Bill Text: TX HB2357 | 2011-2012 | 82nd Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: Pickett H.B. No. 2357

A BILL TO BE ENTITLED
AN ACT
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 [an instrument] issued under Section 501.021.
(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 [means a person who purchases motor vehicles for sale at
retail].
(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) [(3)] "Department" means the Texas Department of
Motor Vehicles.
(6) [(4)] "Distributor" has the meaning assigned by
Section 2301.002, Occupations Code [means a person engaged in the
business of selling to a dealer motor vehicles purchased from a
manufacturer].
(7) "Electric bicycle" has the meaning assigned by
Section 541.201.
(8) [(5)] "First sale" means:
(A) the bargain, sale, transfer, or delivery of a
motor vehicle that has not been previously registered or titled
[licensed], with intent to pass an interest in the motor vehicle,
other than a lien, regardless of where the bargain, sale, transfer,
or delivery occurred; and
(B) the registration or titling [licensing] of
that vehicle.
(9) [(6)] "House trailer" means a trailer designed for
human habitation. The term does not include manufactured housing.
(10) [(7)] "Importer" means a person, other than a
manufacturer, that brings a used motor vehicle into this state for
sale in this state.
(11) [(8)] "Importer's certificate" means a
certificate for a used motor vehicle brought into this state for
sale in this state.
(12) [(9)] "Lien" means:
(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) [(10)] "Manufactured housing" has the meaning
assigned by Chapter 1201, Occupations Code.
(14) [(11)] "Manufacturer" has the meaning assigned
by Section 503.001 [means a person regularly engaged in the
business of manufacturing or assembling new motor vehicles].
(15) [(12)] "Manufacturer's permanent vehicle
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) [(13)] "Motorcycle" has the meaning assigned by
Section 521.001 or 541.201, as applicable [means a motor vehicle,
other than a tractor, designed to propel itself with not more than
three wheels in contact with the ground].
(17) [(14)] "Motor vehicle" means:
(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 [house] trailer;
(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[,
other than a motorcycle, motor-driven cycle, or moped designed for
and used exclusively on a golf course].
(18) [(15)] "New motor vehicle" has the meaning
assigned by Section 2301.002, Occupations Code [means a motor
vehicle that has not been the subject of a first sale].
(19) [(16)] "Owner" means [includes] a person, other
than a manufacturer, importer, distributor, or dealer, claiming
title to or having a right to operate under a lien a motor vehicle
that has been subject to a first sale.
(20) "Purchaser" means a person or entity to which a
motor vehicle is donated, given, sold, or otherwise transferred.
(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) [(17)] "Semitrailer" means a vehicle that is
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) [(18)] "Serial number" means a vehicle
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) [(19)] "Steal" has the meaning assigned by
Section 31.01, Penal Code.
(26) [(20)] "Subsequent sale" means:
(A) the bargain, sale, transfer, or delivery of a
used motor vehicle [that has been previously registered or licensed
in this state or elsewhere], with intent to pass an interest in the
vehicle, other than a lien[, regardless of where the bargain, sale,
transfer, or delivery occurs]; and
(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) [(21)] "Title receipt" means a document [an
instrument] issued under Section 501.024.
(29) [(22)] "Trailer" means a vehicle that:
(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 or 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) [(23)] "Used motor vehicle" means a motor vehicle
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 [CONSTRUCTION].
SECTION 3. Section 501.004(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by this section, this [This] chapter
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 [501.131]. RULES; FORMS. (a) The
department may adopt rules to administer this chapter.
(b) The department shall post forms on the Internet and[:
[(1) in addition to the forms required by this
chapter, prescribe forms for a title receipt, manufacturer's
certificate, and importer's certificate, and other forms the
department determines necessary; and
[(2)] provide each county assessor-collector with a
sufficient supply of any necessary [the] forms on request.
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 [501.159]. ALIAS [CERTIFICATE OF] TITLE. On
receipt of a verified [written] request approved by the executive
administrator of a law enforcement agency, the department may issue
a [certificate of] title in the form requested by the executive
administrator for a vehicle in an alias for the law enforcement
agency's use in a covert criminal investigation.
SECTION 6. Section 501.021, Transportation Code, is amended
to read as follows:
Sec. 501.021. [CERTIFICATE OF] TITLE FOR MOTOR VEHICLE.
(a) A motor vehicle [certificate of] title [is an instrument]
issued by the department must include [that includes]:
(1) the name and address of each [the] purchaser and
seller at the first sale or [the transferee and transferor at] a
subsequent sale;
(2) the make of the motor vehicle;
(3) the body type of the vehicle;
(4) the manufacturer's permanent vehicle
identification number of the vehicle or the vehicle's motor number
if the vehicle was manufactured before the date that stamping a
permanent identification number on a motor vehicle was universally
adopted;
(5) the serial number for the vehicle;
(6) the [number on the vehicle's current Texas license
plates, if any;
[(7) a statement:
[(A) that no lien on the vehicle is recorded; or
[(B) of the] name and address of each lienholder
and the date of each lien on the vehicle, listed in the
chronological order in which the lien was recorded;
(7) [(8) a space for the signature of the owner of the
vehicle;
[(9)] a statement indicating rights of survivorship
under Section 501.031;
(8) [(10)] if the vehicle has an odometer, the
odometer reading at the time of [indicated by the] application for
the [certificate of] title; and
(9) [(11)] any other information required by the
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 [certificate of] title for a motor vehicle that has
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 [CERTIFICATE OF] TITLE
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) [a certificate of] title and [for the vehicle
or until the owner obtains] registration for the vehicle; or
(B) [if] a receipt evidencing title for
registration purposes only [to the vehicle is issued] under Section
501.029 [501.029(b)].
(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 [certificate of] title for
the vehicle.
(c) The owner of a motor vehicle that is required to be
titled and registered in this state must obtain [apply for] a
[certificate of] title to [of] the vehicle before selling or
disposing of the vehicle.
SECTION 9. Subchapter B, Chapter 501, Transportation Code,
is amended by adding Section 501.0225 to read as follows:
Sec. 501.0225. CERTIFICATE OF TITLE REQUIRED FOR OFF-ROAD
VEHICLE. A person who purchases, imports, or otherwise acquires an
off-road vehicle, as defined by Section 152.001, Tax Code, that is
not required to be registered under Chapter 502 may not operate or
permit the operation of the vehicle in this state, or sell or
dispose of the vehicle in this state, until the person obtains a
certificate of title for the vehicle. This section does not apply
to:
(1) an off-road vehicle that is exempt from motor
vehicle sales and use taxation under Section 152.091, Tax Code; or
(2) an off-road vehicle acquired and sold or disposed
of by a lienholder exercising a statutory or contractual lien right
with regard to the vehicle, except that this section does apply to
the purchaser of that vehicle.
SECTION 10. The heading to Section 501.023, Transportation
Code, is amended to read as follows:
Sec. 501.023. APPLICATION FOR [CERTIFICATE OF] TITLE.
SECTION 11. 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 [certificate of] title as prescribed by the
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 [and]
(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
[on a form prescribed by the department].
(b) The assessor-collector shall send the application to
the department or enter it into the department's titling system
within 72 [not later than 24] hours after receipt of [receiving] the
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 [502.054] that is applying
for a [certificate of] title for purposes of registration only may
apply [must be made] directly to the department. Notwithstanding
Section 501.138(a), an applicant for registration under this
subsection shall pay [the department] the fee imposed by that
section. The [department shall send the] fee shall be distributed
to the appropriate county assessor-collector [for distribution] in
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 12. 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 [certificate of] title for the vehicle and file
with the appropriate designated agent each document necessary to
transfer title to or register the vehicle; and at the same time
(2) 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 [certificate of] title has been
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) [a certificate of authority issued under
Subchapter D, Chapter 683; or
[(D)] an ownership document issued by another
state that is comparable to a document described by Paragraph (A) or
(B) [Paragraphs (A)-(C)];
(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 [502.114] and who
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
[certificate of] title for a motor vehicle under Subsection (a)(1)
shall apply in the county as directed by the purchaser from the
counties set forth in Section 501.023 [of this code].
(e) The department shall develop [promulgate] a form or
electronic process in [on] which the purchaser of a motor vehicle
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 13. 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 14. 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 [certificate
of] title shall issue a title receipt to the applicant containing
the information concerning the motor vehicle required for issuance
of a title under Section 501.021 or Subchapter I [,] after:
(1) the requirements of this chapter are met,
including the payment of the fees required under Section 501.138;
and
(2) the [, issue a title receipt on which is noted]
information is entered into the department's titling system
[concerning the motor vehicle required for the certificate of title
under Section 501.021, including a statement of the existence of
each lien as disclosed on the application or a statement that no
lien is disclosed].
(b) If a lien is not disclosed on the application for a
[certificate of] title, the assessor-collector shall issue a [mark
the] title receipt ["original" and deliver it] to the applicant.
(c) If a lien is disclosed on the application for a
[certificate of] title, the assessor-collector shall issue a
duplicate title receipt to the lienholder [receipts. The
assessor-collector shall:
[(1) mark one receipt "original" and mail or deliver
it to the first lienholder disclosed on the application; and
[(2) mark the second receipt "duplicate original" and
mail or deliver it to the address of the applicant provided on the
application].
(d) A title receipt with registration or permit authorizes
the operation of the motor vehicle on a public highway in this state
for 10 days or until the [certificate of] title is issued, whichever
period is shorter.
SECTION 15. Section 501.025, Transportation Code, is
amended to read as follows:
Sec. 501.025. [TITLE RECEIPT REQUIRED ON FIRST SALE;]
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 [certificate of]
title provides [to the assessor-collector] the application for a
[certificate of] title and a manufacturer's certificate in [, on] a
manner [form] prescribed by the department [, that:
[(1) is assigned to the applicant by the manufacturer,
distributor, or dealer shown on the manufacturer's certificate as
the last transferee; and
[(2) shows the transfer of the vehicle from its
manufacturer to the purchaser, whether a distributor, dealer, or
owner, and each subsequent transfer from distributor to dealer,
dealer to dealer, and dealer to applicant].
SECTION 16. Section 501.027, Transportation Code, is
amended to read as follows:
Sec. 501.027. ISSUANCE OF [CERTIFICATE OF] TITLE. (a) On
the day that a county assessor-collector issues a title receipt, a
copy of the title receipt and all evidence of title [the
assessor-collector] shall be submitted [mail] to the department in
the period specified in Section 501.023(b) [:
[(1) a copy of the receipt; and
[(2) the evidence of title delivered to the
assessor-collector by the applicant].
(b) Not later than the fifth day after the date the
department receives an application for a [certificate of] title and
the department determines the requirements of this chapter are met:
(1) the [, the department shall issue the certificate
of] title shall be issued to the first lienholder or to the
applicant if [. If] a lien is not disclosed on the application; or
(2) [,] the department shall notify [send the
certificate by first class mail to] the applicant that the
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
[at the address provided on the application]. If a lien is
disclosed on the application, the department shall notify [send]
the [certificate by first class mail to the first] lienholder that
the lien has been recorded [as disclosed on the application].
SECTION 17. 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 [certificate of] title for a
motor vehicle that complies with the other requirements [for
issuance of a certificate of title] under this chapter unless
[except that]:
(1) the vehicle is not registered for a reason other
than a reason provided by Section 501.051(a)(6) [501.051(6)]; and
(2) the applicant does not provide evidence of
financial responsibility that complies with Section 502.046
[502.153].
(b) On application for a [certificate of] title under this
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 18. Section 501.0276, Transportation Code, is
amended to read as follows:
Sec. 501.0276. DENIAL OF TITLE RECEIPT, [OR CERTIFICATE OF]
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 [form] authorized by that section, is presented to the
county assessor-collector with the application for a [certificate
of] title.
SECTION 19. Section 501.029, Transportation Code, is
amended to read as follows:
Sec. 501.029. ACCEPTABLE PROOF OF OWNERSHIP [USE OF
REGISTRATION RECEIPT OR TITLE RECEIPT TO EVIDENCE TITLE]. [(a) A
person may use a registration receipt issued under Chapter 502 or a
title receipt to evidence title to a motor vehicle and not to
transfer an interest in or establish a lien on the vehicle.
[(b)] The board [department] by rule may provide a list of
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 [certificate of] title. The title receipt may not
be used to transfer an interest in or establish a lien on the
vehicle.
SECTION 20. 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, [assessor-collector] that the
vehicle was not brought into the United States from outside [of] the
country.
(d) If a motor vehicle has not been titled or registered in
the United States, the application for [certificate of] title must
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
[certificate of] title in [on] a manner [form] prescribed by the
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 [of title] showing that
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
[assessor-collector's] failure constitutes wilful or wanton
negligence.
(g) Until an applicant has complied with this section:
(1) a county assessor-collector may not accept an
application for [certificate of] title; and
(2) the applicant is not entitled to an appeal as
provided by Sections 501.052 and 501.053.
SECTION 21. 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 [certificate of] title an optional
[a] rights of survivorship agreement that [form. The form must]:
(1) provides [provide] that if the agreement is
between [signed by] two or more eligible persons, the motor vehicle
is held jointly by those persons with the interest of a person who
dies to transfer [survive] to the surviving person or persons; and
(2) provides [provide blanks] for the acknowledgment
by signature, either electronically or by hand, [signatures] of the
persons.
(b) If the vehicle is registered in the name of one or more
of the persons who acknowledged [signed] the agreement, the
[certificate of] title may contain a:
(1) rights of survivorship agreement acknowledged
[signed] by all the persons; or
(2) remark if a rights of survivorship agreement is
[surrendered with the application for certificate of title or
otherwise] on file with the department.
(c) Ownership [Except as provided in Subsection (g),
ownership] of the vehicle may be transferred only:
(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 [the
certificate of title], in the manner otherwise required by law [for
transfer of ownership of the vehicle], with a copy of the death
certificate of the deceased person [attached to the certificate of
title application].
(d) A rights of survivorship agreement under this section
may be revoked only if [by surrender of the certificate of title to
the department and joint application by] the persons named in [who
signed] the agreement file a joint application for a new title in
the name of the person or persons designated in the application.
(e) A person is eligible to file [sign] a rights of
survivorship agreement under this section if the person:
(1) is married and the spouse of the [signing] person
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 [signing] person's spouse that attests that the
[signing] person's interest in the vehicle is the [signing]
person's separate property.
(f) The department may develop an optional electronic [If
the title is being issued in connection with the sale of the
vehicle, the seller is not eligible to sign a] rights of
survivorship agreement for public use [under this section unless
the seller is the child, grandchild, parent, grandparent, brother,
or sister of each other person signing the agreement. A family
relationship required by this subsection may be a relationship
established by adoption.
[(g) If an agreement, other than the agreement provided for
in Subsection (a), providing for right of survivorship is signed by
two or more persons, the department shall issue a new certificate of
title to the surviving person or persons upon application
accompanied by a copy of the death certificate of the deceased
person. The department may develop for public use under this
subsection an optional rights of survivorship agreement form].
SECTION 22. Section 501.032, Transportation Code, is
amended to read as follows:
Sec. 501.032. ASSIGNMENT OF VEHICLE IDENTIFICATION
[SERIAL] NUMBER BY DEPARTMENT. (a) On proper application, the
department shall assign a vehicle identification [a serial] number
to a travel [house] trailer, a trailer or semitrailer that has a
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 [a serial] number was not
die-stamped by the manufacturer; or
(2) a vehicle identification [the serial] number
die-stamped by the manufacturer has been lost, removed, or
obliterated.
(b) The applicant shall die-stamp the assigned vehicle
identification [serial] number at the place designated by the
department on the travel [house] trailer, trailer, semitrailer, or
equipment.
(c) The manufacturer's vehicle identification [serial]
number or the vehicle identification [serial] number assigned by
the department shall be affixed on the carriage or axle part of the
travel [house] trailer, trailer, or semitrailer. The department
shall use the number as the major identification of the vehicle in
the issuance of a [certificate of] title.
SECTION 23. Sections 501.033(a), (b), and (d),
Transportation Code, are amended to read as follows:
(a) A person determined by law enforcement [the department]
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 [that has had the serial number removed,
altered, or obliterated] may apply to the department for an
assigned vehicle identification number that has been removed,
altered, or obliterated.
(b) An application under this section must be in [on] a
manner [form] prescribed [and furnished] by the department and
accompanied by [the certificate of title for the vehicle or other]
valid evidence of ownership as required by the department [if there
is no certificate of title].
(d) The assigned vehicle identification number shall be
die-stamped or otherwise affixed [to the motor vehicle, part, or
item of equipment at the location and] in the manner designated by
the department.
SECTION 24. 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 [520.011]. MOTOR NUMBER REQUIRED FOR
[VEHICLE] REGISTRATION [; PENALTY]. [(a)] A person may not apply
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.
[(b) A person commits an offense if the person violates this
section. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $50 and not more than $100.]
