines "apportioned
license plate" to include a license plate issued in lieu of a motor bus license
plate to a motor carrier in Texas who proportionally registers a vehicle, redefines
"token trailer" as a semitrailer that is registered and used in
combination with a truck-tractor or commercial motor vehicle that is
registered in combination regardless of whether the truck-tractor or
commercial motor vehicle has been issued a license plate, and revises
provisions relating to the license plate of a registered token trailer. The
bill replaces the annual commercial fleet registration fee of $10 per motor
vehicle, semitrailer, or trailer in the fleet with a one-time fee of $10 per motor
vehicle, semitrailer, or trailer and updates the license plate appearance
requirement accordingly. The bill subjects a token trailer that displays the
license plate to inspection requirements under statutory provisions relating
to compulsory inspection of vehicles as if the token trailer was not
permanently registered. The bill requires TxDMV and the Department of Public
Safety (DPS) to adopt rules to establish a method to enforce the inspection
requirements and requires the rules to authorize TxDMV to suspend the
registration of a token trailer that displays the license plate for failure
to comply with the inspection requirements. The bill authorizes TxDMV to
assess a fee to cover TxDMV's administrative costs to implement this
provision of the bill.
C.S.H.B. 2701 requires TxDMV by
rule to establish a program to collect information about the number of
alternatively fueled vehicles registered in Texas and to submit an annual
report to the legislature that includes the information. The bill requires
the report, at a minimum, to show the number of vehicles registered in Texas
that use electric plug-in drives, hybrid electric drives, and compressed
natural gas. The bill includes vehicles purchased by certain commercial fleet
buyers among the vehicles for which TxDMV is required to use the date of sale
of the vehicle in designating the registration period and establishes that
the registration period of a vehicle is 12 consecutive months if the vehicle
receives a one-year inspection period or 24 consecutive months if the vehicle
receives a two-year inspection period, provided that all fees are paid for
each year of registration.
C.S.H.B. 2701 changes from a
specialty license plate to a distinguishing license plate the type of license
plate TxDMV is required to issue to certain farm vehicles and drilling and
construction equipment and prohibits such a license plate from being renewed
unless the vehicle's owner provides an applicable registration number issued
by the comptroller of public accounts. The bill exempts a vehicle owned by
certain farmers' cooperative societies or marketing associations from the
prohibition against the issuance or renewal of a distinguishing license plate
to an owner of 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 for certain
purposes. The bill establishes that an exemption to registration requirements
for certain farm vehicles and drilling and construction equipment applies to
a vehicle owned by such a farmers' cooperative society or marketing
association and used by members of the society or association for a fee if
the vehicle otherwise meets the requirements for the exemption. The bill exempts
an owner from being required to register a farm trailer or farm semitrailer
that has a gross weight of 4,000 pounds or less or a farm tractor or an
implement of husbandry, if the trailer, semitrailer, tractor, or implement is
operated only temporarily on the highways. The bill requires a county
assessor-collector who receives from any person a payment by credit card or
debit card for a registration fee for a registration year that has not ended
that is returned unpaid because the payment by the credit card or debit card
has been disputed by the credit card or debit card company to 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 bill requires the certification to be made before the 30th day
after the date the assessor-collector is made aware that the credit card or
debit card payment has been disputed and specifies the information required
to be included in the certification and the documentation and evidence
required to accompany the certification. The bill requires the sheriff,
constable, or highway patrol officer, on receiving a complaint from the assessor-collector,
to find the person who authorized the credit card or debit card payment, if
the person is in the county, and demand immediate redemption of payment from
the person. The bill requires the sheriff, constable, or highway patrol
officer, if the person fails or refuses to redeem the payment, to seize and
remove the license plates and registration insignia from the vehicle and
return the license plates and registration insignia to the
assessor-collector.
C.S.H.B. 2701 replaces the annual
registration fee of $15 for a semitrailer that has a gross weight of more
than 6,000 pounds used in combination with a truck-tractor or commercial
motor vehicle with a gross weight of more than 10,000 pounds with a one-time
fee of $105 and updates the license plate appearance requirement accordingly.
The bill subjects a token trailer that displays such a license plate to
inspection requirements under statutory provisions relating to compulsory
inspection of vehicles as if the token trailer was not permanently
registered. The bill requires TxDMV and DPS to adopt rules to establish a
method to enforce the inspection requirements and requires the rules to
authorize TxDMV to suspend the registration of a token trailer that displays
the license plate for failure to comply with the inspection requirements. The
bill authorizes TxDMV to assess a fee to cover TxDMV's administrative costs
to implement this provision of the bill.
C.S.H.B. 2701 prohibits renewal
of a commercial farm motor vehicle's registration unless the vehicle's owner provides
an applicable registration number issued by the comptroller. The bill
establishes that the procedures applicable to a hearing conducted for a
contested case regarding a dealer's or manufacturer's vehicle license plates
are those applicable to a hearing conducted under provisions relating to the sale
or lease of motor vehicles or the Administrative Procedure Act.
C.S.H.B. 2701 establishes that,
for purposes of statutory provisions prohibiting a person from engaging in
business as a dealer, directly or indirectly, including by consignment,
without a dealer general distinguishing number, a domiciliary of another
state who holds a dealer license and bond, if applicable, issued by the other
state is not engaging in business as a dealer by buying, selling, including
by consignment, or exchanging at a public auction an antique vehicle that is
at least 25 years of age or a special interest vehicle.
C.S.H.B. 2701 changes the
entity to which an applicant for a drive-a-way in-transit license is required
to submit an application from the board of TxDMV to TxDMV. The bill includes
the wilful omission of material information from an application or other
information filed with TxDMV among the conditions under which TxDMV is
authorized to cancel a dealer's general distinguishing number. The bill
removes the requirement that the vehicle titles and registration division of
TxDMV manage the dealer's and converter's temporary tag database and the
buyer's temporary tag database and instead requires TxDMV to manage both
databases. The bill clarifies that the authority of the board to adopt rules
regarding the placement of license plates is for all vehicle types unless
limited by other law.
C.S.H.B. 2701 establishes, in a
temporary provision set to expire January 31, 2016, that TxDMV is not
required to issue a specialty license plate that was created or authorized by
an Act of the 84th Legislature, Regular Session, 2015, until January 1, 2016.
C.S.H.B. 2701 entitles a
veteran of the U.S. armed forces to register, for the person's own use, a
motor vehicle for a disabled veteran specialty license plate if the motor
vehicle is a motor home, among other conditions, and removes the requirement that
the letters "DV" be on certain disabled veteran specialty license
plates. The bill expands the types of exhibition vehicles for which TxDMV is
required to issue specialty license plates to include a bus that is at least
25 years old; is a collector's item; is used exclusively for exhibitions,
club activities, parades, and other functions of public interest and is not
used for regular transportation; and does not carry advertising. The bill
requires the license plates for such a bus to include the words "Antique
Bus." The bill makes it an offense to operate on a public highway during
a registration period a truck-tractor that does not display a license plate
that has been assigned by TxDMV for the applicable registration period and
complies with certain TxDMV rules. The bill increases the required length of a
trailer or semitrailer for classification as a "house trailer" from
less than 40 feet to less than 45 feet.
C.S.H.B. 2701 removes the DPS authorization
to authorize the acceptance in Texas of a certificate of inspection and
approval issued in compliance with federal law to a motor bus that is
registered in Texas but is not domiciled in Texas. The bill removes the
requirement that DPS set the periods of compulsory inspection for vehicles
and removes the DPS authorization to make rules with respect to those
periods. The bill instead expressly requires a vehicle owner to obtain an
inspection not earlier than 90 days before the date of expiration of the
vehicle's registration. The bill adds as an alternative to the initial two-year
inspection period for a passenger car or light truck a one-year inspection period
and specifies that the length of the inspection period is at the option of
the purchaser of the vehicle. The bill applies the optional inspection
periods to a vehicle purchased by certain commercial fleet buyers for use in
Texas. The bill specifies that the initial inspection period for a passenger
car or light truck begins on the date on which registration begins when a
registration application is made for the first or subsequent sale of the
vehicle or made by certain commercial fleet buyers.
C.S.H.B. 2701 requires DPS to
ensure that the vehicle identification number of each inspected vehicle,
along with a notation on whether the vehicle complies with the applicable
inspection requirements, is included in the electronic database that DPS is
required to maintain to which inspection stations may electronically submit
the vehicle identification number, whether the vehicle passed the inspection,
and any other information required by DPS rule. The bill removes the
requirement that TxDMV or the county assessor-collector registering a vehicle
verify that the vehicle has passed inspection requirements under statutory
provisions relating to compulsory inspection of vehicles, as indicated in the
DPS inspection database, and instead requires TxDMV or the county assessor-collector
registering the vehicle to verify that the vehicle complies with the
applicable inspection requirements under statutory provisions relating to
compulsory inspection of vehicles and the Texas Clean Air Act, as indicated
in that database. The bill exempts from this requirement a vehicle, including
a token trailer, registered under statutory provisions relating to the international
registration plan.
C.S.H.B. 2701 authorizes TxDMV
or the county assessor-collector to register a vehicle that is not in
compliance with the applicable inspection requirements if the vehicle is
located in another state at the time the applicant applies for registration
or registration renewal and the applicant certifies that the vehicle is
located in another state and the applicant will comply with the applicable
inspection requirements and DPS's administrative rules regarding inspection
requirements once the vehicle is operated in Texas. The bill requires TxDMV
or the county assessor-collector to add a notation to TxDMV's registration
database for law enforcement to verify the inspection status of the vehicle. The
bill makes it a Class C misdemeanor offense to operate such a motor vehicle in
Texas if the vehicle is not in compliance with the applicable inspection
requirements or DPS's administrative rules regarding inspection requirements.
The bill authorizes a peace officer to require the owner or operator of the
vehicle to produce a vehicle inspection report issued for the vehicle if
TxDMV's registration database includes a notation for law enforcement to
verify the inspection status of the vehicle. The bill establishes a defense
to prosecution for the offense that a passing vehicle inspection report
issued for the vehicle is in effect at the time of the offense. The bill requires
the court to dismiss such a charge if the defendant remedies the defect not
later than the 20th working day after the date of the citation or before the
defendant's first court appearance date, whichever is later, or not later
than the 40th working day after the applicable deadline, and to assess an
administrative fee not to exceed $20 when the charge has been remedied. The
bill defines "working day" as any day other than a Saturday, a
Sunday, or a holiday on which county offices are closed.
C.S.H.B. 2701 replaces the
authority of the Texas Department of Transportation (TxDOT) to deny the
reregistration of a vehicle if the registered owner of the vehicle has
received notification that the vehicle is detected to violate certain
emission standards and the vehicle has not passed a verification emissions
inspection with the authority of TxDMV to deny the renewal of registration of
a vehicle under those conditions. The bill specifies that the fee for
inspection of a passenger car or light truck that is required to be set by
DPS by rule on or before September 1 of each year is for such a vehicle that receives
a two-year inspection period. The bill entitles the owner of a motor vehicle
who pays at the time of registration an inspection fee in excess of the required
amount to a refund of the overcharge. The bill requires a county
assessor-collector who collects an excessive fee, or TxDMV if TxDMV collected
the excessive fee, to refund an overcharge on presentation of satisfactory
evidence of the overcharge not later than the first anniversary of the date
the excessive inspection fee was paid. The bill requires the comptroller to
reimburse the appropriate entity for such a refund.
C.S.H.B. 2701 exempts certain
token trailers that display the required license plate from the requirement that
a registration receipt issued for a commercial motor vehicle, truck-tractor,
trailer, or semitrailer be carried on the vehicle when the vehicle is on a
public highway and be presented to an officer authorized to enforce the registration
of vehicles on request of the officer.
C.S.H.B. 2701 requires an operator
of a vehicle operating under a vehicle size and weight permit who is required
by law or rule to carry the permit in the vehicle to provide the vehicle permit
for the vehicle or a photocopy of the permit to a peace officer on request
and sets out provisions relating to such a permit provided by TxDMV
electronically. The bill establishes that the display of an image that
includes permit information on a wireless communication device does not
constitute effective consent for a law enforcement officer, or any other
person, to access the contents of the wireless communication device except to
view the permit information. The bill establishes that authorization of the
use of a wireless communication device to display permit information does not
prevent a court of competent jurisdiction from requiring a person to provide
a paper copy of the person's evidence of permit in a hearing or trial or in
connection with discovery proceedings. The bill prohibits a
telecommunications provider from being held liable to the operator of the
motor vehicle for the failure of a wireless communication device to display
permit information. The bill establishes the applicability of certain general
and specific statutory provisions relating to vehicle size and weight. The
bill changes the conditions under which a vehicle or combination of vehicles with
tires that carry a weight heavier than the weight specified and marked on the
sidewall of the tire is not prohibited from operating over or on a public
highway or at a port-of-entry between Texas and the United Mexican States
from operation of the vehicle under the terms of a special permit to
operation of the vehicle as expressly authorized under those terms.
C.S.H.B. 2701 defines
"permissible axle weight tolerance" and "permissible gross
weight tolerance" for purposes of statutory provisions relating to vehicles
transporting ready-mixed concrete and includes in the definition of
"ready-mixed concrete truck" for those purposes a volumetric
ready-mixed concrete truck. The bill sets out additional axle and gross
weight restrictions for ready-mixed concrete trucks authorized to operate on
a public highway of Texas. The bill removes the authorization for such a
truck to be operated at a weight that exceeds the maximum single axle or
tandem axle weight limitation by not more than 10 percent if the gross weight
is not heavier than 69,000 pounds and TxDMV has issued a permit that
authorizes the operation of the vehicle. The bill instead authorizes a ready-mixed
concrete truck to be operated within the permissible axle weight tolerance
and permissible gross weight tolerance if TxDMV has issued a permit that
authorizes the operation of the vehicle, provided that the permit may not
authorize the gross weight of a ready-mixed concrete truck to exceed the
permissible gross weight tolerance. The bill specifies that the operation of
a ready-mixed concrete truck in excess of the permissible gross weight
tolerance does not invalidate the permissible axle weight tolerance
authorized by a permit issued for the truck.
C.S.H.B. 2701 authorizes TxDMV
to issue a permit valid for 24 hours that authorizes the operation of a
commercial motor vehicle, trailer, semitrailer, or combination of those
vehicles, or a truck-tractor or combination of a truck-tractor and one or
more other vehicles at a certain axle and gross weight. The bill sets out the
qualifications required for issuance of such a permit, requires the applicant
to designate not more than five counties in which the vehicle will be operated,
limits operation to those designated counties, and prohibits a county from
requiring a permit, fee, or license of such a permit holder, with certain
exceptions. The bill requires a person, when the person applies for the
permit, to pay an administrative fee adopted by TxDMV board rule in an amount
not to exceed the direct and indirect cost to TxDMV of administering the
24-hour permit. The bill establishes a nonrefundable $50 permit fee and allocates
the fees collected as follows: 50 percent to the state highway fund and 50
percent divided among and distributed to the counties designated in the
permit application. The bill requires the comptroller, at least once each
fiscal year, to send the amount due each county to the county treasurer or
officer performing the function of that office for deposit to the credit of
the county road and bridge fund. The bill includes a vehicle operating under such
a permit, a vehicle operating under a permit that authorizes the operation of
a ready-mixed concrete truck within the permissible axle weight tolerance and
permissible gross weight tolerance, and a vehicle operating under a permit to
transport certain timber products among the vehicles authorized to operate
under the conditions authorized by their respective permits over a road for
which the executive director of TxDOT or a commissioners court of a county,
as applicable, has set a maximum weight. The bill establishes that intent to
operate a vehicle at a weight that is heavier than the weight authorized by
the 24-hour permit is presumed if the vehicle is operated at a weight that is
heavier than the applicable weight plus the tolerance allowance. The bill
specifies that such a permit or a permit for ready-mixed concrete trucks does
not authorize the operation of a vehicle on certain highways or certain bridges.
The bill includes a permit for ready-mixed concrete trucks and a 24-hour
permit for excess axle or gross weight among the permits for which the restriction
on operation of a vehicle on certain bridges does not apply.
C.S.H.B. 2701 requires TxDOT to
set minimum requirements for determining the feasibility, viability, and
economic impact of additional overweight corridors that take into
consideration traffic volume, ability to recover costs, and the role of
overweight corridors within a statewide plan for freight mobility; to use such
requirements to periodically develop recommendations for additional
overweight corridors that would benefit the state; to include any
recommendations in the international trade corridor plan; and to create a
pavement management plan for each operational overweight corridor. The bill
defines "overweight corridor" as a designated section of a state
highway for which an optional procedure is authorized for the issuance of
oversize or overweight vehicle permits by entities other than TxDOT or TxDMV
for the movement of such vehicles. The bill requires TxDOT, in consultation
with interested parties, to establish performance measures for each
operational overweight corridor, and to include in the international trade
corridor plan the results of an evaluation using the performance measures
disaggregated by the overweight corridor. The bill requires an entity issuing
overweight corridor permits to report information necessary for an evaluation
using performance measures to TxDOT and to consider the pavement management
plan for the overweight corridor in setting a fee for the permit. The bill
authorizes TxDMV to issue overweight corridor permits on behalf of an entity
authorized to issue the permits and to establish and charge a fee for issuing
a permit in an amount sufficient to recover the actual cost of issuance. The
bill requires the fee to be sent to the comptroller for deposit to the credit
of the Texas Department of Motor Vehicles fund, and limits appropriation of
the fee to TxDMV for the administration of the overweight corridors.
C.S.H.B. 2701 expands the applicability
of the prohibition against loading, or causing to be loaded, a vehicle for
operation on a public highway of Texas that exceeds the weight limitations
for operation of that vehicle over or on a public highway or at a
port-of-entry between Texas and the United Mexican States, as applicable, to
include exceeding height, width, and length limitations for operation under certain
statutory provisions relating to vehicle size and weight restrictions. The
bill makes it a Class C misdemeanor offense to operate or move on a public
highway a vehicle issued an oversize or overweight permit if the operator is
not the person named on the permit for the vehicle.
C.S.H.B. 2701 exempts from the
maximum width limitation for a vehicle operated on a public highway a vehicle
traveling during daylight on a public highway other than a highway that is
part of the national system of interstate and defense highways or traveling
for not more than 50 miles on a highway that is part of the national system
of interstate and defense highways a vehicle on which equipment used in the
harvesting and production of timber is being moved under certain conditions.
C.S.H.B. 2701 removes a specification
on TxDMV's authorization to issue a permit for the operation of a ready-mixed
concrete truck to such a truck with three axles and instead specifies that the
permit be issued in a manner prescribed by statutory provisions relating to
certain axle weight restrictions. The bill removes the specification that a
sticker issued for such a truck be placed above the vehicle's inspection
certificate. The bill exempts an owner of a ready-mixed concrete truck who
holds a permit for the truck from statutory provisions relating to local
regulation of vehicles transporting ready-mixed concrete.
C.S.H.B. 2701 removes a
provision limiting the jurisdiction of a municipal court relating to an
offense for the operation of an overweight vehicle by the holder of an
overweight vehicle permit to such an offense for which the fine does not
exceed $500. The bill authorizes TxDMV to issue an annual permit that allows
a person to operate over a state highway or road a vehicle or combination of
vehicles that exceeds the length and height limits provided by law, except
that the maximum length allowed may not exceed 110 feet and the maximum
height allowed may not exceed 14 feet. The bill requires an application for
such a permit to be accompanied by a permit fee of $960.
C.S.H.B. 2701 removes the
prohibition against TxDMV from issuing specialty license plates to certain
oil well servicing or drilling machinery unless the applicant submits proof
that the applicant has a permit to move such machinery.
C.S.H.B. 2701 includes revocation
of a motor carrier's registration among the administrative enforcement
actions TxDMV is authorized to take against a person issued an oversize or
overweight vehicle permit under certain circumstances. The bill prohibits a
person who has been ordered to pay an administrative penalty and the vehicle
that is the subject of the enforcement action from being issued a
registration, registration renewal, or reregistration of a motor carrier's
registration until the amount of the penalty has been paid to TxDMV. The bill
removes the requirement of a shipper, for a shipper's certificate of weight
to be valid, to certify that the information contained on the form is accurate
and to deliver the certificate to the motor carrier or other person
transporting the shipment before the motor carrier or other person applies
for an overweight permit. The bill instead requires the shipper, on the
written request of the person transporting the shipment, to certify that the
information contained on the certificate of weight is accurate and to deliver
the certificate of weight to the person transporting the shipment. The bill
requires the person transporting the shipment to provide TxDMV with a copy of
the certificate of weight before the issuance of an overweight permit if the
combined weight of the vehicle or vehicles and load is more than 200,000
pounds. The bill authorizes TxDMV to investigate and impose an administrative
penalty on a shipper who does not provide a shipper's certificate of weight.
C.S.H.B. 2701 requires TxDMV,
when TxDMV issues a permit for a vehicle transporting timber, to issue a
sticker to be placed on the front windshield of the vehicle. The bill
requires TxDMV to design the form of the sticker to aid in the enforcement of
weight limits for vehicles and requires the sticker to indicate the
expiration date of the permit and to be removed from the vehicle when the
permit for operation of the vehicle expires, a lease of the vehicle expires,
or the vehicle is sold. The bill revises provisions relating to the deadline
by which a financially responsible party is required to electronically file a
notification document with TxDMV for purposes of such a permit.
C.S.H.B. 2701 revises the
conditions under which TxDMV is authorized to deny registration as a motor
carrier to provide for denial if the applicant is owned, operated, managed,
or otherwise controlled by or affiliated with a person, including a family
member, corporate officer, entity, or shareholder, that owned, operated,
managed, or otherwise controlled a motor carrier that the Federal Motor
Carrier Safety Administration has placed out of service for unacceptable
safety compliance or has certain unpaid administrative penalties. The bill
authorizes TxDMV to deny a supplement to a motor carrier's application for
registration if the motor carrier is owned, operated, managed, or otherwise
controlled by or affiliated with a person, including a family member,
corporate officer, entity, or shareholder, that has certain unpaid
administrative penalties. The bill prohibits a motor carrier from renewing a registration
that has been expired for more than 180 days and authorizes the motor carrier
to obtain a new registration by complying with the requirements and
procedures for obtaining an original registration. The bill authorizes TxDMV
to deny a motor carrier's application to renew a registration if the motor
carrier is owned, operated, managed, or otherwise controlled by or affiliated
with a person, including a family member, corporate officer, entity, or
shareholder, that DPS has determined has an unsatisfactory safety rating
under federal law or has multiple violations of statutory provisions relating
to commercial motor vehicle safety standards, multiple violations of a rule
adopted under those provisions, or multiple violations of statutory
provisions relating to rules of the road; has owned, operated, managed, or
otherwise controlled a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety compliance;
or has unpaid administrative penalties. The bill authorizes a motor carrier,
if the motor carrier's registration has been suspended or revoked, to apply
to TxDMV for reregistration not later than the 180th day after the date the
registration was suspended or revoked, sets out the procedures for submitting
the application, and establishes the same conditions under which TxDMV may
deny the application for reregistration as those established for denial of an
application for registration renewal.
C.S.H.B. 2701 specifies that the
cab card a motor carrier is required to keep in the cab of each vehicle the
carrier operates requiring registration is a legible electronic or hard copy.
