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A BILL TO BE ENTITLED
|
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AN ACT
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|
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relating to the regulation of motor vehicles by the Texas |
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Department of Motor Vehicles and the Department of Public Safety; |
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creating a criminal offense; providing a penalty; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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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. |
|
SECTION 2. Section 552.144, Government Code, is amended to |
|
read as follows: |
|
Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC |
|
COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF |
|
ADMINISTRATIVE HEARINGS AND HEARINGS EXAMINERS AT TEXAS DEPARTMENT |
|
OF MOTOR VEHICLES. The following working papers and electronic |
|
communications of an administrative law judge at the State Office |
|
of Administrative Hearings or a hearings examiner at the Texas |
|
Department of Motor Vehicles are excepted from the requirements of |
|
Section 552.021: |
|
(1) notes and electronic communications recording the |
|
observations, thoughts, questions, deliberations, or impressions |
|
of an administrative law judge; |
|
(2) drafts of a proposal for decision; |
|
(3) drafts of orders made in connection with |
|
conducting contested case hearings; and |
|
(4) drafts of orders made in connection with |
|
conducting alternative dispute resolution procedures. |
|
SECTION 3. Section 2301.258, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR |
|
MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S |
|
LICENSE. An application for a manufacturer's, distributor's, |
|
converter's, or representative's license must be on a form |
|
prescribed by the department. The application must include |
|
information the department determines necessary to fully determine |
|
the qualifications of an applicant[, including financial
|
|
resources, business integrity and experience, facilities and
|
|
personnel for serving franchised dealers,] and [other information
|
|
the department determines] pertinent to safeguard the public |
|
interest and welfare. |
|
SECTION 4. Section 2301.453(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) Except as provided by Subsection (d), the manufacturer, |
|
distributor, or representative must provide written notice by |
|
registered or certified mail to the dealer and the board stating the |
|
specific grounds for the termination or discontinuance. The notice |
|
must: |
|
(1) be received not later than the 60th day before the |
|
effective date of the termination or discontinuance; and |
|
(2) contain on its first page a conspicuous statement |
|
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A |
|
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] |
|
IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE |
|
PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE |
|
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS |
|
ACTION." |
|
SECTION 5. Section 2301.454(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The notice required by Subsection (a)(1) must: |
|
(1) be given not later than the 60th day before the |
|
date of the modification or replacement; and |
|
(2) contain on its first page a conspicuous statement |
|
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A |
|
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD] |
|
IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE |
|
PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE |
|
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS |
|
ACTION." |
|
SECTION 6. 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 to read as follows: |
|
(c) An order issued under this subchapter may not require |
|
[The board or a person delegated power from the board under Section
|
|
2301.154 may not issue an order requiring] a manufacturer, |
|
converter, or distributor to make a refund or to replace a motor |
|
vehicle unless: |
|
(1) the owner or a person on behalf of the owner has |
|
mailed written notice of the alleged defect or nonconformity to the |
|
manufacturer, converter, or distributor; and |
|
(2) the manufacturer, converter, or distributor has |
|
been given an opportunity to cure the alleged defect or |
|
nonconformity. |
|
SECTION 7. 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 to read as follows: |
|
(c) If a final order is not issued [proposal for decision
|
|
and recommendation for a final order are not issued] before the |
|
151st day after the date a complaint is filed under this subchapter, |
|
the department shall provide written notice by certified mail to |
|
the complainant and to the manufacturer, converter, or distributor |
|
of the expiration of the 150-day period and of the complainant's |
|
right to file a civil action. The department [board or a person
|
|
delegated power from the board under Section 2301.154] shall extend |
|
the 150-day period if a delay is requested or caused by the person |
|
who filed the complaint. |
|
SECTION 8. 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 to |
|
read as follows: |
|
Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR |
|
REFUND. (a) An order issued under this subchapter must [In an
|
|
order issued under this subchapter, the board or a person delegated
|
|
power from the board under Section 2301.154 shall] name the person |
|
responsible for paying the cost of any refund or replacement. A |
|
manufacturer, converter, or distributor may not cause a franchised |
|
dealer to directly or indirectly pay any money not specifically |
|
required [ordered] by the order [board or a person delegated power
|
|
from the board under Section 2301.154]. |
|
(b) If the final order requires [board or a person delegated
|
|
power from the board under Section 2301.154 orders] a manufacturer, |
|
converter, or distributor to make a refund or replace a motor |
|
vehicle under this subchapter, the final order [board or person] |
|
may require [order] the franchised dealer to reimburse the owner, |
|
lienholder, manufacturer, converter, or distributor only for an |
|
item or option added to the vehicle by the dealer to the extent that |
|
the item or option contributed to the defect that served as the |
|
basis for the order. |
|
(c) In a case involving a leased vehicle, the final order |
|
[board or a person delegated power from the board under Section
|
|
2301.154] may terminate the lease and apportion allowances or |
|
refunds, including the reasonable allowance for use, between the |
|
lessee and lessor of the vehicle. |
|
SECTION 9. 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 to read as follows: |
|
(d) The department shall maintain a toll-free telephone |
|
number to provide information to a person who requests information |
|
about a condition or defect that was the basis for repurchase or |
|
replacement by an order issued under this subchapter [chapter]. |
|
The department shall maintain an effective method of providing |
