Bill Text: TX SB1043 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the regulation of motor vehicles by the Texas Department of Motor Vehicles and the Department of Public Safety; creating a criminal offense; providing a penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-24 - Not again placed on intent calendar [SB1043 Detail]
Download: Texas-2015-SB1043-Comm_Sub.html
By: Nichols | S.B. No. 1043 | |
(In the Senate - Filed March 6, 2015; March 11, 2015, read | ||
first time and referred to Committee on Transportation; | ||
April 8, 2015, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; April 8, 2015, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1043 | By: Nichols |
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relating to the regulation of motor vehicles by the Texas | ||
Department of Motor Vehicles and the Department of Public Safety; | ||
creating a criminal offense; providing a penalty; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 103.0213, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay the following fees | ||
and costs under the Transportation Code if ordered by the court or | ||
otherwise required: | ||
(1) administrative fee on dismissal of charge of | ||
driving with an expired motor vehicle registration (Sec. 502.407, | ||
Transportation Code) . . . not to exceed $20; | ||
(2) administrative fee on dismissal of charge of | ||
driving with an expired driver's license (Sec. 521.026, | ||
Transportation Code) . . . not to exceed $20; | ||
(3) administrative fee on remediation of charge of | ||
driving a vehicle without complying with inspection requirements as | ||
certified (Sec. 548.605, Transportation Code) . . . not to exceed | ||
$20; | ||
(4) administrative fee for failure to appear for a | ||
complaint or citation on certain offenses (Sec. 706.006, | ||
Transportation Code) . . . $30 for each violation; and | ||
(5) [ |
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satisfy certain judgments (Sec. 706.006, Transportation Code) | ||
. . . $30. | ||
SECTION 2. Section 552.144, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC | ||
COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF | ||
ADMINISTRATIVE HEARINGS AND HEARINGS EXAMINERS AT TEXAS DEPARTMENT | ||
OF MOTOR VEHICLES. The following working papers and electronic | ||
communications of an administrative law judge at the State Office | ||
of Administrative Hearings or a hearings examiner at the Texas | ||
Department of Motor Vehicles are excepted from the requirements of | ||
Section 552.021: | ||
(1) notes and electronic communications recording the | ||
observations, thoughts, questions, deliberations, or impressions | ||
of an administrative law judge; | ||
(2) drafts of a proposal for decision; | ||
(3) drafts of orders made in connection with | ||
conducting contested case hearings; and | ||
(4) drafts of orders made in connection with | ||
conducting alternative dispute resolution procedures. | ||
SECTION 3. Section 2301.258, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR | ||
MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S | ||
LICENSE. An application for a manufacturer's, distributor's, | ||
converter's, or representative's license must be on a form | ||
prescribed by the department. The application must include | ||
information the department determines necessary to fully determine | ||
the qualifications of an applicant[ |
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interest and welfare. | ||
SECTION 4. Section 2301.453(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Subsection (d), the manufacturer, | ||
distributor, or representative must provide written notice by | ||
registered or certified mail to the dealer and the board stating the | ||
specific grounds for the termination or discontinuance. The notice | ||
must: | ||
(1) be received not later than the 60th day before the | ||
effective date of the termination or discontinuance; and | ||
(2) contain on its first page a conspicuous statement | ||
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A | ||
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [ |
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IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE | ||
PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE | ||
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS | ||
ACTION." | ||
SECTION 5. Section 2301.454(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The notice required by Subsection (a)(1) must: | ||
(1) be given not later than the 60th day before the | ||
date of the modification or replacement; and | ||
(2) contain on its first page a conspicuous statement | ||
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A | ||
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [ |
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IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE | ||
PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE | ||
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS | ||
ACTION." | ||
SECTION 6. Section 2301.606(c), Occupations Code, as | ||
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(c) An order issued under this subchapter may not require | ||
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converter, or distributor to make a refund or to replace a motor | ||
vehicle unless: | ||
(1) the owner or a person on behalf of the owner has | ||
mailed written notice of the alleged defect or nonconformity to the | ||
manufacturer, converter, or distributor; and | ||
(2) the manufacturer, converter, or distributor has | ||
been given an opportunity to cure the alleged defect or | ||
nonconformity. | ||
SECTION 7. Section 2301.607(c), Occupations Code, as | ||
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(c) If a final order is not issued [ |
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151st day after the date a complaint is filed under this subchapter, | ||
the department shall provide written notice by certified mail to | ||
the complainant and to the manufacturer, converter, or distributor | ||
of the expiration of the 150-day period and of the complainant's | ||
right to file a civil action. The department [ |
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the 150-day period if a delay is requested or caused by the person | ||
who filed the complaint. | ||
SECTION 8. Section 2301.608, Occupations Code, as amended | ||
by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR | ||
REFUND. (a) An order issued under this subchapter must [ |
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responsible for paying the cost of any refund or replacement. A | ||
manufacturer, converter, or distributor may not cause a franchised | ||
dealer to directly or indirectly pay any money not specifically | ||
required [ |
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(b) If the final order requires [ |
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converter, or distributor to make a refund or replace a motor | ||
vehicle under this subchapter, the final order [ |
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may require [ |
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lienholder, manufacturer, converter, or distributor only for an | ||
item or option added to the vehicle by the dealer to the extent that | ||
the item or option contributed to the defect that served as the | ||
basis for the order. | ||
(c) In a case involving a leased vehicle, the final order | ||
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refunds, including the reasonable allowance for use, between the | ||
lessee and lessor of the vehicle. | ||
SECTION 9. Section 2301.610(d), Occupations Code, as | ||
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(d) The department shall maintain a toll-free telephone | ||
number to provide information to a person who requests information | ||
about a condition or defect that was the basis for repurchase or | ||
replacement by an order issued under this subchapter [ |
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The department shall maintain an effective method of providing | ||
information to a person who makes a request. | ||
SECTION 10. Section 2301.612, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed | ||
with the department [ |
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record and is not subject to release under Chapter 552, Government | ||
Code, until the complaint is [ |
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the department [ |
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SECTION 11. Section 2301.651(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board may deny an application for a license, revoke | ||
or suspend a license, place on probation a person whose license has | ||
been suspended, or reprimand a license holder if the applicant or | ||
license holder: | ||
(1) is unfit under standards described in this chapter | ||
or board rules; | ||
(2) wilfully omits material information from or makes | ||
a material misrepresentation in any application or other | ||
information filed under this chapter or board rules; | ||
(3) violates this chapter or a board rule or order; | ||
(4) violates any law relating to the sale, | ||
distribution, financing, or insuring of motor vehicles; | ||
(5) fails to maintain the qualifications for a | ||
license; | ||
(6) wilfully defrauds a purchaser; | ||
(7) fails to fulfill a written agreement with a retail | ||
purchaser of a motor vehicle; or | ||
(8) violates the requirements of Section 503.0631, | ||
Transportation Code. | ||
SECTION 12. Section 2301.711, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as | ||
otherwise provided by this chapter, the [ |
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person delegated final order authority under Section 2301.154 shall | ||
issue final orders for the implementation and enforcement of this | ||
chapter and Chapter 503, Transportation Code. | ||
(b) An order or decision under this chapter must: | ||
(1) include a separate finding of fact with respect to | ||
each specific issue required by law to be considered in reaching a | ||
decision; | ||
(2) set forth additional findings of fact and | ||
conclusions of law on which the order or decision is based; | ||
(3) give the reasons for the particular actions taken; | ||
and | ||
(4) be signed by the presiding officer or assistant | ||
presiding officer for the board, a [ |
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final order authority under Section 2301.154, or a hearings | ||
examiner in a contested case hearing under Section 2301.204 or | ||
Subchapter M. | ||
SECTION 13. Section 2301.712(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If a person who brings a complaint under Subchapter M | ||
prevails in the case, the [ |
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party in the case shall [ |
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for the case. | ||
SECTION 14. Section 2301.713, Occupations Code, as amended | ||
by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
Sec. 2301.713. REHEARING. (a) Except as otherwise | ||
provided by this section [ |
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rehearing of an order shall seek the rehearing in accordance with | ||
Chapter 2001, Government Code. | ||
(b) The board by rule may establish procedures [ |
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to allow a party [ |
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rehearing [ |
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(c) A motion for rehearing in a contested case under Section | ||
2301.204 or Subchapter M must be filed with and decided by the chief | ||
hearings examiner. | ||
SECTION 15. Section 171.1011(g-7), Tax Code, is amended to | ||
read as follows: | ||
(g-7) A taxable entity that is a qualified courier and | ||
logistics company shall exclude from its total revenue, to the | ||
extent included under Subsection (c)(1)(A), (c)(2)(A), or (c)(3), | ||
subcontracting payments made by the taxable entity to nonemployee | ||
agents for the performance of delivery services on behalf of the | ||
taxable entity. For purposes of this subsection, "qualified | ||
courier and logistics company" means a taxable entity that: | ||
(1) receives at least 80 percent of the taxable | ||
entity's annual total revenue from its entire business from a | ||
combination of at least two of the following courier and logistics | ||
services: | ||
(A) expedited same-day delivery of an envelope, | ||
package, parcel, roll of architectural drawings, box, or pallet; | ||
(B) temporary storage and delivery of the | ||
property of another entity, including an envelope, package, parcel, | ||
roll of architectural drawings, box, or pallet; and | ||
(C) brokerage of same-day or expedited courier | ||
and logistics services to be completed by a person or entity under a | ||
contract that includes a contractual obligation by the taxable | ||
entity to make payments to the person or entity for those services; | ||
(2) during the period on which margin is based, is | ||
registered as a motor carrier under Chapter 643, Transportation | ||
Code, and if the taxable entity operates on an interstate basis, is | ||
registered as a motor carrier or broker under the motor vehicle | ||
registration system established under 49 U.S.C. Section 14504a or a | ||
similar federal registration program that replaces that system | ||
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(3) maintains an automobile liability insurance | ||
policy covering individuals operating vehicles owned, hired, or | ||
otherwise used in the taxable entity's business, with a combined | ||
single limit for each occurrence of at least $1 million; | ||
(4) maintains at least $25,000 of cargo insurance; | ||
(5) maintains a permanent nonresidential office from | ||
which the courier and logistics services are provided or arranged; | ||
(6) has at least five full-time employees during the | ||
period on which margin is based; | ||
(7) is not doing business as a livery service, floral | ||
delivery service, motor coach service, taxicab service, building | ||
supply delivery service, water supply service, fuel or energy | ||
supply service, restaurant supply service, commercial moving and | ||
storage company, or overnight delivery service; and | ||
(8) is not delivering items that the taxable entity or | ||
an affiliated entity sold. | ||
SECTION 16. Section 256.101(3), Transportation Code, is | ||
amended to read as follows: | ||
(3) "Weight tolerance permit" means a permit issued | ||
under Section 623.011 [ |
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maximum legal weight limitations. | ||
SECTION 17. Section 501.002(30), Transportation Code, is | ||
amended to read as follows: | ||
(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 45 | ||
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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. | ||
SECTION 18. Section 501.004(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) This chapter does not apply to: | ||
(1) a farm trailer or farm semitrailer with a gross | ||
vehicle weight of 34,000 pounds or less used only for the | ||
transportation of farm products if the products are not transported | ||
for hire; | ||
(2) the filing or recording of a lien that is created | ||
only on an automobile accessory, including a tire, radio, or | ||
heater; | ||
(3) a motor vehicle while it is owned or operated by | ||
the United States; or | ||
(4) a new motor vehicle on loan to a political | ||
subdivision of the state for use only in a driver education course | ||
approved by the Texas [ |
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SECTION 19. Subchapter A, Chapter 501, Transportation Code, | ||
is amended by adding Section 501.008 to read as follows: | ||
Sec. 501.008. TITLE FOR AUTOCYCLE. (a) In this section, | ||
"autocycle" means a motor vehicle, other than a tractor, that is: | ||
(1) designed to have when propelled not more than | ||
three wheels on the ground; | ||
(2) equipped with a steering wheel; | ||
(3) equipped with seating that does not require the | ||
operator to straddle or sit astride the seat; and | ||
(4) manufactured and certified to comply with federal | ||
safety requirements for a motorcycle. | ||
(b) For purposes of issuing a title under this chapter, an | ||
autocycle is considered to be a motorcycle. | ||
SECTION 20. Section 501.021(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A motor vehicle title issued by the department must | ||
include: | ||
(1) the legal name and address of each purchaser [ |
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(2) the legal name, city, and state of each seller at | ||
the first sale or a subsequent sale; | ||
(3) the make of the motor vehicle; | ||
(4) [ |
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(5) [ |
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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; | ||
(6) [ |
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(7) [ |
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the date of each lien on the vehicle, listed in the chronological | ||
order in which the lien was recorded; | ||
(8) [ |
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survivorship under Section 501.031; | ||
(9) [ |
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reading at the time of application for the title; and | ||
(10) [ |
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department. | ||
SECTION 21. Section 501.0234(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person who sells, including by consignment, 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 title for the vehicle and file with the | ||
appropriate designated agent each document necessary to transfer | ||
title to or register the vehicle; and [ |
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(2) at the time the person files for title and | ||
registration under Subdivision (1), remit any required motor | ||
vehicle sales tax. | ||
SECTION 22. The heading to Section 501.036, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER. | ||
SECTION 23. Section 501.036, Transportation Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsection | ||
(b-1) to read as follows: | ||
(a) Notwithstanding any other provision of this chapter, | ||
the department may issue a title for a farm trailer or farm | ||
semitrailer with a gross vehicle weight of 34,000 [ |
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pounds or less if[ |
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are met. | ||
(b) To obtain a title under this section, the owner of the | ||
farm trailer or farm semitrailer must: | ||
(1) apply for the title in the manner required by | ||
Section 501.023; and | ||
(2) pay the fee required by Section 501.138. | ||
(b-1) A subsequent purchaser of a farm trailer or farm | ||
semitrailer titled previously under this section shall obtain a | ||
title under this section. | ||
SECTION 24. Section 501.037, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS. | ||
(a) Notwithstanding any other provision of this chapter, the | ||
department may issue a title for a trailer or semitrailer that has a | ||
gross vehicle weight of 4,000 pounds or less if all other | ||
requirements for issuance of a title are met. | ||
(b) To obtain a title under this section, the owner of the | ||
trailer or semitrailer must: | ||
(1) apply for the title in the manner required by | ||
Section 501.023; and | ||
(2) pay the fee required by Section 501.138. | ||
(c) A subsequent purchaser of a trailer or semitrailer | ||
titled previously under this section shall obtain a title under | ||
this section. | ||
SECTION 25. Section 501.052, Transportation Code, is | ||
amended by amending Subsection (e) and adding Subsection (f) to | ||
read as follows: | ||
(e) An applicant aggrieved by the determination under | ||
Subsection (d) may appeal only to the county or district 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 and must serve a copy of the | ||
petition on the department and all persons known to have a potential | ||
ownership or security interest in the vehicle, including all owners | ||
and lienholders listed on the title. The applicant must also | ||
provide to the court a certified title history for the vehicle | ||
obtained from the department. The 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 department and all | ||
interested parties. If the department's action is not sustained, | ||
the department shall promptly issue a title for the vehicle. | ||
(f) In an appeal brought under Subsection (e), the | ||
department is not required to file an answer or appear before a | ||
county or district court as a party to the appeal, but the | ||
department may intervene to enter an appearance or provide | ||
evidence. The court may require the department to respond to | ||
requests for information relevant to the appeal. | ||
SECTION 26. Section 501.0521, Transportation Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) In any action filed in a county or district court under | ||
this subchapter, the petitioner must serve a copy of the petition on | ||
the department and all persons and entities known to have a | ||
potential ownership or security interest in the vehicle, including | ||
all owners and lienholders listed on the title. The petitioner must | ||
also provide to the court a certified title history for the vehicle | ||
obtained from the department. The department is not required to | ||
file an answer or appear before a county or district court as a | ||
party to the action, but the department may intervene to enter an | ||
appearance or provide evidence. | ||
SECTION 27. Section 501.097(a), Transportation Code, as | ||
amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of | ||
the 82nd Legislature, Regular Session, 2011, is reenacted and | ||
amended to read as follows: | ||
(a) An application for a nonrepairable vehicle title, | ||
nonrepairable record of title, salvage vehicle title, or salvage | ||
record of title must: | ||
(1) be made in [ |
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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; | ||
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(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 [ |
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501.1001, or 501.1002 [ |
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(ii) is a self-insured motor vehicle under | ||
Section 501.1001 [ |
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(iii) is an export-only motor vehicle under | ||
Section 501.099; | ||
(iv) was sold, transferred, or released to | ||
the owner or former owner of the motor vehicle or a buyer at a casual | ||
sale; or | ||
(v) is a motor vehicle for which an | ||
insurance company does not take ownership under Section 501.0935; | ||
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. | ||
SECTION 28. The heading to Section 501.134, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 501.134. CERTIFIED COPY OF [ |
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CERTIFICATE OF TITLE. | ||
SECTION 29. Sections 501.134(a), (b), and (c), | ||
Transportation Code, are amended to read as follows: | ||
(a) The [ |
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or lienholder disclosed on a [ |
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provided by this section and department rule, a certified copy of | ||
the [ |
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applying in a manner prescribed by the department and paying a fee | ||
of $2. A fee collected under this subsection shall be deposited to | ||
the credit of the Texas Department of Motor Vehicles fund and may be | ||
spent only as provided by Section 501.138. | ||
(b) If a lien is disclosed on a title, the department may | ||
issue a certified copy of the [ |
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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. A certified | ||
copy of the title that is lawfully obtained under this section | ||
supersedes and invalidates any previously issued title or certified | ||
copy. If the certified copy of title is later rescinded, canceled, | ||
or revoked under Section 501.051, the department may reinstate or | ||
reissue a previously superseded or invalidated title or certified | ||
copy of title. 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. | ||
SECTION 30. Sections 502.001(2) and (40), Transportation | ||
Code, are amended to read as follows: | ||
(2) "Apportioned license plate" means a license plate | ||
issued in lieu of a truck, motor bus, [ |
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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. | ||
(40) "Token trailer" means a semitrailer that is | ||
registered under Section 502.255 and used in combination with a | ||
truck-tractor or commercial motor vehicle that is registered in | ||
combination under Section 502.255, regardless of whether the | ||
truck-tractor or commercial motor vehicle [ |
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[ |
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(A) [ |
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(B) [ |
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(C) [ |
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(D) another license plate. | ||
SECTION 31. Section 502.0023, Transportation Code, is | ||
amended by amending Subsections (c) and (d-1) and adding Subsection | ||
(k) to read as follows: | ||
(c) In addition to the registration fees prescribed by this | ||
chapter, an owner registering a commercial fleet under this section | ||
shall pay: | ||
(1) a one-time [ |
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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. | ||
(d-1) The department shall issue a license plate for a token | ||
trailer registered under this section that does not expire. The | ||
license plate must include the word "Permanent." A [ |
||
|
||
remain on a token trailer [ |
||
|
||
service or sold, provided that the license plate must be removed if | ||
the department cancels, suspends, or revokes the registration for | ||
the token trailer as provided by law or department rule. The | ||
registration receipt required under Section 621.002 is not required | ||
for a vehicle that displays a license plate issued under this | ||
subsection. | ||
(k) A token trailer that displays a license plate issued | ||
under Subsection (d-1) is subject to the inspection requirements | ||
under Chapter 548 as if the token trailer was not permanently | ||
registered. The department and the Department of Public Safety | ||
shall adopt rules to establish a method to enforce the inspection | ||
requirements under Chapter 548 for a token trailer that displays a | ||
license plate issued under Subsection (d-1). The rules must | ||
authorize the department to suspend the registration of a token | ||
trailer that displays a license plate issued under Subsection (d-1) | ||
for failure to comply with the inspection requirements. The | ||
department may assess a fee to cover the department's | ||
administrative costs to implement this subsection. | ||
SECTION 32. Subchapter A, Chapter 502, Transportation Code, | ||
is amended by adding Section 502.004 to read as follows: | ||
Sec. 502.004. REGISTRATION OF AUTOCYCLE. (a) In this | ||
section, "autocycle" means a motor vehicle, other than a tractor, | ||
that is: | ||
(1) designed to have when propelled not more than | ||
three wheels on the ground; | ||
(2) equipped with a steering wheel; | ||
(3) equipped with seating that does not require the | ||
operator to straddle or sit astride the seat; and | ||
(4) manufactured and certified to comply with federal | ||
safety requirements for a motorcycle. | ||
(b) For purposes of registering a vehicle under this | ||
chapter, an autocycle is considered to be a motorcycle. | ||
SECTION 33. Sections 502.044(a) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (e), 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. | ||
(e) The department shall use the date of sale of the vehicle | ||
in designating the registration period [ |
||
which registration is applied [ |
||
commercial fleet buyer described by Section 501.0234(b)(4). Unless | ||
the department designates a registration period of less than 12 | ||
months, the registration period is: | ||
(1) 12 consecutive months if the vehicle receives a | ||
one-year inspection period under Section 548.102; or | ||
(2) 24 consecutive months if the vehicle receives a | ||
two-year inspection period under Section 548.102, provided that all | ||
fees are paid for each year of registration. | ||
SECTION 34. Sections 502.146(a) and (h), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department shall issue distinguishing [ |
||
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. | ||
(h) A distinguishing [ |
||
issued or renewed under Subsection (a) to an owner of a vehicle | ||
described by Subsection (b)(1) unless the vehicle's owner provides | ||
a registration number issued by the comptroller under Section | ||
151.1551, Tax Code. The comptroller shall allow access to the | ||
online system established under Section 151.1551(l), Tax Code, to | ||
verify a registration number provided under this subsection. | ||
SECTION 35. Subchapter D, Chapter 502, Transportation Code, | ||
is amended by adding Section 502.147 to read as follows: | ||
Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS, | ||
FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not | ||
required to register a farm trailer or farm semitrailer that has a | ||
gross weight of 4,000 pounds or less or a farm tractor or an | ||
implement of husbandry, if the trailer, semitrailer, tractor, or | ||
implement is operated only temporarily on the highways. | ||
SECTION 36. The heading to Section 502.255, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 502.255. TRUCK-TRACTOR OR COMMERCIAL MOTOR VEHICLE | ||
COMBINATION FEE; PERMANENT SEMITRAILER TOKEN FEE. | ||
SECTION 37. Section 502.255, Transportation Code, is | ||
amended by amending Subsections (c), (i), and (j) and adding | ||
Subsection (k) to read as follows: | ||
(c) The one-time fee for registration of a semitrailer used | ||
in the manner described by Subsection (a), regardless of the date | ||
the semitrailer is registered, is $105 [ |
||
|
||
(i) The department shall issue a license plate for a token | ||
trailer registered under this section that does not expire or | ||
require an annual registration insignia to be valid. The license | ||
plate must include the word "Permanent." A [ |
||
|
||
token trailer [ |
||
|
||
sold, provided that the license plate must be removed if the | ||
department cancels, suspends, or revokes the registration for the | ||
token trailer as provided by law or department rule. The | ||
registration receipt required under Section 621.002 is not required | ||
for a vehicle that displays a license plate issued under this | ||
subsection. | ||
(j) A person may register a semitrailer under this section | ||
if the person: | ||
(1) applies to the department for registration; | ||
(2) provides proof of the person's eligibility to | ||
register the vehicle under this subsection as required by the | ||
department; and | ||
(3) pays the [ |
||
|
||
|
||
(k) A token trailer that displays a license plate issued | ||
under Subsection (i) is subject to the inspection requirements | ||
under Chapter 548 as if the token trailer was not permanently | ||