The bill authorizes TxDMV to determine the required amount of liability
insurance for a motor carrier if no amount is required under federal law or
regulation and authorizes the evidence of insurance a motor carrier is
required to keep in the cab of each vehicle requiring registration the
carrier operates to be in electronic form. The bill revises provisions
relating to an established tariff filed by a motor carrier transporting
household goods to provide that the tariff applies to all transportation
services instead of the tariff applying to transportation between two or more
municipalities. The bill authorizes TxDMV to suspend, revoke, or deny a
registration issued or place on probation a motor carrier whose registration
is suspended if a motor carrier violates a rule or order adopted under
statutory provisions regarding vehicle size and weight or is owned, operated,
managed, or otherwise controlled by or affiliated with a person, including a
family member, corporate officer, entity, or shareholder whose registration
has previously been revoked or denied or that has certain unpaid
administrative penalties. The bill clarifies that a motor carrier that is required
to pay a penalty, cost, fee, or expense under statutory provisions relating
to the administrative hearing process or administrative penalties is not
eligible for a registration, reregistration, or registration renewal until
all required amounts have been paid to TxDMV. The bill makes it a Class C
misdemeanor offense for a person to fail to comply with an alternative method
regarding a motor carrier cab card established by TxDMV, unless the person
keeps a cab card in the cab of a vehicle as required.
C.S.H.B. 2701 makes certain
changes to clarify, conform, and update provisions to the federal unified
carrier registration plan and agreement. The bill clarifies that the
exemption of a motor transportation broker who holds a permit issued under
federal law from certain requirements applies to a motor transportation
broker who is registered as a motor carrier or broker under federal law. The
bill increases the minimum amount of bond that a person is required to
provide to TxDMV to act as a motor transportation broker from $10,000 to
$75,000.
C.S.H.B. 2701 changes from
quarterly to annually the minimum frequency at which the chair of the board
of TxDMV is required to report to the governor on the state of affairs of
TxDMV. The bill repeals provisions relating to the designation of a registration
period by a person who owns more than one motor vehicle or trailer that is
subject to registration.
C.S.H.B. 2701 amends the
Government Code to include certain papers and electronic communications of a
hearings examiner at TxDMV among the working papers and electronic
communications that are excepted from state public information law. The bill
includes an administrative court fee on remediation of a charge of driving a
vehicle without complying with inspection requirements as certified under the
bill's provisions among the fees an accused or defendant, or party to a civil
suit, as applicable, is required to pay if ordered by the court or otherwise
required.
C.S.H.B. 2701, on September 1,
2015, re-creates the Texas Department of Motor Vehicles fund created by
Section 1001.151, Transportation Code, as enacted by Section 71, Chapter 1287
(H.B. 2202), Acts of the 83rd Legislature, Regular Session, 2013, as a
special fund in the state treasury outside the general revenue fund and
rededicates all revenue dedicated for deposit to the credit of the TxDMV fund
by a provision of Chapter 1287 (H.B. 2202), Acts of the 83rd Legislature,
Regular Session, 2013. The bill requires the comptroller, on September 1,
2015, to transfer to the credit of the re-created fund an amount from the
state highway fund equal to the total amount of additional registration fees
collected or received by TxDMV for the automated registration and titling
system during the period beginning November 1, 2009, and ending August 31,
2013. The bill establishes that to the extent that the money from the state
highway fund transferred to the credit of the re-created TxDMV fund was,
before September 1, 2013, used as collateral or as a source of payment for
the repayment of a loan, bond, credit agreement, public security, or other
obligation, that amount remains subject to use as collateral or as a source
of payment for the obligation. The bill requires such an obligation to be
paid first from the state highway fund and subjects the TxDMV fund to payment
of the obligation only to the extent the state highway fund is depleted at
the time the obligation matures and becomes due. The bill establishes that, except
as so specified, of the revenue dedicated for deposit to the credit of the TxDMV
fund by a provision of Chapter 1287 (H.B. 2202), Acts of the 83rd Legislature,
Regular Session, 2013, the comptroller shall deposit to the credit of that
fund only revenue received on or after
September 1, 2015.
C.S.H.B. 2701 amends the Tax
Code to make a nonsubstantive change.
C.S.H.B. 2701 repeals Sections
2301.005(d) and (e), Occupations Code, and the following provisions of the
Transportation Code:
ˇ
Section 502.1585
ˇ
Section 503.001(2)
ˇ
Section 504.202(i)
ˇ
Sections 621.203(c) and (d)
ˇ
Section 643.001(7-a)
ˇ
Section 643.064(a)
ˇ
Section 645.002(a)
|
|
INTRODUCED
|
HOUSE
COMMITTEE SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION
1. Section 103.0213, Government Code, is amended to read as follows:
Sec.
103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES:
TRANSPORTATION CODE. An accused or defendant, or a party to a civil suit,
as applicable, shall pay the following fees and costs under the
Transportation Code if ordered by the court or otherwise required:
(1)
administrative fee on dismissal of charge of driving with an expired motor
vehicle registration (Sec. 502.407, Transportation Code) . . . not to
exceed $20;
(2)
administrative fee on dismissal of charge of driving with an expired
driver's license (Sec. 521.026, Transportation Code) . . . not to exceed
$20;
(3) administrative
fee on remediation of charge of driving a vehicle without complying with
inspection requirements as certified (Sec. 548.605, Transportation Code) .
. . not to exceed $20;
(4)
administrative fee for failure to appear for a complaint or citation on
certain offenses (Sec. 706.006, Transportation Code) . . . $30 for each
violation; and
(5)
[(4)] administrative fee for failure to pay or satisfy certain
judgments (Sec. 706.006, Transportation Code) . . . $30.
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|
SECTION 1. Section 552.144,
Government Code, is amended.
|
SECTION 2.
Same as introduced version.
|
|
SECTION 2. Section 2301.258,
Occupations Code, is amended.
|
SECTION 3.
Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
4. Section 2301.362, Occupations Code, is amended by amending Subsection
(a) and adding Subsection (c) to read as follows:
(a)
Except as provided by Subsections [Subsection] (b) and (c)
and Sections 2301.358(c) and (d), a dealer may only sell or offer to sell a
motor vehicle from an established and permanent place of business:
(1) that
is approved by the division; and
(2) for
which a general distinguishing number has been issued.
(c) A
dealer may sell, offer to sell, including by consignment, or exchange an antique
motor vehicle that is at least 25 years of age or a special interest
vehicle at a public auction.
|
|
SECTION 3. Section
2301.453(c), Occupations Code, is amended.
|
SECTION 5.
Same as introduced version.
|
|
SECTION 4. Section
2301.454(b), Occupations Code, is amended.
|
SECTION 6.
Same as introduced version.
|
|
SECTION 5. Section
2301.606(c), Occupations Code, as amended by Chapters 1135 (H.B. 2741) and
1379 (H.B. 1692), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
|
SECTION 7.
Same as introduced version.
|
|
SECTION 6. Section
2301.607(c), Occupations Code, as amended by Chapters 1135 (H.B. 2741) and
1379 (H.B. 1692), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
|
SECTION 8.
Same as introduced version.
|
|
SECTION 7. Section 2301.608,
Occupations Code, as amended by Chapters 1135 (H.B. 2741) and 1379 (H.B.
1692), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended.
|
SECTION 9.
Same as introduced version.
|
|
SECTION 8. Section
2301.610(d), Occupations Code, as amended by Chapters 1135 (H.B. 2741) and
1379 (H.B. 1692), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
|
SECTION
10. Same as introduced version.
|
|
SECTION 9. Section 2301.612,
Occupations Code, is amended.
|
SECTION
11. Same as introduced version.
|
|
SECTION 10. Section
2301.651(a), Occupations Code, is amended.
|
SECTION
12. Same as introduced version.
|
|
SECTION 11. Section
2301.711, Occupations Code, is amended.
|
SECTION
13. Same as introduced version.
|
|
SECTION 12. Section
2301.712(b), Occupations Code, is amended.
|
SECTION
14. Same as introduced version.
|
|
SECTION 13. Section
2301.713, Occupations Code, as amended by Chapters 1135 (H.B. 2741) and
1379 (H.B. 1692), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
|
SECTION
15. Same as introduced version.
|
|
SECTION 14. Section
171.1011(g-7), Tax Code, is amended.
|
SECTION
16. Same as introduced version.
|
|
SECTION 15. Section
256.101(3), Transportation Code, is amended.
|
SECTION
17. Same as introduced version.
|
|
SECTION 16. Section
501.002(30), Transportation Code, is amended.
|
SECTION
18. Same as introduced version.
|
|
SECTION 17. Section
501.004(b), Transportation Code, is amended.
|
SECTION 19.
Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
20. Subchapter A, Chapter 501, Transportation Code, is amended by adding
Section 501.008 to read as follows:
Sec.
501.008. TITLE FOR AUTOCYCLE. (a) In this section, "autocycle"
means a motor vehicle, other than a tractor, that is:
(1)
designed to have when propelled not more than three wheels on the ground;
(2)
equipped with a steering wheel;
(3)
equipped with seating that does not require the operator to straddle or sit
astride the seat; and
(4)
manufactured and certified to comply with federal safety requirements for a
motorcycle.
(b)
For purposes of issuing a title under this chapter, an autocycle is
considered to be a motorcycle.
|
|
SECTION 18. Section
501.021(a), Transportation Code, is amended.
|
SECTION
21. Same as introduced version.
|
|
SECTION 19. Section
501.0234(a), Transportation Code, is amended to read as follows:
(a) A person who sells,
including by consignment, 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 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) at the time the
person files for title and registration
under Subdivision (1), remit any required motor vehicle sales tax.
|
SECTION
22. Section 501.0234(a), Transportation Code, is amended to read as
follows:
(a) A
person who sells, including by consignment, 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 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) at
the time the person files for title under Subdivision (1), remit any
required motor vehicle sales tax.
|
|
SECTION 20. The heading to
Section 501.036, Transportation Code, is amended.
|
SECTION
23. Same as introduced version.
|
|
SECTION 21. Section 501.036,
Transportation Code, is amended.
|
SECTION
24. Same as introduced version.
|
|
SECTION 22. Section 501.037,
Transportation Code, is amended.
|
SECTION
25. Same as introduced version.
|
|
SECTION 23. Section 501.052,
Transportation Code, is amended.
|
SECTION
26. Same as introduced version.
|
|
SECTION 24. Section
501.0521, Transportation Code, is amended.
|
SECTION
27. Same as introduced version.
|
|
SECTION 25. Section
501.097(a), Transportation Code, as amended by Chapters 1136 (H.B. 1422)
and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,
is reenacted and amended.
|
SECTION
28. Same as introduced version.
|
|
SECTION 26. The heading to
Section 501.134, Transportation Code, is amended.
|
SECTION
29. Same as introduced version.
|
|
SECTION 27. Sections
501.134(a), (b), and (c), Transportation Code, are amended to read as
follows:
(a) The [If a
printed title is lost or destroyed, the] owner or lienholder disclosed
on a [the] title may obtain, in the manner provided by this
section and department rule, a certified copy of the [lost or destroyed]
title directly from the department by applying in a manner prescribed by
the department and paying a fee [of $2.
A fee collected under this subsection shall be deposited to the credit of
the Texas Department of Motor Vehicles fund and may be spent only]
as provided by Section 501.138.
(b) If a lien is disclosed
on a title, the department may issue a certified copy of the [original]
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. A certified copy of the title that is
lawfully obtained under this section supersedes and invalidates any previously
issued title or certified copy. If the certified copy of title is later
rescinded, canceled, or revoked under Section 501.051, the department may
reinstate or reissue a previously superseded or invalidated title or
certified copy of title. 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.
|
SECTION
30. Sections 501.134(a), (b), and (c), Transportation Code, are amended to
read as follows:
(a) The
[If a printed title is lost or destroyed, the] owner or lienholder
disclosed on a [the] title may obtain, in the manner provided
by this section and department rule, a certified copy of the [lost or
destroyed] title directly from the department by applying in a manner
prescribed by the department and paying a fee of
$2. A fee collected under this subsection shall be deposited to the credit
of the Texas Department of Motor Vehicles fund and may be spent only
as provided by Section 501.138.