|
information to a person who makes a request. |
|
SECTION 10. Section 2301.612, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed |
|
with the department [board] under this subchapter is not a public |
|
record and is not subject to release under Chapter 552, Government |
|
Code, until the complaint is [finally] resolved by a final order of |
|
the department [board]. |
|
SECTION 11. Section 2301.651(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board may deny an application for a license, revoke |
|
or suspend a license, place on probation a person whose license has |
|
been suspended, or reprimand a license holder if the applicant or |
|
license holder: |
|
(1) is unfit under standards described in this chapter |
|
or board rules; |
|
(2) wilfully omits material information from or makes |
|
a material misrepresentation in any application or other |
|
information filed under this chapter or board rules; |
|
(3) violates this chapter or a board rule or order; |
|
(4) violates any law relating to the sale, |
|
distribution, financing, or insuring of motor vehicles; |
|
(5) fails to maintain the qualifications for a |
|
license; |
|
(6) wilfully defrauds a purchaser; |
|
(7) fails to fulfill a written agreement with a retail |
|
purchaser of a motor vehicle; or |
|
(8) violates the requirements of Section 503.0631, |
|
Transportation Code. |
|
SECTION 12. Section 2301.711, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as |
|
otherwise provided by this chapter, the [The] board or a [other] |
|
person delegated final order authority under Section 2301.154 shall |
|
issue final orders for the implementation and enforcement of this |
|
chapter and Chapter 503, Transportation Code. |
|
(b) An order or decision under this chapter must: |
|
(1) include a separate finding of fact with respect to |
|
each specific issue required by law to be considered in reaching a |
|
decision; |
|
(2) set forth additional findings of fact and |
|
conclusions of law on which the order or decision is based; |
|
(3) give the reasons for the particular actions taken; |
|
and |
|
(4) be signed by the presiding officer or assistant |
|
presiding officer for the board, a [or other] person delegated |
|
final order authority under Section 2301.154, or a hearings |
|
examiner in a contested case hearing under Section 2301.204 or |
|
Subchapter M. |
|
SECTION 13. Section 2301.712(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) If a person who brings a complaint under Subchapter M |
|
prevails in the case, the [board or a person delegated power from
|
|
the board under Section 2301.154 shall order the] nonprevailing |
|
party in the case shall [to] reimburse the amount of the filing fee |
|
for the case. |
|
SECTION 14. 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 to |
|
read as follows: |
|
Sec. 2301.713. REHEARING. (a) Except as otherwise |
|
provided by this section [Subsection (b)], a party who seeks a |
|
rehearing of an order shall seek the rehearing in accordance with |
|
Chapter 2001, Government Code. |
|
(b) The board by rule may establish procedures [a procedure] |
|
to allow a party [parties] to a contested case [cases in which the
|
|
final order is issued by a person to whom final order authority is
|
|
delegated under Section 2301.154] to file a motion [motions] for |
|
rehearing [with the board]. |
|
(c) A motion for rehearing in a contested case under Section |
|
2301.204 or Subchapter M must be filed with and decided by the chief |
|
hearings examiner. |
|
SECTION 15. Section 171.1011(g-7), Tax Code, is amended to |
|
read as follows: |
|
(g-7) A taxable entity that is a qualified courier and |
|
logistics company shall exclude from its total revenue, to the |
|
extent included under Subsection (c)(1)(A), (c)(2)(A), or (c)(3), |
|
subcontracting payments made by the taxable entity to nonemployee |
|
agents for the performance of delivery services on behalf of the |
|
taxable entity. For purposes of this subsection, "qualified |
|
courier and logistics company" means a taxable entity that: |
|
(1) receives at least 80 percent of the taxable |
|
entity's annual total revenue from its entire business from a |
|
combination of at least two of the following courier and logistics |
|
services: |
|
(A) expedited same-day delivery of an envelope, |
|
package, parcel, roll of architectural drawings, box, or pallet; |
|
(B) temporary storage and delivery of the |
|
property of another entity, including an envelope, package, parcel, |
|
roll of architectural drawings, box, or pallet; and |
|
(C) brokerage of same-day or expedited courier |
|
and logistics services to be completed by a person or entity under a |
|
contract that includes a contractual obligation by the taxable |
|
entity to make payments to the person or entity for those services; |
|
(2) during the period on which margin is based, is |
|
registered as a motor carrier under Chapter 643, Transportation |
|
Code, and if the taxable entity operates on an interstate basis, is |
|
registered as a motor carrier or broker under the motor vehicle |
|
registration system established under 49 U.S.C. Section 14504a or a |
|
similar federal registration program that replaces that system |
|
[unified carrier registration system, as defined by Section
|
|
643.001, Transportation Code,] during that period; |
|
(3) maintains an automobile liability insurance |
|
policy covering individuals operating vehicles owned, hired, or |
|
otherwise used in the taxable entity's business, with a combined |
|
single limit for each occurrence of at least $1 million; |
|
(4) maintains at least $25,000 of cargo insurance; |
|
(5) maintains a permanent nonresidential office from |
|
which the courier and logistics services are provided or arranged; |
|
(6) has at least five full-time employees during the |
|
period on which margin is based; |
|
(7) is not doing business as a livery service, floral |
|
delivery service, motor coach service, taxicab service, building |
|
supply delivery service, water supply service, fuel or energy |
|
supply service, restaurant supply service, commercial moving and |
|
storage company, or overnight delivery service; and |
|
(8) is not delivering items that the taxable entity or |
|
an affiliated entity sold. |
|
SECTION 16. Section 256.101(3), Transportation Code, is |
|
amended to read as follows: |
|
(3) "Weight tolerance permit" means a permit issued |
|
under Section 623.011 [Chapter 623] authorizing a vehicle to exceed |
|
maximum legal weight limitations. |
|
SECTION 17. Section 501.002(30), Transportation Code, is |
|
amended to read as follows: |
|
(30) "Travel trailer" means a house trailer-type |
|
vehicle or a camper trailer: |
|
(A) that is a recreational vehicle defined under |
|
24 C.F.R. Section 3282.8(g); or |
|
(B) that: |
|
(i) is less than eight feet in width or 45 |
|
[40] feet in length, exclusive of any hitch installed on the |
|
vehicle; |
|
(ii) is designed primarily for use as |
|
temporary living quarters in connection with recreational, |
|
camping, travel, or seasonal use; |
|
(iii) is not used as a permanent dwelling; |
|
and |
|
(iv) is not a utility trailer, enclosed |