registered. The department and the Department of Public Safety | ||
shall adopt rules to establish a method to enforce the inspection | ||
requirements under Chapter 548 for a token trailer that displays a | ||
license plate issued under Subsection (i). The rules must | ||
authorize the department to suspend the registration of a token | ||
trailer that displays a license plate issued under Subsection (i) | ||
for failure to comply with the inspection requirements. The | ||
department may assess a fee to cover the department's | ||
administrative costs to implement this subsection. | ||
SECTION 38. Section 502.433(a-1), Transportation Code, is | ||
amended to read as follows: | ||
(a-1) A commercial motor vehicle may not be registered or | ||
renewed under this section unless the vehicle's owner provides a | ||
registration number issued by the comptroller under Section | ||
151.1551, Tax Code. The comptroller shall allow access to the | ||
online system established under Section 151.1551(l), Tax Code, to | ||
verify a registration number provided under this subsection. | ||
SECTION 39. Section 503.001(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "Board" means the board of the Texas Department of | ||
Motor Vehicles [ |
||
|
||
SECTION 40. Section 503.003, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR | ||
TRAILER. This chapter does not prohibit the display or sale of a | ||
nonmotorized vehicle or trailer at a regularly scheduled vehicle or | ||
boat show with multiple vendors [ |
||
|
||
SECTION 41. Section 503.007(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The fee for an original general distinguishing number is | ||
$500 for the first year and $200 for each subsequent year [ |
||
|
||
SECTION 42. Section 503.009(b), Transportation Code, as | ||
repealed by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, | ||
Regular Session, 2013, and amended by Chapter 1379 (H.B. 1692), | ||
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted | ||
and amended to read as follows: | ||
(b) The procedures applicable to a hearing conducted under | ||
this section are those applicable to a hearing conducted under | ||
Chapter 2301, Occupations Code, or Chapter 2001, Government Code. | ||
SECTION 43. Section 503.010, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER, | ||
LICENSE, OR LICENSE PLATE. Each general distinguishing number, | ||
license, or license plate issued under this chapter is valid for the | ||
period prescribed by the board [ |
||
SECTION 44. Section 503.031(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) An applicant for a drive-a-way in-transit license must | ||
submit to the department [ |
||
information required by the department [ |
||
SECTION 45. Section 503.038(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may cancel a dealer's general | ||
distinguishing number if the dealer: | ||
(1) falsifies or forges a title document, including an | ||
affidavit making application for a certified copy of a title; | ||
(2) files a false or forged tax document, including a | ||
sales tax affidavit; | ||
(3) fails to take assignment of any basic evidence of | ||
ownership, including a certificate of title or manufacturer's | ||
certificate, for a vehicle the dealer acquires; | ||
(4) fails to assign any basic evidence of ownership, | ||
including a certificate of title or manufacturer's certificate, for | ||
a vehicle the dealer sells; | ||
(5) uses or permits the use of a metal dealer's license | ||
plate or a dealer's temporary tag on a vehicle that the dealer does | ||
not own or control or that is not in stock and offered for sale; | ||
(6) wilfully omits material information from or makes | ||
a material misrepresentation in an application or other information | ||
filed with the department; | ||
(7) fails to maintain the qualifications for a general | ||
distinguishing number; | ||
(8) fails to provide to the department within 30 days | ||
after the date of demand by the department satisfactory and | ||
reasonable evidence that the person is regularly and actively | ||
engaged in business as a wholesale or retail dealer; | ||
(9) has been licensed for at least 12 months and has | ||
not assigned at least five vehicles during the previous 12-month | ||
period; | ||
(10) has failed to demonstrate compliance with | ||
Sections 23.12, 23.121, and 23.122, Tax Code; | ||
(11) uses or allows the use of the dealer's general | ||
distinguishing number or the location for which the general | ||
distinguishing number is issued to avoid the requirements of this | ||
chapter; | ||
(12) misuses or allows the misuse of a temporary tag | ||
authorized under this chapter; | ||
(13) refuses to show on a buyer's temporary tag the | ||
date of sale or other reasonable information required by the | ||
department; or | ||
(14) otherwise violates this chapter or a rule adopted | ||
under this chapter. | ||
SECTION 46. Section 503.0626(a), Transportation Code, is | ||
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. [ |
||
|
||
|
||
SECTION 47. Section 503.0631(a), Transportation Code, is | ||
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. [ |
||
|
||
SECTION 48. Section 503.069(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A license plate, other than an in-transit license plate, | ||
or a temporary tag issued under this chapter shall be displayed in | ||
accordance with board [ |
||
SECTION 49. Section 504.010(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Unless otherwise specified by statute, the [ |
||
may adopt rules regarding the placement of license plates [ |
||
|
||
SECTION 50. Subchapter A, Chapter 504, Transportation Code, | ||
is amended by adding Section 504.011 to read as follows: | ||
Sec. 504.011. ISSUANCE DATE FOR CERTAIN SPECIALTY LICENSE | ||
PLATES. (a) The department is not required to issue a specialty | ||
license plate under this chapter that was created or authorized by | ||
an Act of the 84th Legislature, Regular Session, 2015, until | ||
January 1, 2016. | ||
(b) This section expires January 31, 2016. | ||
SECTION 51. Sections 504.202(b) and (e), Transportation | ||
Code, are amended 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 of 18,000 pounds | ||
or less or is a motor home. | ||
(e) Other than license plates issued under Subsection (h), | ||
license plates issued under this section must include[ |
||
[ |
||
|
||
[ |
||
Forces" at the bottom of each license plate. | ||
SECTION 52. Section 504.943(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A person commits an offense if the person operates on a | ||
public highway during a registration period a road tractor, truck | ||
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. | ||
SECTION 53. Section 541.201(5), Transportation Code, is | ||
amended to read as follows: | ||
(5) "House trailer" means a trailer or semitrailer, | ||
other than a towable recreational vehicle, that: | ||
(A) is transportable on a highway in one or more | ||
sections; | ||
(B) is less than 45 [ |
||
excluding tow bar, while in the traveling mode; | ||
(C) is built on a permanent chassis; | ||
(D) is designed to be used as a dwelling or for | ||
commercial purposes if connected to required utilities; and | ||
(E) includes plumbing, heating, | ||
air-conditioning, and electrical systems. | ||
SECTION 54. Section 548.005, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.005. INSPECTION ONLY BY STATE-CERTIFIED AND | ||
SUPERVISED INSPECTION STATION. A compulsory inspection under this | ||
chapter may be made only by an inspection station, except that the | ||
department may: | ||
(1) permit inspection to be made by an inspector under | ||
terms and conditions the department prescribes; and | ||
(2) authorize the acceptance in this state of a | ||
certificate of inspection and approval issued in another state | ||
having a similar inspection law[ |
||
[ |
||
|
||
|
||
|
||
SECTION 55. Section 548.101, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. | ||
(a) Except as provided by Section 548.102, the department shall | ||
require an annual inspection. | ||
(b) A [ |
||
|
||
|
||
[ |
||
not earlier than 90 days before the date of expiration of the | ||
vehicle's registration. | ||
(c) A[ |
||
[ |
||
by Section 503.001, must be inspected in the 180 days preceding the | ||
date the dealer sells the vehicle. | ||
SECTION 56. The heading to Section 548.102, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.102. [ |
||
PASSENGER CAR OR LIGHT TRUCK. | ||
SECTION 57. Section 548.102, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) The initial inspection period is one year or two years, | ||
at the option of the purchaser of the vehicle, for a passenger car | ||
or light truck that: | ||
(1) is sold in this state or purchased by a commercial | ||
fleet buyer described by Section 501.0234(b)(4) for use in this | ||
state; | ||
(2) has not been previously registered in this or | ||
another state; and | ||
(3) on the date of sale is of the current or preceding | ||
model year. | ||
(c) Notwithstanding any other provision of this chapter, | ||
the initial inspection period begins on the date on which | ||
registration begins when a registration application is made: | ||
(1) under Section 501.0234; or | ||
(2) by a commercial fleet buyer described by Section | ||
501.0234(b)(4). | ||
SECTION 58. Section 548.201(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A program under this section also applies to any: | ||
(1) [ |
||
|
||
|
||
[ |
||
541.201, that has a gross weight, registered weight, or gross | ||
weight rating of more than 26,000 pounds, or is designed to | ||
transport more than 15 passengers, including the driver; and | ||
(2) [ |
||
authorized by Section 545.352(b)(4)(A) [ |
||
SECTION 59. Section 548.203, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.203. EXEMPTIONS. (a) Notwithstanding any other | ||
provision of this chapter, a vehicle that is subject to inspection | ||
under 49 C.F.R. Part 396 is exempt from the safety inspection | ||
required under this subchapter. | ||
(b) The commission by rule may exempt a type of commercial | ||
motor vehicle from the application of this subchapter if the | ||
vehicle: | ||
(1) was manufactured before September 1, 1995; | ||
(2) is operated only temporarily on a highway of this | ||
state and at a speed of less than 30 miles per hour; and | ||
(3) complies with Section 548.051 and each applicable | ||
provision in Title 49, Code of Federal Regulations. | ||
SECTION 60. Section 548.251, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE. The | ||
department shall maintain an electronic database to which | ||
inspection stations may electronically submit the information | ||
required by Section 548.253. The department must ensure that the | ||
vehicle identification number of each inspected vehicle is included | ||
in the database, along with a notation on whether the vehicle | ||
complies with the applicable inspection requirements under this | ||
chapter and Chapter 382, Health and Safety Code. | ||
SECTION 61. Section 548.256, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.256. PROOF OF COMPLIANCE WITH INSPECTION | ||
REQUIREMENTS REQUIRED TO REGISTER VEHICLE. (a) Except as provided | ||
by Subsection (b), before [ |
||
Texas Department of Motor Vehicles or the county assessor-collector | ||
registering the vehicle shall verify that the vehicle complies with | ||
[ |
||
chapter and Chapter 382, Health and Safety Code [ |
||
|
||
inspection database. If the database information is not available, | ||
the owner of the vehicle may present a vehicle inspection report | ||
issued for the vehicle. | ||
(b) The Texas Department of Motor Vehicles or a county | ||
assessor-collector may register a vehicle that is not in compliance | ||
with the applicable inspection requirements under this chapter or | ||
Chapter 382, Health and Safety Code, if the vehicle is located in | ||
another state at the time the applicant applies for registration or | ||
registration renewal under Chapter 502 and the applicant certifies | ||
that the vehicle is located in another state and the applicant will | ||
comply with the applicable inspection requirements under this | ||
chapter, Chapter 382, Health and Safety Code, and the department's | ||
administrative rules regarding inspection requirements once the | ||
vehicle is operated in this state. The Texas Department of Motor | ||
Vehicles or the county assessor-collector shall add a notation to | ||
the Texas Department of Motor Vehicles' registration database for | ||
law enforcement to verify the inspection status of the vehicle. | ||
SECTION 62. Section 548.301(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A program established under this section must include | ||
registration and registration renewal-based | ||
[ |
||
SECTION 63. Sections 548.3011(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) This section applies only to a vehicle: | ||
(1) the most recent [ |
||
or registration of which was issued in a county without a motor | ||
vehicle emissions inspection and maintenance program; and | ||
(2) the ownership of which has changed and which has | ||
been the subject of a retail sale as defined by Section 2301.002, | ||
Occupations Code. | ||
(c) A vehicle subject to this section is not eligible for a | ||
title receipt under Section 501.024, a [ |
||
Section 501.027, or registration under Chapter 502 in a county with | ||
a motor vehicle emissions inspection and maintenance program unless | ||
proof is presented with the application for [ |
||
or registration, as appropriate, that the vehicle, not earlier than | ||
the 90th day before the date on which the new owner's application | ||
for [ |
||
clerk or county assessor-collector, as appropriate, is in | ||
compliance with the emissions inspection requirements as | ||
determined by the department [ |
||
|
||
|
||
SECTION 64. Section 548.306(h), Transportation Code, is | ||
amended to read as follows: | ||
(h) The Texas Department of Motor Vehicles [ |
||
may deny the renewal of registration [ |
||
if the registered owner of the vehicle has received notification | ||
under Subsection (c) and the vehicle has not passed a verification | ||
emissions inspection. | ||
SECTION 65. The heading to Section 548.503, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.503. [ |
||
CAR OR LIGHT TRUCK. | ||
SECTION 66. Section 548.503(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The fee for inspection of a passenger car or light truck | ||
that receives a two-year inspection period under Section 548.102 | ||
shall be set by the department by rule on or before September 1 of | ||
each year. A fee set by the department under this subsection must | ||
be based on the costs of providing inspections and administering | ||
the program, but may not be less than $21.75. | ||
SECTION 67. Subchapter H, Chapter 548, Transportation Code, | ||
is amended by adding Section 548.510 to read as follows: | ||
Sec. 548.510. REFUND OF OVERCHARGED INSPECTION FEE. | ||
(a) The owner of a motor vehicle who pays at the time of | ||
registration an inspection fee in excess of the required amount is | ||
entitled to a refund of the overcharge. | ||
(b) A county assessor-collector who collects an excessive | ||
fee, or the Texas Department of Motor Vehicles if the excessive fee | ||
is collected by that department, shall refund an overcharge on | ||
presentation of satisfactory evidence of the overcharge not later | ||
than the first anniversary of the date the excessive inspection fee | ||
was paid. | ||
(c) The comptroller shall reimburse an entity for any | ||
refunds made by the entity under this section. | ||
SECTION 68. Subchapter I, Chapter 548, Transportation Code, | ||
is amended by adding Section 548.605 to read as follows: | ||
Sec. 548.605. DRIVING A VEHICLE WITHOUT COMPLYING WITH | ||
INSPECTION REQUIREMENTS AS CERTIFIED; OFFENSE; DISMISSAL OF | ||
CHARGE. (a) In this section, "working day" means any day other | ||
than a Saturday, a Sunday, or a holiday on which county offices are | ||
closed. | ||
(b) A person commits an offense if: | ||
(1) the person operates in this state a motor vehicle | ||
for which a certification was provided under Section 548.256(b); | ||
and | ||
(2) the vehicle is not in compliance with the | ||
applicable inspection requirements under this chapter, Chapter | ||
382, Health and Safety Code, or the department's administrative | ||
rules regarding inspection requirements. | ||
(c) A peace officer may require the owner or operator to | ||
produce a vehicle inspection report issued for the vehicle if the | ||
Texas Department of Motor Vehicles' registration database includes | ||
a notation for law enforcement to verify the inspection status of | ||
the vehicle. | ||
(d) It is a defense to prosecution under Subsection (b) that | ||
a passing vehicle inspection report issued for the vehicle is in | ||
effect at the time of the offense. | ||
(e) A court shall: | ||
(1) dismiss a charge under this section if the | ||
defendant remedies the defect: | ||
(A) not later than the 20th working day after the | ||
date of the citation or before the defendant's first court | ||
appearance date, whichever is later; or | ||
(B) not later than the 40th working day after the | ||
applicable deadline provided by this chapter, Chapter 382, Health | ||
and Safety Code, or the department's administrative rules regarding | ||
inspection requirements; and | ||
(2) assess an administrative fee not to exceed $20 | ||
when the charge has been remedied under Subdivision (1). | ||
(f) An offense under this section is a Class C misdemeanor. | ||
SECTION 69. Section 621.002, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Except as provided by Subsection (c), a [ |
||
registration receipt issued under Section 502.057 for a commercial | ||
motor vehicle, truck-tractor, trailer, or semitrailer shall be: | ||
(1) carried on the vehicle when the vehicle is on a | ||
public highway; and | ||
(2) presented to an officer authorized to enforce this | ||
chapter on request of the officer. | ||
(c) Subsection (a) does not apply to a vehicle that displays | ||
a license plate issued under Section 502.0023(d-1) or 502.255(i). | ||
SECTION 70. Subchapter A, Chapter 621, Transportation Code, | ||
is amended by adding Section 621.0075 to read as follows: | ||
Sec. 621.0075. EVIDENCE OF PERMIT. (a) An operator of a | ||
vehicle operating under a permit issued under this subtitle who is | ||
required by law or rule to carry the permit in the vehicle shall, on | ||
request, provide the permit for the vehicle or a photocopy of the | ||
permit to a peace officer, as defined by Article 2.12, Code of | ||
Criminal Procedure. | ||
(b) If the department provides a permit electronically, the | ||
vehicle operator may provide a legible and accurate image of the | ||
permit displayed on a wireless communication device. | ||
(c) The display of an image that includes permit information | ||
on a wireless communication device under Subsection (b) does not | ||
constitute effective consent for a law enforcement officer, or any | ||
other person, to access the contents of the wireless communication | ||
device except to view the permit information. | ||
(d) The authorization of the use of a wireless communication | ||
device to display permit information under Subsection (b) does not | ||
prevent a court of competent jurisdiction from requiring a person | ||
to provide a paper copy of the person's evidence of permit in a | ||
hearing or trial or in connection with discovery proceedings. | ||
(e) A telecommunications provider, as defined by Section | ||
51.002, Utilities Code, may not be held liable to the operator of | ||
the motor vehicle for the failure of a wireless communication | ||
device to display permit information under Subsection (b). | ||
SECTION 71. Subchapter A, Chapter 621, Transportation Code, | ||
is amended by adding Section 621.009 to read as follows: | ||
Sec. 621.009. SIZE AND WEIGHT LIMITATIONS. The size and | ||
weight limitations provided by this chapter apply unless otherwise | ||
provided by this subtitle. | ||
SECTION 72. Section 621.101(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A vehicle or combination of vehicles may not be operated | ||
over or on a public highway or at a port-of-entry between Texas and | ||
the United Mexican States if the vehicle or combination has: | ||
(1) a single axle weight heavier than 20,000 pounds, | ||
including all enforcement tolerances; | ||
(2) a tandem axle weight heavier than 34,000 pounds, | ||
including all enforcement tolerances; | ||
(3) an overall gross weight on a group of two or more | ||
consecutive axles heavier than the weight computed using the | ||
following formula and rounding the result to the nearest 500 | ||
pounds: | ||
W = 500((LN/(N - 1)) + 12N + 36) | ||
where: | ||
"W" is maximum overall gross weight on the group; | ||
"L" is distance in feet between the axles of the group that | ||
are the farthest apart; and | ||
"N" is number of axles in the group; or | ||
(4) tires that carry a weight heavier than the weight | ||
