81R19403 BEF-D
By: Homer H.B. No. 4516
Substitute the following for H.B. No. 4516:
By: Oliveira C.S.H.B. No. 4516
A BILL TO BE ENTITLED
AN ACT
relating to the taxation and titling of off-road vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.001, Tax Code, is amended by
amending Subdivision (3) and adding Subdivisions (20) and (21) to
read as follows:
(3) "Motor vehicle [Vehicle]" includes:
(A) a self-propelled vehicle designed to
transport persons or property on a public highway;
(B) a trailer and semitrailer, including a van,
flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
converter gear; [and]
(C) a house trailer as defined by Chapter 501,
Transportation Code; and
(D) an off-road vehicle that is not required to
be registered under Chapter 502, Transportation Code.
(20) "Off-road vehicle" means:
(A) an all-terrain vehicle, as defined by Section
502.001, Transportation Code;
(B) a recreational off-highway vehicle; or
(C) a motorcycle designed by the manufacturer for
off-highway use.
(21) "Recreational off-highway vehicle" means a
vehicle that is:
(A) equipped with a non-straddle seat for the use
of:
(i) the operator; and
(ii) a passenger, if the vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with four or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use by the operator only; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
SECTION 2. Subchapter B, Chapter 501, Transportation Code,
is amended by adding Section 501.0225 to read as follows:
Sec. 501.0225. CERTIFICATE OF TITLE REQUIRED FOR OFF-ROAD
VEHICLE. A person who purchases, imports, or otherwise acquires an
off-road vehicle, as defined by Section 152.001, Tax Code, that is
not required to be registered under Chapter 502 may not operate or
permit the operation of the vehicle in this state, or sell or
dispose of the vehicle in this state, until the person obtains a
certificate of title for the vehicle.
SECTION 3. Section 501.0225, Transportation Code, as added
by this Act, applies only to a person who purchases, imports, or
otherwise acquires an off-road vehicle on or after the effective
date of this Act. A person who purchases, imports, or otherwise
acquires an off-road vehicle before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. The change in law made by this Act does not
affect tax liability accruing before the effective date of this
Act. That liability continues in effect as if this Act had not been
enacted, and the former law is continued in effect for the
collection of taxes due and for civil and criminal enforcement of
the liability for those taxes.
SECTION 5. This Act takes effect September 1, 2009.