Bill Text: TX HB1755 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to assembled vehicles and former military vehicles, including the titling and registration of those vehicles.
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1755 Detail]
Download: Texas-2019-HB1755-Introduced.html
Bill Title: Relating to assembled vehicles and former military vehicles, including the titling and registration of those vehicles.
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1755 Detail]
Download: Texas-2019-HB1755-Introduced.html
86R5277 JRR-F | ||
By: Thompson of Brazoria | H.B. No. 1755 |
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relating to the titling, registration, and inspection of assembled | ||
vehicles; imposing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle J, Title 7, Transportation Code, is | ||
amended by adding Chapter 731 to read as follows: | ||
CHAPTER 731. ASSEMBLED VEHICLES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 731.001. DEFINITIONS. In this chapter: | ||
(1) "Assembled vehicle" means a passenger car or light | ||
truck that: | ||
(A) is constructed by a person other than a | ||
manufacturer licensed under Chapter 2301, Occupations Code, and is | ||
not intended for retail sale; | ||
(B) is materially altered from its original | ||
construction; | ||
(C) has a gross weight of less than 9,000 pounds; | ||
(D) does not have a designated vehicle year; and | ||
(E) may be assembled from various parts of | ||
various vehicles and kits. | ||
(2) "Light truck" has the meaning assigned by Section | ||
541.201. | ||
(3) "Passenger car" means a motor vehicle, as that | ||
term is defined by Section 541.201, other than a motorcycle, used to | ||
transport persons and designed to accommodate 10 or fewer | ||
passengers, including the operator. | ||
Sec. 731.002. APPLICABILITY. (a) This chapter does not | ||
apply to a vehicle that: | ||
(1) is assembled or merged from two or more vehicle | ||
classes; | ||
(2) uses the frame or body of a vehicle that has been | ||
declared nonrepairable or junked; or | ||
(3) contains a motor from a flood-damaged vehicle. | ||
(b) This chapter applies to an assembled vehicle, other than | ||
a vehicle described by Subsection (a), regardless of whether the | ||
assembled vehicle: | ||
(1) has a manufacturer's certificate of origin; or | ||
(2) is constructed for both recreational off-road use | ||
and on-road use. | ||
Sec. 731.003. APPLICABILITY OF OTHER LAW. (a) Sections | ||
501.032, 501.0321, and 501.033 apply to an assembled vehicle that | ||
is titled or registered under Subchapter B. | ||
(b) A reference to "motor vehicle" or "vehicle" in the | ||
following provisions of law does not include an assembled vehicle | ||
to which this chapter applies: | ||
(1) Section 2301.002(24), Occupations Code; | ||
(2) Sections 501.002(8), (15), (24), (26), (31), and | ||
(32); and | ||
(3) Sections 541.201(12) and (23). | ||
(c) Subchapter C, Chapter 547, does not apply to an item of | ||
vehicle equipment intended for an assembled vehicle to which this | ||
chapter applies. | ||
(d) Chapter 2301, Occupations Code, does not apply to an | ||
assembled vehicle or a person who constructs an assembled vehicle. | ||
(e) The owner of an assembled vehicle that is a custom | ||
vehicle or street rod, as those terms are defined by Section | ||
504.501, may have the vehicle titled, registered, and inspected in | ||
accordance with this chapter or Chapters 501, 502, and 548. | ||
SUBCHAPTER B. TITLE AND REGISTRATION | ||
Sec. 731.051. DEFINITIONS. In this subchapter: | ||
(1) "Certificate of title" means a printed record of | ||
title issued under Section 731.052. | ||
(2) "Department" means the Texas Department of Motor | ||
Vehicles. | ||
(3) "Title" means a certificate or record of title | ||
that is issued under Section 731.052. | ||
(4) "Vehicle identification number" means the | ||
identification number assigned by the department under Section | ||
501.033 and affixed to an assembled vehicle. | ||
Sec. 731.052. TITLE FOR ASSEMBLED VEHICLE. (a) The | ||
department shall establish procedures for the issuance of a title | ||
for an assembled vehicle. | ||
(b) The owner of an assembled vehicle must present | ||
