Texas 2009 - 81st Regular

Texas House Bill HB4516 Compare Versions

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Old	New	Differences
1	1	81R19403 BEF-D
2	2	By: Homer H.B. No. 4516
3	3	Substitute the following for H.B. No. 4516:
4	4	By: Oliveira C.S.H.B. No. 4516
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the taxation and titling of off-road vehicles.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 152.001, Tax Code, is amended by
12	12	amending Subdivision (3) and adding Subdivisions (20) and (21) to
13	13	read as follows:
14	14	(3) "Motor vehicle [Vehicle]" includes:
15	15	(A) a self-propelled vehicle designed to
16	16	transport persons or property on a public highway;
17	17	(B) a trailer and semitrailer, including a van,
18	18	flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
19	19	converter gear; [and]
20	20	(C) a house trailer as defined by Chapter 501,
21	21	Transportation Code; and
22	22	(D) an off-road vehicle that is not required to
23	23	be registered under Chapter 502, Transportation Code.
24	24	(20) "Off-road vehicle" means:
25	25	(A) an all-terrain vehicle, as defined by Section
26	26	502.001, Transportation Code;
27	27	(B) a recreational off-highway vehicle; or
28	28	(C) a motorcycle designed by the manufacturer for
29	29	off-highway use.
30	30	(21) "Recreational off-highway vehicle" means a
31	31	vehicle that is:
32	32	(A) equipped with a non-straddle seat for the use
33	33	of:
34	34	(i) the operator; and
35	35	(ii) a passenger, if the vehicle is
36	36	designed by the manufacturer to transport a passenger;
37	37	(B) designed to propel itself with four or more
38	38	tires in contact with the ground;
39	39	(C) designed by the manufacturer for off-highway
40	40	use by the operator only; and
41	41	(D) not designed by the manufacturer primarily
42	42	for farming or lawn care.
43	43	SECTION 2. Subchapter B, Chapter 501, Transportation Code,
44	44	is amended by adding Section 501.0225 to read as follows:
45	45	Sec. 501.0225. CERTIFICATE OF TITLE REQUIRED FOR OFF-ROAD
46	46	VEHICLE. A person who purchases, imports, or otherwise acquires an
47	47	off-road vehicle, as defined by Section 152.001, Tax Code, that is
48	48	not required to be registered under Chapter 502 may not operate or
49	49	permit the operation of the vehicle in this state, or sell or
50	50	dispose of the vehicle in this state, until the person obtains a
51	51	certificate of title for the vehicle.
52	52	SECTION 3. Section 501.0225, Transportation Code, as added
53	53	by this Act, applies only to a person who purchases, imports, or
54	54	otherwise acquires an off-road vehicle on or after the effective
55	55	date of this Act. A person who purchases, imports, or otherwise
56	56	acquires an off-road vehicle before the effective date of this Act
57	57	is governed by the law in effect immediately before the effective
58	58	date of this Act, and the former law is continued in effect for that
59	59	purpose.
60	60	SECTION 4. The change in law made by this Act does not
61	61	affect tax liability accruing before the effective date of this
62	62	Act. That liability continues in effect as if this Act had not been
63	63	enacted, and the former law is continued in effect for the
64	64	collection of taxes due and for civil and criminal enforcement of
65	65	the liability for those taxes.
66	66	SECTION 5. This Act takes effect September 1, 2009.