Bill Text: TX HB3410 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to Texas Department of Motor Vehicles and county tax assessor-collector vehicle titling and registration duties and fees associated with those duties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Transportation [HB3410 Detail]
Download: Texas-2017-HB3410-Introduced.html
85R5345 JXC-D | ||
By: Israel | H.B. No. 3410 |
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relating to Texas Department of Motor Vehicles and county tax | ||
assessor-collector vehicle titling and registration duties and | ||
fees associated with those duties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 502.040, Transportation Code, is amended | ||
by adding Subsection (e) to read as follows: | ||
(e) With the approval of the commissioners court of a | ||
county, a county assessor-collector may contract with a private | ||
entity to enable an applicant for registration to use an electronic | ||
off-premises location. | ||
SECTION 2. Section 502.042, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 502.042. TITLE REQUIRED FOR REGISTRATION. The | ||
department or a county assessor-collector may not register or renew | ||
the registration of a motor vehicle for which a title is required | ||
under Chapter 501 unless the owner: | ||
(1) obtains a title for the vehicle; or | ||
(2) presents satisfactory evidence that a title was | ||
previously issued to the owner by the department or another | ||
jurisdiction. | ||
SECTION 3. Sections 502.044(d) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(d) The department or a county assessor-collector shall | ||
issue a registration receipt and registration insignia that are | ||
valid until the expiration of the designated period. | ||
(e) The department or a county assessor-collector shall use | ||
the date of sale of the vehicle in designating the registration year | ||
for a vehicle for which registration is applied for under Section | ||
501.0234. | ||
SECTION 4. Subchapter B, Chapter 502, Transportation Code, | ||
is amended by adding Section 502.0441 to read as follows: | ||
Sec. 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC | ||
SYSTEM. (a) The department may designate an electronic system for | ||
registration renewal applications. | ||
(b) If the department designates an electronic system, each | ||
county assessor-collector shall: | ||
(1) use the system to receive registration renewal | ||
applications for vehicles that are not required by this chapter to | ||
be registered directly by the department; | ||
(2) review and process the applications; and | ||
(3) mail to an applicant for renewed registration in | ||
the assessor-collector's county the registration receipt or | ||
insignia issued to the applicant. | ||
SECTION 5. Section 502.048, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 502.048. REFUSAL TO REGISTER UNSAFE VEHICLE. The | ||
department or a county assessor-collector may refuse to register a | ||
motor vehicle and the department may cancel, suspend, or revoke a | ||
registration if the department determines that a motor vehicle is | ||
unsafe, improperly equipped, or otherwise unfit to be operated on a | ||
public highway. | ||
SECTION 6. Sections 502.059(b), (c), and (d), | ||
Transportation Code, are amended to read as follows: | ||
(b) On application and payment of the prescribed fee for a | ||
renewal of the registration of a vehicle through the period set by | ||
rule, the department or the county assessor-collector that receives | ||
the application shall issue a registration insignia for the | ||
validation of the license plate or plates to be attached as provided | ||
by Subsection (c). | ||
(c) Except as provided by Subsection (f), the registration | ||
insignia for validation of a license plate shall be attached to the | ||
inside of the vehicle's windshield, if the vehicle has a | ||
windshield, in the lower left corner in a manner that will not | ||
obstruct the vision of the driver. The owner of a vehicle that does | ||
not have a windshield shall indicate on the registration or renewal | ||
application that [ |
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assessor-collector that receives the application shall issue a | ||
distinctive device for attachment to the rear license plate of the | ||
vehicle. | ||
(d) The department by rule [ |
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county assessor-collector may adopt for the assessor-collector's | ||
county, including: | ||
(1) the automated on-site production of registration | ||
insignia; and | ||
(2) automated on-premises and off-premises | ||
self-service registration. | ||
SECTION 7. Section 502.094(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department or a county assessor-collector may issue | ||
a temporary registration permit in lieu of registration for a | ||
commercial motor vehicle, trailer, semitrailer, or motor bus that: | ||
(1) is owned by a resident of the United States, | ||
Canada, or the United Mexican States; | ||
(2) is subject to registration in this state; and | ||
(3) is not authorized to travel on a public highway | ||
because of the lack of registration in this state or the lack of | ||
reciprocity with the state or province in which the vehicle is | ||
registered. | ||
SECTION 8. Sections 502.095(a) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department or a county assessor-collector may issue | ||
a temporary permit in lieu of registration for a vehicle subject to | ||
registration in this state that is not authorized to travel on a | ||
public highway because of the lack of registration in this state or | ||
the lack of reciprocity with the state or country in which the | ||
vehicle is registered. | ||
(d) A 30-day permit may be issued only to a passenger | ||
vehicle, a private bus, a trailer or semitrailer with a gross weight | ||
of not more than 10,000 pounds, a light truck, or a light commercial | ||
vehicle with a gross vehicle weight of more than 10,000 pounds that | ||
will operate unladen. A person may obtain multiple 30-day permits. | ||
A [ |
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issued to apply to all of the periods for which the vehicle is | ||
registered. | ||
SECTION 9. Section 502.146(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department or a county assessor-collector shall | ||
issue specialty license plates to a vehicle described by Subsection | ||
(b) or (c). The fee for the license plates is $5 and shall be | ||
deposited to the credit of the Texas Department of Motor Vehicles | ||
fund. | ||
SECTION 10. Section 502.1911, Transportation Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) The board by rule shall set the fee in an amount that: | ||
(1) includes the fee established under Section | ||
502.356(a); and | ||
(2) is sufficient to cover the expenses associated | ||
with collecting registration fees by: | ||
(A) the department; | ||
(B) a county tax assessor-collector; | ||
(C) a private entity with which a county tax | ||
assessor-collector contracts under Section 502.040(e) [ |
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or | ||
(D) a deputy assessor-collector that is | ||
deputized in accordance with board rule under Section 520.0071. | ||
(c) The county tax assessor-collector, a private entity | ||
with which a county tax assessor-collector contracts under Section | ||
502.040(e) [ |
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portion of the fee [ |
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board rule. Remaining amounts collected under this section shall | ||
be deposited to the credit of the Texas Department of Motor Vehicles | ||
fund. | ||
(d) The rules adopted under this section must allow a county | ||
tax assessor-collector to retain a service charge of at least $1.50 | ||
for each application submitted to the assessor-collector by mail. | ||
The retained service charge shall be used to pay the costs of | ||
handling and postage to mail the registration receipt and insignia | ||
to the applicant. | ||
SECTION 11. Sections 502.195(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department or the county assessor-collector who | ||
collects the excessive fee shall refund an overcharge on | ||
presentation to the department or assessor-collector of | ||
satisfactory evidence of the overcharge not later than the first | ||
anniversary of the date the excessive registration fee was paid. | ||
(c) A refund shall be paid from the fund in which the | ||
department's or county's share of registration fees is deposited, | ||
as applicable. | ||
SECTION 12. Section 502.434(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) The department shall design and [ |
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department or a county assessor-collector shall furnish, a sticker, | ||
plate, or other means of indicating the additional weight and the | ||
registration period for each vehicle registered under this section. | ||
SECTION 13. Section 502.451(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Before license plates are issued or delivered to the | ||
owner of a vehicle that is exempt by law from payment of | ||
registration fees, the department or a county assessor-collector | ||
must approve the application for registration. The department or | ||
assessor-collector may not approve an application if there is the | ||
appearance that: | ||
(1) the vehicle was transferred to the owner or | ||
purported owner: | ||
(A) for the sole purpose of evading the payment | ||
of registration fees; or | ||
(B) in bad faith; or | ||
(2) the vehicle is not being used in accordance with | ||
the exemption requirements. | ||
SECTION 14. Section 502.471(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) This section does not apply to a violation of Section | ||
502.003, 502.042, [ |
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SECTION 15. Sections 502.473(a), (b), and (d), | ||
Transportation Code, are amended to read as follows: | ||
(a) A person commits an offense if the person operates on a | ||
public highway during a registration period a motor vehicle that | ||
does not properly display the registration insignia issued by the | ||
department or a county assessor-collector that establishes that the | ||
license plates have been validated for the period. | ||
(b) A person commits an offense if the person operates on a | ||
public highway during a registration period a road tractor, | ||
motorcycle, trailer, or semitrailer that does not display a | ||
registration insignia issued by the department or a county | ||
assessor-collector that establishes that the vehicle is registered | ||
for the period. | ||
(d) A court may dismiss a charge brought under Subsection | ||
(a) if the defendant pays an administrative fee not to exceed $10 | ||
and: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; or | ||
(2) shows that the motor vehicle was issued a | ||
registration insignia by the department or a county | ||
assessor-collector that was attached to the motor vehicle, | ||
establishing that the vehicle was registered for the period during | ||
which the offense was committed. | ||
SECTION 16. Section 520.0071, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) The board by rule shall prescribe: | ||
(1) the classification types of deputies performing | ||
titling and registration duties; | ||
(2) the duties and obligations of deputies; | ||
(3) the type and amount of any bonds that may be | ||
required by a county assessor-collector for a deputy to perform | ||
titling and registration duties; and | ||
(4) except as provided by Subsection (c), the fees | ||
that may be charged or retained by deputies. | ||
(c) A county assessor-collector that deputizes an | ||
individual or business under this section may authorize the deputy | ||
to charge or retain a fee in addition to fees authorized under | ||
Chapter 501 or 502 in an amount to be determined by the | ||
assessor-collector. | ||
SECTION 17. Sections 348.005 and 353.006, Finance Code, are | ||
amended to read as follows: | ||
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail | ||
installment contract is an itemized charge if the amount is not | ||
included in the cash price and is the amount of: | ||
(1) fees for registration, certificate of title, and | ||
license and any additional registration fees charged by a deputy as | ||
authorized [ |
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Transportation Code; | ||
(2) any taxes; | ||
(3) fees or charges prescribed by law and connected | ||
with the sale or inspection of the motor vehicle; and | ||
(4) charges authorized for insurance, service | ||
contracts, warranties, automobile club memberships, or a debt | ||
cancellation agreement by Subchapter C. | ||
Sec. 353.006. ITEMIZED CHARGE. An amount in a retail | ||
installment contract is an itemized charge if the amount is not | ||
included in the cash price and is the amount of: | ||
(1) fees for registration, certificate of title, and | ||
license and any additional registration fees charged by a deputy as | ||
authorized [ |
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Transportation Code; | ||
(2) any taxes; | ||
(3) fees or charges prescribed by law and connected | ||
with the sale or inspection of the commercial vehicle; | ||
(4) charges authorized for insurance, service | ||
contracts, and warranties by Subchapter C; and | ||
(5) advances or payments authorized under Section | ||
353.402(b) or (c) made by the retail seller to or for the benefit of | ||
the retail buyer. | ||
SECTION 18. Sections 502.197 and 520.005(d), | ||
Transportation Code, are repealed. | ||
SECTION 19. This Act takes effect September 1, 2017. |