identification and apply for a 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 vehicle is purchased or encumbered; or | ||
(2) to the county assessor-collector of a county who | ||
is willing to accept the application if the county | ||
assessor-collector's office of the county in which the owner | ||
resides is closed or may be closed for a protracted period of time | ||
as defined by the department. | ||
(c) A title issued by the department must include: | ||
(1) the legal name and address of each purchaser; | ||
(2) the legal name of the seller and the municipality | ||
and state in which the seller is located or resides; | ||
(3) the type of the assembled vehicle; | ||
(4) the vehicle identification number of the assembled | ||
vehicle; | ||
(5) the name and address of each lienholder and the | ||
date of each lien on the assembled vehicle, listed in the | ||
chronological order in which the lien was recorded; | ||
(6) a statement indicating rights of survivorship; and | ||
(7) any other information required by the department. | ||
(d) On receipt of a certificate of title, the owner of an | ||
assembled vehicle shall write the owner's name in ink in the space | ||
provided on the certificate. | ||
(e) On transfer of ownership of an assembled vehicle, the | ||
seller shall complete assignment of title by signing and printing | ||
the seller's name, printing the date of transfer, and printing the | ||
purchaser's name and address on the title. | ||
Sec. 731.053. REGISTRATION REQUIRED; GENERAL RULE. (a) | ||
Not more than 30 days after purchasing an assembled vehicle or | ||
becoming a resident of this state, the owner of an assembled vehicle | ||
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 the department: | ||
(1) through the county assessor-collector of the | ||
county in which the owner resides; or | ||
(2) if the office of that assessor-collector is | ||
closed, or may be closed for a protracted period of time, as defined | ||
by department rule, through a county assessor-collector who is | ||
willing to accept the application. | ||
(c) 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 an assembled vehicle because | ||
of the person's failure to submit evidence of residency that | ||
complies with the department's rules; or | ||
(2) registering an assembled vehicle under this | ||
section. | ||
Sec. 731.054. INITIAL REGISTRATION. Notwithstanding | ||
Section 731.053, the owner of an assembled vehicle may concurrently | ||
apply for a 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. | ||
Sec. 731.055. TITLE REQUIRED FOR REGISTRATION. The | ||
department may not register or renew the registration of an | ||
assembled vehicle unless the owner: | ||
(1) obtains a title for the vehicle; or | ||
(2) presents satisfactory evidence that a title was | ||
previously issued to the owner by the department or another | ||
jurisdiction. | ||
Sec. 731.056. REGISTRATION PERIOD. (a) The department | ||
shall designate an assembled 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 assembled 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 computed at a rate of one-twelfth the | ||
annual registration fee multiplied by the number of months in the | ||
registration period. The department by rule may allow payment of | ||
registration fees for a designated period not to exceed the amount | ||
of time determined by department rule. | ||
(d) The department shall issue a registration receipt and | ||
registration insignia that are valid until the expiration of the | ||
designated period. | ||
Sec. 731.057. REFUSAL TO REGISTER UNSAFE VEHICLE. The | ||
department may refuse to register an assembled vehicle and may | ||
cancel, suspend, or revoke a registration if the department | ||
determines that an assembled vehicle is unsafe, improperly | ||
equipped, or otherwise unfit to be operated on a public highway, as | ||
noted by an inspector under Subchapter C. | ||
Sec. 731.058. TITLE AND REGISTRATION FEES; ADMINISTRATION, | ||
COLLECTION, AND DISPOSITION OF FEES. (a) An applicant for title or | ||
registration of an assembled vehicle shall pay the applicable fee | ||
required under Chapter 501 or 502. | ||
(b) The provisions of Chapters 501 and 502 relating to the | ||
administration, collection, and disposition of fees apply to an | ||
assembled vehicle that is titled or registered under this chapter. | ||
Sec. 731.059. RULES. (a) The department may adopt rules as | ||
necessary to implement and administer this subchapter. | ||
(b) The department by rule may designate provisions of | ||
Chapters 501 and 502 as being applicable to an assembled vehicle | ||
that is titled or registered under this subchapter, provided that | ||
the department may not designate: | ||
(1) a provision that conflicts with this chapter; or | ||
(2) a provision that an assembled vehicle, by its | ||
nature, cannot comply with or otherwise meet the requirements of. | ||
SUBCHAPTER C. INSPECTION | ||
Sec. 731.101. DEFINITIONS. In this subchapter, | ||
"department," "inspection station," "inspector," and "vehicle | ||
inspection report" have the meanings assigned by Chapter 548. | ||
Sec. 731.102. CERTIFICATE REQUIRED FOR INSPECTORS. An | ||
inspection or reinspection of an assembled vehicle under this | ||
subchapter must be conducted by an inspector who holds a | ||
certificate issued by the National Institute for Automotive Service | ||
Excellence. | ||
Sec. 731.103. ASSEMBLED VEHICLES AND EQUIPMENT SUBJECT TO | ||
INSPECTION. An assembled vehicle registered under Subchapter B | ||
must have the following items inspected by an inspector described | ||
by Section 731.102: | ||
(1) tires; | ||
(2) wheel assembly; | ||
(3) brake system, including power brake unit; | ||
(4) steering system, including power steering; | ||
(5) lighting equipment; | ||
(6) horns and warning devices; | ||
(7) mirrors; | ||
(8) windshield wipers; | ||
(9) front seat belts in vehicles that contain seat | ||
belt anchorages; and | ||
(10) fuel tank cap. | ||
Sec. 731.104. REINSPECTION OF ASSEMBLED VEHICLE REQUIRING | ||
ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection under this | ||
subchapter discloses the necessity for adjustment, correction, or | ||
repair, an inspector may not issue a passing vehicle inspection | ||
report until the adjustment, correction, or repair is made. The | ||
owner of the assembled vehicle may have the adjustment, correction, | ||
or repair made by a qualified person of the owner's choice, subject | ||
to reinspection. The vehicle shall be reinspected once free of | ||
charge within 15 days after the date of the original inspection, not | ||
including the date the original inspection is made, at the same | ||
inspection station after the adjustment, correction, or repair is | ||
made. | ||
(b) An assembled vehicle that is inspected and is | ||
subsequently involved in an accident affecting the safe operation | ||
of an item of inspection must be reinspected following repair. The | ||
reinspection must be at an inspection station and shall be treated | ||
and charged as an initial inspection. | ||
Sec. 731.105. ONE-YEAR INSPECTION PERIOD. The department | ||
shall require an annual inspection for an assembled vehicle | ||
registered under Subchapter B. The department shall set the | ||
periods of inspection and may make rules with respect to those | ||
periods. | ||
Sec. 731.106. INSPECTION FEES; ADMINISTRATION, COLLECTION, | ||
AND DISPOSITION OF FEES. (a) An owner of an assembled vehicle that | ||
obtains an inspection under this subchapter shall pay the | ||
applicable fee required under Chapter 548. | ||
(b) The provisions of Chapter 548 relating to the | ||
administration, collection, and disposition of fees apply to an | ||
assembled vehicle that is inspected under this subchapter. | ||
Sec. 731.107. RULES. (a) The department may adopt rules as | ||
necessary to implement and administer this subchapter. | ||
(b) The department by rule may designate provisions of | ||
Chapter 548 as being applicable to an assembled vehicle that is | ||
inspected under this subchapter, provided that the department may | ||
not designate: | ||
(1) a provision that conflicts with this chapter; or | ||
(2) a provision that an assembled vehicle, by its | ||
nature, cannot comply with or otherwise meet the requirements of. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Department of Public Safety of the State of Texas | ||
and the Texas Department of Motor Vehicles shall adopt or modify any | ||
rules necessary to implement the changes in law made by this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |