Bill Text: TX HB3927 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to certain temporary motor vehicle tags.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3927 Detail]
Download: Texas-2021-HB3927-Enrolled.html
H.B. No. 3927 |
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relating to certain temporary motor vehicle tags. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 503.0626(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department shall develop, manage, and maintain a | ||
secure, real-time database of information on vehicles to which | ||
dealers and converters have affixed temporary tags. [ |
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(c) Before a dealer's or converter's temporary tag may be | ||
displayed on a vehicle, the dealer or converter must enter into the | ||
database through the Internet information on the vehicle and | ||
information about the dealer or converter as prescribed by the | ||
department. Except as provided by Section 506.0632(f), the [ |
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department may not deny access to the database to any dealer who | ||
holds a general distinguishing number issued under this chapter or | ||
who is licensed under Chapter 2301, Occupations Code, or to any | ||
converter licensed under Chapter 2301, Occupations Code. | ||
SECTION 2. Section 503.063, Transportation Code, is amended | ||
by adding Subsections (i) and (j) to read as follows: | ||
(i) A vehicle may be issued and display a buyer's tag | ||
without satisfying the inspection requirements of Chapter 548 if: | ||
(1) the buyer of the vehicle is not a resident of this | ||
state; and | ||
(2) the vehicle: | ||
(A) at the time of purchase, is not located or | ||
required to be titled or registered in this state; | ||
(B) will be titled and registered in accordance | ||
with the laws of the buyer's state of residence; and | ||
(C) will be inspected in accordance with the laws | ||
of the buyer's state of residence, if the laws of that state require | ||
inspection. | ||
(j) A vehicle may be issued and display a buyer's tag | ||
without satisfying the inspection requirements of Chapter 548 if | ||
the vehicle is purchased at public auction in this state and is: | ||
(1) an antique vehicle as defined by Section | ||
683.077(b); or | ||
(2) a special interest vehicle as defined by Section | ||
683.077(b) that: | ||
(A) is at least 12 years of age; and | ||
(B) has been the subject of a retail sale. | ||
SECTION 3. Sections 503.0631(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department shall develop, manage, and maintain a | ||
secure, real-time database of information on persons to whom | ||
temporary buyer's tags are issued that may be used by a law | ||
enforcement agency in the same manner that the agency uses vehicle | ||
registration information. [ |
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(c) Except as provided by Subsection (d), before a buyer's | ||
temporary tag may be displayed on a vehicle, a dealer must enter | ||
into the database through the Internet information about the buyer | ||
of the vehicle for which the tag was issued as prescribed by the | ||
department and generate a vehicle-specific number for the tag as | ||
required by Section 503.063(e). Except as provided by Section | ||
506.0632(f), the [ |
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database to any dealer who holds a general distinguishing number | ||
issued under this chapter or who is licensed under Chapter 2301, | ||
Occupations Code. | ||
SECTION 4. Subchapter C, Chapter 503, Transportation Code, | ||
is amended by adding Section 503.0632 to read as follows: | ||
Sec. 503.0632. DEPARTMENT REGULATION OF TEMPORARY TAGS AND | ||
ACCESS TO TEMPORARY TAG DATABASES. (a) The department by rule may | ||
establish the maximum number of temporary tags that a dealer or | ||
converter may obtain in a calendar year under Section 503.062, | ||
503.0625, or 503.063. | ||
(b) The maximum number of temporary tags that the department | ||
determines a dealer or converter may obtain under this section must | ||
be based on the dealer's or converter's anticipated need for | ||
temporary tags, taking into consideration: | ||
(1) the dealer's or converter's: | ||
(A) time in operation; | ||
(B) sales data; and | ||
(C) expected growth; | ||
(2) expected changes in the dealer's or converter's | ||
market; | ||
(3) temporary conditions that may affect sales by the | ||
dealer or converter; and | ||
(4) any other information the department considers | ||
relevant. | ||
(c) At the request of a dealer or converter, the department | ||
may authorize additional temporary tags of any type for the dealer | ||
or converter if the dealer or converter demonstrates a need for | ||
additional temporary tags resulting from business operations, | ||
including anticipated need. | ||
(d) The department's denial of a request under Subsection | ||
(c) may be overturned if a dealer or converter shows by a | ||
preponderance of the evidence the need for additional temporary | ||
tags. | ||
(e) The department shall monitor the number of temporary | ||
tags obtained by a dealer or converter. | ||
(f) If the department determines that a dealer or converter | ||
is fraudulently obtaining temporary tags from the temporary tag | ||
database, the department may, after giving notice electronically | ||
and by certified mail to the dealer or converter, deny access to a | ||
temporary tag database to the dealer or converter. A dealer or | ||
converter denied access to a temporary tag database under this | ||
subsection may request a hearing on the denial as provided by | ||
Subchapter O, Chapter 2301, Occupations Code. | ||
SECTION 5. Sections 503.067(b) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(b) A person may not operate a vehicle that displays: | ||
(1) a temporary tag in violation of this chapter or | ||
Chapter 502; or | ||
(2) any other [ |
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(d) A person may not sell or distribute a temporary tag or an | ||
item represented to be a temporary tag unless the person is[ |
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sale of a vehicle[ |
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SECTION 6. The changes in law made by this Act apply 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 section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3927 was passed by the House on May 7, | ||
2021, by the following vote: Yeas 128, Nays 12, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3927 on May 28, 2021, by the following vote: Yeas 125, Nays 16, | ||
4 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3927 was passed by the Senate, with | ||
amendments, on May 22, 2021, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |