Texas 2009 - 81st Regular

Texas House Bill HB2412 Compare Versions

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1	1	By: Howard of Fort Bend H.B. No. 2412
2	2	Substitute the following for H.B. No. 2412:
3	3	By: Pickett C.S.H.B. No. 2412
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the registration and compulsory inspection of certain
9	9	street rods and custom vehicles.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 501, Transportation Code,
12	12	is amended by adding Section 501.038 to read as follows:
13	13	Sec. 501.038. CERTIFICATE OF TITLE FOR CUSTOM VEHICLE OR
14	14	STREET ROD. (a) In this section, "custom vehicle" and "street rod"
15	15	have the meanings assigned by Section 504.502.
16	16	(b) Notwithstanding any other provision of this chapter, if
17	17	the department issues a certificate of title for a custom vehicle or
18	18	street rod, the model year of the vehicle must be listed on the
19	19	certificate of title and must be the model year that the body of the
20	20	vehicle resembles. The certificate of title must also include the
21	21	word "replica."
22	22	(c) The owner of the custom vehicle or street rod shall
23	23	provide the department with documentation identifying the model
24	24	year that the body of the vehicle resembles.
25	25	SECTION 2. Section 504.502, Transportation Code, is amended
26	26	by amending Subsections (a), (b), and (i) and adding Subsection
27	27	(f-1) and (f-2) to read as follows:
28	28	(a) The department shall issue specialty license plates for
29	29	a passenger car, truck, motorcycle, or former military vehicle
30	30	that:
31	31	(1) is at least 25 years old, if the vehicle is a
32	32	passenger car, truck, or motorcycle or is a street rod or custom
33	33	vehicle;
34	34	(2) is a collector's item;
35	35	(3) is used exclusively for exhibitions, club
36	36	activities, parades, and other functions of public interest and is
37	37	not used for regular transportation; and
38	38	(4) does not carry advertising.
39	39	(b) The license plates must include the words "Antique
40	40	Auto," "Antique Truck," "Antique Motorcycle," "Street Rod,"
41	41	"Custom Vehicle," or "Military Vehicle," as appropriate.
42	42	(f-1) Notwithstanding Chapter 547, a custom vehicle or
43	43	street rod eligible to receive license plates under this section is
44	44	not required to be equipped with a specific piece of equipment
45	45	unless the specific piece of equipment was required by statute as a
46	46	condition of sale during the year listed as the model year on the
47	47	certificate of title.
48	48	(f-2) Upon initial registration of a custom vehicle or
49	49	street rod, the owner must provide proof, acceptable to the
50	50	Department, that the custom vehicle or street rod passed a safety
51	51	inspection that has been approved by the Department. The department
52	52	shall create a safety inspection process for inspecting replica
53	53	custom vehicles or street rods.
54	54	(i) In this section:
55	55	(1) "Custom vehicle" means a vehicle:
56	56	(A) that is:
57	57	(i) at least 25 years old and of a model
58	58	year after 1948; or
59	59	(ii) manufactured to resemble a vehicle
60	60	that is at least 25 years old and of a model year after 1948; and
61	61	(B) that:
62	62	(i) has been altered from the
63	63	manufacturer's original design; or
64	64	(ii) has a body constructed from materials
65	65	not original to the vehicle.
66	66	(2) "Former[, "former] military vehicle" means a
67	67	vehicle, including a trailer, regardless of the vehicle's size,
68	68	weight, or year of manufacture, that:
69	69	(A) [(1)] was manufactured for use in any
70	70	country's military forces; and
71	71	(B) [(2)] is maintained to represent its
72	72	military design and markings accurately.
73	73	(3) "Street rod" means a vehicle:
74	74	(A) that was manufactured:
75	75	(i) before 1949; or
76	76	(ii) after 1948 to resemble a vehicle
77	77	manufactured before 1949; and
78	78	(B) that:
79	79	(i) has been altered from the
80	80	manufacturer's original design; or
81	81	(ii) has a body constructed from materials
82	82	not original to the vehicle.
83	83	SECTION 3. Section 548.052, Transportation Code, is amended
84	84	to read as follows:
85	85	Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
86	86	chapter does not apply to:
87	87	(1) a trailer, semitrailer, pole trailer, or mobile
88	88	home moving under or bearing a current factory-delivery license
89	89	plate or current in-transit license plate;
90	90	(2) a vehicle moving under or bearing a paper dealer
91	91	in-transit tag, machinery license, disaster license, parade
92	92	license, prorate tab, one-trip permit, antique license, custom
93	93	vehicle license, street rod license, temporary 24-hour permit, or
94	94	permit license;
95	95	(3) a trailer, semitrailer, pole trailer, or mobile
96	96	home having an actual gross weight or registered gross weight of
97	97	4,500 pounds or less;
98	98	(4) farm machinery, road-building equipment, a farm
99	99	trailer, or a vehicle required to display a slow-moving-vehicle
100	100	emblem under Section 547.703;
101	101	(5) a former military vehicle, as defined by Section
102	102	504.502(i) [502.275];
103	103	(6) a vehicle qualified for a tax exemption under
104	104	Section 152.092, Tax Code; or
105	105	(7) a vehicle for which a certificate of title has been
106	106	issued but that is not required to be registered.
107	107	SECTION 4. Section 504.502, Transportation Code, as amended
108	108	by this Act, applies only to a registration period beginning on or
109	109	after the effective date of this Act.
110	110	SECTION 5. This Act takes effect September 1, 2009.