Bill Text: TX HB2357 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to motor vehicles; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2357 Detail]
Download: Texas-2011-HB2357-Introduced.html
Bill Title: Relating to motor vehicles; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2357 Detail]
Download: Texas-2011-HB2357-Introduced.html
82R8675 JAM-F | ||
By: Pickett | H.B. No. 2357 |
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relating to motor vehicles; providing penalties. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Section 501.002, Transportation Code, is amended | |||||
to read as follows: | |||||
Sec. 501.002. DEFINITIONS. In this chapter: | |||||
(1) "Certificate of title" means a printed record of | |||||
title [ |
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(2) "Credit card" means a card, plate, or similar | |||||
device used to make a purchase or to borrow money. | |||||
(3) "Dealer" has the meaning assigned by Section | |||||
503.001 [ |
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(4) "Debit card" means a card that enables the holder | |||||
to withdraw money or to have the cost of a purchase charged directly | |||||
to the holder's bank account. | |||||
(5) [ |
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Motor Vehicles. | |||||
(6) [ |
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Section 2301.002, Occupations Code [ |
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(7) "Electric bicycle" has the meaning assigned by | |||||
Section 541.201. | |||||
(8) [ |
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(A) the bargain, sale, transfer, or delivery of a | |||||
motor vehicle that has not been previously registered or titled | |||||
[ |
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other than a lien, regardless of where the bargain, sale, transfer, | |||||
or delivery occurred; and | |||||
(B) the registration or titling [ |
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that vehicle. | |||||
(9) [ |
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human habitation. The term does not include manufactured housing. | |||||
(10) [ |
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manufacturer, that brings a used motor vehicle into this state for | |||||
sale in this state. | |||||
(11) [ |
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certificate for a used motor vehicle brought into this state for | |||||
sale in this state. | |||||
(12) [ |
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(A) a lien provided for by the constitution or | |||||
statute in a motor vehicle; | |||||
(B) a security interest, as defined by Section | |||||
1.201, Business & Commerce Code, in a motor vehicle, other than an | |||||
absolute title, created by any written security agreement, as | |||||
defined by Section 9.102, Business & Commerce Code, including a | |||||
lease, conditional sales contract, deed of trust, chattel mortgage, | |||||
trust receipt, or reservation of title; or | |||||
(C) a child support lien under Chapter 157, | |||||
Family Code. | |||||
(13) [ |
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assigned by Chapter 1201, Occupations Code. | |||||
(14) [ |
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by Section 503.001 [ |
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(15) [ |
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identification number" means the number affixed by the manufacturer | |||||
to a motor vehicle in a manner and place easily accessible for | |||||
physical examination and die-stamped or otherwise permanently | |||||
affixed on one or more removable parts of the vehicle. | |||||
(16) [ |
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Section 521.001 or 541.201, as applicable [ |
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(17) [ |
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(A) any motor driven or propelled vehicle | |||||
required to be registered under the laws of this state; | |||||
(B) a trailer or semitrailer, other than | |||||
manufactured housing, that has a gross vehicle weight that exceeds | |||||
4,000 pounds; | |||||
(C) a travel [ |
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(D) an all-terrain vehicle or a recreational | |||||
off-highway vehicle, as those terms are defined by Section 502.001, | |||||
designed by the manufacturer for off-highway use that is not | |||||
required to be registered under the laws of this state; or | |||||
(E) a motorcycle, motor-driven cycle, or moped | |||||
that is not required to be registered under the laws of this state[ |
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(18) [ |
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assigned by Section 2301.002, Occupations Code [ |
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(19) [ |
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(A) holds the legal title to a motor vehicle, | |||||
other than a manufacturer, importer, distributor, or dealer; | |||||
(B) has the legal right of possession of a motor | |||||
vehicle;[ |
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(C) has the legal [ |
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[ |
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(20) "Purchaser" means a person or entity to which a | |||||
motor vehicle is donated, given, sold, or otherwise transferred. | |||||
The term does not include an importer, a distributor, or a dealer | |||||
unless one of those entities chooses to take title in the entity's | |||||
name. | |||||
(21) "Record of title" means an electronic record of | |||||
motor vehicle ownership in the department's motor vehicle database | |||||
that is created under Subchapter I. | |||||
(22) "Seller" means a person or entity that donates, | |||||
gives, sells, or otherwise transfers ownership of a motor vehicle. | |||||
(23) [ |
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designed or used with a motor vehicle so that part of the weight of | |||||
the vehicle and its load rests on or is carried by another vehicle. | |||||
(24) [ |
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identification number that is affixed to a part of a motor vehicle | |||||
and that is: | |||||
(A) the manufacturer's permanent vehicle | |||||
identification number; | |||||
(B) a derivative number of the manufacturer's | |||||
permanent vehicle identification number; | |||||
(C) the motor number; or | |||||
(D) the vehicle identification number assigned | |||||
by the department. | |||||
(25) [ |
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Section 31.01, Penal Code. | |||||
(26) [ |
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(A) the bargain, sale, transfer, or delivery of a | |||||
used motor vehicle [ |
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vehicle, other than a lien[ |
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(B) the registration of the vehicle if | |||||
registration is required under the laws of this state. | |||||
(27) "Title" means a certificate or record of title | |||||
that is issued under Section 501.021. | |||||
(28) [ |
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(29) [ |
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(A) is designed or used to carry a load wholly on | |||||
the trailer's own structure; and | |||||
(B) is drawn or designed to be drawn by a motor | |||||
vehicle. | |||||
(30) "Travel trailer" means a house trailer-type | |||||
vehicle or a camper trailer: | |||||
(A) that is a recreational vehicle defined under | |||||
24 C.F.R. Section 3282.8(g); or | |||||
(B) that: | |||||
(i) is less than eight feet in width and 40 | |||||
feet in length, exclusive of any hitch installed on the vehicle; | |||||
(ii) is designed primarily for use as | |||||
temporary living quarters in connection with recreational, | |||||
camping, travel, or seasonal use; | |||||
(iii) is not used as a permanent dwelling; | |||||
and | |||||
(iv) is not a utility trailer, enclosed | |||||
trailer, or other trailer that does not have human habitation as its | |||||
primary function. | |||||
(31) [ |
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that has been the subject of a first sale. | |||||
(32) "Vehicle identification number" means: | |||||
(A) the manufacturer's permanent vehicle | |||||
identification number affixed by the manufacturer to the motor | |||||
vehicle that is easily accessible for physical examination and | |||||
permanently affixed on one or more removable parts of the vehicle; | |||||
or | |||||
(B) a serial number affixed to a part of a motor | |||||
vehicle that is: | |||||
(i) a derivative number of the | |||||
manufacturer's permanent vehicle identification number; | |||||
(ii) the motor number; or | |||||
(iii) a vehicle identification number | |||||
assigned by the department. | |||||
SECTION 2. The heading to Section 501.003, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.003. PURPOSE [ |
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SECTION 3. Section 501.004(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) Except as provided by this section, this [ |
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applies to all motor vehicles, including a motor vehicle owned by | |||||
the state or a political subdivision of the state. | |||||
SECTION 4. Section 501.131, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.0041, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.0041 [ |
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department may adopt rules to administer this chapter. | |||||
(b) The department shall post forms on the Internet and[ |
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[ |
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[ |
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sufficient supply of any necessary [ |
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SECTION 5. Section 501.159, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.006, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.006 [ |
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receipt of a verified [ |
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administrator of a law enforcement agency, the department may issue | |||||
a [ |
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administrator for a vehicle in an alias for the [ |
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agency's use by a person elected, appointed, or employed as a peace | |||||
officer under Article 2.12, Code of Criminal Procedure [ |
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SECTION 6. Section 501.021, Transportation Code, is amended | |||||
to read as follows: | |||||
Sec. 501.021. [ |
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(a) A motor vehicle [ |
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issued by the department must include [ |
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(1) the name and address of each [ |
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seller at the first sale or [ |
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subsequent sale; | |||||
(2) the [ |
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(3) the [ |
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[ |
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[ |
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[ |
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and the date of each lien on the vehicle, listed in the | |||||
chronological order in which the lien was recorded; | |||||
(4) [ |
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[ |
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under Section 501.031; | |||||
(5) [ |
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odometer reading [ |
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(6) [ |
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department. | |||||
(b) A printed certificate of title must bear the following | |||||
statement on its face: | |||||
"UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF | |||||
STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF | |||||
TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF | |||||
TITLE." | |||||
(c) A [ |
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been the subject of an ordered repurchase or replacement under | |||||
Chapter 2301, Occupations Code, must contain on its face a notice | |||||
sufficient to inform a purchaser that the motor vehicle has been the | |||||
subject of an ordered repurchase or replacement. | |||||
SECTION 7. The heading to Section 501.022, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.022. MOTOR VEHICLE [ |
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REQUIRED. | |||||
SECTION 8. Sections 501.022(a), (b), and (c), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) The owner of a motor vehicle registered in this state: | |||||
(1) except as provided by Section 501.029, shall apply | |||||
for title to the vehicle; and | |||||
(2) may not operate or permit the operation of the | |||||
vehicle on a public highway until the owner obtains: | |||||
(A) [ |
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(B) [ |
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registration purposes only [ |
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501.029 [ |
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(b) A person may not operate a motor vehicle registered in | |||||
this state on a public highway if the person knows or has reason to | |||||
believe that the owner has not obtained a [ |
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the vehicle. | |||||
(c) The owner of a motor vehicle that is required to be | |||||
titled and registered in this state must obtain [ |
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[ |
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disposing of the vehicle. | |||||
SECTION 9. The heading to Section 501.023, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.023. APPLICATION FOR [ |
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SECTION 10. Section 501.023, Transportation Code, is | |||||
amended by amending Subsections (a), (b), and (c) and adding | |||||
Subsection (e) to read as follows: | |||||
(a) The owner of a motor vehicle must present identification | |||||
and apply for a [ |
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department, unless otherwise exempted by law. To obtain a title, | |||||
the owner must apply: | |||||
(1) to the county assessor-collector in the county in | |||||
which: | |||||
(A) the owner is domiciled; or | |||||
(B) the motor vehicle is purchased or encumbered; | |||||
or [ |
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(2) if the county in which the owner resides has been | |||||
declared by the governor as a disaster area, to the county | |||||
assessor-collector in one of the closest unaffected counties to a | |||||
county that asks for assistance and: | |||||
(A) continues to be declared by the governor as a | |||||
disaster area because the county has been rendered inoperable by | |||||
the disaster; and | |||||
(B) is inoperable for a protracted period of time | |||||
[ |
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(b) The assessor-collector shall send the application to | |||||
the department or enter it into the department's titling system | |||||
within 72 [ |
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application. | |||||
(c) The owner or a lessee of a commercial motor vehicle | |||||
operating under the International Registration Plan or other | |||||
agreement described by Section 502.091 [ |
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for a [ |
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apply [ |
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Section 501.138(a), an applicant for registration under this | |||||
subsection shall pay [ |
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section. The [ |
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to the appropriate county assessor-collector [ |
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the manner provided by Section 501.138. | |||||
(e) Applications submitted to the department electronically | |||||
must request the purchaser's choice of county as stated in | |||||
Subsection (a) as the recipient of all taxes, fees, and other | |||||
revenue collected as a result of the transaction. | |||||
SECTION 11. Sections 501.0234(a), (b), (d), and (e), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) A person who sells at the first or a subsequent sale a | |||||
motor vehicle and who holds a general distinguishing number issued | |||||
under Chapter 503 of this code or Chapter 2301, Occupations Code, | |||||
shall: | |||||
(1) except as provided by this section, in the time and | |||||
manner provided by law, apply, in the name of the purchaser of the | |||||
vehicle, for the registration of the vehicle, if the vehicle is to | |||||
be registered, and a [ |
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with the appropriate designated agent each document necessary to | |||||
transfer title to or register the vehicle; and at the same time | |||||
(2) remit any required motor vehicle sales tax. | |||||
(b) This section does not apply to a motor vehicle: | |||||
(1) that has been declared a total loss by an insurance | |||||
company in the settlement or adjustment of a claim; | |||||
(2) for which the [ |
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surrendered in exchange for: | |||||
(A) a salvage vehicle title or salvage record of | |||||
title issued under this chapter; | |||||
(B) a nonrepairable vehicle title or | |||||
nonrepairable vehicle record of title issued under this chapter or | |||||
Subchapter D, Chapter 683; or | |||||
(C) [ |
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[ |
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state that is comparable to a document described by Paragraph (A) or | |||||
(B) [ |
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(3) with a gross weight in excess of 11,000 pounds; or | |||||
(4) purchased by a commercial fleet buyer who is a | |||||
full-service deputy under Section 520.008 [ |
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utilizes the dealer title application process developed to provide | |||||
a method to submit title transactions to the county in which the | |||||
commercial fleet buyer is a full-service deputy. | |||||
(d) A seller who applies for the registration or a | |||||
[ |
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shall apply in the county as directed by the purchaser from the | |||||
counties set forth in Section 501.023 [ |
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(e) The department shall develop [ |
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electronic process in [ |
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shall designate the purchaser's choice as set out in Section | |||||
501.023 as the recipient of all taxes, fees, and other revenue | |||||
collected as a result of the transaction, which the tax | |||||
assessor-collector is authorized by law to retain. A seller shall | |||||
make that form or electronic process available to the purchaser of a | |||||
vehicle at the time of purchase. | |||||
SECTION 12. Subchapter B, Chapter 501, Transportation Code, | |||||
is amended by adding Section 501.0235 to read as follows: | |||||
Sec. 501.0235. PERSONAL IDENTIFICATION INFORMATION FOR | |||||
OBTAINING TITLE. (a) The department may require an applicant for a | |||||
title to provide current personal identification as determined by | |||||
department rule. | |||||
(b) Any identification number required by the department | |||||
under this section may be entered in the department's electronic | |||||
titling system but may not be printed on the title. | |||||
SECTION 13. Section 501.024, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.024. TITLE RECEIPT. (a) A county | |||||
assessor-collector who receives an application for a [ |
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the information concerning the motor vehicle required for issuance | |||||
of a title under Section 501.021 or Subchapter I [ |
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(1) the requirements of this chapter are met, | |||||
including the payment of the fees required under Section 501.138; | |||||
and | |||||
(2) the [ |
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information is entered into the department's titling system | |||||
[ |
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(b) If a lien is not disclosed on the application for a | |||||
[ |
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(c) If a lien is disclosed on the application for a | |||||
[ |
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duplicate title receipt to the lienholder [ |
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[ |
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[ |
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(d) A title receipt with registration authorizes the | |||||
operation of the motor vehicle on a public highway in this state for | |||||
10 days or until the [ |
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period is shorter. | |||||
SECTION 14. Section 501.025, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.025. [ |
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MANUFACTURER'S CERTIFICATE REQUIRED ON FIRST SALE. A county | |||||
assessor-collector may not issue a title receipt on the first sale | |||||
of a motor vehicle unless the applicant for the [ |
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title provides [ |
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[ |
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manner [ |
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[ |
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[ |
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SECTION 15. Section 501.027, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.027. ISSUANCE OF [ |
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the day that a county assessor-collector issues a title receipt, a | |||||
copy of the title receipt and all evidence of title [ |
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the period specified in Section 501.023(b) [ |
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[ |
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[ |
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(b) Not later than the fifth day after the date the | |||||
department receives an application for a [ |
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the department determines the requirements of this chapter are met: | |||||
(1) the [ |
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applicant if [ |
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(2) [ |
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department's titling system has established a record of title of | |||||
the motor vehicle in the applicant's name if a lien is not disclosed | |||||
[ |
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disclosed on the application, the department shall notify [ |
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the [ |
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the lien has been recorded [ |
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SECTION 16. Section 501.0275, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE. | |||||
(a) The department shall issue a [ |
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motor vehicle that complies with the other requirements [ |
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[ |
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(1) the vehicle is not registered for a reason other | |||||
than a reason provided by Section 501.051(a)(6) [ |
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(2) the applicant does not provide evidence of | |||||
financial responsibility that complies with Section 502.046 | |||||
[ |
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(b) On application for a [ |
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section, the applicant must surrender any license plates issued for | |||||
the motor vehicle if the plates are not being transferred to another | |||||
vehicle and any registration insignia for validation of those | |||||
plates to the department. | |||||
SECTION 17. Section 501.0276, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.0276. DENIAL OF TITLE RECEIPT, [ |
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TITLE, OR RECORD OF TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS | |||||
TESTING. A county assessor-collector may not issue a title receipt | |||||
and the department may not issue a certificate of title for a | |||||
vehicle subject to Section 548.3011 unless proof that the vehicle | |||||
has passed a vehicle emissions test as required by that section, in | |||||
a manner [ |
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county assessor-collector with the application for a [ |
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SECTION 18. Section 501.029, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.029. ACCEPTABLE PROOF OF OWNERSHIP [ |
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[ |
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the documents required for the issuance of a receipt that evidences | |||||
title to a motor vehicle for registration purposes only. The fee | |||||
for application for the receipt is the fee applicable to | |||||
application for a [ |
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be used to transfer an interest in or establish a lien on the | |||||
vehicle. | |||||
SECTION 19. Sections 501.030(b), (d), (e), (f), and (g), | |||||
Transportation Code, are amended to read as follows: | |||||
(b) Before a motor vehicle that was not manufactured for | |||||
sale or distribution in the United States may be titled in this | |||||
state, the applicant must: | |||||
(1) provide to the assessor-collector: | |||||
(A) a bond release letter, with all attachments, | |||||
issued by the United States Department of Transportation | |||||
acknowledging: | |||||
(i) receipt of a statement of compliance | |||||
submitted by the importer of the vehicle; and | |||||
(ii) that the statement meets the safety | |||||
requirements of 19 C.F.R. Section 12.80(e); | |||||
(B) a bond release letter, with all attachments, | |||||
issued by the United States Environmental Protection Agency stating | |||||
that the vehicle has been tested and shown to conform to federal | |||||
emission requirements; and | |||||
(C) a receipt or certificate issued by the United | |||||
States Department of the Treasury showing that all gas guzzler | |||||
taxes due on the vehicle under 26 U.S.C. Section 4064(a) have been | |||||
paid; or | |||||
(2) provide to the assessor-collector proof, | |||||
satisfactory to the department, [ |
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vehicle was not brought into the United States from outside [ |
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country. | |||||
(d) If a motor vehicle has not been titled or registered in | |||||
the United States, the application for [ |
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be accompanied by: | |||||
(1) a manufacturer's certificate of origin written in | |||||
English issued by the vehicle manufacturer; | |||||
(2) the original documents that constitute valid proof | |||||
of ownership in the country where the vehicle was originally | |||||
purchased, with an English translation of the documents verified as | |||||
to the accuracy of the translation by an affidavit of the | |||||
translator; or | |||||
(3) if the vehicle was imported from a country that | |||||
cancels the vehicle registration and title for export, the | |||||
documents assigned to the vehicle after the registration and title | |||||
were canceled, with an English translation of the documents | |||||
verified as to the accuracy of the translation by an affidavit of | |||||
the translator. | |||||
(e) Before a motor vehicle that is required to be registered | |||||
in this state and that is brought into this state by a person other | |||||
than a manufacturer or importer may be bargained, sold, | |||||
transferred, or delivered with an intent to pass an interest in the | |||||
vehicle or encumbered by a lien, the owner must apply for a | |||||
[ |
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department to the county assessor-collector for the county in which | |||||
the transaction is to take place. The assessor-collector may not | |||||
issue a title receipt unless the applicant delivers to the | |||||
assessor-collector satisfactory evidence [ |
|||||
the applicant is the owner of the vehicle and that the vehicle is | |||||
free of any undisclosed liens. | |||||
(f) A county assessor-collector may not be held liable for | |||||
civil damages arising out of the assessor-collector's failure to | |||||
reflect on the title receipt a lien or encumbrance on a motor | |||||
vehicle to which Subsection (e) applies unless the | |||||
[ |
|||||
negligence. | |||||
(g) Until an applicant has complied with this section: | |||||
(1) a county assessor-collector may not accept an | |||||
application for [ |
|||||
(2) the applicant is not entitled to an appeal as | |||||
provided by Sections 501.052 and 501.053. | |||||
SECTION 20. Section 501.031, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.031. RIGHTS OF SURVIVORSHIP AGREEMENT. (a) The | |||||
department shall include on each [ |
|||||
[ |
|||||
(1) provides [ |
|||||
between [ |
|||||
is held jointly by those persons with the interest of a person who | |||||
dies to transfer [ |
|||||
(2) provides [ |
|||||
by signature, either electronically or by hand, [ |
|||||
persons. | |||||
(b) If the vehicle is registered in the name of one or more | |||||
of the persons who acknowledged [ |
|||||
[ |
|||||
(1) rights of survivorship agreement acknowledged | |||||
[ |
|||||
(2) remark if a rights of survivorship agreement is | |||||
[ |
|||||
|
|||||
(c) Ownership [ |
|||||
|
|||||
(1) by all the persons acting jointly, if all the | |||||
persons are alive; and | |||||
(2) on the death of one of the persons by the surviving | |||||
person or persons by transferring ownership of the vehicle [ |
|||||
|
|||||
|
|||||
certificate of the deceased person [ |
|||||
|
|||||
(d) A rights of survivorship agreement under this section | |||||
may be revoked only if [ |
|||||
|
|||||
|
|||||
the name of the person or persons designated in the application. | |||||
(e) A person is eligible to file [ |
|||||
survivorship agreement under this section if the person: | |||||
(1) is married and the spouse of the [ |
|||||
is the only other party to the agreement; | |||||
(2) is unmarried and attests to that unmarried status | |||||
by affidavit; or | |||||
(3) is married and provides the department with an | |||||
affidavit from the [ |
|||||
[ |
|||||
person's separate property. | |||||
(f) The department may develop an optional electronic [ |
|||||
|
|||||
|
|||||
survivorship agreement for public use [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
SECTION 21. Section 501.032, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.032. ASSIGNMENT OF VEHICLE IDENTIFICATION | |||||
[ |
|||||
department shall assign a vehicle identification [ |
|||||
to a travel [ |
|||||
gross vehicle weight that exceeds 4,000 pounds, or an item of | |||||
equipment, including a tractor, farm implement, unit of special | |||||
mobile equipment, or unit of off-road construction equipment on | |||||
which: | |||||
(1) a vehicle identification [ |
|||||
die-stamped by the manufacturer; or | |||||
(2) a vehicle identification [ |
|||||
die-stamped by the manufacturer has been lost, removed, or | |||||
obliterated. | |||||
(b) The applicant shall die-stamp the assigned vehicle | |||||
identification [ |
|||||
department on the travel [ |
|||||
equipment. | |||||
(c) The manufacturer's vehicle identification [ |
|||||
number or the vehicle identification [ |
|||||
the department shall be affixed on the carriage or axle part of the | |||||
travel [ |
|||||
shall use the number as the major identification of the vehicle in | |||||
the issuance of a [ |
|||||
SECTION 22. Sections 501.033(a), (b), and (d), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) A person determined by law enforcement [ |
|||||
or a court to be the owner of a motor vehicle, a part of a motor | |||||
vehicle, or an item of equipment including a tractor, farm | |||||
implement, unit of special mobile equipment, or unit of off-road | |||||
construction equipment [ |
|||||
|
|||||
assigned vehicle identification number that has been removed, | |||||
altered, or obliterated. | |||||
(b) An application under this section must be in [ |
|||||
manner [ |
|||||
accompanied by [ |
|||||
valid evidence of ownership as required by the department [ |
|||||
|
|||||
(d) The assigned vehicle identification number shall be | |||||
die-stamped or otherwise affixed [ |
|||||
|
|||||
the department. | |||||
SECTION 23. Section 520.011, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.0331, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.0331 [ |
|||||
[ |
|||||
to the county assessor-collector for the registration of a motor | |||||
vehicle from which the original motor number has been removed, | |||||
erased, or destroyed until the motor vehicle bears the motor number | |||||
assigned by the department. | |||||
[ |
|||||
|
|||||
|
|||||
SECTION 24. Section 520.012, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.0332, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.0332 [ |
|||||
RECORD[ |
|||||
by the department, the owner of a motor vehicle that has had the | |||||
original motor number removed, erased, or destroyed must file a | |||||
sworn application with the department. | |||||
(b) The department shall maintain a record of [ |
|||||
|
|||||
department that includes [ |
|||||
|
|||||
(1) the motor number assigned by the department; | |||||
(2) the name and address of the owner of the motor | |||||
vehicle; and | |||||
(3) the make, model, and year of manufacture of the | |||||
motor vehicle. | |||||
[ |
|||||
|
|||||
|
|||||
SECTION 25. Section 501.034, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.034. ISSUANCE OF TITLE TO GOVERNMENT AGENCY. The | |||||
department may issue a [ |
|||||
agency if a vehicle or part of a vehicle is: | |||||
(1) forfeited to the government agency; | |||||
(2) delivered by court order under the Code of | |||||
Criminal Procedure to a government agency for official purposes; or | |||||
(3) sold as abandoned or unclaimed property under the | |||||
Code of Criminal Procedure. | |||||
SECTION 26. Section 501.035, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.035. [ |
|||||
VEHICLE. (a) Notwithstanding any other law, the department may | |||||
[ |
|||||
vehicle [ |
|||||
[ |
|||||
met. | |||||
(b) In this section, "former military vehicle" has the | |||||
meaning assigned by Section 504.502(i) [ |
|||||
SECTION 27. Section 501.036, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.036. [ |
|||||
(a) Notwithstanding any other provision of this chapter, the | |||||
department may issue a [ |
|||||
semitrailer with a gross weight of more than 4,000 pounds if: | |||||
(1) the farm semitrailer is eligible for registration | |||||
under Section 502.146 [ |
|||||
(2) all other requirements for issuance of a | |||||
[ |
|||||
(b) To obtain a [ |
|||||
the owner of the farm semitrailer must: | |||||
(1) apply for the [ |
|||||
required by Section 501.023; and | |||||
(2) pay the fee required by Section 501.138. | |||||
(c) The department shall adopt rules [ |
|||||
implement and administer this section. | |||||
SECTION 28. Section 501.051, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.051. GROUNDS FOR REFUSAL TO ISSUE OR FOR | |||||
REVOCATION OR SUSPENSION OF TITLE [ |
|||||
be refused, canceled, suspended, or revoked by the [ |
|||||
[ |
|||||
|
|||||
(1) the application [ |
|||||
false or fraudulent statement; | |||||
(2) the applicant failed to furnish required | |||||
information requested by the department; | |||||
(3) the applicant is not entitled to a [ |
|||||
|
|||||
(4) the department has reason to believe that the | |||||
motor vehicle is stolen; | |||||
(5) the department has reason to believe that the | |||||
issuance of a [ |
|||||
lienholder of the motor vehicle; | |||||
(6) the registration for the motor vehicle is | |||||
suspended or revoked; or | |||||
(7) the required fee has not been paid. | |||||
(b) The department may rescind, cancel, or revoke an | |||||
application for a title if a notarized affidavit is presented | |||||
containing: | |||||
(1) a statement that the vehicle involved was a new | |||||
motor vehicle in the process of a first sale; | |||||
(2) a statement that the dealer, the applicant, and | |||||
any lienholder have canceled the sale; | |||||
(3) a statement that the vehicle: | |||||
(A) was never in the possession of the title | |||||
applicant; or | |||||
(B) was in the possession of the title applicant; | |||||
and | |||||
(4) the signatures of the dealer, the applicant, and | |||||
any lienholder. | |||||
(c) A rescission, cancellation, or revocation containing | |||||
the statement authorized under Subsection (b)(3)(B) does not negate | |||||
the fact that the vehicle has been the subject of a previous retail | |||||
sale. | |||||
SECTION 29. The heading to Section 501.052, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.052. HEARING ON REFUSAL TO ISSUE OR REVOCATION OR | |||||
SUSPENSION OF [ |
|||||
SECTION 30. Sections 501.052(a), (d), and (e), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) An interested person aggrieved by a refusal, | |||||
rescission, cancellation, suspension, or revocation under Section | |||||
501.051 may apply for a hearing to the county assessor-collector | |||||
for the county in which the person is a resident [ |
|||||
the day an assessor-collector receives the application, the | |||||
assessor-collector shall notify the department of the date of the | |||||
hearing. | |||||
(d) A determination of the assessor-collector is binding on | |||||
the applicant and the department as to whether the department | |||||
correctly refused to issue or correctly rescinded, canceled, | |||||
revoked, or suspended the [ |
|||||
(e) An applicant aggrieved by the determination under | |||||
Subsection (d) may appeal to the county court of the county of the | |||||
applicant's residence. An applicant must file an appeal not later | |||||
than the fifth day after the date of the assessor-collector's | |||||
determination. The county court judge shall try the appeal in the | |||||
manner of other civil cases. All rights and immunities granted in | |||||
the trial of a civil case are available to the interested parties. | |||||
If the department's action is not sustained, the department shall | |||||
promptly issue a [ |
|||||
SECTION 31. Section 501.053, Transportation Code, is | |||||
amended by amending Subsections (a), (b), and (d) and adding | |||||
Subsection (e) to read as follows: | |||||
(a) As an alternative to the procedure provided by Section | |||||
501.052, the person may file a bond with the department. On the | |||||
filing of the bond the person [ |
|||||
|
|||||
(b) The bond must be: | |||||
(1) in the manner [ |
|||||
(2) executed by the applicant; | |||||
(3) issued by a person authorized to conduct a surety | |||||
business in this state; | |||||
(4) in an amount equal to one and one-half times the | |||||
value of the vehicle as determined by the department, which may set | |||||
an appraisal system by rule if it is unable to determine that value; | |||||
and | |||||
(5) conditioned to indemnify all prior owners and | |||||
lienholders and all subsequent purchasers of the vehicle or persons | |||||
who acquire a security interest in the vehicle, and their | |||||
successors in interest, against any expense, loss, or damage, | |||||
including reasonable attorney's fees, occurring because of the | |||||
issuance of the [ |
|||||
defect in or undisclosed security interest on the right, title, or | |||||
interest of the applicant to the vehicle. | |||||
(d) A bond under this section expires on the third | |||||
anniversary of the date the bond became effective. [ |
|||||
|
|||||
|
|||||
|
|||||
(e) The board by rule may establish a fee to cover the cost | |||||
of administering this section. | |||||
SECTION 32. Section 501.071, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.071. SALE OF VEHICLE; TRANSFER OF TITLE. (a) | |||||
Except as provided in Section 503.039, a motor vehicle may not be | |||||
the subject of a subsequent sale unless the owner designated on [ |
|||||
the [ |
|||||
[ |
|||||
(b) The transfer of the [ |
|||||
[ |
|||||
|
|||||
(1) certifies the purchaser [ |
|||||
the vehicle; and | |||||
(2) certifies there are no liens on the vehicle or | |||||
provides a release of each lien [ |
|||||
[ |
|||||
SECTION 33. Section 520.022, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.0721, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.0721 [ |
|||||
PURCHASER OF USED MOTOR VEHICLE [ |
|||||
person, whether acting for that person or another, who sells, | |||||
trades, or otherwise transfers a used motor vehicle shall deliver | |||||
to the purchaser [ |
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
other evidence of title as required under this chapter [ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
SECTION 34. Sections 501.074(a), (b), and (c), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) The department shall issue a new [ |
|||||
for a motor vehicle registered in this state for which the ownership | |||||
is transferred by operation of law [ |
|||||
|
|||||
other involuntary divestiture of ownership after receiving: | |||||
(1) a certified copy of an [ |
|||||
temporary administrator or of the probate proceedings; | |||||
(2) letters testamentary or letters of | |||||
administration; | |||||
(3) if administration of an estate is not necessary, | |||||
an affidavit showing that administration is not necessary, | |||||
identifying all heirs, and including a statement by the heirs of the | |||||
name in which the certificate shall be issued; | |||||
(4) a court order; or | |||||
(5) the bill of sale from an officer making a judicial | |||||
sale. | |||||
(b) If a lien is foreclosed by nonjudicial means, the | |||||
department may issue a new [ |
|||||
purchaser at the foreclosure sale on receiving the affidavit of the | |||||
lienholder of the fact of the nonjudicial foreclosure. | |||||
(c) If a constitutional or statutory lien is foreclosed, the | |||||
department may issue a new [ |
|||||
purchaser at the foreclosure sale on receiving: | |||||
(1) the affidavit of the lienholder of the fact of the | |||||
creation of the lien and of the divestiture of title according to | |||||
law; and | |||||
(2) proof of notice as required by Sections 70.004 and | |||||
70.006, Property Code. | |||||
SECTION 35. Section 501.076(c), Transportation Code, is | |||||
amended to read as follows: | |||||
(c) The person named as the agent in the limited power of | |||||
attorney must meet the following requirements: | |||||
(1) the person may be a person who has been appointed | |||||
by the commissioner's court as a deputy to perform vehicle | |||||
registration functions under Section 520.0091 [ |
|||||
licensed [ |
|||||
general distinguishing number under Section 503.022, a person who | |||||
has a permit similar to one of the foregoing that is issued by the | |||||
state in which the owner is located, or another person authorized by | |||||
law to execute title documents in the state in which the owner | |||||
executes the documents; and | |||||
(2) the person may not be the transferee or an employee | |||||
of the transferee. The person may not act as the agent of both the | |||||
transferor and transferee in the transaction. For the purposes of | |||||
this section, a person is not the agent of both the transferor and | |||||
transferee in a transaction unless the person has the authority to | |||||
sign the documents pertaining to the transfer of title on behalf of | |||||
both the transferor and the transferee. | |||||
SECTION 36. Section 501.091, Transportation Code, is | |||||
amended by amending Subdivisions (2), (3), (6), (7), (8), (9), | |||||
(10), (11), (12), (14), (15), (16), (17), and (18) and adding | |||||
Subdivisions (10-a) and (16-a) to read as follows: | |||||
(2) "Casual sale" means the sale by a salvage vehicle | |||||
dealer or an insurance company of five or fewer [ |
|||||
nonrepairable motor vehicles or salvage motor vehicles to the same | |||||
person during a calendar year, but [ |
|||||
[ |
|||||
dealer, insurance company, or governmental entity [ |
|||||
[ |
|||||
|
|||||
(3) "Damage" means sudden damage to a motor vehicle | |||||
caused by the motor vehicle being wrecked, burned, flooded, or | |||||
stripped of major component parts. The term does not include: | |||||
(A) gradual damage from any cause; | |||||
(B) [ |
|||||
(C) [ |
|||||
paint of the motor vehicle; or | |||||
(D) theft, unless the motor vehicle was damaged | |||||
during the theft and before recovery. | |||||
(6) "Major component part" means one of the following | |||||
parts of a motor vehicle: | |||||
(A) the engine; | |||||
(B) the transmission; | |||||
(C) the frame; | |||||
(D) a fender; | |||||
(E) the hood; | |||||
(F) a door allowing entrance to or egress from | |||||
the passenger compartment of the motor vehicle; | |||||
(G) a bumper; | |||||
(H) a quarter panel; | |||||
(I) a deck lid, tailgate, or hatchback; | |||||
(J) the cargo box of a vehicle with a gross | |||||
vehicle weight of 10,000 pounds or less [ |
|||||
including a pickup truck; | |||||
(K) the cab of a truck; | |||||
(L) the body of a passenger motor vehicle; | |||||
(M) the roof or floor pan of a passenger motor | |||||
vehicle, if separate from the body of the motor vehicle. | |||||
(7) "Metal recycler" means a person who: | |||||
(A) is [ |
|||||
obtaining, converting, or selling ferrous or nonferrous metal [ |
|||||
|
|||||
|
|||||
consisting of prepared grades and having an existing or potential | |||||
economic value; | |||||
(B) has a facility to convert ferrous or | |||||
nonferrous metal into raw material products [ |
|||||
|
|||||
method other than the exclusive use of hand tools, including the | |||||
processing, sorting, cutting, classifying, cleaning, baling, | |||||
wrapping, shredding, shearing, or changing the physical form or | |||||
chemical content of the metal; and | |||||
(C) sells or purchases the ferrous or nonferrous | |||||
metal solely for use as raw material in the production of new | |||||
products. | |||||
(8) "Motor vehicle" has the meaning assigned by | |||||
Section 501.002 [ |
|||||
(9) "Nonrepairable motor vehicle" means a motor | |||||
vehicle that: | |||||
(A) is damaged, wrecked, or burned to the extent | |||||
that the only residual value of the vehicle is as a source of parts | |||||
or scrap metal; or | |||||
(B) comes into this state under a comparable | |||||
[ |
|||||
is nonrepairable [ |
|||||
(10) "Nonrepairable vehicle title" means a printed | |||||
document issued by the department that evidences ownership of a | |||||
nonrepairable motor vehicle. | |||||
(10-a) "Nonrepairable record of title" means an | |||||
electronic record of ownership of a nonrepairable motor vehicle. | |||||
(11) "Out-of-state buyer" means a person licensed in | |||||
an automotive business by another state or jurisdiction who is [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
to purchase salvage motor vehicles or nonrepairable motor vehicles | |||||
in this state because the other state or jurisdiction offers | |||||
reciprocity to a salvage dealer licensed in this state. | |||||
(12) "Out-of-state ownership document" means a | |||||
negotiable document issued by another state or jurisdiction that | |||||
the department considers sufficient to prove ownership of a | |||||
nonrepairable motor vehicle or salvage motor vehicle and to support | |||||
the issuance of a comparable Texas [ |
|||||
motor vehicle. The term does not include any [ |
|||||
certificate issued by the department [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(14) "Rebuilder" means a person who acquires and | |||||
repairs, rebuilds, or reconstructs for operation on a public | |||||
highway, five [ |
|||||
calendar year. | |||||
(15) "Salvage motor vehicle" [ |
|||||
[ |
|||||
(A) [ |
|||||
component part to the extent that the cost of repairs, including | |||||
parts and labor other than the cost of materials and labor for | |||||
repainting the motor vehicle and excluding sales tax on the total | |||||
cost of repairs, exceeds the actual cash value of the motor vehicle | |||||
immediately before the damage; or | |||||
(B) [ |
|||||
state under an out-of-state salvage motor vehicle [ |
|||||
title or similar out-of-state ownership document [ |
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
(16) "Salvage vehicle title" means a printed document | |||||
issued by the department that evidences ownership of a salvage | |||||
motor vehicle. | |||||
(16-a) "Salvage record of title" means an electronic | |||||
record of ownership of a salvage motor vehicle. | |||||
(17) "Salvage vehicle dealer" means a person engaged | |||||
in this state in the business of acquiring, selling, repairing, | |||||
rebuilding, reconstructing, or otherwise dealing in nonrepairable | |||||
motor vehicles, salvage motor vehicles, or, if incidental to a | |||||
salvage motor vehicle dealer's primary business, used automotive | |||||
parts regardless of whether the person holds a license issued by the | |||||
department to engage in that business. [ |
|||||
|
|||||
|
|||||
|
|||||
term includes an out-of-state buyer but does not include an | |||||
unlicensed [ |
|||||
(A) repairs, rebuilds, or reconstructs five or | |||||
fewer salvage motor vehicles or nonrepairable motor vehicles in the | |||||
same calendar year [ |
|||||
|
|||||
|
|||||
(B) buys five or fewer [ |
|||||
motor vehicles or salvage motor vehicles in the same calendar year; | |||||
or | |||||
(C) acts as a used automotive parts recycler if | |||||
the sale of repaired, rebuilt, or reconstructed nonrepairable motor | |||||
vehicles or salvage motor vehicles is more than an incidental part | |||||
of the used automotive parts recycler's business. | |||||
(18) "Self-insured motor vehicle" means a motor | |||||
vehicle for which the [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
responsibility for motor vehicle loss claims[ |
|||||
the number of motor vehicles they own or operate. The term does not | |||||
include a motor vehicle that is insured by an insurance company. | |||||
SECTION 37. Section 501.098, Transportation Code, is | |||||
redesignated as Section 501.09111, Transportation Code, and | |||||
amended to read as follows: | |||||
Sec. 501.09111 [ |
|||||
|
|||||
[ |
|||||
person who owns [ |
|||||
vehicle: | |||||
(1) is entitled to possess, transport, dismantle, | |||||
scrap, destroy, record a lien as provided for in Section | |||||
501.097(a)(3)(A), and sell, transfer, or release ownership of the | |||||
motor vehicle or a used part from the motor vehicle; and | |||||
(2) may not: | |||||
(A) operate or permit the operation of the motor | |||||
vehicle on a public highway, in addition to any other requirement of | |||||
law; | |||||
(B) repair, rebuild, or reconstruct the motor | |||||
vehicle; or | |||||
(C) register the motor vehicle. | |||||
(b) A person who holds a nonrepairable certificate of title | |||||
issued prior to September 1, 2003,[ |
|||||
[ |
|||||
Subsection (a) and may [ |
|||||
[ |
|||||
vehicle [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
(c) A person who owns [ |
|||||
|
|||||
(1) is entitled to possess, transport, dismantle, | |||||
scrap, destroy, repair, rebuild, reconstruct, record a lien on, and | |||||
sell, transfer, or release ownership of the motor vehicle or a used | |||||
part from the motor vehicle; and | |||||
(2) may not operate, register, or permit the operation | |||||
of the motor vehicle on a public highway, in addition to any other | |||||
requirement of law. | |||||
SECTION 38. Section 501.103, Transportation Code, is | |||||
redesignated as Section 501.09112, Transportation Code, and | |||||
amended to read as follows: | |||||
Sec. 501.09112 [ |
|||||
NONREPAIRABLE VEHICLE TITLE OR SALVAGE VEHICLE TITLE. (a) The | |||||
department's printed [ |
|||||
vehicle title: | |||||
(1) must [ |
|||||
|
|||||
[ |
|||||
the negotiable ownership document for a nonrepairable motor | |||||
vehicle; | |||||
(2) [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
(A) issued a regular [ |
|||||
(B) registered in this state; or | |||||
(C) repaired, rebuilt, or reconstructed; and | |||||
(3) [ |
|||||
or scrap metal. | |||||
(b) [ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
that it is the ownership document for a salvage motor vehicle. | |||||
(c) [ |
|||||
title for a vehicle that is a salvage motor vehicle because of | |||||
damage caused exclusively by flood must bear a notation [ |
|||||
|
|||||
motor vehicle reflects the notation required by this subsection, | |||||
the owner may sell, transfer, or release the motor vehicle only as | |||||
provided by this subchapter. | |||||
(d) An electronic application for a nonrepairable vehicle | |||||
title, nonrepairable record of title, salvage vehicle title, or | |||||
salvage record of title must clearly advise the applicant of the | |||||
same provisions required on a printed title. | |||||
(e) A nonrepairable vehicle title, nonrepairable record of | |||||
title, salvage vehicle title, or salvage record of title in the | |||||
department's electronic database must include appropriate remarks | |||||
so that the vehicle record clearly shows the status of the vehicle | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
SECTION 39. Section 501.101, Transportation Code, is | |||||
redesignated as Section 501.09113, Transportation Code, and | |||||
amended to read as follows: | |||||
Sec. 501.09113 [ |
|||||
SALVAGE VEHICLE [ |
|||||
|
|||||
into this state from another state or jurisdiction that has on any | |||||
[ |
|||||
document issued by the other state or jurisdiction: | |||||
(1) a "rebuilt," "salvage," or similar notation; or | |||||
(2) a "nonrepairable," "dismantle only," "parts | |||||
only," "junked," "scrapped," or similar notation. | |||||
(b) On receipt of a complete application from the owner of | |||||
the motor vehicle, the department shall issue the applicant the | |||||
appropriate [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
SECTION 40. The heading to Section 501.095, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.095. SALE, TRANSFER, OR RELEASE [ |
|||||
|
|||||
SECTION 41. Sections 501.095(a) and (b), Transportation | |||||
Code, are amended to read as follows: | |||||
(a) If the department has not issued a nonrepairable vehicle | |||||
title, nonrepairable record of title, [ |
|||||
or salvage record of title for the motor vehicle and a comparable | |||||
[ |
|||||
been issued by another state or jurisdiction, a business or | |||||
governmental entity described by Subdivisions (1)-(3) may sell, | |||||
transfer, or release a nonrepairable motor vehicle or salvage motor | |||||
vehicle only to a person who is: | |||||
(1) a licensed salvage vehicle dealer, a used | |||||
automotive parts recycler under Chapter 2309, Occupations Code, or | |||||
a metal recycler under Chapter 2302, Occupations Code; | |||||
(2) an insurance company that has paid a claim on the | |||||
nonrepairable or salvage motor vehicle; or | |||||
(3) a governmental entity[ |
|||||
[ |
|||||
(b) An owner [ |
|||||
dealer, a used automotive parts recycler, or an insurance company | |||||
licensed to do business in this state, who acquired ownership of a | |||||
nonrepairable or salvage motor vehicle that has not been issued a | |||||
nonrepairable vehicle title, nonrepairable record of title, | |||||
salvage vehicle title, salvage record of title, or a comparable | |||||
ownership document issued by another state or jurisdiction shall, | |||||
before selling the motor vehicle, surrender the properly assigned | |||||
[ |
|||||
apply to the department for the appropriate ownership document[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
SECTION 42. Section 501.097, Transportation Code, is | |||||
amended by amending Subsections (a) and (c) and adding Subsection | |||||
(c-1) to read as follows: | |||||
(a) An application for a nonrepairable vehicle title, | |||||
nonrepairable record of title, [ |
|||||
salvage record of title must: | |||||
(1) be made in [ |
|||||
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[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
(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. | |||||
(c) A printed nonrepairable vehicle title must state on its | |||||
face that the motor vehicle: | |||||
(1) may not: | |||||
(A) be repaired, rebuilt, or reconstructed; | |||||
(B) be issued a regular [ |
|||||
registered in this state; | |||||
(C) be operated on a public highway, in addition | |||||
to any other requirement of law; and | |||||
(2) may only be used as a source for used parts or | |||||
scrap metal. | |||||
(c-1) The department's titling system must include a remark | |||||
that clearly identifies the vehicle as a salvage or nonrepairable | |||||
motor vehicle. | |||||
SECTION 43. Sections 501.100(a), (b), (c), and (f), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) A vehicle for which a nonrepairable certificate of title | |||||
issued prior to September 1, 2003, or for which a salvage vehicle | |||||
title or salvage record of title has been issued may obtain [ |
|||||
|
|||||
has been repaired, rebuilt, or reconstructed [ |
|||||
|
|||||
law, only if the application [ |
|||||
|
|||||
(1) describes each major component part used to repair | |||||
the motor vehicle; | |||||
(2) states the name of each person from whom the parts | |||||
used in assembling the vehicle were obtained; and | |||||
(3) [ |
|||||
federal law to be affixed to or inscribed on the part. | |||||
(b) On receipt of a complete application under this section | |||||
accompanied by the [ |
|||||
department shall issue the applicant a regular [ |
|||||
title [ |
|||||
(c) A regular [ |
|||||
section must [ |
|||||
[ |
|||||
condition in a manner reasonably understandable to a potential | |||||
purchaser of the motor vehicle [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
(f) The department may not issue a regular [ |
|||||
title for a motor vehicle based on a: | |||||
(1) nonrepairable vehicle title or comparable | |||||
out-of-state ownership document; | |||||
(2) receipt issued under Section 501.1003(b) | |||||
[ |
|||||
(3) certificate of authority. | |||||
SECTION 44. Section 501.092, Transportation Code, is | |||||
redesignated as Section 501.1001, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.1001 [ |
|||||
|
|||||
NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR | |||||
SELF-INSURED PERSONS. (a) An insurance company that is licensed to | |||||
conduct business in this state and that acquires, through payment | |||||
of a claim, ownership or possession of a salvage motor vehicle or | |||||
nonrepairable motor vehicle covered by a [ |
|||||
issued by this state or a manufacturer's certificate of origin | |||||
shall surrender a properly assigned title or manufacturer's | |||||
certificate of origin to the department, in [ |
|||||
prescribed by the department, except that not earlier than the 31st | |||||
[ |
|||||
company may surrender a [ |
|||||
[ |
|||||
[ |
|||||
title without obtaining a properly assigned [ |
|||||
if the insurance company: | |||||
(1) has obtained the release of all liens on the motor | |||||
vehicle; | |||||
(2) is unable to locate one or more owners of the motor | |||||
vehicle; and | |||||
(3) has provided notice to the last known address in | |||||
the department's records to each owner that has not been located: | |||||
(A) by registered or certified mail, return | |||||
receipt requested; or | |||||
(B) if a notice sent under Paragraph (A) is | |||||
returned unclaimed, by publication in a newspaper of general | |||||
circulation in the area where the unclaimed mail notice was sent. | |||||
(b) For a salvage motor vehicle, the insurance company shall | |||||
apply for a salvage vehicle title or salvage record of title. For a | |||||
nonrepairable motor vehicle, the insurance company shall apply for | |||||
a nonrepairable vehicle title or nonrepairable record of title. | |||||
(c) [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
ownership of a motor vehicle other than a nonrepairable or salvage | |||||
motor vehicle may voluntarily and on proper application obtain a | |||||
salvage vehicle title, salvage record of title, [ |
|||||
nonrepairable vehicle title, or nonrepairable record of title for | |||||
the vehicle. | |||||
(d) This section applies only to a motor vehicle in this | |||||
state that is: | |||||
(1) a self-insured motor vehicle; and | |||||
(2) damaged to the extent it becomes a nonrepairable | |||||
or salvage motor vehicle. | |||||
(e) The owner of a motor vehicle to which this section | |||||
applies shall submit to the department before the 31st business day | |||||
after the date of the damage, in a manner prescribed by the | |||||
department, a statement that the motor vehicle was self-insured and | |||||
damaged. | |||||
(f) When the owner submits a statement under Subsection (e), | |||||
the owner shall surrender the ownership document and apply for a | |||||
nonrepairable vehicle title, nonrepairable record of title, | |||||
salvage vehicle title, or salvage record of title. | |||||
SECTION 45. Section 501.093, Transportation Code, is | |||||
redesignated as Section 501.1002, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.1002 [ |
|||||
|
|||||
claim on a nonrepairable motor vehicle or salvage motor vehicle and | |||||
the insurance company does not acquire ownership of the motor | |||||
vehicle, the insurance company shall: | |||||
(1) apply for a nonrepairable vehicle title, | |||||
nonrepairable record of title, salvage vehicle title, or salvage | |||||
record of title; or | |||||
(2) notify the owner of the information contained in: | |||||
(A) Subsection (b); or | |||||
(B) Section 501.09111; and | |||||
(3) submit to the department, before the 31st day | |||||
after the date of the payment of the claim, in a manner [ |
|||||
|
|||||
insurance company: | |||||
(A) [ |
|||||
and | |||||
(B) [ |
|||||
vehicle. | |||||
(b) The owner of a motor vehicle to which this section | |||||
applies may not operate or permit operation of the motor vehicle on | |||||
a public highway or transfer ownership of the motor vehicle by sale | |||||
or otherwise unless the department has issued a salvage vehicle | |||||
title, salvage record of title, [ |
|||||
or nonrepairable record of title for the motor vehicle or a | |||||
comparable ownership document has been issued by another state or | |||||
jurisdiction for the motor vehicle. | |||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
SECTION 46. Section 501.096, Transportation Code, is | |||||
redesignated as Section 501.1003, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.1003 [ |
|||||
SALVAGE DEALER RESPONSIBILITIES [ |
|||||
|
|||||
ownership of a nonrepairable motor vehicle or salvage motor vehicle | |||||
for the purpose of dismantling, scrapping, or destroying the motor | |||||
vehicle, the dealer shall, before the 31st day after the date the | |||||
dealer acquires the motor vehicle, submit to the department a | |||||
report stating that the motor vehicle will be dismantled, scrapped, | |||||
or destroyed. The dealer shall: | |||||
(1) make the report in a manner [ |
|||||
by the department; and | |||||
(2) submit with the report a properly assigned | |||||
manufacturer's certificate of origin, regular certificate of | |||||
title, nonrepairable vehicle title, salvage vehicle title, or | |||||
comparable out-of-state ownership document for the motor vehicle. | |||||
(b) After receiving the report and title or document, the | |||||
department shall issue the salvage vehicle dealer a receipt for the | |||||
manufacturer's certificate of origin, regular certificate of | |||||
title, nonrepairable vehicle title, salvage vehicle title, or | |||||
comparable out-of-state ownership document. | |||||
(c) The department shall adopt rules to notify the salvage | |||||
[ |
|||||
has a record of title in the department's titling system [ |
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
SECTION 47. Section 501.104, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.104. REBUILDER TO POSSESS TITLE OR OTHER | |||||
DOCUMENTATION. (a) This section applies [ |
|||||
[ |
|||||
[ |
|||||
reconstructing three or fewer motor vehicles [ |
|||||
|
|||||
in that business [ |
|||||
[ |
|||||
|
|||||
|
|||||
(b) A person described by Subsection (a) must possess: | |||||
(1) an acceptable [ |
|||||
|
|||||
|
|||||
motor vehicle that is: | |||||
(A) owned by the person; | |||||
(B) in the person's inventory; and | |||||
(C) being offered for resale; or | |||||
(2) a contract entered into with the owner, a work | |||||
order, or another document that shows the authority for the person | |||||
to possess any motor vehicle that is: | |||||
(A) owned by another person; | |||||
(B) on the person's business or casual premises; | |||||
and | |||||
(C) being repaired, rebuilt, or reconstructed | |||||
for the other person. | |||||
SECTION 48. Section 501.105, Transportation Code, is | |||||
redesignated as Section 501.108, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.108 [ |
|||||
|
|||||
vehicle dealer, used automotive parts recycler, or insurance | |||||
company that sells a nonrepairable motor vehicle or a salvage motor | |||||
vehicle at a casual sale shall keep on the business premises of the | |||||
dealer or the insurance company a list of all casual sales made | |||||
during the preceding 36-month period that contains: | |||||
(1) the date of the sale; | |||||
(2) the name of the purchaser; | |||||
(3) the name of the jurisdiction that issued the | |||||
identification document provided by the purchaser, as shown on the | |||||
document; and | |||||
(4) the vehicle identification number. | |||||
(b) A salvage vehicle dealer or used automotive parts | |||||
recycler shall keep on the business premises of the dealer or | |||||
recycler, until the third anniversary of the date the report on the | |||||
motor vehicle is submitted to the department, a record of the | |||||
vehicle, its ownership, and its condition as dismantled, scrapped, | |||||
or destroyed. | |||||
SECTION 49. Section 501.102, Transportation Code, is | |||||
redesignated as Section 501.109, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.109 [ |
|||||
offense if the person: | |||||
(1) applies to the department for a regular | |||||
[ |
|||||
(2) knows or reasonably should know that: | |||||
(A) the vehicle is a nonrepairable motor vehicle | |||||
that has been repaired, rebuilt, or reconstructed; | |||||
(B) the vehicle identification number assigned | |||||
to the motor vehicle belongs to a nonrepairable motor vehicle that | |||||
has been repaired, rebuilt, or reconstructed; | |||||
(C) the title issued to the motor vehicle belongs | |||||
to a nonrepairable motor vehicle that has been repaired, rebuilt, | |||||
or reconstructed; or | |||||
(D) [ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
vehicle or salvage motor vehicle for which a nonrepairable vehicle | |||||
title, salvage vehicle title, or comparable ownership document | |||||
issued by another state or jurisdiction has not been issued. | |||||
(b) A person commits an offense if the person knowingly | |||||
sells, transfers, or releases a salvage motor vehicle in violation | |||||
of this subchapter. | |||||
(c) A person commits an offense if the person knowingly | |||||
fails or refuses to surrender a regular certificate of title after | |||||
the person: | |||||
(1) receives a notice from an insurance company that | |||||
the motor vehicle is a nonrepairable or salvage motor vehicle; or | |||||
(2) knows the vehicle has become a nonrepairable motor | |||||
vehicle or salvage motor vehicle under Section 501.1001 [ |
|||||
(d) Except as provided by Subsection (e), an offense under | |||||
this section is a Class C misdemeanor. | |||||
(e) If it is shown on the trial of an offense under this | |||||
section that the defendant has been previously convicted of: | |||||
(1) one offense under this section, the offense is a | |||||
Class B misdemeanor; or | |||||
(2) two or more offenses under this section, the | |||||
offense is a state jail felony. | |||||
SECTION 50. Section 501.106, Transportation Code, is | |||||
redesignated as Section 501.110, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.110 [ |
|||||
This subchapter shall be enforced by the department and any other | |||||
governmental or law enforcement entity, including the Department of | |||||
Public Safety, and the personnel of the entity as provided by this | |||||
subchapter. | |||||
(b) The department, an agent, officer, or employee of the | |||||
department, or another person enforcing this subchapter is not | |||||