(b) If a
lien is disclosed on a title, the department may issue a certified copy of
the [original] 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. A certified copy of the title
that is lawfully obtained under this section supersedes and invalidates any
previously issued title or certified copy. If the certified copy of title
is later rescinded, canceled, or revoked under Section 501.051, the
department may reinstate or reissue a previously superseded or invalidated
title or certified copy of title. 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.
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|
SECTION 28. Sections
501.138(a), (b), and (c), Transportation Code, are amended to read as
follows:
(a) An applicant for a title
or certified copy of title, other than the state or a political
subdivision of the state, must pay 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 shall be
distributed as follows:
(1) for an application
that is not made under Section 501.134, $5 of the fee to the county
treasurer for deposit in the officers' salary fund;
(2) $8 of the fee, or $13
of the fee for an application under Section 501.134, to the department:
(A) together with an
[the] application not made under Section 501.134 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.
(c) Of the amount received
under Subsection (b)(2), the department shall deposit:
(1) $5 in the general
revenue fund; and
(2) $3, or $8 for an
application under Section 501.134, to the credit of the Texas
Department of Motor Vehicles fund to recover the expenses necessary to
administer this chapter.
|
No equivalent provision.
|
|
SECTION 29. Sections
502.001(2) and (40), Transportation Code, are amended.
|
SECTION
31. Same as introduced version.
|
|
SECTION 30. Sections
502.0023(c) and (d-1), Transportation Code, are amended to read as follows:
(c) In addition to the
registration fees prescribed by this chapter, an owner registering a
commercial fleet under this section shall pay:
(1) a one-time [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.
(d-1) The department shall
issue a license plate for a token trailer registered under this section
that does not expire. The license plate must include the word
"Permanent." A [alphanumeric pattern for a] license
plate issued under this subsection may remain on a token trailer [for as
long as the registration of the token trailer is renewed or] until the
token trailer is removed from service or sold.
The registration receipt
required under Section 621.002 is not required for a vehicle that displays
a license plate issued under this subsection.
|
SECTION
32. Section 502.0023, Transportation Code, is amended by amending
Subsections (c) and (d-1) and adding Subsection (k) to read as follows:
(c) In
addition to the registration fees prescribed by this chapter, an owner
registering a commercial fleet under this section shall pay:
(1) a
one-time [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.
(d-1) The
department shall issue a license plate for a token trailer registered under
this section that does not expire. The license plate must include the
word "Permanent." A [alphanumeric pattern for a]
license plate issued under this subsection may remain on a token trailer [for
as long as the registration of the token trailer is renewed or] until
the token trailer is removed from service or sold, provided that the license
plate must be removed if the department cancels, suspends, or revokes the
registration for the token trailer as provided by law or department rule.
The registration receipt required under Section 621.002 is not required for
a vehicle that displays a license plate issued under this subsection.
(k) A token trailer that displays a license
plate issued under Subsection (d-1) is subject to the inspection
requirements under Chapter 548 as if the token trailer was not permanently
registered. The department and the Department of Public Safety shall adopt
rules to establish a method to enforce the inspection requirements under
Chapter 548 for a token trailer that displays a license plate issued under
Subsection (d-1). The rules must authorize the department to suspend the
registration of a token trailer that displays a license plate issued under
Subsection (d-1) for failure to comply with the inspection requirements.
The department may assess a fee to cover the department's administrative
costs to implement this subsection.
|
|
No
equivalent provision.
|
SECTION
33. Subchapter A, Chapter 502, Transportation Code, is amended by adding
Section 502.004 to read as follows:
Sec.
502.004. REGISTRATION OF AUTOCYCLE. (a) In this section,
"autocycle" means a motor vehicle, other than a tractor, that is:
(1)
designed to have when propelled not more than three wheels on the ground;
(2)
equipped with a steering wheel;
(3)
equipped with seating that does not require the operator to straddle or sit
astride the seat; and
(4)
manufactured and certified to comply with federal safety requirements for a
motorcycle.
(b)
For purposes of registering a vehicle under this chapter, an autocycle is
considered to be a motorcycle.
|
|
No
equivalent provision.
|
SECTION
34. Subchapter A, Chapter 502, Transportation Code, is amended by adding
Section 502.005 to read as follows:
Sec.
502.005. INFORMATION ON ALTERNATIVELY FUELED VEHICLES. (a) In this
section, "alternatively fueled vehicle" means a motor vehicle
that is capable of using a fuel other than gasoline or diesel fuel.
(b)
The department by rule shall establish a program to collect information
about the number of alternatively fueled vehicles registered in this state.
(c)
The department shall submit an annual report to the legislature that
includes the information collected under this section. The report must, at
a minimum, show the number of vehicles registered in this state that use:
(1)
electric plug-in drives;
(2)
hybrid electric drives; and
(3)
compressed natural gas drives.
|
|
No
equivalent provision.
|
SECTION
35. Sections 502.044(a) and (e), Transportation Code, are amended to read
as follows:
(a) Except
as provided by Subsection (e), the [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.
(e) The
department shall use the date of sale of the vehicle in designating the
registration period [year] for a vehicle for which
registration is applied [for] under Section 501.0234 or by a
commercial fleet buyer described by Section 501.0234(b)(4). Unless the
department designates a registration period of less than 12 months, the
registration period is:
(1) 12
consecutive months if the vehicle receives a one-year inspection period
under Section 548.102; or
(2) 24
consecutive months if the vehicle receives a two-year inspection period
under Section 548.102, provided that all fees are paid for each year of
registration.
|
|
SECTION 31. Sections
502.146(a) and (h), Transportation Code, are amended to read as follows:
(a) The department shall
issue distinguishing [specialty] license plates to a vehicle
described by Subsection (b) or (c). The fee for the license plates is $5
and shall be deposited to the credit of the Texas Department of Motor
Vehicles fund.
(h) A distinguishing
[specialty] license plate may not be issued or renewed under
Subsection (a) to an owner of a vehicle described by Subsection (b)(1)
unless the vehicle's owner provides a registration number issued by the
comptroller under Section 151.1551, Tax Code. The comptroller shall allow
access to the online system established under Section 151.1551(l), Tax
Code, to verify a registration number provided under this subsection.
|
SECTION
36. Section 502.146, Transportation Code, is amended by amending Subsections
(a), (e), and (h) and adding Subsection (c-1) to read as follows:
(a) The
department shall issue distinguishing [specialty] license
plates to a vehicle described by Subsection (b) or (c). The fee for the
license plates is $5 and shall be deposited to the credit of the Texas
Department of Motor Vehicles fund.
(c-1) An exemption provided by this section
applies to a vehicle owned by a farmers' cooperative society incorporated
under Chapter 51, Agriculture Code, or a marketing association organized
under Chapter 52, Agriculture Code, and used by members of the society or
association for a fee if the vehicle otherwise meets the requirements for
the exemption.
(e) Except as provided by Subsection (c-1),
this [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.
(h) A distinguishing
[specialty] license plate may not be issued or renewed under
Subsection (a) to an owner of a vehicle described by Subsection (b)(1)
unless the vehicle's owner provides a registration number issued by the
comptroller under Section 151.1551, Tax Code, or the vehicle is owned by a farmers' cooperative society
incorporated under Chapter 51, Agriculture Code, or a marketing association
organized under Chapter 52, Agriculture Code. The comptroller
shall allow access to the online system established under Section
151.1551(l), Tax Code, to verify a registration number provided under this
subsection.
|
|
SECTION 32. Subchapter D,
Chapter 502, Transportation Code, is amended.
|
SECTION
37. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
38. Subchapter E, Chapter 502, Transportation Code, is amended by adding
Section 502.1931 to read as follows:
Sec.
502.1931. DISPUTED PAYMENT BY CREDIT CARD OR DEBIT CARD. (a) A county
assessor-collector who receives from any person a payment by credit card or
debit card for a registration fee for a registration year that has not
ended that is returned unpaid because the payment by the credit card or
debit card has been disputed by the credit card or debit card company 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 assessor-collector is made aware that the credit card or
debit card payment has been disputed and:
(1) be
under the assessor-collector's official seal;
(2)
include the name and address of the person who authorized the credit card
or debit card payment;
(3)
include the license plate number and make of the vehicle;
(4) be
accompanied by evidence from the credit card or debit card company that the
company has determined that it will not make payment on the disputed credit
card or debit card charge; 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 authorized the credit card or debit card payment, if
the person is in the county, and demand immediate redemption of payment
from the person. If the person fails or refuses to redeem the payment, 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
assessor-collector.
|
|
SECTION 33. The heading to
Section 502.255, Transportation Code, is amended.
|
SECTION
39. Same as introduced version.
|
|
SECTION 34. Sections
502.255(c), (i), and (j), Transportation Code, are amended to read as
follows:
(c) The one-time fee
for registration of a semitrailer used in the manner described by Subsection
(a), regardless of the date the semitrailer is registered, is $105 [$15
for a registration year].
(i) The department shall
issue a license plate for a token trailer registered under this section
that does not expire or require an annual registration insignia to be
valid. The license plate must include the word "Permanent." A
[alphanumeric pattern for a] license plate issued under this
subsection may remain on a token trailer [for as long as the
registration of the token trailer is renewed or] until the token
trailer is removed from service or sold. The registration receipt required
under Section 621.002 is not required for a vehicle that displays a license
plate issued under this subsection.
(j) A person may register a
semitrailer under this section if the person:
(1) applies to the department
for registration;
(2) provides proof of the
person's eligibility to register the vehicle under this subsection as
required by the department; and
(3) pays the [a]
fee required by Subsection (c) [of $15], plus any other
applicable fee under this chapter [Section 502.401, for each year
included in the registration period].
|
SECTION
40. Section 502.255, Transportation Code, is amended by amending
Subsections (c), (i), and (j) and adding Subsection (k) to read as follows:
(c) The one-time
fee for registration of a semitrailer used in the manner described by
Subsection (a), regardless of the date the semitrailer is registered, is $105
[$15 for a registration year].
(i) The
department shall issue a license plate for a token trailer registered under
this section that does not expire or require an annual registration
insignia to be valid. The license plate must include the word
"Permanent." A [alphanumeric pattern for a] license
plate issued under this subsection may remain on a token trailer [for as
long as the registration of the token trailer is renewed or] until the
token trailer is removed from service or sold, provided that the license plate must be removed if the department
cancels, suspends, or revokes the registration for the token trailer as
provided by law or department rule. The registration receipt
required under Section 621.002 is not required for a vehicle that displays
a license plate issued under this subsection.
(j) A
person may register a semitrailer under this section if the person:
(1)
applies to the department for registration;
(2)
provides proof of the person's eligibility to register the vehicle under
this subsection as required by the department; and
(3) pays the
[a] fee required by Subsection (c) [of $15], plus any other
applicable fee under this chapter [Section 502.401, for each year
included in the registration period].
(k) A token trailer that displays a license
plate issued under Subsection (i) is subject to the inspection requirements
under Chapter 548 as if the token trailer was not permanently registered.