specified and marked on the sidewall of the tire, unless expressly | ||
authorized [ |
||
special permit. | ||
SECTION 73. Section 621.102(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A vehicle operating under a permit issued under Section | ||
623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181, | ||
623.192, [ |
||
2741), Acts of the 83rd Legislature, Regular Session, 2013, may | ||
operate under the conditions authorized by the permit over a road | ||
for which the executive director of the Texas Department of | ||
Transportation has set a maximum weight under this section. | ||
SECTION 74. Section 621.301(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) A vehicle operating under a permit issued under Section | ||
623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181, | ||
623.192, [ |
||
2741), Acts of the 83rd Legislature, Regular Session, 2013, may | ||
operate under the conditions authorized by the permit over a road | ||
for which the commissioners court has set a maximum weight under | ||
this section. | ||
SECTION 75. Section 621.502(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) Intent to operate a vehicle at a weight that is heavier | ||
than the weight authorized by a permit issued under Section 623.011 | ||
or 623.020 is presumed if: | ||
(1) the vehicle is operated at a weight that is heavier | ||
than the applicable weight plus the tolerance allowance provided by | ||
Section 623.011(a) or 623.020(a); and | ||
(2) a permit to operate at that weight has not been | ||
issued for the vehicle. | ||
SECTION 76. The heading to Section 621.503, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR | ||
WEIGHT LIMITATION. | ||
SECTION 77. Sections 621.503(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person may not load, or cause to be loaded, a vehicle | ||
for operation on a public highway of this state that exceeds the | ||
height, width, length, or weight limitations for operation of that | ||
vehicle provided by this subtitle [ |
||
(b) Intent to violate a weight limitation is presumed if the | ||
weight of the loaded vehicle is heavier than the applicable axle or | ||
gross weight limit by 15 percent or more. | ||
SECTION 78. Subchapter G, Chapter 621, Transportation Code, | ||
is amended by adding Section 621.511 to read as follows: | ||
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person | ||
commits an offense if: | ||
(1) the person operates or moves on a public highway a | ||
vehicle that is issued a permit under this subtitle; and | ||
(2) the person operating or moving the vehicle is not | ||
the person named on the permit for the vehicle. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
SECTION 79. Section 622.901, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 622.901. WIDTH EXCEPTIONS. The width limitation | ||
provided by Section 621.201 does not apply to: | ||
(1) highway building or maintenance machinery that is | ||
traveling: | ||
(A) during daylight on a public highway other | ||
than a highway that is part of the national system of interstate and | ||
defense highways; or | ||
(B) for not more than 50 miles on a highway that | ||
is part of the national system of interstate and defense highways; | ||
(2) a vehicle traveling during daylight on a public | ||
highway other than a highway that is part of the national system of | ||
interstate and defense highways or traveling for not more than 50 | ||
miles on a highway that is part of the national system of interstate | ||
and defense highways if the vehicle is: | ||
(A) a farm tractor or implement of husbandry; or | ||
(B) a vehicle on which a farm tractor, [ |
||
implement of husbandry, or equipment used in the harvesting and | ||
production of timber, other than a tractor, [ |
||
equipment being transported from one dealer to another, is being | ||
moved by the owner of the tractor, [ |
||
by an agent or employee of the owner: | ||
(i) to deliver the tractor, [ |
||
or equipment to a new owner; | ||
(ii) to transport the tractor, [ |
||
implement, or equipment to or from a mechanic for maintenance or | ||
repair; or | ||
(iii) in the course of an agricultural | ||
operation, including a forestry operation; | ||
(3) machinery that is used solely for drilling water | ||
wells, including machinery that is a unit or a unit mounted on a | ||
conventional vehicle or chassis, and that is traveling: | ||
(A) during daylight on a public highway other | ||
than a highway that is part of the national system of interstate and | ||
defense highways; or | ||
(B) for not more than 50 miles on a highway that | ||
is part of the national system of interstate and defense highways; | ||
(4) a vehicle owned or operated by a public, private, | ||
or volunteer fire department; | ||
(5) a vehicle registered under Section 502.431; or | ||
(6) a recreational vehicle to which Section 622.903 | ||
applies. | ||
SECTION 80. Section 623.0113, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided | ||
by Subsection (b), a permit issued under Section 623.011 or 623.020 | ||
does not authorize the operation of a vehicle on: | ||
(1) the national system of interstate and defense | ||
highways in this state if the weight of the vehicle is greater than | ||
authorized by federal law; or | ||
(2) a bridge for which a maximum weight and load limit | ||
has been established and posted by the Texas Transportation | ||
Commission under Section 621.102 or the commissioners court of a | ||
county under Section 621.301, if the gross weight of the vehicle and | ||
load or the axles and wheel loads are greater than the limits | ||
established and posted under those sections. | ||
(b) The restrictions under Subsection (a)(2) do not apply if | ||
a bridge described by Subsection (a)(2) provides the only public | ||
vehicular access from an origin or to a destination by a holder of a | ||
permit issued under Section 623.011 or 623.020. | ||
SECTION 81. Sections 623.0171(b) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department may issue a permit that authorizes the | ||
operation of a ready-mixed concrete truck with three or more axles. | ||
(e) When the department issues a permit under this section, | ||
the department shall issue a sticker to be placed on the front | ||
windshield of the vehicle [ |
||
|
||
sticker to aid in the enforcement of weight limits for vehicles. | ||
SECTION 82. Section 623.018(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) If a vehicle has a permit issued under Section 623.011 | ||
or 623.020, a commissioners court may not: | ||
(1) issue a permit under this section or charge an | ||
additional fee for or otherwise regulate or restrict the operation | ||
of the vehicle because of weight; or | ||
(2) require the owner or operator to execute or comply | ||
with a road use agreement or indemnity agreement, to make a filing | ||
or application, or to provide a bond or letter of credit other than | ||
the bond or letter of credit prescribed by Section 623.012. | ||
SECTION 83. Subchapter B, Chapter 623, Transportation Code, | ||
is amended by adding Section 623.020 to read as follows: | ||
Sec. 623.020. 24-HOUR PERMIT FOR EXCESS AXLE OR GROSS | ||
WEIGHT. (a) The department may issue a permit that authorizes the | ||
operation of a commercial motor vehicle, trailer, semitrailer, or | ||
combination of those vehicles, or a truck-tractor or combination of | ||
a truck-tractor and one or more other vehicles: | ||
(1) at an axle weight that is not heavier than the | ||
weight equal to the maximum allowable axle weight for the vehicle or | ||
combination plus a tolerance allowance of 10 percent of that | ||
allowable weight; and | ||
(2) at a gross weight that is not heavier than the | ||
weight equal to the maximum allowable gross weight for the vehicle | ||
or combination plus a tolerance allowance of five percent. | ||
(b) To qualify for a permit under this section: | ||
(1) the vehicle must be registered under Chapter 502 | ||
for the maximum gross weight applicable to the vehicle under | ||
Section 621.101, not to exceed 80,000 pounds, and the motor carrier | ||
must be registered under Chapter 643; | ||
(2) an application must be made in a manner determined | ||
by the department by rule; and | ||
(3) a nonrefundable permit fee of $50 must be paid. | ||
(c) When a person applies for a permit under this section, | ||
the person must pay in addition to the fee described by Subsection | ||
(b)(3) an administrative fee adopted by board rule in an amount not | ||
to exceed the direct and indirect cost to the department of | ||
administering this section. | ||
(d) A permit issued under this section: | ||
(1) is valid for 24 hours; | ||
(2) must be carried in the vehicle for which it is | ||
issued; and | ||
(3) may not be amended, corrected, or transferred. | ||
(e) A vehicle operating under a permit issued under this | ||
section may exceed the maximum allowable gross weight tolerance | ||
allowance by not more than five percent, regardless of the weight of | ||
any one axle or tandem axle, if no axle or tandem axle exceeds the | ||
tolerance permitted by Subsection (a). | ||
(f) When a person applies for a permit under this section, | ||
the person must designate no more than five counties in which the | ||
vehicle will be operated. A permit issued under this section does | ||
not authorize the operation of the vehicle in a county that is not | ||
designated in the application. | ||
(g) Unless otherwise provided by state or federal law, a | ||
county may not require a permit, fee, or license for the operation | ||
of a vehicle holding a permit under this section. | ||
(h) Of the fee collected under this section for a permit: | ||
(1) 50 percent of the amount collected shall be | ||
deposited to the credit of the state highway fund; and | ||
(2) the other 50 percent shall be divided among and | ||
distributed to the counties designated in permit applications under | ||
Subsection (f) according to department rule. | ||
(i) At least once each fiscal year, the comptroller shall | ||
send the amount due each county under Subsection (h) to the county | ||
treasurer or officer performing the function of that office for | ||
deposit to the credit of the county road and bridge fund. | ||
SECTION 84. Section 623.144, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 623.144. REGISTRATION OF VEHICLE. [ |
||
not operate a vehicle permitted under this subchapter on a public | ||
highway unless the vehicle is registered under Chapter 502 for the | ||
maximum gross weight applicable to the vehicle under Section | ||
621.101 or has distinguishing [ |