|
trailer, or other trailer that does not have human habitation as its |
|
primary function. |
|
SECTION 18. Section 501.004(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) This chapter does not apply to: |
|
(1) a farm trailer or farm semitrailer with a gross |
|
vehicle weight of 34,000 pounds or less used only for the |
|
transportation of farm products if the products are not transported |
|
for hire; |
|
(2) the filing or recording of a lien that is created |
|
only on an automobile accessory, including a tire, radio, or |
|
heater; |
|
(3) a motor vehicle while it is owned or operated by |
|
the United States; or |
|
(4) a new motor vehicle on loan to a political |
|
subdivision of the state for use only in a driver education course |
|
approved by the Texas [Central] Education Agency. |
|
SECTION 19. 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 20. Section 501.021(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A motor vehicle title issued by the department must |
|
include: |
|
(1) the legal name and address of each purchaser [and
|
|
seller] at the first sale or a subsequent sale; |
|
(2) the legal name, city, and state of each seller at |
|
the first sale or a subsequent sale; |
|
(3) the make of the motor vehicle; |
|
(4) [(3)] the body type of the vehicle; |
|
(5) [(4)] the manufacturer's permanent vehicle |
|
identification number of the vehicle or the vehicle's motor number |
|
if the vehicle was manufactured before the date that stamping a |
|
permanent identification number on a motor vehicle was universally |
|
adopted; |
|
(6) [(5)] the serial number for the vehicle; |
|
(7) [(6)] the name and address of each lienholder and |
|
the date of each lien on the vehicle, listed in the chronological |
|
order in which the lien was recorded; |
|
(8) [(7)] a statement indicating rights of |
|
survivorship under Section 501.031; |
|
(9) [(8)] if the vehicle has an odometer, the odometer |
|
reading at the time of application for the title; and |
|
(10) [(9)] any other information required by the |
|
department. |
|
SECTION 21. 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. The heading to Section 501.036, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER. |
|
SECTION 23. Section 501.036, Transportation Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(b-1) to read as follows: |
|
(a) Notwithstanding any other provision of this chapter, |
|
the department may issue a title for a farm trailer or farm |
|
semitrailer with a gross vehicle weight of 34,000 [more than 4,000] |
|
pounds or less if[:
|
|
[(1)
the farm semitrailer is eligible for registration
|
|
under Section 502.146; and
|
|
[(2)] all [other] requirements for issuance of a title |
|
are met. |
|
(b) To obtain a title under this section, the owner of the |
|
farm trailer or farm semitrailer must: |
|
(1) apply for the title in the manner required by |
|
Section 501.023; and |
|
(2) pay the fee required by Section 501.138. |
|
(b-1) A subsequent purchaser of a farm trailer or farm |
|
semitrailer titled previously under this section shall obtain a |
|
title under this section. |
|
SECTION 24. Section 501.037, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS. |
|
(a) Notwithstanding any other provision of this chapter, the |
|
department may issue a title for a trailer or semitrailer that has a |
|
gross vehicle weight of 4,000 pounds or less if all other |
|
requirements for issuance of a title are met. |
|
(b) To obtain a title under this section, the owner of the |
|
trailer or semitrailer must: |
|
(1) apply for the title in the manner required by |
|
Section 501.023; and |
|
(2) pay the fee required by Section 501.138. |
|
(c) A subsequent purchaser of a trailer or semitrailer |
|
titled previously under this section shall obtain a title under |
|
this section. |
|
SECTION 25. Section 501.052, Transportation Code, is |
|
amended by amending Subsection (e) and adding Subsection (f) to |
|
read as follows: |
|
(e) An applicant aggrieved by the determination under |
|
Subsection (d) may appeal only to the county or district court of |
|
the county of the applicant's residence. An applicant must file an |
|
appeal not later than the fifth day after the date of the |
|
assessor-collector's determination and must serve a copy of the |
|
petition on the department and all persons known to have a potential |
|
ownership or security interest in the vehicle, including all owners |
|
and lienholders listed on the title. The applicant must also |
|
provide to the court a certified title history for the vehicle |
|
obtained from the department. The judge shall try the appeal in the |
|
manner of other civil cases. All rights and immunities granted in |
|
the trial of a civil case are available to the department and all |
|
interested parties. If the department's action is not sustained, |
|
the department shall promptly issue a title for the vehicle. |
|
(f) In an appeal brought under Subsection (e), the |
|
department is not required to file an answer or appear before a |
|
county or district court as a party to the appeal, but the |
|
department may intervene to enter an appearance or provide |
|
evidence. The court may require the department to respond to |
|
requests for information relevant to the appeal. |
|
SECTION 26. Section 501.0521, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) In any action filed in a county or district court under |
|
this subchapter, the petitioner must serve a copy of the petition on |
|
the department and all persons and entities known to have a |
|
potential ownership or security interest in the vehicle, including |
|
all owners and lienholders listed on the title. The petitioner must |
|
also provide to the court a certified title history for the vehicle |
|
obtained from the department. The department is not required to |
|
file an answer or appear before a county or district court as a |
|
party to the action, but the department may intervene to enter an |
|
appearance or provide evidence. |
|
SECTION 27. 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 to read as follows: |
|
(a) An application for a nonrepairable vehicle title, |
|
nonrepairable record of title, salvage vehicle title, or salvage |
|
record of title must: |
|
(1) be made in [on] a manner [form] prescribed by the |
|
department and accompanied by a $8 application fee; |
|
(2) include, in addition to any other information |
|
required by the department: |
|
(A) the name and current address of the owner; |
|
[and] |
|
(B) a description of the motor vehicle, including |
|
the make, style of body, model year, and vehicle identification |
|
number; and |
|
(C) a statement describing whether the motor |
|
vehicle: |
|
(i) was the subject of a total loss claim |
|
paid by an insurance company under Section [501.092,] 501.0925, |
|
501.1001, or 501.1002 [501.093]; |
|
(ii) is a self-insured motor vehicle under |
|
Section 501.1001 [501.094]; |
|
(iii) is an export-only motor vehicle under |
|
Section 501.099; |
|
(iv) was sold, transferred, or released to |
|
the owner or former owner of the motor vehicle or a buyer at a casual |
|
sale; or |
|
(v) is a motor vehicle for which an |
|
insurance company does not take ownership under Section 501.0935; |
|
and |
|
(3) include the name and address of: |
|
(A) any currently recorded lienholder, if the |
|
motor vehicle is a nonrepairable motor vehicle; or |
|
(B) any currently recorded lienholder or a new |
|
lienholder, if the motor vehicle is a salvage motor vehicle. |
|
SECTION 28. The heading to Section 501.134, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 501.134. CERTIFIED COPY OF [LOST OR DESTROYED] |
|
CERTIFICATE OF TITLE. |
|
SECTION 29. 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 502.001(2) and (40), Transportation |
|
Code, are amended to read as follows: |
|
(2) "Apportioned license plate" means a license plate |
|
issued in lieu of a truck, motor bus, [license plate] or combination |
|
license plate to a motor carrier in this state who proportionally |
|
registers a vehicle owned or leased by the carrier in one or more |
|
other states. |
|
(40) "Token trailer" means a semitrailer that is |
|
registered under Section 502.255 and used in combination with a |
|
truck-tractor or commercial motor vehicle that is registered in |
|
combination under Section 502.255, regardless of whether the |
|
truck-tractor or commercial motor vehicle [:
|
|
[(A)
has a gross weight of more than 6,000
|
|
pounds; and
|
|
[(B)
is operated in combination with a truck or a
|
|
truck-tractor that] has been issued: |
|
(A) [(i)] an apportioned license plate; |
|
(B) [(ii)] a combination license plate; [or] |
|
(C) [(iii)] a forestry vehicle license plate; or |
|
(D) another license plate. |
|
SECTION 31. 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. |
|
SECTION 32. 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. |
|
SECTION 33. 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 34. 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 35. Subchapter D, Chapter 502, Transportation Code, |
|
is amended by adding Section 502.147 to read as follows: |
|
Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS, |
|
FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not |
|
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. |
|
SECTION 36. The heading to Section 502.255, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.255. TRUCK-TRACTOR OR COMMERCIAL MOTOR VEHICLE |
|
COMBINATION FEE; PERMANENT SEMITRAILER TOKEN FEE. |
|
SECTION 37. 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 38. Section 502.433(a-1), Transportation Code, is |
|
amended to read as follows: |
|
(a-1) A commercial motor vehicle may not be registered or |
|
renewed under this section 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 39. Section 503.001(1), Transportation Code, is |
|
amended to read as follows: |
|
(1) "Board" means the board of the Texas Department of |
|
Motor Vehicles [has the meaning assigned by Chapter 2301,
|
|
Occupations Code]. |
|
SECTION 40. Section 503.003, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR |
|
TRAILER. This chapter does not prohibit the display or sale of a |
|
nonmotorized vehicle or trailer at a regularly scheduled vehicle or |
|
boat show with multiple vendors [in accordance with commission
|
|
rules]. |
|
SECTION 41. Section 503.007(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The fee for an original general distinguishing number is |
|
$500 for the first year and $200 for each subsequent year [for which
|
|
the number is valid]. |
|
SECTION 42. 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 to read as follows: |
|
(b) The procedures applicable to a hearing conducted under |
|
this section are those applicable to a hearing conducted under |
|
Chapter 2301, Occupations Code, or Chapter 2001, Government Code. |
|
SECTION 43. Section 503.010, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER, |
|
LICENSE, OR LICENSE PLATE. Each general distinguishing number, |
|
license, or license plate issued under this chapter is valid for the |
|
period prescribed by the board [commission]. |
|
SECTION 44. Section 503.031(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) An applicant for a drive-a-way in-transit license must |
|
submit to the department [commission] an application containing the |
|
information required by the department [commission]. |
|
SECTION 45. Section 503.038(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may cancel a dealer's general |
|
distinguishing number if the dealer: |
|
(1) falsifies or forges a title document, including an |
|
affidavit making application for a certified copy of a title; |
|
(2) files a false or forged tax document, including a |
|
sales tax affidavit; |
|
(3) fails to take assignment of any basic evidence of |
|
ownership, including a certificate of title or manufacturer's |
|
certificate, for a vehicle the dealer acquires; |
|
(4) fails to assign any basic evidence of ownership, |
|
including a certificate of title or manufacturer's certificate, for |
|
a vehicle the dealer sells; |
|
(5) uses or permits the use of a metal dealer's license |
|
plate or a dealer's temporary tag on a vehicle that the dealer does |
|
not own or control or that is not in stock and offered for sale; |
|
(6) wilfully omits material information from or makes |
|
a material misrepresentation in an application or other information |
|
filed with the department; |
|
(7) fails to maintain the qualifications for a general |
|
distinguishing number; |
|
(8) fails to provide to the department within 30 days |
|
after the date of demand by the department satisfactory and |
|
reasonable evidence that the person is regularly and actively |
|
engaged in business as a wholesale or retail dealer; |
|
(9) has been licensed for at least 12 months and has |
|
not assigned at least five vehicles during the previous 12-month |
|
period; |
|
(10) has failed to demonstrate compliance with |
|
Sections 23.12, 23.121, and 23.122, Tax Code; |
|
(11) uses or allows the use of the dealer's general |
|
distinguishing number or the location for which the general |
|
distinguishing number is issued to avoid the requirements of this |
|
chapter; |
|
(12) misuses or allows the misuse of a temporary tag |
|
authorized under this chapter; |
|
(13) refuses to show on a buyer's temporary tag the |
|
date of sale or other reasonable information required by the |
|
department; or |
|
(14) otherwise violates this chapter or a rule adopted |
|
under this chapter. |
|
SECTION 46. Section 503.0626(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall develop, manage, and maintain a |
|
secure, real-time database of information on vehicles to which |
|
dealers and converters have affixed temporary tags. [The database
|
|
shall be managed by the vehicle titles and registration division of
|
|
the department.] |
|
SECTION 47. Section 503.0631(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department shall develop, manage, and maintain a |
|
secure, real-time database of information on persons to whom |
|
temporary buyer's tags are issued that may be used by a law |
|
enforcement agency in the same manner that the agency uses vehicle |
|
registration information. [The database shall be managed by the
|
|
vehicle titles and registration division of the department.] |
|
SECTION 48. Section 503.069(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A license plate, other than an in-transit license plate, |
|
or a temporary tag issued under this chapter shall be displayed in |
|
accordance with board [commission] rules. |
|
SECTION 49. Section 504.010(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) Unless otherwise specified by statute, the [The] board |
|
may adopt rules regarding the placement of license plates [for a
|
|
motor vehicle, road tractor, motorcycle, trailer, or semitrailer]. |
|
SECTION 50. 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 51. Sections 504.202(b) and (e), Transportation |
|
Code, are amended to read as follows: |
|
(b) A veteran of the United States armed forces is entitled |
|
to register, for the person's own use, motor vehicles under this |
|
section if: |
|
(1) the person has suffered, as a result of military |
|
service: |
|
(A) at least a 50 percent service-connected |
|
disability; or |
|
(B) a 40 percent service-connected disability |
|
because of the amputation of a lower extremity; |
|
(2) the person receives compensation from the United |
|
States because of the disability; and |
|
(3) the motor vehicle: |
|
(A) is owned by the person; and |
|
(B) has a gross vehicle weight of 18,000 pounds |
|
or less or is a motor home. |
|
(e) Other than license plates issued under Subsection (h), |
|
license plates issued under this section must include[:
|
|
[(1)
the letters "DV" on the plate if the plate is
|
|
issued for a vehicle other than a motorcycle; and
|
|
[(2)] the words "Disabled Veteran" and "U.S. Armed |
|
Forces" at the bottom of each license plate. |
|
SECTION 52. Section 504.943(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A person commits an offense if the person operates on a |
|
public highway during a registration period a road tractor, truck |
|
tractor, motorcycle, trailer, or semitrailer that does not display |
|
a license plate that: |
|
(1) has been assigned by the department for the |
|
period; and |
|
(2) complies with department rules regarding the |
|
placement of license plates. |
|
SECTION 53. Section 541.201(5), Transportation Code, is |
|
amended to read as follows: |
|
(5) "House trailer" means a trailer or semitrailer, |
|
other than a towable recreational vehicle, that: |
|
(A) is transportable on a highway in one or more |
|
sections; |
|
(B) is less than 45 [40] feet in length, |
|
excluding tow bar, while in the traveling mode; |
|
(C) is built on a permanent chassis; |
|
(D) is designed to be used as a dwelling or for |
|
commercial purposes if connected to required utilities; and |
|
(E) includes plumbing, heating, |
|
air-conditioning, and electrical systems. |
|
SECTION 54. 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]. |
|
SECTION 55. 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. |
|
SECTION 56. 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. |
|
SECTION 57. 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). |
|
SECTION 58. 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 |
|
(2) [(3)] school bus that will operate at a speed |
|
authorized by Section 545.352(b)(4)(A) [545.352(b)(5)(A)]. |
|
SECTION 59. Section 548.203, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.203. EXEMPTIONS. (a) Notwithstanding any other |
|
provision of this chapter, a vehicle that is subject to inspection |
|
under 49 C.F.R. Part 396 is exempt from the safety inspection |
|
required under this subchapter. |
|
(b) The commission by rule may exempt a type of commercial |
|
motor vehicle from the application of this subchapter if the |
|
vehicle: |
|
(1) was manufactured before September 1, 1995; |
|
(2) is operated only temporarily on a highway of this |
|
state and at a speed of less than 30 miles per hour; and |
|
(3) complies with Section 548.051 and each applicable |
|
provision in Title 49, Code of Federal Regulations. |
|
SECTION 60. 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. |
|
SECTION 61. 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), 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. |
|
SECTION 62. 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. |
|
SECTION 63. 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]. |
|
SECTION 64. 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. |
|
SECTION 65. 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. |
|
SECTION 66. 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. |
|
SECTION 67. 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. |
|
SECTION 68. 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 69. Section 621.002, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (c) to |
|
read as follows: |
|
(a) Except as provided by Subsection (c), a [A] copy of the |
|
registration receipt issued under Section 502.057 for a commercial |
|
motor vehicle, truck-tractor, trailer, or semitrailer shall be: |
|
(1) carried on the vehicle when the vehicle is on a |
|
public highway; and |
|
(2) presented to an officer authorized to enforce this |
|
chapter on request of the officer. |
|
(c) Subsection (a) does not apply to a vehicle that displays |
|
a license plate issued under Section 502.0023(d-1) or 502.255(i). |
|
SECTION 70. Subchapter A, Chapter 621, Transportation Code, |
|
is amended by adding Section 621.0075 to read as follows: |
|
Sec. 621.0075. EVIDENCE OF PERMIT. (a) An operator of a |
|
vehicle operating under a permit issued under this subtitle who is |
|
required by law or rule to carry the permit in the vehicle shall, on |
|
request, provide the permit for the vehicle or a photocopy of the |
|
permit to a peace officer, as defined by Article 2.12, Code of |
|
Criminal Procedure. |
|
(b) If the department provides a permit electronically, the |
|
vehicle operator may provide a legible and accurate image of the |
|
permit displayed on a wireless communication device. |
|
(c) The display of an image that includes permit information |
|
on a wireless communication device under Subsection (b) 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. |
|
(d) The authorization of the use of a wireless communication |
|
device to display permit information under Subsection (b) 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. |
|
(e) A telecommunications provider, as defined by Section |
|
51.002, Utilities Code, may not be held liable to the operator of |
|
the motor vehicle for the failure of a wireless communication |
|
device to display permit information under Subsection (b). |
|
SECTION 71. Subchapter A, Chapter 621, Transportation Code, |
|
is amended by adding Section 621.009 to read as follows: |
|
Sec. 621.009. SIZE AND WEIGHT LIMITATIONS. The size and |
|
weight limitations provided by this chapter apply unless otherwise |
|
provided by this subtitle. |
|
SECTION 72. Section 621.101(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A vehicle or combination of vehicles may not be operated |
|
over or on a public highway or at a port-of-entry between Texas and |
|
the United Mexican States if the vehicle or combination has: |
|
(1) a single axle weight heavier than 20,000 pounds, |
|
including all enforcement tolerances; |
|
(2) a tandem axle weight heavier than 34,000 pounds, |
|
including all enforcement tolerances; |
|
(3) an overall gross weight on a group of two or more |
|
consecutive axles heavier than the weight computed using the |
|
following formula and rounding the result to the nearest 500 |
|
pounds: |
|
W = 500((LN/(N - 1)) + 12N + 36) |
|
where: |
|
"W" is maximum overall gross weight on the group; |
|
"L" is distance in feet between the axles of the group that |
|
are the farthest apart; and |
|
"N" is number of axles in the group; or |
|
(4) tires that carry a weight heavier than the weight |
|
specified and marked on the sidewall of the tire, unless expressly |
|
authorized [the vehicle is being operated] under the terms of a |
|
special permit. |
|
SECTION 73. 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 74. 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 75. Section 621.502(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) Intent to operate a vehicle at a weight that is heavier |
|
than the weight authorized by a permit issued under Section 623.011 |
|
or 623.020 is presumed if: |
|
(1) the vehicle is operated at a weight that is heavier |
|
than the applicable weight plus the tolerance allowance provided by |
|
Section 623.011(a) or 623.020(a); and |
|
(2) a permit to operate at that weight has not been |
|
issued for the vehicle. |
|
SECTION 76. The heading to Section 621.503, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR |
|
WEIGHT LIMITATION. |
|
SECTION 77. Sections 621.503(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) A person may not load, or cause to be loaded, a vehicle |
|
for operation on a public highway of this state that exceeds the |
|
height, width, length, or weight limitations for operation of that |
|
vehicle provided by this subtitle [Section 621.101]. |
|
(b) Intent to violate a weight limitation is presumed if the |
|
weight of the loaded vehicle is heavier than the applicable axle or |
|
gross weight limit by 15 percent or more. |
|
SECTION 78. Subchapter G, Chapter 621, Transportation Code, |
|
is amended by adding Section 621.511 to read as follows: |
|
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person |
|
commits an offense if: |
|
(1) the person operates or moves on a public highway a |
|
vehicle that is issued a permit under this subtitle; and |
|
(2) the person operating or moving the vehicle is not |
|
the person named on the permit for the vehicle. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
SECTION 79. 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. |
|
SECTION 80. 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 81. Sections 623.0171(b) and (e), 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 or more 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. |
|
SECTION 82. Section 623.018(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) If a vehicle has a permit issued under Section 623.011 |
|
or 623.020, a commissioners court may not: |
|
(1) issue a permit under this section or charge an |
|
additional fee for or otherwise regulate or restrict the operation |
|
of the vehicle because of weight; or |
|
(2) require the owner or operator to execute or comply |
|
with a road use agreement or indemnity agreement, to make a filing |
|
or application, or to provide a bond or letter of credit other than |
|
the bond or letter of credit prescribed by Section 623.012. |
|
SECTION 83. 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. |
|
SECTION 84. Section 623.144, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 623.144. REGISTRATION OF VEHICLE. [(a)] A person may |
|
not operate a vehicle permitted under this subchapter on a public |
|
highway unless the vehicle is registered under Chapter 502 for the |
|
maximum gross weight applicable to the vehicle under Section |
|
621.101 or has distinguishing [specialty] license plates as |
|
provided by Section 502.146 if applicable to the vehicle. |
|
[(b)
The department may not issue specialty license plates
|
|
to a vehicle described by Section 502.146(b)(3) unless the
|
|
applicant complies with the requirements of that subsection.] |
|
SECTION 85. Sections 623.271(a) and (e), Transportation |
|
Code, are amended to read as follows: |
|
(a) The department may investigate and, except as provided |
|
by Subsection (f), may impose an administrative penalty, [or] |
|
revoke an oversize or overweight permit issued under this chapter, |
|
or revoke a motor carrier's registration, as provided by Section |
|
643.252, if the person or the holder of the permit, as applicable: |
|
(1) provides false information on the permit |
|
application or another form required by the department for the |
|
issuance of an oversize or overweight permit; |
|
(2) violates this chapter, Chapter 621, or Chapter |
|
622; |
|
(3) violates a rule or order adopted under this |
|
chapter, Chapter 621, or Chapter 622; or |
|
(4) fails to obtain an oversize or overweight permit |
|
if a permit is required. |
|
(e) A person who has been ordered to pay an administrative |
|
penalty under this section and the vehicle that is the subject of |
|
the enforcement order may not be issued a permit under this chapter |
|
or a registration, registration renewal, or reregistration of a |
|
motor carrier's registration under Chapter 643 until the amount of |
|
the penalty has been paid to the department. |
|
SECTION 86. The heading to Section 623.272, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE |
|
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. |
|
SECTION 87. 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. |
|
SECTION 88. Section 623.274, Transportation Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) On the written request of the person transporting the |
|
shipment, a [For a shipper's certificate of weight to be valid, the] |
|
shipper must: |
|
(1) certify that the information contained on the |
|
certificate of weight [form] is accurate; and |
|
(2) deliver the certificate of weight to the person |
|
transporting the shipment [motor carrier or other person
|
|
transporting the shipment before the motor carrier or other person
|
|
applies for an overweight permit under this chapter]. |
|
(c) A person transporting a shipment must provide the |
|
department with a copy of the certificate of weight before the |
|
issuance of an overweight permit under this chapter if the combined |
|
weight of the vehicle or vehicles and load is more than 200,000 |
|
pounds. |
|
SECTION 89. 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. |
|
SECTION 90. 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. |
|
SECTION 91. Sections 643.054(a-2) and (a-3), |
|
Transportation Code, are amended to read as follows: |
|
(a-2) The department may deny a registration if the |
|
applicant [applicant's business] is owned, operated, managed, or |
|
otherwise controlled by or affiliated with a person, including [the
|
|
applicant,] a [relative,] family member, corporate officer, |
|
entity, or shareholder, that [whom] the Department of Public Safety |
|
has determined has: |
|
(1) an unsatisfactory safety rating under 49 C.F.R. |
