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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Department of Motor Vehicles and county tax |
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assessor-collector vehicle titling and registration duties and |
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fees associated with those duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.040, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) With the approval of the commissioners court of a |
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county, a county assessor-collector may contract with a private |
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entity to enable an applicant for registration to use an electronic |
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off-premises location. |
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SECTION 2. Section 502.042, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.042. TITLE REQUIRED FOR REGISTRATION. The |
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department or a county assessor-collector may not register or renew |
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the registration of a motor vehicle for which a title is required |
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under Chapter 501 unless the owner: |
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(1) obtains a title for the vehicle; or |
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(2) presents satisfactory evidence that a title was |
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previously issued to the owner by the department or another |
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jurisdiction. |
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SECTION 3. Sections 502.044(d) and (e), Transportation |
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Code, are amended to read as follows: |
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(d) The department or a county assessor-collector shall |
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issue a registration receipt and registration insignia that are |
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valid until the expiration of the designated period. |
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(e) The department or a county assessor-collector shall use |
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the date of sale of the vehicle in designating the registration year |
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for a vehicle for which registration is applied for under Section |
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501.0234. |
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SECTION 4. Subchapter B, Chapter 502, Transportation Code, |
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is amended by adding Section 502.0441 to read as follows: |
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Sec. 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC |
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SYSTEM. (a) The department may designate an electronic system for |
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registration renewal applications. |
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(b) If the department designates an electronic system, each |
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county assessor-collector shall: |
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(1) use the system to receive registration renewal |
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applications for vehicles that are not required by this chapter to |
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be registered directly by the department; |
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(2) review and process the applications; and |
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(3) mail to an applicant for renewed registration in |
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the assessor-collector's county the registration receipt or |
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insignia issued to the applicant. |
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SECTION 5. Section 502.048, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.048. REFUSAL TO REGISTER UNSAFE VEHICLE. The |
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department or a county assessor-collector may refuse to register a |
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motor vehicle and the department may cancel, suspend, or revoke a |
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registration if the department determines that a motor vehicle is |
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unsafe, improperly equipped, or otherwise unfit to be operated on a |
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public highway. |
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SECTION 6. Sections 502.059(b), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(b) On application and payment of the prescribed fee for a |
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renewal of the registration of a vehicle through the period set by |
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rule, the department or the county assessor-collector that receives |
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the application shall issue a registration insignia for the |
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validation of the license plate or plates to be attached as provided |
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by Subsection (c). |
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(c) Except as provided by Subsection (f), the registration |
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insignia for validation of a license plate shall be attached to the |
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inside of the vehicle's windshield, if the vehicle has a |
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windshield, in the lower left corner in a manner that will not |
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obstruct the vision of the driver. The owner of a vehicle that does |
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not have a windshield shall indicate on the registration or renewal |
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application that [If] the vehicle does not have a windshield[, the
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owner, when applying for registration or renewal of registration,
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shall notify the department], and the department or the county |
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assessor-collector that receives the application shall issue a |
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distinctive device for attachment to the rear license plate of the |
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vehicle. |
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(d) The department by rule [Department rules] may adopt |
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[provide for the use of] an automated registration process that a |
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county assessor-collector may adopt for the assessor-collector's |
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county, including: |
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(1) the automated on-site production of registration |
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insignia; and |
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(2) automated on-premises and off-premises |
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self-service registration. |
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SECTION 7. Section 502.094(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department or a county assessor-collector may issue |
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a temporary registration permit in lieu of registration for a |
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commercial motor vehicle, trailer, semitrailer, or motor bus that: |
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(1) is owned by a resident of the United States, |
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Canada, or the United Mexican States; |
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(2) is subject to registration in this state; and |
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(3) is not authorized to travel on a public highway |
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because of the lack of registration in this state or the lack of |
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reciprocity with the state or province in which the vehicle is |
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registered. |
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SECTION 8. Sections 502.095(a) and (d), Transportation |
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Code, are amended to read as follows: |
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(a) The department or a county assessor-collector may issue |
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a temporary permit in lieu of registration for a vehicle subject to |
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registration in this state that is not authorized to travel on a |
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public highway because of the lack of registration in this state or |
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the lack of reciprocity with the state or country in which the |
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vehicle is registered. |
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(d) A 30-day permit may be issued only to a passenger |
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vehicle, a private bus, a trailer or semitrailer with a gross weight |
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of not more than 10,000 pounds, a light truck, or a light commercial |
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vehicle with a gross vehicle weight of more than 10,000 pounds that |
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will operate unladen. A person may obtain multiple 30-day permits. |
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A [The department may issue a] single registration receipt may be |
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issued to apply to all of the periods for which the vehicle is |
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registered. |
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SECTION 9. Section 502.146(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department or a county assessor-collector shall |
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issue specialty license plates to a vehicle described by Subsection |
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(b) or (c). The fee for the license plates is $5 and shall be |
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deposited to the credit of the Texas Department of Motor Vehicles |
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fund. |
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SECTION 10. Section 502.1911, Transportation Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) The board by rule shall set the fee in an amount that: |
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(1) includes the fee established under Section |
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502.356(a); and |
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(2) is sufficient to cover the expenses associated |
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with collecting registration fees by: |
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(A) the department; |
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(B) a county tax assessor-collector; |
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(C) a private entity with which a county tax |
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assessor-collector contracts under Section 502.040(e) [502.197]; |
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or |
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(D) a deputy assessor-collector that is |
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deputized in accordance with board rule under Section 520.0071. |
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(c) The county tax assessor-collector, a private entity |
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with which a county tax assessor-collector contracts under Section |
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502.040(e) [502.197], or a deputy assessor-collector may retain a |
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portion of the fee [collected under Subsection (b)] as provided by |
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board rule. Remaining amounts collected under this section shall |
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be deposited to the credit of the Texas Department of Motor Vehicles |
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fund. |
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(d) The rules adopted under this section must allow a county |
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tax assessor-collector to retain a service charge of at least $1.50 |
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for each application submitted to the assessor-collector by mail. |
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The retained service charge shall be used to pay the costs of |
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handling and postage to mail the registration receipt and insignia |
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to the applicant. |
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SECTION 11. Sections 502.195(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) The department or the county assessor-collector who |
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collects the excessive fee shall refund an overcharge on |
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presentation to the department or assessor-collector of |
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satisfactory evidence of the overcharge not later than the first |
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anniversary of the date the excessive registration fee was paid. |
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(c) A refund shall be paid from the fund in which the |
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department's or county's share of registration fees is deposited, |
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as applicable. |
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SECTION 12. Section 502.434(e), Transportation Code, is |
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amended to read as follows: |
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(e) The department shall design and [,] prescribe, and the |
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department or a county assessor-collector shall furnish, a sticker, |
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plate, or other means of indicating the additional weight and the |
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registration period for each vehicle registered under this section. |
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SECTION 13. Section 502.451(a), Transportation Code, is |
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amended to read as follows: |
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(a) Before license plates are issued or delivered to the |
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owner of a vehicle that is exempt by law from payment of |
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registration fees, the department or a county assessor-collector |
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must approve the application for registration. The department or |
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assessor-collector may not approve an application if there is the |
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appearance that: |
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(1) the vehicle was transferred to the owner or |
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purported owner: |
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(A) for the sole purpose of evading the payment |
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of registration fees; or |
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(B) in bad faith; or |
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(2) the vehicle is not being used in accordance with |
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the exemption requirements. |
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SECTION 14. Section 502.471(b), Transportation Code, is |
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amended to read as follows: |
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(b) This section does not apply to a violation of Section |
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502.003, 502.042, [502.197,] or 502.431. |
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SECTION 15. Sections 502.473(a), (b), and (d), |
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Transportation Code, are amended to read as follows: |
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(a) A person commits an offense if the person operates on a |
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public highway during a registration period a motor vehicle that |
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does not properly display the registration insignia issued by the |
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department or a county assessor-collector that establishes that the |
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license plates have been validated for the period. |
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(b) A person commits an offense if the person operates on a |
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public highway during a registration period a road tractor, |
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motorcycle, trailer, or semitrailer that does not display a |
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registration insignia issued by the department or a county |
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assessor-collector that establishes that the vehicle is registered |
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for the period. |
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(d) A court may dismiss a charge brought under Subsection |
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(a) if the defendant pays an administrative fee not to exceed $10 |
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and: |
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(1) remedies the defect before the defendant's first |
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court appearance; or |
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(2) shows that the motor vehicle was issued a |
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registration insignia by the department or a county |
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assessor-collector that was attached to the motor vehicle, |
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establishing that the vehicle was registered for the period during |
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which the offense was committed. |
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SECTION 16. Section 520.0071, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The board by rule shall prescribe: |
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(1) the classification types of deputies performing |
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titling and registration duties; |
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(2) the duties and obligations of deputies; |
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(3) the type and amount of any bonds that may be |
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required by a county assessor-collector for a deputy to perform |
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titling and registration duties; and |
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(4) except as provided by Subsection (c), the fees |
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that may be charged or retained by deputies. |
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(c) A county assessor-collector that deputizes an |
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individual or business under this section may authorize the deputy |
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to charge or retain a fee in addition to fees authorized under |
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Chapter 501 or 502 in an amount to be determined by the |
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assessor-collector. |
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SECTION 17. Sections 348.005 and 353.006, Finance Code, are |
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amended to read as follows: |
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Sec. 348.005. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a deputy as |
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authorized [by rules adopted] under Section 520.0071, |
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Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the motor vehicle; and |
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(4) charges authorized for insurance, service |
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contracts, warranties, automobile club memberships, or a debt |
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cancellation agreement by Subchapter C. |
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Sec. 353.006. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a deputy as |
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authorized [by rules adopted] under Section 520.0071, |
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Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the commercial vehicle; |
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(4) charges authorized for insurance, service |
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contracts, and warranties by Subchapter C; and |
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(5) advances or payments authorized under Section |
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353.402(b) or (c) made by the retail seller to or for the benefit of |
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the retail buyer. |
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SECTION 18. Sections 502.197 and 520.005(d), |
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Transportation Code, are repealed. |
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SECTION 19. This Act takes effect September 1, 2017. |