Bill Text: TX HB3678 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the registration and inspection periods for motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-31 - Referred to Transportation [HB3678 Detail]

Download: Texas-2017-HB3678-Introduced.html

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85R12467 JAM-D
By: Swanson H.B. No. 3678

A BILL TO BE ENTITLED
AN ACT
relating to the registration and inspection periods for motor
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0622(a), Health and Safety Code, is
amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
by law;
(2) $2 from the portion of each fee collected for
inspections of vehicles other than mopeds and remitted to the state
under Section [Sections] 548.501 [and 548.503], Transportation
Code; and
(3) fees collected that are required under Section 185
of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 2. Section 502.001(5), Transportation Code, is
amended to read as follows:
(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 period [year].
SECTION 3. Sections 502.0023(a) and (d), Transportation
Code, are amended to read as follows:
(a) Notwithstanding Section 502.044(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 three years [one year] or more
than nine [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.
(d) A license plate issued under this section:
(1) may, on request of the owner, include the name or
logo of the business entity that owns the vehicle;
(2) except as provided by Subsection (d-1), must
include the expiration date of the registration period; and
(3) does not require a triennial [an annual]
registration insignia to be valid.
SECTION 4. Section 502.040(a), Transportation Code, is
amended to read as follows:
(a) Not more than 30 days after purchasing a vehicle or
becoming a resident of this state, the owner of a motor vehicle,
trailer, or semitrailer shall apply for the registration of the
vehicle for:
(1) each registration period [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
period [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 period [year].
SECTION 5. Sections 502.044(a), (b), (c), and (e),
Transportation Code, are amended to read as follows:
(a) The department shall designate a vehicle registration
period [year] of 36 [12] consecutive months to begin on the first
day of a calendar month and end on the last day of the 36th [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 periods [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 36 [12] months to be computed at a rate of 1/36
[one-twelfth] the triennial [annual] registration fee multiplied
by the number of months in the registration period. The board by
rule may allow payment of registration fees for a designated period
not to exceed the amount of time determined by department rule.
(e) The department shall use the date of sale of the vehicle
in designating the registration period [year] for a vehicle for
which registration is applied for under Section 501.0234.
SECTION 6. Sections 502.045(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) An applicant for registration who provides evidence to
establish good reason for delinquent registration and who complies
with the other requirements for registration under this chapter may
register the vehicle for a 36-month [12-month] period that ends on
the last day of the 35th [11th] month after the month in which the
registration occurs under this subsection.
(c) An applicant for registration who is delinquent and has
not provided evidence acceptable to establish good reason for
delinquent registration but who complies with the other
requirements for registration under this chapter shall register the
vehicle for a 36-month [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 may register the vehicle being
operated at the time of the offense for a 36-month [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.
SECTION 7. Sections 502.092(d) and (e), Transportation
Code, are amended to read as follows:
(d) A nonresident owner may not obtain more than three
permits under this section during a calendar [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, or 502.256, as appropriate, for the remainder of
the registration period [year].
SECTION 8. Section 502.093(b), Transportation Code, is
amended to read as follows:
(b) A permit issued under this section is valid for 12
months [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 11th [last] calendar month [of the registration year].
SECTION 9. Sections 502.1585(c) and (d), Transportation
Code, are amended to read as follows:
(c) A registration period designated under this section
must begin on the first day of a calendar month and end on the last
day of a calendar month and may not be for less than 36 [12] months.
(d) The registration fee for a registration period
designated under this section is computed at a rate of 1/36
[one-twelfth] the triennial [annual] registration fee multiplied
by the number of months in the designated registration period.
SECTION 10. Section 502.168, Transportation Code, is
amended to read as follows:
Sec. 502.168. FEE: MOTOR BUS. The fee for a registration
period [year] for registration of a motor bus is the fee prescribed
by Section 502.252 or 502.253, as applicable.
SECTION 11. Section 502.193(a), Transportation Code, is
amended to read as follows:
(a) A county assessor-collector who receives from any
person a check or draft for payment of a registration fee for a
registration period [year] that has not ended 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 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.
SECTION 12. Section 502.1931(a), Transportation Code, is
amended to read as follows:
(a) A county assessor-collector who receives from any
person a payment by credit card or debit card for a registration fee
for a registration period [year] that has not ended that is returned
unpaid because the payment by the credit card or debit card has been
disputed by the credit card or debit card company 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 assessor-collector is made aware that
the credit card or debit card payment has been disputed and:
(1) be under the assessor-collector's official seal;
(2) include the name and address of the person who
authorized the credit card or debit card payment;
(3) include the license plate number and make of the
vehicle;
(4) be accompanied by evidence from the credit card or
debit card company that the company has determined that it will not
make payment on the disputed credit card or debit card charge; and
(5) be accompanied by documentation of any attempt to
contact the person and collect payment.
SECTION 13. Section 502.194, Transportation Code, is
amended to read as follows:
Sec. 502.194. 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 period [year] is more than $15. The
owner must claim the credit by sending the registration fee receipt
for the vehicle 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 period [year]. The owner,
during the same or the next registration period [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.
SECTION 14. Section 502.195(a), Transportation Code, is
amended to read as follows:
(a) The owner of a motor vehicle who pays a [an annual]
registration fee in excess of the statutory amount is entitled to a
refund of the overcharge.
SECTION 15. Section 502.251, Transportation Code, is
amended to read as follows:
Sec. 502.251. FEE: MOTORCYCLE OR MOPED. The fee for a
registration period [year] for registration of a motorcycle or
moped is $30.
SECTION 16. Section 502.252, Transportation Code, is
amended to read as follows:
Sec. 502.252. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR
LESS. [(a)] The fee for a registration period [year] for
registration of a vehicle with a gross weight of 6,000 pounds or
less is $50.75, unless otherwise provided in this chapter.
SECTION 17. Section 502.253, Transportation Code, is
amended to read as follows:
Sec. 502.253. FEE: VEHICLES THAT WEIGH MORE THAN 6,000
POUNDS. The fee for a registration period [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
SECTION 18. Section 502.254, Transportation Code, is
amended to read as follows:
Sec. 502.254. FEE: TRAILER, TRAVEL TRAILER, OR SEMITRAILER.
(a) The fee for a registration period [year] for registration of a
trailer, travel trailer, or semitrailer with a gross weight of
6,000 pounds or less is $45.00.
(b) The fee for a registration period [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.
SECTION 19. Sections 502.255(b), (c), and (i),
Transportation Code, are amended to read as follows:
(b) The fee for a registration period [year] for
registration of a truck-tractor or commercial motor vehicle is
calculated by gross weight according to Section 502.253.
(c) The fee for registration of a semitrailer used in the
manner described by Subsection (a), regardless of the date the
semitrailer is registered, is $15 for a registration period
[year].
(i) The department shall issue a license plate for a token
trailer registered under this section that does not expire or
require a triennial [an annual] registration insignia to be valid.
The alphanumeric pattern for a license plate issued under this
subsection may remain on a token trailer for as long as the
registration of the token trailer is renewed or until the token
trailer is removed from service or sold. The registration receipt
required under Section 621.002 is not required for a vehicle that
displays a license plate issued under this subsection.
SECTION 20. Section 502.256, Transportation Code, is
amended to read as follows:
Sec. 502.256. FEE: ROAD TRACTOR. The fee for a registration
period [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 or 502.253, as applicable.
SECTION 21. Section 502.431, Transportation Code, is
amended to read as follows:
Sec. 502.431. FEE: MOTOR VEHICLE USED EXCLUSIVELY TO
TRANSPORT AND SPREAD FERTILIZER. The fee for a registration period
[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 22. Sections 502.432(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall provide for a monthly registration
period for a truck-tractor or a commercial motor vehicle:
(1) that is used exclusively to transport a seasonal
agricultural product;
(2) that would otherwise be registered for a vehicle
registration period [year]; and
(3) for which the owner can show proof of payment of
the heavy vehicle use tax or exemption.
(c) The registration fee for a registration under this
section is computed at a rate of 1/36 [one-twelfth] the triennial
[annual] registration fee under Section 502.253, 502.255, or
502.433, 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.
SECTION 23. Sections 502.434(b) and (d), Transportation
Code, are amended to read as follows:
(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
period [year] for the vehicle.
(d) The fee for a permit under this section is a percentage
of the difference between the triennial registration fee otherwise
prescribed for the vehicle and the triennial registration [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
SECTION 24. Sections 502.491(c) and (d), Transportation
Code, are amended to read as follows:
(c) On the sale or transfer of a vehicle to a dealer, as
defined by Section 503.001, who holds a general distinguishing
number issued under Chapter 503, the registration period remaining
at the time of the sale or transfer expires at the time of the sale
or transfer. On the sale of a used vehicle by a dealer, the dealer
shall issue to the buyer new registration documents for an entire
registration period [year].
(d) If the transferor has paid for more than one [year of]
registration period, the department may credit the transferor for
any time remaining on the registration in annual increments.
SECTION 25. Section 548.101, Transportation Code, is
amended to read as follows:
Sec. 548.101. GENERAL THREE-YEAR [ONE-YEAR] INSPECTION
PERIOD. (a) The [Except as provided by Section 548.102, the]
department shall require an [annual] inspection every third year.
The department shall set the periods of inspection and may make
rules with respect to those periods. The rules must provide that:
(1) a vehicle owner may obtain an inspection not
earlier than 90 days before the date of expiration of the vehicle's
registration; and
(2) a used motor vehicle sold by a dealer, as defined
by Section 503.001, must be inspected in the 180 days preceding the
date the dealer sells the vehicle.
(b) This section does not affect a requirement that a motor
vehicle emission inspection be conducted more often than once every
three years for a vehicle registered in a county covered by an
inspection and maintenance program approved by the United States
Environmental Protection Agency under Section 548.301 and the Clean
Air Act (42 U.S.C. Section 7401 et seq.).
SECTION 26. Section 548.254, Transportation Code, is
amended to read as follows:
Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT. A
vehicle inspection report is invalid after the end of the 36th
[12th] month following the month in which the report is issued.
SECTION 27. Section 548.501(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section [Sections 548.503 and]
548.504, the fee for inspection of a motor vehicle other than a
moped is $12.50. The fee for inspection of a moped is $5.75.
SECTION 28. Section 548.505(a), Transportation Code, is
amended to read as follows:
(a) The department by rule may impose an inspection fee for
a vehicle inspected under Section 548.301(a) in addition to the fee
provided by Section 548.501, 548.502, [548.503,] or 548.504. A fee
imposed under this subsection must be based on the costs of:
(1) providing inspections; and
(2) administering the program.
SECTION 29. Sections 548.102 and 548.503, Transportation
Code, are repealed.
SECTION 30. This Act applies only to the registration of a
motor vehicle that is applied for on or after the effective date of
this Act.
SECTION 31. This Act takes effect September 1, 2017.