|
Part 385; or |
|
(2) multiple violations of Chapter 644, a rule adopted |
|
under that chapter, or Subtitle C. |
|
(a-3) The department may deny a registration if the |
|
applicant is owned, [a motor carrier whose business is] operated, |
|
managed, or otherwise controlled by or affiliated with a person, |
|
including a [an owner, relative,] family member, corporate officer, |
|
entity, or shareholder, that [whom the Department of Public Safety
|
|
has determined has]: |
|
(1) 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 [an unsatisfactory safety rating under 49 C.F.R. Part
|
|
385]; or |
|
(2) has unpaid administrative penalties assessed |
|
under this chapter or Subtitle E [multiple violations of Chapter
|
|
644, a rule adopted under that chapter, or Subtitle C]. |
|
SECTION 92. Section 643.056, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The department may 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 unpaid administrative penalties |
|
assessed under this chapter or Subtitle E. |
|
SECTION 93. Section 643.058, Transportation Code, is |
|
amended by adding Subsections (d) and (e) to read as follows: |
|
(d) A motor carrier may not renew a registration that has |
|
been expired for more than 180 days. The motor carrier may obtain a |
|
new registration by complying with the requirements and procedures |
|
for obtaining an original registration under this chapter. |
|
(e) The department may 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: |
|
(1) the Department of Public Safety has determined |
|
has: |
|
(A) an unsatisfactory safety rating under 49 |
|
C.F.R. Part 385; or |
|
(B) multiple violations of Chapter 644, a rule |
|
adopted under that chapter, or Subtitle C; |
|
(2) 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 |
|
(3) has unpaid administrative penalties assessed |
|
under this chapter or Subtitle E. |
|
SECTION 94. Subchapter B, Chapter 643, Transportation Code, |
|
is amended by adding Section 643.0585 to read as follows: |
|
Sec. 643.0585. REREGISTRATION. (a) If a motor carrier's |
|
registration has been suspended or revoked, the motor carrier may |
|
apply to the department for reregistration not later than the 180th |
|
day after the date the registration was suspended or revoked. |
|
(b) An application for reregistration must be submitted on a |
|
form prescribed by the department and accompanied by: |
|
(1) a $10 fee for each vehicle requiring |
|
reregistration; |
|
(2) evidence of insurance or financial responsibility |
|
as required by Section 643.103(a); and |
|
(3) any insurance filing fee required under Section |
|
643.103(c). |
|
(c) The department may deny a motor carrier's application |
|
for reregistration 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: |
|
(1) the Department of Public Safety has determined |
|
has: |
|
(A) an unsatisfactory safety rating under 49 |
|
C.F.R. Part 385; or |
|
(B) multiple violations of Chapter 644, a rule |
|
adopted under that chapter, or Subtitle C; |
|
(2) 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 |
|
(3) has unpaid administrative penalties assessed |
|
under this chapter or Subtitle E. |
|
SECTION 95. Section 643.059(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) A motor carrier required to register under this |
|
subchapter must keep a legible electronic or hard copy of the cab |
|
card in the cab of each vehicle requiring registration the carrier |
|
operates. |
|
SECTION 96. Section 643.101(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) Except as provided by this subsection and Section |
|
643.1015, the department by rule may set the amount of liability |
|
insurance required at an amount that does not exceed the amount |
|
required for a motor carrier under a federal regulation adopted |
|
under 49 U.S.C. Section 13906(a)(1). The department may determine |
|
the amount if no amount is required under federal law or regulation. |
|
In setting the amount the department shall consider: |
|
(1) the class and size of the vehicle; and |
|
(2) the persons or cargo being transported. |
|
SECTION 97. Section 643.103(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A motor carrier shall keep evidence of insurance in a |
|
form, including an electronic form, approved by the department in |
|
the cab of each vehicle requiring registration the carrier |
|
operates. |
|
SECTION 98. Section 643.153(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) A motor carrier that is required to register under |
|
Subchapter B and that transports household goods shall file a |
|
tariff with the department that establishes maximum charges for all |
|
transportation services [between two or more municipalities]. A |
|
motor carrier may comply with this requirement by filing, in a |
|
manner determined by the department, a copy of the carrier's tariff |
|
governing interstate transportation services [on a highway between
|
|
two or more municipalities]. The department shall make tariffs |
|
filed under this subsection available for public inspection [at the
|
|
department]. |
|
SECTION 99. Section 643.252(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may suspend, revoke, or deny a |
|
registration issued under this chapter or place on probation a |
|
motor carrier whose registration is suspended if a motor carrier: |
|
(1) fails to maintain insurance or evidence of |
|
financial responsibility as required by Section 643.101(a), (b), or |
|
(c)[, or (d)]; |
|
(2) fails to keep evidence of insurance in the cab of |
|
each vehicle as required by Section 643.103(b); |
|
(3) fails to register a vehicle requiring |
|
registration; |
|
(4) violates any other provision of this chapter or |
|
Chapter 621, 622, or 623; |
|
(5) knowingly provides false information on any form |
|
filed with the department under this chapter or Chapter 621, 622, or |
|
623; [or] |
|
(6) violates a rule or order adopted under this |
|
chapter or Chapter 621, 622, or 623; or |
|
(7) is owned, operated, managed, or otherwise |
|
controlled by or affiliated with a person, including a family |
|
member, corporate officer, entity, or shareholder: |
|
(A) whose registration has previously been |
|
revoked or denied; or |
|
(B) that has unpaid administrative penalties |
|
assessed under this chapter or Subtitle E. |
|
SECTION 100. Sections 643.2525(k) and (l), Transportation |
|
Code, are amended to read as follows: |
|
(k) If the motor carrier is required to pay a penalty or cost |
|
under Subsection (f), failure to pay the penalty or cost before the |
|
61st day after the date the requirement becomes final is a violation |
|
of this chapter and may result in an additional penalty, revocation |
|
or suspension of a motor carrier registration, or denial [of
|
|
renewal] of a motor carrier registration renewal or reregistration. |
|
(l) A motor carrier that is required to pay a penalty, cost, |
|
fee, or expense under this section or Section 643.251 is not |
|
eligible for a registration, reregistration, [reinstatement] or |
|
registration renewal [of a registration] under this chapter until |
|
all required amounts have been paid to the department. |
|
SECTION 101. The heading to Section 643.2526, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 643.2526. APPEAL OF DENIAL OF REGISTRATION, RENEWAL, |
|
OR REREGISTRATION [REINSTATEMENT]. |
|
SECTION 102. Section 643.2526(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding any other law, a denial of an |
|
application for registration, renewal of registration, or |
|
reregistration [reinstatement of registration] under this chapter |
|
is not required to be preceded by notice and an opportunity for |
|
hearing. |
|
SECTION 103. Section 643.253(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person fails to: |
|
(1) register as required by Subchapter B; |
|
(2) maintain insurance or evidence of financial |
|
responsibility as required by Subchapter C; or |
|
(3) keep a cab card in the cab of a vehicle as required |
|
by Section 643.059 or comply with an alternative method to the cab |
|
card established by the department under Section 643.059(e). |
|
SECTION 104. The heading to Chapter 645, Transportation |
|
Code, is amended to read as follows: |
|
CHAPTER 645. UNIFIED CARRIER [SINGLE STATE] REGISTRATION |
|
SECTION 105. Section 645.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 645.001. FEDERAL UNIFIED [MOTOR] CARRIER |
|
REGISTRATION; DEFINITION. (a) In this chapter, "unified carrier |
|
registration plan and agreement" means the federal unified carrier |
|
registration plan and agreement provided by 49 U.S.C. Section |
|
14504a. |
|
(b) The Texas Department of Motor Vehicles may, to the |
|
fullest extent practicable, participate in [a federal motor carrier
|
|
registration program under] the unified carrier registration plan |
|
and agreement [system as defined by Section 643.001 or a single
|
|
state registration system established under federal law]. |
|
SECTION 106. Section 645.002(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department may adopt rules regarding the method of |
|
payment of a fee required under the unified carrier registration |
|
plan and agreement [this chapter]. The rules may: |
|
(1) authorize the use of an escrow account described |
|
by Subsection (c), an electronic funds transfer, or a valid credit |
|
card issued by a financial institution chartered by a state or the |
|
United States or by a nationally recognized credit organization |
|
approved by the department; and |
|
(2) require the payment of a discount or service |
|
charge for a credit card payment in addition to the fee. |
|
SECTION 107. Section 645.003, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 645.003. ENFORCEMENT RULES. (a) The department may |
|
[shall] adopt rules [that are consistent with federal law] |
|
providing for administrative penalties [and sanctions] for a |
|
failure to register or submit information and documents under [as
|
|
required by] the unified carrier registration plan and agreement |
|
[system or single state registration system] or for a violation of |
|
the unified carrier registration plan and agreement [this chapter
|
|
or a rule adopted under this chapter in the same manner as
|
|
Subchapter F, Chapter 643]. |
|
(b) The notice, hearing, and other procedural requirements |
|
of Section 643.2525 apply to the imposition of an administrative |
|
penalty under this section as if the action were being taken under |
|
that section. |
|
(c) The amount of an administrative penalty imposed under |
|
this section is calculated in the same manner as the amount of an |
|
administrative penalty imposed under Section 643.251. |
|
SECTION 108. Sections 645.004(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) A person commits an offense if the person fails to: |
|
(1) [violates a rule adopted under this chapter; or
|
|
[(2) fails to] register as required by the unified |
|
carrier registration plan and agreement; or |
|
(2) submit information and documents as required by |
|
the unified carrier registration plan and agreement [a vehicle
|
|
required to be registered under this chapter]. |
|
(c) Each day a violation [of a rule] occurs is a separate |
|
offense under this section. |
|
SECTION 109. Section 646.001(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "Motor transportation broker" means a person who: |
|
(A) sells, offers for sale, provides, or |
|
negotiates for the transportation of cargo by a motor carrier |
|
registered under Chapter 643 that is operated by another person; or |
|
(B) aids or abets a person in performing an act |
|
described by Paragraph (A). |
|
SECTION 110. Section 646.002, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 646.002. EXCEPTION. This chapter does not apply to a |
|
motor transportation broker who: |
|
(1) is registered as a motor carrier under Chapter |
|
643; or |
|
(2) is registered as a motor carrier or broker under |
|
Chapter 139, [holds a permit issued under] Subtitle IV, Title 49, |
|
United States Code. |
|
SECTION 111. Section 646.003(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The bond must be in an amount of at least $75,000 |
|
[$10,000] and must be: |
|
(1) executed by a bonding company authorized to do |
|
business in this state; |
|
(2) payable to this state or a person to whom the motor |
|
transportation broker provides services; and |
|
(3) conditioned on the performance of the contract for |
|
transportation services between the broker and the person for whom |
|
services are provided. |
|
SECTION 112. Section 1001.023(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The chair shall: |
|
(1) preside over board meetings, make rulings on |
|
motions and points of order, and determine the order of business; |
|
(2) represent the department in dealing with the |
|
governor; |
|
(3) report to the governor on the state of affairs of |
|
the department at least annually [quarterly]; |
|
(4) report to the board the governor's suggestions for |
|
department operations; |
|
(5) report to the governor on efforts, including |
|
legislative requirements, to maximize the efficiency of department |
|
operations through the use of private enterprise; |
|
(6) periodically review the department's |
|
organizational structure and submit recommendations for structural |
|
changes to the governor, the board, and the Legislative Budget |
|
Board; |
|
(7) designate at least one employee of the department |
|
as a civil rights officer of the department and receive regular |
|
reports from the officer or officers on the department's efforts to |
|
comply with civil rights legislation and administrative rules; |
|
(8) create subcommittees, appoint board members to |
|
subcommittees, and receive the reports of subcommittees to the |
|
board as a whole; |
|
(9) appoint a member of the board to act in the absence |
|
of the chair and vice chair; and |
|
(10) serve as the departmental liaison with the |
|
governor and the Office of State-Federal Relations to maximize |
|
federal funding for transportation. |
|
SECTION 113. 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 114. (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. |
|
SECTION 115. 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. |
|
SECTION 116. (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. |
|
|
|
* * * * * |