The department and the Department of Public Safety shall adopt rules to
establish a method to enforce the inspection requirements under Chapter 548
for a token trailer that displays a license plate issued under Subsection
(i). The rules must authorize the department to suspend the registration
of a token trailer that displays a license plate issued under Subsection
(i) for failure to comply with the inspection requirements. The department
may assess a fee to cover the department's administrative costs to
implement this subsection.
|
|
SECTION 35. Section
502.433(a-1), Transportation Code, is amended.
|
SECTION
41. Same as introduced version.
|
|
SECTION 36. Section 503.001(1),
Transportation Code, is amended.
|
SECTION
42. Same as introduced version.
|
|
SECTION 37. Section 503.003,
Transportation Code, is amended.
|
SECTION
43. Same as introduced version.
|
|
SECTION 38. Section
503.007(a), Transportation Code, is amended.
|
SECTION
44. Same as introduced version.
|
|
SECTION 39. Section
503.009(b), Transportation Code, as repealed by Chapter 1135 (H.B. 2741),
Acts of the 83rd Legislature, Regular Session, 2013, and amended by Chapter
1379 (H.B. 1692), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
|
SECTION
45. Same as introduced version.
|
|
SECTION 40. Section 503.010,
Transportation Code, is amended.
|
SECTION
46. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
47. Section 503.024, Transportation Code, is amended by adding Subsection
(c-1) to read as follows:
(c-1)
For the purposes of Section 503.021, a domiciliary of another state who
holds a dealer license and bond, if applicable, issued by the other state
is not engaging in business as a dealer by buying, selling, including by
consignment, or exchanging at a public auction an antique vehicle that is
at least 25 years of age or a special interest vehicle.
|
|
SECTION 41. Section
503.031(a), Transportation Code, is amended.
|
SECTION
48. Same as introduced version.
|
|
SECTION 42. Section
503.038(a), Transportation Code, is amended.
|
SECTION
49. Same as introduced version.
|
|
SECTION 43. Section
503.0626(a), Transportation Code, is amended.
|
SECTION
50. Same as introduced version.
|
|
SECTION 44. Section
503.0631(a), Transportation Code, is amended.
|
SECTION
51. Same as introduced version.
|
|
SECTION 45. Section
503.069(a), Transportation Code, is amended.
|
SECTION
52. Same as introduced version.
|
|
SECTION 46. Section
504.010(c), Transportation Code, is amended.
|
SECTION
53. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
54. Subchapter A, Chapter 504, Transportation Code, is amended by adding
Section 504.011 to read as follows:
Sec.
504.011. ISSUANCE DATE FOR CERTAIN SPECIALTY LICENSE PLATES. (a) The
department is not required to issue a specialty license plate under this
chapter that was created or authorized by an Act of the 84th Legislature,
Regular Session, 2015, until January 1, 2016.
(b)
This section expires January 31, 2016.
|
|
SECTION 47. Sections
504.202(b) and (e), Transportation Code, are amended.
|
SECTION
55. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
56. Sections 504.502(a) and (b), Transportation Code, are amended to read
as follows:
(a) The
department shall issue specialty license plates for a passenger car, truck,
motorcycle, bus, or former military vehicle that:
(1) is at
least 25 years old, if the vehicle is a passenger car, truck, [or]
motorcycle, or bus;
(2) is a
collector's item;
(3) is
used exclusively for exhibitions, club activities, parades, and other
functions of public interest and is not used for regular transportation;
and
(4) does
not carry advertising.
(b) The
license plates must include the words "Antique Auto,"
"Antique Truck," "Antique Motorcycle," "Antique
Bus," or "Military Vehicle," as appropriate.
|
|
SECTION 48. Section
504.943(b), Transportation Code, is amended.
|
SECTION
57. Same as introduced version.
|
|
SECTION 49. Section
541.201(5), Transportation Code, is amended.
|
SECTION
58. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
59. Section 548.005, Transportation Code, is amended to read as follows:
Sec.
548.005. INSPECTION ONLY BY STATE-CERTIFIED AND SUPERVISED INSPECTION
STATION. A compulsory inspection under this chapter may be made only by an
inspection station, except that the department may:
(1)
permit inspection to be made by an inspector under terms and conditions the
department prescribes; and
(2)
authorize the acceptance in this state of a certificate of inspection and
approval issued in another state having a similar inspection law[; and
[(3)
authorize the acceptance in this state of a certificate of inspection and
approval issued in compliance with 49 C.F.R. Part 396 to a motor bus, as
defined by Section 502.001, that is registered in this state but is not
domiciled in this state].
|
|
No
equivalent provision.
|
SECTION
60. Section 548.101, Transportation Code, is amended to read as follows:
Sec.
548.101. GENERAL ONE-YEAR INSPECTION PERIOD. (a) Except as
provided by Section 548.102, the department shall require an annual
inspection.
(b) A
[The department shall set the periods of inspection and may make rules
with respect to those periods. The rules must provide that:
[(1) a]
vehicle owner must [may] obtain an inspection not earlier
than 90 days before the date of expiration of the vehicle's registration.
(c) A[;
and
[(2) a]
used motor vehicle sold by a dealer, as defined by Section 503.001, must be
inspected in the 180 days preceding the date the dealer sells the vehicle.
|
|
No
equivalent provision.
|
SECTION
61. The heading to Section 548.102, Transportation Code, is amended to
read as follows:
Sec.
548.102. [TWO-YEAR] INITIAL INSPECTION PERIOD FOR PASSENGER CAR OR
LIGHT TRUCK.
|
|
No
equivalent provision.
|
SECTION
62. Section 548.102, Transportation Code, is amended by amending
Subsection (a) and adding Subsection (c) to read as follows:
(a) The
initial inspection period is one year or two years, at the option
of the purchaser of the vehicle, for a passenger car or light truck
that:
(1) is
sold in this state or purchased by a commercial fleet buyer described by
Section 501.0234(b)(4) for use in this state;
(2) has
not been previously registered in this or another state; and
(3) on
the date of sale is of the current or preceding model year.
(c)
Notwithstanding any other provision of this chapter, the initial inspection
period begins on the date on which registration begins when a registration
application is made:
(1) under
Section 501.0234; or
(2) by
a commercial fleet buyer described by Section 501.0234(b)(4).
|
|
No
equivalent provision.
|
SECTION
63. Section 548.201(b), Transportation Code, is amended to read as
follows:
(b) A
program under this section also applies to any:
(1)
vehicle or combination of vehicles with a gross weight rating of more than
10,000 pounds that is operated in interstate commerce and registered in
this state;
(2)
school activity bus, as defined in Section 541.201, that has a gross
weight, registered weight, or gross weight rating of more than 26,000
pounds, or is designed to transport more than 15 passengers, including the
driver; and
(3)
school bus that will operate at a speed authorized by Section 545.352(b)(4)(A)
[545.352(b)(5)(A)].
|
|
No
equivalent provision.
|
SECTION
64. Section 548.251, Transportation Code, is amended to read as follows:
Sec.
548.251. DEPARTMENT TO MAINTAIN DATABASE. The department shall maintain
an electronic database to which inspection stations may electronically submit
the information required by Section 548.253. The department must ensure
that the vehicle identification number of each inspected vehicle is
included in the database, along with a notation on whether the vehicle
complies with the applicable inspection requirements under this chapter and
Chapter 382, Health and Safety Code.
|
|
No
equivalent provision.
|
SECTION
65. Section 548.256, Transportation Code, is amended to read as follows:
Sec.
548.256. PROOF OF COMPLIANCE WITH INSPECTION REQUIREMENTS
REQUIRED TO REGISTER VEHICLE. (a) Except as provided by Subsection (b)
or (c), before [Before] a vehicle may be registered, the Texas
Department of Motor Vehicles or the county assessor-collector registering
the vehicle shall verify that the vehicle complies with [has
passed] the applicable inspection requirements under this chapter
and Chapter 382, Health and Safety Code [inspections required by
this chapter], as indicated in the department's inspection database.
If the database information is not available, the owner of the vehicle may
present a vehicle inspection report issued for the vehicle.
(b)
The Texas Department of Motor Vehicles or a county assessor-collector may
register a vehicle that is not in compliance with the applicable inspection
requirements under this chapter or Chapter 382, Health and Safety Code, if
the vehicle is located in another state at the time the applicant applies
for registration or registration renewal under Chapter 502 and the
applicant certifies that the vehicle is located in another state and the
applicant will comply with the applicable inspection requirements under
this chapter, Chapter 382, Health and Safety Code, and the department's
administrative rules regarding inspection requirements once the vehicle is
operated in this state. The Texas Department of Motor Vehicles or the
county assessor-collector shall add a notation to the Texas Department of
Motor Vehicles' registration database for law enforcement to verify the
inspection status of the vehicle.
(c)
Subsection (a) does not apply to a vehicle, including a token trailer, that
is being registered under Section 502.091.
|
|
No
equivalent provision.
|
SECTION
66. Section 548.301(c), Transportation Code, is amended to read as
follows:
(c) A
program established under this section must include registration and registration
renewal-based [reregistration-based] enforcement.
|
|
No
equivalent provision.
|
SECTION
67. Sections 548.3011(a) and (c), Transportation Code, are amended to read
as follows:
(a) This
section applies only to a vehicle:
(1) the
most recent [certificate of] title for which or registration of
which was issued in a county without a motor vehicle emissions inspection
and maintenance program; and
(2) the
ownership of which has changed and which has been the subject of a retail
sale as defined by Section 2301.002, Occupations Code.
(c) A
vehicle subject to this section is not eligible for a title receipt under
Section 501.024, a [certificate of] title under Section 501.027, or
registration under Chapter 502 in a county with a motor vehicle emissions
inspection and maintenance program unless proof is presented with the
application for [certificate of] title or registration, as
appropriate, that the vehicle, not earlier than the 90th day before the
date on which the new owner's application for [certificate of] title
or registration is filed with the county clerk or county
assessor-collector, as appropriate, is in compliance with the emissions
inspection requirements as determined by the department [has passed
an approved vehicle emissions test in the county in which it is to be
titled or registered].
|
|
No
equivalent provision.
|
SECTION
68. Section 548.306(h), Transportation Code, is amended to read as
follows:
(h) The
Texas Department of Motor Vehicles [Transportation] may deny the
renewal of registration [reregistration] of a vehicle if the
registered owner of the vehicle has received notification under Subsection
(c) and the vehicle has not passed a verification emissions inspection.
|
|
No
equivalent provision.
|
SECTION
69. The heading to Section 548.503, Transportation Code, is amended to
read as follows:
Sec.
548.503. [INITIAL] TWO-YEAR INSPECTION OF PASSENGER CAR OR LIGHT
TRUCK.
|
|
No
equivalent provision.
|
SECTION
70. Section 548.503(a), Transportation Code, is amended to read as
follows:
(a) The
fee for inspection of a passenger car or light truck that receives a
two-year inspection period under Section 548.102 shall be set by the
department by rule on or before September 1 of each year. A fee set by the
department under this subsection must be based on the costs of providing
inspections and administering the program, but may not be less than $21.75.
|
|
No
equivalent provision.
|
SECTION
71. Subchapter H, Chapter 548, Transportation Code, is amended by adding
Section 548.510 to read as follows:
Sec.
548.510. REFUND OF OVERCHARGED INSPECTION FEE. (a) The owner of a motor
vehicle who pays at the time of registration an inspection fee in excess of
the required amount is entitled to a refund of the overcharge.
(b) A
county assessor-collector who collects an excessive fee, or the Texas
Department of Motor Vehicles if the excessive fee is collected by that
department, shall refund an overcharge on presentation of satisfactory
evidence of the overcharge not later than the first anniversary of the date
the excessive inspection fee was paid.
(c)
The comptroller shall reimburse an entity for any refunds made by the
entity under this section.
|
|
No
equivalent provision.
|
SECTION
72. Subchapter I, Chapter 548, Transportation Code, is amended by adding
Section 548.605 to read as follows:
Sec.
548.605. DRIVING A VEHICLE WITHOUT COMPLYING WITH INSPECTION REQUIREMENTS
AS CERTIFIED; OFFENSE; DISMISSAL OF CHARGE. (a) In this section,
"working day" means any day other than a Saturday, a Sunday, or a
holiday on which county offices are closed.
(b) A
person commits an offense if:
(1)
the person operates in this state a motor vehicle for which a certification
was provided under Section 548.256(b); and
(2)
the vehicle is not in compliance with the applicable inspection
requirements under this chapter, Chapter 382, Health and Safety Code, or
the department's administrative rules regarding inspection requirements.