liable to a person damaged or injured by an act or omission relating | |||||
to the issuance or revocation of a [ |
|||||
nonrepairable vehicle title, nonrepairable record of title, [ |
|||||
salvage vehicle title, or salvage record of title under this | |||||
subchapter. | |||||
SECTION 51. Section 501.111(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) Except as provided by Subsection (b), a person may | |||||
perfect a security interest in a motor vehicle that is the subject | |||||
of a first or subsequent sale only by recording the security | |||||
interest on the [ |
|||||
SECTION 52. Section 501.113, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.113. RECORDATION OF SECURITY INTEREST. (a) | |||||
Recordation of a lien under this chapter is considered to occur when | |||||
the department's titling system is updated or the department | |||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
the lien with the filing fee. | |||||
(b) For purposes of Chapter 9, Business & Commerce Code, the | |||||
time of recording a lien under this chapter is considered to be the | |||||
time of filing the security interest, and on such recordation, the | |||||
recorded lienholder and assignees under Section 501.114 obtain | |||||
priority over the rights of a lien creditor, as defined by Section | |||||
9.102, Business & Commerce Code, for so long as the lien is recorded | |||||
on the [ |
|||||
SECTION 53. Sections 501.114(b), (d), (e), (f), and (g), | |||||
Transportation Code, are amended to read as follows: | |||||
(b) An assignee or assignor may, but need not to retain the | |||||
validity, perfection, and priority of the lien assigned, as | |||||
evidence of the assignment of a lien recorded under Section | |||||
501.113: | |||||
(1) apply to the department [ |
|||||
|
|||||
the [ |
|||||
(2) notify the debtor of the assignment. | |||||
(d) An application under Subsection (b) must be | |||||
acknowledged[ |
|||||
[ |
|||||
[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
(e) On receipt of the completed application and fee, the | |||||
department may: | |||||
(1) [ |
|||||
the assignee for the recorded lienholder; and | |||||
(2) [ |
|||||
provided by this chapter [ |
|||||
(f) The issuance of a [ |
|||||
Subsection (e) is recordation of the assignment. | |||||
(g) Regardless of whether application is made for the | |||||
assignee to be named as lienholder on the [ |
|||||
the time of the recordation of a lien assigned under this section is | |||||
considered to be the time the lien was initially recorded under | |||||
Section 501.113. | |||||
SECTION 54. Section 501.115, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.115. DISCHARGE OF LIEN. (a) When a debt or claim | |||||
secured by a lien has been satisfied, the lienholder shall, within a | |||||
reasonable time not to exceed the maximum time allowed by Section | |||||
348.408, Finance Code, execute and deliver to the owner, or the | |||||
owner's designee, a discharge of the lien in [ |
|||||
prescribed by the department. | |||||
(b) The owner may submit [ |
|||||
[ |
|||||
|
|||||
|
|||||
SECTION 55. Section 501.116, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.116. CANCELLATION OF DISCHARGED LIEN. The | |||||
department may cancel a discharged lien that has been recorded on a | |||||
[ |
|||||
lienholder: | |||||
(1) does not exist; or | |||||
(2) cannot be located for the owner to obtain a release | |||||
of the lien. | |||||
SECTION 56. Sections 501.134(a), (b), (c), (d), (g), and | |||||
(i), Transportation Code, are amended to read as follows: | |||||
(a) If a printed [ |
|||||
destroyed, the owner or lienholder disclosed on the title | |||||
[ |
|||||
and department rule, a certified copy of the lost or destroyed | |||||
[ |
|||||
[ |
|||||
of $2. A fee collected under this subsection shall be deposited to | |||||
the credit of the state highway fund and may be spent only as | |||||
provided by Section 501.138. | |||||
(b) If a lien is disclosed on a [ |
|||||
department may issue a certified copy of the original [ |
|||||
|
|||||
agent. | |||||
(c) The department must plainly mark "certified copy" on the | |||||
face of a certified copy issued under this section [ |
|||||
|
|||||
|
|||||
the vehicle only acquires the rights, title, or interest in the | |||||
vehicle held by the holder of the certified copy. | |||||
(d) A purchaser or lienholder of a motor vehicle having a | |||||
certified copy issued under this section may at the time of the | |||||
purchase or establishment of the lien require that the seller or | |||||
owner indemnify the purchaser or lienholder and all subsequent | |||||
purchasers of the vehicle against any loss the person may suffer | |||||
because of a claim presented on the original [ |
|||||
title. | |||||
(g) The department may issue a certified copy of a | |||||
[ |
|||||
|
|||||
(1) is the registered owner of the vehicle, the holder | |||||
of a recorded lien against the vehicle, or a verified agent of the | |||||
owner or lienholder; and | |||||
(2) submits personal identification as required by | |||||
department rule[ |
|||||
|
|||||
(i) An applicant who may be issued a title by operation of | |||||
law under Section 501.074 may apply for a certified copy. The | |||||
department may establish acceptable identification requirements | |||||
for applicants under this subsection. [ |
|||||
|
|||||
|
|||||
|
|||||
SECTION 57. Section 501.135(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall: | |||||
(1) make a record of each report to the department that | |||||
a motor vehicle registered in this state has been stolen or | |||||
concealed in violation of Section 32.33, Penal Code; and | |||||
(2) note the fact of the report in the department's | |||||
records [ |
|||||
SECTION 58. Sections 501.138(a), (b), and (b-1), | |||||
Transportation Code, are amended to read as follows: | |||||
(a) An applicant for a [ |
|||||
the state or a political subdivision of the state, must pay [ |
|||||
|
|||||
(1) $33 if the applicant's residence is a county | |||||
located within a nonattainment area as defined under Section 107(d) | |||||
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, | |||||
or is an affected county, as defined by Section 386.001, Health and | |||||
Safety Code; or | |||||
(2) $28 if the applicant's residence is any other | |||||
county. | |||||
(b) The fees [ |
|||||
distributed as follows [ |
|||||
(1) $5 of the fee to the county treasurer for deposit | |||||
in the officers' salary fund; | |||||
(2) $8 of the fee to the department: | |||||
(A) together with the application within the time | |||||
prescribed by Section 501.023; or | |||||
(B) if the fee is deposited in an | |||||
interest-bearing account or certificate in the county depository or | |||||
invested in an investment authorized by Subchapter A, Chapter 2256, | |||||
Government Code, not later than the 35th day after the date on which | |||||
the fee is received; and | |||||
(3) the following amount to the comptroller at the | |||||
time and in the manner prescribed by the comptroller: | |||||
(A) $20 of the fee if the applicant's residence | |||||
is a county located within a nonattainment area as defined under | |||||
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section | |||||
7407), as amended, or is an affected county, as defined by Section | |||||
386.001, Health and Safety Code; or | |||||
(B) $15 of the fee if the applicant's residence | |||||
is any other county. | |||||
(b-1) Fees collected under Subsection (b) to be sent to the | |||||
comptroller shall be deposited [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
the Texas Mobility Fund, except that $5 of each fee imposed under | |||||
Subsection (a)(1) and deposited on or after September 1, 2008, and | |||||
before September 1, 2015, shall be deposited to the credit of the | |||||
Texas emissions reduction plan fund. | |||||
SECTION 59. Section 520.031, Transportation Code, as | |||||
amended by Chapters 836 (H.B. 1743) and 1423 (H.B. 2409), Acts of | |||||
the 76th Legislature, Regular Session, 1999, is transferred to | |||||
Subchapter H, Chapter 501, Transportation Code, redesignated as | |||||
Section 501.145, Transportation Code, and reenacted and amended to | |||||
read as follows: | |||||
Sec. 501.145 [ |
|||||
APPLICATION FOR TRANSFER OF TITLE [ |
|||||
later than the later of the 30th [ |
|||||
of assignment on [ |
|||||
Section 152.069, Tax Code [ |
|||||
purchaser [ |
|||||
the county assessor-collector: | |||||
(1) [ |
|||||
or other evidence of title; or | |||||
(2) if appropriate, a document described by Section | |||||
502.457 [ |
|||||
other evidence of ownership [ |
|||||
(b) The filing under Subsection (a) is an application for | |||||
transfer of title as required under this chapter [ |
|||||
[ |
|||||
the registration of the motor vehicle. | |||||
(c) [ |
|||||
|
|||||
|
|||||
[ |
|||||
[ |
|||||
member of the Texas National Guard or of the National Guard of | |||||
another state serving on active duty under an order of the president | |||||
of the United States, or a member of a reserve component of the | |||||
armed forces of the United States serving on active duty under an | |||||
order of the president of the United States, the documents | |||||
described by Subsection (a) must be filed with the county | |||||
assessor-collector not later than the 60th [ |
|||||
date of assignment of ownership [ |
|||||
SECTION 60. Section 520.032, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.146, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.146 [ |
|||||
(a) [ |
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
application for the transfer of title during the period provided by | |||||
Section 501.145 [ |
|||||
a late fee to be paid to the county assessor-collector when the | |||||
application is filed. If the seller [ |
|||||
distinguishing number issued under Chapter 503 of this code or | |||||
Chapter 2301, Occupations Code, the seller is liable for the late | |||||
fee in the amount of [ |
|||||
[ |
|||||
to Subsection (b) [ |
|||||
(b) [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
an additional penalty in the amount of $25 for each subsequent | |||||
30-day period, or portion of a 30-day period, in which the | |||||
application is not filed. | |||||
(c) [ |
|||||
|
|||||
|
|||||
[ |
|||||
the motor vehicle is eligible to be issued: | |||||
(1) classic vehicle license plates under Section | |||||
504.501; or | |||||
(2) antique vehicle license plates under Section | |||||
504.502. | |||||
SECTION 61. Section 520.023, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.147, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.147 [ |
|||||
|
|||||
a written notice of transfer from the seller [ |
|||||
vehicle, the department shall indicate the transfer on the motor | |||||
vehicle records maintained by the department. As an alternative to | |||||
a written notice of transfer, the department shall establish | |||||
procedures that permit the seller [ |
|||||
to electronically submit a notice of transfer to the department | |||||
through the department's Internet website. A notice of transfer | |||||
provided through the department's Internet website is not required | |||||
to bear the signature of the seller [ |
|||||
of signing. | |||||
(b) [ |
|||||
|
|||||
The notice of transfer [ |
|||||
and must include a place for the seller [ |
|||||
(1) a complete description of the vehicle as | |||||
prescribed by the department [ |
|||||
|
|||||
(2) [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
(3) [ |
|||||
[ |
|||||
(4) [ |
|||||
possession of the vehicle to the purchaser [ |
|||||
(5) [ |
|||||
and | |||||
(6) [ |
|||||
form. | |||||
(c) This subsection applies only if the department receives | |||||
notice under Subsection (a) before the 30th day after the date the | |||||
seller [ |
|||||
purchaser or in accordance with Section 152.069, Tax Code | |||||
[ |
|||||
on the records of the department, the purchaser [ |
|||||
vehicle shown on the records is rebuttably presumed to be: | |||||
(1) the owner of the vehicle; and | |||||
(2) subject to civil and criminal liability arising | |||||
out of the use, operation, or abandonment of the vehicle, to the | |||||
extent that ownership of the vehicle subjects the owner of the | |||||
vehicle to criminal or civil liability under another provision of | |||||
law. | |||||
(d) The department may adopt[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
(e) This section does not impose or establish civil or | |||||
criminal liability on the owner of a motor vehicle who transfers | |||||
ownership of the vehicle but does not disclose the transfer to the | |||||
department. | |||||
(f) [ |
|||||
|
|||||
|
|||||
[ |
|||||
purchaser [ |
|||||
assessor-collector as provided by this chapter [ |
|||||
(g) A transferor who files the appropriate form with the | |||||
department as provided by, and in accordance with, this section, | |||||
whether that form is a part of a [ |
|||||
otherwise promulgated by the department to comply with the terms of | |||||
this section, has no vicarious civil or criminal liability arising | |||||
out of the use, operation, or abandonment of the vehicle by another | |||||
person. Proof by the transferor that the transferor filed a form | |||||
under this section is a complete defense to an action brought | |||||
against the transferor for an act or omission, civil or criminal, | |||||
arising out of the use, operation, or abandonment of the vehicle by | |||||
another person after the transferor filed the form. A copy of the | |||||
form filed under this section is proof of the filing of the form. | |||||
SECTION 62. Section 520.033, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.148, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.148 [ |
|||||
county assessor-collector may retain as commission for services | |||||
provided under this subchapter [ |
|||||
|
|||||
|
|||||
(b) The county assessor-collector shall report and remit | |||||
the balance of the fees collected to the department on Monday of | |||||
each week as other [ |
|||||
and remitted. | |||||
(c) Of each late fee collected from a person who does not | |||||
hold a general distinguishing number by [ |
|||||
[ |
|||||
statewide public awareness campaign designed to inform and educate | |||||
the public about the provisions of this chapter. | |||||
SECTION 63. Section 501.152(b), Transportation Code, is | |||||
amended to read as follows: | |||||
(b) It is not a violation of this section for the beneficial | |||||
owner of a vehicle to sell or offer to sell a vehicle without having | |||||
possession of the [ |
|||||
reason he or she does not have possession of the [ |
|||||
title is that the title is in the possession of a lienholder who has | |||||
not complied with the terms of Section 501.115(a) [ |
|||||
SECTION 64. Section 501.153, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.153. APPLICATION FOR TITLE FOR STOLEN OR CONCEALED | |||||
VEHICLE. A person commits an offense if the person applies for a | |||||
[ |
|||||
stolen or concealed in violation of Section 32.33, Penal Code. | |||||
SECTION 65. Section 501.154, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 501.154. ALTERATION OF CERTIFICATE OR RECEIPT. A | |||||
person commits an offense if the person alters a manufacturer's [ |
|||||
|
|||||
title. | |||||
SECTION 66. Section 501.155(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) A person commits an offense if the person knowingly | |||||
provides false or incorrect information or without legal authority | |||||
signs the name of another person on: | |||||
(1) an application for a [ |
|||||
(2) an application for a certified copy of an original | |||||
[ |
|||||
(3) an assignment of title for a motor vehicle; | |||||
(4) a discharge of a lien on a title for a motor | |||||
vehicle; or | |||||
(5) any other document required by the department or | |||||
necessary to the transfer of ownership of a motor vehicle. | |||||
SECTION 67. The heading to Section 501.158, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 501.158. SEIZURE OF STOLEN VEHICLE OR VEHICLE WITH | |||||
ALTERED VEHICLE IDENTIFICATION [ |
|||||
SECTION 68. Section 520.035, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 501, Transportation Code, | |||||
redesignated as Section 501.161, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 501.161 [ |
|||||
PENALTY. (a) A person who transfers a motor vehicle in this state | |||||
shall complete [ |
|||||
transfer all documents relating to the transfer of registration or | |||||
[ |
|||||
offense if the person fails to execute the documents in full. | |||||
(b) A person commits an offense if the person: | |||||
(1) accepts a document described by Subsection (a) | |||||
that does not contain all of the required information; or | |||||
(2) alters or mutilates such a document. | |||||
(c) An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $50 and not more than $200. | |||||
SECTION 69. Subchapter H, Chapter 501, Transportation Code, | |||||
is amended by adding Sections 501.162 and 501.163 to read as | |||||
follows: | |||||
Sec. 501.162. MOTOR NUMBER REQUIRED FOR REGISTRATION; | |||||
PENALTY. A person commits an offense if the person violates Section | |||||
501.0331. An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $50 and not more than $100. | |||||
Sec. 501.163. APPLICATION FOR MOTOR NUMBER RECORD; PENALTY. | |||||
A person who fails to comply with Section 501.0332 commits an | |||||
offense. An offense under this section is a misdemeanor punishable | |||||
by a fine of not less than $10 and not more than $100. | |||||
SECTION 70. Chapter 501, Transportation Code, is amended by | |||||
adding Subchapter I to read as follows: | |||||
SUBCHAPTER I. ELECTRONIC TITLING SYSTEM | |||||
Sec. 501.171. APPLICATION OF SUBCHAPTER. This subchapter | |||||
applies only if the department implements a titling system under | |||||
Section 501.173. | |||||
Sec. 501.172. DEFINITIONS. In this subchapter: | |||||
(1) "Document" means information that is inscribed on | |||||
a tangible medium or that is stored in an electronic or other medium | |||||
and is retrievable in perceivable form. | |||||
(2) "Electronic" means relating to technology having | |||||
electrical, digital, magnetic, wireless, optical, electromagnetic, | |||||
or similar capabilities. | |||||
(3) "Electronic document" means a document that is in | |||||
an electronic form. | |||||
(4) "Electronic signature" means an electronic sound, | |||||
symbol, or process attached to or logically associated with a | |||||
document and executed or adopted by a person with the intent to sign | |||||
the document. | |||||
(5) "Paper document" means a document that is in | |||||
printed form. | |||||
Sec. 501.173. ELECTRONIC TITLING SYSTEM. (a) The board by | |||||
rule may implement an electronic titling system. | |||||
(b) A record of title maintained electronically by the | |||||
department in the titling system is the official record of vehicle | |||||
ownership unless the owner requests that the department issue a | |||||
printed title. | |||||
Sec. 501.174. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If | |||||
this chapter requires that a document be an original, be on paper or | |||||
another tangible medium, or be in writing, the requirement is met by | |||||
an electronic document that complies with this subchapter. | |||||
(b) If a law requires that a document be signed, the | |||||
requirement is satisfied by an electronic signature. | |||||
(c) A requirement that a document or a signature associated | |||||
with a document be notarized, acknowledged, verified, witnessed, or | |||||
made under oath is satisfied if the electronic signature of the | |||||
person authorized to perform that act, and all other information | |||||
required to be included, is attached to or logically associated | |||||
with the document or signature. A physical or electronic image of a | |||||
stamp, impression, or seal is not required to accompany an | |||||
electronic signature. | |||||
Sec. 501.175. RECORDING OF DOCUMENTS. (a) Under the | |||||
titling system, the department may: | |||||
(1) receive, index, store, archive, and transmit | |||||
electronic documents; | |||||
(2) provide for access to, and for search and | |||||
retrieval of, documents and information by electronic means; and | |||||
(3) convert into electronic form: | |||||
(A) paper documents that it accepts for the | |||||
titling of a motor vehicle; and | |||||
(B) information recorded and documents that were | |||||
accepted for the titling of a motor vehicle before the titling | |||||
system was implemented. | |||||
(b) The department shall continue to accept paper documents | |||||
after the titling system is implemented. | |||||
Sec. 501.176. PAYMENT OF FEES BY ELECTRONIC FUNDS TRANSFER | |||||
OR CREDIT CARD. (a) The department may accept payment by | |||||
electronic funds transfer, credit card, or debit card of any title | |||||
or registration fee that the department is required or authorized | |||||
to collect under this chapter. | |||||
(b) The department may collect a fee for processing a title | |||||
or registration payment by electronic funds transfer, credit card, | |||||
or debit card. The amount of the fee must be reasonably related to | |||||
the expense incurred by the department in processing the payment by | |||||
electronic funds transfer, credit card, or debit card and may not be | |||||
more than five percent of the amount of the fee being paid. | |||||
(c) In addition to the fee authorized by Subsection (b), the | |||||
department may collect from a person making payment by electronic | |||||
funds transfer, credit card, or debit card an amount equal to the | |||||
amount of any transaction fee charged to the department by a vendor | |||||
providing services in connection with payments made by electronic | |||||
funds transfer, credit card, or debit card. The limitation | |||||
prescribed by Subsection (b) on the amount of a fee does not apply | |||||
to a fee collected under this subsection. | |||||
Sec. 501.177. SERVICE CHARGE. If, for any reason, the | |||||
payment of a fee under this chapter by electronic funds transfer, | |||||
credit card, or debit card is not honored by the funding | |||||
institution, or by the electronic funds transfer, credit card, or | |||||
debit card company on which the funds are drawn, the department may | |||||
collect from the person who owes the fee being collected a service | |||||
charge that is for the collection of that original amount and is in | |||||
addition to the original fee. The amount of the service charge must | |||||
be reasonably related to the expense incurred by the department in | |||||
collecting the original amount. | |||||
Sec. 501.178. DISPOSITION OF FEES. All fees collected | |||||
under this subchapter shall be deposited to the credit of the state | |||||
highway fund. | |||||
Sec. 501.179. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL | |||||
AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and | |||||
supersedes the federal Electronic Signatures in Global and National | |||||
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, | |||||
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section | |||||
7001(c)) or authorize electronic delivery of any of the notices | |||||
described in Section 103(b) of that Act (15 U.S.C. Section | |||||
7003(b)). | |||||
SECTION 71. Section 502.001, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 502.001. DEFINITIONS. In this chapter: | |||||
(1) "All-terrain vehicle" means a motor vehicle that | |||||
is: | |||||
(A) equipped with a saddle for the use of: | |||||
(i) the rider; and | |||||
(ii) a passenger, if the motor vehicle is | |||||
designed by the manufacturer to transport a passenger; | |||||
(B) designed to propel itself with three or more | |||||
tires in contact with the ground; and | |||||
(C) designed by the manufacturer for off-highway | |||||
use[ |
|||||
[ |
|||||
|
|||||
(2) "Apportioned license plate" means a license plate | |||||
issued in lieu of a truck license plate or combination license plate | |||||
to a motor carrier in this state who proportionally registers a | |||||
vehicle owned by the carrier in one or more other states. | |||||
(3) [ |
|||||
Department of Motor Vehicles. | |||||
(4) "Combination license plate" means a license plate | |||||
issued for a truck or truck-tractor that is used or intended to be | |||||
used in combination with a semitrailer that has a gross weight of | |||||
more than 6,000 pounds. | |||||
(5) "Combined gross weight" means the empty weight of | |||||
the truck-tractor or commercial motor vehicle combined with the | |||||
empty weight of the heaviest semitrailer used or to be used in | |||||
combination with the truck-tractor or commercial motor vehicle plus | |||||
the heaviest net load to be carried on the combination during the | |||||
registration year. | |||||
(6) [ |
|||||
least 25 nonapportioned motor vehicles or trailers owned, operated, | |||||
or leased by a corporation, limited or general partnership, limited | |||||
liability company, or other business entity and used for the | |||||
business purposes of that entity. | |||||
(7) [ |
|||||
commercial motor vehicle as defined by Section 644.001[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(8) "Construction machinery" means a vehicle that: | |||||
(A) is used for construction; | |||||
(B) is built from the ground up; | |||||
(C) is not mounted or affixed to another vehicle | |||||
such as a trailer; | |||||
(D) was originally and permanently designed as | |||||
machinery; | |||||
(E) was not in any way originally designed to | |||||
transport persons or property; and | |||||
(F) does not carry a load, including fuel. | |||||
(9) "Credit card" has the meaning assigned by Section | |||||
501.002. | |||||
(10) "Debit card" has the meaning assigned by Section | |||||
501.002. | |||||
(11) [ |
|||||
Motor Vehicles. | |||||
(12) "Electric bicycle" has the meaning assigned by | |||||
Section 541.201. | |||||
(13) "Electric personal assistive mobility device" | |||||
has the meaning assigned by Section 551.201. | |||||
(14) "Empty weight" means the unladen weight of a | |||||
truck-tractor or commercial motor vehicle and semitrailer | |||||
combination fully equipped, as certified by a public weigher or | |||||
license and weight inspector of the Department of Public Safety. | |||||
(15) [ |
|||||
a vehicle [ |
|||||
vehicle. | |||||
(16) [ |
|||||
Section 541.201 [ |
|||||
|
|||||
(17) "Forestry vehicle" [ |
|||||
vehicle [ |
|||||
forest products in their natural state, including logs, debarked | |||||
logs, untreated ties, stave bolts, plywood bolts, pulpwood billets, | |||||
wood chips, stumps, sawdust, moss, bark, and wood shavings, and | |||||
property used in production of those products [ |
|||||
|
|||||
(18) [ |
|||||
by the manufacturer primarily for use [ |
|||||
golf course. | |||||
(19) "Gross vehicle weight" has the meaning assigned | |||||
by Section 541.401. | |||||
(20) [ |
|||||
assigned by Section 541.201 [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(21) [ |
|||||
Section 541.201 [ |
|||||
|
|||||
(22) [ |
|||||
Section 541.201. | |||||
(23) [ |
|||||
transport persons on the public highways for compensation, other | |||||
than: | |||||
(A) a vehicle operated by muscular power; or | |||||
(B) a municipal bus. | |||||
(24) [ |
|||||
Section 521.001 or 541.201, as applicable [ |
|||||
|
|||||
|
|||||
(25) [ |
|||||
self-propelled. | |||||
(26) "Motorized mobility device" has the meaning | |||||
assigned by Section 542.009. | |||||
(27) [ |
|||||
other than a passenger car, used to transport persons for | |||||
compensation exclusively within the limits of a municipality or a | |||||
suburban addition to the municipality. | |||||
(28) "Net carrying capacity" means the heaviest net | |||||
load that is able to be carried on a vehicle, but not less than the | |||||
manufacturer's rated carrying capacity. | |||||
(29) "Oil well servicing, cleanout, or drilling | |||||
machinery": | |||||
(A) has the meaning assigned by Section 623.149; | |||||
or | |||||
(B) means a mobile crane: | |||||
(i) that is an unladen, self-propelled | |||||
vehicle constructed as a machine and used solely to raise, shift, or | |||||
lower heavy weights by means of a projecting, swinging mast with an | |||||
engine for power on a chassis permanently constructed or assembled | |||||
for that purpose; and | |||||
(ii) for which the owner has secured a | |||||
permit from the department under Section 623.142. | |||||
(30) [ |
|||||
means to travel between: | |||||
(A) different farms; | |||||
(B) a place of supply or storage and a farm; or | |||||
(C) an owner's farm and the place at which the | |||||
owner's farm produce is prepared for market or is marketed. | |||||
(31) [ |
|||||
Section 501.002 [ |
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
(32) [ |
|||||
by Section 541.201 [ |
|||||
|
|||||
|
|||||
(33) "Power sweeper" means an implement, with or | |||||
without motive power, designed for the removal by a broom, vacuum, | |||||
or regenerative air system of debris, dirt, gravel, litter, or sand | |||||
from asphaltic concrete or cement concrete surfaces, including | |||||
surfaces of parking lots, roads, streets, highways, and warehouse | |||||
floors. The term includes a vehicle on which the implement is | |||||
permanently mounted if the vehicle is used only as a power sweeper. | |||||
(34) "Private bus" means a bus that: | |||||
(A) is not operated for hire; and | |||||
(B) is not a municipal bus or a motor bus. | |||||
(35) [ |
|||||
way, thoroughfare, or bridge: | |||||
(A) that is in this state; | |||||
(B) that is for the use of vehicles; | |||||
(C) that is not privately owned or controlled; | |||||
and | |||||
(D) over which the state has legislative | |||||
jurisdiction under its police power. | |||||
(36) [ |
|||||
leased by this state or a political subdivision of this state. | |||||
(37) [ |
|||||
means a motor vehicle that is: | |||||
(A) equipped with a non-straddle seat for the use | |||||
of: | |||||
(i) the rider; and | |||||
(ii) a passenger, if the vehicle is | |||||
designed by the manufacturer to transport a passenger; | |||||
(B) designed to propel itself with four or more | |||||
tires in contact with the ground; | |||||
(C) designed by the manufacturer for off-highway | |||||
use by the operator only; and | |||||
(D) not designed by the manufacturer primarily | |||||
for farming or lawn care. | |||||
(38) [ |
|||||
for the purpose of mowing the right-of-way of a public highway or a | |||||
motor vehicle designed or used for drawing another vehicle or a load | |||||
and not constructed to carry: | |||||
(A) an independent load; or | |||||
(B) a part of the weight of the vehicle and load | |||||
to be drawn. | |||||
(39) [ |
|||||
used with a motor vehicle so that part of the weight of the vehicle | |||||
and its load rests on or is carried by another vehicle. | |||||
(40) "Token trailer" means a semitrailer that: | |||||
(A) has a gross weight of more than 6,000 pounds; | |||||
and | |||||
(B) is operated in combination with a truck or a | |||||
truck-tractor that has been issued: | |||||
(i) an apportioned license plate; | |||||
(ii) a combination license plate; or | |||||
(iii) a forestry vehicle license plate. | |||||
(41) "Tow truck" means a motor vehicle adapted or used | |||||
to tow, winch, or otherwise move another motor vehicle. | |||||
(42) [ |
|||||
(A) is designed or used to carry a load wholly on | |||||
its own structure; and | |||||
(B) is drawn or designed to be drawn by a motor | |||||
vehicle. | |||||
(43) "Travel trailer" has the meaning assigned by | |||||
Section 501.002. | |||||
(44) [ |
|||||
(A) designed and used primarily for drawing | |||||
another vehicle; and | |||||
(B) not constructed to carry a load other than a | |||||
part of the weight of the vehicle and load to be drawn. | |||||
(45) [ |
|||||
person or property is or may be transported or drawn on a public | |||||
highway, other than a device used exclusively on stationary rails | |||||
or tracks. | |||||
SECTION 72. Section 502.0021, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 502.0021. RULES AND FORMS. (a) The department may | |||||
adopt rules to administer this chapter. | |||||
(b) The department shall post forms on the Internet and[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
sufficient [ |
|||||
on request [ |
|||||
|
|||||
SECTION 73. Section 502.052, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.00211, Transportation Code, and | |||||
amended to read as follows: | |||||
Sec. 502.00211 [ |
|||||
REGISTRATION INSIGNIA[ |
|||||
department shall prepare the designs and specifications [ |
|||||
|
|||||
registration insignia. | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
SECTION 74. The heading to Section 502.0023, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 502.0023. EXTENDED REGISTRATION OF COMMERCIAL FLEET | |||||
[ |
|||||
SECTION 75. Section 502.0023, Transportation Code, is | |||||
amended by amending Subsections (a) and (c) and adding Subsection | |||||
(i) to read as follows: | |||||
(a) Notwithstanding Section 502.044(c) [ |
|||||
department shall develop and implement a system of registration to | |||||
allow an owner of a commercial fleet to register the motor vehicles | |||||
and trailers in the commercial fleet for an extended registration | |||||
period of not less than one year or more than eight years. The | |||||
owner may select the number of years for registration under this | |||||
section within that range and register the commercial fleet for | |||||
that period. Payment for all registration fees for the entire | |||||
registration period selected is due at the time of registration. | |||||
(c) In addition to the registration fees prescribed by this | |||||
chapter [ |
|||||
under this section shall pay: | |||||
(1) an annual commercial fleet registration fee of $10 | |||||
per motor vehicle 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 or trailer license plate. | |||||
(i) The department may provide for credits for fleet | |||||
registration. | |||||
SECTION 76. Section 502.185, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.010, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.010 [ |
|||||
|
|||||
assessor-collector or the department may refuse to register a motor | |||||
vehicle if the assessor-collector or the department receives | |||||
information that the owner of the vehicle owes the county money for | |||||
a fine, fee, or tax that is past due. | |||||
(b) A county may contract with the department to provide | |||||
information to the department necessary to make a determination | |||||
under Subsection (a). | |||||
(c) A county that has a contract under Subsection (b) shall | |||||
notify the department regarding a person for whom the county | |||||
assessor-collector or the department has refused to register a | |||||
motor vehicle on: | |||||
(1) the person's payment or other means of discharge of | |||||
the past due fine, fee, or tax; or | |||||
(2) perfection of an appeal of the case contesting | |||||
payment of the fine, fee, or tax. | |||||
(d) After notice is received under Subsection (c), the | |||||
county assessor-collector or the department may not refuse to | |||||
register the motor vehicle under Subsection (a). | |||||
(e) A contract under Subsection (b) must be entered into in | |||||
accordance with Chapter 791, Government Code, and is subject to the | |||||
ability of the parties to provide or pay for the services required | |||||
under the contract. | |||||
(f) A county that has a contract under Subsection (b) may | |||||
impose an additional fee to a person paying a fine, fee, or tax to | |||||
the county after it is past due. The additional fee may be used only | |||||
to reimburse the department or the county for its expenses for | |||||
providing services under the contract. | |||||
(g) In this section: | |||||
(1) a fine, fee, or tax is considered past due if it is | |||||
unpaid 90 or more days after the date it is due; and | |||||
(2) registration of a motor vehicle includes renewal | |||||
of the registration of the vehicle. | |||||
(h) This section does not apply to the registration of a | |||||
motor vehicle under Section 501.0234, unless the vehicle is titled | |||||
and registered in the name of a person who holds a general | |||||
distinguishing number. | |||||
SECTION 77. The heading to Subchapter B, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER B. REGISTRATION REQUIREMENTS [ |
|||||
SECTION 78. Section 502.002, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.040, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.040 [ |
|||||
RULE. (a) Not more than 30 days after purchasing a vehicle or | |||||
becoming a resident of this state, the [ |
|||||
vehicle, trailer, or semitrailer shall apply for the registration | |||||
of the vehicle for: | |||||
(1) each registration year in which the vehicle is | |||||
used or to be used on a public highway; and | |||||
(2) if the vehicle is unregistered for a registration | |||||
year that has begun and that applies to the vehicle and if the | |||||
vehicle is used or to be used on a public highway, the remaining | |||||
portion of that registration year. | |||||
(b) The application must be accompanied by personal | |||||
identification as determined by department rule and made in a | |||||
manner prescribed by [ |
|||||
(1) through the county assessor-collector of the | |||||
county in which the owner resides; or | |||||
(2) if the county in which the owner resides has been | |||||
declared by the governor as a disaster area, through the county | |||||
assessor-collector of a county that is one of the closest | |||||
unaffected counties to a county that asks for assistance and: | |||||
(A) continues to be declared by the governor as a | |||||
disaster area because the county has been rendered inoperable by | |||||
the disaster; and | |||||
(B) is inoperable for a protracted period of | |||||
time. | |||||
(c) A provision of this chapter that conflicts with this | |||||
section prevails over this section to the extent of the conflict. | |||||
(d) A county assessor-collector, a deputy county | |||||
assessor-collector, or a person acting on behalf of a county | |||||
assessor-collector is not liable to any person for: | |||||
(1) refusing to register a motor vehicle because of | |||||
the person's failure to submit evidence of residency that complies | |||||
with the department's rules; or | |||||
(2) registering a motor vehicle under this section. | |||||
SECTION 79. Section 502.157, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.041, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.041 [ |
|||||
Notwithstanding Section 502.040 [ |
|||||
|
|||||
|
|||||
apply for a [ |
|||||
county assessor-collector of the county in which: | |||||
(1) the owner resides; or | |||||
(2) the vehicle is purchased or encumbered. | |||||
(b) The first time an owner applies for registration of a | |||||
vehicle, the owner may demonstrate compliance with Section | |||||
502.046(a) [ |
|||||
financial responsibility in any manner specified in Section | |||||
502.046(c) [ |
|||||
(1) any vehicle of the owner; or | |||||
(2) any vehicle used as part of the consideration for | |||||
the purchase of the vehicle the owner applies to register. | |||||
SECTION 80. Section 502.152, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.042, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.042 [ |
|||||
FOR REGISTRATION. [ |
|||||
the registration of a motor vehicle for which a [ |
|||||
title is required under Chapter 501 unless the owner: | |||||
(1) obtains a [ |
|||||
or | |||||
(2) presents satisfactory evidence that a | |||||
[ |
|||||
department or another jurisdiction. | |||||
[ |
|||||
|
|||||
SECTION 81. Section 502.151, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.043, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.043 [ |
|||||
An application for vehicle registration must: | |||||
(1) be made in a manner prescribed and include the | |||||
information required [ |
|||||
rule; and | |||||
(2) contain a [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
(b) The department shall deny the [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
vehicle, truck-tractor, trailer, or semitrailer if the applicant: | |||||
(1) has a business operated, managed, or otherwise | |||||
controlled or affiliated with a person who is ineligible for | |||||
registration or whose privilege to operate has been suspended, | |||||
including the applicant entity, a relative, family member, | |||||
corporate officer, or shareholder; | |||||
(2) has a vehicle that has been prohibited from | |||||
operating by the Federal Motor Carrier Safety Administration; | |||||
(3) is a carrier whose business is operated, managed, | |||||
or otherwise controlled or affiliated with a person who is | |||||
ineligible for registration, including the owner, a relative, a | |||||
family member, a corporate officer, or a shareholder; or | |||||
(4) fails to [ |
|||||
assessor-collector proof of [ |
|||||
the vehicle, the maximum load to be carried on the vehicle, and the | |||||
gross weight for which the vehicle is to be registered. [ |
|||||
|
|||||
(c) [ |
|||||
provided by Subsection (a), the owner of a vehicle registered in any | |||||
state for that year or the preceding year may present the | |||||
registration receipt and transfer receipt, if any. The county | |||||
assessor-collector shall accept the receipt as an application for | |||||
renewal of the registration if the receipt indicates the applicant | |||||
owns the vehicle. This section allows issuance for registration | |||||
purposes only but does not authorize the department to issue a | |||||
title. | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
SECTION 82. Section 502.158, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.044, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.044 [ |
|||||
The department shall designate a vehicle registration year of 12 | |||||
consecutive months to begin on the first day of a calendar month and | |||||
end on the last day of the 12th calendar month. | |||||
(b) The department shall designate vehicle registration | |||||
years so as to distribute the work of the department and the county | |||||
assessor-collectors as uniformly as possible throughout the year. | |||||
The department may establish separate registration years for any | |||||
vehicle or classification of vehicle and may adopt rules to | |||||
administer the year-round registration system. | |||||
(c) The department may designate a registration period of | |||||
less than 12 months to be [ |
|||||
|
|||||
one-twelfth the annual registration fee multiplied by the number of | |||||
months in the registration period. The board by rule may allow | |||||
payment of [ |
|||||
|
|||||
[ |
|||||
|
|||||
amount of time determined by department rule [ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
(d) [ |
|||||
|
|||||
|
|||||
that are valid until the expiration of the designated period. | |||||
SECTION 83. Section 502.176, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.045, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.045 [ |
|||||
registration fee [ |
|||||
delinquent immediately if the vehicle is used on a public highway | |||||
without the fee having been paid in accordance with this chapter. | |||||
(b) An [ |
|||||
|
|||||
|
|||||
[ |
|||||
good reason for delinquent registration and who [ |
|||||
|
|||||
under this chapter may [ |
|||||
period that ends on the last day of the 11th month after the month in | |||||
which the registration occurs under this subsection. [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(c) An [ |
|||||
|
|||||
provided evidence acceptable [ |
|||||
|
|||||
but who [ |
|||||
for registration under this chapter shall register the vehicle for | |||||
a 12-month period without changing the initial month of | |||||
registration. | |||||
(d) A person who has been arrested or received a citation | |||||
for a violation of Section 502.472 [ |
|||||
vehicle being operated at the time of the offense [ |
|||||
|
|||||
initial month of registration only if the person: | |||||
(1) meets the other requirements for registration | |||||
under this chapter; and | |||||
(2) pays an additional charge equal to 20 percent of | |||||
the prescribed fee. | |||||
(e) The board by rule [ |
|||||
adopt a list of evidentiary items sufficient to establish good | |||||
reason for delinquent registration under Subsection (b) and provide | |||||
for the [ |
|||||
reason under that subsection. [ |
|||||
|
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
(f) The board [ |
|||||
implement this section in connection with the delinquent | |||||
registration of a vehicle registered directly with the department | |||||
or through other means. | |||||
SECTION 84. Section 502.153, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.046, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.046 [ |
|||||
RESPONSIBILITY. (a) Evidence [ |
|||||
|
|||||
|
|||||
[ |
|||||
semitrailer [ |
|||||
|
|||||
|
|||||
under Section 502.043 [ |
|||||
not register the motor vehicle unless the owner or the owner's | |||||
representative submits the evidence of financial responsibility. | |||||
(b) The county assessor-collector shall examine the | |||||
evidence of financial responsibility to determine whether it | |||||
complies with Subsection (c). After examination, [ |
|||||
evidence [ |
|||||
|
|||||
submission. | |||||
(c) In this section, evidence of financial responsibility | |||||
may be: | |||||
(1) a document listed under Section 601.053(a) or | |||||
verified in compliance with Section 601.452; | |||||
(2) a liability self-insurance or pool coverage | |||||
document issued by a political subdivision or governmental pool | |||||
under the authority of Chapter 791, Government Code, Chapter 119, | |||||
Local Government Code, or other applicable law in at least the | |||||
minimum amounts required by Chapter 601; | |||||
(3) a photocopy of a document described by Subdivision | |||||
(1) or (2); or | |||||
(4) an electronic submission of a document or the | |||||
information contained in a document described by Subdivision (1) or | |||||
(2). | |||||
(d) A personal automobile policy used as evidence of | |||||
financial responsibility under this section must comply with | |||||
Section 1952.052 et seq. and Sections 2301.051 through 2301.055 | |||||
[ |
|||||
(e) At the time of registration, the county | |||||
assessor-collector shall provide to a person registering a motor | |||||
vehicle a [ |
|||||
|
|||||
(1) liability insurance coverage for the motor vehicle | |||||
in at least the minimum amounts required by law remains in effect to | |||||
insure against potential losses; or | |||||
(2) the motor vehicle is exempt from the insurance | |||||
requirement because the person has established financial | |||||
responsibility in a manner described by Sections [ |
|||||
601.051(2)-(5) or is exempt under Section 601.052. | |||||
(f) A county assessor-collector is not liable to any person | |||||
for refusing to register a motor vehicle to which this section | |||||
applies because of the person's failure to submit evidence of | |||||
financial responsibility that complies with Subsection (c). | |||||
(g) A county, a county assessor-collector, a deputy county | |||||
assessor-collector, a person acting for or on behalf of a county or | |||||
a county assessor-collector, or a person acting on behalf of an | |||||
owner for purposes of registering a motor vehicle is not liable to | |||||
any person for registering a motor vehicle under this section. | |||||
(h) This section does not prevent a person from registering | |||||
a motor vehicle by mail or through an electronic submission. | |||||
(i) To be valid under this section, an electronic submission | |||||
must be in a format that is: | |||||
(1) submitted by electronic means, including a | |||||
telephone, facsimile machine, or computer; | |||||
(2) approved by the department; and | |||||
(3) authorized by the commissioners court for use in | |||||
the county. | |||||
(j) This section does not apply to a vehicle registered | |||||
pursuant to Section 501.0234. | |||||
SECTION 85. Section 502.009, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.047, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.047 [ |
|||||
AND MAINTENANCE REQUIREMENTS. (a) The Department of Public Safety | |||||
shall ensure compliance with the motor vehicle emissions inspection | |||||
and maintenance program through a vehicle inspection sticker-based | |||||
enforcement system except as provided by this section or Section | |||||
548.3011. Subsections (b)-(e) apply only if the United States | |||||
Environmental Protection Agency determines that the state has not | |||||
demonstrated, as required by 40 C.F.R. Section 51.361, that | |||||
sticker-based enforcement of the program is more effective than | |||||
registration-based enforcement and gives the Texas [ |
|||||
|
|||||
governor written notification that the reregistration-based | |||||
enforcement of the program, as described by those subsections, will | |||||
be required. If Subsections (b)-(e) are made applicable as | |||||
provided by this subsection, the department shall terminate | |||||
reregistration-based enforcement of the program under those | |||||
subsections on the date the United States Environmental Protection | |||||
Agency gives the Texas [ |
|||||
on Environmental Quality or a person the commission designates | |||||
written notification that reregistration-based enforcement is not | |||||
required for the state implementation plan. | |||||
(b) A [ |
|||||
not be registered if the department receives from the Texas | |||||
[ |
|||||
Quality or the Department of Public Safety notification that the | |||||
registered owner of the vehicle has not complied with Subchapter F, | |||||
Chapter 548. | |||||
(c) A motor vehicle [ |
|||||
not be registered if the [ |
|||||
registration under Subsection (b) unless [ |
|||||
|
|||||
registered vehicle owner is in compliance with Subchapter F, | |||||
Chapter 548. | |||||
(d) The department, the Texas [ |
|||||
|
|||||
Department of Public Safety shall enter an agreement regarding the | |||||
responsibilities for costs associated with implementing this | |||||
section. | |||||
(e) A county tax assessor-collector is not liable to any | |||||
person for refusing to register a motor vehicle because of the | |||||
person's failure to provide verification of the person's compliance | |||||
with Subchapter F, Chapter 548. | |||||
SECTION 86. Section 502.005, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.048, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.048 [ |
|||||
VEHICLE. [ |
|||||
vehicle and may cancel, suspend, or revoke a registration if the | |||||
department determines that a motor vehicle is unsafe, improperly | |||||
equipped, or otherwise unfit to be operated on a public highway. | |||||
[ |
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|
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|
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|
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SECTION 87. Section 502.055(b), Transportation Code, is | |||||
amended to read as follows: | |||||
(b) The department may require an applicant for | |||||
registration under this chapter to provide the department with | |||||
evidence of: | |||||
(1) the manufacturer's rated carrying capacity for the | |||||
vehicle; or | |||||
(2) [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
SECTION 88. Section 502.178, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.057, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.057 [ |
|||||
department shall issue or require to be issued to the owner of a | |||||
vehicle registered under this chapter a registration receipt | |||||
showing the information required by rule [ |
|||||
[ |
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[ |
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[ |
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[ |
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|
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[ |
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|
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|
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SECTION 89. Section 502.179, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.058, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.058 [ |
|||||
(a) The owner of a vehicle for which the registration receipt has | |||||
been lost or destroyed may obtain a duplicate receipt from the | |||||
department or the county assessor-collector who issued the original | |||||
receipt by paying a fee of $2. | |||||
(b) The office issuing a duplicate receipt shall retain the | |||||
fee received [ |
|||||
SECTION 90. Section 502.180, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.059, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.059 [ |
|||||
REGISTRATION INSIGNIA. (a) On payment of the prescribed fee [ |
|||||
|
|||||
registration shall be issued a [ |
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|
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|
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|
|||||
(b) [ |
|||||
|
|||||
|
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[ |
|||||
renewal of the registration of a vehicle through the period set by | |||||
rule [ |
|||||
|
|||||
|
|||||
the validation of the license plate or plates to be attached as | |||||
provided by Subsection (c) [ |
|||||
(c) [ |
|||||
registration insignia for validation of a license plate shall be | |||||
attached to the inside of the vehicle's windshield, if the vehicle | |||||
has a windshield, within six inches of the place where the motor | |||||
vehicle inspection sticker is required to be placed. If the vehicle | |||||
does not have a windshield, the owner, when applying for | |||||
registration or renewal of registration, shall notify the | |||||
department, and the department shall issue a distinctive device for | |||||
attachment to the rear license plate of the vehicle. | |||||
(d) Department [ |
|||||
|
|||||
|
|||||
automated registration process, including: | |||||
(1) the automated on-site production of registration | |||||
insignia; and | |||||
(2) automated on-premises and off-premises | |||||
self-service registration. | |||||
(e) Subsection (c) does [ |
|||||
apply to: | |||||
(1) the issuance of specialized license plates as | |||||
designated by the department, including state official license | |||||
plates, exempt plates for governmental entities, and temporary | |||||
registration plates; or | |||||
(2) the issuance or validation of replacement license | |||||
plates, except as provided by Chapter 504 [ |
|||||
(f) [ |
|||||
|
|||||
|
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|
|||||
[ |
|||||
|
|||||
vehicle, if the vehicle is: | |||||
(1) a motorcycle; | |||||
(2) machinery used exclusively to drill water wells or | |||||
construction machinery for which a distinguishing license plate has | |||||
been issued under Section 502.146 [ |
|||||
(3) oil well servicing, oil clean out, or oil well | |||||
drilling machinery or equipment for which a distinguishing license | |||||
plate has been issued under Subchapter G, Chapter 623. | |||||
SECTION 91. Section 502.184, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter B, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.060, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.060 [ |
|||||
INSIGNIA. (a) The owner of a registered motor vehicle may obtain a | |||||
replacement registration insignia by: | |||||
(1) certifying that the replacement registration | |||||
insignia will not be used on any other vehicle owned or operated by | |||||
the person making the statement; | |||||
(2) paying a fee of $6 plus the fees required by | |||||
Section 502.356(a) [ |
|||||
insignia, except as provided by other law; and | |||||
(3) returning each replaced registration insignia in | |||||
the owner's possession. | |||||
(b) No fee is required under this section if the replacement | |||||
fee for a license plate has been paid under Section 504.007 | |||||
[ |
|||||
(c) [ |
|||||
|
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|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
replacement registration insignia without complying with this | |||||
section. | |||||
(d) [ |
|||||
each fee collected under this section and shall report and send the | |||||
remainder to the department. | |||||
[ |
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|
|||||
|
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|
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[ |
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|
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|
|||||
|
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[ |
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|
|||||
|
|||||
|
|||||
SECTION 92. The heading to Subchapter C, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER C. SPECIAL REGISTRATIONS [ |
|||||
SECTION 93. Section 502.0025, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.090, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.090 [ |
|||||
SERVICE ON REGISTRATION REQUIREMENT. (a) This section applies | |||||
only to a motor vehicle that is owned by a person who: | |||||
(1) is a resident of this state; | |||||
(2) is on active duty in the armed forces of the United | |||||
States; | |||||
(3) is stationed in or has been assigned to another | |||||
nation under military orders; and | |||||
(4) has registered the vehicle or been issued a | |||||
license for the vehicle under the applicable status of forces | |||||
agreement by: | |||||
(A) the appropriate branch of the armed forces of | |||||
the United States; or | |||||
(B) the nation in which the person is stationed | |||||
or to which the person has been assigned. | |||||
(b) Unless the registration or license issued for a vehicle | |||||
described by Subsection (a) is suspended, canceled, or revoked by | |||||
this state as provided by law: | |||||
(1) Section 502.040(a) [ |
|||||
and | |||||
(2) the registration or license issued by the armed | |||||
forces or host nation remains valid and the motor vehicle may be | |||||
operated in this state under that registration or license for a | |||||
period of not more than 90 days after the date on which the vehicle | |||||
returns to this state. | |||||
SECTION 94. Section 502.054, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.091, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.091 [ |
|||||
[ |
|||||
department, through its director, may enter into an agreement with | |||||
an authorized officer of another jurisdiction, including another | |||||
state of the United States, a foreign country or a state, province, | |||||
territory, or possession of a foreign country, to provide for: | |||||
(1) the registration of vehicles by residents of this | |||||
state and nonresidents on an allocation or mileage apportionment | |||||
plan, as under the International Registration Plan; and | |||||
(2) the exemption from payment of registration fees by | |||||
nonresidents if residents of this state are granted reciprocal | |||||
exemptions. | |||||
(b) The department may adopt and enforce rules to carry out | |||||
the International Registration Plan or other agreement under this | |||||
section. | |||||
(c) To carry out the International Registration Plan or | |||||
other agreement under this section, the department shall direct | |||||
that fees collected for other jurisdictions under the agreement be | |||||
deposited to the credit of the proportional registration | |||||
distributive fund in the state treasury and distributed to the | |||||
appropriate jurisdiction through that fund. The department is not | |||||
required to refund any amount less than $10 unless required by the | |||||
plan. | |||||
(d) This section prevails to the extent of conflict with | |||||
another law relating to the subject of this section. | |||||
(e) A person commits an offense if the person owns or | |||||
operates a vehicle not registered in this state in violation of: | |||||
(1) an agreement under this section; or | |||||
(2) the applicable registration laws of this state, in | |||||
the absence of an agreement under this section. | |||||
(f) An offense under Subsection (e) is a misdemeanor | |||||
punishable by a fine not to exceed $200. | |||||
SECTION 95. Section 502.355, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.092, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.092 [ |
|||||
TO TRANSPORT FARM PRODUCTS[ |
|||||
issue to a nonresident owner a permit for a truck, truck-tractor, | |||||
trailer, or semitrailer that: | |||||
(1) is registered in the owner's home state or country; | |||||
and | |||||
(2) will be used to transport: | |||||
(A) farm products produced in this state from the | |||||
place of production to a place of market or storage or a railhead | |||||
that is not more than 75 miles from the place of production; | |||||
(B) machinery used to harvest farm products | |||||
produced in this state; or | |||||
(C) farm products produced outside this state | |||||
from the point of entry into this state to a place of market, | |||||
storage, or processing or a railhead or seaport that is not more | |||||
than 80 miles from the point of entry. | |||||
(b) The department shall issue a distinguishing insignia | |||||
for a vehicle issued a permit under this section. The insignia must | |||||
be attached to the vehicle in lieu of regular license plates and | |||||
must show the permit expiration date. A permit issued under this | |||||
section is valid until the earlier of: | |||||
(1) the date the vehicle's registration in the owner's | |||||
home state or country expires; or | |||||
(2) the 30th day after the date the permit is issued. | |||||
(c) A person may obtain a permit under this section by: | |||||
(1) applying to the department in a manner [ |
|||||
prescribed by the department; | |||||
(2) paying a fee equal to 1/12 the registration fee | |||||
prescribed by this chapter for the vehicle; | |||||
(3) furnishing satisfactory evidence that the motor | |||||
vehicle is insured under an insurance policy that complies with | |||||
Section 601.072 and that is written by: | |||||
(A) an insurance company or surety company | |||||
authorized to write motor vehicle liability insurance in this | |||||
state; or | |||||
(B) with the department's approval, a surplus | |||||
lines insurer that meets the requirements of Chapter 981, Insurance | |||||
Code, and rules adopted by the commissioner of insurance under that | |||||
chapter, if the applicant is unable to obtain insurance from an | |||||
insurer described by Paragraph (A); and | |||||
(4) furnishing evidence that the vehicle has been | |||||
inspected as required under Chapter 548. | |||||
(d) A nonresident owner may not obtain more than three | |||||
permits under this section during a registration year. | |||||
(e) A vehicle for which a permit is issued under this | |||||
section may not be operated in this state after the permit expires | |||||
unless the owner: | |||||
(1) obtains another temporary permit; or | |||||
(2) registers the vehicle under Section 502.253, | |||||
502.254, 502.255 [ |
|||||
[ |
|||||
year. | |||||
(f) A vehicle for which a permit is issued under this | |||||
section may not be registered under Section 502.433 [ |
|||||
(g) A mileage referred to in this section is a state highway | |||||
mileage. | |||||
[ |
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|
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[ |
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|
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|
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|
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[ |
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|
|||||
[ |
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|
|||||
SECTION 96. Section 502.353, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.093, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.093 [ |
|||||
ANNUAL PERMITS [ |
|||||
permit in lieu of registration to a foreign commercial motor | |||||
vehicle, trailer, or semitrailer that [ |
|||||
[ |
|||||
[ |
|||||
because of the lack of registration in this state or the lack of | |||||
reciprocity with the state or country in which the vehicle is | |||||
registered. | |||||
(b) A permit issued under this section [ |
|||||
[ |
|||||
[ |
|||||
begin on the first day of a calendar month designated by the | |||||
department and end on the last day of the last calendar month of the | |||||
registration year. | |||||
(c) A permit may not be issued under this section for the | |||||
importation of citrus fruit into this state from a foreign country | |||||
except for foreign export or processing for foreign export. | |||||
(d) A person may obtain a permit under this section by: | |||||
(1) applying in the manner prescribed by [ |
|||||
department; | |||||
(2) paying a fee in the amount required by Subsection | |||||
(e) in the manner prescribed by the department, including a service | |||||
charge for a credit card payment or escrow account [ |
|||||
|
|||||
(3) furnishing evidence of financial responsibility | |||||
for the motor vehicle that complies with Sections 502.046(c) | |||||
[ |
|||||
insurance company or surety company authorized to write motor | |||||
vehicle liability insurance in this state. | |||||
(e) The fee for a permit under this section is the fee that | |||||
would be required for registering the vehicle under Section 502.253 | |||||
[ |
|||||
(f). | |||||
(f) A vehicle registered under this section is exempt from | |||||
the token fee and is not required to display the associated | |||||
distinguishing license plate if the vehicle: | |||||
(1) is a semitrailer that has a gross weight of more | |||||
than 6,000 pounds; and | |||||
(2) is used or intended to be used in combination with | |||||
a truck tractor or commercial motor vehicle with a gross vehicle | |||||
weight [ |
|||||
pounds [ |
|||||
(g) A vehicle registered under this section is not subject | |||||
to the fee required by Section 502.401 [ |
|||||
[ |
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[ |
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[ |
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[ |
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|
|||||
[ |
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|
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|
|||||
SECTION 97. Section 502.352, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.094, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.094 [ |
|||||
|
|||||
registration permit in lieu of registration for a commercial motor | |||||
vehicle, trailer, semitrailer, or motor bus that: | |||||
(1) is owned by a resident of the United States, | |||||
Canada, or the United Mexican States; | |||||
(2) is subject to registration in this state; and | |||||
(3) is not authorized to travel on a public highway | |||||
because of the lack of registration in this state or the lack of | |||||
reciprocity with the state or province in which the vehicle is | |||||
registered. | |||||
(b) A permit issued under this section [ |
|||||
[ |
|||||
[ |
|||||
effective from the date and time shown on the receipt issued as | |||||
evidence of registration under this section. | |||||
(c) A person may obtain a permit under this section by: | |||||
(1) applying to the county assessor-collector, the | |||||
department, or the department's wire service agent, if the | |||||
department has a wire service agent; | |||||
(2) paying a fee of $25 for a 72-hour permit or $50 for | |||||
a 144-hour permit in the manner prescribed by the department that | |||||
may include a service charge for a credit card payment or escrow | |||||
account[ |
|||||
[ |
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[ |
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[ |
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[ |
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|
|||||
[ |
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[ |
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|
|||||
[ |
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|
|||||
[ |
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|
|||||
[ |
|||||
|
|||||
(3) [ |
|||||
assessor-collector, the department, or the department's wire | |||||
service agent, evidence of financial responsibility for the vehicle | |||||
that complies with Sections 502.046(c) [ |
|||||
[ |
|||||
|
|||||
|
|||||
(4) [ |
|||||
declaration form required by the Federal Motor Carrier Safety | |||||
Administration or its successor in connection with the importation | |||||
of a motor vehicle or motor vehicle equipment subject to the federal | |||||
motor vehicle safety, bumper, and theft prevention standards. | |||||
(d) A county assessor-collector shall report and send a fee | |||||
collected under this section in the manner provided by Section | |||||
502.198 [ |
|||||
agent shall send to the department a report of all permits issued by | |||||
the agent during the previous week. The board [ |
|||||
shall prescribe the format [ |
|||||
by this subsection. | |||||
(e) [ |
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
subject to Subchapters B and F, Chapter 548, unless the vehicle: | |||||
(1) is registered in another state of the United | |||||
States, in a province of Canada, or in a state of the United Mexican | |||||
States; or | |||||
(2) is mobile drilling or servicing equipment used in | |||||
the production of gas, crude petroleum, or oil, including a mobile | |||||
crane or hoisting equipment, mobile lift equipment, forklift, or | |||||
tug. | |||||
(f) [ |
|||||
or motor bus apprehended for violating a registration law of this | |||||
state: | |||||
(1) may not be issued a permit under this section; and | |||||
(2) is immediately subject to registration in this | |||||
state. | |||||
(g) [ |
|||||
trailer, or semitrailer with an expired permit issued under this | |||||
section is considered to be operating an unregistered vehicle | |||||
subject to each penalty prescribed by law. | |||||
(h) [ |
|||||
accounts in the state highway fund for the prepayment of a 72-hour | |||||
permit or a 144-hour permit. Any fee established by the department | |||||
for the administration of this subsection shall be administered as | |||||
required by an agreement entered into by the department. | |||||
(i) The department may refuse and may instruct a county | |||||
assessor-collector to refuse to issue a temporary registration for | |||||
any vehicle if, in the department's opinion, the vehicle or the | |||||
owner of the vehicle has been involved in operations that | |||||
constitute an abuse of the privilege granted by this section. A | |||||
registration issued after notice of the involvement is received is | |||||
void. | |||||
SECTION 98. Section 502.354, Transportation Code, is | |||||
transferred to Subchapter C, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.095, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.095 [ |
|||||
PERMITS [ |
|||||
permit in lieu of registration for a vehicle [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
because of the lack of registration in this state or the lack of | |||||
reciprocity with the state or country in which the vehicle is | |||||
registered. | |||||
(b) A permit issued under this section [ |
|||||
[ |
|||||
[ |
|||||
(1) [ |
|||||
(2) [ |
|||||
(c) A one-trip permit is valid for one trip between the | |||||
points of origin and destination and those intermediate points | |||||
specified in the application and registration receipt. Unless the | |||||
vehicle is a bus operating under charter that is not covered by a | |||||
reciprocity agreement with the state or country in which the bus is | |||||
registered, a one-trip permit is for the transit of the vehicle | |||||
only, and the vehicle may not be used for the transportation of any | |||||
passenger or property. A one-trip permit may not be valid for | |||||
longer than 15 days from the effective date of registration. | |||||
(d) A 30-day permit may be issued only to a passenger | |||||
vehicle, a private bus, a trailer or semitrailer with a gross weight | |||||
of not more than 10,000 pounds, a light truck, or a light commercial | |||||
vehicle with a gross vehicle weight [ |
|||||
|
|||||
unladen. A person may obtain multiple 30-day permits. The | |||||
department may issue a single registration receipt to apply to all | |||||
of the periods for which the vehicle is registered. | |||||
(e) A person may obtain a permit under this section by: | |||||
(1) applying as [ |
|||||
to: | |||||
(A) the county assessor-collector of the county | |||||
in which the vehicle will first be operated on a public highway; or | |||||
(B) the department in Austin or at one of the | |||||
department's vehicle title and registration regional offices; | |||||
(2) paying a fee, in the manner prescribed by the | |||||
department including a registration service charge for a credit | |||||
card payment or escrow account [ |
|||||
|
|||||
(A) $5 for a one-trip permit; or | |||||
(B) $25 for each 30-day period; and | |||||
(3) furnishing evidence of financial responsibility | |||||
for the vehicle in a form listed under Section 502.046(c) | |||||
[ |
|||||
(f) A registration receipt [ |
|||||
carried in the vehicle at all times during the period in which it is | |||||
valid [ |
|||||
tag must contain all pertinent information required by this section | |||||
and must be displayed in the rear window of the vehicle so that the | |||||
tag is clearly visible and legible when viewed from the rear of the | |||||
vehicle. If the vehicle does not have a rear window, the temporary | |||||
tag must be attached on or carried in the vehicle to allow ready | |||||
inspection. The registration receipt must be carried in the | |||||
vehicle at all times during the period in which it is valid. | |||||
(g) The department may refuse and may instruct a county | |||||
assessor-collector to refuse to issue a temporary registration for | |||||
any vehicle if, in the department's opinion, the vehicle or the | |||||
owner of the vehicle has been involved in operations that | |||||
constitute an abuse of the privilege granted by this section. A | |||||
registration issued after notice to a county assessor-collector | |||||
under this subsection is void. | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
SECTION 99. The heading to Subchapter D, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER D. VEHICLES NOT ISSUED REGISTRATION [ |
|||||
|
|||||
SECTION 100. Section 502.006, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.140, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.140 [ |
|||||
(a) Except as provided by Subsection (b), a person may not register | |||||
an all-terrain vehicle or a recreational off-highway vehicle, with | |||||
or without design alterations, for operation on a public highway. | |||||
(b) The state, a county, or a municipality may register an | |||||
all-terrain vehicle or a recreational off-highway vehicle for | |||||
operation on a public beach or highway to maintain public safety and | |||||
welfare. | |||||
(c) A recreational off-highway vehicle registered as | |||||
provided by Subsection (b) may be operated on a public or private | |||||
beach in the same manner as a golf cart may be operated on a public | |||||
or private beach under Section 551.403 [ |
|||||
must hold and have in the operator's possession a driver's license | |||||
issued under Chapter 521 or a commercial driver's license issued | |||||
under Chapter 522. | |||||
(d) Section 504.401 [ |
|||||
all-terrain vehicle or a recreational off-highway vehicle. | |||||
(e) Operation of an all-terrain vehicle or recreational | |||||
off-highway vehicle in compliance with Section 663.037 does not | |||||
require registration under Subsection (b). | |||||
SECTION 101. Section 502.0072, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.142, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.142 [ |
|||||
Manufactured housing, as defined by Section 1201.003, Occupations | |||||
Code, is not a vehicle subject to this chapter. | |||||
SECTION 102. Section 502.0073, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.143, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.143 [ |
|||||
[ |
|||||
register the following vehicles for operation on a public highway: | |||||
(1) power sweepers; | |||||
(2) motorized mobility devices; | |||||
(3) electric personal assistive mobility devices; and | |||||
(4) electric bicycles [ |
|||||
[ |
|||||
|
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|
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|
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|
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|
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|
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|
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SECTION 103. Section 502.0078, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.144, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.144 [ |
|||||
HIGHWAY SEPARATING REAL PROPERTY UNDER VEHICLE OWNER'S CONTROL. | |||||
Where a public highway separates real property under the control of | |||||
the owner of a motor vehicle, the operation of the motor vehicle by | |||||
the owner or the owner's agent or employee across the highway is not | |||||
a use of the motor vehicle on the public highway. | |||||
SECTION 104. Section 502.0079, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.145, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.145 [ |
|||||
NONRESIDENTS. (a) [ |
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|
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|
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|
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[ |
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[ |
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that is registered in the state or country in which the person | |||||
resides and that is not operated for compensation may operate the | |||||
car in this state for the period in which the car's license plates | |||||
are valid. In this subsection, "nonresident" means a resident of a | |||||
state or country other than this state whose presence in this state | |||||
is as a visitor and who does not engage in gainful employment or | |||||
enter into business or an occupation, except as may otherwise be | |||||
provided by any reciprocal agreement with another state or country. | |||||
(b) [ |
|||||
(1) a nonresident owner of a motor vehicle from | |||||
operating the vehicle in this state for the sole purpose of | |||||
marketing farm products raised exclusively by the person; or | |||||
(2) a resident of an adjoining state or country from | |||||
operating in this state a privately owned and registered vehicle to | |||||
go to and from the person's place of regular employment and to make | |||||
trips to purchase merchandise, if the vehicle is not operated for | |||||
compensation. | |||||
(c) [ |
|||||
allowed only if, under the laws of the appropriate state or country, | |||||
similar privileges are granted to vehicles registered under the | |||||
laws of this state and owned by residents of this state. | |||||
(d) [ |
|||||
of a vehicle owner under any reciprocal agreement between this | |||||
state and another state or country. | |||||
SECTION 105. Section 504.504, Transportation Code, is | |||||
transferred to Subchapter D, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.146, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.146 [ |
|||||
AND CONSTRUCTION EQUIPMENT. (a) The department shall issue | |||||
specialty license plates to a vehicle described by Subsection (b) | |||||
or (c). The fee for the license plates is $5. At the time of | |||||
obtaining the license plates, the applicant must submit proof that | |||||
the applicant has a permit under Section 623.142. | |||||
(b) An owner is not required to register a vehicle that is | |||||
used only temporarily on the highways if the vehicle is: | |||||
(1) a farm trailer or farm semitrailer with a gross | |||||
weight of more than 4,000 pounds but not more than 34,000 pounds | |||||
that is not used for non-farm use, but is used exclusively to | |||||
transport: | |||||
(A) seasonally harvested agricultural products | |||||
or livestock from the place of production to the place of | |||||
processing, market, or storage; or | |||||
(B) farm supplies from the place of loading to | |||||
the farm; | |||||
(2) machinery used exclusively for the purpose of | |||||
drilling water wells; [ |
|||||
(3) oil well servicing or drilling machinery; or | |||||
(4) construction machinery [ |
|||||
|
|||||
(c) An owner is not required to register a vehicle that is: | |||||
(1) a farm trailer or farm semitrailer owned by a | |||||
cotton gin and used exclusively to transport agricultural products | |||||
without charge from the place of production to the place of | |||||
processing, market, or storage; | |||||
(2) a trailer used exclusively to transport fertilizer | |||||
without charge from a place of supply or storage to a farm; or | |||||
(3) a trailer used exclusively to transport cottonseed | |||||
without charge from a place of supply or storage to a farm or place | |||||
of processing. | |||||
(d) A vehicle described by Subsection (b) is exempt from the | |||||
inspection requirements of Subchapters B and F, Chapter 548. | |||||
(e) This section does not apply to a farm trailer or farm | |||||
semitrailer that: | |||||
(1) is used for hire; | |||||
(2) has metal tires operating in contact with the | |||||
highway; | |||||
(3) is not equipped with an adequate hitch pinned or | |||||
locked so that it will remain securely engaged to the towing vehicle | |||||
while in motion; or | |||||
(4) is not operated and equipped in compliance with | |||||
all other law. | |||||
(f) A vehicle to which this section applies that is operated | |||||
on a public highway in violation of this section is considered to be | |||||
operated while unregistered and is immediately subject to the | |||||
applicable registration fees and penalties prescribed by this | |||||
chapter [ |
|||||
(g) In this section, the gross weight of a trailer or | |||||
semitrailer is the combined weight of the vehicle and the load | |||||
carried on the highway. | |||||
SECTION 106. The heading to Subchapter E, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER E. ADMINISTRATION OF FEES [ |
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|
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|
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SECTION 107. Section 502.159, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.190, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.190 [ |
|||||
The department shall post [ |
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|
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Internet [ |
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|
|||||
SECTION 108. Section 502.004, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.191, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.191 [ |
|||||
may not collect a registration fee under this chapter unless the | |||||
person is: | |||||
(1) an officer or employee of the department; or | |||||
(2) a county assessor-collector or a deputy county | |||||
assessor-collector. | |||||
(b) The department may accept electronic payment by | |||||
electronic funds transfer, credit card, or debit card of any fee | |||||
that the department is authorized to collect under this chapter. | |||||
(c) The department may collect a fee for processing a | |||||
payment by electronic funds transfer, credit card, or debit card. | |||||
The amount of the fee must be reasonably related to the expense | |||||
incurred by the department in processing the payment by electronic | |||||
funds transfer, credit card, or debit card and may not be more than | |||||
five percent of the amount of the fee being paid. | |||||
(d) In addition to the fee authorized by Subsection (c), the | |||||
department may collect from a person making payment by electronic | |||||
funds transfer, credit card, or debit card an amount equal to the | |||||
amount of any transaction fee charged to the department by a vendor | |||||
providing services in connection with payments made by electronic | |||||
funds transfer, credit card, or debit card. The limitation | |||||
prescribed by Subsection (c) on the amount of a fee does not apply | |||||
to a fee collected under this subsection. | |||||
(e) If, for any reason, the payment of a fee under this | |||||
chapter by electronic funds transfer, credit card, or debit card is | |||||
not honored by the funding institution or by the electronic funds | |||||
transfer, credit card, or debit card company on which the funds are | |||||
drawn, the department may collect from the person who owes the fee | |||||
being collected a service charge that is for the collection of that | |||||
original amount and is in addition to the original fee. The amount | |||||
of the service charge must be reasonably related to the expense | |||||
incurred by the department in collecting the original amount. | |||||
SECTION 109. Subchapter E, Chapter 502, Transportation | |||||
Code, is amended by adding Section 502.192 to read as follows: | |||||
Sec. 502.192. TRANSFER FEE. The purchaser of a used motor | |||||
vehicle shall pay, in addition to any fee required under Chapter 501 | |||||
for the transfer of title, a transfer fee of $2.50 for the transfer | |||||
of the registration of the motor vehicle. The county | |||||
assessor-collector may retain as commission for services provided | |||||
under this subchapter half of each transfer fee collected. | |||||
SECTION 110. Section 502.181, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.193, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.193 [ |
|||||
CHECK DRAWN AGAINST INSUFFICIENT FUNDS. (a) A county | |||||
assessor-collector who receives from any person a check or draft | |||||
for [ |
|||||
fee for a registration year that has not ended [ |
|||||
|
|||||
insufficient funds or no funds in the bank or trust company to the | |||||
credit of the drawer of the check or draft shall certify the fact to | |||||
the sheriff or a constable or highway patrol officer in the county | |||||
after attempts to contact the person fail to result in the | |||||
collection of payment. The certification must be made before the | |||||
30th day after the date the check or draft is returned unpaid and: | |||||
(1) be under the assessor-collector's official seal; | |||||
(2) include the name and address of the person who gave | |||||
the [ |
|||||
(3) include the license plate number and make of the | |||||
vehicle; | |||||
(4) be accompanied by the check or draft; and | |||||
(5) be accompanied by documentation of any attempt to | |||||
contact the person and collect payment. | |||||
(b) On receiving a complaint under Subsection (a) from the | |||||
county assessor-collector, the sheriff, constable, or highway | |||||
patrol officer shall find the person who gave the | |||||
[ |
|||||
county, and demand immediate redemption of the check or draft from | |||||
the person. If the person fails or refuses to redeem the check or | |||||
draft, the sheriff, constable, or highway patrol officer shall: | |||||
(1) seize and remove the license plates and | |||||
registration insignia from the vehicle; and | |||||
(2) return the license plates and registration | |||||
insignia to the county assessor-collector. | |||||
SECTION 111. Section 502.182, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.194, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.194 [ |
|||||
MOTOR VEHICLE SUBSEQUENTLY DESTROYED. (a) The owner of a motor | |||||
vehicle that is destroyed to the extent that it cannot afterwards be | |||||
operated on a public highway is entitled to a registration fee | |||||
credit if the prorated portion of the registration fee for the | |||||
remainder of the registration year is more than $15. The owner must | |||||
claim the credit by [ |
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[ |
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|
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[ |
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|
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|
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(b) The department, on satisfactory proof that the vehicle | |||||
is destroyed, shall issue a registration fee credit slip to the | |||||
owner in an amount equal to the prorated portion of the registration | |||||
fee for the remainder of the registration year. The owner, during | |||||
the same or the next registration year, may use the registration fee | |||||
credit slip as payment or part payment for the registration of | |||||
another vehicle to the extent of the credit. | |||||
[ |
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|
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|
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[ |
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|
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SECTION 112. Section 502.183, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.195, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.195 [ |
|||||
REGISTRATION FEE. (a) The owner of a motor vehicle [ |
|||||
|
|||||
excess of the statutory amount is entitled to a refund of the | |||||
overcharge. | |||||
(b) The county assessor-collector who collects the | |||||
excessive fee shall refund an overcharge on presentation to the | |||||
assessor-collector of satisfactory evidence of the overcharge[ |
|||||
|
|||||
than the first [ |
|||||
registration fee was paid. | |||||
(c) A refund shall be paid from the fund in which the | |||||
county's share of registration fees is deposited. | |||||
SECTION 113. Section 502.051, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.196, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.196 [ |
|||||
STATE HIGHWAY FUND. Except as otherwise provided by this chapter, | |||||
the board and the department shall deposit all money received from | |||||
registration fees in the state treasury to the credit of the state | |||||
highway fund. | |||||
SECTION 114. Section 502.101, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.197, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.197 [ |
|||||
MEANS; SERVICE CHARGE. (a) A county assessor-collector may | |||||
collect a service charge of $1 from each applicant registering a | |||||
vehicle by mail. The service charge shall be used to pay the costs | |||||
of handling and postage to mail the registration receipt and | |||||
insignia to the applicant. | |||||
(b) With the approval of the commissioners court of a | |||||
county, a county assessor-collector may contract with a private | |||||
entity to enable an applicant for registration to use an electronic | |||||
off-premises location. A private entity may charge an applicant | |||||
not more than $1 for the service provided. | |||||
(c) The department may adopt rules to cover the timely | |||||
application for and issuance of registration receipts and insignia | |||||
by mail or through an electronic off-premises location. | |||||
SECTION 115. Section 502.102, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.198, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.198 [ |
|||||
(a) Except as provided by Sections 502.1982 [ |
|||||
[ |
|||||
assessor-collector under this chapter. | |||||
(b) Each Monday, a county assessor-collector shall credit | |||||
to the county road and bridge fund an amount equal to the net | |||||
collections made during the preceding week until the amount so | |||||
credited for the calendar year equals the total of: | |||||
(1) $60,000; | |||||
(2) $350 for each mile of county road maintained by the | |||||
county, according to the most recent information available from the | |||||
department, not to exceed 500 miles; and | |||||
(3) an additional amount of fees equal to the amount | |||||
calculated under Section 502.1981 [ |
|||||
(c) After the credits to the county road and bridge fund | |||||
equal the total computed under Subsection (b), each Monday the | |||||
county assessor-collector shall: | |||||
(1) credit to the county road and bridge fund an amount | |||||
equal to 50 percent of the net collections made during the preceding | |||||
week, until the amount so credited for the calendar year equals | |||||
$125,000; and | |||||
(2) send to the department an amount equal to 50 | |||||
percent of those collections. | |||||
(d) After the credits to the county road and bridge fund | |||||
equal the total amounts computed under Subsections (b) and (c)(1), | |||||
each Monday the county assessor-collector shall send to the | |||||
department all collections made during the preceding week. | |||||
[ |
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|
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|
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SECTION 116. Section 502.1025, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.1981, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.1981 [ |
|||||
AMOUNTS RETAINED BY A COUNTY. (a) The county tax | |||||
assessor-collector each calendar year shall calculate five percent | |||||
of the tax and penalties collected by the county tax | |||||
assessor-collector under Chapter 152, Tax Code, in the preceding | |||||
calendar year. In addition, the county tax assessor-collector | |||||
shall calculate each calendar year an amount equal to five percent | |||||
of the tax and penalties that the comptroller: | |||||
(1) collected under Section 152.047, Tax Code, in the | |||||
preceding calendar year; and | |||||
(2) determines are attributable to sales in the | |||||
county. | |||||
(b) A county tax assessor-collector shall retain under | |||||
Section 502.198(b) [ |
|||||
percentage of the amounts calculated under Subsection [ |
|||||
(a) during each of the following fiscal years: | |||||
(1) [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(2) [ |
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(3) [ |
|||||
(4) [ |
|||||
percent. | |||||
(c) The county shall credit the amounts retained under | |||||
Subsection (b) to the county road and bridge fund. Money credited | |||||
to the fund under this section may only be used for: | |||||
(1) county road construction, maintenance, and | |||||
repair; | |||||
(2) bridge construction, maintenance, and repair; | |||||
(3) the purchase of right-of-way for road or highway | |||||
purposes; or | |||||
(4) the relocation of utilities for road or highway | |||||
purposes. | |||||
SECTION 117. Section 502.103, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.1982, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.1982 [ |
|||||
ROAD AND BRIDGE FEE. Each Monday a county assessor-collector shall | |||||
apportion the collections for the preceding week for a fee imposed | |||||
under Section 502.401 [ |
|||||
(1) crediting an amount equal to 97 percent of the | |||||
collections to the county road and bridge fund; and | |||||
(2) sending to the department an amount equal to three | |||||
percent of the collections to defray the department's costs of | |||||
administering Section 502.401 [ |
|||||
SECTION 118. Section 502.106, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.1983, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.1983 [ |
|||||
INTEREST-BEARING ACCOUNT. (a) Except as provided by Sections | |||||
502.1982 [ |
|||||
assessor-collector may: | |||||
(1) deposit the fees in an interest-bearing account or | |||||
certificate in the county depository; and | |||||
(2) send the fees to the department not later than the | |||||
34th day after the date the fees are due under Section 502.357 | |||||
[ |
|||||
(b) The county owns all interest earned on fees deposited | |||||
under this section. The county treasurer shall credit the interest | |||||
to the county general fund. | |||||
SECTION 119. Section 502.107, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.1984, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.1984 [ |
|||||
required to be sent to the department under this chapter bears | |||||
interest for the benefit of the state highway fund at an annual rate | |||||
of 10 percent beginning on the 60th day after the date the county | |||||
assessor-collector collects the fee. | |||||
(b) The department shall audit the registration and | |||||
transfer fees collected and disbursed by each county | |||||
assessor-collector and shall determine the exact amount of interest | |||||
due on any fee not sent to the department. | |||||
(c) The state has a claim against a county | |||||
assessor-collector and the sureties on the assessor-collector's | |||||
official bond for the amount of interest due on a fee. | |||||
SECTION 120. Section 502.108, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.1985, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.1985 [ |
|||||
BY COUNTY. (a) Money credited to the county road and bridge fund | |||||
under Section 502.198 [ |
|||||
used to pay the compensation of the county judge or a county | |||||
commissioner. The money may be used only for the construction and | |||||
maintenance of lateral roads in the county, under the supervision | |||||
of the county engineer. | |||||
(b) If there is not a county engineer, the commissioners | |||||
court of the county may require the services of the department's | |||||
district engineer or resident engineer to supervise the | |||||
construction and surveying of lateral roads in the county. | |||||
(c) A county may use money allocated to it under this | |||||
chapter to: | |||||
(1) pay obligations issued in the construction or | |||||
improvement of any roads, including state highways in the county; | |||||
(2) improve the roads in the county road system; or | |||||
(3) construct new roads. | |||||
(d) To the maximum extent possible, contracts for roads | |||||
constructed by a county using funds provided under this chapter | |||||
should be awarded by competitive bids. | |||||
SECTION 121. Section 502.110, Transportation Code, is | |||||
transferred to Subchapter E, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.1986, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.1986 [ |
|||||
DISTRIBUTION OF FEES BETWEEN STATE AND COUNTIES. If the method of | |||||
distributing vehicle registration fees collected under this | |||||
chapter between the state and counties is declared invalid because | |||||
of inequality of collection or distribution of those fees, 60 | |||||
percent of each fee shall be distributed to the county collecting | |||||
the fee and 40 percent shall be sent to the state in the manner | |||||
provided by this chapter. | |||||
SECTION 122. The heading to Subchapter F, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER F. REGULAR REGISTRATION FEES [ |
|||||
|
|||||
SECTION 123. Section 502.160, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, and redesignated as Section | |||||
502.251, Transportation Code, to read as follows: | |||||
Sec. 502.251 [ |
|||||
fee for a registration year for registration of a motorcycle or | |||||
moped is $30. | |||||
SECTION 124. Section 502.161, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.252, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.252 [ |
|||||
POUNDS OR LESS. (a) The fee for a registration year for | |||||
registration of a vehicle with a gross weight of 6,000 pounds or | |||||
less is $50.75, unless otherwise provided in this chapter. | |||||
(b) [ |
|||||
passenger car, a municipal bus, or a private bus is the weight | |||||
generally accepted as its correct shipping weight plus 100 pounds. | |||||
[ |
|||||
|
|||||
SECTION 125. Section 502.162, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.253, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.253 [ |
|||||
6,000 POUNDS. [ |
|||||
registration of a vehicle with a gross weight of more than 6,000 | |||||
pounds is as follows unless otherwise provided in this chapter: | |||||
|
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[ |
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[ |
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[ |
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SECTION 126. Section 502.166, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.254, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.254 [ |
|||||
SEMITRAILER. (a) The fee for a registration year for registration | |||||
of a trailer, travel trailer, or semitrailer with a gross weight of | |||||
6,000 pounds or less is $45.00. | |||||
(b) [ |
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registration of a trailer, travel trailer, or semitrailer with a | |||||
gross weight of more than 6,000 pounds is calculated by gross weight | |||||
according to Section 502.253 [ |
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SECTION 127. Section 502.167, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.255, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.255 [ |
|||||
VEHICLE COMBINATION FEE; SEMITRAILER TOKEN FEE. (a) This section | |||||
applies only to a truck-tractor or commercial motor vehicle with a | |||||
gross weight of more than 10,000 pounds that is used or is to be used | |||||
in combination with a semitrailer that has a gross weight of more | |||||
than 6,000 pounds. | |||||
(b) The fee for a registration year for registration of a | |||||
truck-tractor or commercial motor vehicle is calculated by gross | |||||
weight according to Section 502.253 [ |
|||||
(c) The fee for a registration year for registration of a | |||||
semitrailer used in the manner described by Subsection (a), | |||||
regardless of the date the semitrailer is registered, is: | |||||
(1) $30, for a semitrailer being propelled by a power | |||||
unit for which a permit under Section 623.011 has been issued; or | |||||
(2) $15, for a semitrailer being propelled by a power | |||||
unit for which a permit under Section 623.011 has not been issued. | |||||
(d) A registration made under Subsection (c) is valid only | |||||
when the semitrailer is used in the manner described by Subsection | |||||
(a). | |||||
(e) For registration purposes, a semitrailer converted to a | |||||
trailer by means of an auxiliary axle assembly retains its status as | |||||
a semitrailer. | |||||
(f) A combination of vehicles may not be registered under | |||||
this section for a combined gross weight of less than 18,000 pounds. | |||||
(g) This section does not apply to: | |||||
(1) a combination of vehicles that includes a vehicle | |||||
that has a distinguishing license plate under Section 502.146 | |||||
[ |
|||||
(2) a truck-tractor or commercial motor vehicle | |||||
registered or to be registered with $5 distinguishing license | |||||
plates for which the vehicle is eligible under this chapter; | |||||
(3) a truck-tractor or commercial motor vehicle used | |||||
exclusively in combination with a semitrailer of the travel trailer | |||||
[ |
|||||
(4) a vehicle registered or to be registered: | |||||
(A) with a temporary registration permit; | |||||
(B) under Section 502.433 [ |
|||||
(C) under Section 502.435 [ |
|||||
(h) The department may adopt rules to administer this | |||||
section. | |||||
(i) The department may issue specially designed license | |||||
plates for token trailers. | |||||
(j) A person may register a semitrailer under this section | |||||
[ |
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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 a fee of $15, plus any applicable fee under | |||||
Section 502.401 [ |
|||||
registration period. | |||||
[ |
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SECTION 128. Section 502.165, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter F, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.256, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.256 [ |
|||||
registration year for registration of a road tractor is the fee | |||||
prescribed by weight as certified by a public weigher or a license | |||||
and weight inspector of the Department of Public Safety under | |||||
Section 502.252 [ |
|||||
SECTION 129. The heading to Subchapter G, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER G. ADDITIONAL FEES [ |
|||||
SECTION 130. Section 502.1705, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter G, | |||||
Chapter 502, Transportation Code, redesignated as Section 502.356, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 502.356 [ |
|||||
REGISTRATION AND TITLING [ |
|||||
registration fees for a license plate or set of license plates or | |||||
other device used as the registration insignia, a fee of $1 shall be | |||||
collected. | |||||
(b) The department may use money collected under this | |||||
section to provide for or enhance: | |||||
(1) automated on-premises and off-premises | |||||
registration; and | |||||
(2) services related to the titling of vehicles. | |||||
SECTION 131. Section 502.1715, Transportation Code, as | |||||
amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of | |||||
the 79th Legislature, Regular Session, 2005, is transferred to | |||||
Subchapter G, Chapter 502, Transportation Code, redesignated as | |||||
Section 502.357, Transportation Code, and reenacted and amended to | |||||
read as follows: | |||||
Sec. 502.357 [ |
|||||
[ |
|||||
addition to other fees imposed for registration of a motor vehicle, | |||||
at the time of application for registration or renewal of | |||||
registration of a motor vehicle for which the owner is required to | |||||
submit evidence of financial responsibility under Section 502.046 | |||||
[ |
|||||
fees imposed for registration of a motor vehicle, at the time of | |||||
application for registration of a motor vehicle that is subject to | |||||
Section 501.0234, the applicant shall pay a fee of $1. Fees | |||||
collected under this section shall be remitted weekly to the | |||||
department. | |||||
(b) Fees collected under this section shall be deposited to | |||||
the credit of the state highway fund. Subject to appropriations, | |||||
the money shall be used by the Department of Public Safety to: | |||||
(1) support the Department of Public Safety's | |||||
reengineering of the driver's license system to provide for the | |||||
issuance by the Department of Public Safety of a driver's license or | |||||
personal identification certificate, to include use of image | |||||
comparison technology; | |||||
(2) establish and maintain a system to support the | |||||
driver responsibility program under Chapter 708; and | |||||
(3) make lease payments to the master lease purchase | |||||
program for the financing of the driver's license reengineering | |||||
project. | |||||
(c) Fees collected under this section shall be deposited to | |||||
the credit of the state highway fund. Subject to appropriation, the | |||||
money may be used by the Department of Public Safety, the Texas | |||||
Department of Insurance, the Department of Information Resources, | |||||
and the department to carry out Subchapter N, Chapter 601. | |||||
(d) The Department of Public Safety, the Texas Department of | |||||
Insurance, the Department of Information Resources, and the | |||||
department shall jointly adopt rules and develop forms necessary to | |||||
administer this section. | |||||
SECTION 132. Section 502.1675, Transportation Code, is | |||||
transferred to Subchapter G, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.358, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.358 [ |
|||||
SURCHARGE. (a) In addition to the registration fees charged under | |||||
Section 502.255 [ |
|||||
registration of a truck-tractor or commercial motor vehicle under | |||||
that section in an amount equal to 10 percent of the total fees due | |||||
for the registration of the truck-tractor or commercial motor | |||||
vehicle under that section. | |||||
(b) The county tax assessor-collector shall remit the | |||||
surcharge collected under this section to the comptroller at the | |||||
time and in the manner prescribed by the comptroller for deposit in | |||||
the Texas emissions reduction plan fund. | |||||
(c) This section expires August 31, 2019. | |||||
SECTION 133. Section 502.171, Transportation Code, is | |||||
transferred to Subchapter G, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.359, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.359 [ |
|||||
VEHICLES USING DIESEL MOTOR. (a) The registration fee under this | |||||
chapter for a motor vehicle other than a passenger car, a truck with | |||||
a gross vehicle weight [ |
|||||
18,000 pounds [ |
|||||
combination under Section 502.255 [ |
|||||
percent if the vehicle has a diesel motor. | |||||
(b) The [ |
|||||
registration receipt for a motor vehicle, other than a passenger | |||||
car or a truck with a gross vehicle weight [ |
|||||
|
|||||
that the vehicle has a diesel motor. | |||||
(c) The department may adopt rules to administer this | |||||
section. | |||||
SECTION 134. The heading to Subchapter H, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER H. OPTIONAL FEES [ |
|||||
SECTION 135. Section 502.172, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.401, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.401 [ |
|||||
BRIDGE FUND. (a) The commissioners court of a county by order may | |||||
impose an additional fee, not to exceed $10, for registering a | |||||
vehicle in the county. | |||||
(b) A vehicle that may be registered under this chapter | |||||
without payment of a registration fee may be registered in a county | |||||
imposing a fee under this section without payment of the additional | |||||
fee. | |||||
(c) A fee imposed under this section may take effect only on | |||||
January 1 of a year. The county must adopt the order and notify the | |||||
department not later than September 1 of the year preceding the year | |||||
in which the fee takes effect. | |||||
(d) A fee imposed under this section may be removed. The | |||||
removal may take effect only on January 1 of a year. A county may | |||||
remove the fee only by: | |||||
(1) rescinding the order imposing the fee; and | |||||
(2) notifying the department not later than September | |||||
1 of the year preceding the year in which the removal takes effect. | |||||
(e) The county assessor-collector of a county imposing a fee | |||||
under this section shall collect the additional fee for a vehicle | |||||
when other fees imposed under this chapter are collected. | |||||
(f) The department shall collect the additional fee on a | |||||
vehicle that is owned by a resident of a county imposing a fee under | |||||
this section [ |
|||||
directly with the department. The department shall send all fees | |||||
collected for a county under this subsection to the county | |||||
treasurer to be credited to the county road and bridge fund. | |||||
(g) The department shall adopt rules [ |
|||||
necessary to administer registration [ |
|||||
registered in a county imposing a fee under this section. | |||||
SECTION 136. Section 502.1725, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.402, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.402 [ |
|||||
TRANSPORTATION PROJECTS. (a) This section applies only to a | |||||
county: | |||||
(1) that borders the United Mexican States; | |||||
(2) that has a population of more than 300,000; and | |||||
(3) in which the largest municipality has a population | |||||
of less than 300,000. | |||||
(b) The commissioners court of a county by order may impose | |||||
an additional fee, not to exceed $10, for [ |
|||||
registered in the county. | |||||
(c) A vehicle that may be registered under this chapter | |||||
without payment of a registration fee may be registered [ |
|||||
|
|||||
additional fee. | |||||
(d) A fee imposed under this section may take effect [ |
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|
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[ |
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[ |
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accordance with the requirements of Section 502.401[ |
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[ |
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[ |
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(e) [ |
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|
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shall be collected for a vehicle when other fees imposed under this | |||||
chapter are collected. The [ |
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collected shall be sent to the regional mobility authority of the | |||||
county to fund long-term transportation projects in the county. | |||||
(f) [ |
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[ |
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necessary to administer registration [ |
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registered in a county imposing a fee under this section. | |||||
SECTION 137. Section 502.173, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.403, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.403 [ |
|||||
SAFETY. (a) The commissioners court of a county that has a | |||||
population greater than 1.3 million and in which a municipality | |||||
with a population of more than one million is primarily located may | |||||
impose by order an additional fee of not less than 50 cents or more | |||||
than $1.50 for [ |
|||||
The commissioners court of any other county may impose by order an | |||||
additional fee of not more than $1.50 for registering a vehicle in | |||||
the county. | |||||
(b) A vehicle that may be registered under this chapter | |||||
without payment of a registration fee may be registered [ |
|||||
|
|||||
additional fee. | |||||
(c) A fee imposed under this section may take effect [ |
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|
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|
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|
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[ |
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accordance with the provisions of Section 502.401. [ |
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|
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|
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[ |
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[ |
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|
|||||
(d) [ |
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|
|||||
shall be collected for a vehicle when other fees imposed under this | |||||
chapter are collected. | |||||
(e) [ |
|||||
deduct for administrative costs an amount of not more than 10 | |||||
percent of the revenue it receives from the fee. The county may | |||||
also deduct from the fee revenue an amount proportional to the | |||||
percentage of county residents who live in unincorporated areas of | |||||
the county. After making the deductions provided for by this | |||||
subsection, the county shall send the remainder of the fee revenue | |||||
to the municipalities in the county according to their population. | |||||
(f) [ |
|||||
850,000 shall deposit revenue from a fee imposed under this | |||||
subsection to the credit of the child safety trust fund created | |||||
under Section 106.001, Local Government Code. A municipality with a | |||||
population less than 850,000 shall use revenue from a fee imposed | |||||
under this section in accordance with Article 102.014(g), Code of | |||||
Criminal Procedure. | |||||
(g) [ |
|||||
may use revenue from a fee imposed under this section only for a | |||||
purpose permitted by Article 102.014(g) [ |
|||||
|
|||||
SECTION 138. Section 502.174, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.404, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.404 [ |
|||||
FARMER LOAN GUARANTEES. (a) When a person registers a commercial | |||||
motor vehicle under Section 502.433 [ |
|||||
a voluntary assessment of $5. | |||||
(b) The county assessor-collector shall send an assessment | |||||
collected under this section to the comptroller, at the time and in | |||||
the manner prescribed by the Texas Agricultural Finance Authority, | |||||
for deposit in the Texas agricultural fund. | |||||
(c) The Texas Agricultural Finance Authority shall | |||||
prescribe procedures under which an assessment collected under this | |||||
section may be refunded. The county assessor-collector of the | |||||
county in which an assessment is collected shall: | |||||
(1) implement the refund procedures; and | |||||
(2) provide notice of those procedures to a person | |||||
paying an assessment at the time of payment. | |||||
SECTION 139. Section 502.1745, Transportation Code, is | |||||
transferred to Subchapter H, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.405, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.405 [ |
|||||
REGISTRY PROGRAM [ |
|||||
provide to each county assessor-collector the educational | |||||
materials for prospective donors provided as required by the Donor | |||||
Education, Awareness, and Registry Program of Texas under Chapter | |||||
49, Health and Safety Code. The [ |
|||||
|
|||||
office authorized to accept applications for registration of motor | |||||
vehicles. | |||||
(b) A person may elect to pay [ |
|||||
|
|||||
renewal of registration of a motor vehicle to pay the costs of the | |||||
Donor Education, Awareness, and Registry Program of Texas, | |||||
established under Chapter 49, Health and Safety Code, and of the | |||||
Texas Organ, Tissue, and Eye Donor Council, established under | |||||
Chapter 113, Health and Safety Code [ |
|||||
|
|||||
|
|||||
chapter, [ |
|||||
collected under this subsection shall be remitted to the | |||||
comptroller, who shall maintain the identity of the source of the | |||||
fees. | |||||
(c) Three percent of all money collected under this section | |||||
may be appropriated only to the department to administer this | |||||
section. | |||||
SECTION 140. The heading to Subchapter I, Chapter 502, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER I. ALTERNATE REGISTRATION FEES [ |
|||||
|
|||||
SECTION 141. Section 502.164, Transportation Code, is | |||||
transferred to Subchapter I, Chapter 502, Transportation Code, and | |||||
redesignated as Section 502.431, Transportation Code, to read as | |||||
follows: | |||||
Sec. 502.431 [ |
|||||
EXCLUSIVELY TO TRANSPORT AND SPREAD FERTILIZER. The fee for a | |||||
registration year for registration of a motor vehicle designed or | |||||
modified and used exclusively to transport to the field and spread | |||||
fertilizer, including agricultural limestone, is $75. | |||||
SECTION 142. Section 502.1586, Transportation Code, is | |||||
transferred to Subchapter I, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.432, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.432 [ |
|||||
|
|||||
AGRICULTURAL PRODUCTS. (a) The department shall provide for a | |||||
monthly registration period for a truck-tractor or a commercial | |||||
motor vehicle [ |
|||||
(1) that is used exclusively to transport a seasonal | |||||
agricultural product; [ |
|||||
(2) that would otherwise be registered for a vehicle | |||||
registration year; and | |||||
(3) for which the owner can show proof of payment of | |||||
the heavy vehicle use tax or exemption. | |||||
(b) The department shall [ |
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
of the designated registration period. | |||||
(c) [ |
|||||
this section is computed at a rate of one-twelfth the annual | |||||
registration fee under Section 502.253 [ |
|||||
[ |
|||||
number of months in the registration period specified in the | |||||
application for the registration, which may not be less than one | |||||
month or longer than six months. | |||||
(d) [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
agricultural product" includes any transportation activity | |||||
necessary for the production, harvest, or delivery of an | |||||
agricultural product that is produced seasonally. | |||||
SECTION 143. Section 502.163, Transportation Code, is | |||||
transferred to Subchapter I, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.433, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.433 [ |
|||||
[ |
|||||
fee for a commercial motor vehicle as a farm vehicle is 50 percent | |||||
of the applicable fee under Section 502.253 [ |
|||||
vehicle's owner will use the vehicle for commercial purposes only | |||||
to transport: | |||||
(1) the person's own poultry, dairy, livestock, | |||||
livestock products, timber in its natural state, or farm products | |||||
to market or another place for sale or processing; | |||||
(2) laborers from their place of residence to the | |||||
owner's farm or ranch; or | |||||
(3) without charge, materials, tools, equipment, or | |||||
supplies from the place of purchase or storage to the owner's farm | |||||
or ranch exclusively for the owner's use or for use on the farm or | |||||
ranch. | |||||
(b) A commercial motor vehicle may be registered under this | |||||
section despite its use for transporting without charge the owner | |||||
or a member of the owner's family: | |||||
(1) to attend church or school; | |||||
(2) to visit a doctor for medical treatment or | |||||
supplies; or | |||||
(3) for other necessities of the home or family. | |||||
(c) Subsection (b) does not permit the use of a vehicle | |||||
registered under this section in connection with gainful employment | |||||
other than farming or ranching. | |||||
(d) The department shall provide distinguishing license | |||||
plates for a vehicle registered under this section. | |||||
[ |
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|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
SECTION 144. Section 502.351, Transportation Code, is | |||||
transferred to Subchapter I, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.434, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.434 [ |
|||||
The owner of a registered commercial motor vehicle, truck-tractor, | |||||
trailer, or semitrailer may obtain a short-term permit to haul | |||||
loads of a weight more than that for which the vehicle is registered | |||||
by paying an additional fee before the additional weight is hauled | |||||
to transport: | |||||
(1) the person's own seasonal agricultural products to | |||||
market or another point for sale or processing; | |||||
(2) seasonal laborers from their place of residence to | |||||
a farm or ranch; or | |||||
(3) materials, tools, equipment, or supplies, without | |||||
charge, from the place of purchase or storage to a farm or ranch | |||||
exclusively for use on the farm or ranch. | |||||
(b) A permit may not be issued under this section for a | |||||
period that is less than one month or that: | |||||
(1) is greater than one year; or | |||||
(2) extends beyond the expiration of the registration | |||||
year for the vehicle. | |||||
(c) A permit issued under this section for a quarter must be | |||||
for a calendar quarter. | |||||
(d) The fee for a permit under this section is a percentage | |||||
of the difference between the registration fee otherwise prescribed | |||||
[ |
|||||
weight, as follows: | |||||
|
|||||
|
|||||
|
|||||
|
|||||
(e) The department shall design, prescribe, and furnish a | |||||
sticker, plate, or other means of indicating the additional weight | |||||
and the registration period for each vehicle registered under this | |||||
section. | |||||
SECTION 145. Section 502.188, Transportation Code, is | |||||
transferred to Subchapter I, Chapter 502, Transportation Code, | |||||
redesignated as Section 502.435, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.435 [ |
|||||
EQUIPMENT. (a) The owner of a truck-tractor, semitrailer, or | |||||
low-boy trailer used on a highway exclusively to transport the | |||||
owner's soil conservation machinery or equipment used in clearing | |||||
real property, terracing, or building farm ponds, levees, or | |||||
ditches may register the vehicle for a fee equal to 50 percent of | |||||
the fee otherwise prescribed by this chapter for the vehicle. | |||||
(b) An owner may register only one truck-tractor and only | |||||
one semitrailer or low-boy trailer under this section. | |||||
(c) An owner [ |
|||||
must certify [ |
|||||
only as provided by Subsection (a). | |||||
(d) The registration receipt issued for a vehicle | |||||
registered under this section must be carried in or on the vehicle | |||||
and [ |
|||||
may be used. [ |
|||||
|
|||||
(e) A vehicle to which this section applies that is operated | |||||
on a public highway in violation of this section is considered to be | |||||
operated while unregistered and is immediately subject to the | |||||
applicable registration fees and penalties prescribed by this | |||||
chapter. | |||||
SECTION 146. Chapter 502, Transportation Code, is amended | |||||
by adding Subchapter J to read as follows: | |||||
SUBCHAPTER J. REGISTRATIONS EXEMPT FROM FEES | |||||
SECTION 147. Section 502.201, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter J, | |||||
Chapter 502, Transportation Code, as added by this Act, | |||||
redesignated as Section 502.451, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 502.451 [ |
|||||
VEHICLES. (a) Before license plates are issued or delivered to | |||||
the owner of a vehicle that is exempt by law from payment of | |||||
registration fees, the department must approve the application for | |||||
registration. The department may not approve an application if | |||||
there is the appearance that: | |||||
(1) the vehicle was transferred to the owner or | |||||
purported owner: | |||||
(A) for the sole purpose of evading the payment | |||||
of registration fees; or | |||||
(B) in bad faith; or | |||||
(2) the vehicle is not being used in accordance with | |||||
the exemption requirements. | |||||
(b) The department shall revoke the registration of a | |||||
vehicle issued license plates under this section and may recall the | |||||
plates if the vehicle is no longer: | |||||
(1) owned and operated by the person whose ownership | |||||
of the vehicle qualified the vehicle for the exemption; or | |||||
(2) used in accordance with the exemption | |||||
requirements. | |||||
(c) [ |
|||||
issuance of specially designated license plates for vehicles that | |||||
are exempt by law. Except as provided by Subsection (f) [ |
|||||
license plates must bear the word "exempt." | |||||
(d) [ |
|||||
issued annually, but remains on the vehicle until: | |||||
(1) the registration is revoked as provided by | |||||
Subsection (b); or | |||||
(2) the plate is lost, stolen, or mutilated. | |||||
(e) [ |
|||||
vehicle after the registration has been revoked is liable for the | |||||
penalties for failing to register a vehicle. | |||||
(f) [ |
|||||
issuance of regularly designed license plates not bearing the word | |||||
"exempt" for a vehicle that is exempt by law and that is: | |||||
(1) a law enforcement vehicle, if the agency certifies | |||||
to the department that the vehicle will be dedicated to law | |||||
enforcement activities; | |||||
(2) a vehicle exempt from inscription requirements | |||||
under a rule adopted as provided by Section 721.003; or | |||||
(3) a vehicle exempt from inscription requirements | |||||
under an order or ordinance adopted by a governing body of a | |||||
municipality or commissioners court of a county as provided by | |||||
Section 721.005, if the applicant presents a copy of the order or | |||||
ordinance. | |||||
SECTION 148. Section 502.2015, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.452, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.452 [ |
|||||
LICENSE PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department | |||||
may not issue exempt license plates for a vehicle owned by the | |||||
United States, this state, or a political subdivision of this state | |||||
unless when application is made for registration of the vehicle, | |||||
the person who under Section 502.453 [ |
|||||
certify to the department that the vehicle qualifies for | |||||
registration under that section also certifies in writing to the | |||||
department that there is printed on each side of the vehicle, in | |||||
letters that are at least two inches high or in an emblem that is at | |||||
least 100 square inches in size, the name of the agency, department, | |||||
bureau, board, commission, or officer of the United States, this | |||||
state, or the political subdivision of this state that has custody | |||||
of the vehicle. The letters or emblem must be of a color | |||||
sufficiently different from the body of the vehicle to be clearly | |||||
legible from a distance of 100 feet. | |||||
(b) The department may not issue exempt license plates for a | |||||
vehicle owned by a person other than the United States, this state, | |||||
or a political subdivision of this state unless, when application | |||||
is made for registration of the vehicle, the person who under | |||||
Section 502.453 [ |
|||||
department that the vehicle qualifies for registration under that | |||||
section also certifies in writing to the department that the name of | |||||
the owner of the vehicle is printed on the vehicle in the manner | |||||
prescribed by Subsection (a). | |||||
(c) A peace officer listed in Article 2.12, Code of Criminal | |||||
Procedure, may seize a motor vehicle displaying exempt license | |||||
plates if the vehicle is: | |||||
(1) operated on a public highway; and | |||||
(2) not identified in the manner prescribed by | |||||
Subsection (a) or (b), unless the vehicle is covered by Subsection | |||||
(f). | |||||
(d) A peace officer who seizes a motor vehicle under | |||||
Subsection (c) may require that the vehicle be: | |||||
(1) moved to the nearest place of safety off the | |||||
main-traveled part of the highway; or | |||||
(2) removed and placed in the nearest vehicle storage | |||||
facility designated or maintained by the law enforcement agency | |||||
that employs the peace officer. | |||||
(e) To obtain the release of the vehicle, in addition to any | |||||
other requirement of law, the owner of a vehicle seized under | |||||
Subsection (c) must: | |||||
(1) remedy the defect by identifying the vehicle as | |||||
required by Subsection (a) or (b); or | |||||
(2) agree in writing with the law enforcement agency | |||||
to provide evidence to that agency, before the 10th day after the | |||||
date the vehicle is released, that the defect has been remedied by | |||||
identifying the vehicle as required by Subsection (a) or (b). | |||||
(f) Subsections (a) and (b) do not apply to a vehicle to | |||||
which Section 502.451(f) [ |
|||||
(g) For purposes of this section, an exempt license plate is | |||||
a license plate issued by the department that is plainly marked with | |||||
the word "exempt." | |||||
SECTION 149. Section 502.202, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.453, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.453 [ |
|||||
SCHOOL BUSES; FIRE-FIGHTING VEHICLES; COUNTY MARINE LAW | |||||
ENFORCEMENT VEHICLES. (a) The owner of a motor vehicle, trailer, | |||||
or semitrailer may annually apply for registration under Section | |||||
502.451 [ |
|||||
fee under this chapter if the vehicle is: | |||||
(1) owned by and used exclusively in the service of: | |||||
(A) the United States; | |||||
(B) this state; or | |||||
(C) a county, municipality, or school district in | |||||
this state; | |||||
(2) owned by a commercial transportation company and | |||||
used exclusively to provide public school transportation services | |||||
to a school district under Section 34.008, Education Code; | |||||
(3) designed and used exclusively for fire fighting; | |||||
(4) owned by a volunteer fire department and used | |||||
exclusively in the conduct of department business; [ |
|||||
(5) privately owned and used by a volunteer | |||||
exclusively in county marine law enforcement activities, including | |||||
rescue operations, under the direction of the sheriff's department; | |||||
or | |||||
(6) used by law enforcement under an alias for covert | |||||
criminal investigations. | |||||
(b) An application for registration under this section must | |||||
be made by a person having the authority to certify that the vehicle | |||||
meets the exemption requirements prescribed by Subsection (a). An | |||||
application for registration under this section of a fire-fighting | |||||
vehicle described by Subsection (a)(3) must include a reasonable | |||||
description of the vehicle and of any fire-fighting equipment | |||||
mounted on the vehicle. An application for registration under this | |||||
section of a vehicle described by Subsection (a)(5) must include a | |||||
statement signed by a person having the authority to act for a | |||||
sheriff's department that the vehicle is used exclusively in marine | |||||
law enforcement activities under the direction of the sheriff's | |||||
department. | |||||
SECTION 150. Section 502.203, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.454, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.454 [ |
|||||
RELIEF ORGANIZATIONS. (a) The owner of a commercial motor vehicle, | |||||
trailer, or semitrailer may apply for registration under Section | |||||
502.451 [ |
|||||
registration fee that would otherwise be required by this chapter | |||||
if the vehicle is owned and used exclusively for emergencies by a | |||||
nonprofit disaster relief organization. | |||||
(b) An application for registration under this section must | |||||
include: | |||||
(1) a statement by the owner of the vehicle that the | |||||
vehicle is used exclusively for emergencies and has not been used | |||||
for any other purpose; | |||||
(2) a statement signed by an officer of the nonprofit | |||||
disaster relief organization that the vehicle has not been used for | |||||
any purpose other than emergencies and qualifies for registration | |||||
under this section; and | |||||
(3) a reasonable description of the vehicle and the | |||||
emergency equipment included in the vehicle. | |||||
(c) An applicant for registration under this section must | |||||
pay a fee of $5. | |||||
(d) A commercial motor vehicle registered under this | |||||
section must display the name of the organization that owns it on | |||||
each front door. | |||||
(e) A vehicle registered under this section must display at | |||||
all times an appropriate license plate showing the vehicle's | |||||
status. | |||||
(f) A vehicle registered under this section that is used for | |||||
any purpose other than an emergency may not again be registered | |||||
under this section. | |||||
SECTION 151. Section 502.2035, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, and redesignated as Section 502.455, | |||||
Transportation Code, to read as follows: | |||||
Sec. 502.455 [ |
|||||
RELIGIOUS ORGANIZATIONS. (a) A trailer or semitrailer may be | |||||
registered without payment if the trailer or semitrailer is: | |||||
(1) owned by an organization that qualifies as a | |||||
religious organization under Section 11.20, Tax Code; and | |||||
(2) used primarily for the purpose of transporting | |||||
property in connection with the charitable activities and functions | |||||
of the organization. | |||||
(b) An application for registration under this section must | |||||
include a statement signed by an officer of the religious | |||||
organization stating that the trailer or semitrailer qualifies for | |||||
registration under this section. | |||||
SECTION 152. Section 502.204, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.456, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.456 [ |
|||||
vehicle may be registered without payment if: | |||||
(1) the vehicle is owned or leased by an emergency | |||||
medical services provider that: | |||||
(A) is a nonprofit entity; or | |||||
(B) is created and operated by: | |||||
(i) a county; | |||||
(ii) a municipality; or | |||||
(iii) any combination of counties and | |||||
municipalities through a contract, joint agreement, or other method | |||||
provided by Chapter 791, Government Code, or other law authorizing | |||||
counties and municipalities to provide joint programs; and | |||||
(2) the vehicle: | |||||
(A) is authorized under an emergency medical | |||||
services provider license issued by the Department of State [ |
|||||
|
|||||
Code, and is used exclusively as an emergency medical services | |||||
vehicle; or | |||||
(B) is an emergency medical services chief or | |||||
supervisor vehicle and is used exclusively as an emergency services | |||||
vehicle. | |||||
(b) A vehicle may be registered without payment of a | |||||
registration fee if the vehicle: | |||||
(1) is owned by the Civil Air Patrol, Texas Wing; and | |||||
(2) is used exclusively as an emergency services | |||||
vehicle by members of the Civil Air Patrol, Texas Wing. | |||||
(c) An application for registration under Subsection (a) | |||||
must be accompanied by a copy of the license issued by the | |||||
Department of State [ |
|||||
application for registration of an emergency medical services | |||||
vehicle must include a statement signed by an officer of the | |||||
emergency medical services provider that the vehicle is used | |||||
exclusively as an emergency response vehicle and qualifies for | |||||
registration under this section. An application for registration | |||||
of an emergency medical services chief or supervisor vehicle must | |||||
include a statement signed by an officer of the emergency medical | |||||
services provider stating that the vehicle qualifies for | |||||
registration under this section. | |||||
(d) An application for registration under Subsection (b) | |||||
must include a statement signed by an officer of the Civil Air | |||||
Patrol, Texas Wing, that the vehicle is used exclusively as an | |||||
emergency services vehicle by members of the Civil Air Patrol, | |||||
Texas Wing. | |||||
(e) The department must approve an application for | |||||
registration under this section as provided by Section 502.451 | |||||
[ |
|||||
SECTION 153. Section 520.0225, Transportation Code, is | |||||
transferred to Subchapter J, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.457, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.457 [ |
|||||
FORCES OF UNITED STATES. (a) This section applies only to a used | |||||
motor vehicle that is owned by a person who: | |||||
(1) is on active duty in the armed forces of the United | |||||
States; | |||||
(2) is stationed in or has been assigned to another | |||||
nation under military orders; and | |||||
(3) has registered the vehicle or been issued a | |||||
license for the vehicle under the applicable status of forces | |||||
agreement by: | |||||
(A) the appropriate branch of the armed forces of | |||||
the United States; or | |||||
(B) the nation in which the person is stationed | |||||
or to which the person has been assigned. | |||||
(b) The requirement [ |
|||||
be registered under the law of this state does not apply to a | |||||
vehicle described by Subsection (a). In lieu of delivering the | |||||
license receipt to the transferee of the vehicle, as required by | |||||
Section 501.0721 [ |
|||||
otherwise transferring a used motor vehicle described by Subsection | |||||
(a) shall deliver to the transferee: | |||||
(1) a letter written on official letterhead by the | |||||
owner's unit commander attesting to the registration of the vehicle | |||||
under Subsection (a)(3); or | |||||
(2) the registration receipt issued by the appropriate | |||||
branch of the armed forces or host nation. | |||||
(c) A registration receipt issued by a host nation that is | |||||
not written in the English language must be accompanied by: | |||||
(1) a written translation of the registration receipt | |||||
in English; and | |||||
(2) an affidavit, in English and signed by the person | |||||
translating the registration receipt, attesting to the person's | |||||
ability to translate the registration receipt into English. | |||||
SECTION 154. Chapter 502, Transportation Code, is amended | |||||
by adding Subchapter K to read as follows: | |||||
SUBCHAPTER K. OFFENSES AND PENALTIES | |||||
SECTION 155. Section 502.401, Transportation Code, is | |||||
transferred to Subchapter K, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.471, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.471 [ |
|||||
commits an offense if the person violates a provision of this | |||||
chapter and no other penalty is prescribed for the violation. | |||||
(b) This section does not apply to a violation of Section | |||||
502.003, 502.042, 502.197 [ |
|||||
|
|||||
(c) Unless otherwise specified, an [ |
|||||
section is a misdemeanor punishable by a fine not to exceed $200. | |||||
SECTION 156. Section 502.402, Transportation Code, is | |||||
transferred to Subchapter K, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.472, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.472 [ |
|||||
REGISTRATION [ |
|||||
an offense if the person operates a motor vehicle that has not been | |||||
registered or registered for a class other than that to which the | |||||
vehicle belongs as required by law. [ |
|||||
|
|||||
|
|||||
SECTION 157. Section 502.404, Transportation Code, is | |||||
transferred to Subchapter K, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.473, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.473 [ |
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
a public highway during a registration period a [ |
|||||
|
|||||
|
|||||
the registration insignia issued by the department that establishes | |||||
that the license plates have been validated for the period. | |||||
(b) [ |
|||||
on a public highway during a registration period a road tractor, | |||||
motorcycle, trailer, or semitrailer that does not display [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
the department that establishes that the vehicle is registered for | |||||
the period. | |||||
(c) This section does [ |
|||||
apply to a dealer operating a vehicle as provided by law. | |||||
(d) [ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
(a) [ |
|||||
(1) shows that[ |
|||||
[ |
|||||
vehicle was issued a registration insignia by the department that | |||||
was attached to the motor vehicle, establishing that [ |
|||||
|
|||||
offense was committed; and | |||||
[ |
|||||
|
|||||
|
|||||
(2) pays an administrative fee not to exceed $10. | |||||
SECTION 158. Subchapter K, Chapter 502, Transportation | |||||
Code, as added by this Act, is amended by adding Section 502.474 to | |||||
read as follows: | |||||
Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A | |||||
person commits an offense if the person operates a vehicle for which | |||||
a one-trip permit is required without the registration receipt and | |||||
properly displayed temporary tag. | |||||
SECTION 159. Section 502.409, Transportation Code, is | |||||
transferred to Subchapter K, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.475, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.475 [ |
|||||
OBSCURED INSIGNIA [ |
|||||
if the person attaches to or displays on a motor vehicle a [ |
|||||
|
|||||
(1) is assigned to a different motor vehicle; | |||||
(2) is assigned to the vehicle under any other motor | |||||
vehicle law other than by the department; | |||||
(3) is assigned for a registration period other than | |||||
the registration period in effect; or | |||||
(4) is fictitious[ |
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
(b) Except as provided by Subsection (d) [ |
|||||
under Subsection (a) is a misdemeanor punishable by a fine of not | |||||
more than $200, unless it is shown at the trial of the offense that | |||||
the owner knowingly altered or made illegible the letters, numbers, | |||||
and other identification marks, in which case the offense is a Class | |||||
B misdemeanor. | |||||
(c) [ |
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
[ |
|||||
|
|||||
[ |
|||||
(a)(3)[ |
|||||
(1) remedies the defect before the defendant's first | |||||
court appearance; and | |||||
(2) pays an administrative fee not to exceed $10. | |||||
(d) [ |
|||||
misdemeanor. | |||||
SECTION 160. Subchapter K, Chapter 502, Transportation | |||||
Code, as added by this Act, is amended by adding Sections 502.476, | |||||
502.477, 502.478, and 502.479 to read as follows: | |||||
Sec. 502.476. ANNUAL PERMITS; OFFENSE. A person who | |||||
violates Section 502.093 commits an offense. | |||||
Sec. 502.477. NONRESIDENT-OWNED VEHICLES USED TO TRANSPORT | |||||
AGRICULTURAL PRODUCT; OFFENSE. (a) A person operating a vehicle | |||||
under a permit issued under Section 502.092 commits an offense if | |||||
the person transports farm products to a place of market, storage, | |||||
or processing or a railhead or seaport that is farther from the | |||||
place of production or point of entry, as appropriate, than the | |||||
distance provided for in the permit. | |||||
(b) An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $25 or more than $200. | |||||
Sec. 502.478. COMMERCIAL MOTOR VEHICLE USED PRIMARILY FOR | |||||
AGRICULTURAL PURPOSES; OFFENSE. (a) The owner of a commercial | |||||
motor vehicle registered under Section 502.433 commits an offense | |||||
if the person uses or permits the use of the vehicle for a purpose | |||||
other than one allowed under Section 502.433. Each use or | |||||
permission of use in violation of this section is a separate | |||||
offense. | |||||
(b) An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $25 or more than $200. | |||||
Sec. 502.479. SEASONAL AGRICULTURAL VEHICLE; OFFENSE. A | |||||
person issued a registration under Section 502.432 commits an | |||||
offense if the person, during the registration period, uses the | |||||
truck-tractor or commercial motor vehicle for a purpose other than | |||||
to transport a seasonal agricultural product. | |||||
SECTION 161. Section 520.014, Transportation Code, is | |||||
transferred to Subchapter K, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.480, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.480 [ |
|||||
ASSESSOR-COLLECTOR; PENALTY. (a) A county assessor-collector | |||||
commits an offense if the county assessor-collector knowingly | |||||
accepts an application for the registration of a motor vehicle | |||||
that: | |||||
(1) has had the original motor number or vehicle | |||||
identification number removed, erased, or destroyed; and | |||||
(2) does not bear a motor number or vehicle | |||||
identification number assigned by the department. | |||||
(b) An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $10 and not more than $50. | |||||
SECTION 162. Chapter 502, Transportation Code, is amended | |||||
by adding Subchapter L to read as follows: | |||||
SUBCHAPTER L. REGISTRATION AND TRANSFER OF USED VEHICLES | |||||
SECTION 163. Section 502.451, Transportation Code, is | |||||
transferred to Subchapter L, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.491, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.491 [ |
|||||
[ |
|||||
motor vehicle [ |
|||||
|
|||||
|
|||||
insignia issued for the motor vehicle shall be removed. | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
(b) [ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
|
|||||
[ |
|||||
time of the sale or transfer shall continue with the vehicle being | |||||
sold or transferred and does not transfer with the license plates or | |||||
registration validation insignia. To continue the remainder of | |||||
the registration period, the purchaser or transferee must file the | |||||
documents required under Section 501.145 [ |
|||||
SECTION 164. Section 502.454, Transportation Code, is | |||||
transferred to Subchapter L, Chapter 502, Transportation Code, as | |||||
added by this Act, redesignated as Section 502.492, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 502.492 [ |
|||||
VEHICLE PURCHASED [ |
|||||
purchaser [ |
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temporary transit [ |
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(1) that is subject to registration in this state; | |||||
(2) from which the license plates and the registration | |||||
insignia have been removed as authorized by Section 502.491 or | |||||
504.901 [ |
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(3) that is not authorized to travel on a public | |||||
roadway because the required license plates and the registration | |||||
insignia are not attached to the vehicle. | |||||
(b) The department may issue the permit in accordance with | |||||
this section. | |||||
(c) A permit issued under this section is valid for one trip | |||||
between the point of origin and the destination and those | |||||
intermediate points specified in the permit. | |||||
(d) A permit issued under this section may not be valid for | |||||
longer than a five-day period. | |||||
(e) A person may obtain a permit under this section by | |||||
applying, as [ |
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department. Application may be made using the department's | |||||
Internet website. | |||||
(f) A person is eligible to receive only one permit under | |||||
this section for a motor vehicle. | |||||
(g) A permit receipt issued under this section must be in | |||||
[ |
|||||
contain the information required by this section and shall be | |||||
carried in the vehicle at all times during which it is valid. | |||||
(h) The department may refuse to issue a permit under this | |||||
section for any vehicle if in the department's opinion the | |||||
applicant has been involved in operations that constitute an abuse | |||||
of the privilege granted under this section. | |||||
SECTION 165. The heading to Chapter 504, Transportation | |||||
Code, is amended to read as follows: | |||||
CHAPTER 504. [ |
|||||
SECTION 166. Section 504.001(a), Transportation Code, is | |||||
amended by adding Subdivision (3) to read as follows: | |||||
(3) "Purchaser" and "seller" have the meanings | |||||
assigned by Section 501.002. | |||||
SECTION 167. Section 504.004, Transportation Code, is | |||||
redesignated as Section 504.0011, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 504.0011 [ |
|||||
adopt rules [ |
|||||
administer this chapter. | |||||
SECTION 168. Section 504.002, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 504.002. [ |
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[ |
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department rule: | |||||
(1) except for license plates specified as exempt, | |||||
[ |
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[ |
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[ |
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plate, including replacement plates, is in addition to each other | |||||
fee that is paid for [ |
|||||
motor vehicle and shall be deposited to the credit of the state | |||||
highway fund; | |||||
(2) if the registration period is greater than 12 | |||||
months, the expiration date of a specialty license plate, symbol, | |||||
tab, or other device shall be aligned with the registration period, | |||||
and the specialty plate fee shall be adjusted pro rata, except that | |||||
if the statutory annual fee for a specialty license plate is $5 or | |||||
less, it may not be prorated; | |||||
(3) [ |
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[ |
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design of each [ |
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(4) [ |
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[ |
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|
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[ |
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or mutilated, an application for a replacement plate must be | |||||
accompanied by the fee prescribed by Section 502.060 | |||||
[ |
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[ |
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|
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|
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|
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and | |||||
(5) the department shall prepare the designs and | |||||
specifications of license plates [ |
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|
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|
|||||
SECTION 169. Section 504.103, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 504, Transportation Code, | |||||
redesignated as Section 504.005, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 504.005 [ |
|||||
(a) The department has sole control over the design, typeface, | |||||
color, and alphanumeric pattern for all [ |
|||||
plates [ |
|||||
(b) The department shall prepare the designs and | |||||
specifications of license plates and devices selected by the board | |||||
to be used as a unique identifier. | |||||
(c) The department shall design each license plate to | |||||
include a design at least one-half inch wide that represents in | |||||
silhouette the shape of Texas and that appears between letters and | |||||
numerals. The department may omit the silhouette of Texas from | |||||
specially designed license plates. | |||||
(d) To promote highway safety, each license plate shall be | |||||
made with a reflectorized material that provides effective and | |||||
dependable brightness for the period for which the plate is issued. | |||||
SECTION 170. Subchapter A, Chapter 504, Transportation | |||||
Code, is amended by adding Section 504.0051 to read as follows: | |||||
Sec. 504.0051. PERSONALIZED LICENSE PLATES. (a) The | |||||
department shall issue personalized license plates, including | |||||
those issued in accordance with the marketing vendor as provided in | |||||
Subchapter J. The department may not issue more than one set of | |||||
license plates with the same alphanumeric pattern. | |||||
(b) The department may not issue a replacement set of | |||||
personalized plates to the same person before the period set by rule | |||||
unless the applicant for issuance of replacement plates pays the | |||||
fee required by Section 504.007. | |||||
SECTION 171. Section 502.053, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 504, Transportation Code, | |||||
redesignated as Section 504.006, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 504.006 [ |
|||||
|
|||||
reimburse the Texas Department of Criminal Justice for the cost of | |||||
manufacturing license plates [ |
|||||
|
|||||
license plates [ |
|||||
(b) When manufacturing is started, the Texas Department of | |||||
Criminal Justice and [ |
|||||
after negotiation, shall set the price to be paid for each license | |||||
plate [ |
|||||
(1) the cost of metal, paint, and other materials | |||||
purchased; | |||||
(2) the inmate maintenance cost per shift [ |
|||||
(3) overhead expenses; | |||||
(4) miscellaneous charges; and | |||||
(5) a previously agreed upon [ |
|||||
profit for the work. | |||||
[ |
|||||
|
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|
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|
|||||
|
|||||
SECTION 172. Section 502.1841, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter A, | |||||
Chapter 504, Transportation Code, redesignated as Section 504.007, | |||||
Transportation Code, and amended to read as follows: | |||||
Sec. 504.007 [ |
|||||
The owner of a registered motor vehicle may obtain replacement | |||||
license plates for the vehicle by: | |||||
(1) certifying that the replacement plates will not be | |||||
used on any other vehicle owned or operated by the person making the | |||||
statement; | |||||
(2) paying a fee of $6 plus the fee required by Section | |||||
502.356(a) [ |
|||||
plates, unless otherwise specified by law; and | |||||
(3) returning to the department each license plate in | |||||
the owner's possession for which a replacement license plate is | |||||
obtained. | |||||
(b) Replacement license plates may not be issued except as | |||||
provided by this section. | |||||
(c) A county assessor-collector shall retain $2.50 of each | |||||
fee collected under this section and forward the remainder of the | |||||
fee to the department. | |||||
(d) The fee required by this section applies to the issuance | |||||
of license plates for a transferred used vehicle for which the | |||||
registration and license plates were not transferred under Section | |||||
504.901 [ |
|||||
(e) Replacement license plates may be used in the | |||||
registration year in which the plates are issued and during each | |||||
succeeding year of the registration period as set by rule if the | |||||
registration insignia is properly displayed on the vehicle. | |||||
(f) Subsection (e) does not apply to the issuance of | |||||
specialized license plates for limited distribution, including | |||||
state official license plates, exempt plates for governmental | |||||
entities, and temporary registration plates. | |||||
SECTION 173. Subchapter A, Chapter 504, Transportation | |||||
Code, is amended by adding Section 504.008 to read as follows: | |||||
Sec. 504.008. SPECIALTY LICENSE PLATES. (a) The | |||||
department shall prepare the designs and specifications of | |||||
specialty license plates. | |||||
(b) Any motor vehicle other than a vehicle manufactured for | |||||
off-highway use only is eligible to be issued specialty license | |||||
plates, provided that the department may vary the design of a | |||||
license plate to accommodate or reflect its use on a motor vehicle | |||||
other than a passenger car or light truck. | |||||
(c) An application for specialty license plates must be | |||||
submitted in the manner specified by the department, provided that | |||||
if issuance of a specialty license plate is limited to particular | |||||
persons or motor vehicles, the application must be accompanied by | |||||
evidence satisfactory to the department that the applicant or the | |||||
applicant's vehicle is eligible. | |||||
(d) Each fee described by this chapter is an annual fee, | |||||
provided that the department may prorate the fee for a specialty | |||||
license plate fee on a monthly basis to align the license plate fee | |||||
to the registration month for the motor vehicle for which the | |||||
license plate was issued, and if a fee is prorated the allocation of | |||||
the fee by this chapter to an account or fund shall be prorated in | |||||
proportion. | |||||
(e) The director or the director's designee may refuse to | |||||
issue a specialty license plate with a design or alphanumeric | |||||
pattern that the director or designee considers potentially | |||||
objectionable to one or more members of the public and the director | |||||
or designee's refusal may not be overturned in the absence of an | |||||
abuse of discretion. | |||||
(f) For each specialty license plate that is issued by a | |||||
county assessor-collector and for which the department is allocated | |||||
a portion of the fee for administrative costs, the department shall | |||||
credit 50 cents from its administrative costs to the county | |||||
treasurer of the applicable county, who shall credit the money to | |||||
the general fund of the county to defray the costs to the county of | |||||
administering this chapter. | |||||
(g) If the owner of a motor vehicle for which a specialty | |||||
license plate is issued disposes of the vehicle or for any reason | |||||
ceases to be eligible for that specialty license plate, the owner | |||||
shall return the specialty license plate to the department. | |||||
(h) A person who is issued a specialty license plate may not | |||||
transfer the plate to another person or vehicle unless the | |||||
department approves the transfer. | |||||
SECTION 174. Section 504.003, Transportation Code, is | |||||
redesignated as Section 504.009, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 504.009 [ |
|||||
department may issue a souvenir version of any specialty license | |||||
plate for any vehicle[ |
|||||
(b) The fee for a single souvenir license plate is $20. The | |||||
fee shall be deposited to the credit of the state highway fund | |||||
unless the souvenir license plate is a replica of a specialty | |||||
license plate issued under Subchapter G or I for which the fee is | |||||
deposited to an account other than the state highway fund, in which | |||||
case: | |||||
(1) $10 of the fee for the souvenir license plate shall | |||||
be deposited to the credit of the designated account; and | |||||
(2) $10 of the fee for the souvenir license plate shall | |||||
be deposited to the credit of the state highway fund. | |||||
(c) If a souvenir license plate issued before September 1, | |||||
2009, is personalized, the fee for the plate is $40. Of the fee: | |||||
(1) $20 shall be deposited to the credit of the state | |||||
highway fund; | |||||
(2) $10 shall be deposited to the credit of the | |||||
designated account if the souvenir license plate is a replica of a | |||||
specialty license plate issued under Subchapter G or I for which the | |||||
fee is deposited to a designated account other than the state | |||||
highway fund; and | |||||
(3) the remainder shall be deposited to the credit of | |||||
the general revenue fund. | |||||
(c-1) The fee for a souvenir license plate issued on or | |||||
after September 1, 2009, is the amount established under Section | |||||
504.851(c). | |||||
(d) A souvenir license plate may not be used on a motor | |||||
vehicle[ |
|||||
registration for a motor vehicle. Each souvenir license plate must | |||||
be identified by the department in a way that identifies it to law | |||||
enforcement officers and others as a souvenir license plate. | |||||
(e) A beneficiary of a specialty license plate issued under | |||||
Subchapter G or I, as designated by the applicable section of those | |||||
subchapters, may purchase the specialty license plates, in minimum | |||||
amounts determined by the department [ |
|||||
resale by the beneficiary. The beneficiary shall pay the required | |||||
fee per plate, less the amount of the fee that would be deposited to | |||||
the credit of the designated account. | |||||
SECTION 175. Subchapter A, Chapter 504, Transportation | |||||
Code, is amended by adding Section 504.010 to read as follows: | |||||
Sec. 504.010. ISSUANCE AND PLACEMENT OF LICENSE PLATE. (a) | |||||
On payment of the prescribed fee, an applicant for motor vehicle | |||||
registration shall be issued a license plate or set of plates. | |||||
(b) Subject to Section 504.901, the department shall issue | |||||
only one license plate or set of plates for a vehicle during the | |||||
registration period set by rule. | |||||
(c) Except as provided by this subsection, the two license | |||||
plates for a motor vehicle must be securely fastened at the exterior | |||||
front and rear of the vehicle in a horizontal position with not less | |||||
than 12 inches between the bottom of the license plate and the | |||||
ground. A vehicle described by Section 621.2061 may place the rear | |||||
license plate so that it is clearly visible. | |||||
(d) The license plate for a road tractor, motorcycle, | |||||
trailer, or semitrailer must be securely fastened at or as close as | |||||
practical to the exterior rear of the vehicle in a position with not | |||||
less than 12 inches between the bottom of the license plate and the | |||||
ground. | |||||
SECTION 176. Sections 504.201(b), (d), and (g), | |||||
Transportation Code, are amended to read as follows: | |||||
(b) The department shall issue specialty license plates for | |||||
a motor vehicle that: | |||||
(1) has a gross vehicle weight [ |
|||||
|
|||||
(2) is regularly operated for noncommercial use by or | |||||
for the transportation of a person with a permanent disability. | |||||
(d) Except as provided by Subsection (d-1), the initial | |||||
application for specialty license plates under this section must be | |||||
accompanied by a written statement from a physician who is licensed | |||||
to practice medicine in this state or in a state adjacent to this | |||||
state or who is authorized by applicable law to practice medicine in | |||||
a hospital or other health facility of the Department of Veterans | |||||
Affairs. If the applicant has a mobility problem caused by a | |||||
disorder of the foot, the written statement may be issued by a | |||||
person licensed to practice podiatry in this state or a state | |||||
adjacent to this state. In this subsection, "podiatry" has the | |||||
meaning assigned by Section 681.001. The statement must certify | |||||
that the person making the application or on whose behalf the | |||||
application is made is legally blind or has a mobility problem that | |||||
substantially impairs the person's ability to ambulate. The | |||||
statement must also certify whether a mobility problem is temporary | |||||
or permanent. A written statement is not required as acceptable | |||||
medical proof if: | |||||
(1) the person with a disability: | |||||
(A) has had a limb, hand, or foot amputated; or | |||||
(B) must use a wheelchair; and | |||||
(2) the applicant executes a statement [ |
|||||
|
|||||
|
|||||
assessor-collector. | |||||
(g) In addition to a license plate issued under this | |||||
section, an eligible person is entitled to be issued a set of the | |||||
license plates for each motor vehicle owned by the person that has a | |||||
gross vehicle weight [ |
|||||
|
|||||
(1) is designed to allow a person who has lost the use | |||||
of one or both of the person's legs to operate the vehicle; and | |||||
(2) is not standard equipment on that type of vehicle | |||||
for use by a person who has use of both legs. | |||||
SECTION 177. Sections 504.202(b) and (f), 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 [ |
|||||
|
|||||
(f) The fee for the first set of license plates is $3. There | |||||
is no fee for each additional set of license plates. [ |
|||||
|
|||||
|
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SECTION 178. Section 504.203(b), Transportation Code, is | |||||
amended to read as follows: | |||||
(b) An application for license plates under this section | |||||
must be accompanied by a written statement acknowledged [ |
|||||
the administrator or manager of the institution, facility, or | |||||
retirement community certifying that the institution, facility, or | |||||
retirement community regularly transports, as a part of the | |||||
services that the institution, facility, or retirement community | |||||
provides, one or more eligible persons who reside in the | |||||
institution, facility, or retirement community. The department | |||||
shall determine the eligibility of the institution, facility, or | |||||
retirement community on the evidence the applicant provides. | |||||
SECTION 179. Section 504.3011, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 504.3011. DESIGN OF CERTAIN LICENSE PLATES FOR THE | |||||
MILITARY. [ |
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|
|||||
|
|||||
[ |
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|
|||||
|
|||||
[ |
|||||
that bear a color depiction of the emblem of the appropriate branch | |||||
of the United States armed forces or a color depiction of the | |||||
appropriate medal as provided by the United States Department of | |||||
Defense [ |
|||||
|
|||||
SECTION 180. Section 504.315(d), Transportation Code, is | |||||
amended to read as follows: | |||||
(d) The department shall issue specialty license plates for | |||||
survivors of the attack on Pearl Harbor on December 7, 1941. The | |||||
license plates must include the words "Pearl Harbor Survivor." [ |
|||||
|
|||||
person: | |||||
(1) served in the United States armed forces; | |||||
(2) was stationed in the Hawaiian Islands on December | |||||
7, 1941; and | |||||
(3) survived the attack on Pearl Harbor on December 7, | |||||
1941. | |||||
SECTION 181. Subchapter E, Chapter 504, Transportation | |||||
Code, is amended by adding Section 504.400 to read as follows: | |||||
Sec. 504.400. FEES FOR CERTAIN RESTRICTED PLATES. The | |||||
department shall issue, without charge, not more than three sets of | |||||
specialty license plates under this subchapter. | |||||
SECTION 182. Sections 504.401(a) and (c), Transportation | |||||
Code, are amended to read as follows: | |||||
(a) The department shall issue [ |
|||||
license plates that include the words "State Official" to a state | |||||
official. [ |
|||||
|
|||||
(c) The registration remains [ |
|||||
until December 31 of each year. | |||||
SECTION 183. Section 504.402(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue [ |
|||||
license plates to [ |
|||||
|
|||||
Congress." | |||||
SECTION 184. Section 504.403(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue [ |
|||||
license plates for a current or visiting state or federal judge. | |||||
The license plates must include the words "State Judge" or "U.S. | |||||
Judge," as appropriate. | |||||
SECTION 185. Section 504.403(d)(2), Transportation Code, | |||||
is amended to read as follows: | |||||
(2) "State judge" means: | |||||
(A) a justice of the supreme court; | |||||
(B) a judge of the court of criminal appeals; | |||||
(C) a judge of a court of appeals of this state; | |||||
(D) a district court judge; | |||||
(E) a presiding judge of an administrative | |||||
judicial district; or | |||||
(F) a statutory county court judge. | |||||
SECTION 186. Section 504.404(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue [ |
|||||
license plates to [ |
|||||
that [ |
|||||
Judge." | |||||
SECTION 187. Section 504.405(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue [ |
|||||
license plates for current county judges of this state that[ |
|||||
|
|||||
SECTION 188. Section 504.406, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 504.406. TEXAS CONSTABLES. The department shall issue | |||||
[ |
|||||
that[ |
|||||
SECTION 189. Section 504.412, Transportation Code, is | |||||
redesignated as Section 504.4061, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 504.4061 [ |
|||||
[ |
|||||
instrumentality established by a foreign government recognized by | |||||
the United States before January 1, 1979, that is without official | |||||
representation or diplomatic relations with the United States. The | |||||
license plates must include the words "Foreign Organization." [ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
SECTION 190. Section 504.509, Transportation Code, as | |||||
effective September 1, 2011, is transferred to Subchapter E, | |||||
Chapter 504, Transportation Code, and redesignated as Section | |||||
504.415, Transportation Code, to read as follows: | |||||
Sec. 504.415 [ |
|||||
RADIO EQUIPMENT. The department shall issue specialty license | |||||
plates for a person who holds an amateur radio station license | |||||
issued by the Federal Communications Commission and who operates | |||||
receiving and transmitting mobile amateur radio equipment. The | |||||
license plates shall include the person's amateur call letters as | |||||
assigned by the Federal Communications Commission. A person may | |||||
register more than one vehicle equipped with mobile amateur radio | |||||
equipment under this section, and the department shall issue | |||||
license plates that include the same amateur call letters for each | |||||
vehicle. | |||||
SECTION 191. The heading to Subchapter F, Chapter 504, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER F. SPECIALTY LICENSE PLATES WITH RESTRICTED | |||||
DISTRIBUTION AND REGULAR LICENSE PLATE FEES [ |
|||||
SECTION 192. The heading to Section 504.502, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 504.502. ANTIQUE [ |
|||||
OFFENSE. | |||||
SECTION 193. Sections 504.502(b) and (g), Transportation | |||||
Code, are amended to read as follows: | |||||
(b) The license plates must include the words "Antique | |||||
Vehicle." [ |
|||||
|
|||||
(g) A person entitled to specialty license plates or to | |||||
department approval under this section may register the vehicle | |||||
without payment of any fees paid for or at the time of registration | |||||
except the fee for the license plate. [ |
|||||
|
|||||
|
|||||
|
|||||
SECTION 194. Section 504.503, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 504.503. MUNICIPAL, MOTOR, AND PRIVATE BUSES. | |||||
[ |
|||||
plates for municipal buses, motor buses, and private buses. The | |||||
license plates must include the words "City Bus," "Motor Bus," or | |||||
"Private Bus," as appropriate. | |||||
[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
SECTION 195. The heading to Section 504.506, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 504.506. [ |
|||||
SECTION 196. Sections 504.407 and 504.408, Transportation | |||||
Code, are transferred to Subchapter F, Chapter 504, Transportation | |||||
Code, and redesignated as Sections 504.511 and 504.512, | |||||
Transportation Code, to read as follows: | |||||
Sec. 504.511 [ |
|||||
IN LINE OF DUTY. (a) The department shall issue specialty license | |||||
plates for: | |||||
(1) a person wounded in the line of duty as a peace | |||||
officer; or | |||||
(2) a surviving spouse, parent, brother, sister, or | |||||
adult child, including an adopted child or stepchild, of a person | |||||
killed in the line of duty as a peace officer. | |||||
(b) License plates issued under this section must include | |||||
the words "To Protect and Serve" above an insignia depicting a | |||||
yellow rose superimposed over the outline of a badge. | |||||
(c) The fee for issuance of the license plates is $20. | |||||
(d) In this section, "peace officer" has the meaning | |||||
assigned by Section 1.07, Penal Code. | |||||
Sec. 504.512 [ |
|||||
FAMILY MEMBER. (a) The department shall issue a specialty license | |||||
plate for the mother, surviving spouse, or immediate family member | |||||
of a person who died while serving in the United States armed | |||||
forces. License plates issued under this section must include the | |||||
words "Gold Star Mother," "Gold Star Spouse," or "Gold Star Family" | |||||
and a gold star. A person may not be issued more than one set of the | |||||
license plates at a time. | |||||
(a-1) In this section "immediate family member" means the | |||||
parent, child, or sibling of a person who died while serving in the | |||||
United States armed forces. | |||||
(b) The fee for issuance of the license plates is $10. | |||||
SECTION 197. Section 504.409, Transportation Code, as | |||||
effective September 1, 2011, and as amended by Chapters 1136 (H.B. | |||||
2553) and 1381 (S.B. 1616), Acts of the 81st Legislature, Regular | |||||
Session, 2009, is transferred to Subchapter F, Chapter 504, | |||||
Transportation Code, redesignated as Section 504.513, | |||||
Transportation Code, and reenacted and amended to read as follows: | |||||
Sec. 504.513 [ |
|||||
shall issue specialty license plates for: | |||||
(1) volunteer firefighters certified by: | |||||
(A) the Texas Commission on Fire Protection; or | |||||
(B) the State Firemen's and Fire Marshals' | |||||
Association of Texas; and | |||||
(2) fire protection personnel as that term is defined | |||||
by Section 419.021, Government Code. | |||||
(b) [ |
|||||
license plates. | |||||
SECTION 198. Sections 504.410 and 504.411, Transportation | |||||
Code, are transferred to Subchapter F, Chapter 504, Transportation | |||||
Code, redesignated as Sections 504.514 and 504.515, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 504.514 [ |
|||||
PERSONNEL. (a) The department shall issue specialty license | |||||
plates for emergency medical services personnel certified by the | |||||
[ |
|||||
Chapter 773, Health and Safety Code. | |||||
(b) The fee for issuance of the license plates is $8. | |||||
(c) A person may be issued only one set of the license | |||||
plates. | |||||
Sec. 504.515 [ |
|||||
department shall issue specialty license plates for a person who is | |||||
an honorary consul authorized by the United States to perform | |||||
consular duties. License plates issued under this section must | |||||
include the words "Honorary Consul." | |||||
(b) The fee for issuance of the license plates is $40. | |||||
SECTION 199. Subchapter F, Chapter 504, Transportation | |||||
Code, is amended by adding Section 504.516 to read as follows: | |||||
Sec. 504.516. RENTAL TRAILER OR TRAVEL TRAILER FEE: | |||||
TRAILER OR SEMITRAILER. (a) The department may issue specially | |||||
designed license plates for rental trailers and travel trailers | |||||
that include, as appropriate, the words "rental trailer" or "travel | |||||
trailer." | |||||
(b) In this section: | |||||
(1) "Rental fleet" means vehicles that are designated | |||||
in the manner prescribed by the department as a rental fleet. | |||||
(2) "Rental trailer" means a utility trailer. | |||||
(3) "Travel trailer" has the meaning assigned by | |||||
Section 501.002. | |||||
SECTION 200. Section 504.614(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department may issue specialty license plates that | |||||
include the name and insignia of a professional sports team located | |||||
in this state. The department shall design the license plates in | |||||
consultation with the professional sports team and may enter a | |||||
trademark license with the professional sports team or its league | |||||
to implement this section. A license plate may be issued under this | |||||
section only for a professional sports team that: | |||||
(1) certifies to the department that the requirements | |||||
of Section 504.702 are met [ |
|||||
|
|||||
(2) plays its home games in a facility constructed or | |||||
operated, in whole or in part, with public funds. | |||||
SECTION 201. Section 504.615, Transportation Code, is | |||||
amended by amending Subsections (a) and (e) and adding Subsection | |||||
(d-1) to read as follows: | |||||
(a) The department shall issue specialty license plates | |||||
that include the name and insignia of a college. The department | |||||
shall design the license plates in consultation with the applicable | |||||
college. The department may issue a license plate under this | |||||
section only for a college that certifies to the department that the | |||||
requirements of Section 504.702 are met [ |
|||||
|
|||||
(d-1) If the fee is for the issuance of license plates for a | |||||
college described by Subsection (e)(3), the money: | |||||
(1) shall be deposited to the credit of the Texas | |||||
Higher Education Coordinating Board; and | |||||
(2) is supplementary and is not income for purposes of | |||||
reducing general revenue appropriations to that board. | |||||
(e) In this section, "college" means: | |||||
(1) an institution of higher education as defined by | |||||
Section 61.003, Education Code; [ |
|||||
(2) a private college or university described by | |||||
Section 61.222, Education Code; or | |||||
(3) a college or university that is not located in this | |||||
state. | |||||
SECTION 202. Section 504.616(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue specialty license plates | |||||
including the words "Texas Reads" that [ |
|||||
|
|||||
more submissions from middle school students in a competition | |||||
conducted by the department. | |||||
SECTION 203. The heading to Section 504.642, Transportation | |||||
Code, is amended to read as follows: | |||||
Sec. 504.642. TEXAS COUNCIL OF [ |
|||||
BOARDS [ |
|||||
SECTION 204. Section 504.642(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue Texas Council of [ |
|||||
Child Welfare Boards specialty license plates. The department | |||||
shall design the license plates in consultation with the Texas | |||||
Council of Child Welfare Boards, Inc. | |||||
SECTION 205. Section 504.647(a), Transportation Code, is | |||||
amended to read as follows: | |||||
(a) The department shall issue Fight Terrorism specialty | |||||
license plates that [ |
|||||
pentagon-shaped border surrounding: | |||||
(1) the date "9-11-01" with the likeness of the World | |||||
Trade Center towers forming the "11"; | |||||
(2) the likeness of the United States flag; and | |||||
(3) the words "Fight Terrorism." | |||||
SECTION 206. Section 504.413, Transportation Code, is | |||||
transferred to Subchapter G, Chapter 504, Transportation Code, and | |||||
redesignated as Section 504.659, Transportation Code, to read as | |||||
follows: | |||||
Sec. 504.659 [ |
|||||
(a) The department shall issue specialty license plates for | |||||
members of the American Legion. The license plates shall include | |||||
the words "Still Serving America" and the emblem of the American | |||||
Legion. The department shall design the license plates in | |||||
consultation with the American Legion. | |||||
(b) The fee for the license plates is $30. | |||||
(c) After deduction of $8 to reimburse the department for | |||||
its administrative costs, the remainder of the fee for issuance of | |||||
the license plates shall be deposited to the credit of the American | |||||
Legion, Department of Texas account in the state treasury. Money in | |||||
the account may be used only by the Texas Veterans Commission in | |||||
making grants to the American Legion Endowment Fund for | |||||
scholarships and youth programs sponsored by the American Legion, | |||||
Department of Texas. | |||||
SECTION 207. Section 504.702, Transportation Code, is | |||||
amended by amending Subsection (b) and adding Subsections (e) and | |||||
(f) to read as follows: | |||||
(b) The department may manufacture the specialty license | |||||
plates only if a request for manufacture of the license plates is | |||||
filed with the department. The request must be: | |||||
(1) made in [ |
|||||
the department; | |||||
(2) filed before the fifth anniversary of the | |||||
effective date of the law that authorizes the issuance of the | |||||
specialty license plates; and | |||||
(3) accompanied by[ |
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
(e) The department may issue license plates under: | |||||
(1) Section 504.614 for a particular professional | |||||
sports team only if $8,000 has been deposited with the department | |||||
for that sports team; or | |||||
(2) Section 504.615 for a particular institution of | |||||
higher education or private college or university only if $8,000 | |||||
has been deposited with the department for that institution, | |||||
college, or university. | |||||
(f) Money deposited with the department under Subsection | |||||
(b)(3) or (e) shall be returned by the department to the person who | |||||
made the deposit after 800 sets of plates have been issued. | |||||
SECTION 208. Sections 504.801(a) and (b), Transportation | |||||
Code, as effective September 1, 2011, are amended to read as | |||||
follows: | |||||
(a) The department may create new specialty license plates | |||||
on its own initiative or on receipt of an application from a | |||||
potential sponsor. A new specialty license plate created under | |||||
this section must comply with each requirement of Section 504.702 | |||||
unless the license is created by the department on its own | |||||
initiative. The department may permit a specialty license plate | |||||
created under this section to be personalized. The redesign of an | |||||
existing specialty license plate at the request of a sponsor shall | |||||
be treated like the issuance of a new specialty license plate[ |
|||||
|
|||||
(b) Any nonprofit entity [ |
|||||
to the department to sponsor a new specialty license plate [ |
|||||
|
|||||
nominate a state agency to receive funds derived from the issuance | |||||
of the license plates. The application may also identify uses to | |||||
which those funds should be appropriated. | |||||
SECTION 209. Section 504.851, Transportation Code, is | |||||
amended by adding Subsection (m) to read as follows: | |||||
(m) If the vendor ceases operation: | |||||
(1) the program may be operated temporarily by the | |||||
department under new agreements with the plate sponsors until | |||||
another vendor is selected and commences operation; and | |||||
(2) the vendor's share of the revenue shall be | |||||
deposited to the credit of the general revenue fund. | |||||
SECTION 210. Section 504.853(d), Transportation Code, is | |||||
amended to read as follows: | |||||
(d) The department may not issue a replacement set of | |||||
personalized license plates to the same person before the period | |||||
set by rule [ |
|||||
applicant for issuance of replacement plates pays an additional fee | |||||
of $30. | |||||
SECTION 211. Chapter 504, Transportation Code, is amended | |||||
by adding Subchapter K to read as follows: | |||||
SUBCHAPTER K. TRANSFER AND REMOVAL OF LICENSE PLATES | |||||
Sec. 504.901. TRANSFER AND REMOVAL OF LICENSE PLATES. (a) | |||||
On the sale or transfer of a motor vehicle, each license plate | |||||
issued for the motor vehicle shall be removed. | |||||
(b) A license plate removed from a motor vehicle under | |||||
Subsection (a) must be: | |||||
(1) transferred to another motor vehicle that is | |||||
titled in the seller's name; or | |||||
(2) transferred to a vehicle that is purchased by the | |||||
seller. | |||||
(c) To be eligible for transfer, license plates must be | |||||
appropriate for the class of vehicle to which the plates are being | |||||
transferred. If the vehicle is a different classification the | |||||
owner must: | |||||
(1) pay the applicable title and vehicle registration | |||||
fees; | |||||
(2) obtain a new registration insignia; and | |||||
(3) dispose of the license plates in the manner | |||||
specified by the department, or if the applicant fails to remove | |||||
and transfer the license plates, purchase replacement license | |||||
plates in accordance with this chapter. | |||||
SECTION 212. Chapter 504, Transportation Code, is amended | |||||
by adding Subchapter L to read as follows: | |||||
SUBCHAPTER L. OFFENSES AND PENALTIES | |||||
Sec. 504.941. ANTIQUE VEHICLES; OFFENSE. (a) A person who | |||||
violates Section 504.502 commits an offense. An offense under this | |||||
section is a misdemeanor punishable by a fine of not less than $5 or | |||||
more than $200. | |||||
(b) It is an affirmative defense to prosecution under this | |||||
section that at the time of the offense the vehicle was en route to | |||||
or from a location for the purpose of routine maintenance of the | |||||
vehicle. | |||||
Sec. 504.942. LOG LOADER VEHICLES; PENALTIES. A vehicle | |||||
operated in violation of Section 504.506 is considered to be | |||||
operated or moved while unregistered and is immediately subject to | |||||
the applicable fees and penalties prescribed by this chapter. | |||||
Sec. 504.943. OPERATION OF VEHICLE WITHOUT LICENSE PLATE. | |||||
(a) Except as provided by Subsection (b), a person commits an | |||||
offense if the person operates on a public highway, during a | |||||
registration period, a motor vehicle that does not display two | |||||
license plates that: | |||||
(1) have been assigned by the department for the | |||||
period; and | |||||
(2) are securely fastened at the exterior front and | |||||
rear of the vehicle in a horizontal position with not less than 12 | |||||
inches between the bottom of the license plate and the ground, | |||||
except that a vehicle described by Section 621.2061 may place the | |||||
rear plate so that it is clearly visible. | |||||
(b) A person commits an offense if the person operates on a | |||||
public highway during a registration period a road tractor, | |||||
motorcycle, trailer, or semitrailer that does not display a license | |||||
plate that: | |||||
(1) has been assigned by the department for the | |||||
period; and | |||||
(2) is securely fastened at the exterior rear of the | |||||
vehicle in a position with not less than 12 inches between the | |||||
bottom of the license plate and the ground. | |||||
(c) This section does not apply to a dealer operating a | |||||
vehicle as provided by law. | |||||
(d) A court may dismiss a charge brought under Subsection | |||||
(a)(1) if the defendant: | |||||
(1) remedies the defect before the defendant's first | |||||
court appearance; and | |||||
(2) pays an administrative fee not to exceed $10. | |||||
SECTION 213. Section 502.408, Transportation Code, is | |||||
transferred to Subchapter L, Chapter 504, Transportation Code, as | |||||
added by this Act, redesignated as Section 504.944, Transportation | |||||
Code, and amended to read as follows: | |||||
Sec. 504.944 [ |
|||||
LICENSE PLATE. [ |
|||||
operates, or as the owner permits another to operate, on a public | |||||
highway a motor vehicle that has attached to it a number plate or | |||||
registration insignia issued for a different vehicle. An offense | |||||
under this section [ |
|||||
fine not to exceed $200. | |||||
SECTION 214. Subchapter L, Chapter 504, Transportation | |||||
Code, as added by this Act, is amended by adding Section 504.945 to | |||||
read as follows: | |||||
Sec. 504.945. WRONG, FICTITIOUS, ALTERED, OR OBSCURED | |||||
LICENSE PLATE. (a) A person commits an offense if the person | |||||
attaches to or displays on a motor vehicle a license plate that: | |||||
(1) is issued for a different motor vehicle; | |||||
(2) is issued for the vehicle under any other motor | |||||
vehicle law other than by the department; | |||||
(3) is assigned for a registration period other than | |||||
the registration period in effect; | |||||
(4) is fictitious; | |||||
(5) has blurring or reflective matter that | |||||
significantly impairs the readability of the name of the state in | |||||
which the vehicle is registered or the letters or numbers of the | |||||
license plate number at any time; | |||||
(6) has an attached illuminated device or sticker, | |||||
decal, emblem, or other insignia that is not authorized by law and | |||||
that interferes with the readability of the letters or numbers of | |||||
the license plate number or the name of the state in which the | |||||
vehicle is registered; or | |||||
(7) has a coating, covering, protective substance, or | |||||
other material that: | |||||
(A) distorts angular visibility or | |||||
detectability; | |||||
(B) alters or obscures one-half or more of the | |||||
name of the state in which the vehicle is registered; or | |||||
(C) alters or obscures the letters or numbers of | |||||
the license plate number or the color of the plate. | |||||
(b) Except as provided by Subsection (e), an offense under | |||||
Subsection (a) is a misdemeanor punishable by a fine of not more | |||||
than $200, unless it is shown at the trial of the offense that the | |||||
owner knowingly altered or made illegible the letters, numbers, and | |||||
other identification marks, in which case the offense is a Class B | |||||
misdemeanor. | |||||
(c) Subsection (a)(7) may not be construed to apply to: | |||||
(1) a trailer hitch installed on a vehicle in a normal | |||||
or customary manner; | |||||
(2) a transponder, as defined by Section 228.057, that | |||||
is attached to a vehicle in the manner required by the issuing | |||||
authority; | |||||
(3) a wheelchair lift or wheelchair carrier that is | |||||
attached to a vehicle in a normal or customary manner; | |||||
(4) a trailer being towed by a vehicle; or | |||||
(5) a bicycle or motorcycle rack that is attached to a | |||||
vehicle in a normal or customary manner. | |||||
(d) A court may dismiss a charge brought under Subsection | |||||
(a)(3), (5), (6), or (7) if the defendant: | |||||
(1) remedies the defect before the defendant's first | |||||
court appearance; and | |||||
(2) pays an administrative fee not to exceed $10. | |||||
(e) An offense under Subsection (a)(4) is a Class B | |||||
misdemeanor. | |||||
SECTION 215. Subchapter A, Chapter 520, Transportation | |||||
Code, is amended by adding Sections 520.003 and 520.004 to read as | |||||
follows: | |||||
Sec. 520.003. RULES; WAIVER OF FEES. The department may | |||||
adopt rules to administer this chapter, including rules that waive | |||||
the payment of fees if a dealer has gone out of business and the | |||||
applicant can show that fees were paid to the dealer. | |||||
Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department | |||||
has jurisdiction over the registration and titling of, and the | |||||
issuance of license plates to, motor vehicles in compliance with | |||||
the applicable statutes. The board by rule: | |||||
(1) shall provide services that are reasonable, | |||||
adequate, and efficient; | |||||
(2) shall establish standards for uniformity and | |||||
service quality for counties and dealers licensed under Section | |||||
520.005; and | |||||
(3) may conduct public service education campaigns | |||||
related to the department's functions. | |||||
SECTION 216. Section 501.137, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.005, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.005 [ |
|||||
COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector | |||||
shall comply with Chapter 501 [ |
|||||
(b) An assessor-collector who fails or refuses to comply | |||||
with Chapter 501 [ |
|||||
assessor-collector's official bond for resulting damages suffered | |||||
by any person. | |||||
(c) Notwithstanding the requirements of Sections 520.008 | |||||
and 520.0091, the assessor-collector may license franchised and | |||||
non-franchised motor vehicle dealers to title and register motor | |||||
vehicles in accordance with rules adopted under Section 520.004. | |||||
The county assessor-collector may pay a fee to a motor vehicle | |||||
dealer independent of or as part of the portion of the fees that | |||||
would be collected by the county for each title and registration | |||||
receipt issued. | |||||
SECTION 217. Section 502.109, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.006, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.006 [ |
|||||
(a) A county assessor-collector shall receive a fee of $1.90 for | |||||
each receipt issued under Chapter 502 [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(a-1) A county collecting fees on behalf of a county that | |||||
has been declared as a disaster area for purposes of Section 501.023 | |||||
or 502.040 may retain the commission for fees collected, but shall | |||||
allocate the fees to the county declared as a disaster area. | |||||
(b) A county assessor-collector who is compensated under | |||||
this section shall pay the entire expense of issuing registration | |||||
receipts and license plates under Chapter 501 or 502 [ |
|||||
from the compensation allowed under this section. | |||||
SECTION 218. Section 502.111, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.007, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.007 [ |
|||||
commissioners court of a county may authorize the county | |||||
assessor-collector to: | |||||
(1) establish a suboffice or branch office for vehicle | |||||
registration at one or more locations in the county other than the | |||||
county courthouse; or | |||||
(2) appoint a deputy to register vehicles in the same | |||||
manner and with the same authority as though done in the office of | |||||
the assessor-collector. | |||||
(b) The report of vehicles registered through a suboffice or | |||||
branch office shall be made through the office of the county | |||||
assessor-collector. | |||||
SECTION 219. Section 502.114, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.008, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.008 [ |
|||||
full-service deputy appointed under Section 520.0091 [ |
|||||
shall accept any application for registration, registration | |||||
renewal, or title transfer that the county assessor-collector may | |||||
accept. | |||||
(b) A full-service deputy may charge and retain an | |||||
additional motor vehicle registration fee not to exceed $5 for each | |||||
motor vehicle registration issued. | |||||
(c) A county assessor-collector may delegate to a | |||||
full-service deputy, in the manner selected by the | |||||
assessor-collector, the authority to use data processing equipment | |||||
and software provided by the department for use in the titling and | |||||
registration of motor vehicles. The department may not limit a | |||||
county assessor-collector's ability to delegate the | |||||
assessor-collector's functions regarding the titling and | |||||
registration of motor vehicles to a qualified full-service deputy | |||||
in the manner the assessor-collector considers appropriate. | |||||
SECTION 220. Section 502.113, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.009, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.009 [ |
|||||
limited-service deputy appointed under Section 520.0091 [ |
|||||
may only accept registration renewals [ |
|||||
the department and may not prepare or accept an application for | |||||
title transfer. | |||||
(b) The county assessor-collector may pay a limited-service | |||||
deputy an amount not to exceed the fee the assessor-collector could | |||||
collect under Section 520.006(a) [ |
|||||
registration receipt issued. The commissioners court of the county | |||||
may permit a limited-service deputy to charge and retain an | |||||
additional fee not to exceed $1 for each registration receipt | |||||
issued by the deputy. | |||||
SECTION 221. Section 502.112, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, and | |||||
redesignated as Section 520.0091, Transportation Code, to read as | |||||
follows: | |||||
Sec. 520.0091 [ |
|||||
(a) A county assessor-collector, with the approval of the | |||||
commissioners court of the county, may deputize an individual or | |||||
business entity to: | |||||
(1) issue motor vehicle registration receipts as a | |||||
limited-service deputy; or | |||||
(2) issue motor vehicle registration receipts and | |||||
prepare or accept applications for title transfers as a | |||||
full-service deputy. | |||||
(b) An individual or business entity is eligible to be | |||||
deputized as a limited-service deputy if the person: | |||||
(1) is trained to issue registration receipts by the | |||||
county assessor-collector; and | |||||
(2) posts a bond payable to the county | |||||
assessor-collector: | |||||
(A) in an amount determined by the | |||||
assessor-collector; and | |||||
(B) conditioned on the person's proper | |||||
accounting and remittance of all fees the person collects. | |||||
(c) An individual or business entity is eligible to be | |||||
deputized as a full-service deputy if the person: | |||||
(1) meets the requirements of Subsection (b); and | |||||
(2) has experience in title transfers. | |||||
(d) A person deputized under this section shall keep a | |||||
separate account of the fees collected and a record of daily | |||||
receipts. | |||||
SECTION 222. Section 501.136, Transportation Code, is | |||||
transferred to Subchapter A, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.0092, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.0092 [ |
|||||
ASSESSOR-COLLECTOR. A deputy county assessor-collector, other | |||||
than a limited service deputy appointed under Section 520.0091 | |||||
[ |
|||||
Chapter 501 [ |
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SECTION 223. Section 520.002, Transportation Code, is | |||||
redesignated as Section 520.0093, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.0093 [ |
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EQUIPMENT. (a) This section applies only to the lease of equipment | |||||
to a county for the operation of the automated registration and | |||||
titling [ |
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department at no cost to the county under a formula prescribed by | |||||
the department. | |||||
(b) On the request of the tax assessor-collector of a | |||||
county, the department may enter into an agreement with the | |||||
commissioners court of that county under which the department | |||||
leases additional equipment to the county for the use of the tax | |||||
assessor-collector in operating the automated registration and | |||||
titling [ |
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(c) A county may install equipment leased under this section | |||||
at offices of the county or of an agent of the county. | |||||
(d) Equipment leased under this section: | |||||
(1) remains the property of the department; and | |||||
(2) must be used primarily for the automated | |||||
registration and titling [ |
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(e) Under the agreement, the department shall charge [ |
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department to provide the additional equipment and any related | |||||
services under the lease. All money collected under the lease shall | |||||
be deposited to the credit of the state highway fund. | |||||
SECTION 224. The heading to Subchapter B, Chapter 520, | |||||
Transportation Code, is amended to read as follows: | |||||
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS [ |
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SECTION 225. Subchapter B, Chapter 520, Transportation | |||||
Code, is amended by adding Section 520.015 to read as follows: | |||||
Sec. 520.015. INFORMATION CONSOLIDATION STUDY. (a) In | |||||
consultation with the Department of Public Safety, the department | |||||
shall conduct a study on the consolidation of similar information | |||||
that is collected separately by each agency. The study should | |||||
include recommendations that sufficiently protect the privacy of | |||||
the public and the security and integrity of information provided. | |||||
(b) The study must be completed not later than September 1, | |||||
2012. | |||||
SECTION 226. Section 520.036, Transportation Code, is | |||||
transferred to Subchapter B, Chapter 520, Transportation Code, | |||||
redesignated as Section 520.016, Transportation Code, and amended | |||||
to read as follows: | |||||
Sec. 520.016 [ |
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commits an offense if the person violates this subchapter in a | |||||
manner for which a specific penalty is not provided. | |||||
(b) An offense under this section is a misdemeanor | |||||
punishable by a fine of not less than $50 and not more than $200. | |||||
(c) This section does not apply to a violation of Section | |||||
520.006, 520.008, 520.009, 520.0091, or 520.0092. | |||||
SECTION 227. Section 520.051(5), Transportation Code, is | |||||
amended to read as follows: | |||||
(5) "Title service record" means the written or | |||||
electronic record for each transaction in which a motor vehicle | |||||
title service receives compensation. | |||||
SECTION 228. Section 548.052, Transportation Code, is | |||||
amended to read as follows: | |||||
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This | |||||
chapter does not apply to: | |||||
(1) a trailer, semitrailer, pole trailer, or mobile | |||||
home moving under or bearing a current factory-delivery license | |||||
plate or current in-transit license plate; | |||||
(2) a vehicle moving under or bearing a paper dealer | |||||
in-transit tag, machinery license, disaster license, parade | |||||
license, prorate tab, one-trip permit, vehicle temporary transit | |||||
permit, antique license, temporary 24-hour permit, or permit | |||||
license; | |||||
(3) a trailer, semitrailer, pole trailer, or mobile | |||||
home having an actual gross weight or registered gross weight of | |||||
4,500 pounds or less; | |||||
(4) farm machinery, road-building equipment, a farm | |||||
trailer, or a vehicle required to display a slow-moving-vehicle | |||||
emblem under Section 547.703; | |||||
(5) a former military vehicle, as defined by Section | |||||
504.502 [ |
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(6) a vehicle qualified for a tax exemption under | |||||
Section 152.092, Tax Code; or | |||||
(7) a vehicle for which a certificate of title has been | |||||
issued but that is not required to be registered. | |||||
SECTION 229. Section 681.012(a-1), Transportation Code, is | |||||
amended to read as follows: | |||||
(a-1) A peace officer may seize a disabled parking placard | |||||
from a person who operates a vehicle on which a disabled parking | |||||
placard is displayed if the peace officer determines by inspecting | |||||
the person's driver's license or personal identification | |||||
certificate that the disabled parking placard does not contain the | |||||
first four digits of the driver's license number or personal | |||||
identification certificate number and the initials of: | |||||
(1) the person operating the vehicle; [ |
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(2) the applicant on behalf of a person being | |||||
transported by the vehicle; or | |||||
(3) a person being transported by the vehicle. | |||||
SECTION 230. Section 386.251(c), Health and Safety Code, is | |||||
amended to read as follows: | |||||
(c) The fund consists of: | |||||
(1) the amount of money deposited to the credit of the | |||||
fund under: | |||||
(A) Section 386.056; | |||||
(B) Sections 151.0515 and 152.0215, Tax Code; and | |||||
(C) Sections 501.138, 502.358 [ |
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548.5055, Transportation Code; and | |||||
(2) grant money recaptured under Section 386.111(d) | |||||
and Chapter 391. | |||||
SECTION 231. Section 2302.204, Occupations Code, is amended | |||||
to read as follows: | |||||
Sec. 2302.204. CASUAL SALES. This chapter does not apply to | |||||
a person who purchases fewer than five [ |
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vehicles or salvage motor vehicles from a salvage vehicle dealer, | |||||
an insurance company or salvage pool operator in a casual sale at | |||||
auction, except that: | |||||
(1) the board shall adopt rules as necessary to | |||||
regulate casual sales by salvage vehicle dealers, insurance | |||||
companies, or salvage pool operators and to enforce this section; | |||||
and | |||||
(2) a salvage vehicle dealer, insurance company, or | |||||
salvage pool operator who sells a motor vehicle in a casual sale | |||||
shall comply with those rules and Subchapter E, Chapter 501, | |||||
Transportation Code. | |||||
SECTION 232. The following provisions of the Transportation | |||||
Code are repealed: | |||||
(1) Sections 501.026 and 501.075; | |||||
(2) Section 501.091(4); | |||||
(3) Sections 501.094, 501.099, and 501.133; | |||||
(4) Sections 501.134(e) and (f); | |||||
(5) Sections 502.0074, 502.0075, 502.008, 502.104, | |||||
502.105, 502.1535, 502.154, 502.175, 502.177, 502.206, 502.271, | |||||
502.2862, and 502.2971; | |||||
(6) Sections 502.403 and 502.405; | |||||
(7) Section 502.407(c); | |||||
(8) Section 502.412(c); | |||||
(9) Sections 502.452, 502.453, 502.455, and 502.456; | |||||
(10) Section 504.201(h); | |||||
(11) Section 504.316(b); | |||||
(12) Section 504.401(b); | |||||
(13) Section 504.402(b); | |||||
(14) Section 504.403(b); | |||||
(15) Section 504.404(b); | |||||
(16) Section 504.405(b); | |||||
(17) Section 504.502(j); | |||||
(18) Section 504.506(f); | |||||
(19) Section 504.507(c); | |||||
(20) Section 504.508(d); | |||||
(21) Sections 504.624, 504.629, 504.634, 504.643, | |||||
504.649, 504.650, 504.653, 504.655, and 504.701; | |||||
(22) Section 504.702(c); | |||||
(23) Sections 520.013 and 520.034; | |||||
(24) The headings to Subchapters C and D, Chapter 520; | |||||
and | |||||
(25) Section 681.005(2). | |||||
SECTION 233. (a) The change in law made by this Act applies | |||||
only to an offense committed on or after January 1, 2012. | |||||
(b) An offense committed before January 1, 2012, is covered | |||||
by the law in effect when the offense was committed, and the former | |||||
law is continued in effect for that purpose. For purposes of this | |||||
subsection, an offense was committed before January 1, 2012, if any | |||||
element of the offense was committed before that date. | |||||
SECTION 234. To the extent of any conflict, this Act | |||||
prevails over another Act of the 82nd Legislature, Regular Session, | |||||
2011, relating to nonsubstantive additions to and corrections in | |||||
enacted codes. | |||||
SECTION 235. This Act takes effect January 1, 2012. |