SECTION 25. 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 [520.012]. APPLICATION FOR MOTOR NUMBER
RECORD[; RECORD; PENALTY]. (a) To obtain a motor number assigned
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 [separate
register for recording] each motor number assigned by the
department that includes [. For each motor number assigned by the
department, the record must indicate]:
(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.
[(c) A person who fails to comply with this section commits
an offense. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $10 and not more than $100.]
SECTION 26. 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 [certificate of] title to a government
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 27. Section 501.035, Transportation Code, is
amended to read as follows:
Sec. 501.035. [CERTIFICATE OF] TITLE FOR FORMER MILITARY
VEHICLE. (a) Notwithstanding any other law, the department shall
issue a [certificate of] title for a former military vehicle [that
is not registered under the laws of this state] if all [other]
requirements for issuance of a [certificate of] title are met.
(b) In this section, "former military vehicle" has the
meaning assigned by Section 504.502(i) [502.275(o)].
SECTION 28. Section 501.036, Transportation Code, is
amended to read as follows:
Sec. 501.036. [CERTIFICATE OF] TITLE FOR FARM SEMITRAILER.
(a) Notwithstanding any other provision of this chapter, the
department may issue a [certificate of] title for a farm
semitrailer with a gross weight of more than 4,000 pounds if:
(1) the farm semitrailer is eligible for registration
under Section 502.146 [504.504]; and
(2) all other requirements for issuance of a
[certificate of] title are met.
(b) To obtain a [certificate of] title under this section,
the owner of the farm semitrailer must:
(1) apply for the [certificate of] title in the manner
required by Section 501.023; and
(2) pay the fee required by Section 501.138.
(c) The department shall adopt rules [and forms] to
implement and administer this section.
SECTION 29. 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 [CERTIFICATE]. (a) A title may
be refused, canceled, suspended, or revoked by the [The] department
[shall refuse to issue a certificate of title or shall suspend or
revoke a certificate of title] if:
(1) the application [for the certificate] contains a
false or fraudulent statement;
(2) the applicant failed to furnish required
information requested by the department;
(3) the applicant is not entitled to a [certificate
of] title;
(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 [certificate of] title would defraud the owner or 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 30. 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 [CERTIFICATE OF] TITLE; APPEAL.
SECTION 31. 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 [domiciled]. On
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 [certificate of] title.
(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 [certificate of] title for the vehicle.
SECTION 32. 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 [department] may obtain a [issue the
certificate of] title.
(b) The bond must be:
(1) in the manner [form] prescribed by the department;
(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 [certificate of] title for the vehicle or for a
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. [The department
shall return an expired bond to the person who filed the bond unless
the department has been notified of a pending action to recover on
the bond.]
(e) The board by rule may establish a fee to cover the cost
of administering this section.
SECTION 33. 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 [in]
the [certificate of] title submits a transfer of ownership of
[transfers] the [certificate of] title [at the time of the sale].
(b) The transfer of the [certificate of] title must be in
[on] a manner [form] prescribed by the department that [includes a
statement that]:
(1) certifies the purchaser [signer] is the owner of
the vehicle; and
(2) certifies there are no liens on the vehicle or
provides a release of each lien [except as shown] on the vehicle
[certificate of title or as fully described in the statement].
SECTION 34. 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 [520.022]. DELIVERY OF RECEIPT AND TITLE TO
PURCHASER OF USED MOTOR VEHICLE [TRANSFEREE; PENALTY]. [(a)] A
person, whether acting for that person or another, who sells,
trades, or otherwise transfers a used motor vehicle shall deliver
to the purchaser [transferee] at the time of delivery of the vehicle
[:
[(1) the license receipt issued by the department for
registration of the vehicle, if the vehicle was required to be
registered at the time of the delivery; and
[(2)] a properly assigned [certificate of] title or
other evidence of title as required under this chapter [Chapter
501].
[(b) A person commits an offense if the person violates this
section. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $200.]
SECTION 35. Sections 501.074(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) The department shall issue a new [certificate of] title
for a motor vehicle registered in this state for which the ownership
is transferred by operation of law [, including by inheritance,
devise or bequest, bankruptcy, receivership, judicial sale,] or
other involuntary divestiture of ownership after receiving:
(1) a certified copy of an [the] order appointing a
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 [certificate of] title in the name of the
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 [certificate of] title in the name of the
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 36. 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 commissioners [commissioner's] court as a deputy to perform
vehicle registration functions under Section 520.0091 [502.112], a
licensed [license] vehicle auction company holding a wholesale
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 37. Section 501.091, Transportation Code, is
amended by amending Subdivisions (2), (3), (6), (7), (8), (9),
(10), (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 [not more than five]
nonrepairable motor vehicles or salvage motor vehicles to the same
person during a calendar year, but [. The term] does not include:
(A) a sale at auction to a salvage vehicle
dealer; [or]
(B) a sale to an insurance company, out-of-state
buyer, or governmental entity; or
(C) the sale of an export-only motor vehicle to a
person who is not a resident of the United States.
(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) [,] sudden damage caused by hail;
(C) [, or] any damage caused only to the exterior
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 [one-ton or smaller truck],
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 [predominately] engaged in the business of
obtaining, converting, or selling ferrous or nonferrous metal [that
has served its original economic purpose to convert the metal, or
sell the metal] for conversion[,] into raw material products
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 [consisting of prepared
grades and having an existing or potential economic value,] by
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 [501.002(14)].
(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
[title or other] ownership document that indicates that the vehicle
is nonrepairable [, junked, or for parts or dismantling only].
(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.
(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 [certificate of] title for the
motor vehicle. The term does not include any [a] title or
certificate issued by the department [, including a regular
certificate of title, a nonrepairable vehicle title, a salvage
vehicle title, a Texas Salvage Certificate, Certificate of
Authority to Demolish a Motor Vehicle, or another ownership
document issued by the department].
(14) "Rebuilder" means a person who acquires and
repairs, rebuilds, or reconstructs for operation on a public
highway, [three or] more than five salvage motor vehicles in a
calendar year.
(15) "Salvage motor vehicle" [:
[(A)] means a motor vehicle that:
(A) [(i)] has damage to or is missing a major
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) [(ii) is damaged and that] comes into this
state under an out-of-state salvage motor vehicle [certificate of]
title or similar out-of-state ownership document [that states on
its face "accident damage," "flood damage," "inoperable,"
"rebuildable," "salvageable," or similar notation; and
[(B) does not include an out-of-state motor
vehicle with a "rebuilt," "prior salvage," "salvaged," or similar
notation, a nonrepairable motor vehicle, or a motor vehicle for
which an insurance company has paid a claim for:
[(i) the cost of repairing hail damage; or
[(ii) theft, unless the motor vehicle was
damaged during the theft and before recovery to the extent
described by Paragraph (A)(i)].
(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. The term does not include an
unlicensed [a] person who:
(A) casually repairs, rebuilds, or reconstructs
not more [fewer] than five nonrepairable motor vehicles or salvage
motor vehicles in the same calendar year [or, except as provided by
Paragraph (C), a used automotive parts recycler. The term includes
a person engaged in the business of:
[(A) a salvage vehicle dealer, regardless of
whether the person holds a license issued by the department to
engage in that business];
(B) buys not more than five [dealing in]
nonrepairable motor vehicles or salvage motor vehicles in the same
calendar year; or
(C) is a licensed 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 [evidence of ownership is a manufacturer's
certificate of origin or for which the department or another state
or jurisdiction has issued a regular certificate of title, is
self-insured by the] owner [, and is owned by an individual, a
business,] or a governmental entity assumes full financial
responsibility for motor vehicle loss claims[,] without regard to
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 38. Section 501.098, Transportation Code, is
redesignated as Section 501.09111, Transportation Code, and
amended to read as follows:
Sec. 501.09111 [501.098]. RIGHTS AND LIMITATIONS OF [HOLDER
OF] NONREPAIRABLE VEHICLE TITLE, NONREPAIRABLE RECORD OF TITLE,
[OR] SALVAGE VEHICLE TITLE, OR SALVAGE RECORD OF TITLE. (a) A
person who owns [holds] a nonrepairable [vehicle title for a] motor
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,[:
[(1)] is entitled to the same rights listed in
Subsection (a) and may [:
[(A)] repair, rebuild, or reconstruct the motor
vehicle [;
[(B) possess, transport, dismantle, scrap, or
destroy the motor vehicle; and
[(C) sell, transfer, or release ownership of the
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; or
[(B) register the motor vehicle].
(c) A person who owns [holds] a salvage [vehicle title for
a] motor vehicle:
(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 39. Section 501.103, Transportation Code, is
redesignated as Section 501.09112, Transportation Code, and
amended to read as follows:
Sec. 501.09112 [501.103]. APPEARANCE [COLOR] OF
NONREPAIRABLE VEHICLE TITLE OR SALVAGE VEHICLE TITLE. (a) The
department's printed [department shall print a] nonrepairable
vehicle title must[:
[(1) in a color that distinguishes it from a regular
certificate of title or salvage vehicle title; and
[(2) so that it] clearly indicate [shows] that it is
the negotiable ownership document for a nonrepairable motor
vehicle.
(b) A nonrepairable vehicle title must clearly indicate
[state on its face] that the motor vehicle:
(1) may not be:
(A) issued a regular [certificate of] title;
(B) registered in this state; or
(C) repaired, rebuilt, or reconstructed; and
(2) may be used only as a source for used parts or
scrap metal.
(c) The department's printed [department shall print a]
salvage vehicle title must [:
[(A) in a color that distinguishes it from a
regular certificate of title or nonrepairable vehicle title; and
[(B) so that each document] clearly show [shows]
that it is the ownership document for a salvage motor vehicle.
(d) A salvage vehicle title or a salvage record of title for
a vehicle that is a salvage motor vehicle because of damage caused
exclusively by flood must bear a notation [on its face] that the
department considers appropriate. If the title for a 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.
(e) 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.
(f) 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
[(e) The department may provide a stamp to a person who is a
licensed salvage vehicle dealer under Chapter 2302, Occupations
Code, to mark the face of a title under this subchapter. The
department shall provide the stamp to the person for a fee in the
amount determined by the department to be necessary for the
department to recover the cost of providing the stamp].
SECTION 40. Section 501.101, Transportation Code, is
redesignated as Section 501.09113, Transportation Code, and
amended to read as follows:
Sec. 501.09113 [501.101]. OUT-OF-STATE SALVAGE OR REBUILT
SALVAGE VEHICLE [ISSUANCE OF TITLE TO MOTOR VEHICLE BROUGHT INTO
STATE]. (a) This section applies only to a motor vehicle brought
into this state from another state or jurisdiction that has on any
[certificate of] title or comparable out-of-state ownership
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 [certificate of] title for the motor vehicle.
[(c) A certificate of title issued under this section must
show on its face:
[(1) the date of issuance;
[(2) the name and address of the owner;
[(3) any registration number assigned to the motor
vehicle; and
[(4) a description of the motor vehicle or other
notation the department considers necessary or appropriate.]
SECTION 41. The heading to Section 501.095, Transportation
Code, is amended to read as follows:
Sec. 501.095. SALE, TRANSFER, OR RELEASE [OF NONREPAIRABLE
MOTOR VEHICLE OR SALVAGE MOTOR VEHICLE].
SECTION 42. 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 vehicle title,
or salvage record of title for the motor vehicle and a comparable
[an] out-of-state ownership document for the motor vehicle has not
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[; or
[(4) an out-of-state buyer].
(b) An owner [A person], other than a salvage vehicle
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
[certificate of] title for the motor vehicle to the department and
apply to the department for the appropriate ownership document[:
[(1) a nonrepairable vehicle title if the vehicle is a
nonrepairable motor vehicle; or
[(2) a salvage vehicle title if the vehicle is a
salvage motor vehicle].
SECTION 43. Section 501.097, Transportation Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (c-1) to read as follows:
(a) An application for a nonrepairable vehicle title,
nonrepairable record of title, [or] salvage vehicle title, or
salvage record of title must:
(1) be made in [on] a manner [form] prescribed by the
department and accompanied by a $8 application fee;
(2) include, in addition to any other information
required by the department:
(A) the name and current address of the owner;
and
(B) a description of the motor vehicle, including
the make, style of body, model year, and vehicle identification
number[; and
[(C) a statement describing whether the motor
vehicle:
[(i) was the subject of a total loss claim
paid by an insurance company under Section 501.092 or 501.093;
[(ii) is a self-insured motor vehicle under
Section 501.094;
[(iii) is an export-only motor vehicle
under Section 501.099; or
[(iv) was sold, transferred, or released to
the owner or former owner of the motor vehicle or a buyer at a casual
sale]; and
(3) include the name and address of:
(A) any currently recorded lienholder, if the
motor vehicle is a nonrepairable motor vehicle; or
(B) any currently recorded lienholder or a new
lienholder, if the motor vehicle is a salvage motor vehicle.
(b) Except as provided by Sections 501.10015 and 501.10025,
on [On] receipt of a complete application, the properly assigned
title or manufacturer's certificate of origin, and the application
fee, the department shall, before the sixth business day after the
date the department receives the application, issue the applicant
the appropriate title for the 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 certificate of] title or
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 44. 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 [be
issued] a [regular certificate of] title after the motor vehicle
has been repaired, rebuilt, or reconstructed [by a person described
by Section 501.104(a)] and, in addition to any other requirement of
law, only if the application [is accompanied by a separate form
that]:
(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) [(2)] shows the identification number required by
federal law to be affixed to or inscribed on the part.
(b) On receipt of a complete application under this section
accompanied by the [$13] fee for the [certificate of] title, the
department shall issue the applicant a [regular certificate of]
title [for the motor vehicle].
(c) A [regular certificate of] title issued under this
section must [:
[(1)] describe or disclose the motor vehicle's former
condition in a manner reasonably understandable to a potential
purchaser of the motor vehicle [; and
[(2) bear on its face the words "REBUILT SALVAGE" in
capital letters that:
[(A) are red;
[(B) are centered on and occupy at least 15
percent of the face of the certificate of title; and
[(C) do not prevent any other words on the title
from being read or copied].
(f) The department may not issue a regular [certificate of]
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)
[501.096(b)]; or
(3) certificate of authority.
SECTION 45. Section 501.092, Transportation Code, is
redesignated as Section 501.1001, Transportation Code, and amended
to read as follows:
Sec. 501.1001 [501.092]. [INSURANCE COMPANY TO SURRENDER
CERTIFICATES OF TITLE TO CERTAIN] SALVAGE MOTOR VEHICLES OR
NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR
SELF-INSURED PERSONS. (a) Except as provided by Section
501.10015, an [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 [certificate of] title
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 [on] a manner [form]
prescribed by the department[, except that not earlier than the
46th day after the date of payment of the claim the insurance
company may surrender a certificate of title, on a form prescribed
by the department, and receive a salvage certificate of title or a
nonrepairable certificate of title without obtaining a properly
assigned certificate of title 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) [An insurance company may not sell a motor vehicle to
which this section applies unless the department has issued a
salvage vehicle title or a nonrepairable vehicle title for the
motor vehicle or a comparable ownership document has been issued by
another state or jurisdiction for the motor vehicle.
[(d) An insurance company may sell a motor vehicle to which
this section applies, or assign a salvage vehicle title or a
nonrepairable vehicle title for the motor vehicle, only to a
salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
sale at auction, a metal recycler, or a used automotive parts
recycler. If the motor vehicle is not a salvage motor vehicle or a
nonrepairable motor vehicle, the insurance company is not required
to surrender the regular certificate of title for the vehicle or to
be issued a salvage vehicle title or a nonrepairable vehicle title
for the motor vehicle.
[(e)] An insurance company or other person who acquires
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, [or a]
nonrepairable vehicle title, or nonrepairable record of title for
the vehicle.
(d) This subsection applies only to a motor vehicle in this
state that is a self-insured motor vehicle and that is damaged to
the extent it becomes a nonrepairable or salvage motor vehicle. The
owner of a motor vehicle to which this subsection 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. When the owner
submits a report, 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 46. Subchapter E, Chapter 501, Transportation Code,
is amended by adding Sections 501.10015 and 501.10025 to read as
follows:
Sec. 501.10015. INSURANCE COMPANY NOT REQUIRED TO SURRENDER
CERTIFICATES OF TITLE IN CERTAIN SITUATIONS. (a) An insurance
company that acquires, through payment of a claim, ownership or
possession of a motor vehicle covered by a certificate of title that
the company is unable to obtain may obtain from the department not
earlier than the 30th day after the date of payment of the claim:
(1) a salvage vehicle title or salvage record of title
for a salvage motor vehicle;
(2) a nonrepairable vehicle title or nonrepairable
record of title for a nonrepairable motor vehicle; or
(3) a title for a motor vehicle other than a salvage
motor vehicle or a nonrepairable motor vehicle.