(c) A
peace officer may require the owner or operator to produce a vehicle
inspection report issued for the vehicle if the Texas Department of Motor
Vehicles' registration database includes a notation for law enforcement to
verify the inspection status of the vehicle.
(d) It
is a defense to prosecution under Subsection (b) that a passing vehicle
inspection report issued for the vehicle is in effect at the time of the
offense.
(e) A
court shall:
(1)
dismiss a charge under this section if the defendant remedies the defect:
(A)
not later than the 20th working day after the date of the citation or
before the defendant's first court appearance date, whichever is later; or
(B)
not later than the 40th working day after the applicable deadline provided
by this chapter, Chapter 382, Health and Safety Code, or the department's administrative
rules regarding inspection requirements; and
(2)
assess an administrative fee not to exceed $20 when the charge has been
remedied under Subdivision (1).
(f) An
offense under this section is a Class C misdemeanor.
|
|
SECTION 50. Section 621.002,
Transportation Code, is amended.
|
SECTION
73. Same as introduced version.
|
|
SECTION 51. Subchapter A,
Chapter 621, Transportation Code, is amended.
|
SECTION
74. Same as introduced version.
|
|
SECTION 52. Subchapter A,
Chapter 621, Transportation Code, is amended.
|
SECTION
75. Same as introduced version.
|
|
SECTION 53. Section
621.101(a), Transportation Code, is amended.
|
SECTION
76. Same as introduced version.
|
|
SECTION 54. Section
621.102(d), Transportation Code, is amended to read as follows:
(d) A vehicle operating
under a permit issued under Section 623.011, 623.020, 623.071,
623.094, 623.121, 623.142, 623.181, 623.192, [or] 623.212, or
623.321, as added by Chapter 1135 (H.B. 2741), Acts of the 83rd
Legislature, Regular Session, 2013, may operate under the conditions
authorized by the permit over a road for which the executive director of
the Texas Department of Transportation has set a maximum weight under this
section.
|
SECTION
77. Section 621.102(d), Transportation Code, is amended to read as follows:
(d) A
vehicle operating under a permit issued under Section 623.011, 623.0171, 623.020, 623.071, 623.094,
623.121, 623.142, 623.181, 623.192, [or] 623.212, or 623.321, as
added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, Regular Session,
2013, may operate under the conditions authorized by the permit over a
road for which the executive director of the Texas Department of
Transportation has set a maximum weight under this section.
|
|
SECTION 55. Section
621.301(e), Transportation Code, is amended to read as follows:
(e) A vehicle operating
under a permit issued under Section 623.011, 623.020, 623.071,
623.094, 623.121, 623.142, 623.181, 623.192, [or] 623.212, or
623.321, as added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature,
Regular Session, 2013, may operate under the conditions authorized by
the permit over a road for which the commissioners court has set a maximum
weight under this section.
|
SECTION
78. Section 621.301(e), Transportation Code, is amended to read as follows:
(e) A
vehicle operating under a permit issued under Section 623.011, 623.0171, 623.020, 623.071, 623.094,
623.121, 623.142, 623.181, 623.192, [or] 623.212, or 623.321, as
added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, Regular
Session, 2013, may operate under the conditions authorized by the
permit over a road for which the commissioners court has set a maximum
weight under this section.
|
|
SECTION 56. Section
621.502(d), Transportation Code, is amended.
|
SECTION
79. Same as introduced version.
|
|
SECTION 57. The heading to
Section 621.503, Transportation Code, is amended.
|
SECTION
80. Same as introduced version.
|
|
SECTION 58. Sections
621.503(a) and (b), Transportation Code, are amended.
|
SECTION
81. Same as introduced version.
|
|
SECTION 59. Subchapter G,
Chapter 621, Transportation Code, is amended.
|
SECTION
82. Same as introduced version.
|
|
SECTION 60. Section 622.041,
Transportation Code, is amended to read as follows:
Sec. 622.041. LENGTH
LIMITATION. [(a)] A person may operate over a highway or road of
this state any [a] vehicle or combination of vehicles that is
used exclusively for transporting poles, piling, or unrefined timber from
the point of origin of the timber (the forest where the timber is felled)
to a wood processing mill if:
(1) the vehicle, or
combination of vehicles, is not longer than 90 feet, including the load;
and
(2) the distance from the
point of origin to the destination or delivery point does not exceed 125
miles.
[(b) Subsection (a)(1)
does not apply to a truck-tractor or truck-tractor combination transporting
poles, piling, or unrefined timber.]
|
No equivalent provision.
|
|
SECTION 61. Section 622.051,
Transportation Code, is amended to read as follows:
Sec. 622.051. LENGTH
LIMITATION; FEE. [(a)] A person may operate over a highway or
road of this state any [a] vehicle or combination of vehicles
that is used exclusively for transporting poles required for the
maintenance of electric power transmission and distribution lines if:
(1) the vehicle, or
combination of vehicles, is not longer than 75 feet, including the load;
and
(2) the operator of the
vehicle, or combination of vehicles, pays to the department $120 each
calendar year.
[(b) Subsection (a)(1)
does not apply to a truck-tractor or truck-tractor combination transporting
poles for the maintenance of electric power transmission or distribution
lines.]
|
No equivalent provision.
|
|
SECTION 62. Section 622.061,
Transportation Code, is amended to read as follows:
Sec. 622.061. LENGTH
LIMITATION. [(a)] A person may operate over a highway or road of
this state any [a] vehicle or combination of vehicles
exclusively for the transportation of poles or pipe if the vehicle or
combination of vehicles is not longer than 65 feet, including the load.
[(b) Subsection (a) does
not apply to a truck-tractor or truck-tractor combination transporting
poles or pipe.]
|
No equivalent provision.
|
|
No
equivalent provision.
|
SECTION
83. The heading to Section 622.011, Transportation Code, is amended to
read as follows:
Sec.
622.011. DEFINITIONS [DEFINITION]; DESIGNATION AS
PERISHABLE.
|
|
No
equivalent provision.
|
SECTION
84. Section 622.011(a), Transportation Code, is amended to read as
follows:
(a) In
this subchapter:
(1)
"Permissible axle weight tolerance" means, for each axle, an axle
weight that does not exceed the applicable axle weight limitation provided
in Section 622.012(a) by more than 10 percent.
(2)
"Permissible gross weight tolerance" means a gross weight that
does not exceed the applicable gross weight limitation provided in Section
622.012(b) by more than five percent.
(3)
"Ready-mixed [, "ready-mixed] concrete truck"
means:
(A)
[(1)] a vehicle designed exclusively to transport or manufacture
ready-mixed concrete and includes a vehicle designed exclusively to
transport and manufacture ready-mixed concrete; [or]
(B)
[(2)] a concrete pump truck; or
(C) a
volumetric ready-mixed concrete truck.
|
|
No
equivalent provision.
|
SECTION
85. Section 622.012, Transportation Code, is amended to read as follows:
Sec.
622.012. AXLE AND GROSS WEIGHT RESTRICTIONS. (a) Except as
provided by Subsection (c), a [A] ready-mixed concrete truck may
be operated on a public highway of this state only if:
(1)
the tandem axle weight is not heavier than 46,000 pounds;
(2)
[and] the single axle weight is not heavier than 23,000 pounds;
(3)
the weight of any axle added behind the frame of the truck is not heavier
than 12,000 pounds; and
(4)
the weight of any axle added below the frame of the truck is not heavier
than 8,000 pounds.
(b) Except
as provided by Subsection (c), the gross weight of a ready-mixed concrete
truck may not exceed:
(1)
69,000 pounds if the truck has three axles;
(2)
70,100 pounds if the truck has four axles;
(3)
70,500 pounds if the truck has five axles;
(4)
75,500 pounds if the truck has six axles; or
(5)
80,000 pounds if the truck has more than six axles.
(c)
A ready-mixed concrete truck may be operated within the
permissible axle weight tolerance and permissible gross weight tolerance if
[at a weight that exceeds the maximum single axle or tandem axle weight
limitation by not more than 10 percent if the gross weight is not heavier
than 69,000 pounds and] the department has issued a permit that
authorizes the operation of the vehicle under Section 623.0171, provided
that a permit issued under Section 623.0171 may not authorize the gross
weight of a ready-mixed concrete truck to exceed the permissible gross
weight tolerance.
(d)
The operation of a ready-mixed concrete truck in excess of the permissible
gross weight tolerance does not invalidate the permissible axle weight
tolerance authorized by a permit issued under Section 623.0171.
|
|
SECTION 63. Section 622.901,
Transportation Code, is amended to read as follows:
Sec. 622.901. WIDTH EXCEPTIONS.
The width limitation provided by Section 621.201 does not apply to:
(1) highway building or
maintenance machinery that is traveling:
(A) during daylight on a
public highway other than a highway that is part of the national system of
interstate and defense highways; or
(B) for not more than 50
miles on a highway that is part of the national system of interstate and
defense highways;
(2) a vehicle traveling
during daylight on a public highway other than a highway that is part of
the national system of interstate and defense highways or traveling for not
more than 50 miles on a highway that is part of the national system of
interstate and defense highways if the vehicle is:
(A) a farm tractor or
implement of husbandry; or
(B) a vehicle on which a farm
tractor, [or] implement of husbandry, or equipment used in
the harvesting and production of timber, other than a tractor, [or]
implement, or equipment being transported from one dealer to
another, is being moved by the owner of the tractor, [or]
implement, or equipment or by an agent or employee of the owner:
(i) to deliver the tractor,
[or] implement, or equipment to a new owner;
(ii) to transport the
tractor, [or] implement, or equipment to or from a
mechanic for maintenance or repair; or
(iii) in the course of an
agricultural forestry
operation;
(3) machinery that is used
solely for drilling water wells, including machinery that is a unit or a
unit mounted on a conventional vehicle or chassis, and that is traveling:
(A) during daylight on a
public highway other than a highway that is part of the national system of
interstate and defense highways; or
(B) for not more than 50
miles on a highway that is part of the national system of interstate and
defense highways;
(4) a vehicle owned or
operated by a public, private, or volunteer fire department;
(5) a vehicle registered
under Section 502.431; or
(6) a recreational vehicle
to which Section 622.903 applies.
|
SECTION
86. Section 622.901, Transportation Code, is amended to read as follows:
Sec. 622.901.
WIDTH EXCEPTIONS. The width limitation provided by Section 621.201 does
not apply to:
(1)
highway building or maintenance machinery that is traveling:
(A)
during daylight on a public highway other than a highway that is part of
the national system of interstate and defense highways; or
(B) for
not more than 50 miles on a highway that is part of the national system of
interstate and defense highways;
(2) a
vehicle traveling during daylight on a public highway other than a highway
that is part of the national system of interstate and defense highways or
traveling for not more than 50 miles on a highway that is part of the
national system of interstate and defense highways if the vehicle is:
(A) a
farm tractor or implement of husbandry; or
(B) a vehicle
on which a farm tractor, [or] implement of husbandry, or
equipment used in the harvesting and production of timber, other than a
tractor, [or] implement, or equipment being
transported from one dealer to another, is being moved by the owner of the
tractor, [or] implement, or equipment or by an agent
or employee of the owner:
(i) to
deliver the tractor, [or] implement, or equipment to a
new owner;
(ii) to
transport the tractor, [or] implement, or equipment to
or from a mechanic for maintenance or repair; or
(iii) in
the course of an agricultural operation,
including a forestry operation;
(3)
machinery that is used solely for drilling water wells, including machinery
that is a unit or a unit mounted on a conventional vehicle or chassis, and
that is traveling:
(A)
during daylight on a public highway other than a highway that is part of
the national system of interstate and defense highways; or
(B) for
not more than 50 miles on a highway that is part of the national system of
interstate and defense highways;
(4) a
vehicle owned or operated by a public, private, or volunteer fire
department;
(5) a
vehicle registered under Section 502.431; or
(6) a
recreational vehicle to which Section 622.903 applies.
|
|
No
equivalent provision.
|
SECTION
87. Subchapter A, Chapter 623, Transportation Code, is amended by adding
Section 623.004 to read as follows:
Sec.
