85R5345 JXC-D

By: Uresti S.B. No. 1621

A BILL TO BE ENTITLED

AN ACT

relating to Texas Department of Motor Vehicles and county tax assessor-collector vehicle titling and registration duties and fees associated with those duties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.040, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e) With the approval of the commissioners court of a county, a county assessor-collector may contract with a private entity to enable an applicant for registration to use an electronic off-premises location.

SECTION 2. Section 502.042, Transportation Code, is amended to read as follows:

Sec. 502.042. TITLE REQUIRED FOR REGISTRATION. The department or a county assessor-collector may not register or renew the registration of a motor vehicle for which a title is required under Chapter 501 unless the owner:

(1) obtains a title for the vehicle; or

(2) presents satisfactory evidence that a title was previously issued to the owner by the department or another jurisdiction.

SECTION 3. Sections 502.044(d) and (e), Transportation Code, are amended to read as follows:

(d) The department or a county assessor-collector shall issue a registration receipt and registration insignia that are valid until the expiration of the designated period.

(e) The department or a county assessor-collector shall use the date of sale of the vehicle in designating the registration year for a vehicle for which registration is applied for under Section 501.0234.

SECTION 4. Subchapter B, Chapter 502, Transportation Code, is amended by adding Section 502.0441 to read as follows:

Sec. 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC SYSTEM. (a) The department may designate an electronic system for registration renewal applications.

(b) If the department designates an electronic system, each county assessor-collector shall:

(1) use the system to receive registration renewal applications for vehicles that are not required by this chapter to be registered directly by the department;

(2) review and process the applications; and

(3) mail to an applicant for renewed registration in the assessor-collector's county the registration receipt or insignia issued to the applicant.

SECTION 5. Section 502.048, Transportation Code, is amended to read as follows:

Sec. 502.048. REFUSAL TO REGISTER UNSAFE VEHICLE. The department or a county assessor-collector may refuse to register a motor vehicle and the department may cancel, suspend, or revoke a registration if the department determines that a motor vehicle is unsafe, improperly equipped, or otherwise unfit to be operated on a public highway.

SECTION 6. Sections 502.059(b), (c), and (d), Transportation Code, are amended to read as follows:

(b) On application and payment of the prescribed fee for a renewal of the registration of a vehicle through the period set by rule, the department or the county assessor-collector that receives the application shall issue a registration insignia for the validation of the license plate or plates to be attached as provided by Subsection (c).

(c) Except as provided by Subsection (f), the registration insignia for validation of a license plate shall be attached to the inside of the vehicle's windshield, if the vehicle has a windshield, in the lower left corner in a manner that will not obstruct the vision of the driver. The owner of a vehicle that does not have a windshield shall indicate on the registration or renewal application that [If] the vehicle does not have a windshield[, the owner, when applying for registration or renewal of registration, shall notify the department], and the department or the county assessor-collector that receives the application shall issue a distinctive device for attachment to the rear license plate of the vehicle.

(d) The department by rule [Department rules] may adopt [provide for the use of] an automated registration process that a county assessor-collector may adopt for the assessor-collector's county, including:

(1) the automated on-site production of registration insignia; and

(2) automated on-premises and off-premises self-service registration.

SECTION 7. Section 502.094(a), Transportation Code, is amended to read as follows:

(a) The department or a county assessor-collector may issue a temporary registration permit in lieu of registration for a commercial motor vehicle, trailer, semitrailer, or motor bus that:

(1) is owned by a resident of the United States, Canada, or the United Mexican States;

(2) is subject to registration in this state; and

(3) is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or province in which the vehicle is registered.

SECTION 8. Sections 502.095(a) and (d), Transportation Code, are amended to read as follows:

(a) The department or a county assessor-collector may issue a temporary permit in lieu of registration for a vehicle subject to registration in this state that is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or country in which the vehicle is registered.

(d) A 30-day permit may be issued only to a passenger vehicle, a private bus, a trailer or semitrailer with a gross weight of not more than 10,000 pounds, a light truck, or a light commercial vehicle with a gross vehicle weight of more than 10,000 pounds that will operate unladen. A person may obtain multiple 30-day permits. A [The department may issue a] single registration receipt may be issued to apply to all of the periods for which the vehicle is registered.

SECTION 9. Section 502.146(a), Transportation Code, is amended to read as follows:

(a) The department or a county assessor-collector shall issue 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.