(b) An application for a title under Subsection (a) must be
submitted to the department on a form prescribed by the department
and include:
(1) a statement that the insurance company has
provided at least two written notices attempting to obtain the
title for the motor vehicle; and
(2) evidence acceptable to the department that the
insurance company has made payment of a claim involving the motor
vehicle.
(c) An insurance company that acquires, through payment of a
claim, ownership or possession of a motor vehicle covered by a title
for which the company is unable to obtain proper assignment of the
title may obtain from the department not earlier than the 30th day
after the date of payment of the claim:
(1) a salvage vehicle title or salvage record of title
for a salvage motor vehicle;
(2) a nonrepairable vehicle title or nonrepairable
record of title for a nonrepairable motor vehicle; or
(3) a title for a motor vehicle other than a salvage
motor vehicle or a nonrepairable motor vehicle.
(d) An application for a title under Subsection (c) must be
submitted to the department on a form prescribed by the department
and include:
(1) a statement that the insurance company has
provided at least two written notices attempting to obtain a proper
assignment of the title; and
(2) the title.
(e) A title issued under Subsection (a) or (c) must be
issued in the name of the insurance company.
(f) An insurance company that acquires, through payment of a
claim, ownership or possession of a salvage motor vehicle or
nonrepairable motor vehicle covered by an out-of-state ownership
document may obtain from the department a salvage vehicle title,
salvage record of title, nonrepairable vehicle title, or
nonrepairable record of title if:
(1) the motor vehicle was damaged, stolen, or
recovered in this state;
(2) the motor vehicle owner from whom the company
acquired ownership resides in this state; or
(3) otherwise allowed by department rule.
(g) A title may be issued under Subsection (f) if the
insurance company:
(1) surrenders a properly assigned title on a form
prescribed by the department; or
(2) complies with the application process for a title
issued under Subsection (a) or (c).
(h) The department shall issue the appropriate title to a
person authorized to apply for the title under this section if the
department determines that the application is complete and complies
with applicable law.
(i) The department by rule may provide that a person
required by this section to provide notice may provide the notice
electronically, including through the use of e-mail or an
interactive website established by the department for that purpose.
(j) Sections 501.1001(c) and 501.095 apply to a motor
vehicle acquired by an insurance company as described in Subsection
(a), (c), or (f).
(k) The department may adopt rules to implement this
section.
Sec. 501.10025. ISSUANCE OF TITLE TO SALVAGE POOL OPERATOR.
(a) In this section, "salvage pool operator" has the meaning
assigned by Section 2302.001, Occupations Code.
(b) This section applies only to a salvage pool operator
who, on request of an insurance company, takes possession of a motor
vehicle that is the subject of an insurance claim and the insurance
company subsequently:
(1) denies coverage with respect to the motor vehicle;
or
(2) does not otherwise take ownership of the motor
vehicle.
(b-1) An insurance company described by Subsection (b)
shall notify the salvage pool operator of the denial of the claim
regarding the motor vehicle or other disposition of the motor
vehicle. The insurance company must include in the notice the name
and address of the owner of the motor vehicle and the lienholder, if
any.
(c) Before the 31st day after receiving notice under
Subsection (b-1), a salvage pool operator shall notify the owner of
the motor vehicle and any lienholder that:
(1) the owner or lienholder must remove the motor
vehicle from the salvage pool operator's possession at the location
specified in the notice to the owner and any lienholder not later
than the 30th day after the date the notice is mailed; and
(2) if the motor vehicle is not removed within the time
specified in the notice, the salvage pool operator will sell the
motor vehicle and retain from the proceeds any costs actually
incurred by the operator in obtaining, handling, and disposing of
the motor vehicle as described by Subsection (d).
(d) The salvage pool operator may include in the costs
described by Subsection (c)(2) only costs actually incurred by the
salvage pool operator that have not been reimbursed by a third party
or are not subject to being reimbursed by a third party, such as
costs of notices, title searches, and towing and other costs
incurred with respect to the motor vehicle. The costs described by
Subsection (c)(2):
(1) may not include charges for storage or impoundment
of the motor vehicle; and
(2) may be deducted only from the proceeds of a sale of
the motor vehicle.
(e) The notice required of a salvage pool operator under
this section must be sent by registered or certified mail, return
receipt requested.
(f) If a motor vehicle is not removed from a salvage pool
operator's possession before the 31st day after the date notice is
mailed to the motor vehicle's owner and any lienholder under
Subsection (c), the salvage pool operator may obtain from the
department:
(1) a salvage vehicle title or salvage record of title
for a salvage motor vehicle; or
(2) a nonrepairable vehicle title or nonrepairable
record of title for a nonrepairable motor vehicle.
(g) An application for a title under Subsection (f) must:
(1) be submitted to the department on a form
prescribed by the department; and
(2) include evidence that the notice was mailed as
required by Subsection (c) to the motor vehicle owner and any
lienholder.
(h) A title issued under this section must be issued in the
name of the salvage pool operator.
(i) The department shall issue the appropriate title to a
person authorized to apply for the title under this section if the
department determines that the application is complete and complies
with applicable law.
(j) On receipt of a title under this section, the salvage
pool operator shall sell the motor vehicle and retain from the
proceeds of the sale the costs incurred by the salvage pool operator
as permitted by Subsection (d) along with the cost of titling and
selling the motor vehicle. The salvage pool operator shall pay any
excess proceeds from the sale to the previous owner of the motor
vehicle and the lienholder, if any. The excess proceeds must be
mailed to the lienholder.
(k) If the previous owner of the motor vehicle and the
lienholder, if any, cannot be identified or located, any excess
proceeds from the sale of the motor vehicle under Subsection (j)
shall escheat to the State of Texas. The proceeds shall be
administered by the comptroller and shall be disposed of in the
manner provided by Chapter 74, Property Code.
SECTION 47. Section 501.093, Transportation Code, is
redesignated as Section 501.1002, Transportation Code, and amended
to read as follows:
Sec. 501.1002 [501.093]. OWNER-RETAINED [INSURANCE COMPANY
REPORT ON CERTAIN] VEHICLES. (a) If an insurance company pays a
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 on behalf of the owner 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 [on the
form] prescribed by the department, a report stating that the
insurance company:
(A) [(1)] has paid a claim on the motor vehicle;
and
(B) [(2)] has not acquired ownership of the motor
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 a] nonrepairable vehicle 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.
[(c) Subsection (b) does not apply if:
[(1) the department has issued a nonrepairable vehicle
title or salvage vehicle title for the motor vehicle; or
[(2) another state or jurisdiction has issued a
comparable out-of-state ownership document for the motor vehicle.]
SECTION 48. Section 501.096, Transportation Code, is
redesignated as Section 501.1003, Transportation Code, and amended
to read as follows:
Sec. 501.1003 [501.096]. [NONREPAIRABLE MOTOR VEHICLE OR]
SALVAGE DEALER RESPONSIBILITIES [MOTOR VEHICLE DISMANTLED,
SCRAPPED, OR DESTROYED]. (a) If a salvage vehicle dealer acquires
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 [on a form] prescribed
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
[vehicle] dealer if the vehicle was not issued a printed title, but
has a record of title in the department's titling system [shall:
[(1) keep on the business premises of the dealer,
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;
and
[(2) present to the department, on the form prescribed
by the department, evidence that the motor vehicle was dismantled,
scrapped, or destroyed before the 61st day after the date the dealer
completed the dismantling, scrapping, or destruction of the motor
vehicle].
SECTION 49. 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 [only] to [:
[(1) a rebuilder licensed as a salvage vehicle dealer;
[(2)] a person engaged in repairing, rebuilding, or
reconstructing more than five motor vehicles [the business of a
rebuilder], regardless of whether the person is licensed to engage
in that business [; or
[(3) a person engaged in the casual repair,
rebuilding, or reconstruction of fewer than three motor vehicles in
the same 12-month period].
(b) A person described by Subsection (a) must possess:
(1) an acceptable [a regular certificate of title,
nonrepairable vehicle title, salvage vehicle title, or comparable
out-of-state] ownership document or proof of ownership for any
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 50. Section 501.105, Transportation Code, is
redesignated as Section 501.108, Transportation Code, and amended
to read as follows:
Sec. 501.108 [501.105]. RECORD RETENTION [OF RECORDS
RELATING TO CERTAIN CASUAL SALES]. (a) Each licensed salvage
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 as required by Section 501.1003.
SECTION 51. (a) Section 501.102, Transportation Code, is
redesignated as Section 501.109, Transportation Code, and amended
to read as follows:
Sec. 501.109 [501.102]. OFFENSES. (a) A person commits an
offense if the person:
(1) applies to the department for a [regular
certificate of] title for a motor vehicle; and
(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;
(D) the vehicle identification number assigned
to the motor vehicle belongs to an export-only motor vehicle;
(E) the motor vehicle is an export-only motor
vehicle; or
(F) the motor vehicle is a nonrepairable motor
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 [501.094].
(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.
(f) Subsection (c) does not apply to an applicant for a
title under Sections 501.10015 and 501.10025.
(b) The change in law made by this section applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date 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 the effective date
of this Act if any element of the offense occurred before that date.
SECTION 52. Section 501.106, Transportation Code, is
redesignated as Section 501.110, Transportation Code, and amended
to read as follows:
Sec. 501.110 [501.106]. ENFORCEMENT OF SUBCHAPTER. (a)
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 [regular certificate of] title,
nonrepairable vehicle title, nonrepairable record of title, [or]
salvage vehicle title, or salvage record of title under this
subchapter.
SECTION 53. 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 [certificate of] title as provided by this chapter.
SECTION 54. 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:
(1) the department's titling system is updated; or
(2) the county assessor-collector [:
[(1) is presented with an application for a
certificate of title that discloses the lien with tender of the
filing fee; or
[(2)] accepts the application of title that discloses
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 [certificate of] title.
SECTION 55. 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 county assessor-collector for the
assignee to be named as lienholder on the [certificate of] title;
and
(2) notify the debtor of the assignment.
(d) An application under Subsection (b) must be
acknowledged[:
[(1) signed] by the assignee[; and
[(2) accompanied by:
[(A) the applicable fee;
[(B) a copy of the assignment agreement executed
by the parties; and
[(C) the certificate of title on which the lien
to be assigned is recorded].
(e) On receipt of the completed application and fee, the
department may:
(1) [may] amend the department's records to substitute
the assignee for the recorded lienholder; and
(2) [shall] issue a new [certificate of] title as
provided by this chapter [Section 501.027].
(f) The issuance of a [certificate of] title under
Subsection (e) is recordation of the assignment.
(g) Regardless of whether application is made for the
assignee to be named as lienholder on the [certificate of] title,
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 56. 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 [on] a manner [form]
prescribed by the department.
(b) The owner may submit [present] the discharge and
[certificate of] title to the department for [county
assessor-collector with an application for a new certificate of
title and the department shall issue] a new [certificate of] title.
SECTION 57. 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
[certificate of] title for 10 [six] years or more if the recorded
lienholder:
(1) does not exist; or
(2) cannot be located for the owner to obtain a release
of the lien.
SECTION 58. Section 501.117, Transportation Code, is
amended by amending Subsection (a) and adding Subsections (d),
(d-1), (d-2), (e), and (f) to read as follows:
(a) The department by rule shall develop a system under
which a security interest in a motor vehicle may be perfected,
assigned, discharged, and canceled electronically instead of by
record maintained on a certificate of title. The department may
establish categories of lienholders that may participate in the
system and, except as provided by this section, may require a
lienholder to participate in the system [Participation by a
lienholder in the system is voluntary].
(d) The department may not require a depository
institution, as defined by Section 180.002, Finance Code, to
participate in the system if the department has issued fewer than
100 notifications of security interests in motor vehicles to the
depository institution during a calendar year.
(d-1) The department may not require a depository
institution, as defined by Section 180.002, Finance Code, to
participate in the system:
(1) during 2011, if the department issues fewer than
200 notifications of security interests in motor vehicles to the
depository institution between September 1, 2011, and December 31,
2011; and
(2) during 2012, if the depository institution was
exempt under Subdivision (1) and the department issues fewer than
200 notifications of security interests in motor vehicles to the
depository institution in 2012.
(d-2) This subsection and Subsection (d-1) expire January
1, 2013.
(e) The department by rule shall establish a reasonable
schedule for compliance with the requirements of Subsection (a) for
each category of lienholder that the department requires to
participate in the system.
(f) The department may not:
(1) prohibit a lienholder from using an intermediary
to access the system; or
(2) require a lienholder to use an intermediary to
access the system.
SECTION 59. Sections 501.134(a), (b), (c), (d), and (g),
Transportation Code, are amended to read as follows:
(a) If a printed [certificate of] title is lost or
destroyed, the owner or lienholder disclosed on the title
[certificate] may obtain, in the manner provided by this section
and department rule, a certified copy of the lost or destroyed
[certificate of] title directly from the department by applying in
[on] a manner [form] prescribed by the department and paying a fee
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 [certificate of] title, the
department may issue a certified copy of the original [certificate
of] title only to the first lienholder or the lienholder's verified
agent.
(c) The department must plainly mark "certified copy" on the
face of a certified copy issued under this section [, and each
subsequent certificate issued for the motor vehicle until the
vehicle is transferred]. A subsequent purchaser or lienholder of
the vehicle only acquires the rights, title, or interest in the
vehicle held by the holder of the certified copy.
(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 [certificate of]
title.
(g) The department may issue a certified copy of a
[certificate of] title [before the fourth business day after the
date application is made] only if the applicant:
(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[, including a photograph, issued by an agency of
this state or the United States].
SECTION 60. 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 [of the vehicle's certificate of title].
SECTION 61. Sections 501.138(a), (b), and (b-1),
Transportation Code, are amended to read as follows:
(a) An applicant for a [certificate of] title, other than
the state or a political subdivision of the state, must pay [the
county assessor-collector] a fee of:
(1) $33 if the applicant's residence is a county
located within a nonattainment area as defined under Section 107(d)
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended,
or is an affected county, as defined by Section 386.001, Health and
Safety Code; or
(2) $28 if the applicant's residence is any other
county.
(b) The fees [county assessor-collector] shall be
distributed as follows [send]:
(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 [as follows:
[(1) before September 1, 2008, to the credit of the
Texas emissions reduction plan fund; and
[(2) on or after September 1, 2008,] to the credit of
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 62. 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 [520.031]. FILING BY PURCHASER [TRANSFEREE];
APPLICATION FOR TRANSFER OF TITLE [AND REGISTRATION]. (a) Not
later than the later of the 30th [20th working] day after the date
of assignment on [receiving] the documents or the date provided by
Section 152.069, Tax Code [under Section 520.022 or 520.0225], the
purchaser [transferee] of the used motor vehicle shall file with
the county assessor-collector:
(1) [the license receipt and] the certificate of title
or other evidence of title; or
(2) if appropriate, a document described by Section
502.457 [520.0225(b)(1) or (2)] and the [certificate of] title or
other evidence of ownership [title].
(b) The filing under Subsection (a) is an application for
transfer of title as required under this chapter [Chapter 501] and
[, if the license receipt is filed,] an application for transfer of
the registration of the motor vehicle.
(c) [In this section, "working day" means any day other than
a Saturday, a Sunday, or a holiday on which county offices are
closed.
[(d)] Notwithstanding Subsection (a), if the purchaser
[transferee] is a member of the armed forces of the United States, a
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 [working] day after the
date of assignment of ownership [their receipt by the transferee].
SECTION 63. 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 [520.032]. TITLE TRANSFER [FEE]; LATE FEE.
(a) [The transferee 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.
[(b)] If the [transferee does not file the] application for
the transfer of title is not filed during the period provided by
Section 501.145, the [520.031, the transferee is liable for a] late
fee is to be paid to the county assessor-collector when the
application is filed. If the seller [transferee] holds a general
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 [the late fee is] $10. If the seller
[transferee] does not hold a general distinguishing number, subject
to Subsection (b) [(b-1)] the applicant's [amount of the] late fee
is $25.
(b) [(b-1)] If the application is filed after the 60th [31st
working] day after the date the purchaser was assigned ownership of
[transferee received] the documents under Section 501.0721
[520.022], the late fee imposed under Subsection (a) [(b)] accrues
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 county assessor-collector and the surety on the
county assessor-collector's bond are liable for the late fee if the
county assessor-collector does not collect the late fee.
[(d)] Subsections (a) and (b) [and (b-1)] do not apply if
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 64. 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 [520.023]. [POWERS AND DUTIES OF DEPARTMENT ON
TRANSFER OF USED] VEHICLE TRANSFER NOTIFICATION. (a) On receipt of
a written notice of transfer from the seller [transferor] of a motor
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 [transferor] of a motor vehicle
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 [transferor] or include the date
of signing.
(b) [The department may design the written notice of
transfer to be part of the certificate of title for the vehicle.]
The notice of transfer [form] shall be provided by the department
and must include a place for the seller [transferor] to state:
(1) a complete description of the vehicle as
prescribed by the department [identification number of the
vehicle];
(2) [the number of the license plate issued to the
vehicle, if any;
[(3)] the full name and address of the seller
[transferor];
(3) [(4)] the full name and address of the purchaser
[transferee];
(4) [(5)] the date the seller [transferor] delivered
possession of the vehicle to the purchaser [transferee];
(5) [(6)] the signature of the seller [transferor];
and
(6) [(7)] the date the seller [transferor] signed the
form.
(c) This subsection applies only if the department receives
notice under Subsection (a) before the 30th day after the date the
seller [transferor] delivered possession of the vehicle to the
purchaser or in accordance with Section 152.069, Tax Code
[transferee]. After the date of the transfer of the vehicle shown
on the records of the department, the purchaser [transferee] of the
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[:
[(1)] rules to implement this section [; and
[(2) a fee for filing a notice of transfer under this
section in an amount not to exceed the lesser of the actual cost to
the department of implementing this section or $5].
(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) [This section does not require the department to issue a
certificate of title to a person shown on a notice of transfer as
the transferee of a motor vehicle.] The department may not issue a
[certificate of] title or register [for] the vehicle until the
purchaser [transferee] applies for a title to the county
assessor-collector as provided by this chapter [Chapter 501].
(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 [certificate of] title or a form
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 65. 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 [520.033]. ALLOCATION OF FEES. (a) The
county assessor-collector may retain as commission for services
provided under this subchapter [half of each transfer fee
collected,] half of each late fee[, and half of each additional
penalty collected under Section 520.032].
(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 [registration] fees are required to be reported
and remitted.
(c) Of each late fee collected from a person who does not
hold a general distinguishing number by [that] the department
[receives] under Subsection (b), $10 may be used only to fund a
statewide public awareness campaign designed to inform and educate
the public about the provisions of this chapter.
SECTION 66. 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 [certificate of] title to the vehicle if the sole
reason he or she does not have possession of the [certificate of]
title is that the title is in the possession of a lienholder who has
not complied with the terms of Section 501.115(a) [of this code].
SECTION 67. 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
[certificate of] title for a motor vehicle that the person knows is
stolen or concealed in violation of Section 32.33, Penal Code.
SECTION 68. 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 [or
importer's] certificate, a title receipt, or a [certificate of]
title.
SECTION 69. 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 [certificate of] title;
(2) an application for a certified copy of an original
[certificate of] title;
(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 70. 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 [SERIAL] NUMBER.
SECTION 71. 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 [520.035]. EXECUTION OF TRANSFER DOCUMENTS;
PENALTY. (a) A person who transfers a motor vehicle in this state
shall complete [execute] in full and date as of the date of the
transfer all documents relating to the transfer of registration or
[certificate of] title. A person who transfers a vehicle commits an
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 72. 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 73. 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 not exceed the charges
incurred by the state because of the use of the electronic funds
transfer, credit card, or debit card.
(c) For online transactions the department may collect from
a person making payment by electronic funds transfer, credit card,
or debit card an amount equal to any fee charged in accordance with
Section 2054.2591, Government Code.
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 74. 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;
(C) designed by the manufacturer for off-highway
use; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
(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 or leased by the carrier in one or more other states.
(3) [(1-a)] "Board" means the board of the Texas
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) [(1-a)] "Commercial fleet" means a group of at
least 25 nonapportioned motor vehicles, semitrailers, 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) [(2)] "Commercial motor vehicle" means a
commercial motor vehicle as defined by Section 644.001[, other than
a motorcycle, designed or used primarily to transport property.
The term includes a passenger car reconstructed and used primarily
for delivery purposes. The term does not include a passenger car
used to deliver the United States mail].
(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) [(3)] "Department" means the Texas Department of
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) [(4)] "Farm semitrailer" or "farm trailer" means
a vehicle [semitrailer] designed and used primarily as a farm
vehicle.
(16) [(5)] "Farm tractor" has the meaning assigned by
Section 541.201 [means a motor vehicle designed and used primarily
as a farm implement for drawing other implements of husbandry].
(17) "Forestry vehicle" [(6) "Farm trailer"] means a
vehicle [trailer] designed and used exclusively for transporting
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 [primarily as a farm
vehicle].
(18) [(7)] "Golf cart" means a motor vehicle designed
by the manufacturer primarily for use [transporting persons] on a
golf course.
(19) "Gross vehicle weight" has the meaning assigned
by Section 541.401.
(20) [(8)] "Implements of husbandry" has the meaning
assigned by Section 541.201 [means farm implements, machinery, and
tools as used in tilling the soil, including self-propelled
machinery specifically designed or adapted for applying plant food
materials or agricultural chemicals but not specifically designed
or adapted for the sole purpose of transporting the materials or
chemicals. The term does not include a passenger car or truck].
(21) [(9)] "Light truck" has the meaning assigned by
Section 541.201 [means a commercial motor vehicle that has a
manufacturer's rated carrying capacity of one ton or less].
(22) [(10)] "Moped" has the meaning assigned by
Section 541.201.
(23) [(11)] "Motor bus" includes every vehicle used to
transport persons on the public highways for compensation, other
than:
(A) a vehicle operated by muscular power; or
(B) a municipal bus.
(24) [(12)] "Motorcycle" has the meaning assigned by
Section 521.001 or 541.201, as applicable [means a motor vehicle
designed to propel itself with not more than three wheels in contact
with the ground. The term does not include a tractor].
(25) [(13)] "Motor vehicle" means a vehicle that is
self-propelled.
(26) "Motorized mobility device" has the meaning
assigned by Section 542.009.
(27) [(14)] "Municipal bus" includes every vehicle,
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) [(15)] "Operate temporarily on the highways"
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) [(16)] "Owner" means a person who:
(A) holds the legal title of a vehicle;
(B) has the legal right of possession of a
vehicle; or
(C) has the legal right of control of a vehicle.
(32) [(17)] "Passenger car" has the meaning assigned
by Section 541.201 [means a motor vehicle, other than a motorcycle,
golf cart, light truck, or bus, designed or used primarily for the
transportation of persons].
(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) [(18)] "Public highway" includes a road, street,
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) [(19)] "Public property" means property owned or
leased by this state or a political subdivision of this state.
(37) [(19-a)] "Recreational off-highway vehicle"
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) [(20)] "Road tractor" means a vehicle designed
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) [(21)] "Semitrailer" means a vehicle 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.
(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) [(22)] "Trailer" means a vehicle that:
(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) [(23)] "Truck-tractor" means a motor vehicle:
(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) [(24)] "Vehicle" means a device in or by which a
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 75. 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[:
[(1) prescribe forms determined by the department to
be necessary for the administration of this chapter; and
[(2)] provide each county assessor-collector with a
sufficient [an adequate] supply of any [each form] necessary forms
on request [for the performance of a duty under this chapter by the
assessor-collector].
SECTION 76. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.011 to read as follows:
Sec. 502.011. REFUSAL TO REGISTER VEHICLE FOR NONPAYMENT OF
TOLL OR ADMINISTRATIVE FEE. (a) The board shall adopt rules, with
input from county assessor-collectors and toll project entities, to
require the county assessor-collector and the department to refuse
to register a motor vehicle if the motor vehicle is the subject of a
past due toll or administrative fee owed to a toll project entity.
The board's rules may include a time frame for implementation of the
refusal process and a requirement for a toll project entity to enter
into a contract with the department that includes:
(1) information necessary to determine that a toll or
fee is past due;
(2) notification that the registration may be
reinstated because of:
(A) payment or other means of discharge of the
past due toll or fee; or
(B) perfection of an appeal following conviction
of an offense related to the nonpayment of a toll, if applicable;
(3) compensation to the department or the county for
reasonable expenses associated with providing services under the
contract; and
(4) a time period when the toll or fee is considered
past due.
(b) 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.
(c) For purposes of this section "toll project entity" has
the meaning assigned by Section 372.001, but does not include a
county operating under Chapter 284 unless the commissioners court
of the county adopts an order expressly electing to have this
section apply to the county.
SECTION 77. 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 [502.052]. DESIGN OF [LICENSE PLATES AND]
REGISTRATION INSIGNIA[; REFLECTORIZED MATERIAL]. [(a)] The
department shall prepare the designs and specifications [of license
plates and devices selected by the board] to be used as the
registration insignia.
[(b) 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.
[(c) 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. The purchase of reflectorized material shall be submitted
to the comptroller for approval.]
SECTION 78. The heading to Section 502.0023, Transportation
Code, is amended to read as follows:
Sec. 502.0023. EXTENDED REGISTRATION OF COMMERCIAL FLEET
[MOTOR] VEHICLES.
SECTION 79. 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) [502.158(c)], the
department shall develop and implement a system of registration to
allow an owner of a commercial fleet to register the motor vehicles,
semitrailers, 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 [Subchapter D], an owner registering a commercial fleet
under this section shall pay:
(1) an annual commercial fleet registration fee of $10
per motor vehicle, semitrailer, or trailer in the fleet; and
(2) except as provided by Subsection (e), a one-time
license plate manufacturing fee of $1.50 for each fleet motor
vehicle, semitrailer, or trailer license plate.
(i) The department may provide for credits for fleet
registration.
SECTION 80. 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 [502.185]. COUNTY SCOFFLAW [REFUSAL TO
REGISTER VEHICLE IN CERTAIN COUNTIES]. (a) A county
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:
(1) owes the county money for a fine, fee, or tax that
is past due; or
(2) failed to appear in connection with a complaint,
citation, information, or indictment in a court in the county in
which a criminal proceeding is pending against the owner.
(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 who:
(1) fails to pay [paying] a fine, fee, or tax to the
county by the date on which the fine, fee, or tax is [after it is
past] due; or
(2) fails to appear in connection with a complaint,
citation, information, or indictment in a court in the county in
which a criminal proceeding is pending against the owner.
(f-1) 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 81. The heading to Subchapter B, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. REGISTRATION REQUIREMENTS [STATE ADMINISTRATION]
SECTION 82. 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 [502.002]. REGISTRATION REQUIRED; GENERAL
RULE. (a) Not more than 30 days after purchasing a vehicle or
becoming a resident of this state, the [The] owner of a motor
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 [to] the department:
(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 83. 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 [502.157]. INITIAL REGISTRATION. (a)
Notwithstanding Section 502.040 [502.002], [when a motor vehicle
must be registered before an application for a certificate of title
will be accepted,] the owner of a [the] vehicle may concurrently
apply for a [certificate of] title and for registration through the
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) [502.153(a)] as to the vehicle by showing proof of
financial responsibility in any manner specified in Section
502.046(c) [502.153(c)] as to:
(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 84. 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 [502.152]. [CERTIFICATE OF] TITLE REQUIRED
FOR REGISTRATION. [(a)] The department may not register or renew
the registration of a motor vehicle for which a [certificate of]
title is required under Chapter 501 unless the owner:
(1) obtains a [certificate of] title for the vehicle;
or
(2) presents satisfactory evidence that a
[certificate of] title was previously issued to the owner by the
department or another jurisdiction.
[(b) This section does not apply to an automobile that was
purchased new before January 1, 1936.]
SECTION 85. 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 [502.151]. APPLICATION FOR REGISTRATION. (a)
An application for vehicle registration must:
(1) be made in a manner prescribed and include the
information required [on a form furnished] by the department by
rule; and
(2) contain a [the] full description [name and address
of the owner] of the vehicle as required by department rule [;
[(3) contain a brief description of the vehicle;
[(4) contain any other information required by the
department; and
[(5) be signed by the owner].
(b) The department shall deny the [For a new motor vehicle,
the description of the vehicle must include the vehicle's:
[(1) trade name;
[(2) year model;
[(3) style and type of body;
[(4) weight, if the vehicle is a passenger car;
[(5) net carrying capacity and gross weight, if the
vehicle is a commercial motor vehicle;
[(6) vehicle identification number; and
[(7) date of sale by the manufacturer or dealer to the
applicant.
[(c) An applicant for] registration of a commercial motor
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 for
safety-related reasons;
(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 [must] deliver to the county
assessor-collector proof of [an affidavit showing] the weight of
the vehicle, the maximum load to be carried on the vehicle, and the
gross weight for which the vehicle is to be registered. [The
assessor-collector shall keep the affidavit on file.]
(c) [(d)] In lieu of filing an application during a year as
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.
(d) The department may require an applicant for
registration to provide current personal identification as
determined by department rule. Any identification number required
by the department under this subsection may be entered into the
department's electronic titling system but may not be printed on
the title.
[(e) If an owner or claimed owner has lost or misplaced the
registration receipt or transfer receipt for the vehicle, the
county assessor-collector shall register the vehicle on the
person's furnishing to the assessor-collector satisfactory
evidence, by affidavit or otherwise, that the person owns the
vehicle.
[(f) A county assessor-collector shall date each
registration receipt issued for a vehicle with the date on which the
application for registration is made.]
SECTION 86. 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 [502.158]. REGISTRATION PERIOD [YEAR]. (a)
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 [. The registration fee for a
registration period of less than 12 months is] computed at a rate of
one-twelfth the annual registration fee multiplied by the number of
months in the registration period. The board by rule may allow
payment of [department may not designate a registration period of
more than 12 months, but:
[(1) with the consent of the department, an owner may
pay] registration fees for a designated period not to exceed the
amount of time determined by department rule [of more than 12
months; and
[(2) an owner of a vehicle may pay registration fees
for a designated period of 12, 24, or 36 months.
[(d) An application for registration shall be made during
the two months preceding the date on which the registration
expires.
[(e) The fee to be paid for renewing a registration is the
fee that will be in effect on the first day of the vehicle
registration year].
(d) [(g)] The department shall issue [the applicant for
registration who pays registration fees for a designated period of
24 or 36 months] a registration receipt and registration insignia
that are valid until the expiration of the designated period.
SECTION 87. 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 [502.176]. DELINQUENT REGISTRATION. (a) A
registration fee [prescribed by this chapter] for a vehicle becomes
delinquent immediately if the vehicle is used on a public highway
without the fee having been paid in accordance with this chapter.
(b) An [A county assessor-collector that determines that
an] applicant for registration who provides [for which payment of
the registration fee is delinquent has provided] evidence
[acceptable to the assessor-collector sufficient] to establish
good reason for delinquent registration and who [that the
application] complies with the other requirements for registration
under this chapter may [shall] register the vehicle for a 12-month
period that ends on the last day of the 11th month after the month in
which the registration occurs under this subsection. [The
registration period for vehicles registered in accordance with
Sections 502.164, 502.167, 502.203, 502.255, 502.267, 502.277,
502.278, 502.293, as added by Chapter 1222, Acts of the 75th
Legislature, Regular Session, 1997, and 502.295, as added by
Chapter 625, Acts of the 75th Legislature, Regular Session, 1997,
will end on the annual registration date, and the registration fees
will be prorated.]
(c) An [A county assessor-collector that determines that
an] applicant for registration who [that] is delinquent and has not
provided evidence acceptable [to the assessor-collector
sufficient] to establish good reason for delinquent registration
but who [that the application] complies with the other requirements
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 [502.402] may register the
vehicle being operated at the time of the offense [with the county
assessor-collector] for a 12-month period without change to the
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 [county assessor-collector] shall
adopt a list of evidentiary items sufficient to establish good
reason for delinquent registration under Subsection (b) and provide
for the [forms of] evidence that may be used to establish good
reason under that subsection. [The list of evidentiary items
adopted under this section must allow for delinquent registration
under Subsection (b) because of:
[(1) extensive repairs on the vehicle;
[(2) the absence of the owner of the vehicle from this
country;
[(3) seasonal use of the vehicle; or
[(4) any other reason determined by the
assessor-collector to be a valid explanation for the delinquent
registration.]
(f) The board [department] by rule shall adopt procedures to
implement this section in connection with the delinquent
registration of a vehicle registered directly with the department
or through other means.
SECTION 88. 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 [502.153]. EVIDENCE OF FINANCIAL
RESPONSIBILITY. (a) Evidence [Except as provided by Subsection
(j), the owner of a motor vehicle, other than a trailer or
semitrailer, for which evidence] of financial responsibility as
[is] required by Section 601.051 other than for a trailer or
semitrailer [or a person who represents the owner for purposes of
registering a motor vehicle] shall be submitted [submit evidence of
financial responsibility] with the application for registration
under Section 502.043 [502.151]. A county assessor-collector may
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, [examining] the
evidence [, the assessor-collector] shall be returned [return the
evidence] unless it is in the form of a photocopy or an electronic
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
[Article 5.06 or 5.145], Insurance Code.
(e) At the time of registration, the county
assessor-collector shall provide to a person registering a motor
vehicle a [separate] statement that the motor vehicle [being
registered] may not be operated in this state unless:
(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 [Section]
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 89. 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 [502.009]. MOTOR VEHICLE EMISSIONS INSPECTION
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 [Natural
Resource Conservation] Commission on Environmental Quality or the
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 [Natural Resource Conservation] Commission
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 [The department may not register a] motor vehicle may
not be registered if the department receives from the Texas
[Natural Resource Conservation] Commission on Environmental
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 [The county tax assessor-collector] may
not be registered if the [register a] vehicle was denied
registration under Subsection (b) unless [the tax
assessor-collector has] verification is received that the
registered vehicle owner is in compliance with Subchapter F,
Chapter 548.
(d) The department, the Texas [Natural Resource
Conservation] Commission on Environmental Quality, and the
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 90. 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 [502.005]. REFUSAL TO REGISTER UNSAFE
VEHICLE. [(a)] The department may refuse to register a motor
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.
[(b) The department may refuse to register a motorcycle and
may suspend or revoke the registration of a motorcycle if the
department determines that the motorcycle's braking system does not
comply with Section 547.408.]
SECTION 91. 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) [the nominal tonnage rating of the vehicle;
[(3)] the gross vehicle weight rating [of the vehicle;
or
[(4) any combination of information described in
Subdivisions (1)-(3)].
SECTION 92. 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 [502.178]. REGISTRATION RECEIPT. [(a)] The
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 [:
[(1) the date of issuance;
[(2) the license number assigned to the vehicle;
[(3) the name and address of the owner; and
[(4) other information as determined by the
department.
[(b) The registration receipt issued for a commercial motor
vehicle, truck-tractor, trailer, or semitrailer must show the gross
weight for which the vehicle is registered].
SECTION 93. 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 [502.179]. DUPLICATE REGISTRATION RECEIPT.
(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 [as a fee of office].
SECTION 94. 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 [502.180]. ISSUANCE OF [LICENSE PLATE OR]
REGISTRATION INSIGNIA. (a) On payment of the prescribed fee [,
the department shall issue to] an applicant for motor vehicle
registration shall be issued a [license plate or set of plates or a
device that, when attached to the vehicle as prescribed by the
department, is the] registration insignia [for the period for which
it was issued].
(b) [Subject to Subchapter I, the department shall issue
only one license plate or set of plates for a vehicle during a
five-year period.
[(c)] On application and payment of the prescribed fee for a
renewal of the registration of a vehicle through the period set by
rule [for the first, second, third, or fourth registration year
after the issuance of a license plate or set of plates for the
vehicle], the department shall issue a registration insignia for
the validation of the license plate or plates to be attached as
provided by Subsection (c) [(d)].
(c) [(d)] Except as provided by Subsection (f) [(h)], the
registration insignia for validation of a license plate shall be
attached to the inside of the vehicle's windshield, if the vehicle
has a windshield, 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 [(e) The department shall adopt rules for
the issuance and use of license plates and registration insignia
issued under this chapter. The] rules may provide for the use of an
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 [(f) Subsections (b)-(d) do] not
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 [Section 502.184].
(f) [(g) The department shall provide a separate and
distinctive tab to be affixed to the license plate of an automobile,
pickup, or recreational vehicle that is offered for rent, as a
business, to any part of the public.
[(h)] The registration insignia [for validation of a
license plate] shall be attached to the rear license plate of the
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 [504.504]; or
(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 95. 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 [502.184]. REPLACEMENT OF REGISTRATION
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) [502.1705(a)] for each replacement registration
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
[502.1841].
(c) [The fee for replacement of license plates issued under
Section 504.507 is the amount prescribed by the department as
necessary to recover the cost of providing the replacement plates.
[(d) If license plates approved under Section 504.501(b) or
504.502(c) are lost, stolen, or mutilated, the owner of the vehicle
may obtain approval of another set of license plates as provided by
Section 504.501 or 504.502, respectively. The fee for approval of
replacement license plates is $5.
[(e)] A county assessor-collector may not issue a
replacement registration insignia without complying with this
section.
(d) [(f)] A county assessor-collector shall retain $2.50 of
each fee collected under this section and shall report and send the
remainder to the department.
[(g) Replacement license plates may be used in the
registration year in which the plates are issued and during each
succeeding year of the five-year period as prescribed by Section
502.180(b) if the registration insignia is properly attached.
[(h) Subsection (g) does not apply to 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.
[(i) The owner of a vehicle listed in Section 502.180(h) may
obtain replacement plates and a replacement registration insignia
by paying a fee of $5 plus the fees required by Sections 502.170(a)
and 502.1705(a).]
SECTION 96. The heading to Subchapter C, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. SPECIAL REGISTRATIONS [COUNTY ADMINISTRATION]
SECTION 97. 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 [502.0025]. EFFECT OF CERTAIN MILITARY
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) [502.002(a)] does not apply;
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 98. 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 [502.054]. INTERNATIONAL REGISTRATION PLAN
[AGREEMENTS WITH OTHER JURISDICTIONS; OFFENSE]. (a) The
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 99. 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 [502.355]. NONRESIDENT-OWNED VEHICLES USED
TO TRANSPORT FARM PRODUCTS[; OFFENSE]. (a) The department may
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 [on a form]
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 [502.162, 502.165, 502.166], or 502.256
[502.167], as appropriate, for the remainder of the registration
year.
(f) A vehicle for which a permit is issued under this
section may not be registered under Section 502.433 [502.163].
(g) A mileage referred to in this section is a state highway
mileage.
[(h) A person operating a vehicle under a permit issued
under this section commits an offense if the person:
[(1) 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; or
[(2) follows a route other than that prescribed by the
board.
[(i) An offense under Subsection (h) is a misdemeanor
punishable by a fine of not less than $25 or more than $200.]
SECTION 100. 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 [502.353]. [FOREIGN COMMERCIAL VEHICLES;]
ANNUAL PERMITS [; OFFENSE]. (a) The department may issue an annual
permit in lieu of registration to a foreign commercial motor
vehicle, trailer, or semitrailer that [:
[(1)] is subject to registration in this state [;] and
[(2)] is not authorized to travel on a public highway
because of the lack of registration in this state or the lack of
reciprocity with the state or country in which the vehicle is
registered.
(b) A permit issued under this section [:
[(1) is in lieu of registration; and
[(2)] is valid for a vehicle registration year to
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 [to] the
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 [cash or by
postal money order or certified check]; and
(3) furnishing evidence of financial responsibility
for the motor vehicle that complies with Sections 502.046(c)
[502.153(c)] and 601.168(a), the policies to be written by an
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
[502.162] or 502.255 [502.167], except as provided by Subsection
(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 [manufacturer's rated carrying capacity] of more than 10,000
pounds [one ton].
(g) A vehicle registered under this section is not subject
to the fee required by Section 502.401 [502.172] or 502.403
[502.173].
[(h) The department may:
[(1) adopt rules to administer this section; and
[(2) prescribe an application for a permit and other
forms under this section.
[(i) A person who violates this section commits an offense.
An offense under this section is a misdemeanor punishable by a fine
not to exceed $200.]
SECTION 101. 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 [502.352]. 72- OR 144-HOUR PERMITS [FOREIGN
COMMERCIAL VEHICLES]. (a) The department may issue a temporary
registration permit in lieu of registration for a commercial motor
vehicle, trailer, semitrailer, or motor bus that:
(1) is owned by a resident of the United States,
Canada, or the United Mexican States;
(2) is subject to registration in this state; and
(3) is not authorized to travel on a public highway
because of the lack of registration in this state or the lack of
reciprocity with the state or province in which the vehicle is
registered.
(b) A permit issued under this section [:
[(1) is in lieu of registration; and
[(2)] is valid for the period stated on the permit,
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[:
[(A) in cash;
[(B) by postal money order;
[(C) by certified check;
[(D) by wire transfer through the department's
wire service agent, if any;
[(E) by an escrow account; or
[(F) where the service is provided, by a credit
card issued by:
[(i) a financial institution chartered by a
state or the United States; or
[(ii) a nationally recognized credit
organization approved by the board;
[(3) paying a discount or service charge for a credit
card payment or escrow account, in addition to the fee];
(3) [(4)] furnishing to the county
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) [502.153(c)] and 601.168(a)
[and is written by an insurance company or surety company
authorized to write motor vehicle liability insurance in this
state]; and
(4) [(5)] submitting a copy of the applicable federal
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 [Sections 502.102 and 502.105]. Each week, a wire service
agent shall send to the department a report of all permits issued by
the agent during the previous week. The board [department] by rule
shall prescribe the format [form] and content of a report required
by this subsection.
(e) [The department may:
[(1) adopt rules to administer this section; and
[(2) prescribe an application for a permit and other
forms under this section.
[(f)] A vehicle issued a permit under this section is
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) [(g)] A commercial motor vehicle, trailer, semitrailer,
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) [(h)] A person who operates a commercial motor vehicle,
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) [(i)] The department may establish one or more escrow
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.
SECTION 102. 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 [502.354]. ONE-TRIP [SINGLE] OR 30-DAY TRIP
PERMITS [; OFFENSE]. (a) The department may issue a temporary
permit in lieu of registration for a vehicle [that:
[(1) is] subject to registration in this state that [;
and
[(2)] is not authorized to travel on a public highway
because of the lack of registration in this state or the lack of
reciprocity with the state or country in which the vehicle is
registered.
(b) A permit issued under this section [:
[(1) is in lieu of registration; and
[(2)] is valid for:
(1) [(A)] one trip, as provided by Subsection (c); or
(2) [(B)] 30 days, as provided by Subsection (d).
(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 [manufacturer's rated carrying
capacity] of more than 10,000 pounds [one ton] that will operate
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 [on a form] provided by the department
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 [cash or by postal money order or
certified check,] of:
(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)
[502.153(c)].
(f) A registration receipt [and temporary tag] shall be
carried in the vehicle at all times during the period in which it is
valid [issued on forms provided by the department]. The temporary
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.
[(h) A person issued a temporary registration under this
section who operates a vehicle in violation of Subsection (f)
commits an offense. An offense under this subsection is a Class C
misdemeanor.
[(i) The department may:
[(1) adopt rules to administer this section; and
[(2) prescribe an application for a permit and other
forms under this section.]
SECTION 103. The heading to Subchapter D, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. VEHICLES NOT ISSUED REGISTRATION [PROCEDURES AND
FEES]
SECTION 104. 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 [502.006]. CERTAIN OFF-HIGHWAY VEHICLES.
(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 [502.0071]. The operator
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 [502.172] does not apply to an
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 105. 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 [502.0072]. MANUFACTURED HOUSING.
Manufactured housing, as defined by Section 1201.003, Occupations
Code, is not a vehicle subject to this chapter.
SECTION 106. 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 [502.0073]. OTHER VEHICLES [POWER SWEEPERS].
[(a)] An owner may [of a power sweeper is] not [required to]
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 [sweeper].
[(b) In this section, "power sweeper" means an implement,
with or without motive power, designed for the removal by 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.]
SECTION 107. 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 [502.0078]. VEHICLES OPERATED ON PUBLIC
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 108. 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 [502.0079]. VEHICLES OPERATED BY CERTAIN
NONRESIDENTS. (a) [A nonresident owner of a motor vehicle,
trailer, or semitrailer that is registered in the state or country
in which the person resides may operate the vehicle to transport
persons or property for compensation without being registered in
this state, if the person does not exceed two trips in a calendar
month and each trip does not exceed four days.
[(b) A nonresident owner of a privately owned vehicle that
is not registered in this state may not make more than five
occasional trips in any calendar month into this state using the
vehicle. Each occasional trip into this state may not exceed five
days.
[(c)] A nonresident owner of a privately owned passenger car
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) [(d)] This section does not prevent:
(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) [(e)] The privileges provided by this section may be
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) [(f)] This section does not affect the right or status
of a vehicle owner under any reciprocal agreement between this
state and another state or country.
SECTION 109. 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 [504.504]. CERTAIN FARM VEHICLES AND DRILLING
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.
(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 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; [or]
(3) oil well servicing or drilling machinery and if at
the time of obtaining the license plates, the applicant submits
proof that the applicant has a permit under Section 623.142; or
(4) construction machinery [that is not designed to
transport persons or property on a public highway].
(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 [Chapter 502].
(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 109A. (a) Section 502.161, Transportation Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) For purposes of Subsection (a), a light truck that
weighs 6,000 pounds or less is considered a passenger car.
(b) This section takes effect August 31, 2011.
SECTION 110. Sections 502.180(b) and (c), Transportation
Code, are amended to read as follows:
(b) Subject to Subchapter I, the department shall issue only
one license plate or set of plates for a vehicle during a
[five-year] period of no less than eight years.
(c) On application and payment of the prescribed fee for a
renewal of the registration of a vehicle for each [the first,
second, third, or fourth] registration year after the issuance of a
license plate or set of plates for the vehicle, the department shall
issue a registration insignia for the validation of the license
plate or plates to be attached as provided by Subsection (d).
SECTION 111. Section 502.184(g), Transportation Code, is
amended to read as follows:
(g) Replacement license plates may be used in the
registration year in which the plates are issued and during each
succeeding year of a [the five-year] period of no less than eight
years as prescribed by Section 502.180(b) if the registration
insignia is properly attached.
SECTION 112. The heading to Subchapter E, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. ADMINISTRATION OF FEES [SPECIALLY DESIGNATED LICENSE
PLATES; EXEMPTIONS FOR GOVERNMENTAL AND QUASI-GOVERNMENTAL
VEHICLES]
SECTION 113. 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 [502.159]. SCHEDULE OF REGISTRATION FEES.
The department shall post [compile and furnish to each county
assessor-collector] a complete schedule of registration fees on the
Internet [to be collected on the various makes, models, and types of
vehicles].
SECTION 114. 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 [502.004]. COLLECTION OF FEES. (a) A person
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 not exceed the charges incurred by the
state because of the use of the electronic funds transfer, credit
card, or debit card.
(d) For online transactions 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 fee charged in
accordance with Section 2054.2591, Government Code.
(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 115. 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 116. 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 [502.181]. PAYMENT [OF REGISTRATION FEE] BY
CHECK DRAWN AGAINST INSUFFICIENT FUNDS. (a) A county
assessor-collector who receives from any person a check or draft
for [drawn on a bank or trust company in] payment of a registration
fee for a registration year that has not ended [on a motor vehicle,
trailer, or motorcycle sidecar] that is returned unpaid because of
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 [assessor-collector the] check or draft;
(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
[assessor-collector the] check or draft, if the person is in 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 117. 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 [502.182]. CREDIT FOR REGISTRATION FEE PAID ON
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 [:
[(1)] sending the registration fee receipt [and the
license plates] for the vehicle to the department [; and
[(2) executing a statement on a form provided by the
department showing that the license plates have been surrendered to
the department].
(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.
[(c) A statement executed under Subsection (a)(2) shall be
delivered to a purchaser of the destroyed vehicle. The purchaser
may surrender the statement to the department in lieu of the vehicle
license plates.
[(d) The department shall adopt rules to administer this
section.]
SECTION 118. 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 [502.183]. REFUND OF OVERCHARGED
REGISTRATION FEE. (a) The owner of a motor vehicle [that is
required to be registered] who pays an annual registration fee in
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[.
The owner must make a claim for a refund of an overcharge] not later
than the first [fifth] anniversary of the date the excessive
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 119. 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 [502.051]. DEPOSIT OF REGISTRATION FEES IN
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 120. 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 [502.101]. REGISTRATION BY MAIL OR ELECTRONIC
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 121. 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 [502.102]. DISPOSITION OF FEES GENERALLY.
(a) Except as provided by Sections 502.1982 [502.103] and 502.357
[502.104], this section applies to all fees collected by a county
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 [502.1025].
(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.
[(e) Each Monday the county assessor-collector shall send
to the department a copy of each receipt issued the previous week
for a registration fee under this chapter.]
SECTION 122. 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 [502.1025]. CALCULATION OF ADDITIONAL FEE
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) [502.102(b)] fees based on the following
percentage of the amounts calculated under Subsection [subsection]
(a) during each of the following fiscal years:
(1) [in fiscal year 2006, 90 percent;
[(2) in fiscal year 2007, 80 percent;
[(3) in fiscal year 2008, 70 percent;
[(4) in fiscal year 2009, 60 percent;
[(5) in fiscal year 2010, 50 percent;
[(6) in fiscal year 2011, 40 percent;
[(7)] in fiscal year 2012, 30 percent;
(2) [(8)] in fiscal year 2013, 20 percent;
(3) [(9)] in fiscal year 2014, 10 percent;
(4) [(10)] in fiscal year 2015 and succeeding years, 0
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 123. 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 [502.103]. DISPOSITION OF OPTIONAL COUNTY
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 [502.172] by:
(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 [502.172].