623.004. ADMINISTRATION AND OVERSIGHT OF OVERWEIGHT CORRIDORS. (a) In
this section, "overweight corridor" means a designated section of
a state highway for which an optional procedure is authorized under this
chapter for the issuance of permits:
(1) by
entities other than the Texas Department of Transportation or the
department; and
(2)
for the movement of oversize or overweight vehicles.
(b)
The Texas Department of Transportation shall:
(1)
set minimum requirements for determining the feasibility, viability, and
economic impact of additional overweight corridors that take into
consideration traffic volume, ability to recover costs, and the role of overweight
corridors within a statewide plan for freight mobility;
(2)
use the requirements set under Subdivision (1) to periodically develop
recommendations for additional overweight corridors that would benefit the
state;
(3)
include any recommendations developed under Subdivision (2) in the plan
described by Section 201.6011; and
(4)
create a pavement management plan for each operational overweight corridor.
(c)
The Texas Department of Transportation, in consultation with interested
parties, shall:
(1)
establish performance measures for each operational overweight corridor;
and
(2)
include in the plan described by Section 201.6011 the results of an
evaluation using the performance measures disaggregated by the overweight
corridor.
(d) An
entity issuing overweight corridor permits under this chapter shall:
(1)
report information necessary for an evaluation using performance measures
established under Subsection (c) to the Texas Department of Transportation;
and
(2) in
setting a fee for the permit, consider the pavement management plan created
under Subsection (b)(4) for the overweight corridor.
(e)
The department may:
(1)
issue overweight corridor permits on behalf of an entity authorized to
issue the permits under this chapter; and
(2)
establish and charge a fee for issuing a permit under Subdivision (1) in an
amount sufficient to recover the actual cost of issuance.
(f) A
fee collected under Subsection (e)(2) shall be sent to the comptroller for
deposit to the credit of the Texas Department of Motor Vehicles fund and
may be appropriated only to the department for the administration of this
section.
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|
SECTION 64. Section
623.0113, Transportation Code, is amended to read as follows:
Sec. 623.0113. ROUTE
RESTRICTIONS. (a) Except as provided by Subsection (b), a permit issued
under Section 623.011 or 623.020 does not authorize the operation of
a vehicle on:
(1) the national system of
interstate and defense highways in this state if the weight of the vehicle
is greater than authorized by federal law; or
(2) a bridge for which a
maximum weight and load limit has been established and posted by the Texas
Transportation Commission under Section 621.102 or the commissioners court
of a county under Section 621.301, if the gross weight of the vehicle and load
or the axles and wheel loads are greater than the limits established and
posted under those sections.
(b) The restrictions under
Subsection (a)(2) do not apply if a bridge described by Subsection (a)(2)
provides the only public vehicular access from an origin or to a
destination by a holder of a permit issued under Section 623.011 or
623.020.
|
SECTION
88. Section 623.0113, Transportation Code, is amended to read as follows:
Sec.
623.0113. ROUTE RESTRICTIONS. (a) Except as provided by Subsection (b),
a permit issued under Section 623.011, 623.0171,
or 623.020 does not authorize the operation of a vehicle on:
(1) the
national system of interstate and defense highways in this state if the
weight of the vehicle is greater than authorized by federal law; or
(2) a
bridge for which a maximum weight and load limit has been established and
posted by the Texas Transportation Commission under Section 621.102 or the
commissioners court of a county under Section 621.301, if the gross weight
of the vehicle and load or the axles and wheel loads are greater than the
limits established and posted under those sections.
(b) The
restrictions under Subsection (a)(2) do not apply if a bridge described by
Subsection (a)(2) provides the only public vehicular access from an origin
or to a destination by a holder of a permit issued under Section 623.011,
623.0171, or 623.020.
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|
SECTION 65. Sections
623.0171(b), (e), and (l), Transportation Code, are amended to read as
follows:
(b) The department may issue
a permit that authorizes the operation of a ready-mixed concrete truck [with
three axles].
(e) When the department
issues a permit under this section, the department shall issue a sticker to
be placed on the front windshield of the vehicle [above the inspection
certificate issued to the vehicle]. The department shall design the
form of the sticker to aid in the enforcement of weight limits for
vehicles.
(l)
Of the fee collected under this section for a permit:
(1)
45 [50] percent of the amount collected shall be deposited to
the credit of the state highway fund;
(2) five percent of the amount collected shall be deposited to the
credit of the Texas Department of Motor Vehicles fund; and
(3) [(2)] the
other 50 percent shall be divided among and distributed to the counties
designated in permit applications under Subsection (k) according to
department rule.
|
SECTION
89. Sections 623.0171(b), (e), (h), (i), and (j), Transportation Code, are
amended to read as follows:
(b) The
department may issue a permit that authorizes the operation of a
ready-mixed concrete truck in the manner
prescribed by Section 622.012(c) [with three axles].
(e) When
the department issues a permit under this section, the department shall
issue a sticker to be placed on the front windshield of the vehicle [above
the inspection certificate issued to the vehicle]. The department
shall design the form of the sticker to aid in the enforcement of weight
limits for vehicles.
(h) A [Unless otherwise provided by
state or federal law, a] county or municipality may not require a
permit, fee, or license for the operation of a ready-mixed concrete truck
in addition to a permit, fee, or license required by state law.
(i) Sections 622.014 and [Section]
622.015 do [does] not apply to an owner of a ready-mixed
concrete truck who holds a permit under this section for the truck.
(j) A [Unless otherwise provided by
state or federal law, a] ready-mixed concrete truck may operate on a
state, county, or municipal road, including a load-zoned county road or a
frontage road adjacent to a federal interstate highway, if the truck
displays a sticker required by Subsection (e) and does not exceed the
maximum gross weight authorized under Section 622.012.
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|
SECTION 66. Section
623.018(d), Transportation Code, is amended.
|
SECTION
90. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
91. Section 623.019(f), Transportation Code, is amended to read as
follows:
(f) A
justice or municipal court [of the peace] has jurisdiction of
an [any] offense under this section. [A municipal court
has jurisdiction of an offense under this section in which the fine does
not exceed $500.]
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|
SECTION 67. Subchapter B,
Chapter 623, Transportation Code, is amended by adding Section 623.020 to
read as follows:
Sec. 623.020. 24-HOUR
PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. (a) The department may issue a
permit that authorizes the operation of a commercial motor vehicle,
trailer, semitrailer, or combination of those vehicles, or a truck-tractor
or combination of a truck-tractor and one or more other vehicles:
(1) at an axle weight
that is not heavier than the weight equal to the maximum allowable axle
weight for the vehicle or combination plus a tolerance allowance of 10
percent of that allowable weight; and
(2) at a gross weight
that is not heavier than the weight equal to the maximum allowable gross
weight for the vehicle or combination plus a tolerance allowance of five
percent.
(b) To qualify for a
permit under this section:
(1) the vehicle must be
registered under Chapter 502 for the maximum gross weight applicable to the
vehicle under Section 621.101, not to exceed 80,000 pounds, and the motor
carrier must be registered under Chapter 643;
(2) an application must
be made in a manner determined by the department by rule; and
(3) a nonrefundable
permit fee of $50 must be paid.
(c) A permit issued under
this section:
(1) is valid for 24
hours;
(2) must be carried in
the vehicle for which it is issued; and
(3) may not be amended,
corrected, or transferred.
(d) A vehicle operating
under a permit issued under this section may exceed the maximum allowable
gross weight tolerance allowance by not more than five percent, regardless
of the weight of any one axle or tandem axle, if no axle or tandem axle exceeds
the tolerance permitted by Subsection (a).
(e) When a person applies
for a permit under this section, the person must designate no more than
five counties in which the vehicle will be operated. A permit issued under
this section does not authorize the operation of the vehicle in a county
that is not designated in the application.
(f) Unless otherwise
provided by state or federal law, a county may not require a permit, fee,
or license for the operation of a vehicle holding a permit under this section.
(g) Of the fee collected
under this section for a permit:
(1) 45 percent of the amount collected shall
be deposited to the credit of the state highway fund;
(2) five percent of the amount collected shall be
deposited to the credit of the Texas Department of Motor Vehicles fund;
and
(3) the other 50 percent
shall be divided among and distributed to the counties designated in permit
applications under Subsection (e) according to department rule.
(h) At least once each
fiscal year, the comptroller shall send the amount due each county under Subsection
(g) to the county treasurer or officer performing the function of that
office for deposit to the credit of the county road and bridge fund.
|
SECTION
92. Subchapter B, Chapter 623, Transportation Code, is amended by adding
Section 623.020 to read as follows:
Sec.
623.020. 24-HOUR PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. (a) The
department may issue a permit that authorizes the operation of a commercial
motor vehicle, trailer, semitrailer, or combination of those vehicles, or a
truck-tractor or combination of a truck-tractor and one or more other
vehicles:
(1) at
an axle weight that is not heavier than the weight equal to the maximum
allowable axle weight for the vehicle or combination plus a tolerance
allowance of 10 percent of that allowable weight; and
(2) at
a gross weight that is not heavier than the weight equal to the maximum
allowable gross weight for the vehicle or combination plus a tolerance
allowance of five percent.
(b) To
qualify for a permit under this section:
(1)
the vehicle must be registered under Chapter 502 for the maximum gross
weight applicable to the vehicle under Section 621.101, not to exceed
80,000 pounds, and the motor carrier must be registered under Chapter 643;
(2) an
application must be made in a manner determined by the department by rule;
and
(3) a
nonrefundable permit fee of $50 must be paid.
(c) When a person applies for a permit under
this section, the person must pay in addition to the fee described by
Subsection (b)(3) an administrative fee adopted by board rule in an amount
not to exceed the direct and indirect cost to the department of
administering this section.
(d) A
permit issued under this section:
(1) is
valid for 24 hours;
(2)
must be carried in the vehicle for which it is issued; and
(3)
may not be amended, corrected, or transferred.
(e) A
vehicle operating under a permit issued under this section may exceed the
maximum allowable gross weight tolerance allowance by not more than five
percent, regardless of the weight of any one axle or tandem axle, if no
axle or tandem axle exceeds the tolerance permitted by Subsection (a).
(f)
When a person applies for a permit under this section, the person must
designate no more than five counties in which the vehicle will be
operated. A permit issued under this section does not authorize the
operation of the vehicle in a county that is not designated in the
application.
(g)
Unless otherwise provided by state or federal law, a county may not require
a permit, fee, or license for the operation of a vehicle holding a permit
under this section.
(h) Of
the fee collected under this section for a permit:
(1) 50 percent of the amount collected shall
be deposited to the credit of the state highway fund; and
(2)
the other 50 percent shall be divided among and distributed to the counties
designated in permit applications under Subsection (f) according to
department rule.
(i) At
least once each fiscal year, the comptroller shall send the amount due each
county under Subsection (h) to the county treasurer or officer performing
the function of that office for deposit to the credit of the county road
and bridge fund.
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|
No
equivalent provision.
|
SECTION
93. The heading to Section 623.071, Transportation Code, is amended to
read as follows:
Sec.
623.071. PERMIT TO MOVE CERTAIN [HEAVY] EQUIPMENT.
|
|
No
equivalent provision.
|
SECTION
94. Section 623.071, Transportation Code, is amended by adding Subsection
(c-1) to read as follows:
(c-1)
The department may issue an annual permit that allows a person to operate
over a state highway or road a vehicle or combination of vehicles that
exceeds the length and height limits provided by law, except that:
(1)
the maximum length allowed may not exceed 110 feet; and
(2)
the maximum height allowed may not exceed 14 feet.
|
|
No
equivalent provision.
|
SECTION
95. Sections 623.076(a) and (a-1), Transportation Code, are amended to
read as follows:
(a) An
application for a permit under this subchapter must be accompanied by a
permit fee of:
(1) $60
for a single-trip permit;
(2) $120
for a permit that is valid for a period not exceeding 30 days;
(3) $180
for a permit that is valid for a period of 31 days or more but not
exceeding 60 days;
(4) $240
for a permit that is valid for a period of 61 days or more but not
exceeding 90 days; [or]
(5) $270
for a permit issued under Section 623.071(c)(1) or (2); or
(6)
$960 for a permit issued under Section 623.071(c-1).
(a-1) The
following amounts collected under Subsection (a) shall be deposited to the
general revenue fund, 90 percent of the remainder shall be deposited to the
credit of the state highway fund, and 10 percent of the remainder shall be
deposited to the credit of the Texas Department of Motor Vehicles fund:
Amount of
Fee Amount Allocated to General Revenue
Fund
$60
(single-trip permit) $30
$120
(30-day permit) $60
$180
$90
$240
$120
$270
$135
$960
$480
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|
SECTION 68. Section 623.144,
Transportation Code, is amended.
|
SECTION
96. Same as introduced version.
|
|
SECTION 69. Sections
623.271(a) and (e), Transportation Code, are amended.
|
SECTION
97. Same as introduced version.
|
|
SECTION 70. The heading to
Section 623.272, Transportation Code, is amended.
|
SECTION
98. Same as introduced version.
|
|
SECTION 71. Section
623.272(a), Transportation Code, is amended to read as follows:
(a) The department may
investigate and impose an administrative penalty on a shipper who:
(1) does not provide a
shipper's certificate of weight required under Section 623.274(b) or (c); or
(2) provides false
information on a shipper's certificate of weight that the shipper delivers
to a person transporting a shipment.
|
SECTION
99. Section 623.272(a), Transportation Code, is amended to read as
follows:
(a) The
department may investigate and impose an administrative penalty on a
shipper who:
(1)
does not provide a shipper's certificate of weight required under Section
623.274(b); or
(2)
provides false information on a shipper's certificate of weight that the
shipper delivers to a person transporting a shipment.
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|
SECTION 72. Section 623.274,
Transportation Code, is amended.
|
SECTION
100. Same as introduced version.
|
|
No
equivalent provision.
|
SECTION
101. Section 623.322, Transportation Code, as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013, is amended by
adding Subsections (c) and (d) to read as follows:
(c)
When the department issues a permit under this section, the department
shall issue a sticker to be placed on the front windshield of the vehicle.
The department shall design the form of the sticker to aid in the
enforcement of weight limits for vehicles.
(d)
The sticker must:
(1)
indicate the expiration date of the permit; and
(2) be
removed from the vehicle when:
(A)
the permit for operation of the vehicle expires;
(B) a
lease of the vehicle expires; or
(C)
the vehicle is sold.
|
|
No
equivalent provision.
|
SECTION
102. Section 623.323(c), Transportation Code, as added by Chapter 1135
(H.B. 2741), Acts of the 83rd Legislature, Regular Session, 2013, is
amended to read as follows:
(c) A
financially responsible party shall electronically file the notification
document described by Subsection (b) with the department under rules
adopted by the department not later than the first [second]
business day before the first business day listed by the financially
responsible party under Subsection (b)(5), provided that the
notification document must be filed not later than 24 hours before the
earliest time of operation listed by the financially responsible party
under Subsection (b)(5). The department shall immediately send an
electronic copy of the notification document to each county identified in
the notification document and the Texas Department of Transportation and an
electronic receipt for the notification document to the financially
responsible party. Not later than the first business day listed by the
financially responsible party under Subsection (b)(5), a county or the
Texas Department of Transportation may inspect a road or highway identified
in the notification document. If an inspection is conducted under this
subsection, a county or the Texas Department of Transportation shall:
(1)
document the condition of the roads or highways and take photographs of the
roads or highways as necessary to establish a baseline for any subsequent
assessment of damage sustained by the financially responsible party's use
of the roads or highways; and
(2)
provide a copy of the documentation to the financially responsible party.
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|
SECTION 73. Sections
643.054(a-2) and (a-3), Transportation Code, are amended.
|
SECTION
103. Same as introduced version.
|
|
SECTION 74. Section 643.056,
Transportation Code, is amended.
|
SECTION
104. Same as introduced version.
|
|
SECTION 75. Section 643.058,
Transportation Code, is amended.
|
SECTION
105. Same as introduced version.
|
|
SECTION 76. Subchapter B,
Chapter 643, Transportation Code, is amended.
|
SECTION
106. Same as introduced version.
|
|
SECTION 77. Section
643.059(c), Transportation Code, is amended.
|
SECTION
107. Same as introduced version.
|
|
SECTION 78. Section
643.101(b), Transportation Code, is amended.
|
SECTION
108. Same as introduced version.
|
|
SECTION 79. Section
643.103(b), Transportation Code, is amended.
|
SECTION
109. Same as introduced version.
|
|
SECTION 80. Section
643.153(d), Transportation Code, is amended.
|
SECTION
110. Same as introduced version.
|
|
SECTION 81. Section
643.252(a), Transportation Code, is amended.
|
SECTION
111. Same as introduced version.
|
|
SECTION 82. Sections
643.2525(k) and (l), Transportation Code, are amended.
|
SECTION
112. Same as introduced version.
|
|
SECTION 83. The heading to
Section 643.2526, Transportation Code, is amended.
|
SECTION
113. Same as introduced version.
|
|
SECTION 84. Section
643.2526(a), Transportation Code, is amended.
|
SECTION
114. Same as introduced version.
|
|
SECTION 85. Section
643.253(a), Transportation Code, is amended.
|
SECTION
115. Same as introduced version.
|
|
SECTION 86. The heading to
Chapter 645, Transportation Code, is amended.
|
SECTION
116. Same as introduced version.
|
|
SECTION 87. Section 645.001,
Transportation Code, is amended.
|
SECTION
117. Same as introduced version.
|
|
SECTION 88. Section
645.002(b), Transportation Code, is amended.
|
SECTION
118. Same as introduced version.
|
|
SECTION 89. Section 645.003,
Transportation Code, is amended.
|
SECTION
119. Same as introduced version.
|
|
SECTION 90. Sections
645.004(a) and (c), Transportation Code, are amended.
|
SECTION
120. Same as introduced version.
|
|
SECTION 91. Section
646.001(2), Transportation Code, is amended.
|
SECTION
121. Same as introduced version.
|
|
SECTION 92. Section 646.002,
Transportation Code, is amended.
|
SECTION
122. Same as introduced version.
|
|
SECTION 93. Section
646.003(b), Transportation Code, is amended.
|
SECTION
123. Same as introduced version.
|
|
SECTION 94. Section
1001.023(b), Transportation Code, is amended.
|
SECTION
124. Same as introduced version.
|
|
SECTION 95. The following
laws are repealed:
(1) Sections 2301.005(d) and
(e), Occupations Code; and
(2) Sections 502.1585,
503.001(2), 504.202(i), 621.203(c) and (d), 643.001(7-a), 643.064(a), and
645.002(a), Transportation Code.
|
SECTION
125. Same as introduced version.
|
|
No equivalent provision.
|
SECTION
126. (a) On September 1, 2015, the Texas Department of Motor Vehicles
fund created by Section 1001.151, Transportation Code, as enacted by
Section 71, Chapter 1287 (H.B. 2202), Acts of the 83rd Legislature, Regular
Session, 2013, is re-created as a special fund in the state treasury
outside the general revenue fund, and all revenue dedicated for deposit to
the credit of the Texas Department of Motor Vehicles fund by a provision of
Chapter 1287 (H.B. 2202), Acts of the 83rd Legislature, Regular Session,
2013, is rededicated for that purpose.
(b) On
September 1, 2015, the comptroller shall transfer to the credit of the
Texas Department of Motor Vehicles fund, as re-created by this section, an
amount from the state highway fund equal to the total amount of fees
collected or received by the Texas Department of Motor Vehicles under
Section 502.356, Transportation Code, and former Section 502.1705,
Transportation Code, during the period beginning November 1, 2009, and
ending August 31, 2013.
(c) To
the extent that money from the state highway fund transferred to the credit
of the Texas Department of Motor Vehicles fund as required by Subsection
(b) of this section was, before September 1, 2013, used as collateral or as
a source of payment for the repayment of a loan, bond, credit agreement,
public security, or other obligation, that amount remains subject to use as
collateral or as a source of payment for the obligation. However, an
obligation described by this subsection must be paid first from the state
highway fund, and the Texas Department of Motor Vehicles fund is subject to
payment of the obligation only to the extent the state highway fund is
depleted at the time the obligation matures and becomes due.
(d)
Except as specified by Subsections (b) and (c) of this section, of the
revenue dedicated for deposit to the credit of the Texas Department of
Motor Vehicles fund by a provision of Chapter 1287 (H.B. 2202), Acts of the
83rd Legislature, Regular Session, 2013, the comptroller shall deposit to
the credit of that fund only revenue received on or after September 1,
2015.
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|
SECTION 96. (a) The changes
in law made by this Act apply only to an offense or violation committed on
or after the effective date of this Act. An offense or violation committed
before the effective date of this Act is governed by the law in effect on
the date the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an
offense or violation was committed before the effective date of this Act if
any element of the offense or violation occurred before that date.
(b) The changes in law made
by this Act relating to a complaint or protest filed or a hearing held
under Chapter 2301, Occupations Code, or Chapter 501, Transportation Code,
apply only to a complaint or protest filed or hearing held under those
chapters on or after the effective date of this Act. A complaint or protest
filed or hearing held before that date is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(c) The changes in law made
by this Act relating to an application filed under Chapter 2301,
Occupations Code, or Chapters 501, 502, 503, 623, and 643, Transportation
Code, apply only to an application filed under those chapters on or after
the effective date of this Act. An application filed before that date is
governed by the law in effect on the date the application was filed, and
the former law is continued in effect for that purpose.
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SECTION
127. (a) The changes in law made by this Act apply only to an offense or
violation committed on or after the effective date of this Act. An offense
or violation committed before the effective date of this Act is governed by
the law in effect on the date the offense or violation was committed, and
the former law is continued in effect for that purpose. For purposes of
this section, an offense or violation was committed before the effective
date of this Act if any element of the offense or violation occurred before
that date.
(b) The
changes in law made by this Act relating to a complaint or protest filed or
a hearing held under Chapter 2301, Occupations Code, or Chapter 501, Transportation
Code, apply only to a complaint or protest filed or hearing held under
those chapters on or after the effective date of this Act. A complaint or
protest filed or hearing held before that date is governed by the law as it
existed immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(c) The
changes in law made by this Act relating to an application filed under
Chapter 2301, Occupations Code, or Chapters 501, 502, 503, 623, and 643, Transportation
Code, apply only to an application filed under those chapters on or after
the effective date of this Act. An application filed before that date is
governed by the law in effect on the date the application was filed, and
the former law is continued in effect for that purpose.
(d) The change in law made by this Act in adding
Section 502.1931, Transportation Code, applies only to a payment of a
registration fee submitted to a county assessor-collector on or after the
effective date of this Act. A payment submitted before the effective date
of this Act is governed by the law in effect on the date the payment was
submitted, and the former law is continued in effect for that purpose.
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SECTION 97. To the extent of
any conflict, this Act prevails over another Act of the 84th Legislature,
Regular Session, 2015, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION
128. Same as introduced version.
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SECTION 98. This Act takes
effect September 1, 2015.
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SECTION
129. (a) Except as provided by Subsection
(b) of this section, this Act takes effect September 1, 2015.
(b) Sections 501.134(b) and (c), Transportation
Code, as amended by this Act, take effect January 1, 2017.
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