SECTION 10. Section 502.1911, Transportation Code, is amended by amending Subsections (b) and (c) and adding Subsection (d) to read as follows:

(b) The board by rule shall set the fee in an amount that:

(1) includes the fee established under Section 502.356(a); and

(2) is sufficient to cover the expenses associated with collecting registration fees by:

(A) the department;

(B) a county tax assessor-collector;

(C) a private entity with which a county tax assessor-collector contracts under Section 502.040(e) [502.197]; or

(D) a deputy assessor-collector that is deputized in accordance with board rule under Section 520.0071.

(c) The county tax assessor-collector, a private entity with which a county tax assessor-collector contracts under Section 502.040(e) [502.197], or a deputy assessor-collector may retain a portion of the fee [collected under Subsection (b)] as provided by board rule. Remaining amounts collected under this section shall be deposited to the credit of the Texas Department of Motor Vehicles fund.

(d) The rules adopted under this section must allow a county tax assessor-collector to retain a service charge of at least $1.50 for each application submitted to the assessor-collector by mail. The retained service charge shall be used to pay the costs of handling and postage to mail the registration receipt and insignia to the applicant.

SECTION 11. Sections 502.195(b) and (c), Transportation Code, are amended to read as follows:

(b) The department or the county assessor-collector who collects the excessive fee shall refund an overcharge on presentation to the department or assessor-collector of satisfactory evidence of the overcharge not later than the first anniversary of the date the excessive registration fee was paid.

(c) A refund shall be paid from the fund in which the department's or county's share of registration fees is deposited, as applicable.

SECTION 12. Section 502.434(e), Transportation Code, is amended to read as follows:

(e) The department shall design and [,] prescribe, and the department or a county assessor-collector shall furnish, a sticker, plate, or other means of indicating the additional weight and the registration period for each vehicle registered under this section.

SECTION 13. Section 502.451(a), Transportation Code, is amended to read as follows:

(a) Before license plates are issued or delivered to the owner of a vehicle that is exempt by law from payment of registration fees, the department or a county assessor-collector must approve the application for registration. The department or assessor-collector may not approve an application if there is the appearance that:

(1) the vehicle was transferred to the owner or purported owner:

(A) for the sole purpose of evading the payment of registration fees; or

(B) in bad faith; or

(2) the vehicle is not being used in accordance with the exemption requirements.

SECTION 14. Section 502.471(b), Transportation Code, is amended to read as follows:

(b) This section does not apply to a violation of Section 502.003, 502.042, [502.197,] or 502.431.

SECTION 15. Sections 502.473(a), (b), and (d), Transportation Code, are amended to read as follows:

(a) A person commits an offense if the person operates on a public highway during a registration period a motor vehicle that does not properly display the registration insignia issued by the department or a county assessor-collector that establishes that the license plates have been validated for the period.

(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a registration insignia issued by the department or a county assessor-collector that establishes that the vehicle is registered for the period.

(d) A court may dismiss a charge brought under Subsection (a) if the defendant pays an administrative fee not to exceed $10 and:

(1) remedies the defect before the defendant's first court appearance; or

(2) shows that the motor vehicle was issued a registration insignia by the department or a county assessor-collector that was attached to the motor vehicle, establishing that the vehicle was registered for the period during which the offense was committed.

SECTION 16. Section 520.0071, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) The board by rule shall prescribe:

(1) the classification types of deputies performing titling and registration duties;

(2) the duties and obligations of deputies;

(3) the type and amount of any bonds that may be required by a county assessor-collector for a deputy to perform titling and registration duties; and

(4) except as provided by Subsection (c), the fees that may be charged or retained by deputies.

(c) A county assessor-collector that deputizes an individual or business under this section may authorize the deputy to charge or retain a fee in addition to fees authorized under Chapter 501 or 502 in an amount to be determined by the assessor-collector.

SECTION 17. Sections 348.005 and 353.006, Finance Code, are amended to read as follows:

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail installment contract is an itemized charge if the amount is not included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and any additional registration fees charged by a deputy as authorized [by rules adopted] under Section 520.0071, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts, warranties, automobile club memberships, or a debt cancellation agreement by Subchapter C.

Sec. 353.006. ITEMIZED CHARGE. An amount in a retail installment contract is an itemized charge if the amount is not included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and any additional registration fees charged by a deputy as authorized [by rules adopted] under Section 520.0071, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the sale or inspection of the commercial vehicle;

(4) charges authorized for insurance, service contracts, and warranties by Subchapter C; and

(5) advances or payments authorized under Section 353.402(b) or (c) made by the retail seller to or for the benefit of the retail buyer.

SECTION 18. Sections 502.197 and 520.005(d), Transportation Code, are repealed.

SECTION 19. This Act takes effect September 1, 2017.