SECTION 124. 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 [502.106]. DEPOSIT OF FEES IN
INTEREST-BEARING ACCOUNT. (a) Except as provided by Sections
502.1982 [502.103] and 502.357 [502.104], a county
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
[502.104].
(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 125. 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 [502.107]. INTEREST ON FEES. (a) A fee
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 126. 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 [502.108]. USE OF REGISTRATION FEES RETAINED
BY COUNTY. (a) Money credited to the county road and bridge fund
under Section 502.198 [502.102] or 502.1982 [502.103] may not be
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 127. 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 [502.110]. CONTINGENT PROVISION FOR
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 128. The heading to Subchapter F, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER F. REGULAR REGISTRATION FEES [SPECIALIZED LICENSE
PLATES; EXEMPTIONS FOR PRIVATELY OWNED VEHICLES]
SECTION 129. 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 [502.160]. FEE: MOTORCYCLE OR MOPED. The
fee for a registration year for registration of a motorcycle or
moped is $30.
SECTION 130. 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 [502.162]. FEE: VEHICLES THAT WEIGH MORE THAN
6,000 POUNDS. [(a)] The fee for a registration year for
registration of a vehicle with a gross weight of more than 6,000
pounds is as follows unless otherwise provided in this chapter:
Weight Classification Fee Schedule
in pounds
6,001-10,000 $54.00
10,001-18,000 $110.00
18,001-25,999 $205.00
26,000-40,000 $340.00
40,001-54,999 $535.00
55,000-70,000 $740.00
70,001-80,000 $840.00
[(b) The gross weight of a vehicle is the actual weight of
the vehicle, fully equipped with a body and other equipment, as
certified by a public weigher or a license and weight inspector of
the Department of Public Safety, plus its net carrying capacity.
[(c) The net carrying capacity of a vehicle other than a bus
is the heaviest net load to be carried on the vehicle, but not less
than the manufacturer's rated carrying capacity.
[(d) The net carrying capacity of a bus is computed by
multiplying its seating capacity by 150 pounds. The seating
capacity of a bus is:
[(1) the manufacturer's rated seating capacity,
excluding the operator's seat; or
[(2) if the manufacturer has not rated the vehicle for
seating capacity, a number computed by allowing one passenger for
each 16 inches of seating on the bus, excluding the operator's
seat.]
SECTION 131. 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 [502.166]. FEE: TRAILER, TRAVEL TRAILER, OR
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) [(a-1)] The fee for a registration year for
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 [502.162].
[(b) The gross weight of a trailer or semitrailer is the
actual weight of the vehicle, as certified by a public weigher or a
license and weight inspector of the Department of Public Safety,
plus its net carrying capacity.
[(c) The net carrying capacity of a vehicle is the heaviest
net load to be carried on the vehicle, but not less than the
manufacturer's rated carrying capacity.
[(d) 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."
[(e) In this section:
[(1) "Rental fleet" means five or more vehicles that
are:
[(A) owned by the same owner;
[(B) offered for rent or rented without drivers;
and
[(C) designated by the owner in the manner
prescribed by the department as a rental fleet.
[(2) "Rental trailer" means a utility trailer that:
[(A) has a gross weight of 4,000 pounds or less;
and
[(B) is part of a rental fleet.
[(3) "Travel trailer" means a house trailer-type
vehicle or a camper trailer that is:
[(A) less than eight feet in width or 40 feet in
length, exclusive of any hitch installed on the vehicle; and
[(B) designed primarily for use as temporary
living quarters in connection with recreational, camping, travel,
or seasonal use and not as a permanent dwelling; provided that
"travel trailer" shall not include a utility trailer, enclosed
trailer, or other trailer not having human habitation as its
primary purpose.]
SECTION 132. 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 [502.167]. TRUCK-TRACTOR OR COMMERCIAL MOTOR
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 [502.162].
(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
[504.504];
(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
[housetrailer] type; or
(4) a vehicle registered or to be registered:
(A) with a temporary registration permit;
(B) under Section 502.433 [502.163]; or
(C) under Section 502.435 [502.188].
(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
[for a registration period of five consecutive years] if the
person:
(1) applies to the department for [the five-year]
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 [502.172], for each year included in the
registration period.
[(k) If during the five-year registration period for a
vehicle registered under Subsection (j) the amount of a fee imposed
under that subsection is increased, the owner of the vehicle is
liable to the department for the amount of the increase. If the
amount of a fee is decreased, the owner of the vehicle is not
entitled to a refund.
[(l) In this section:
[(1) "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.
[(2) "Empty weight" means the unladen weight of the
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.
[(3) "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.
[(4) "Apportioned license plate" means a license plate
issued in lieu of truck license plates or combination license
plates to a motor carrier in this state who proportionally
registers a vehicle owned by the carrier in one or more other
states.
[(5) "Combination license plate" means a license plate
issued for a truck or truck-tractor that:
[(A) has a manufacturer's rated carrying
capacity of more than one ton; and
[(B) is used or intended to be used in
combination with a semitrailer that has a gross weight of more than
6,000 pounds.]
SECTION 133. 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 [502.165]. FEE: ROAD TRACTOR. The fee for a
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 [502.161] or 502.253 [502.162], as applicable.
SECTION 134. The heading to Subchapter G, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER G. ADDITIONAL FEES [TEMPORARY REGISTRATION]
SECTION 135. 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 [502.1705]. [ADDITIONAL FEE FOR] AUTOMATED
REGISTRATION AND TITLING [TITLE] SYSTEM. (a) In addition to other
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 136. 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 [502.1715]. FINANCIAL RESPONSIBILITY
[ADDITIONAL FEE FOR CERTAIN DEPARTMENT] PROGRAMS. (a) In
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
[502.153], the applicant shall pay a fee of $1. In addition to other
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 137. 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 [502.1675]. TEXAS EMISSIONS REDUCTION PLAN
SURCHARGE. (a) In addition to the registration fees charged under
Section 502.255 [502.167], a surcharge is imposed on the
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 138. 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 [502.171]. ADDITIONAL FEE FOR CERTAIN
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 [manufacturer's rated carrying capacity] of
18,000 pounds [two tons] or less, or a vehicle registered in
combination under Section 502.255 [502.167] is increased by 11
percent if the vehicle has a diesel motor.
(b) The [A county assessor-collector shall show on the]
registration receipt for a motor vehicle, other than a passenger
car or a truck with a gross vehicle weight [manufacturer's rated
carrying capacity] of 18,000 pounds [two tons] or less, must show
that the vehicle has a diesel motor.
(c) The department may adopt rules to administer this
section.
SECTION 139. The heading to Subchapter H, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER H. OPTIONAL FEES [OFFENSES AND PENALTIES]
SECTION 140. 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 [502.172]. OPTIONAL COUNTY FEE FOR ROAD AND
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 [and] that[, under this chapter,] must be registered
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 [and develop forms]
necessary to administer registration [by mail] for a vehicle being
registered in a county imposing a fee under this section.
SECTION 141. 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 [502.1725]. OPTIONAL COUNTY FEE FOR
TRANSPORTATION PROJECTS. (a) This section applies only to:
(1) a county:
(A) [(1)] that borders the United Mexican
States;
(B) [(2)] that has a population of more than
300,000; and
(C) [(3)] in which the largest municipality has a
population of less than 300,000; and
(2) a county that has a population of less than 50,000
that:
(A) borders the United Mexican States; and
(B) contains at least one federal military base.
(b) The commissioners court of a county by order may impose
an additional fee, not to exceed $10, for [registering] a vehicle
registered in the county.
(c) 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.
(d) 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.
[(e) A fee imposed under this section may] be removed in
accordance with the requirements of Section 502.401[. 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) [(f)] The [county assessor-collector of a county
imposing a fee under this section shall collect the] additional fee
shall be collected for a vehicle when other fees imposed under this
chapter are collected. The [county shall send the] fee revenue
collected shall be sent:
(1) to the regional mobility authority of the county
to fund long-term transportation projects in the county if the
county is included in an authority; or
(2) to the county treasurer to be credited to the
county public transportation fund if the county is not included in
an authority.
(f) [(g) 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 and that, under this chapter, must be registered
directly with the department. The department shall send all fees
collected for a county under this subsection to the regional
mobility authority of the county to fund long-term transportation
projects in the county.
[(h)] The department shall adopt rules [and develop forms]
necessary to administer registration [by mail] for a vehicle being
registered in a county imposing a fee under this section.
SECTION 142. 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 [502.173]. OPTIONAL COUNTY FEE FOR CHILD
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 [registering] a vehicle registered in the county.
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 [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 10 of the year preceding the
year in which the fee takes effect.
[(d) A fee imposed under this section may] be removed in
accordance with the provisions of Section 502.401. [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.]
(d) [(e)] The [county assessor-collector of a county
imposing a fee under this section shall collect the] additional fee
shall be collected for a vehicle when other fees imposed under this
chapter are collected.
(e) [(f)] A county imposing a fee under this section may
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) [(g)] A municipality with a population greater than
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) [(h)] After deducting administrative costs, a county
may use revenue from a fee imposed under this section only for a
purpose permitted by Article 102.014(g) [Subsection (g), Article
102.014], Code of Criminal Procedure.
SECTION 143. 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 [502.174]. VOLUNTARY ASSESSMENT FOR YOUNG
FARMER LOAN GUARANTEES. (a) When a person registers a commercial
motor vehicle under Section 502.433 [502.163], the person shall pay
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 144. 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 [502.1745]. DONOR EDUCATION, AWARENESS, AND
REGISTRY PROGRAM [VOLUNTARY FEE]. (a) The department shall
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 [A county assessor-collector shall
make the] educational materials shall be made available in each
office authorized to accept applications for registration of motor
vehicles.
(b) A person may elect to pay [county assessor-collector
shall collect] an additional fee of $1 for the registration or
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 [, if the person registering or
renewing the registration of a motor vehicle opts to pay the
additional fee]. Notwithstanding any other provision of this
chapter, [the county assessor-collector shall remit] all fees
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 145. The heading to Subchapter I, Chapter 502,
Transportation Code, is amended to read as follows:
SUBCHAPTER I. ALTERNATE REGISTRATION FEES [TRANSFER AND REMOVAL OF
LICENSE PLATES FOR THE SALE OR TRANSFER OF USED VEHICLES]
SECTION 146. 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 [502.164]. FEE: MOTOR VEHICLE USED
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 147. 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 [502.1586]. [REGISTRATION PERIOD FOR
TRUCK-TRACTOR OR COMMERCIAL MOTOR] VEHICLE TRANSPORTING SEASONAL
AGRICULTURAL PRODUCTS. (a) The department shall provide for a
monthly registration period for a truck-tractor or a commercial
motor vehicle [that]:
(1) that is used exclusively to transport a seasonal
agricultural product; [and]
(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 [adopt forms for registration
under this section. An applicant must indicate the number of months
registration is applied for.
[(c) The department shall design,] prescribe [, and
furnish] a registration receipt that is valid until the expiration
of the designated registration period.
(c) [(d)] The registration fee for a registration under
this section is computed at a rate of one-twelfth the annual
registration fee under Section 502.253 [502.162], 502.255
[502.163], or 502.433 [502.167], as applicable, multiplied by the
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) [(e) A person issued a registration under this section
commits an offense if the person, during the registration period
for the truck-tractor or commercial motor vehicle, uses the
truck-tractor or commercial motor vehicle for a purpose other than
to transport a seasonal agricultural product.
[(f) A truck-tractor or commercial motor vehicle may not be
registered under this section for a registration period that is
less than one month or longer than six months.
[(g)] For purposes of this section, "to transport a seasonal
agricultural product" includes any transportation activity
necessary for the production, harvest, or delivery of an
agricultural product that is produced seasonally.
SECTION 148. 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 [502.163]. FEE: COMMERCIAL FARM MOTOR VEHICLE
[USED PRIMARILY FOR FARM PURPOSES; OFFENSE]. (a) The registration
fee for a commercial motor vehicle as a farm vehicle is 50 percent
of the applicable fee under Section 502.253 [502.162] if the
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.
[(e) The owner of a commercial motor vehicle registered
under this section commits an offense if the person uses or permits
to be used the vehicle for a purpose other than one permitted by
this section. Each use or permission for use in violation of this
section is a separate offense.
[(f) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.]
SECTION 149. 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 [502.351]. FARM VEHICLES: EXCESS WEIGHT. (a)
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
[by this chapter] for the vehicle and the annual fee for the desired
weight, as follows:
One month (30 consecutive days) 10 percent
One quarter 30 percent
Two quarters 60 percent
Three quarters 90 percent
(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 150. 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 [502.188]. CERTAIN SOIL CONSERVATION
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 [applying for registration under this section]
must certify [submit a statement] that the vehicle is to be used
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 [shall] state the nature of the operation for which the vehicle
may be used. [The receipt must be carried at all times in or on the
vehicle to permit ready inspection.]
(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 151. Chapter 502, Transportation Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. REGISTRATIONS EXEMPT FROM FEES
SECTION 152. 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 [502.201]. [LICENSE PLATES FOR] EXEMPT
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) [(d)] The department shall provide by rule for the
issuance of specially designated license plates for vehicles that
are exempt by law. Except as provided by Subsection (f) [(g)], the
license plates must bear the word "exempt."
(d) [(e)] A license plate under Subsection (c) [(d)] is not
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) [(f)] A person who operates on a public highway a
vehicle after the registration has been revoked is liable for the
penalties for failing to register a vehicle.
(f) [(g)] The department shall provide by rule for the
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 153. 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 [502.2015]. LIMITATION ON ISSUANCE OF EXEMPT
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 [502.202] has authority to
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 [502.202] has authority to certify to the
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) [502.201(g) or 502.206] applies.
(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 154. 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 [502.202]. GOVERNMENT-OWNED VEHICLES; PUBLIC
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 [502.201] and is exempt from the payment of a registration
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; [or]
(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 155. 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 [502.203]. VEHICLES USED BY NONPROFIT DISASTER
RELIEF ORGANIZATIONS. (a) The owner of a commercial motor vehicle,
trailer, or semitrailer may apply for registration under Section
502.451 [502.201] and is exempt from the payment of the
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 156. 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 [502.2035]. TRAILERS AND SEMITRAILERS OWNED BY
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 157. 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 [502.204]. EMERGENCY SERVICES VEHICLES. (a) A
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 [Texas
Board of] Health Services under Chapter 773, Health and Safety
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 [Texas Board of] Health Services. An
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
[502.201].
SECTION 158. 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 [520.0225]. PERSONS ON ACTIVE DUTY IN ARMED
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 [in Section 520.021] that a used vehicle
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 [520.022], the person selling, trading, or
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 159. Chapter 502, Transportation Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. OFFENSES AND PENALTIES
SECTION 160. 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 [502.401]. GENERAL PENALTY. (a) A person
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 [502.101, 502.109, 502.112, 502.113,
502.114, 502.152, 502.164], or 502.431 [502.282].
(c) Unless otherwise specified, an [An] offense under this
section is a misdemeanor punishable by a fine not to exceed $200.
SECTION 161. 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 [502.402]. OPERATION OF VEHICLE UNDER IMPROPER
REGISTRATION [UNREGISTERED MOTOR VEHICLE]. [(a)] A person commits
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. [An offense under this
subsection is a misdemeanor punishable by a fine not to exceed
$200.]
SECTION 162. 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 [502.404]. OPERATION OF VEHICLE WITHOUT
[LICENSE PLATE OR] REGISTRATION INSIGNIA. (a) [A person commits an
offense if the person operates on a public highway during a
registration period a passenger car or commercial motor vehicle
that does not display two license plates, at the front and rear of
the vehicle, that have been:
[(1) assigned by the department for the period; or
[(2) validated by a registration insignia issued by
the department that establishes that the vehicle is registered for
the period.
[(b)] A person commits an offense if the person operates on
a public highway during a registration period a [passenger car or
commercial] motor vehicle[, other than a vehicle assigned license
plates for the registration period,] that does not properly display
the registration insignia issued by the department that establishes
that the license plates have been validated for the period.
(b) [(c)] 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, attached to the rear of the vehicle, that has been:
[(1) assigned by the department for the period; or
[(2) validated by] a registration insignia issued by
the department that establishes that the vehicle is registered for
the period.
(c) This section does [(d) Subsections (a) and (b) do] not
apply to a dealer operating a vehicle as provided by law.
(d) [(e) An offense under this section is a misdemeanor
punishable by a fine not to exceed $200.
[(f) A court may dismiss a charge brought under Subsection
(a) if the defendant:
[(1) remedies the defect before the defendant's first
court appearance; and
[(2) pays an administrative fee not to exceed $10.
[(g)] A court may dismiss a charge brought under Subsection
(a) [(b)] if the defendant:
(1) shows that[:
[(A)] the [passenger car or commercial] motor
vehicle was issued a registration insignia by the department that
was attached to the motor vehicle, establishing that [establishes
that] the vehicle was registered for the period during which the
offense was committed; and
[(B) the registration insignia described in
Paragraph (A) was attached to the passenger car or commercial motor
vehicle before the defendant's first court appearance; and]
(2) pays an administrative fee not to exceed $10.
SECTION 163. 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 164. 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 [502.409]. WRONG, FICTITIOUS, ALTERED, OR
OBSCURED INSIGNIA [LICENSE PLATE]. (a) A person commits an offense
if the person attaches to or displays on a motor vehicle a [number
plate or] registration insignia that:
(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[;
[(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 material, or
other apparatus 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 (d) [(f)], 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 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.
(d) [(f)] An offense under Subsection (a)(4) is a Class B
misdemeanor.
SECTION 165. 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 166. 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 [520.014]. VIOLATION BY COUNTY
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 167. Chapter 502, Transportation Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. REGISTRATION AND TRANSFER OF USED VEHICLES
SECTION 168. 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 [502.451]. TRANSFER OF VEHICLE REGISTRATION
[AND REMOVAL OF LICENSE PLATES]. (a) On the sale or transfer of a
motor vehicle [to a dealer], [as defined by Section 503.001, who
holds a general distinguishing number issued under Chapter 503, the
dealer shall remove each license plate and] the registration
insignia issued for the motor vehicle shall be removed.
[(a-1) On a sale or transfer of a motor vehicle to a person
that does not hold a general distinguishing number issued under
Chapter 503, the seller or transferor may remove each license plate
and the registration insignia issued for the motor vehicle.]
(b) [A license plate removed from a motor vehicle under
Subsection (a) or (a-1) must be:
[(1) disposed of in the manner specified by the
department; or
[(2) transferred to another vehicle owned by the
seller or transferor as provided by Section 502.452.
[(c)] The part of the registration period remaining at the
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 [520.031].
SECTION 169. 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 [502.454]. TEMPORARY TRANSIT PERMIT FOR A
VEHICLE PURCHASED [IN A PRIVATE PARTY TRANSACTION]. (a) A
purchaser [or transferee] may obtain from the department a
temporary transit [single-trip] permit to operate a motor vehicle:
(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 [502.451(a-1)]; and
(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 [on a form] provided by the department, to the
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
[on] a manner [form] provided by the department. The receipt must
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 170. The heading to Chapter 504, Transportation
Code, is amended to read as follows:
CHAPTER 504. [SPECIALTY] LICENSE PLATES
SECTION 171. 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 172. Section 504.004, Transportation Code, is
redesignated as Section 504.0011, Transportation Code, and amended
to read as follows:
Sec. 504.0011 [504.004]. RULES [AND FORMS]. The board may
adopt rules [and the department may issue forms] to implement and
administer this chapter.
SECTION 173. Section 504.002, Transportation Code, is
amended to read as follows:
Sec. 504.002. [PROVISIONS OF] GENERAL PROVISIONS
[APPLICABILITY]. Unless expressly provided by this chapter or by
department rule:
(1) except for license plates specified as exempt,
[any vehicle 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;
[(2) 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;
[(3)] the fee for issuance of a [specialty] license
plate, including replacement plates, is in addition to each other
fee that is paid for [or] at the time of the registration of the
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) [(4) 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 period 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;
[(5)] the department is the exclusive owner of the
design of each [specialty] license plate;
(4) [(6) the director may refuse to issue a specialty
license plate with a design or alphanumeric pattern that the
director considers potentially objectionable to one or more members
of the public and the director's refusal may not be overturned in
the absence of an abuse of discretion;
[(7) for each specialty license plate that is issued
through a county tax assessor-collector and for which the
department is allocated a portion of a 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;
[(8)] if a [specialty] license plate is lost, stolen,
or mutilated, an application for a replacement plate must be
accompanied by the fee prescribed by Section 502.060
[502.184(a)(2);
[(9) 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];
and
(5) the department shall prepare the designs and
specifications of license plates [(10) a person who is issued a
specialty license plate may not transfer it to another person or
vehicle without first receiving approval from the department].
SECTION 174. 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 [504.103]. DESIGN AND ALPHANUMERIC PATTERN.
(a) The department has sole control over the design, typeface,
color, and alphanumeric pattern for all [a personalized] license
plates [plate].
(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 175. 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 176. 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 [502.053]. COST OF MANUFACTURING [LICENSE
PLATES OR REGISTRATION INSIGNIA]. (a) The department shall
reimburse the Texas Department of Criminal Justice for the cost of
manufacturing license plates [or registration insignia] as [the
license plates or insignia and] the invoices [invoice] for the
license plates [or insignia] are delivered to the department.
(b) When manufacturing is started, the Texas Department of
Criminal Justice and [,] the department, [and the comptroller,]
after negotiation, shall set the price to be paid for each license
plate [or insignia]. The price must be determined from:
(1) the cost of metal, paint, and other materials
purchased;
(2) the inmate maintenance cost per shift [day];
(3) overhead expenses;
(4) miscellaneous charges; and
(5) a previously agreed upon [approved] amount of
profit for the work.
[(c) The annual profit received by the Texas Department of
Criminal Justice from all contracts for the manufacturing of
license plates or related manufacturing may not be less than the
profit received by the Texas Department of Corrections for
manufacturing license plates for use in 1974.]
SECTION 177. 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 [502.1841]. REPLACEMENT LICENSE PLATES. (a)
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) [502.1705(a)] for each set of replacement license
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 [Subchapter I].
(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
exempt plates for governmental entities and temporary registration
plates.
SECTION 178. 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 179. Section 504.003, Transportation Code, is
redesignated as Section 504.009, Transportation Code, and amended
to read as follows:
Sec. 504.009 [504.003]. SOUVENIR LICENSE PLATES. (a) The
department may issue a souvenir version of any specialty license
plate for any vehicle[, including a motorcycle].
(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 November 19
[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 November 19 [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[, including a motorcycle,] and is not an insignia of
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 [boxes of 25], for use or
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 180. 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) The board may adopt rules regarding the placement of
license plates for a motor vehicle, road tractor, motorcycle,
trailer, or semitrailer.
SECTION 181. Subchapter B, Chapter 504, Transportation
Code, is amended by adding Section 504.101 to read as follows:
Sec. 504.101. PERSONALIZED LICENSE PLATES. The department
shall issue personalized license plates, including those sold by
the private vendor under a contract with the department as provided
by Section 504.851.
SECTION 182. 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 [manufacturer's rated
carrying capacity] of 18,000 pounds [two tons] or less; and
(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 [and the county
assessor-collector processing the application execute an
affidavit] attesting to the person's disability before the county
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 [carrying capacity] of 18,000 pounds [two
tons] or less and is equipped with special equipment that:
(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 183. Section 504.202, Transportation Code, is
amended by amending Subsections (b) and (f) and adding Subsection
(i) 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 [manufacturer's
rated carrying capacity] of 18,000 pounds [two tons] or less.
(f) The fee for the first set of license plates is $3. There
is no fee for each additional set of license plates. [If a license
plate is lost, stolen, or mutilated, on payment of a $1 fee the
department shall issue a set of replacement plates.]
(i) A license plate with the letters "DV" may be
personalized with up to four characters.
SECTION 184. 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 [signed] by
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 185. Section 504.301, Transportation Code, is
amended to read as follows:
Sec. 504.301. PROVISIONS GENERALLY APPLICABLE TO MILITARY
SPECIALTY LICENSE PLATES. (a) Unless expressly provided by this
subchapter or department rule:
(1) the department shall design specialty license
plates for the military; and
(2) a person is not eligible to be issued a specialty
license plate under this subchapter if the person was discharged
from the armed forces under conditions less than honorable.
(b) Notwithstanding any other provision of this subchapter,
the department may design the wording on the specialty license
plates to accommodate legibility and reflectivity.
SECTION 186. Section 504.3011, Transportation Code, is
amended to read as follows:
Sec. 504.3011. DESIGN OF CERTAIN LICENSE PLATES FOR THE
MILITARY. [(a) License plates issued under Section 504.303 must
at a minimum bear a color depiction of the emblem of the appropriate
branch of the United States armed forces.
[(b) License plates issued under Section 504.308(a) or
504.315(e), (f), or (g) must at a minimum bear a color depiction of
the appropriate medal.
[(c)] The department shall design military license plates
that:
(1) 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; and
(2) include the words "Honorably Discharged" for
license plates issued to former members of the United States armed
forces [to which this section applies in consultation with veterans
organizations].
SECTION 187. 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." [and
must be consecutively numbered.] A person is eligible if the
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 188. Subchapter D, Chapter 504, Transportation
Code, is amended by adding Section 504.317 to read as follows:
Sec. 504.317. SURVIVING SPOUSES OF DISABLED VETERANS
SPECIALTY LICENSE PLATES. (a) In this section, "surviving spouse"
means the individual married to a disabled veteran at the time of
the veteran's death.
(b) The department shall issue specialty license plates for
surviving spouses of disabled veterans of the United States armed
forces.
SECTION 189. 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 190. Sections 504.401(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall issue [without charge] specialty
license plates that include the words "State Official" to a state
official. [The license plates must include the words "State
Official."]
(c) The registration remains [license plates remain] valid
until December 31 of each year.
SECTION 191. Section 504.402(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue [without charge] specialty
license plates to [for] members of congress, which [. License
plates issued under this section] must include the words "U.S.
Congress."
SECTION 192. Section 504.403(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue [without charge] specialty
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 193. 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 194. Section 504.404(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue [without charge] specialty
license plates to [for] current federal administrative law judges
that [. The license plates shall] bear the words "U.S. A. L.
Judge."
SECTION 195. Section 504.405(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue [without charge] specialty
license plates for current county judges of this state that[. The
license plates shall] bear the words "County Judge."
SECTION 196. Section 504.406, Transportation Code, is
amended to read as follows:
Sec. 504.406. TEXAS CONSTABLES. The department shall issue
[without charge] specialty license plates for Texas constables
that[. The license plates shall] bear the words "Texas Constable."
SECTION 197. Section 504.412, Transportation Code, is
redesignated as Section 504.4061, Transportation Code, and amended
to read as follows:
Sec. 504.4061 [504.412]. FOREIGN ORGANIZATION VEHICLES.
(a) The department shall issue specialty license plates for an
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" and
shall remain valid for seven [five] years.
(b) A person entitled to specialty license plates under this
section may register the vehicle without payment of any fee paid for
or at the time of registration.
SECTION 198. 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 [504.509]. VEHICLES CARRYING MOBILE AMATEUR
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 199. Section 504.501(b), Transportation Code, is
amended to read as follows:
(b) A person eligible for the license plates may instead use
license plates that were issued by this state in the same year as
the model year of the vehicle and are approved by the department [if
the plates are approved for the vehicle before January 1, 2011]. The
department may require the attachment of a registration insignia to
the license plate in a manner that does not affect the display of
information originally on the license plate.
SECTION 200. 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 [FOR CERTAIN VEHICLES]
SECTION 201. Section 504.502(g), Transportation Code, is
amended to read as follows:
(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. [An owner of a vehicle
registered under this subsection who violates this section commits
an offense. An offense under this section is a misdemeanor
punishable by a fine of not less than $5 or more than $200.]
SECTION 202. Section 504.503, Transportation Code, is
amended to read as follows:
Sec. 504.503. MUNICIPAL, MOTOR, AND PRIVATE BUSES.
[(a)] The department shall issue without charge specialty license
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.
[(b) In this section, "private bus" means a bus that:
[(1) is not operated for hire; and
[(2) is not classified as a municipal bus or a motor
bus.]
SECTION 203. The heading to Section 504.506, Transportation
Code, is amended to read as follows:
Sec. 504.506. [CERTAIN] LOG LOADER VEHICLES.
SECTION 204. 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 [504.407]. PEACE OFFICERS WOUNDED OR KILLED
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 [504.408]. GOLD STAR MOTHER, SPOUSE, OR
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 205. 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 [504.409]. FIREFIGHTERS. (a) The department
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) [(c)] A person may be issued not more than three sets of
license plates.
SECTION 206. 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 [504.410]. EMERGENCY MEDICAL SERVICES
PERSONNEL. (a) The department shall issue specialty license
plates for emergency medical services personnel certified by the
[Texas] Department of State Health Services under Subchapter C,
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 [504.411]. HONORARY CONSULS. (a) The
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 207. 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 208. Section 504.6011, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The sponsor of a specialty license plate [authorized to
be issued under this subchapter before September 1, 2009,] may
contract with the private vendor authorized under Subchapter J for
the marketing and sale of the specialty license plate.
(d) A sponsor of a specialty license plate authorized to be
issued under this subchapter before November 19, 2009, may
reestablish its specialty license plate under Sections 504.601 and
504.702 and be credited its previous deposit with the department if
a contract entered into by the sponsor under Subsection (a)
terminates.
SECTION 209. Section 504.614, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (b-1) 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 [it has determined that at least 3,500
persons will apply for the plates]; and
(2) plays its home games in a facility constructed or
operated, in whole or in part, with public funds.
(b-1) A public entity that receives money under Subsection
(b) may contract with the private vendor under Section 504.6011 to
distribute the entity's portion of the money in a manner other than
that described by Subsection (b).
SECTION 210. 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 [it has determined that at
least 1,500 persons will apply for the plates].
(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; [or]
(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 211. 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 ["Texas Reads." The
department shall design the license plates to] incorporate one or
more submissions from middle school students in a competition
conducted by the department.
SECTION 212. The heading to Section 504.642, Transportation
Code, is amended to read as follows:
Sec. 504.642. TEXAS COUNCIL OF [COUNTY] CHILD WELFARE
BOARDS [BOARD] LICENSE PLATES.
SECTION 213. Section 504.642(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue Texas Council of [County]
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 214. Section 504.647(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue Fight Terrorism specialty
license plates that [. The license plates shall] include a
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 215. 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 [504.413]. MEMBERS OF AMERICAN LEGION.
(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 216. 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 [on] a manner prescribed [form adopted] by
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[:
[(A)] a deposit of $8,000[; or
[(B) applications for issuance of at least 1,900
sets of the license plates plus the fees for issuance of that number
of sets].
(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 217. Sections 504.801(a), (b), (d), and (d-1),
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[,
except that the department may require a nonrefundable design fee].
(b) Any nonprofit entity [person] may submit an application
to the department to sponsor a new specialty license plate [by
submitting an application to the department]. An application may
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.
(d) The fee for issuance of license plates created under
this subchapter before November 19 [September 1], 2009, is $30
unless the department sets a higher fee. This subsection does not
apply to a specialty license plate marketed and sold by a private
vendor at the request of the specialty license plate sponsor.
(d-1) The fee for issuance of license plates created under
this subchapter on or after November 19 [September 1], 2009, is the
amount established under Section 504.851.
SECTION 218. The heading to Section 504.802, Transportation
Code, is amended to read as follows:
Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF
SPECIALTY LICENSE PLATES [CREATED BEFORE SEPTEMBER 1, 2009].
SECTION 219. Section 504.802, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) A sponsor of a specialty license plate created under
this subchapter [before September 1, 2009,] may contract with the
private vendor authorized under Subchapter J for the marketing and
sale of the specialty license plate.
(c) Notwithstanding any other law, from each fee received
from the issuance of a specialty license plate marketed and sold by
the private vendor under this section, the department shall:
(1) deduct the administrative costs described by
Section 504.801(e)(1);
(2) deposit the portion of the fee for the sale of the
plate that the state would ordinarily receive under the contract
described by Section 504.851(a) to the credit of:
(A) the specialty license plate fund, if the
sponsor nominated a state agency to receive the funds; [or]
(B) the general revenue fund, if the sponsor did
not nominate a state agency to receive the funds or if there is no
sponsor; or
(C) for a license plate issued under Section
504.614, the public entity that provides or provided funds for the
professional sports team's facility; and
(3) pay to the private vendor the remainder of the fee.
(d) A sponsor of a specialty license plate may reestablish
its specialty license plate under Sections 504.601 and 504.702 and
be credited its previous deposit with the department if a contract
entered into by the sponsor under Subsection (a) terminates.
SECTION 220. Section 504.851, Transportation Code, is
amended by amending Subsections (a-2), (c), (e), (f), and (h) and
adding Subsections (a-3) and (m) to read as follows:
(a-2) Specialty license plates authorized for marketing and
sale under Subsection (a) may be personalized and must include:
(1) specialty license plates created under
Subchapters G and I on or after November 19 [September 1], 2009; and
(2) at the request of the specialty license plate
sponsor, an existing specialty license plate created under
Subchapters G and I before November 19 [September 1], 2009.
(a-3) The department may contract with the private vendor
for the vendor to:
(1) host all or some of the specialty license plates on
the vendor's website;
(2) process the purchase of specialty license plates
hosted on the vendor's website and pay any additional transaction
cost; and
(3) share in the personalization fee for the license
plates hosted on the vendor's website.
(c) The board by rule shall establish the fees for the
issuance or renewal of souvenir license plates, specialty license
plates, or souvenir or specialty license plates that are
personalized that are marketed and sold by the private vendor or
hosted on the private vendor's website. The state's portion of the
personalization fee may not be less than $40 for each year issued.
Other fees [Fees] must be reasonable and not less than the amounts
necessary to allow the department to recover all reasonable costs
to the department associated with the evaluation of the competitive
sealed proposals received by the department and with the
implementation and enforcement of the contract, including direct,
indirect, and administrative costs. A fee established under this
subsection is in addition to:
(1) the registration fee and any optional registration
fee prescribed by this chapter for the vehicle for which specialty
license plates are issued;
(2) any additional fee prescribed by this subchapter
for the issuance of specialty license plates for that vehicle; and
(3) any additional fee prescribed by this subchapter
for the issuance of personalized license plates for that vehicle.
(e) The portion of a contract with a private vendor
regarding the marketing and sale of personalized license plates is
payable only from amounts derived from the collection of the fee
established under Subsection (b). The portion of a contract with a
private vendor regarding the marketing, hosting, and sale of
souvenir license plates, specialty license plates, or souvenir or
specialty license plates that are personalized under Section
504.102 is payable only from amounts derived from the collection of
the fee established under Subsection (c).
(f) The department may approve new design and color
combinations for personalized or specialty license plates that are
marketed and sold by a private vendor under a contract entered into
with the private vendor. Each approved license plate design and
color combination remains the property of the department.
(h) Subject to the limitations provided by Subsections (g)
and (g-1), the department may disapprove a design, cancel a license
plate, or require the discontinuation of a license plate design or
color combination that is marketed, hosted, or [and] sold by a
private vendor under contract at any time if the department
determines that the disapproval, cancellation, or discontinuation
is in the best interest of this state or the motoring public.
(m) If the private vendor ceases operation:
(1) the program may be operated temporarily by the
department under new agreements with the license plate sponsors
until another vendor is selected and begins operation; and
(2) the private vendor's share of the revenue is
deposited to the credit of the general revenue fund.
SECTION 221. Section 504.853, Transportation Code, is
amended to read as follows:
Sec. 504.853. SPECIALTY AND PERSONALIZED LICENSE PLATES
ISSUED BEFORE NOVEMBER 19 [SEPTEMBER 1], 2009. (a) A specialty or
personalized license plate issued before November 19 [September 1],
2009, may be issued for a subsequent registration period only if the
applicant submits an application and pays the required fee for the
applicable registration period. A person who is issued a
personalized license plate has first priority on that license plate
for each subsequent registration period for which the person
submits a new application for that plate.
(b) Unless the board by rule adopts a higher fee or the
license plate is not renewed annually, the [The] fee for issuance of
a [personalized] license plate issued before November 19 [September
1], 2009, is:
(1) the fee provided for in Section 504.601 for a
specialty license plate; and
(2) $40 for a personalized license plate[, unless the
director adopts by rule a higher fee].
(c) A person who is issued a specialty or personalized
license plate by the department before November 19 [September 1],
2009, may:
(1) submit an application for the plate under
Subsection (a) and pay the required fee for each subsequent
registration period under Subsection (b); or
(2) purchase through the private vendor a license to
display the alphanumeric pattern on a license plate for any term
allowed by law.
(d) The department may not issue a replacement set of
personalized license plates to the same person before the period
set by rule [sixth anniversary of the date of issuance] unless the
applicant for issuance of replacement plates pays an additional fee
of $30.
(e) Of each fee collected by the department under Subsection
(b)(2) [this section]:
(1) $1.25 shall be used by the department to defray the
cost of administering this section; and
(2) the remainder shall be deposited to the credit of
the general revenue fund.
SECTION 222. Sections 504.854(a) and (b), Transportation
Code, are amended to read as follows:
(a) The board by rule [private vendor] may provide for the
private vendor to:
(1) sell at auction a license to display a unique
alphanumeric pattern on a license plate for a period set by board
rule;
(2) reserve an unissued alphanumeric pattern from the
department for purposes of auctioning a license to display the
pattern for a period set by board rule; and
(3) purchase from a customer an unexpired license to
display an alphanumeric pattern for purposes of auction by the
vendor.
(b) A [Only a] license to display an alphanumeric pattern
purchased under this section [or a license to display an
alphanumeric pattern sold by the private vendor under Section
504.853] may be transferred to another person without payment of
the fee provided by Section 504.855. [The transferee is entitled to
the same rights and privileges as the transferor.]
SECTION 223. Subchapter J, Chapter 504, Transportation
Code, is amended by adding Section 504.855 to read as follows:
Sec. 504.855. TRANSFERABILITY OF CERTAIN PATTERNS. The
board by rule may:
(1) authorize a person who purchases a license to
display an alphanumeric pattern for a period of five years or more
to transfer the license; and
(2) establish a transfer fee to be distributed in
accordance with the contract with the private vendor.
SECTION 224. 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 to a dealer who holds a
general distinguishing number issued under Chapter 503, the dealer
shall remove each license plate issued for the motor vehicle. A
person may use the license plates removed from a motor vehicle on a
new motor vehicle purchased from a dealer after the person obtains
the department's approval of a title and registration application.
(b) On the sale or transfer of a motor vehicle to a person
who does not hold a general distinguishing number issued under
Chapter 503, the seller may remove each license plate issued for the
motor vehicle. The license plates may be transferred to another
vehicle titled in the seller's name if the seller obtains:
(1) the department's approval of an application to
transfer the license plates; and
(2) a new registration insignia for the motor vehicle.
(c) A license plate removed from a motor vehicle that is not
transferred to another motor vehicle must be disposed of in a manner
specified by the department.
(d) To be eligible for transfer, license plates must be
appropriate for the class of vehicle to which the plates are being
transferred.
SECTION 225. 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) comply with department rules regarding the
placement of license plates.
(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) complies with department rules regarding the
placement of license plates.
(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 226. 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 [502.408]. OPERATION OF VEHICLE WITH WRONG
LICENSE PLATE. [(a)] A person commits an offense if the person
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 [subsection] is a misdemeanor punishable by a
fine not to exceed $200.
SECTION 227. 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 228. 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 229. 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 [501.137]. DUTY AND RESPONSIBILITIES OF
COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector
shall comply with Chapter 501 [this chapter].
(b) An assessor-collector who fails or refuses to comply
with Chapter 501 [this chapter] is liable on the
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 230. 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 [502.109]. COMPENSATION OF ASSESSOR-COLLECTOR.
(a) A county assessor-collector shall receive a fee of $1.90 for
each receipt issued under Chapter 502 [this chapter. If the
assessor-collector may be compensated by fees, a fee received is
compensation for services under this chapter. The
assessor-collector shall deduct the fee weekly from the gross
collections made under this chapter].
(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 [this chapter]
from the compensation allowed under this section.
SECTION 231. 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 [502.111]. COUNTY BRANCH OFFICES. (a) The
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 232. 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 [502.114]. FULL-SERVICE DEPUTIES. (a) A
full-service deputy appointed under Section 520.0091 [502.112]
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 233. 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 [502.113]. LIMITED-SERVICE DEPUTIES. (a) A
limited-service deputy appointed under Section 520.0091 [502.112]
may only accept registration renewals [renewal cards] provided by
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) [502.109(a)] for each
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 234. 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 [502.112]. DEPUTY ASSESSOR-COLLECTORS.
(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 235. 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 [501.136]. ACTS BY DEPUTY COUNTY
ASSESSOR-COLLECTOR. A deputy county assessor-collector, other
than a limited service deputy appointed under Section 520.0091
[502.112], may perform the duties of an assessor-collector under
Chapter 501 [this chapter].
SECTION 236. Section 520.002, Transportation Code, is
redesignated as Section 520.0093, Transportation Code, and amended
to read as follows:
Sec. 520.0093 [520.002]. LEASE OF ADDITIONAL COMPUTER
EQUIPMENT. (a) This section applies only to the lease of equipment
to a county for the operation of the automated registration and
titling [title] system in addition to the equipment provided by the
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 [title] system in that county.
(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 [title] system.
(e) Under the agreement, the department shall charge [the
county] an amount not less than the amount of the cost to the
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 237. The heading to Subchapter B, Chapter 520,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS [MOTOR NUMBER RECORD
REQUIREMENTS]
SECTION 238. 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 239. 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 [520.036]. GENERAL PENALTY. (a) A person
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 240. 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 241. 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 [502.275];
(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 242. 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; [or]
(2) the applicant on behalf of a person being
transported by the vehicle; or
(3) a person being transported by the vehicle.
SECTION 243. Subchapter B, Chapter 372, Transportation
Code, is amended by adding Section 372.054 to read as follows:
Sec. 372.054. REPORTING FAILURE TO PAY TOLL OR
ADMINISTRATIVE FEE. (a) A toll project entity may report the
failure to pay a toll or administrative fee to a county
assessor-collector or the Texas Department of Motor Vehicles in
order to deny registration of the nonpaying vehicle, as provided in
Section 502.011.
(b) For purposes of this section "toll project entity" has
the meaning assigned by Section 372.001, but does not include a
county operating under Chapter 284 unless the commissioners court
of the county adopts an order expressly electing to have this
section apply to the county.
SECTION 244. Section 681.005, Transportation Code, is
amended to read as follows:
Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. Each
county assessor-collector shall send to the department[:
[(1)] each fee collected under Section 681.003, to be
deposited in the state highway fund to defray the cost of providing
the disabled parking placard[; and
[(2) a copy of each application for a disabled parking
placard].
SECTION 245. Section 728.002, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) This section does not prohibit the quoting of a price
for a motor home, tow truck, or towable recreational vehicle at a
show or exhibition described by Section 2301.358, Occupations Code.
SECTION 246. 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 [502.1675], and
548.5055, Transportation Code; and
(2) grant money recaptured under Section 386.111(d)
and Chapter 391.
SECTION 247. Section 2302.201(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Section 501.10025, Transportation
Code, a [A] salvage vehicle dealer who acquires ownership of a
salvage motor vehicle from an owner must receive from the owner a
properly assigned title.
SECTION 248. 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 [three] nonrepairable motor
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 249. Subchapter H, Chapter 2302, Occupations Code,
is amended by adding Section 2302.354 to read as follows:
Sec. 2302.354. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty against a person licensed
under this chapter who violates this chapter or a rule or order
adopted under this chapter.
(b) The penalty may not be less than $50 or more than $1,000,
and each day a violation continues or occurs is a separate violation
for the purpose of imposing a penalty. The amount of the penalty
shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice requires.
(c) The person may stay enforcement during the time the
order is under judicial review if the person pays the penalty to the
court clerk or files a supersedeas bond with the court in the amount
of the penalty. A person who cannot afford to pay the penalty or
file the bond may stay enforcement by filing an affidavit in the
manner required by the Texas Rules of Civil Procedure for a party
who cannot afford to file security for costs, subject to the right
of the department to contest the affidavit as provided by those
rules.
(d) A proceeding to impose an administrative penalty is
subject to Chapter 2001, Government Code.
SECTION 250. Section 152.001, Tax Code, is amended by
amending Subdivision (3) and adding Subdivision (20) to read as
follows:
(3) "Motor vehicle [Vehicle]" includes:
(A) a self-propelled vehicle designed to
transport persons or property on a public highway;
(B) a trailer and semitrailer, including a van,
flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
converter gear; [and]
(C) a house trailer as defined by Chapter 501,
Transportation Code; and
(D) an off-road vehicle that is not required to
be registered under Chapter 502, Transportation Code.
(20) "Off-road vehicle" means:
(A) an all-terrain vehicle or a recreational
off-highway vehicle, as those terms are defined by Section 502.001,
Transportation Code, provided that the vehicle may be designed by
the manufacturer primarily for farming; or
(B) a motorcycle designed by the manufacturer for
off-highway use.
SECTION 251. Section 152.091, Tax Code, is amended to read
as follows:
Sec. 152.091. FARM OR TIMBER USE. (a) The taxes imposed by
this chapter do not apply to the sale or use of [a]:
(1) a farm machine, a trailer, a [or] semitrailer, or
an off-road vehicle for use primarily for farming and ranching,
including the rearing of poultry, and use in feedlots; or
(2) a machine, a trailer, a [or] semitrailer, or an
off-road vehicle for use primarily for timber operations.
(b)(1) The taxes imposed by this chapter do not apply to the
purchase of [a]:
(A) a farm machine, a trailer, a [or]
semitrailer, or an off-road vehicle that is to be leased for use
primarily for farming and ranching, including the rearing of
poultry, and use in feedlots; or
(B) a machine, a trailer, a [or] semitrailer, or
an off-road vehicle that is to be leased for use primarily for
timber operations.
(2) The exemption provided by this subsection applies
only if the person purchasing the machine, trailer, [or]
semitrailer, or off-road vehicle to be leased presents the tax
assessor-collector a form prescribed and provided by the
comptroller showing:
(A) the identification of the motor vehicle;
(B) the name and address of the lessor and the
lessee; and
(C) verification by the lessee that the machine,
trailer, [or] semitrailer, or off-road vehicle will be used
primarily for:
(i) farming and ranching, including the
rearing of poultry, and use in feedlots; or
(ii) timber operations.
(3) If a motor vehicle for which the tax has not been
paid ceases to be leased for use primarily for farming and ranching,
including the rearing of poultry, and use in feedlots or timber
operations, the owner shall notify the comptroller on a form
provided by the comptroller and shall pay the sales or use tax on
the motor vehicle based on the owner's book value of the motor
vehicle. The tax is imposed at the same percentage rate that is
provided by Section 152.021(b).
(c) The taxes imposed by this chapter do not apply to the
rental of a farm machine, a trailer, [or] a semitrailer, or an
off-road vehicle for use primarily for farming and ranching,
including the rearing of poultry, and use in feedlots, or a machine,
a trailer, [or] a semitrailer, or an off-road vehicle for use
primarily for timber operations. The tax that would have been
remitted on gross rental receipts without this exemption shall be
deemed to have been remitted for the purpose of calculating the
minimum gross rental receipts imposed by Section 152.026. The
exemption provided by this subsection applies only if the owner of
the motor vehicle obtains in good faith an exemption certificate
from the person to whom the vehicle is being rented.
(d) For purposes of this section, a machine or an off-road
vehicle is used "primarily for timber operations" if the machine or
off-road vehicle is a self-propelled motor vehicle that is
specially adapted to perform a specialized function in the
production of timber, including land preparation, planting,
maintenance, and gathering of trees commonly grown for commercial
timber. The term does not include a self-propelled motor vehicle
used to transport timber or timber products.
SECTION 252. The following provisions of the Transportation
Code are repealed:
(1) Sections 501.026 and 501.075;
(2) Sections 501.094 and 501.133;
(3) Sections 501.134(e), (f), and (i);
(4) 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;
(5) Sections 502.403 and 502.405;
(6) Section 502.407(c);
(7) Section 502.412(c);
(8) Sections 502.452, 502.453, 502.455, and 502.456;
(9) Section 504.201(h);
(10) Section 504.316(b);
(11) Section 504.401(b);
(12) Section 504.402(b);
(13) Section 504.403(b);
(14) Section 504.404(b);
(15) Section 504.405(b);
(16) Section 504.502(j);
(17) Section 504.506(f);
(18) Section 504.507(c);
(19) Section 504.508(d);
(20) Sections 504.624, 504.629, 504.634, 504.643,
504.649, 504.650, 504.653, 504.655, and 504.701;
(21) Section 504.702(c);
(22) Section 504.851(k);
(23) Section 504.854(c);
(24) Sections 520.013 and 520.034; and
(25) the headings to Subchapters C and D, Chapter 520.
SECTION 253. (a) Section 19, Chapter 1136, Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
(b) This section takes effect August 31, 2011.
SECTION 254. Section 501.0225, Transportation Code, as
added by this Act, applies only to a person who purchases, imports,
or otherwise acquires an off-road vehicle on or after the effective
date of this Act. A person who purchases, imports, or otherwise
acquires an off-road vehicle before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 255. Sections 152.001 and 152.091, Tax Code, as
amended by this Act, do not affect tax liability accruing before the
effective date of this Act. That liability continues in effect as
if this Act had not been enacted, and the former law is continued in
effect for the collection of taxes due and for civil and criminal
enforcement of the liability for those taxes.
SECTION 256. Section 2302.354, Occupations Code, as added
by this Act, applies only to a violation of Chapter 2302,
Occupations Code, or a rule or order of the Texas Department of
Motor Vehicles adopted under that chapter, committed on or after
the effective date of this Act. A violation committed before the
effective date of this Act is governed by the law in effect when the
violation was committed, and the former law is continued in effect
for that purpose.
SECTION 257. (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 258. 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 259. Except as otherwise provided by this Act, this
Act takes effect January 1, 2012.