||
provided by Section 502.146 if applicable to the vehicle. | ||
[ |
||
|
||
|
||
SECTION 85. Sections 623.271(a) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department may investigate and, except as provided | ||
by Subsection (f), may impose an administrative penalty, [ |
||
revoke an oversize or overweight permit issued under this chapter, | ||
or revoke a motor carrier's registration, as provided by Section | ||
643.252, if the person or the holder of the permit, as applicable: | ||
(1) provides false information on the permit | ||
application or another form required by the department for the | ||
issuance of an oversize or overweight permit; | ||
(2) violates this chapter, Chapter 621, or Chapter | ||
622; | ||
(3) violates a rule or order adopted under this | ||
chapter, Chapter 621, or Chapter 622; or | ||
(4) fails to obtain an oversize or overweight permit | ||
if a permit is required. | ||
(e) A person who has been ordered to pay an administrative | ||
penalty under this section and the vehicle that is the subject of | ||
the enforcement order may not be issued a permit under this chapter | ||
or a registration, registration renewal, or reregistration of a | ||
motor carrier's registration under Chapter 643 until the amount of | ||
the penalty has been paid to the department. | ||
SECTION 86. The heading to Section 623.272, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE | ||
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. | ||
SECTION 87. Section 623.272(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may investigate and impose an | ||
administrative penalty on a shipper who: | ||
(1) does not provide a shipper's certificate of weight | ||
required under Section 623.274(b); or | ||
(2) provides false information on a shipper's | ||
certificate of weight that the shipper delivers to a person | ||
transporting a shipment. | ||
SECTION 88. Section 623.274, Transportation Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) On the written request of the person transporting the | ||
shipment, a [ |
||
shipper must: | ||
(1) certify that the information contained on the | ||
certificate of weight [ |
||
(2) deliver the certificate of weight to the person | ||
transporting the shipment [ |
||
|
||
|
||
(c) A person transporting a shipment must provide the | ||
department with a copy of the certificate of weight before the | ||
issuance of an overweight permit under this chapter if the combined | ||
weight of the vehicle or vehicles and load is more than 200,000 | ||
pounds. | ||
SECTION 89. Section 623.322, Transportation Code, as added | ||
by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, Regular | ||
Session, 2013, is amended by adding Subsections (c) and (d) to read | ||
as follows: | ||
(c) When the department issues a permit under this section, | ||
the department shall issue a sticker to be placed on the front | ||
windshield of the vehicle. The department shall design the form of | ||
the sticker to aid in the enforcement of weight limits for vehicles. | ||
(d) The sticker must: | ||
(1) indicate the expiration date of the permit; and | ||
(2) be removed from the vehicle when: | ||
(A) the permit for operation of the vehicle | ||
expires; | ||
(B) a lease of the vehicle expires; or | ||
(C) the vehicle is sold. | ||
SECTION 90. Section 623.323(c), Transportation Code, as | ||
added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, | ||
Regular Session, 2013, is amended to read as follows: | ||
(c) A financially responsible party shall electronically | ||
file the notification document described by Subsection (b) with the | ||
department under rules adopted by the department not later than the | ||
first [ |
||
the financially responsible party under Subsection (b)(5), | ||
provided that the notification document must be filed not later | ||
than 24 hours before the earliest time of operation listed by the | ||
financially responsible party under Subsection (b)(5). The | ||
department shall immediately send an electronic copy of the | ||
notification document to each county identified in the notification | ||
document and the Texas Department of Transportation and an | ||
electronic receipt for the notification document to the financially | ||
responsible party. Not later than the first business day listed by | ||
the financially responsible party under Subsection (b)(5), a county | ||
or the Texas Department of Transportation may inspect a road or | ||
highway identified in the notification document. If an inspection | ||
is conducted under this subsection, a county or the Texas | ||
Department of Transportation shall: | ||
(1) document the condition of the roads or highways | ||
and take photographs of the roads or highways as necessary to | ||
establish a baseline for any subsequent assessment of damage | ||
sustained by the financially responsible party's use of the roads | ||
or highways; and | ||
(2) provide a copy of the documentation to the | ||
financially responsible party. | ||
SECTION 91. Sections 643.054(a-2) and (a-3), | ||
Transportation Code, are amended to read as follows: | ||
(a-2) The department may deny a registration if the | ||
applicant [ |
||
otherwise controlled by or affiliated with a person, including [ |
||
|
||
entity, or shareholder, that [ |
||
has determined has: | ||
(1) an unsatisfactory safety rating under 49 C.F.R. | ||
Part 385; or | ||
(2) multiple violations of Chapter 644, a rule adopted | ||
under that chapter, or Subtitle C. | ||
(a-3) The department may deny a registration if the | ||
applicant is owned, [ |
||
managed, or otherwise controlled by or affiliated with a person, | ||
including a [ |
||
entity, or shareholder, that [ |
||
|
||
(1) owned, operated, managed, or otherwise controlled | ||
a motor carrier that the Federal Motor Carrier Safety | ||
Administration has placed out of service for unacceptable safety | ||
compliance [ |
||
|
||
(2) has unpaid administrative penalties assessed | ||
under this chapter or Subtitle E [ |
||
|
||
SECTION 92. Section 643.056, Transportation Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The department may deny a supplement to a motor | ||
carrier's application for registration if the motor carrier is | ||
owned, operated, managed, or otherwise controlled by or affiliated | ||
with a person, including a family member, corporate officer, | ||
entity, or shareholder, that has unpaid administrative penalties | ||
assessed under this chapter or Subtitle E. | ||
SECTION 93. Section 643.058, Transportation Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) A motor carrier may not renew a registration that has | ||
been expired for more than 180 days. The motor carrier may obtain a | ||
new registration by complying with the requirements and procedures | ||
for obtaining an original registration under this chapter. | ||
(e) The department may deny a motor carrier's application to | ||
renew a registration if the motor carrier is owned, operated, | ||
managed, or otherwise controlled by or affiliated with a person, | ||
including a family member, corporate officer, entity, or | ||
shareholder, that: | ||
(1) the Department of Public Safety has determined | ||
has: | ||
(A) an unsatisfactory safety rating under 49 | ||
C.F.R. Part 385; or | ||
(B) multiple violations of Chapter 644, a rule | ||
adopted under that chapter, or Subtitle C; | ||
(2) owned, operated, managed, or otherwise controlled | ||
a motor carrier that the Federal Motor Carrier Safety | ||
Administration has placed out of service for unacceptable safety | ||
compliance; or | ||
(3) has unpaid administrative penalties assessed | ||
under this chapter or Subtitle E. | ||
SECTION 94. Subchapter B, Chapter 643, Transportation Code, | ||
is amended by adding Section 643.0585 to read as follows: | ||
Sec. 643.0585. REREGISTRATION. (a) If a motor carrier's | ||
registration has been suspended or revoked, the motor carrier may | ||
apply to the department for reregistration not later than the 180th | ||
day after the date the registration was suspended or revoked. | ||
(b) An application for reregistration must be submitted on a | ||
form prescribed by the department and accompanied by: | ||
(1) a $10 fee for each vehicle requiring | ||
reregistration; | ||
(2) evidence of insurance or financial responsibility | ||
as required by Section 643.103(a); and | ||
(3) any insurance filing fee required under Section | ||
643.103(c). | ||
(c) The department may deny a motor carrier's application | ||
for reregistration if the motor carrier is owned, operated, | ||
managed, or otherwise controlled by or affiliated with a person, | ||
including a family member, corporate officer, entity, or | ||
shareholder, that: | ||
(1) the Department of Public Safety has determined | ||
has: | ||
(A) an unsatisfactory safety rating under 49 | ||
C.F.R. Part 385; or | ||
(B) multiple violations of Chapter 644, a rule | ||
adopted under that chapter, or Subtitle C; | ||
(2) owned, operated, managed, or otherwise controlled | ||
a motor carrier that the Federal Motor Carrier Safety | ||
Administration has placed out of service for unacceptable safety | ||
compliance; or | ||
(3) has unpaid administrative penalties assessed | ||
under this chapter or Subtitle E. | ||
SECTION 95. Section 643.059(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A motor carrier required to register under this | ||
subchapter must keep a legible electronic or hard copy of the cab | ||
card in the cab of each vehicle requiring registration the carrier | ||
operates. | ||
SECTION 96. Section 643.101(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Except as provided by this subsection and Section | ||
643.1015, the department by rule may set the amount of liability | ||
insurance required at an amount that does not exceed the amount | ||
required for a motor carrier under a federal regulation adopted | ||
under 49 U.S.C. Section 13906(a)(1). The department may determine | ||
the amount if no amount is required under federal law or regulation. | ||
In setting the amount the department shall consider: | ||
(1) the class and size of the vehicle; and | ||
(2) the persons or cargo being transported. | ||
SECTION 97. Section 643.103(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A motor carrier shall keep evidence of insurance in a | ||
form, including an electronic form, approved by the department in | ||
the cab of each vehicle requiring registration the carrier | ||
operates. | ||
SECTION 98. Section 643.153(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A motor carrier that is required to register under | ||
Subchapter B and that transports household goods shall file a | ||
tariff with the department that establishes maximum charges for all | ||
transportation services [ |
||
motor carrier may comply with this requirement by filing, in a | ||
manner determined by the department, a copy of the carrier's tariff | ||
governing interstate transportation services [ |
||
|
||
filed under this subsection available for public inspection [ |
||
|
||
SECTION 99. Section 643.252(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may suspend, revoke, or deny a | ||
registration issued under this chapter or place on probation a | ||
motor carrier whose registration is suspended if a motor carrier: | ||
(1) fails to maintain insurance or evidence of | ||
financial responsibility as required by Section 643.101(a), (b), or | ||
(c)[ |
||
(2) fails to keep evidence of insurance in the cab of | ||
each vehicle as required by Section 643.103(b); | ||
(3) fails to register a vehicle requiring | ||
registration; | ||
(4) violates any other provision of this chapter or | ||
Chapter 621, 622, or 623; | ||
(5) knowingly provides false information on any form | ||
filed with the department under this chapter or Chapter 621, 622, or | ||
623; [ |
||
(6) violates a rule or order adopted under this | ||
chapter or Chapter 621, 622, or 623; or | ||
(7) is owned, operated, managed, or otherwise | ||
controlled by or affiliated with a person, including a family | ||
member, corporate officer, entity, or shareholder: | ||
(A) whose registration has previously been | ||
revoked or denied; or | ||
(B) that has unpaid administrative penalties | ||
assessed under this chapter or Subtitle E. | ||
SECTION 100. Sections 643.2525(k) and (l), Transportation | ||
Code, are amended to read as follows: | ||
(k) If the motor carrier is required to pay a penalty or cost | ||
under Subsection (f), failure to pay the penalty or cost before the | ||
61st day after the date the requirement becomes final is a violation | ||
of this chapter and may result in an additional penalty, revocation | ||
or suspension of a motor carrier registration, or denial [ |
||
|
||
(l) A motor carrier that is required to pay a penalty, cost, | ||
fee, or expense under this section or Section 643.251 is not | ||
eligible for a registration, reregistration, [ |
||
registration renewal [ |
||
all required amounts have been paid to the department. | ||
SECTION 101. The heading to Section 643.2526, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 643.2526. APPEAL OF DENIAL OF REGISTRATION, RENEWAL, | ||
OR REREGISTRATION [ |
||
SECTION 102. Section 643.2526(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding any other law, a denial of an | ||
application for registration, renewal of registration, or | ||
reregistration [ |
||
is not required to be preceded by notice and an opportunity for | ||
hearing. | ||
SECTION 103. Section 643.253(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person fails to: | ||
(1) register as required by Subchapter B; | ||
(2) maintain insurance or evidence of financial | ||
responsibility as required by Subchapter C; or | ||
(3) keep a cab card in the cab of a vehicle as required | ||
by Section 643.059 or comply with an alternative method to the cab | ||
card established by the department under Section 643.059(e). | ||
SECTION 104. The heading to Chapter 645, Transportation | ||
Code, is amended to read as follows: | ||
CHAPTER 645. UNIFIED CARRIER [ |
||
SECTION 105. Section 645.001, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 645.001. FEDERAL UNIFIED [ |
||
REGISTRATION; DEFINITION. (a) In this chapter, "unified carrier | ||
registration plan and agreement" means the federal unified carrier | ||
registration plan and agreement provided by 49 U.S.C. Section | ||
14504a. | ||
(b) The Texas Department of Motor Vehicles may, to the | ||
fullest extent practicable, participate in [ |
||
|
||
and agreement [ |
||
|
||
SECTION 106. Section 645.002(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department may adopt rules regarding the method of | ||
payment of a fee required under the unified carrier registration | ||
plan and agreement [ |
||
(1) authorize the use of an escrow account described | ||
by Subsection (c), an electronic funds transfer, or a valid credit | ||
card issued by a financial institution chartered by a state or the | ||
United States or by a nationally recognized credit organization | ||
approved by the department; and | ||
(2) require the payment of a discount or service | ||
charge for a credit card payment in addition to the fee. | ||
SECTION 107. Section 645.003, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 645.003. ENFORCEMENT RULES. (a) The department may | ||
[ |
||
providing for administrative penalties [ |
||
failure to register or submit information and documents under [ |
||
|
||
[ |
||
the unified carrier registration plan and agreement [ |
||
|
||
|
||
(b) The notice, hearing, and other procedural requirements | ||
of Section 643.2525 apply to the imposition of an administrative | ||
penalty under this section as if the action were being taken under | ||
that section. | ||
(c) The amount of an administrative penalty imposed under | ||
this section is calculated in the same manner as the amount of an | ||
administrative penalty imposed under Section 643.251. | ||
SECTION 108. Sections 645.004(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person fails to: | ||
(1) [ |
||
[ |
||
carrier registration plan and agreement; or | ||
(2) submit information and documents as required by | ||
the unified carrier registration plan and agreement [ |
||
|
||
(c) Each day a violation [ |
||
offense under this section. | ||
SECTION 109. Section 646.001(2), Transportation Code, is | ||
amended to read as follows: | ||
(2) "Motor transportation broker" means a person who: | ||
(A) sells, offers for sale, provides, or | ||
negotiates for the transportation of cargo by a motor carrier | ||
registered under Chapter 643 that is operated by another person; or | ||
(B) aids or abets a person in performing an act | ||
described by Paragraph (A). | ||
SECTION 110. Section 646.002, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 646.002. EXCEPTION. This chapter does not apply to a | ||
motor transportation broker who: | ||
(1) is registered as a motor carrier under Chapter | ||
643; or | ||
(2) is registered as a motor carrier or broker under | ||
Chapter 139, [ |
||
United States Code. | ||
SECTION 111. Section 646.003(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The bond must be in an amount of at least $75,000 | ||
[ |
||
(1) executed by a bonding company authorized to do | ||
business in this state; | ||
(2) payable to this state or a person to whom the motor | ||
transportation broker provides services; and | ||
(3) conditioned on the performance of the contract for | ||
transportation services between the broker and the person for whom | ||
services are provided. | ||
SECTION 112. Section 1001.023(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The chair shall: | ||
(1) preside over board meetings, make rulings on | ||
motions and points of order, and determine the order of business; | ||
(2) represent the department in dealing with the | ||
governor; | ||
(3) report to the governor on the state of affairs of | ||
the department at least annually [ |
||
(4) report to the board the governor's suggestions for | ||
department operations; | ||
(5) report to the governor on efforts, including | ||
legislative requirements, to maximize the efficiency of department | ||
operations through the use of private enterprise; | ||
(6) periodically review the department's | ||
organizational structure and submit recommendations for structural | ||
changes to the governor, the board, and the Legislative Budget | ||
Board; | ||
(7) designate at least one employee of the department | ||
as a civil rights officer of the department and receive regular | ||
reports from the officer or officers on the department's efforts to | ||
comply with civil rights legislation and administrative rules; | ||
(8) create subcommittees, appoint board members to | ||
subcommittees, and receive the reports of subcommittees to the | ||
board as a whole; | ||
(9) appoint a member of the board to act in the absence | ||
of the chair and vice chair; and | ||
(10) serve as the departmental liaison with the | ||
governor and the Office of State-Federal Relations to maximize | ||
federal funding for transportation. | ||
SECTION 113. The following laws are repealed: | ||
(1) Sections 2301.005(d) and (e), Occupations Code; | ||
and | ||
(2) Sections 502.1585, 503.001(2), 504.202(i), | ||
621.203(c) and (d), 643.001(7-a), 643.064(a), and 645.002(a), | ||
Transportation Code. | ||
SECTION 114. (a) The changes in law made by this Act apply | ||
only to an offense or violation committed on or after the effective | ||
date of this Act. An offense or violation committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense or violation was committed before the effective date of | ||
this Act if any element of the offense or violation occurred before | ||
that date. | ||
(b) The changes in law made by this Act relating to a | ||
complaint or protest filed or a hearing held under Chapter 2301, | ||
Occupations Code, or Chapter 501, Transportation Code, apply only | ||
to a complaint or protest filed or hearing held under those chapters | ||
on or after the effective date of this Act. A complaint or protest | ||
filed or hearing held before that date is governed by the law as it | ||
existed immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
(c) The changes in law made by this Act relating to an | ||
application filed under Chapter 2301, Occupations Code, or Chapters | ||
501, 502, 503, 623, and 643, Transportation Code, apply only to an | ||
application filed under those chapters on or after the effective | ||
date of this Act. An application filed before that date is governed | ||
by the law in effect on the date the application was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 115. To the extent of any conflict, this Act | ||
prevails over another Act of the 84th Legislature, Regular Session, | ||
2015, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 116. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2015. | ||
(b) Sections 501.134(b) and (c), Transportation Code, as | ||
amended by this Act, take effect January 1, 2017. | ||
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