Texas 2009 - 81st Regular

Texas Senate Bill SB1507 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Carona S.B. No. 1507
2	2	Substitute the following for S.B. No. 1507:
3	3	By: Phillips C.S.S.B. No. 1507
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to motor vehicles; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 501.002, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 501.002. DEFINITIONS. In this chapter:
13	13	(1) "Certificate of title" means a printed record of
14	14	title [an instrument] issued under Section 501.021.
15	15	(1-a) "Commercial fleet" means a group of at least 25
16	16	nonapportioned commercial motor vehicles owned by a corporation,
17	17	limited or general partnership, limited liability company, or other
18	18	business entity and used for the business purposes of that entity.
19	19	(2) "Credit card" means a card, plate, or similar
20	20	device used to make a purchase or to borrow money.
21	21	(3) "Dealer" has the meaning assigned by Section
22	22	503.001 [means a person who purchases motor vehicles for sale at
23	23	retail].
24	24	(4) "Debit card" means a card that enables the holder
25	25	to withdraw money or to have the cost of a purchase charged directly
26	26	to the holder's bank account.
27	27	(5) [(3)] "Department" means the Texas Department of
28	28	Transportation.
29	29	(6) [(4)] "Distributor" has the meaning assigned by
30	30	Chapter 2301, Occupations Code [means a person engaged in the
31	31	business of selling to a dealer motor vehicles purchased from a
32	32	manufacturer].
33	33	(7) [(5)] "First sale" means:
34	34	(A) the bargain, sale, transfer, or delivery of a
35	35	motor vehicle that has not been previously registered or titled
36	36	[licensed], with intent to pass an interest in the motor vehicle,
37	37	other than a lien, regardless of where the bargain, sale, transfer,
38	38	or delivery occurred; and
39	39	(B) the registration or titling [licensing] of
40	40	that vehicle.
41	41	[(6) "House trailer" means a trailer designed for
42	42	human habitation. The term does not include manufactured housing.
43	43	[(7) "Importer" means a person, other than a
44	44	manufacturer, that brings a used motor vehicle into this state for
45	45	sale in this state.]
46	46	(8) ["Importer's certificate" means a certificate for
47	47	a used motor vehicle brought into this state for sale in this state.
48	48	[(9)] "Lien" means:
49	49	(A) a lien provided for by the constitution or
50	50	statute in a motor vehicle;
51	51	(B) a security interest, as defined by Section
52	52	1.201, Business & Commerce Code, in a motor vehicle, other than an
53	53	absolute title, created by any written security agreement, as
54	54	defined by Section 9.102, Business & Commerce Code, including a
55	55	lease, conditional sales contract, deed of trust, chattel mortgage,
56	56	trust receipt, or reservation of title; or
57	57	(C) a child support lien under Chapter 157,
58	58	Family Code.
59	59	(9) [(10)] "Manufactured housing" has the meaning
60	60	assigned by Chapter 1201, Occupations Code.
61	61	(10) [(11)] "Manufacturer" has the meaning assigned
62	62	by Section 503.001 [means a person regularly engaged in the
63	63	business of manufacturing or assembling new motor vehicles].
64	64	(11) [(12) "Manufacturer's permanent vehicle
65	65	identification number" means the number affixed by the manufacturer
66	66	to a motor vehicle in a manner and place easily accessible for
67	67	physical examination and die-stamped or otherwise permanently
68	68	affixed on one or more removable parts of the vehicle.
69	69	[(13)] "Motorcycle" has the meaning assigned by
70	70	Section 541.201 [means a motor vehicle, other than a tractor,
71	71	designed to propel itself with not more than three wheels in contact
72	72	with the ground].
73	73	(12) [(14)] "Motor vehicle" means:
74	74	(A) any motor driven or propelled vehicle
75	75	required to be registered under the laws of this state;
76	76	(B) a trailer or semitrailer, other than
77	77	manufactured housing, that has a gross vehicle weight that exceeds
78	78	4,000 pounds;
79	79	(C) a travel [house] trailer;
80	80	(D) an all-terrain vehicle, as defined by Section
81	81	502.001, designed by the manufacturer for off-highway use that is
82	82	not required to be registered under the laws of this state; or
83	83	(E) a motorcycle, motor-driven cycle, or moped
84	84	that is not required to be registered under the laws of this state
85	85	[, other than a motorcycle, motor-driven cycle, or moped designed
86	86	for and used exclusively on a golf course].
87	87	(13) [(15)] "New motor vehicle" has the meaning
88	88	assigned by Chapter 2301, Occupations Code [means a motor vehicle
89	89	that has not been the subject of a first sale].
90	90	(14) [(16)] "Owner" includes a person, other than a
91	91	manufacturer, importer, distributor, or dealer, claiming title to
92	92	or having a right to operate under a lien a motor vehicle that has
93	93	been subject to a first sale.
94	94	(15) "Purchaser" means a person or entity, other than
95	95	a manufacturer, importer, distributor, or dealer, to which a motor
96	96	vehicle is donated, given, sold, or otherwise transferred.
97	97	(16) "Record of title" means an electronic record of
98	98	motor vehicle ownership in the department's motor vehicle database
99	99	that is created under Subchapter I.
100	100	(17) "Seller" means a person or entity that donates,
101	101	gives, sells, or otherwise transfers ownership of a motor vehicle.
102	102	(18) [(17)] "Semitrailer" means a vehicle that is
103	103	designed or used with a motor vehicle so that part of the weight of
104	104	the vehicle and its load rests on or is carried by another vehicle.
105	105	[(18) "Serial number" means a vehicle identification
106	106	number that is affixed to a part of a motor vehicle and that is:
107	107	[(A) the manufacturer's permanent vehicle
108	108	identification number;
109	109	[(B) a derivative number of the manufacturer's
110	110	permanent vehicle identification number;
111	111	[(C) the motor number; or
112	112	[(D) the vehicle identification number assigned
113	113	by the department.]
114	114	(19) "Steal" has the meaning assigned by Section
115	115	31.01, Penal Code.
116	116	(20) "Subsequent sale" means:
117	117	(A) the bargain, sale, transfer, or delivery of a
118	118	used motor vehicle [that has been previously registered or licensed
119	119	in this state or elsewhere], with intent to pass an interest in the
120	120	vehicle, other than a lien [, regardless of where the bargain, sale,
121	121	transfer, or delivery occurs]; and
122	122	(B) the registration of the vehicle if
123	123	registration is required under the laws of this state.
124	124	(21) "Title receipt" means a document [an instrument]
125	125	issued under Section 501.024.
126	126	(22) "Trailer" means a vehicle that:
127	127	(A) is designed or used to carry a load wholly on
128	128	the trailer's own structure; and
129	129	(B) is drawn or designed to be drawn by a motor
130	130	vehicle.
131	131	(23) "Travel trailer" means a house trailer-type
132	132	vehicle or a camper trailer:
133	133	(A) that is a recreational vehicle defined under
134	134	24 C.F.R. Section 3282.8(g); or
135	135	(B) that:
136	136	(i) is less than eight feet in width and 40
137	137	feet in length, exclusive of any hitch installed on the vehicle;
138	138	(ii) is designed primarily for use as
139	139	temporary living quarters in connection with recreational,
140	140	camping, travel, or seasonal use;
141	141	(iii) is not used as a permanent dwelling;
142	142	and
143	143	(iv) is not a utility trailer, enclosed
144	144	trailer, or other trailer that does not have human habitation as its
145	145	primary function.
146	146	(24) [(23)] "Used motor vehicle" means a motor vehicle
147	147	that has been the subject of a first sale.
148	148	(25) "Vehicle identification number" means:
149	149	(A) the manufacturer's permanent vehicle
150	150	identification number affixed by the manufacturer to the motor
151	151	vehicle that is easily accessible for physical examination and
152	152	permanently affixed on one or more removable parts of the vehicle;
153	153	or
154	154	(B) a serial number affixed to a part of a motor
155	155	vehicle that is:
156	156	(i) a derivative number of the
157	157	manufacturer's permanent vehicle identification number;
158	158	(ii) the motor number; or
159	159	(iii) a vehicle identification number
160	160	assigned by the department.
161	161	SECTION 2. The heading to Section 501.003, Transportation
162	162	Code, is amended to read as follows:
163	163	Sec. 501.003. PURPOSE [CONSTRUCTION].
164	164	SECTION 3. Section 501.004(a), Transportation Code, is
165	165	amended to read as follows:
166	166	(a) Except as provided by this section, this [This] chapter
167	167	applies to all motor vehicles, including a motor vehicle owned by
168	168	the state or a political subdivision of the state.
169	169	SECTION 4. Section 501.131, Transportation Code, is
170	170	transferred to Subchapter A, Chapter 501, Transportation Code,
171	171	renumbered as Section 501.0041, Transportation Code, and amended to
172	172	read as follows:
173	173	Sec. 501.0041 [501.131]. RULES; FORMS. (a) The
174	174	department may adopt rules to administer this chapter.
175	175	(b) The department shall post on the Internet or[:
176	176	[(1) in addition to the forms required by this
177	177	chapter, prescribe forms for a title receipt, manufacturer's
178	178	certificate, and importer's certificate, and other forms the
179	179	department determines necessary; and
180	180	[(2)] provide each county assessor-collector with a
181	181	sufficient supply of any necessary [the] forms.
182	182	SECTION 5. Section 501.159, Transportation Code, is
183	183	transferred to Subchapter A, Chapter 501, Transportation Code,
184	184	renumbered as Section 501.006, Transportation Code, and amended to
185	185	read as follows:
186	186	Sec. 501.006 [501.159]. ALIAS [CERTIFICATE OF] TITLE. On
187	187	receipt of a verified [written] request approved by the executive
188	188	administrator of a law enforcement agency, the department may issue
189	189	a [certificate of] title in the form requested by the executive
190	190	administrator for a vehicle in an alias for the law enforcement
191	191	agency's use in a covert criminal investigation.
192	192	SECTION 6. Section 501.021, Transportation Code, is amended
193	193	to read as follows:
194	194	Sec. 501.021. [CERTIFICATE OF] TITLE FOR MOTOR VEHICLE.
195	195	(a) A motor vehicle [certificate of] title [is an instrument]
196	196	issued by the department must include [that includes]:
197	197	(1) the name and address of each [the] purchaser and
198	198	seller at the first sale or [the transferee and transferor at] a
199	199	subsequent sale;
200	200	(2) the [make of the motor] vehicle description;
201	201	(3) the [body type of the vehicle;
202	202	[(4) the manufacturer's permanent vehicle
203	203	identification number of the vehicle or the vehicle's motor number
204	204	if the vehicle was manufactured before the date that stamping a
205	205	permanent identification number on a motor vehicle was universally
206	206	adopted;
207	207	[(5) the serial number for the vehicle;
208	208	[(6) the number on the vehicle's current Texas license
209	209	plates, if any;
210	210	[(7) a statement:
211	211	[(A) that no lien on the vehicle is recorded; or
212	212	[(B) of the] name and address of each lienholder
213	213	and the date of each lien on the vehicle, listed in the
214	214	chronological order in which the lien was recorded;
215	215	(4) [(8) a space for the signature of the owner of the
216	216	vehicle;
217	217	[(9)] a statement indicating rights of survivorship
218	218	under Section 501.031;
219	219	(5) [(10)] if the vehicle has an odometer, the
220	220	odometer reading [indicated by the application for the certificate
221	221	of title]; and
222	222	(6) [(11)] any other information required by the
223	223	department.
224	224	(b) A printed certificate of title must bear the following
225	225	statement on its face:
226	226	"UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF STATE LAW
227	227	TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF TITLE OR
228	228	OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF TITLE."
229	229	SECTION 7. Section 501.022, Transportation Code, is amended
230	230	to read as follows:
231	231	Sec. 501.022. MOTOR VEHICLE [CERTIFICATE OF] TITLE
232	232	REQUIRED. (a) The owner of a motor vehicle registered in this
233	233	state may not operate or permit the operation of the vehicle on a
234	234	public highway until the owner obtains a [certificate of] title for
235	235	the vehicle or until the owner obtains registration for the vehicle
236	236	if a receipt evidencing title to the vehicle is issued under Section
237	237	501.029(b) or Subchapter I.
238	238	(b) A person may not operate a motor vehicle registered in
239	239	this state on a public highway if the person knows or has reason to
240	240	believe that the owner has not obtained a [certificate of] title for
241	241	the vehicle.
242	242	(c) The owner of a motor vehicle that is required to be
243	243	registered in this state must apply for a [certificate of] title to
244	244	[of] the vehicle before selling or disposing of the vehicle.
245	245	(d) Subsection (c) does not apply to a motor vehicle
246	246	operated on a public highway in this state with a metal dealer's
247	247	license plate or a dealer's or buyer's temporary [cardboard] tag
248	248	attached to the vehicle as provided by Chapter 503.
249	249	SECTION 8. Section 501.023, Transportation Code, is amended
250	250	to read as follows:
251	251	Sec. 501.023. APPLICATION FOR [CERTIFICATE OF] TITLE.
252	252	(a) The owner of a motor vehicle must apply for a [certificate of]
253	253	title as prescribed by the department [:
254	254	[(1)] to the county assessor-collector in the county
255	255	in which:
256	256	(1) [(A)] the owner is domiciled; or
257	257	(2) [(B)] the motor vehicle is purchased or encumbered
258	258	[; and
259	259	[(2) on a form prescribed by the department].
260	260	(b) The assessor-collector shall send the application to
261	261	the department or enter it into the department's titling system
262	262	within 72 [not later than 24] hours after receipt of [receiving] the
263	263	application.
264	264	(c) The owner or a lessee of a commercial motor vehicle
265	265	operating under the International Registration Plan or other
266	266	agreement described by Section 502.091 [502.054] that is applying
267	267	for a [certificate of] title for purposes of registration only may
268	268	apply [must be made] directly to the department. Notwithstanding
269	269	Section 501.138(a), an applicant for registration under this
270	270	subsection shall pay [the department] the fee imposed by that
271	271	section. The [department shall send the] fee shall be distributed
272	272	to the appropriate county assessor-collector [for distribution] in
273	273	the manner provided by Section 501.138.
274	274	(d) Applications submitted to the department electronically
275	275	must request the purchaser's choice of county as stated in
276	276	Subsection (a) as the recipient of all taxes, fees, and other
277	277	revenue collected as a result of the transaction.
278	278	SECTION 9. (a) Effective September 1, 2009, Section
279	279	501.0234(b), Transportation Code, is amended to read as follows:
280	280	(b) This section does not apply to a motor vehicle:
281	281	(1) that has been declared a total loss by an insurance
282	282	company in the settlement or adjustment of a claim;
283	283	(2) for which the certificate of title has been
284	284	surrendered in exchange for:
285	285	(A) a salvage vehicle title issued under this
286	286	chapter;
287	287	(B) a nonrepairable vehicle title issued under
288	288	this chapter;
289	289	(C) a certificate of authority issued under
290	290	Subchapter D, Chapter 683; or
291	291	(D) an ownership document issued by another state
292	292	that is comparable to a document described by Paragraphs (A)-(C);
293	293	[or]
294	294	(3) with a gross weight in excess of 11,000 pounds; or
295	295	(4) purchased by a fleet buyer who is a full-service
296	296	deputy under Section 520.008 and utilizes the dealer title
297	297	application process developed to provide a method of submitting
298	298	title transactions to the county in which the fleet buyer is a
299	299	full-service deputy.
300	300	(b) Effective January 1, 2013, Sections 501.0234(a), (b),
301	301	(d), and (e), Transportation Code, are amended to read as follows:
302	302	(a) A person who sells at the first or a subsequent sale a
303	303	motor vehicle and who holds a general distinguishing number issued
304	304	under Chapter 503 of this code or Chapter 2301, Occupations Code,
305	305	shall:
306	306	(1) except as provided by this section, in the time and
307	307	manner provided by law, apply, in the name of the purchaser of the
308	308	vehicle, for the registration of the vehicle, if the vehicle is to
309	309	be registered, and a [certificate of] title for the vehicle and file
310	310	with the appropriate designated agent each document necessary to
311	311	transfer title to or register the vehicle; and at the same time
312	312	(2) remit any required motor vehicle sales tax.
313	313	(b) This section does not apply to a motor vehicle:
314	314	(1) that has been declared a total loss by an insurance
315	315	company in the settlement or adjustment of a claim;
316	316	(2) for which the [certificate of] title has been
317	317	surrendered in exchange for:
318	318	(A) a salvage vehicle title or salvage record of
319	319	title issued under this chapter;
320	320	(B) a nonrepairable vehicle title or
321	321	nonrepairable record of title issued under this chapter or
322	322	Subchapter D, Chapter 683;
323	323	[(C) a certificate of authority issued under
324	324	Subchapter D, Chapter 683;] or
325	325	(C) [(D)] an ownership document issued by
326	326	another state that is comparable to a document described by
327	327	Paragraph (A) or (B) [Paragraphs (A)-(C)]; [or]
328	328	(3) with a gross weight in excess of 11,000 pounds; or
329	329	(4) purchased by a fleet buyer who utilizes the dealer
330	330	title application process developed to provide a method to submit
331	331	title transactions to counties that have approved the persons as
332	332	full-service deputies under Section 502.114.
333	333	(d) A seller who applies for the registration or a
334	334	[certificate of] title for a motor vehicle under Subsection (a)(1)
335	335	shall apply in the county as directed by the purchaser from the
336	336	counties set forth in Section 501.023 [of this code].
337	337	(e) The department shall develop [promulgate] a form or
338	338	electronic process in [on] which the purchaser of a motor vehicle
339	339	shall designate the purchaser's choice as set out in Section
340	340	501.023 as the recipient of all taxes, fees, and other revenue
341	341	collected as a result of the transaction, which the tax
342	342	assessor-collector is authorized by law to retain. A seller shall
343	343	make that form or electronic process available to the purchaser of a
344	344	vehicle at the time of purchase.
345	345	SECTION 10. Section 501.0235, Transportation Code, is
346	346	amended to read as follows:
347	347	Sec. 501.0235. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
348	348	CERTIFICATE [SOCIAL SECURITY] NUMBER OF TITLE APPLICANT [:
349	349	AUTOMATED REGISTRATION AND TITLE SYSTEM]. (a) The department
350	350	shall require an applicant for a [certificate of] title to provide
351	351	the applicant's driver's license or personal identification
352	352	certificate [social security] number to the department.
353	353	(b) The [department or the county shall enter the
354	354	applicant's social security] number shall be entered in the
355	355	department's electronic titling system [database] but may not be
356	356	printed [print that number] on the [certificate of] title.
357	357	[(c) This section applies only in a county in which the
358	358	department's automated registration and title system has been
359	359	implemented.]
360	360	SECTION 11. Section 501.024, Transportation Code, is
361	361	amended to read as follows:
362	362	Sec. 501.024. TITLE RECEIPT. (a) A county
363	363	assessor-collector who receives an application for a [certificate
364	364	of] title shall issue a title receipt to the applicant containing
365	365	the information concerning the motor vehicle required for issuance
366	366	of a title under Section 501.021 or Subchapter I [,] after:
367	367	(1) the requirements of this chapter are met,
368	368	including the payment of the fees required under Section 501.138;
369	369	and
370	370	(2) the [, issue a title receipt on which is noted]
371	371	information is entered into the department's titling system
372	372	[concerning the motor vehicle required for the certificate of title
373	373	under Section 501.021, including a statement of the existence of
374	374	each lien as disclosed on the application or a statement that no
375	375	lien is disclosed].
376	376	(b) If a lien is not disclosed on the application for a
377	377	[certificate of] title, the assessor-collector shall issue a [mark
378	378	the] title receipt ["original" and deliver it] to the applicant.
379	379	(c) If a lien is disclosed on the application for a
380	380	[certificate of] title, the assessor-collector shall issue a
381	381	duplicate title receipt to the lienholder [receipts. The
382	382	assessor-collector shall:
383	383	[(1) mark one receipt "original" and mail or deliver
384	384	it to the first lienholder disclosed on the application; and
385	385	[(2) mark the second receipt "duplicate original" and
386	386	mail or deliver it to the address of the applicant provided on the
387	387	application].
388	388	(d) A title receipt authorizes the operation of the motor
389	389	vehicle on a public highway in this state for 10 days or until the
390	390	[certificate of] title is issued, whichever period is shorter.
391	391	SECTION 12. Section 501.025, Transportation Code, is
392	392	amended to read as follows:
393	393	Sec. 501.025. [TITLE RECEIPT REQUIRED ON FIRST SALE;]
394	394	MANUFACTURER'S CERTIFICATE REQUIRED ON FIRST SALE. A county
395	395	assessor-collector may not issue a title receipt on the first sale
396	396	of a motor vehicle unless the applicant for the [certificate of]
397	397	title provides [to the assessor-collector] the application for a
398	398	[certificate of] title and a manufacturer's certificate in [, on] a
399	399	manner [form] prescribed by the department [, that:
400	400	[(1) is assigned to the applicant by the manufacturer,
401	401	distributor, or dealer shown on the manufacturer's certificate as
402	402	the last transferee; and
403	403	[(2) shows the transfer of the vehicle from its
404	404	manufacturer to the purchaser, whether a distributor, dealer, or
405	405	owner, and each subsequent transfer from distributor to dealer,
406	406	dealer to dealer, and dealer to applicant].
407	407	SECTION 13. Section 501.027, Transportation Code, is
408	408	amended to read as follows:
409	409	Sec. 501.027. ISSUANCE OF [CERTIFICATE OF] TITLE. (a) On
410	410	the day that a county assessor-collector issues a title receipt, a
411	411	copy of the title receipt and all evidence of title [the
412	412	assessor-collector] shall be submitted [mail] to the department in
413	413	the period specified in Section 501.023(b) [:
414	414	[(1) a copy of the receipt; and
415	415	[(2) the evidence of title delivered to the
416	416	assessor-collector by the applicant].
417	417	(b) Not later than the fifth day after the date the
418	418	department receives an application for a [certificate of] title and
419	419	the department determines the requirements of this chapter are met:
420	420	(1) the [, the department shall issue the certificate
421	421	of] title shall be issued to the first lienholder or to the
422	422	applicant if [. If] a lien is not disclosed on the application; or
423	423	(2) [,] the department shall notify [send the
424	424	certificate by first class mail to] the applicant that the
425	425	department's titling system has established a record of title of
426	426	the motor vehicle in the applicant's name if a lien is not disclosed
427	427	[at the address provided on the application]. If a lien is
428	428	disclosed on the application, the department shall notify [send]
429	429	the [certificate by first class mail to the first] lienholder that
430	430	the lien has been perfected [as disclosed on the application].
431	431	SECTION 14. Section 501.0275, Transportation Code, is
432	432	amended to read as follows:
433	433	Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE.
434	434	(a) The department shall issue a [certificate of] title for a
435	435	motor vehicle that complies with the other requirements [for
436	436	issuance of a certificate of title] under this chapter except that:
437	437	(1) the vehicle is not registered for a reason other
438	438	than a reason provided by Section 501.051(a)(6) [501.051(6)]; and
439	439	(2) the applicant does not provide evidence of
440	440	financial responsibility that complies with Section 502.046
441	441	[502.153].
442	442	(b) On application for a [certificate of] title under this
443	443	section, the applicant must surrender any license plates issued for
444	444	the motor vehicle if the plates are not being transferred to another
445	445	vehicle and any registration insignia for validation of those
446	446	plates to the department.
447	447	SECTION 15. Section 501.0276, Transportation Code, is
448	448	amended to read as follows:
449	449	Sec. 501.0276. DENIAL OF TITLE RECEIPT, [OR CERTIFICATE OF]
450	450	TITLE, OR RECORD OF TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS
451	451	TESTING. A county assessor-collector may not issue a title receipt
452	452	and the department may not issue a certificate of title for a
453	453	vehicle subject to Section 548.3011 unless proof that the vehicle
454	454	has passed a vehicle emissions test as required by that section, in
455	455	a manner [form] authorized by that section, is presented to the
456	456	county assessor-collector with the application for a [certificate
457	457	of] title.
458	458	SECTION 16. Section 501.029, Transportation Code, is
459	459	amended to read as follows:
460	460	Sec. 501.029. ACCEPTABLE PROOF OF OWNERSHIP [USE OF
461	461	REGISTRATION RECEIPT OR TITLE RECEIPT TO EVIDENCE TITLE]. (a) A
462	462	person may use the department's record of title, a registration
463	463	receipt issued under Chapter 502, or a title receipt to evidence
464	464	ownership of [title to] a motor vehicle but [and] not to transfer an
465	465	interest in or establish a lien on the vehicle.
466	466	(b) The department by rule may provide for the issuance of a
467	467	receipt that evidences title to a motor vehicle for registration
468	468	purposes only. The fee for application for the receipt is the fee
469	469	applicable to application for a [certificate of] title.
470	470	SECTION 17. Sections 501.030(b), (d), (e), (f), and (g),
471	471	Transportation Code, are amended to read as follows:
472	472	(b) Before a motor vehicle that was not manufactured for
473	473	sale or distribution in the United States may be titled in this
474	474	state, the applicant must:
475	475	(1) provide to the assessor-collector:
476	476	(A) a bond release letter, with all attachments,
477	477	issued by the United States Department of Transportation
478	478	acknowledging:
479	479	(i) receipt of a statement of compliance
480	480	submitted by the importer of the vehicle; and
481	481	(ii) that the statement meets the safety
482	482	requirements of 19 C.F.R. Section 12.80(e);
483	483	(B) a bond release letter, with all attachments,
484	484	issued by the United States Environmental Protection Agency stating
485	485	that the vehicle has been tested and shown to conform to federal
486	486	emission requirements; and
487	487	(C) a receipt or certificate issued by the United
488	488	States Department of the Treasury showing that all gas guzzler
489	489	taxes due on the vehicle under 26 U.S.C. Section 4064(a) have been
490	490	paid; or
491	491	(2) provide to the assessor-collector proof,
492	492	satisfactory to the department, [assessor-collector] that the
493	493	vehicle was not brought into the United States from outside [of] the
494	494	country.
495	495	(d) If a motor vehicle has not been titled or registered in
496	496	the United States, the application for [certificate of] title must
497	497	be accompanied by:
498	498	(1) a manufacturer's certificate of origin written in
499	499	English issued by the vehicle manufacturer;
500	500	(2) the original documents that constitute valid proof
501	501	of ownership in the country where the vehicle was originally
502	502	purchased, with an English translation of the documents verified as
503	503	to the accuracy of the translation by an affidavit of the
504	504	translator; or
505	505	(3) if the vehicle was imported from a country that
506	506	cancels the vehicle registration and title for export, the
507	507	documents assigned to the vehicle after the registration and title
508	508	were canceled, with an English translation of the documents
509	509	verified as to the accuracy of the translation by an affidavit of
510	510	the translator.
511	511	(e) Before a motor vehicle that is required to be registered
512	512	in this state and that is brought into this state by a person other
513	513	than a manufacturer or importer may be bargained, sold,
514	514	transferred, or delivered with an intent to pass an interest in the
515	515	vehicle or encumbered by a lien, the owner must apply for a
516	516	[certificate of] title in [on] a manner [form] prescribed by the
517	517	department to the county assessor-collector for the county in which
518	518	the transaction is to take place. The assessor-collector may not
519	519	issue a title receipt unless the applicant delivers to the
520	520	assessor-collector satisfactory evidence [of title] showing that
521	521	the applicant is the owner of the vehicle and that the vehicle is
522	522	free of any undisclosed liens.
523	523	(f) A county assessor-collector may not be held liable for
524	524	civil damages arising out of the assessor-collector's failure to
525	525	reflect on the title receipt a lien or encumbrance on a motor
526	526	vehicle to which Subsection (e) applies unless the
527	527	[assessor-collector's] failure constitutes wilful or wanton
528	528	negligence.
529	529	(g) Until an applicant has complied with this section:
530	530	(1) a county assessor-collector may not accept an
531	531	application for [certificate of] title; and
532	532	(2) the applicant is not entitled to an appeal as
533	533	provided by Sections 501.052 and 501.053.
534	534	SECTION 18. Section 501.031, Transportation Code, is
535	535	amended to read as follows:
536	536	Sec. 501.031. RIGHTS OF SURVIVORSHIP AGREEMENT. (a) The
537	537	department shall include on each [certificate of] title an optional
538	538	[a] rights of survivorship agreement that [form. The form must]:
539	539	(1) provides [provide] that if the agreement is
540	540	between [signed by] two or more eligible persons, the motor vehicle
541	541	is held jointly by those persons with the interest of a person who
542	542	dies to transfer [survive] to the surviving person or persons; and
543	543	(2) provides [provide blanks] for the acknowledgment
544	544	by signature, either electronically or by hand, [signatures] of the
545	545	persons.
546	546	(b) If the vehicle is registered in the name of one or more
547	547	of the persons who acknowledged [signed] the agreement, the
548	548	[certificate of] title may contain a:
549	549	(1) rights of survivorship agreement acknowledged
550	550	[signed] by all the persons; or
551	551	(2) remark if a rights of survivorship agreement is
552	552	[surrendered with the application for certificate of title or
553	553	otherwise] on file with the department.
554	554	(c) Ownership [Except as provided in Subsection (g),
555	555	ownership] of the vehicle may be transferred only:
556	556	(1) by all the persons acting jointly, if all the
557	557	persons are alive; and
558	558	(2) on the death of one of the persons by the surviving
559	559	person or persons by transferring ownership of the vehicle [the
560	560	certificate of title], in the manner otherwise required by law [for
561	561	transfer of ownership of the vehicle], with a copy of the death
562	562	certificate of the deceased person [attached to the certificate of
563	563	title application].
564	564	(d) A rights of survivorship agreement under this section
565	565	may be revoked only if [by surrender of the certificate of title to
566	566	the department and joint application by] the persons named in [who
567	567	signed] the agreement file a joint application for a new title in
568	568	the name of the person or persons designated in the application.
569	569	(e) A person is eligible to file [sign] a rights of
570	570	survivorship agreement under this section if the person:
571	571	(1) is married and the spouse of the [signing] person
572	572	is the only other party to the agreement;
573	573	(2) is unmarried and attests to that unmarried status
574	574	by affidavit; or
575	575	(3) is married and provides the department with an
576	576	affidavit from the [signing] person's spouse that attests that the
577	577	[signing] person's interest in the vehicle is the [signing]
578	578	person's separate property.
579	579	(f) The department may develop an optional electronic [If
580	580	the title is being issued in connection with the sale of the
581	581	vehicle, the seller is not eligible to sign a] rights of
582	582	survivorship agreement for public use [under this section unless
583	583	the seller is the child, grandchild, parent, grandparent, brother,
584	584	or sister of each other person signing the agreement. A family
585	585	relationship required by this subsection may be a relationship
586	586	established by adoption.
587	587	[(g) If an agreement, other than the agreement provided for
588	588	in Subsection (a), providing for right of survivorship is signed by
589	589	two or more persons, the department shall issue a new certificate of
590	590	title to the surviving person or persons upon application
591	591	accompanied by a copy of the death certificate of the deceased
592	592	person. The department may develop for public use under this
593	593	subsection an optional rights of survivorship agreement form].
594	594	SECTION 19. Section 501.032, Transportation Code, is
595	595	amended to read as follows:
596	596	Sec. 501.032. ASSIGNMENT OF VEHICLE IDENTIFICATION
597	597	[SERIAL] NUMBER BY DEPARTMENT. (a) On proper application, the
598	598	department shall assign a vehicle identification [a serial] number
599	599	to a travel [house] trailer, a trailer or semitrailer that has a
600	600	gross vehicle weight that exceeds 4,000 pounds, or an item of
601	601	equipment, including a tractor, farm implement, unit of special
602	602	mobile equipment, or unit of off-road construction equipment on
603	603	which:
604	604	(1) a vehicle identification [a serial] number was not
605	605	die-stamped by the manufacturer; or
606	606	(2) a vehicle identification [the serial] number
607	607	die-stamped by the manufacturer has been lost, removed, or
608	608	obliterated.
609	609	(b) The applicant shall die-stamp the assigned vehicle
610	610	identification [serial] number at the place designated by the
611	611	department on the travel [house] trailer, trailer, semitrailer, or
612	612	equipment.
613	613	(c) The manufacturer's vehicle identification [serial]
614	614	number or the vehicle identification [serial] number assigned by
615	615	the department shall be affixed on the carriage or axle part of the
616	616	travel [house] trailer, trailer, or semitrailer. The department
617	617	shall use the number as the major identification of the vehicle in
618	618	the issuance of a [certificate of] title.
619	619	SECTION 20. Sections 501.033(a), (b), and (d),
620	620	Transportation Code, are amended to read as follows:
621	621	(a) A person determined by [the department or] a court to be
622	622	the owner of a motor vehicle, a part of a motor vehicle, or an item
623	623	of equipment including a tractor, farm implement, unit of special
624	624	mobile equipment, or unit of off-road construction equipment [that
625	625	has had the serial number removed, altered, or obliterated] may
626	626	apply to the department for an assigned vehicle identification
627	627	number that has been removed, altered, or obliterated.
628	628	(b) An application under this section must be in [on] a
629	629	manner [form] prescribed [and furnished] by the department and
630	630	accompanied by [the certificate of title for the vehicle or other]
631	631	valid evidence of ownership as required by the department [if there
632	632	is no certificate of title].
633	633	(d) The assigned vehicle identification number shall be
634	634	die-stamped or otherwise affixed [to the motor vehicle, part, or
635	635	item of equipment at the location and] in the manner designated by
636	636	the department.
637	637	SECTION 21. Section 520.011, Transportation Code, is
638	638	transferred to Subchapter B, Chapter 501, Transportation Code,
639	639	renumbered as Section 501.0331, Transportation Code, and amended to
640	640	read as follows:
641	641	Sec. 501.0331 [520.011]. MOTOR NUMBER REQUIRED FOR
642	642	[VEHICLE] REGISTRATION [; PENALTY]. [(a)] A person may not apply
643	643	to the county assessor-collector for the registration of a motor
644	644	vehicle from which the original motor number has been removed,
645	645	erased, or destroyed until the motor vehicle bears the motor number
646	646	assigned by the department.
647	647	[(b) A person commits an offense if the person violates this
648	648	section. An offense under this subsection is a misdemeanor
649	649	punishable by a fine of not less than $50 and not more than $100.]
650	650	SECTION 22. Section 520.012, Transportation Code, is
651	651	transferred to Subchapter B, Chapter 501, Transportation Code,
652	652	renumbered as Section 501.0332, Transportation Code, and amended to
653	653	read as follows:
654	654	Sec. 501.0332 [520.012]. APPLICATION FOR MOTOR NUMBER
655	655	RECORD[; RECORD; PENALTY]. (a) To obtain a motor number assigned
656	656	by the department, the owner of a motor vehicle that has had the
657	657	original motor number removed, erased, or destroyed must file a
658	658	sworn application with the department.
659	659	(b) The department shall maintain a record of [separate
660	660	register for recording] each motor number assigned by the
661	661	department that includes [. For each motor number assigned by the
662	662	department, the record must indicate]:
663	663	(1) the motor number assigned by the department;
664	664	(2) the name and address of the owner of the motor
665	665	vehicle; and
666	666	(3) the make, model, and year of manufacture of the
667	667	motor vehicle.
668	668	[(c) A person who fails to comply with this section commits
669	669	an offense. An offense under this subsection is a misdemeanor
670	670	punishable by a fine of not less than $10 and not more than $100.]
671	671	SECTION 23. Section 501.034, Transportation Code, is
672	672	amended to read as follows:
673	673	Sec. 501.034. ISSUANCE OF TITLE TO GOVERNMENT AGENCY. The
674	674	department may issue a [certificate of] title to a government
675	675	agency if a vehicle or part of a vehicle is:
676	676	(1) forfeited to the government agency;
677	677	(2) delivered by court order under the Code of
678	678	Criminal Procedure to a government agency for official purposes; or
679	679	(3) sold as abandoned or unclaimed property under the
680	680	Code of Criminal Procedure.
681	681	SECTION 24. Section 501.035, Transportation Code, is
682	682	amended to read as follows:
683	683	Sec. 501.035. [CERTIFICATE OF] TITLE FOR FORMER MILITARY
684	684	VEHICLE. (a) Notwithstanding any other law, the department may
685	685	[shall] issue a [certificate of] title for a former military
686	686	vehicle [that is not registered under the laws of this state] if all
687	687	[other] requirements for issuance of a [certificate of] title are
688	688	met.
689	689	(b) In this section, "former military vehicle" has the
690	690	meaning assigned by Section 504.502 [502.275(o)].
691	691	SECTION 25. Section 501.036, Transportation Code, is
692	692	amended to read as follows:
693	693	Sec. 501.036. [CERTIFICATE OF] TITLE FOR FARM SEMITRAILER.
694	694	(a) Notwithstanding any other provision of this chapter, the
695	695	department may issue a [certificate of] title for a farm
696	696	semitrailer with a gross weight of more than 4,000 pounds if:
697	697	(1) the farm semitrailer is eligible for registration
698	698	under Section 502.146 [504.504]; and
699	699	(2) all other requirements for issuance of a
700	700	[certificate of] title are met.
701	701	(b) To obtain a [certificate of] title under this section,
702	702	the owner of the farm semitrailer must:
703	703	(1) apply for the [certificate of] title in the manner
704	704	required by Section 501.023; and
705	705	(2) pay the fee required by Section 501.138.
706	706	(c) The department shall adopt rules [and forms] to
707	707	implement and administer this section.
708	708	SECTION 26. Section 501.051, Transportation Code, is
709	709	amended to read as follows:
710	710	Sec. 501.051. GROUNDS FOR REFUSAL TO ISSUE OR FOR
711	711	REVOCATION OR SUSPENSION OF TITLE [CERTIFICATE]. (a) A title may
712	712	be refused, canceled, suspended, or revoked by the [The] department
713	713	[shall refuse to issue a certificate of title or shall suspend or
714	714	revoke a certificate of title] if:
715	715	(1) the application [for the certificate] contains a
716	716	false or fraudulent statement;
717	717	(2) the applicant failed to furnish required
718	718	information requested by the department;
719	719	(3) the applicant is not entitled to a [certificate
720	720	of] title;
721	721	(4) the department has reason to believe that the
722	722	motor vehicle is stolen;
723	723	(5) the department has reason to believe that the
724	724	issuance of a [certificate of] title would defraud the owner or a
725	725	lienholder of the motor vehicle;
726	726	(6) the registration for the motor vehicle is
727	727	suspended or revoked; or
728	728	(7) the required fee has not been paid.
729	729	(b) The department may rescind, cancel, or revoke an
730	730	application for a title if a notarized affidavit is presented to the
731	731	department containing:
732	732	(1) a statement that the vehicle involved was a new
733	733	motor vehicle in the process of a first sale;
734	734	(2) a statement that the dealer, the applicant, and
735	735	any lienholder have canceled the sale;
736	736	(3) a statement that the vehicle:
737	737	(A) was never in the possession of the title
738	738	applicant; or
739	739	(B) was in the possession of the title applicant;
740	740	and
741	741	(4) the signatures of the dealer, the applicant, and
742	742	any lienholder.
743	743	(c) A rescission, cancellation, or revocation containing
744	744	the statement authorized under Subsection (b)(3)(B) does not negate
745	745	the fact that the vehicle has been the subject of a previous retail
746	746	sale.
747	747	SECTION 27. The heading to Section 501.052, Transportation
748	748	Code, is amended to read as follows:
749	749	Sec. 501.052. HEARING ON REFUSAL TO ISSUE OR REVOCATION OR
750	750	SUSPENSION OF [CERTIFICATE OF] TITLE; APPEAL.
751	751	SECTION 28. Sections 501.052(a), (d), and (e),
752	752	Transportation Code, are amended to read as follows:
753	753	(a) An interested person aggrieved by a refusal,
754	754	rescission, cancellation, suspension, or revocation under Section
755	755	501.051 may apply for a hearing to the county assessor-collector
756	756	for the county in which the person is a resident [domiciled]. On
757	757	the day an assessor-collector receives the application, the
758	758	assessor-collector shall notify the department of the date of the
759	759	hearing.
760	760	(d) A determination of the assessor-collector is binding on
761	761	the applicant and the department as to whether the department
762	762	correctly refused to issue or correctly rescinded, canceled,
763	763	revoked, or suspended the [certificate of] title.
764	764	(e) An applicant aggrieved by the determination under
765	765	Subsection (d) may appeal to the county court of the county of the
766	766	applicant's residence. An applicant must file an appeal not later
767	767	than the fifth day after the date of the assessor-collector's
768	768	determination. The county court judge shall try the appeal in the
769	769	manner of other civil cases. All rights and immunities granted in
770	770	the trial of a civil case are available to the interested parties.
771	771	If the department's action is not sustained, the department shall
772	772	promptly issue a [certificate of] title for the vehicle.
773	773	SECTION 29. Section 501.053, Transportation Code, is
774	774	amended by amending Subsections (a), (b), and (d) and adding
775	775	Subsection (e) to read as follows:
776	776	(a) As an alternative to the procedure provided by Section
777	777	501.052, the person may file a bond with the department. On the
778	778	filing of the bond the person [department] may obtain a [issue the
779	779	certificate of] title.
780	780	(b) The bond must be:
781	781	(1) in the manner [form] prescribed by the department;
782	782	(2) executed by the applicant;
783	783	(3) issued by a person authorized to conduct a surety
784	784	business in this state;
785	785	(4) in an amount equal to one and one-half times the
786	786	value of the vehicle as determined by the department, which may set
787	787	the value by appraisal if it is unable to determine that value; and
788	788	(5) conditioned to indemnify all prior owners and
789	789	lienholders and all subsequent purchasers of the vehicle or persons
790	790	who acquire a security interest in the vehicle, and their
791	791	successors in interest, against any expense, loss, or damage,
792	792	including reasonable attorney's fees, occurring because of the
793	793	issuance of the [certificate of] title for the vehicle or for a
794	794	defect in or undisclosed security interest on the right, title, or
795	795	interest of the applicant to the vehicle.
796	796	(d) A bond under this section expires on the third
797	797	anniversary of the date the bond became effective. [The department
798	798	shall return an expired bond to the person who filed the bond unless
799	799	the department has been notified of a pending action to recover on
800	800	the bond.]
801	801	(e) The department by rule may establish a fee to cover the
802	802	cost of administering this section.
803	803	SECTION 30. Section 501.071, Transportation Code, is
804	804	amended to read as follows:
805	805	Sec. 501.071. SALE OF VEHICLE; TRANSFER OF TITLE. (a)
806	806	Except as provided in Section 503.039, a motor vehicle may not be
807	807	the subject of a subsequent sale unless the owner designated on [in]
808	808	the [certificate of] title submits a transfer of ownership of
809	809	[transfers] the [certificate of] title [at the time of the sale].
810	810	(b) The transfer of the [certificate of] title must be in
811	811	[on] a manner [form] prescribed by the department that [includes a
812	812	statement that]:
813	813	(1) certifies the purchaser [signer] is the owner of
814	814	the vehicle; and
815	815	(2) certifies there are no liens on the vehicle or
816	816	provides a release of each lien [except as shown] on the vehicle
817	817	[certificate of title or as fully described in the statement].
818	818	SECTION 31. Section 501.072, Transportation Code, is
819	819	amended to read as follows:
820	820	Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except
821	821	as provided by Subsection (b) [(c)], the seller of a motor vehicle
822	822	sold in this state shall provide to the buyer, in [on] a manner
823	823	[form] prescribed by the department, a [written] disclosure of the
824	824	vehicle's odometer reading at the time of the sale that complies
825	825	with federal law. [The form must include space for the signature
826	826	and printed name of both the seller and buyer.]
827	827	(b) [When application for a certificate of title is made,
828	828	the owner shall record the current odometer reading on the
829	829	application. The written disclosure required by Subsection (a)
830	830	must accompany the application.
831	831	[(c)] An odometer disclosure statement is not required for
832	832	the sale of a motor vehicle that:
833	833	(1) has a gross vehicle weight rating [manufacturer's
834	834	rated carrying capacity] of more than 18,000 pounds [two tons];
835	835	(2) is not self-propelled;
836	836	(3) is 10 or more years old;
837	837	(4) is sold directly by the manufacturer to an agency
838	838	of the United States government in conformity with contractual
839	839	specifications; or
840	840	(5) is a new motor vehicle.
841	841	SECTION 32. Section 520.022, Transportation Code, is
842	842	transferred to Subchapter D, Chapter 501, Transportation Code,
843	843	renumbered as Section 501.0721, Transportation Code, and amended to
844	844	read as follows:
845	845	Sec. 501.0721 [520.022]. DELIVERY OF RECEIPT AND TITLE TO
846	846	PURCHASER [TRANSFEREE; PENALTY]. [(a)] A person, whether acting
847	847	for that person or another, who sells, trades, or otherwise
848	848	transfers a used motor vehicle shall deliver to the purchaser
849	849	[transferee] at the time of delivery of the vehicle [:
850	850	[(1) the license receipt issued by the department for
851	851	registration of the vehicle, if the vehicle was required to be
852	852	registered at the time of the delivery; and
853	853	[(2)] a properly assigned [certificate of] title or
854	854	other evidence of title as required under this chapter [Chapter
855	855	501].
856	856	[(b) A person commits an offense if the person violates this
857	857	section. An offense under this subsection is a misdemeanor
858	858	punishable by a fine not to exceed $200.]
859	859	SECTION 33. Sections 501.074(a), (b), and (c),
860	860	Transportation Code, are amended to read as follows:
861	861	(a) The department shall issue a new [certificate of] title
862	862	for a motor vehicle registered in this state for which the ownership
863	863	is transferred by operation of law [, including by inheritance,
864	864	devise or bequest, bankruptcy, receivership, judicial sale,] or
865	865	other involuntary divestiture of ownership after receiving:
866	866	(1) a certified copy of an [the] order appointing a
867	867	temporary administrator or of the probate proceedings;
868	868	(2) letters testamentary or letters of
869	869	administration;
870	870	(3) if administration of an estate is not necessary,
871	871	an affidavit showing that administration is not necessary,
872	872	identifying all heirs, and including a statement by the heirs of the
873	873	name in which the certificate shall be issued;
874	874	(4) a court order; or
875	875	(5) the bill of sale from an officer making a judicial
876	876	sale.
877	877	(b) If a lien is foreclosed by nonjudicial means, the
878	878	department may issue a new [certificate of] title in the name of the
879	879	purchaser at the foreclosure sale on receiving the affidavit of the
880	880	lienholder of the fact of the nonjudicial foreclosure.
881	881	(c) If a constitutional or statutory lien is foreclosed, the
882	882	department may issue a new [certificate of] title in the name of the
883	883	purchaser at the foreclosure sale on receiving:
884	884	(1) the affidavit of the lienholder of the fact of the
885	885	creation of the lien and of the divestiture of title according to
886	886	law; and
887	887	(2) proof of notice as required by Sections 70.004 and
888	888	70.006, Property Code.
889	889	SECTION 34. Section 501.091, Transportation Code, is
890	890	amended by amending Subdivisions (2), (3), (6), (7), (8), (9),
891	891	(10), (11), (12), (14), (15), (16), (17), (18), and (19) and adding
892	892	Subdivisions (10-a) and (16-a) to read as follows:
893	893	(2) "Casual sale" means the sale by a salvage vehicle
894	894	dealer or an insurance company of five or fewer [not more than five]
895	895	nonrepairable motor vehicles or salvage motor vehicles to the same
896	896	person during a calendar year, but [. The term] does not include[:
897	897	[(A)] a sale at auction to a salvage vehicle
898	898	dealer, insurance company, or governmental entity [; or
899	899	[(B) the sale of an export-only motor vehicle to a
900	900	person who is not a resident of the United States].
901	901	(3) "Damage" means sudden damage to a motor vehicle
902	902	caused by the motor vehicle being wrecked, burned, flooded, or
903	903	stripped of major component parts. The term does not include:
904	904	(A) gradual damage from any cause;
905	905	(B) [,] sudden damage caused by hail;
906	906	(C) [, or] any damage caused only to the exterior
907	907	paint of the motor vehicle; or
908	908	(D) theft, unless the motor vehicle was damaged
909	909	during the theft and before recovery.
910	910	(6) "Major component part" means one of the following
911	911	parts of a motor vehicle:
912	912	(A) the engine;
913	913	(B) the transmission;
914	914	(C) the frame;
915	915	(D) a fender;
916	916	(E) the hood;
917	917	(F) a door allowing entrance to or egress from
918	918	the passenger compartment of the motor vehicle;
919	919	(G) a bumper;
920	920	(H) a quarter panel;
921	921	(I) a deck lid, tailgate, or hatchback;
922	922	(J) the cargo box of a vehicle with a gross
923	923	vehicle weight of 10,000 pounds or less [one-ton or smaller truck],
924	924	including a pickup truck;
925	925	(K) the cab of a truck;
926	926	(L) the body of a passenger motor vehicle;
927	927	(M) the roof or floor pan of a passenger motor
928	928	vehicle, if separate from the body of the motor vehicle.
929	929	(7) "Metal recycler" means a person who:
930	930	(A) is [predominately] engaged in the business of
931	931	obtaining, converting, or selling ferrous or nonferrous metal [that
932	932	has served its original economic purpose to convert the metal, or
933	933	sell the metal] for conversion[,] into raw material products
934	934	consisting of prepared grades and having an existing or potential
935	935	economic value;
936	936	(B) has a facility to convert ferrous or
937	937	nonferrous metal into raw material products [consisting of prepared
938	938	grades and having an existing or potential economic value,] by
939	939	method other than the exclusive use of hand tools, including the
940	940	processing, sorting, cutting, classifying, cleaning, baling,
941	941	wrapping, shredding, shearing, or changing the physical form or
942	942	chemical content of the metal; and
943	943	(C) sells or purchases the ferrous or nonferrous
944	944	metal solely for use as raw material in the production of new
945	945	products.
946	946	(8) "Motor vehicle" has the meaning assigned by
947	947	Section 501.002 [501.002(14)].
948	948	(9) "Nonrepairable motor vehicle" means a motor
949	949	vehicle that:
950	950	(A) is damaged, wrecked, or burned to the extent
951	951	that the only residual value of the vehicle is as a source of parts
952	952	or scrap metal; or
953	953	(B) comes into this state under a comparable
954	954	[title or other] ownership document that indicates that the vehicle
955	955	is nonrepairable [, junked, or for parts or dismantling only].
956	956	(10) "Nonrepairable vehicle title" means a printed
957	957	document issued by the department that evidences ownership of a
958	958	nonrepairable motor vehicle.
959	959	(10-a) "Nonrepairable record of title" means an
960	960	electronic record of ownership of a nonrepairable motor vehicle.
961	961	(11) "Out-of-state buyer" means a person licensed in
962	962	an automotive business by another state or jurisdiction who is [if
963	963	the department has listed the holders of such a license as permitted
964	964	purchasers of salvage motor vehicles or nonrepairable motor
965	965	vehicles based on substantially similar licensing requirements and
966	966	on whether salvage vehicle dealers licensed in Texas are] permitted
967	967	to purchase salvage motor vehicles or nonrepairable motor vehicles
968	968	in this state because the other state or jurisdiction allows
969	969	salvage dealers licensed in this state to purchase vehicles in that
970	970	state.
971	971	(12) "Out-of-state ownership document" means a
972	972	negotiable document issued by another state or jurisdiction that
973	973	the department considers sufficient to prove ownership of a
974	974	nonrepairable motor vehicle or salvage motor vehicle and to support
975	975	the issuance of a comparable Texas [certificate of] title for the
976	976	motor vehicle. The term does not include any [a] title or
977	977	certificate issued by the department [, including a regular
978	978	certificate of title, a nonrepairable vehicle title, a salvage
979	979	vehicle title, a Texas Salvage Certificate, Certificate of
980	980	Authority to Demolish a Motor Vehicle, or another ownership
981	981	document issued by the department].
982	982	(14) "Rebuilder" means a person who acquires and
983	983	repairs, rebuilds, or reconstructs salvage motor vehicles for
984	984	operation on a public highway[, three or more salvage motor
985	985	vehicles in a calendar year].
986	986	(15) "Salvage motor vehicle" [:
987	987	[(A)] means a motor vehicle that:
988	988	(A) [(i)] has damage to or is missing a major
989	989	component part to the extent that the cost of repairs, including
990	990	parts and labor other than the cost of materials and labor for
991	991	repainting the motor vehicle and excluding sales tax on the total
992	992	cost of repairs, exceeds the actual cash value of the motor vehicle
993	993	immediately before the damage; or
994	994	(B) [(ii) is damaged and that] comes into this
995	995	state under an out-of-state salvage motor vehicle [certificate of]
996	996	title or similar out-of-state ownership document [that states on
997	997	its face "accident damage," "flood damage," "inoperable,"
998	998	"rebuildable," "salvageable," or similar notation; and
999	999	[(B) does not include an out-of-state motor
1000	1000	vehicle with a "rebuilt," "prior salvage," "salvaged," or similar
1001	1001	notation, a nonrepairable motor vehicle, or a motor vehicle for
1002	1002	which an insurance company has paid a claim for:
1003	1003	[(i) the cost of repairing hail damage; or
1004	1004	[(ii) theft, unless the motor vehicle was
1005	1005	damaged during the theft and before recovery to the extent
1006	1006	described by Paragraph (A)(i)].
1007	1007	(16) "Salvage vehicle title" means a printed document
1008	1008	issued by the department that evidences ownership of a salvage
1009	1009	motor vehicle.
1010	1010	(16-a) "Salvage record of title" means an electronic
1011	1011	record of ownership of a salvage motor vehicle.
1012	1012	(17) "Salvage vehicle dealer" means a person engaged
1013	1013	in this state in the business of acquiring, selling, dismantling,
1014	1014	repairing, rebuilding, reconstructing, or otherwise dealing in
1015	1015	nonrepairable motor vehicles, salvage motor vehicles, or used parts
1016	1016	regardless of whether the person holds a license issued by the
1017	1017	department to engage in that business. [The term does not include a
1018	1018	person who casually repairs, rebuilds, or reconstructs fewer than
1019	1019	three salvage motor vehicles in the same calendar year.] The term
1020	1020	includes a buyer licensed in another state but does not include an
1021	1021	unlicensed [a] person who casually [engaged in the business of]:
1022	1022	(A) repairs, rebuilds, or reconstructs five or
1023	1023	fewer salvage motor vehicles or nonrepairable motor vehicles in the
1024	1024	same calendar year [a salvage vehicle dealer, regardless of whether
1025	1025	the person holds a license issued by the department to engage in
1026	1026	that business]; or
1027	1027	(B) buys five or fewer [dealing in] nonrepairable
1028	1028	motor vehicles or salvage motor vehicles in the same calendar year
1029	1029	[, regardless of whether the person deals in used parts; or
1030	1030	[(C) dealing in used parts regardless of whether
1031	1031	the person deals in nonrepairable motor vehicles or salvage motor
1032	1032	vehicles].
1033	1033	(18) "Self-insured motor vehicle" means a motor
1034	1034	vehicle for which the [evidence of ownership is a manufacturer's
1035	1035	certificate of origin or for which the department or another state
1036	1036	or jurisdiction has issued a regular certificate of title, is
1037	1037	self-insured by the] owner [, and is owned by an individual, a
1038	1038	business,] or a governmental entity assumes full financial
1039	1039	responsibility for motor vehicle loss claims[,] without regard to
1040	1040	the number of motor vehicles they own or operate. The term does not
1041	1041	include a motor vehicle that is insured by an insurance company.
1042	1042	(19) "Used part" means a part that is salvaged,
1043	1043	dismantled, or removed from a motor vehicle for resale as is or as
1044	1044	repaired. The term includes a major component part but does not
1045	1045	include a rebuildable or rebuilt core [, including an engine,
1046	1046	block, crankshaft, transmission, or other core part that is
1047	1047	acquired, possessed, or transferred in the ordinary course of
1048	1048	business].
1049	1049	SECTION 35. Section 501.098, Transportation Code, is
1050	1050	renumbered as Section 501.09111, Transportation Code, and amended
1051	1051	to read as follows:
1052	1052	Sec. 501.09111 [501.098]. RIGHTS AND LIMITATIONS OF
1053	1053	[HOLDER OF] NONREPAIRABLE VEHICLE TITLE, NONREPAIRABLE RECORD OF
1054	1054	TITLE, [OR] SALVAGE VEHICLE TITLE, OR SALVAGE RECORD OF TITLE. (a)
1055	1055	A person who owns [holds] a nonrepairable [vehicle title for a]
1056	1056	motor vehicle:
1057	1057	(1) is entitled to possess, transport, dismantle,
1058	1058	scrap, destroy, record a lien as provided for in Section
1059	1059	501.097(a)(3)(A), and sell, transfer, or release ownership of the
1060	1060	motor vehicle or a used part from the motor vehicle; and
1061	1061	(2) may not:
1062	1062	(A) operate or permit the operation of the motor
1063	1063	vehicle on a public highway, in addition to any other requirement of
1064	1064	law;
1065	1065	(B) repair, rebuild, or reconstruct the motor
1066	1066	vehicle; or
1067	1067	(C) register the motor vehicle.
1068	1068	(b) A person who holds a nonrepairable certificate of title
1069	1069	issued prior to September 1, 2003,[:
1070	1070	[(1)] is entitled to the same rights listed in
1071	1071	Subsection (a) and may [:
1072	1072	[(A)] repair, rebuild, or reconstruct the motor
1073	1073	vehicle [;
1074	1074	[(B) possess, transport, dismantle, scrap, or
1075	1075	destroy the motor vehicle; and
1076	1076	[(C) sell, transfer, or release ownership of the
1077	1077	vehicle or a used part from the motor vehicle; and
1078	1078	[(2) may not:
1079	1079	[(A) operate or permit the operation of the motor
1080	1080	vehicle on a public highway, in addition to any other requirement of
1081	1081	law; or
1082	1082	[(B) register the motor vehicle].
1083	1083	(c) A person who owns [holds] a salvage [vehicle title for
1084	1084	a] motor vehicle:
1085	1085	(1) is entitled to possess, transport, dismantle,
1086	1086	scrap, destroy, repair, rebuild, reconstruct, record a lien on, and
1087	1087	sell, transfer, or release ownership of the motor vehicle or a used
1088	1088	part from the motor vehicle; and
1089	1089	(2) may not operate, register, or permit the operation
1090	1090	of the motor vehicle on a public highway, in addition to any other
1091	1091	requirement of law.
1092	1092	SECTION 36. Section 501.103, Transportation Code, is
1093	1093	renumbered as Section 501.09112, Transportation Code, and amended
1094	1094	to read as follows:
1095	1095	Sec. 501.09112 [501.103]. APPEARANCE [COLOR] OF
1096	1096	NONREPAIRABLE VEHICLE TITLE OR SALVAGE VEHICLE TITLE. (a) The
1097	1097	department's printed [department shall print a] nonrepairable
1098	1098	vehicle title:
1099	1099	(1) must [in a color that distinguishes it from a
1100	1100	regular certificate of title or salvage vehicle title; and
1101	1101	[(2) so that it] clearly indicate [shows] that it is
1102	1102	the negotiable ownership document for a nonrepairable motor
1103	1103	vehicle;
1104	1104	(2) [.
1105	1105	[(b) A nonrepairable vehicle title must state on its face
1106	1106	that the motor vehicle:
1107	1107	[(1)] may not be:
1108	1108	(A) issued a regular [certificate of] title;
1109	1109	(B) registered in this state; or
1110	1110	(C) repaired, rebuilt, or reconstructed; and
1111	1111	(3) [(2)] may be used only as a source for used parts
1112	1112	or scrap metal.
1113	1113	(b) [(c)] The department's printed [department shall print
1114	1114	a] salvage vehicle title must [:
1115	1115	[(A) in a color that distinguishes it from a
1116	1116	regular certificate of title or nonrepairable vehicle title; and
1117	1117	[(B) so that each document] clearly show [shows]
1118	1118	that it is the ownership document for a salvage motor vehicle.
1119	1119	(c) [(d)] A salvage vehicle title or a salvage record of
1120	1120	title for a vehicle that is a salvage motor vehicle because of
1121	1121	damage caused exclusively by flood must bear a notation [on its
1122	1122	face] that the department considers appropriate. If the title for a
1123	1123	motor vehicle reflects the notation required by this subsection,
1124	1124	the owner may sell, transfer, or release the motor vehicle only as
1125	1125	provided by this subchapter.
1126	1126	(d) An electronic application for a nonrepairable vehicle
1127	1127	title, nonrepairable record of title, salvage vehicle title, or
1128	1128	salvage record of title must clearly advise the applicant of the
1129	1129	same provisions required on a printed title.
1130	1130	(e) A nonrepairable vehicle title, nonrepairable record of
1131	1131	title, salvage vehicle title, or salvage record of title in the
1132	1132	department's electronic database must include appropriate remarks
1133	1133	so that the vehicle record clearly shows the status of the vehicle
1134	1134	[The department may provide a stamp to a person who is a licensed
1135	1135	salvage vehicle dealer under Chapter 2302, Occupations Code, to
1136	1136	mark the face of a title under this subchapter. The department
1137	1137	shall provide the stamp to the person for a fee in the amount
1138	1138	determined by the department to be necessary for the department to
1139	1139	recover the cost of providing the stamp].
1140	1140	SECTION 37. Section 501.101, Transportation Code, is
1141	1141	renumbered as Section 501.09113, Transportation Code, and amended
1142	1142	to read as follows:
1143	1143	Sec. 501.09113 [501.101]. OUT-OF-STATE SALVAGE OR REBUILT
1144	1144	SALVAGE VEHICLE [ISSUANCE OF TITLE TO MOTOR VEHICLE BROUGHT INTO
1145	1145	STATE]. (a) This section applies only to a motor vehicle brought
1146	1146	into this state from another state or jurisdiction that has on any
1147	1147	[certificate of] title or comparable out-of-state ownership
1148	1148	document issued by the other state or jurisdiction:
1149	1149	(1) a "rebuilt," "salvage," or similar notation; or
1150	1150	(2) a "nonrepairable," "dismantle only," "parts
1151	1151	only," "junked," "scrapped," or similar notation.
1152	1152	(b) On receipt of a complete application from the owner of
1153	1153	the motor vehicle, the department shall issue the applicant the
1154	1154	appropriate [certificate of] title for the motor vehicle.
1155	1155	[(c) A certificate of title issued under this section must
1156	1156	show on its face:
1157	1157	[(1) the date of issuance;
1158	1158	[(2) the name and address of the owner;
1159	1159	[(3) any registration number assigned to the motor
1160	1160	vehicle; and
1161	1161	[(4) a description of the motor vehicle or other
1162	1162	notation the department considers necessary or appropriate.]
1163	1163	SECTION 38. The heading to Section 501.095, Transportation
1164	1164	Code, is amended to read as follows:
1165	1165	Sec. 501.095. SALE, TRANSFER, OR RELEASE [OF NONREPAIRABLE
1166	1166	MOTOR VEHICLE OR SALVAGE MOTOR VEHICLE].
1167	1167	SECTION 39. Section 501.095, Transportation Code, is
1168	1168	amended to read as follows:
1169	1169	Sec. 501.095. SALE, TRANSFER, OR RELEASE OF NONREPAIRABLE
1170	1170	MOTOR VEHICLE OR SALVAGE MOTOR VEHICLE. (a) If the department has
1171	1171	not issued a nonrepairable vehicle title, nonrepairable record of
1172	1172	title, [or] salvage vehicle title, or salvage record of title for
1173	1173	the motor vehicle and a comparable [an] out-of-state ownership
1174	1174	document for the motor vehicle has not been issued by another state
1175	1175	or jurisdiction, a business or governmental entity described by
1176	1176	Subdivisions (1)-(3) may sell, transfer, or release a nonrepairable
1177	1177	motor vehicle or salvage motor vehicle only to a person who is:
1178	1178	(1) a licensed salvage vehicle dealer or metal
1179	1179	recycler under Chapter 2302, Occupations Code;
1180	1180	(2) an insurance company that has paid a claim on the
1181	1181	nonrepairable or salvage motor vehicle; or
1182	1182	(3) a governmental entity [; or
1183	1183	[(4) an out-of-state buyer].
1184	1184	(b) An owner [A person], other than a salvage vehicle dealer
1185	1185	or an insurance company licensed to do business in this state, who
1186	1186	acquired ownership of a nonrepairable or salvage motor vehicle that
1187	1187	has not been issued a nonrepairable vehicle title, nonrepairable
1188	1188	record of title, salvage vehicle title, salvage record of title, or
1189	1189	a comparable ownership document issued by another state or
1190	1190	jurisdiction shall, before selling the motor vehicle, surrender the
1191	1191	properly assigned [certificate of] title for the motor vehicle to
1192	1192	the department and apply to the department for the appropriate
1193	1193	ownership document [:
1194	1194	[(1) a nonrepairable vehicle title if the vehicle is a
1195	1195	nonrepairable motor vehicle; or
1196	1196	[(2) a salvage vehicle title if the vehicle is a
1197	1197	salvage motor vehicle].
1198	1198	(c) If the department has issued a nonrepairable vehicle
1199	1199	title, [or] salvage vehicle title, or nonrepairable or salvage
1200	1200	record of title for the motor vehicle or another state or
1201	1201	jurisdiction has issued a comparable out-of-state ownership
1202	1202	document for the motor vehicle, a person may sell, transfer, or
1203	1203	release a nonrepairable motor vehicle or salvage motor vehicle to
1204	1204	any person.
1205	1205	SECTION 40. Section 501.097, Transportation Code, is
1206	1206	amended by amending Subsections (a) and (c) and adding Subsection
1207	1207	(c-1) to read as follows:
1208	1208	(a) An application for a nonrepairable vehicle title,
1209	1209	nonrepairable record of title, [or] salvage vehicle title, or
1210	1210	salvage record of title must:
1211	1211	(1) be made in [on] a manner [form] prescribed by the
1212	1212	department and accompanied by a $8 application fee;
1213	1213	(2) include, in addition to any other information
1214	1214	required by the department:
1215	1215	(A) the name and current address of the owner;
1216	1216	and
1217	1217	(B) a description of the motor vehicle, including
1218	1218	the make, style of body, model year, and vehicle identification
1219	1219	number[; and
1220	1220	[(C) a statement describing whether the motor
1221	1221	vehicle:
1222	1222	[(i) was the subject of a total loss claim
1223	1223	paid by an insurance company under Section 501.092 or 501.093;
1224	1224	[(ii) is a self-insured motor vehicle under
1225	1225	Section 501.094;
1226	1226	[(iii) is an export-only motor vehicle
1227	1227	under Section 501.099; or
1228	1228	[(iv) was sold, transferred, or released to
1229	1229	the owner or former owner of the motor vehicle or a buyer at a casual
1230	1230	sale]; and
1231	1231	(3) include the name and address of:
1232	1232	(A) any currently recorded lienholder, if the
1233	1233	motor vehicle is a nonrepairable motor vehicle; or
1234	1234	(B) any currently recorded lienholder or a new
1235	1235	lienholder, if the motor vehicle is a salvage motor vehicle.
1236	1236	(c) A printed nonrepairable vehicle title must state on its
1237	1237	face that the motor vehicle:
1238	1238	(1) may not:
1239	1239	(A) be repaired, rebuilt, or reconstructed;
1240	1240	(B) be issued a regular [certificate of] title or
1241	1241	registered in this state;
1242	1242	(C) be operated on a public highway, in addition
1243	1243	to any other requirement of law; and
1244	1244	(2) may only be used as a source for used parts or
1245	1245	scrap metal.
1246	1246	(c-1) The department's titling system must include a remark
1247	1247	that clearly identifies the vehicle as a salvage or nonrepairable
1248	1248	motor vehicle.
1249	1249	SECTION 41. Sections 501.100(a), (b), (c), and (f),
1250	1250	Transportation Code, are amended to read as follows:
1251	1251	(a) A vehicle for which a nonrepairable certificate of title
1252	1252	issued prior to September 1, 2003, or for which a salvage vehicle
1253	1253	title or salvage record of title has been issued may obtain [be
1254	1254	issued] a regular [certificate of] title after the motor vehicle
1255	1255	has been repaired, rebuilt, or reconstructed [by a person described
1256	1256	by Section 501.104(a)] and, in addition to any other requirement of
1257	1257	law, only if the application [is accompanied by a separate form
1258	1258	that]:
1259	1259	(1) describes each major component part used to repair
1260	1260	the motor vehicle;
1261	1261	(2) states the name of each person from whom the parts
1262	1262	used in assembling the vehicle were obtained; and
1263	1263	(3) [(2)] shows the identification number required by
1264	1264	federal law to be affixed to or inscribed on the part.
1265	1265	(b) On receipt of a complete application under this section
1266	1266	accompanied by the [$13] fee for the [certificate of] title, the
1267	1267	department shall issue the applicant a regular or record
1268	1268	[certificate] of title [for the motor vehicle].
1269	1269	(c) A regular [certificate of] title issued under this
1270	1270	section must [:
1271	1271	[(1)] describe or disclose the motor vehicle's former
1272	1272	condition in a manner reasonably understandable to a potential
1273	1273	purchaser of the motor vehicle [; and
1274	1274	[(2) bear on its face the words "REBUILT SALVAGE" in
1275	1275	capital letters that:
1276	1276	[(A) are red;
1277	1277	[(B) are centered on and occupy at least 15
1278	1278	percent of the face of the certificate of title; and
1279	1279	[(C) do not prevent any other words on the title
1280	1280	from being read or copied].
1281	1281	(f) The department may not issue a regular [certificate of]
1282	1282	title for a motor vehicle based on a:
1283	1283	(1) nonrepairable vehicle title or comparable
1284	1284	out-of-state ownership document;
1285	1285	(2) receipt issued under Section 501.1003(b)
1286	1286	[501.096(b)]; or
1287	1287	(3) certificate of authority.
1288	1288	SECTION 42. Section 501.092, Transportation Code, is
1289	1289	renumbered as Section 501.1001, Transportation Code, and amended to
1290	1290	read as follows:
1291	1291	Sec. 501.1001 [501.092]. [INSURANCE COMPANY TO SURRENDER
1292	1292	CERTIFICATES OF TITLE TO CERTAIN] SALVAGE MOTOR VEHICLES OR
1293	1293	NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR
1294	1294	SELF-INSURED PERSONS. (a) An insurance company that is licensed to
1295	1295	conduct business in this state and that acquires, through payment
1296	1296	of a claim, ownership or possession of a salvage motor vehicle or
1297	1297	nonrepairable motor vehicle covered by a [certificate of] title
1298	1298	issued by this state or a manufacturer's certificate of origin
1299	1299	shall surrender a properly assigned title or manufacturer's
1300	1300	certificate of origin to the department, in [on] a manner [form]
1301	1301	prescribed by the department, except that not earlier than the 31st
1302	1302	[46th] day after the date of payment of the claim the insurance
1303	1303	company may surrender a [certificate of] title, in [on] a manner
1304	1304	[form] prescribed by the department, and receive a salvage vehicle
1305	1305	[certificate of] title or a nonrepairable vehicle [certificate of]
1306	1306	title without obtaining a properly assigned [certificate of] title
1307	1307	if the insurance company:
1308	1308	(1) has obtained the release of all liens on the motor
1309	1309	vehicle;
1310	1310	(2) is unable to locate one or more owners of the motor
1311	1311	vehicle; and
1312	1312	(3) has provided notice to the last known address in
1313	1313	the department's records to each owner that has not been located:
1314	1314	(A) by registered or certified mail, return
1315	1315	receipt requested; or
1316	1316	(B) if a notice sent under Paragraph (A) is
1317	1317	returned unclaimed, by publication in a newspaper of general
1318	1318	circulation in the area where the unclaimed mail notice was sent.
1319	1319	(b) For a salvage motor vehicle, the insurance company shall
1320	1320	apply for a salvage vehicle title or salvage record of title. For a
1321	1321	nonrepairable motor vehicle, the insurance company shall apply for
1322	1322	a nonrepairable vehicle title or nonrepairable record of title.
1323	1323	(c) [An insurance company may not sell a motor vehicle to
1324	1324	which this section applies unless the department has issued a
1325	1325	salvage vehicle title or a nonrepairable vehicle title for the
1326	1326	motor vehicle or a comparable ownership document has been issued by
1327	1327	another state or jurisdiction for the motor vehicle.
1328	1328	[(d) An insurance company may sell a motor vehicle to which
1329	1329	this section applies, or assign a salvage vehicle title or a
1330	1330	nonrepairable vehicle title for the motor vehicle, only to a
1331	1331	salvage vehicle dealer, an out-of-state buyer, a buyer in a casual
1332	1332	sale at auction, or a metal recycler. If the motor vehicle is not a
1333	1333	salvage motor vehicle or a nonrepairable motor vehicle, the
1334	1334	insurance company is not required to surrender the regular
1335	1335	certificate of title for the vehicle or to be issued a salvage
1336	1336	vehicle title or a nonrepairable vehicle title for the motor
1337	1337	vehicle.
1338	1338	[(e)] An insurance company or other person who acquires
1339	1339	ownership of a motor vehicle other than a nonrepairable or salvage
1340	1340	motor vehicle may voluntarily and on proper application obtain a
1341	1341	salvage vehicle title, salvage record of title, [or a]
1342	1342	nonrepairable vehicle title, or nonrepairable record of title for
1343	1343	the vehicle.
1344	1344	(d) This section applies only to a motor vehicle in this
1345	1345	state that is:
1346	1346	(1) a self-insured motor vehicle; and
1347	1347	(2) damaged to the extent it becomes a nonrepairable
1348	1348	or salvage motor vehicle.
1349	1349	(e) The owner of a motor vehicle to which this section
1350	1350	applies shall submit to the department before the 31st business day
1351	1351	after the date of the damage, in a manner prescribed by the
1352	1352	department, a statement that the motor vehicle was self-insured and
1353	1353	damaged.
1354	1354	(f) When the owner submits a statement under Subsection (e),
1355	1355	the owner shall surrender the ownership document and apply for a
1356	1356	nonrepairable vehicle title, nonrepairable record of title,
1357	1357	salvage vehicle title, or salvage record of title.
1358	1358	SECTION 43. Section 501.093, Transportation Code, is
1359	1359	renumbered as Section 501.1002, Transportation Code, and amended to
1360	1360	read as follows:
1361	1361	Sec. 501.1002 [501.093]. OWNER-RETAINED [INSURANCE COMPANY
1362	1362	REPORT ON CERTAIN] VEHICLES. (a) If an insurance company pays a
1363	1363	claim on a nonrepairable motor vehicle or salvage motor vehicle and
1364	1364	the insurance company does not acquire ownership of the motor
1365	1365	vehicle, the insurance company shall:
1366	1366	(1) apply for a nonrepairable vehicle title,
1367	1367	nonrepairable record of title, salvage vehicle title, or salvage
1368	1368	record of title; or
1369	1369	(2) notify the owner of the information contained in:
1370	1370	(A) Subsection (b); or
1371	1371	(B) Section 501.09111; and
1372	1372	(3) submit to the department, before the 31st day
1373	1373	after the date of the payment of the claim, in a manner [on the
1374	1374	form] prescribed by the department, a report stating that the
1375	1375	insurance company:
1376	1376	(A) [(1)] has paid a claim on the motor vehicle;
1377	1377	and
1378	1378	(B) [(2)] has not acquired ownership of the motor
1379	1379	vehicle.
1380	1380	(b) The owner of a motor vehicle to which this section
1381	1381	applies may not operate or permit operation of the motor vehicle on
1382	1382	a public highway or transfer ownership of the motor vehicle by sale
1383	1383	or otherwise unless the department has issued a salvage vehicle
1384	1384	title, salvage record of title, [or a] nonrepairable vehicle title,
1385	1385	or nonrepairable record of title for the motor vehicle or a
1386	1386	comparable ownership document has been issued by another state or
1387	1387	jurisdiction for the motor vehicle.
1388	1388	[(c) Subsection (b) does not apply if:
1389	1389	[(1) the department has issued a nonrepairable vehicle
1390	1390	title or salvage vehicle title for the motor vehicle; or
1391	1391	[(2) another state or jurisdiction has issued a
1392	1392	comparable out-of-state ownership document for the motor vehicle.]
1393	1393	SECTION 44. Section 501.096, Transportation Code, is
1394	1394	renumbered as Section 501.1003, Transportation Code, and amended to
1395	1395	read as follows:
1396	1396	Sec. 501.1003 [501.096]. [NONREPAIRABLE MOTOR VEHICLE OR]
1397	1397	SALVAGE DEALER RESPONSIBILITIES [MOTOR VEHICLE DISMANTLED,
1398	1398	SCRAPPED, OR DESTROYED]. (a) If a salvage vehicle dealer acquires
1399	1399	ownership of a nonrepairable motor vehicle or salvage motor vehicle
1400	1400	for the purpose of dismantling, scrapping, or destroying the motor
1401	1401	vehicle, the dealer shall, before the 31st day after the date the
1402	1402	dealer acquires the motor vehicle, submit to the department a
1403	1403	report stating that the motor vehicle will be dismantled, scrapped,
1404	1404	or destroyed. The dealer shall:
1405	1405	(1) make the report in a manner [on a form] prescribed
1406	1406	by the department; and
1407	1407	(2) submit with the report a properly assigned
1408	1408	manufacturer's certificate of origin, regular certificate of
1409	1409	title, nonrepairable vehicle title, salvage vehicle title, or
1410	1410	comparable out-of-state ownership document for the motor vehicle.
1411	1411	(b) After receiving the report and title or document, the
1412	1412	department shall issue the salvage vehicle dealer a receipt for the
1413	1413	manufacturer's certificate of origin, regular certificate of
1414	1414	title, nonrepairable vehicle title, salvage vehicle title, or
1415	1415	comparable out-of-state ownership document.
1416	1416	(c) The department shall adopt rules to notify the salvage
1417	1417	[vehicle] dealer if the vehicle was not issued a printed title, but
1418	1418	has a record of title in the department's titling system [shall:
1419	1419	[(1) keep on the business premises of the dealer,
1420	1420	until the third anniversary of the date the report on the motor
1421	1421	vehicle is submitted to the department, a record of the vehicle, its
1422	1422	ownership, and its condition as dismantled, scrapped, or destroyed;
1423	1423	and
1424	1424	[(2) present to the department, on the form prescribed
1425	1425	by the department, evidence that the motor vehicle was dismantled,
1426	1426	scrapped, or destroyed before the 61st day after the date the dealer
1427	1427	completed the dismantling, scrapping, or destruction of the motor
1428	1428	vehicle].
1429	1429	SECTION 45. Section 501.104, Transportation Code, is
1430	1430	amended to read as follows:
1431	1431	Sec. 501.104. REBUILDER TO POSSESS TITLE OR OTHER
1432	1432	DOCUMENTATION. (a) This section applies [only] to [:
1433	1433	[(1) a rebuilder licensed as a salvage vehicle dealer;
1434	1434	[(2)] a person engaged in repairing, rebuilding, or
1435	1435	reconstructing motor vehicles [the business of a rebuilder],
1436	1436	regardless of whether the person is licensed to engage in that
1437	1437	business [; or
1438	1438	[(3) a person engaged in the casual repair,
1439	1439	rebuilding, or reconstruction of fewer than three motor vehicles in
1440	1440	the same 12-month period].
1441	1441	(b) A person described by Subsection (a) must possess:
1442	1442	(1) an acceptable [a regular certificate of title,
1443	1443	nonrepairable vehicle title, salvage vehicle title, or comparable
1444	1444	out-of-state] ownership document or proof of ownership for any
1445	1445	motor vehicle that is:
1446	1446	(A) owned by the person;
1447	1447	(B) in the person's inventory; and
1448	1448	(C) being offered for resale; or
1449	1449	(2) a contract entered into with the owner, a work
1450	1450	order, or another document that shows the authority for the person
1451	1451	to possess any motor vehicle that is:
1452	1452	(A) owned by another person;
1453	1453	(B) on the person's business or casual premises;
1454	1454	and
1455	1455	(C) being repaired, rebuilt, or reconstructed
1456	1456	for the other person.
1457	1457	SECTION 46. Section 501.105, Transportation Code, is
1458	1458	renumbered as Section 501.108, Transportation Code, and amended to
1459	1459	read as follows:
1460	1460	Sec. 501.108 [501.105]. RECORD RETENTION [OF RECORDS
1461	1461	RELATING TO CERTAIN CASUAL SALES]. (a) Each licensed salvage
1462	1462	vehicle dealer or insurance company that sells a nonrepairable
1463	1463	motor vehicle or a salvage motor vehicle at a casual sale shall keep
1464	1464	on the business premises of the dealer or the insurance company a
1465	1465	list of all casual sales made during the preceding 36-month period
1466	1466	that contains:
1467	1467	(1) the date of the sale;
1468	1468	(2) the name of the purchaser;
1469	1469	(3) the name of the jurisdiction that issued the
1470	1470	identification document provided by the purchaser, as shown on the
1471	1471	document; and
1472	1472	(4) the vehicle identification number.
1473	1473	(b) The salvage vehicle dealer shall keep on the business
1474	1474	premises of the dealer, until the third anniversary of the date the
1475	1475	report on the motor vehicle is submitted to the department, a record
1476	1476	of the vehicle, its ownership, and its condition as dismantled,
1477	1477	scrapped, or destroyed.
1478	1478	SECTION 47. Section 501.102, Transportation Code, is
1479	1479	renumbered as Section 501.109, Transportation Code, and amended to
1480	1480	read as follows:
1481	1481	Sec. 501.109 [501.102]. OFFENSES. (a) A person commits an
1482	1482	offense if the person:
1483	1483	(1) applies to the department for a regular
1484	1484	[certificate of] title for a motor vehicle; and
1485	1485	(2) knows or reasonably should know that:
1486	1486	(A) the vehicle is a nonrepairable motor vehicle
1487	1487	that has been repaired, rebuilt, or reconstructed;
1488	1488	(B) the vehicle identification number assigned
1489	1489	to the motor vehicle belongs to a nonrepairable motor vehicle that
1490	1490	has been repaired, rebuilt, or reconstructed;
1491	1491	(C) the title issued to the motor vehicle belongs
1492	1492	to a nonrepairable motor vehicle that has been repaired, rebuilt,
1493	1493	or reconstructed; or
1494	1494	(D) [the vehicle identification number assigned
1495	1495	to the motor vehicle belongs to an export-only motor vehicle;
1496	1496	[(E) the motor vehicle is an export-only motor
1497	1497	vehicle; or
1498	1498	[(F)] the motor vehicle is a nonrepairable motor
1499	1499	vehicle or salvage motor vehicle for which a nonrepairable vehicle
1500	1500	title, salvage vehicle title, or comparable ownership document
1501	1501	issued by another state or jurisdiction has not been issued.
1502	1502	(b) A person commits an offense if the person knowingly
1503	1503	sells, transfers, or releases a salvage motor vehicle in violation
1504	1504	of this subchapter.
1505	1505	(c) A person commits an offense if the person knowingly
1506	1506	fails or refuses to surrender a regular certificate of title after
1507	1507	the person:
1508	1508	(1) receives a notice from an insurance company that
1509	1509	the motor vehicle is a nonrepairable or salvage motor vehicle; or
1510	1510	(2) knows the vehicle has become a nonrepairable motor
1511	1511	vehicle or salvage motor vehicle under Section 501.1001 [501.094].
1512	1512	(d) Except as provided by Subsection (e), an offense under
1513	1513	this section is a Class C misdemeanor.
1514	1514	(e) If it is shown on the trial of an offense under this
1515	1515	section that the defendant has been previously convicted of:
1516	1516	(1) one offense under this section, the offense is a
1517	1517	Class B misdemeanor; or
1518	1518	(2) two or more offenses under this section, the
1519	1519	offense is a state jail felony.
1520	1520	SECTION 48. Section 501.106, Transportation Code, is
1521	1521	renumbered as Section 501.110, Transportation Code, and amended to
1522	1522	read as follows:
1523	1523	Sec. 501.110 [501.106]. ENFORCEMENT OF SUBCHAPTER. (a)
1524	1524	This subchapter shall be enforced by the department and any other
1525	1525	governmental or law enforcement entity, including the Department of
1526	1526	Public Safety, and the personnel of the entity as provided by this
1527	1527	subchapter.
1528	1528	(b) The department, an agent, officer, or employee of the
1529	1529	department, or another person enforcing this subchapter is not
1530	1530	liable to a person damaged or injured by an act or omission relating
1531	1531	to the issuance of a [regular certificate of] title, nonrepairable
1532	1532	vehicle title, nonrepairable record of title, [or] salvage vehicle
1533	1533	title, or salvage record of title under this subchapter.
1534	1534	SECTION 49. Section 501.111(a), Transportation Code, is
1535	1535	amended to read as follows:
1536	1536	(a) Except as provided by Subsection (b), a person may
1537	1537	perfect a security interest in a motor vehicle that is the subject
1538	1538	of a first or subsequent sale only by recording the security
1539	1539	interest on the [certificate of] title as provided by this chapter.
1540	1540	SECTION 50. Sections 501.113(a) and (b), Transportation
1541	1541	Code, are amended to read as follows:
1542	1542	(a) Recordation of a lien under this chapter is considered
1543	1543	to occur when the department's titling system is updated or the
1544	1544	department [county assessor-collector:
1545	1545	[(1) is presented with an application for a
1546	1546	certificate of title that discloses the lien with tender of the
1547	1547	filing fee; or
1548	1548	[(2)] accepts the application of title that discloses
1549	1549	the lien with the filing fee.
1550	1550	(b) For purposes of Chapter 9, Business & Commerce Code, the
1551	1551	time of recording a lien under this chapter is considered to be the
1552	1552	time of filing the security interest, and on such recordation, the
1553	1553	recorded lienholder and assignees under Section 501.114 will obtain
1554	1554	priority over the rights of a lien creditor as defined by Section
1555	1555	9.102, Business & Commerce Code, for so long as the lien is recorded
1556	1556	on the title.
1557	1557	SECTION 51. Section 501.114, Transportation Code, is
1558	1558	amended to read as follows:
1559	1559	Sec. 501.114. ASSIGNMENT OF LIEN. (a) A lienholder may
1560	1560	assign a lien recorded under Section 501.113 without making any
1561	1561	filing or giving any notice under this chapter. The lien assigned
1562	1562	remains valid and perfected and retains its priority, securing the
1563	1563	obligation assigned to the assignee, against transferees from and
1564	1564	creditors of the original debtor, including lien creditors, as
1565	1565	defined by Section 9.102, Business & Commerce Code.
1566	1566	(b) An assignee or assignor may, but is not required to in
1567	1567	order to retain the validity, perfection, and priority of the lien
1568	1568	assigned, as evidence of the assignment of a lien recorded under
1569	1569	Section 501.113 [by]:
1570	1570	(1) apply [applying] to the department [county
1571	1571	assessor-collector] for the assignee to be named as lienholder on
1572	1572	the certificate of title [assignment of the lien]; and
1573	1573	(2) notify [notifying] the debtor of the assignment.
1574	1574	(c) Failure [(b) A lienholder's failure] to make an
1575	1575	application under Subsection (b) or to notify a debtor of an
1576	1576	assignment does not create a cause of action against the recorded
1577	1577	lienholder or the assignor or the assignee or affect the
1578	1578	continuation of the perfected status of the assigned lien in favor
1579	1579	of the assignee against transferees from and creditors of the
1580	1580	original debtor, including lien creditors, as defined by Section
1581	1581	9.102, Business & Commerce Code.
1582	1582	(d) [(c)] An application under Subsection (b) [(a)] must be
1583	1583	acknowledged[:
1584	1584	[(1) signed] by the assignee [person] to whom the lien
1585	1585	is assigned[; and
1586	1586	[(2) accompanied by:
1587	1587	[(A) the applicable fee;
1588	1588	[(B) a copy of the assignment agreement executed
1589	1589	by the parties; and
1590	1590	[(C) the certificate of title on which the lien
1591	1591	to be assigned is recorded].
1592	1592	(e) [(d)] On receipt of the completed application and fee,
1593	1593	the department may:
1594	1594	(1) [may] amend the department's records to substitute
1595	1595	the assignee [subsequent lienholder] for the recorded [previous]
1596	1596	lienholder; and
1597	1597	(2) [shall] issue a new [certificate of] title as
1598	1598	provided by this chapter [Section 501.027].
1599	1599	(f) Regardless of whether application is made for the
1600	1600	assignee to be named as lienholder on the title, the [(e) The
1601	1601	issuance of a certificate of title under Subsection (d) is
1602	1602	recordation of the assignment. The] time of the recordation of a
1603	1603	lien assigned under this section is considered to be the time the
1604	1604	lien was initially recorded under Section 501.113.
1605	1605	(g) Notwithstanding Subsections (a) through (f) and
1606	1606	procedures that may be conducted under those subsections, the
1607	1607	assignment of a lien does not affect the procedures applicable to
1608	1608	the foreclosure of a worker's lien under Chapter 70, Property Code,
1609	1609	or the rights of the holder of a worker's lien. Notice given to the
1610	1610	last known lienholder of record, as provided by that chapter, is
1611	1611	adequate to allow foreclosure under that chapter.
1612	1612	(h) Notwithstanding Subsections (a) through (f) and the
1613	1613	procedures that may be conducted under those subsections, the
1614	1614	assignment of a lien does not affect the procedures applicable to
1615	1615	the release of a holder's lien under Section 348.408, Finance Code.
1616	1616	SECTION 52. Section 501.115, Transportation Code, is
1617	1617	amended to read as follows:
1618	1618	Sec. 501.115. DISCHARGE OF LIEN. (a) When a debt or claim
1619	1619	secured by a lien has been satisfied, the lienholder shall, within a
1620	1620	reasonable time not to exceed the maximum time allowed by Section
1621	1621	348.408, Finance Code, execute and deliver to the owner, or the
1622	1622	owner's designee, a discharge of the lien in [on] a manner [form]
1623	1623	prescribed by the department.
1624	1624	(b) The owner may submit [present] the discharge and
1625	1625	[certificate of] title to the department for [county
1626	1626	assessor-collector with an application for a new certificate of
1627	1627	title and the department shall issue] a new [certificate of] title.
1628	1628	SECTION 53. Section 501.116, Transportation Code, is
1629	1629	amended to read as follows:
1630	1630	Sec. 501.116. CANCELLATION OF DISCHARGED LIEN. The
1631	1631	department may cancel a discharged lien that has been recorded on a
1632	1632	[certificate of] title for 10 [six] years or more if the recorded
1633	1633	lienholder:
1634	1634	(1) does not exist; or
1635	1635	(2) cannot be located for the owner to obtain a release
1636	1636	of the lien.
1637	1637	SECTION 54. Sections 501.134(a), (b), (c), (d), (g), and
1638	1638	(i), Transportation Code, are amended to read as follows:
1639	1639	(a) If a printed [certificate of] title is lost or
1640	1640	destroyed, the owner or lienholder disclosed on the title
1641	1641	[certificate] may obtain, in the manner provided by this section
1642	1642	and department rule, a certified copy of the lost or destroyed
1643	1643	[certificate of] title directly from the department by applying in
1644	1644	[on] a manner [form] prescribed by the department and paying a fee
1645	1645	of $2. A fee collected under this subsection shall be deposited to
1646	1646	the credit of the state highway fund and may be spent only as
1647	1647	provided by Section 501.138.
1648	1648	(b) If a lien is disclosed on a [certificate of] title, the
1649	1649	department may issue a certified copy of the original [certificate
1650	1650	of] title only to the first lienholder or the lienholder's verified
1651	1651	agent.
1652	1652	(c) The department must plainly mark "certified copy" on the
1653	1653	face of a certified copy issued under this section [, and each
1654	1654	subsequent certificate issued for the motor vehicle until the
1655	1655	vehicle is transferred]. A subsequent purchaser or lienholder of
1656	1656	the vehicle only acquires the rights, title, or interest in the
1657	1657	vehicle held by the holder of the certified copy.
1658	1658	(d) A purchaser or lienholder of a motor vehicle having a
1659	1659	certified copy issued under this section may at the time of the
1660	1660	purchase or establishment of the lien require that the seller or
1661	1661	owner indemnify the purchaser or lienholder and all subsequent
1662	1662	purchasers of the vehicle against any loss the person may suffer
1663	1663	because of a claim presented on the original [certificate of]
1664	1664	title.
1665	1665	(g) The department may issue a certified copy of a
1666	1666	[certificate of] title [before the fourth business day after the
1667	1667	date application is made] only if the applicant:
1668	1668	(1) is the registered owner of the vehicle, the holder
1669	1669	of a recorded lien against the vehicle, or a verified agent of the
1670	1670	owner or lienholder; and
1671	1671	(2) submits personal identification, including a
1672	1672	photograph, issued by an agency of this state or the United States.
1673	1673	(i) The department may establish acceptable identification
1674	1674	requirements for [If] an applicant for a certified copy of a
1675	1675	certificate of title who is not a person [other than a person]
1676	1676	described by Subsection (g)(1)[, the department may issue a
1677	1677	certified copy of the certificate of title only by mail].
1678	1678	SECTION 55. Section 501.135(a), Transportation Code, is
1679	1679	amended to read as follows:
1680	1680	(a) The department shall:
1681	1681	(1) make a record of each report to the department that
1682	1682	a motor vehicle registered in this state has been stolen or
1683	1683	concealed in violation of Section 32.33, Penal Code; and
1684	1684	(2) note the fact of the report in the department's
1685	1685	records [of the vehicle's certificate of title].
1686	1686	SECTION 56. Sections 501.138(a), (b), and (b-1),
1687	1687	Transportation Code, are amended to read as follows:
1688	1688	(a) An applicant for a [certificate of] title, other than
1689	1689	the state or a political subdivision of the state, must pay [the
1690	1690	county assessor-collector] a fee of:
1691	1691	(1) $33 if the applicant's residence is a county
1692	1692	located within a nonattainment area as defined under Section 107(d)
1693	1693	of the federal Clean Air Act (42 U.S.C. Section 7407), as amended,
1694	1694	or is an affected county, as defined by Section 386.001, Health and
1695	1695	Safety Code; or
1696	1696	(2) $28 if the applicant's residence is any other
1697	1697	county.
1698	1698	(b) The fees [county assessor-collector] shall be
1699	1699	distributed as follows [send]:
1700	1700	(1) $5 of the fee to the county treasurer for deposit
1701	1701	in the officers' salary fund;
1702	1702	(2) $8 of the fee to the department:
1703	1703	(A) together with the application within the time
1704	1704	prescribed by Section 501.023; or
1705	1705	(B) if the fee is deposited in an
1706	1706	interest-bearing account or certificate in the county depository or
1707	1707	invested in an investment authorized by Subchapter A, Chapter 2256,
1708	1708	Government Code, not later than the 35th day after the date on which
1709	1709	the fee is received; and
1710	1710	(3) the following amount to the comptroller at the
1711	1711	time and in the manner prescribed by the comptroller:
1712	1712	(A) $20 of the fee if the applicant's residence
1713	1713	is a county located within a nonattainment area as defined under
1714	1714	Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
1715	1715	7407), as amended, or is an affected county, as defined by Section
1716	1716	386.001, Health and Safety Code; or
1717	1717	(B) $15 of the fee if the applicant's residence
1718	1718	is any other county.
1719	1719	(b-1) Fees collected under Subsection (b) to be sent to the
1720	1720	comptroller shall be deposited [as follows:
1721	1721	[(1) before September 1, 2008, to the credit of the
1722	1722	Texas emissions reduction plan fund; and
1723	1723	[(2) on or after September 1, 2008,] to the credit of
1724	1724	the Texas Mobility Fund, except that $5 of each fee imposed under
1725	1725	Subsection (a)(1) and deposited on or after September 1, 2008, and
1726	1726	before September 1, 2015, shall be deposited to the credit of the
1727	1727	Texas emissions reduction plan fund.
1728	1728	SECTION 57. Section 520.031, Transportation Code, as
1729	1729	amended by Chapters 836 (H.B. 1743) and 1423 (H.B. 2409), Acts of
1730	1730	the 76th Legislature, Regular Session, 1999, is transferred to
1731	1731	Subchapter H, Chapter 501, Transportation Code, renumbered as
1732	1732	Section 501.145, Transportation Code, and reenacted and amended to
1733	1733	read as follows:
1734	1734	Sec. 501.145 [520.031]. FILING BY PURCHASER [TRANSFEREE];
1735	1735	APPLICATION FOR TRANSFER OF TITLE [AND REGISTRATION]. (a) Not
1736	1736	later than the 30th [20th working] day after the date of assignment
1737	1737	on [receiving] the documents [under Section 520.022 or 520.0225],
1738	1738	the purchaser [transferee] of the used motor vehicle shall file
1739	1739	with the county assessor-collector:
1740	1740	(1) [the license receipt and] the certificate of title
1741	1741	or other evidence of title; or
1742	1742	(2) if appropriate, a document described by Section
1743	1743	502.457 [520.0225(b)(1) or (2)] and the [certificate of] title or
1744	1744	other evidence of ownership [title].
1745	1745	(b) The filing under Subsection (a) is an application for
1746	1746	transfer of title as required under this chapter [Chapter 501] and
1747	1747	[, if the license receipt is filed,] an application for transfer of
1748	1748	the registration of the motor vehicle.
1749	1749	(c) [In this section, "working day" means any day other than
1750	1750	a Saturday, a Sunday, or a holiday on which county offices are
1751	1751	closed.
1752	1752	[(d)] Notwithstanding Subsection (a), if the purchaser
1753	1753	[transferee] is a member of the armed forces of the United States, a
1754	1754	member of the Texas National Guard or of the National Guard of
1755	1755	another state serving on active duty under an order of the president
1756	1756	of the United States, or a member of a reserve component of the
1757	1757	armed forces of the United States serving on active duty under an
1758	1758	order of the president of the United States, the documents
1759	1759	described by Subsection (a) must be filed with the county
1760	1760	assessor-collector not later than the 60th [working] day after the
1761	1761	date of assignment of ownership [their receipt by the transferee].
1762	1762	SECTION 58. Section 520.023, Transportation Code, is
1763	1763	transferred to Subchapter H, Chapter 501, Transportation Code,
1764	1764	renumbered as Section 501.146, Transportation Code, and amended to
1765	1765	read as follows:
1766	1766	Sec. 501.146 [520.023]. [POWERS AND DUTIES OF DEPARTMENT ON
1767	1767	TRANSFER OF USED] VEHICLE TRANSFER NOTIFICATION. (a) On receipt of
1768	1768	a written notice of transfer from the seller [transferor] of a motor
1769	1769	vehicle, the department shall indicate the transfer on the motor
1770	1770	vehicle records maintained by the department. As an alternative to
1771	1771	a written notice of transfer, the department shall establish
1772	1772	procedures that permit the seller [transferor] of a motor vehicle
1773	1773	to electronically submit a notice of transfer to the department
1774	1774	through the department's Internet website. A notice of transfer
1775	1775	provided through the department's Internet website is not required
1776	1776	to bear the signature of the seller [transferor] or include the date
1777	1777	of signing.
1778	1778	(b) [The department may design the written notice of
1779	1779	transfer to be part of the certificate of title for the vehicle.]
1780	1780	The notice of transfer [form] shall be provided by the department
1781	1781	and must include a place for the seller [transferor] to state:
1782	1782	(1) a complete description of the vehicle as
1783	1783	prescribed by the department [identification number of the
1784	1784	vehicle];
1785	1785	(2) [the number of the license plate issued to the
1786	1786	vehicle, if any;
1787	1787	[(3)] the full name and address of the seller
1788	1788	[transferor];
1789	1789	(3) [(4)] the full name and address of the purchaser
1790	1790	[transferee];
1791	1791	(4) [(5)] the date the seller [transferor] delivered
1792	1792	possession of the vehicle to the purchaser [transferee];
1793	1793	(5) [(6)] the signature of the seller [transferor];
1794	1794	and
1795	1795	(6) [(7)] the date the seller [transferor] signed the
1796	1796	form.
1797	1797	(c) This subsection applies only if the department receives
1798	1798	notice under Subsection (a) before the 30th day after the date the
1799	1799	seller [transferor] delivered possession of the vehicle to the
1800	1800	purchaser [transferee]. After the date of the transfer of the
1801	1801	vehicle shown on the records of the department, the purchaser
1802	1802	[transferee] of the vehicle shown on the records is rebuttably
1803	1803	presumed to be:
1804	1804	(1) the owner of the vehicle; and
1805	1805	(2) subject to civil and criminal liability arising
1806	1806	out of the use, operation, or abandonment of the vehicle, to the
1807	1807	extent that ownership of the vehicle subjects the owner of the
1808	1808	vehicle to criminal or civil liability under another provision of
1809	1809	law.
1810	1810	(d) The department may adopt[:
1811	1811	[(1)] rules to implement this section [; and
1812	1812	[(2) a fee for filing a notice of transfer under this
1813	1813	section in an amount not to exceed the lesser of the actual cost to
1814	1814	the department of implementing this section or $5].
1815	1815	(e) This section does not impose or establish civil or
1816	1816	criminal liability on the owner of a motor vehicle who transfers
1817	1817	ownership of the vehicle but does not disclose the transfer to the
1818	1818	department.
1819	1819	(f) [This section does not require the department to issue a
1820	1820	certificate of title to a person shown on a notice of transfer as
1821	1821	the transferee of a motor vehicle.] The department may not issue a
1822	1822	[certificate of] title or register [for] the vehicle until the
1823	1823	purchaser [transferee] applies for a title to the county
1824	1824	assessor-collector as provided by this chapter [Chapter 501].
1825	1825	SECTION 59. Section 520.032, Transportation Code, is
1826	1826	transferred to Subchapter H, Chapter 501, Transportation Code,
1827	1827	renumbered as Section 501.147, Transportation Code, and amended to
1828	1828	read as follows:
1829	1829	Sec. 501.147 [520.032]. TITLE TRANSFER [FEE]; LATE FEE.
1830	1830	(a) [The transferee of a used motor vehicle shall pay, in addition
1831	1831	to any fee required under Chapter 501 for the transfer of title, a
1832	1832	transfer fee of $2.50 for the transfer of the registration of the
1833	1833	motor vehicle.
1834	1834	[(b)] If the purchaser [transferee] does not file the
1835	1835	application for the transfer of title during the period provided by
1836	1836	Section 501.145 [520.031], the purchaser [transferee] is liable for
1837	1837	a late fee to be paid to the county assessor-collector when the
1838	1838	application is filed. If the seller [transferee] holds a general
1839	1839	distinguishing number issued under Chapter 503 of this code or
1840	1840	Chapter 2301, Occupations Code, the seller is liable for the late
1841	1841	fee in the amount of [the late fee is] $10. If the seller
1842	1842	[transferee] does not hold a general distinguishing number, subject
1843	1843	to Subsection (b) [(b-1)] the amount of the late fee is $25.
1844	1844	(b) [(b-1)] If the application is filed after the 60th [31st
1845	1845	working] day after the date the purchaser was assigned ownership of
1846	1846	[transferee received] the documents under Section 501.0721
1847	1847	[520.022], the late fee imposed under Subsection (a) [(b)] accrues
1848	1848	an additional penalty in the amount of $25 for each subsequent
1849	1849	30-day period, or portion of a 30-day period, in which the
1850	1850	application is not filed.
1851	1851	(c) The county assessor-collector and the surety on the
1852	1852	county assessor-collector's bond are liable for the late fee if the
1853	1853	county assessor-collector does not collect the late fee.
1854	1854	(d) Subsections (a) and (b) [and (b-1)] do not apply if the
1855	1855	motor vehicle is eligible to be issued:
1856	1856	(1) classic vehicle license plates under Section
1857	1857	504.501; or
1858	1858	(2) antique vehicle license plates under Section
1859	1859	504.502.
1860	1860	SECTION 60. Section 520.033, Transportation Code, is
1861	1861	transferred to Subchapter H, Chapter 501, Transportation Code,
1862	1862	renumbered as Section 501.148, Transportation Code, and amended to
1863	1863	read as follows:
1864	1864	Sec. 501.148 [520.033]. ALLOCATION OF FEES. (a) The
1865	1865	county assessor-collector may retain as commission for services
1866	1866	provided under this subchapter [half of each transfer fee
1867	1867	collected,] half of each late fee [,] and half of each additional
1868	1868	penalty collected under Section 501.147 [520.032].
1869	1869	(b) The county assessor-collector shall report and remit
1870	1870	the balance of the fees collected to the department on Monday of
1871	1871	each week as other [registration] fees are required to be reported
1872	1872	and remitted.
1873	1873	(c) Of each late fee collected from a person who does not
1874	1874	hold a general distinguishing number by [that] the department
1875	1875	[receives] under Subsection (b), $10 may be used only to fund a
1876	1876	statewide public awareness campaign designed to inform and educate
1877	1877	the public about the provisions of this chapter.
1878	1878	SECTION 61. Section 501.152(b), Transportation Code, is
1879	1879	amended to read as follows:
1880	1880	(b) It is not a violation of this section for the beneficial
1881	1881	owner of a vehicle to sell or offer to sell a vehicle without having
1882	1882	possession of the certificate of title to the vehicle if the sole
1883	1883	reason he or she does not have possession of the certificate of
1884	1884	title is that the title is in the possession of a lienholder who has
1885	1885	not complied with the terms of Section 501.115(a) [of this code].
1886	1886	SECTION 62. Section 501.153, Transportation Code, is
1887	1887	amended to read as follows:
1888	1888	Sec. 501.153. APPLICATION FOR TITLE FOR STOLEN OR CONCEALED
1889	1889	VEHICLE. A person commits an offense if the person applies for a
1890	1890	[certificate of] title for a motor vehicle that the person knows is
1891	1891	stolen or concealed in violation of Section 32.33, Penal Code.
1892	1892	SECTION 63. Section 501.154, Transportation Code, is
1893	1893	amended to read as follows:
1894	1894	Sec. 501.154. ALTERATION OF CERTIFICATE OR RECEIPT. A
1895	1895	person commits an offense if the person alters a manufacturer's [or
1896	1896	importer's] certificate, a title receipt, or a certificate of
1897	1897	title.
1898	1898	SECTION 64. Section 501.155(a), Transportation Code, is
1899	1899	amended to read as follows:
1900	1900	(a) A person commits an offense if the person knowingly
1901	1901	provides false or incorrect information or without legal authority
1902	1902	signs the name of another person on:
1903	1903	(1) an application for a [certificate of] title;
1904	1904	(2) an application for a certified copy of an original
1905	1905	[certificate of] title;
1906	1906	(3) an assignment of title for a motor vehicle;
1907	1907	(4) a discharge of a lien on a title for a motor
1908	1908	vehicle; or
1909	1909	(5) any other document required by the department or
1910	1910	necessary to the transfer of ownership of a motor vehicle.
1911	1911	SECTION 65. The heading to Section 501.158, Transportation
1912	1912	Code, is amended to read as follows:
1913	1913	Sec. 501.158. SEIZURE OF STOLEN VEHICLE OR VEHICLE WITH
1914	1914	ALTERED VEHICLE IDENTIFICATION [SERIAL] NUMBER.
1915	1915	SECTION 66. Section 520.035, Transportation Code, is
1916	1916	transferred to Subchapter H, Chapter 501, Transportation Code,
1917	1917	renumbered as Section 501.161, Transportation Code, and amended to
1918	1918	read as follows:
1919	1919	Sec. 501.161 [520.035]. EXECUTION OF TRANSFER DOCUMENTS;
1920	1920	PENALTY. (a) A person who transfers a motor vehicle in this state
1921	1921	shall complete [execute] in full and date as of the date of the
1922	1922	transfer all documents relating to the transfer of registration or
1923	1923	[certificate of] title. A person who transfers a vehicle commits an
1924	1924	offense if the person fails to execute the documents in full.
1925	1925	(b) A person commits an offense if the person:
1926	1926	(1) accepts a document described by Subsection (a)
1927	1927	that does not contain all of the required information; or
1928	1928	(2) alters or mutilates such a document.
1929	1929	(c) An offense under this section is a misdemeanor
1930	1930	punishable by a fine of not less than $50 and not more than $200.
1931	1931	SECTION 67. Subchapter H, Chapter 501, Transportation Code,
1932	1932	is amended by adding Sections 501.162 and 501.163 to read as
1933	1933	follows:
1934	1934	Sec. 501.162. MOTOR NUMBER REQUIRED FOR REGISTRATION;
1935	1935	PENALTY. A person commits an offense if the person violates Section
1936	1936	501.0331. An offense under this section is a misdemeanor
1937	1937	punishable by a fine of not less than $50 and not more than $100.
1938	1938	Sec. 501.163. APPLICATION FOR MOTOR NUMBER RECORD; PENALTY.
1939	1939	A person who fails to comply with Section 501.0332 commits an
1940	1940	offense. An offense under this section is a misdemeanor punishable
1941	1941	by a fine of not less than $10 and not more than $100.
1942	1942	SECTION 68. Chapter 501, Transportation Code, is amended by
1943	1943	adding Subchapter I to read as follows:
1944	1944	SUBCHAPTER I. ELECTRONIC TITLING SYSTEM
1945	1945	Sec. 501.171. APPLICATION OF SUBCHAPTER. This subchapter
1946	1946	applies only if the department implements a titling system under
1947	1947	Section 501.173.
1948	1948	Sec. 501.172. DEFINITIONS. In this subchapter:
1949	1949	(1) "Document" means information that is inscribed on
1950	1950	a tangible medium or that is stored in an electronic or other medium
1951	1951	and is retrievable in perceivable form.
1952	1952	(2) "Electronic" means relating to technology having
1953	1953	electrical, digital, magnetic, wireless, optical, electromagnetic,
1954	1954	or similar capabilities.
1955	1955	(3) "Electronic document" means a document that is in
1956	1956	an electronic form.
1957	1957	(4) "Electronic signature" means an electronic sound,
1958	1958	symbol, or process attached to or logically associated with a
1959	1959	document and executed or adopted by a person with the intent to sign
1960	1960	the document.
1961	1961	(5) "Paper document" means a document that is in
1962	1962	printed form.
1963	1963	Sec. 501.173. ELECTRONIC TITLING SYSTEM. (a) The
1964	1964	department by rule may implement an electronic titling system.
1965	1965	(b) A record of title maintained electronically by the
1966	1966	department in the titling system is the official record of vehicle
1967	1967	ownership unless the owner requests that the department issue a
1968	1968	printed title.
1969	1969	Sec. 501.174. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If
1970	1970	this chapter requires that a document be an original, be on paper or
1971	1971	another tangible medium, or be in writing, the requirement is met by
1972	1972	an electronic document that complies with this subchapter.
1973	1973	(b) If a law requires that a document be signed, the
1974	1974	requirement is satisfied by an electronic signature.
1975	1975	(c) A requirement that a document or a signature associated
1976	1976	with a document be notarized, acknowledged, verified, witnessed, or
1977	1977	made under oath is satisfied if the electronic signature of the
1978	1978	person authorized to perform that act, and all other information
1979	1979	required to be included, is attached to or logically associated
1980	1980	with the document or signature. A physical or electronic image of a
1981	1981	stamp, impression, or seal is not required to accompany an
1982	1982	electronic signature.
1983	1983	Sec. 501.175. RECORDING OF DOCUMENTS. (a) Under the
1984	1984	titling system, the department may:
1985	1985	(1) receive, index, store, archive, and transmit
1986	1986	electronic documents;
1987	1987	(2) provide for access to, and for search and
1988	1988	retrieval of, documents and information by electronic means; and
1989	1989	(3) convert into electronic form:
1990	1990	(A) paper documents that it accepts for the
1991	1991	titling of a motor vehicle; and
1992	1992	(B) information recorded and documents that were
1993	1993	accepted for the titling of a motor vehicle before the titling
1994	1994	system was implemented.
1995	1995	(b) The department shall continue to accept paper documents
1996	1996	after the titling system is implemented.
1997	1997	Sec. 501.176. PAYMENT OF FEES BY ELECTRONIC FUNDS TRANSFER
1998	1998	OR CREDIT CARD. (a) The department may accept payment by
1999	1999	electronic funds transfer, credit card, or debit card of any title
2000	2000	or registration fee that the department is required or authorized
2001	2001	to collect under this chapter.
2002	2002	(b) The department may collect a fee for processing a title
2003	2003	or registration payment by electronic funds transfer, credit card,
2004	2004	or debit card. The amount of the fee must be reasonably related to
2005	2005	the expense incurred by the department in processing the payment by
2006	2006	electronic funds transfer, credit card, or debit card and may not be
2007	2007	more than five percent of the amount of the registration and titling
2008	2008	fee being paid.
2009	2009	(c) In addition to the fee authorized by Subsection (b), the
2010	2010	department may collect from a person making payment by electronic
2011	2011	funds transfer, credit card, or debit card an amount equal to the
2012	2012	amount of any registration and titling transaction fee charged to
2013	2013	the department by a vendor providing services in connection with
2014	2014	payments made by electronic funds transfer, credit card, or debit
2015	2015	card. The limitation prescribed by Subsection (b) on the amount of
2016	2016	a fee does not apply to a fee collected under this subsection.
2017	2017	(d) Online electronic commerce must be processed in
2018	2018	accordance with Chapter 2054, Government Code.
2019	2019	Sec. 501.177. SERVICE CHARGE. If, for any reason, the
2020	2020	payment of a fee under this chapter by electronic funds transfer,
2021	2021	credit card, or debit card is not honored by the funding
2022	2022	institution, or by the electronic funds transfer, credit card, or
2023	2023	debit card company on which the funds are drawn, the department may
2024	2024	collect from the person who owes the fee being collected a
2025	2025	registration and titling service charge that is for the collection
2026	2026	of that original amount and is in addition to the original fee. The
2027	2027	amount of the service charge must be reasonably related to the
2028	2028	expense incurred by the department in collecting the original
2029	2029	amount.
2030	2030	Sec. 501.178. DISPOSITION OF FEES. All fees collected
2031	2031	under this subchapter shall be deposited to the credit of the state
2032	2032	highway fund.
2033	2033	Sec. 501.179. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
2034	2034	AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and
2035	2035	supersedes the federal Electronic Signatures in Global and National
2036	2036	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
2037	2037	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
2038	2038	7001(c)) or authorize electronic delivery of any of the notices
2039	2039	described in Section 103(b) of that Act (15 U.S.C. Section
2040	2040	7003(b)).
2041	2041	SECTION 69. Section 502.001, Transportation Code, is
2042	2042	amended to read as follows:
2043	2043	Sec. 502.001. DEFINITIONS. In this chapter:
2044	2044	(1) "All-terrain vehicle" means a motor vehicle that
2045	2045	is:
2046	2046	(A) equipped with a saddle, bench, or bucket
2047	2047	seats for the use of:
2048	2048	(i) the rider; and
2049	2049	(ii) a passenger, if the motor vehicle is
2050	2050	designed by the manufacturer to transport a passenger;
2051	2051	(B) designed to propel itself with three or more
2052	2052	tires in contact with the ground;
2053	2053	(C) designed by the manufacturer for off-highway
2054	2054	use; and
2055	2055	(D) not designed by the manufacturer primarily
2056	2056	for farming or lawn care.
2057	2057	(2) "Apportioned license plate" means a license plate
2058	2058	issued in lieu of a truck license plate or combination license plate
2059	2059	to a motor carrier in this state who proportionally registers a
2060	2060	vehicle owned by the carrier in one or more other states.
2061	2061	(3) "Combination license plate" means a license plate
2062	2062	issued for a truck or truck-tractor that is used or intended to be
2063	2063	used in combination with a semitrailer that has a gross weight of
2064	2064	more than 6,000 pounds.
2065	2065	(4) "Combined gross weight" means the empty weight of
2066	2066	the truck-tractor or commercial motor vehicle combined with the
2067	2067	empty weight of the heaviest semitrailer used or to be used in
2068	2068	combination with the truck-tractor or commercial motor vehicle plus
2069	2069	the heaviest net load to be carried on the combination during the
2070	2070	registration year.
2071	2071	(4-a) "Commercial fleet" has the meaning assigned by
2072	2072	Section 501.002.
2073	2073	(5) "Commercial motor vehicle" means a commercial
2074	2074	motor vehicle as defined by Section 644.001 [, other than a
2075	2075	motorcycle, designed or used primarily to transport property. The
2076	2076	term includes a passenger car reconstructed and used primarily for
2077	2077	delivery purposes. The term does not include a passenger car used
2078	2078	to deliver the United States mail].
2079	2079	(6) "Construction machinery" means a vehicle that:
2080	2080	(A) is used for construction;
2081	2081	(B) is built from the ground up;
2082	2082	(C) is not mounted or affixed to another vehicle
2083	2083	such as a trailer;
2084	2084	(D) was originally and permanently designed as
2085	2085	machinery;
2086	2086	(E) was not in any way originally designed to
2087	2087	transport persons or property; and
2088	2088	(F) does not carry a load, including fuel.
2089	2089	(7) "Credit card" has the meaning assigned by Section
2090	2090	501.002.
2091	2091	(8) "Debit card" has the meaning assigned by Section
2092	2092	501.002.
2093	2093	(9) [(3)] "Department" means the Texas Department of
2094	2094	Transportation.
2095	2095	(10) "Electric bicycle" has the meaning assigned by
2096	2096	Section 541.201.
2097	2097	(11) "Electric personal assistive mobility device"
2098	2098	has the meaning assigned by Section 551.201.
2099	2099	(12) "Empty weight" means the unladen weight of the
2100	2100	truck-tractor or commercial motor vehicle and semitrailer
2101	2101	combination fully equipped, as certified by a public weigher or
2102	2102	license and weight inspector of the Department of Public Safety.
2103	2103	(13) [(4)] "Farm trailer" or "farm semitrailer" means
2104	2104	a vehicle [semitrailer] designed and used primarily as a farm
2105	2105	vehicle.
2106	2106	(14) [(5)] "Farm tractor" has the meaning assigned by
2107	2107	Section 541.201 [means a motor vehicle designed and used primarily
2108	2108	as a farm implement for drawing other implements of husbandry].
2109	2109	(15) "Forestry vehicle" [(6) "Farm trailer"] means a
2110	2110	vehicle [trailer designed and] used exclusively for transporting
2111	2111	forest products in their natural state, including logs, debarked
2112	2112	logs, untreated ties, stave bolts, plywood bolts, pulpwood billets,
2113	2113	wood chips, stumps, sawdust, moss, bark, and wood shavings, and
2114	2114	property used in production of those products [primarily as a farm
2115	2115	vehicle].
2116	2116	(16) [(7)] "Golf cart" means a motor vehicle designed
2117	2117	by the manufacturer primarily for transporting persons on a golf
2118	2118	course.
2119	2119	(17) "Gross vehicle weight" has the meaning assigned
2120	2120	by Section 541.401.
2121	2121	(18) [(8)] "Implements of husbandry" has the meaning
2122	2122	assigned by Section 541.201 [means farm implements, machinery, and
2123	2123	tools as used in tilling the soil, including self-propelled
2124	2124	machinery specifically designed or adapted for applying plant food
2125	2125	materials or agricultural chemicals but not specifically designed
2126	2126	or adapted for the sole purpose of transporting the materials or
2127	2127	chemicals. The term does not include a passenger car or truck].
2128	2128	(19) [(9)] "Light truck" has the meaning assigned by
2129	2129	Section 541.201 [means a commercial motor vehicle that has a
2130	2130	manufacturer's rated carrying capacity of one ton or less].
2131	2131	(20) [(10)] "Moped" has the meaning assigned by
2132	2132	Section 541.201.
2133	2133	(21) [(11)] "Motor bus" includes every vehicle used to
2134	2134	transport persons on the public highways for compensation, other
2135	2135	than:
2136	2136	(A) a vehicle operated by muscular power; or
2137	2137	(B) a municipal bus.
2138	2138	(22) [(12)] "Motorcycle" has the meaning assigned by
2139	2139	Section 541.201 [means a motor vehicle designed to propel itself
2140	2140	with not more than three wheels in contact with the ground. The
2141	2141	term does not include a tractor].
2142	2142	(23) [(13)] "Motor vehicle" means a vehicle that is
2143	2143	self-propelled.
2144	2144	(24) "Motorized mobility device" has the meaning
2145	2145	assigned by Section 542.009.
2146	2146	(25) [(14)] "Municipal bus" includes every vehicle,
2147	2147	other than a passenger car, used to transport persons for
2148	2148	compensation exclusively within the limits of a municipality or a
2149	2149	suburban addition to the municipality.
2150	2150	(26) "Net carrying capacity" is the heaviest net load
2151	2151	to be carried on the vehicle, but not less than the manufacturer's
2152	2152	rated carrying capacity.
2153	2153	(27) "Oil well servicing, cleanout, or drilling
2154	2154	machinery":
2155	2155	(A) has the meaning assigned by Section 623.149;
2156	2156	or
2157	2157	(B) means:
2158	2158	(i) a mobile crane that is an unladen,
2159	2159	self-propelled vehicle constructed as a machine and used solely to
2160	2160	raise, shift, or lower heavy weights by means of a projecting,
2161	2161	swinging mast with an engine for power on a chassis permanently
2162	2162	constructed or assembled for such purpose; and
2163	2163	(ii) for which the owner has secured a
2164	2164	permit from the department under Section 623.142.
2165	2165	(28) [(15)] "Operate temporarily on the highways"
2166	2166	means to travel between:
2167	2167	(A) different farms;
2168	2168	(B) a place of supply or storage and a farm; or
2169	2169	(C) an owner's farm and the place at which the
2170	2170	owner's farm produce is prepared for market or is marketed.
2171	2171	(29) [(16)] "Owner" means a person who:
2172	2172	(A) holds the legal title of a vehicle;
2173	2173	(B) has the legal right of possession of a
2174	2174	vehicle; or
2175	2175	(C) has the legal right of control of a vehicle.
2176	2176	(30) [(17)] "Passenger car" has the meaning assigned
2177	2177	by Section 541.201 [means a motor vehicle, other than a motorcycle,
2178	2178	golf cart, light truck, or bus, designed or used primarily for the
2179	2179	transportation of persons].
2180	2180	(31) "Power sweeper" means an implement, with or
2181	2181	without motive power, designed for the removal by a broom, vacuum,
2182	2182	or regenerative air system of debris, dirt, gravel, litter, or sand
2183	2183	from asphaltic concrete or cement concrete surfaces, including
2184	2184	surfaces of parking lots, roads, streets, highways, and warehouse
2185	2185	floors. The term includes a vehicle on which the implement is
2186	2186	permanently mounted if the vehicle is used only as a power sweeper.
2187	2187	(32) "Private bus" means a bus that:
2188	2188	(A) is not operated for hire; and
2189	2189	(B) is not classified as a municipal bus or a
2190	2190	motor bus.
2191	2191	(33) [(18)] "Public highway" includes a road, street,
2192	2192	way, thoroughfare, or bridge:
2193	2193	(A) that is in this state;
2194	2194	(B) that is for the use of vehicles;
2195	2195	(C) that is not privately owned or controlled;
2196	2196	and
2197	2197	(D) over which the state has legislative
2198	2198	jurisdiction under its police power.
2199	2199	(34) [(19)] "Public property" means property owned or
2200	2200	leased by this state or a political subdivision of this state.
2201	2201	(35) [(20)] "Road tractor" means a vehicle designed
2202	2202	for the purpose of mowing the right-of-way of a public highway or a
2203	2203	motor vehicle designed or used for drawing another vehicle or a load
2204	2204	and not constructed to carry:
2205	2205	(A) an independent load; or
2206	2206	(B) a part of the weight of the vehicle and load
2207	2207	to be drawn.
2208	2208	(36) [(21)] "Semitrailer" means a vehicle designed or
2209	2209	used with a motor vehicle so that part of the weight of the vehicle
2210	2210	and its load rests on or is carried by another vehicle.
2211	2211	(37) "Token trailer" means a semitrailer that:
2212	2212	(A) has a gross weight of more than 6,000 pounds;
2213	2213	and
2214	2214	(B) is operated in combination with a truck or a
2215	2215	truck-tractor that has been issued:
2216	2216	(i) an apportioned license plate;
2217	2217	(ii) a combination license plate; or
2218	2218	(iii) a forestry vehicle license plate.
2219	2219	(38) "Tow truck" means a motor vehicle adapted or used
2220	2220	to tow, winch, or otherwise move another motor vehicle.
2221	2221	(39) [(22)] "Trailer" means a vehicle that:
2222	2222	(A) is designed or used to carry a load wholly on
2223	2223	its own structure; and
2224	2224	(B) is drawn or designed to be drawn by a motor
2225	2225	vehicle.
2226	2226	(40) "Travel trailer" has the meaning assigned by
2227	2227	Section 501.002.
2228	2228	(41) [(23)] "Truck-tractor" means a motor vehicle:
2229	2229	(A) designed and used primarily for drawing
2230	2230	another vehicle; and
2231	2231	(B) not constructed to carry a load other than a
2232	2232	part of the weight of the vehicle and load to be drawn.
2233	2233	(42) [(24)] "Vehicle" means a device in or by which a
2234	2234	person or property is or may be transported or drawn on a public
2235	2235	highway, other than a device used exclusively on stationary rails
2236	2236	or tracks.
2237	2237	SECTION 70. Section 502.0021, Transportation Code, is
2238	2238	amended to read as follows:
2239	2239	Sec. 502.0021. RULES AND FORMS. (a) The department may
2240	2240	adopt rules to administer this chapter.
2241	2241	(b) The department shall post on the Internet or[:
2242	2242	[(1) prescribe forms determined by the department to
2243	2243	be necessary for the administration of this chapter; and
2244	2244	[(2)] provide each county assessor-collector with a
2245	2245	sufficient [an adequate] supply of any [each form] necessary forms
2246	2246	[for the performance of a duty under this chapter by the
2247	2247	assessor-collector].
2248	2248	SECTION 71. Section 502.052, Transportation Code, is
2249	2249	transferred to Subchapter A, Chapter 502, Transportation Code,
2250	2250	renumbered as Section 502.00211, Transportation Code, and amended
2251	2251	to read as follows:
2252	2252	Sec. 502.00211 [502.052]. DESIGN OF [LICENSE PLATES AND]
2253	2253	REGISTRATION INSIGNIA [; REFLECTORIZED MATERIAL]. [(a)] The
2254	2254	department shall prepare the designs and specifications [of license
2255	2255	plates and devices selected by the Texas Transportation Commission]
2256	2256	to be used as the registration insignia.
2257	2257	[(b) The department shall design each license plate to
2258	2258	include a design at least one-half inch wide that represents in
2259	2259	silhouette the shape of Texas and that appears between letters and
2260	2260	numerals. The department may omit the silhouette of Texas from
2261	2261	specially designed license plates.
2262	2262	[(c) To promote highway safety, each license plate shall be
2263	2263	made with a reflectorized material that provides effective and
2264	2264	dependable brightness for the period for which the plate is issued.
2265	2265	The purchase of reflectorized material shall be submitted to the
2266	2266	comptroller for approval.]
2267	2267	SECTION 72. Section 502.0022, Transportation Code, is
2268	2268	amended to read as follows:
2269	2269	Sec. 502.0022. CONSOLIDATED REGISTRATION OF [FLEET]
2270	2270	VEHICLES. (a) The department shall develop and implement a system
2271	2271	of registration so that an owner of more than one motor vehicle or
2272	2272	trailer that is subject to registration under this chapter [a fleet
2273	2273	of motor vehicles] may consolidate the registration of the motor
2274	2274	vehicles [in the fleet] as an alternative to the separate
2275	2275	registration of each motor vehicle [in the fleet]. The owner may
2276	2276	designate an initial or a renewal registration period for a vehicle
2277	2277	or trailer so that the registration period expires on the same date
2278	2278	as the registration period for another vehicle or trailer
2279	2279	previously registered by that owner.
2280	2280	(b) A system of consolidated registration under this
2281	2281	section must allow the owner of the [a fleet of] motor vehicles to
2282	2282	register:
2283	2283	(1) all [an entire fleet of] motor vehicles in the
2284	2284	county of the owner's residence or principal place of business; or
2285	2285	(2) [those vehicles in a fleet of] vehicles that are
2286	2286	operated most regularly in the same county by registering the
2287	2287	vehicles in that county.
2288	2288	(c) With the consent of the [The] department, the
2289	2289	registration shall be issued in accordance with Section 502.044 [by
2290	2290	rule shall define "fleet" for purposes of this section.
2291	2291	[(d) The department may adopt rules to administer this
2292	2292	section].
2293	2293	SECTION 73. (a) Subchapter A, Chapter 502, Transportation
2294	2294	Code, is amended by adding Section 502.0023 to read as follows:
2295	2295	Sec. 502.0023. EXTENDED REGISTRATION OF COMMERCIAL FLEET
2296	2296	VEHICLES. (a) The department shall develop and implement a system
2297	2297	of registration to allow an owner of a commercial fleet to register
2298	2298	the motor vehicles in the commercial fleet for an extended
2299	2299	registration period of not less than one year or more than eight
2300	2300	years. The owner may select the number of years for registration
2301	2301	under this section within that range and register the commercial
2302	2302	fleet for that period. Payment for the entire registration period
2303	2303	selected is due at the time of registration.
2304	2304	(b) In addition to the registration fees prescribed by
2305	2305	Subchapter D, an owner registering a commercial fleet under this
2306	2306	section shall pay:
2307	2307	(1) an annual commercial fleet registration fee of $10
2308	2308	per motor vehicle; and
2309	2309	(2) a one-time license plate manufacturing fee of
2310	2310	$1.50 for each issued motor vehicle license plate.
2311	2311	(c) A license plate issued under this section may, at the
2312	2312	registered owner's option, include on the legend the name or logo of
2313	2313	the business entity that owns the vehicle. The license plates shall
2314	2314	conform in all respects to the provisions of this chapter, except as
2315	2315	specified in this section.
2316	2316	(d) For a commercial fleet registered under this section,
2317	2317	payment of all registration license taxes and fees under this
2318	2318	chapter must be paid in advance for the extended registration
2319	2319	period selected under Subsection (a). On payment of all
2320	2320	registration license taxes and fees, no annual validation window
2321	2321	insignia is required for the entire period paid for in advance. A
2322	2322	registration card must be issued for the period elected only for
2323	2323	vehicles that exceed 10,000 pounds in weight.
2324	2324	(e) Failure to comply with this section may result in
2325	2325	suspension or termination from the commercial fleet program.
2326	2326	(f) The department shall adopt rules to implement this
2327	2327	section.
2328	2328	(g) The department and the counties in their budgeting
2329	2329	processes shall consider any temporary increases and resulting
2330	2330	decreases in revenue that will result from the use of the process
2331	2331	provided by this section.
2332	2332	(b) The Texas Department of Transportation shall adopt the
2333	2333	rules and establish the system required under Section 502.0023,
2334	2334	Transportation Code, as added by this section, not later than
2335	2335	September 1, 2010.
2336	2336	(c) This section takes effect September 1, 2009.
2337	2337	SECTION 74. Section 502.185, Transportation Code, is
2338	2338	transferred to Subchapter A, Chapter 502, Transportation Code,
2339	2339	renumbered as Section 502.010, Transportation Code, and amended to
2340	2340	read as follows:
2341	2341	Sec. 502.010 [502.185]. COUNTY SCOFFLAW [REFUSAL TO
2342	2342	REGISTER VEHICLE IN CERTAIN COUNTIES]. (a) A county
2343	2343	assessor-collector or the department may refuse to register a motor
2344	2344	vehicle if the assessor-collector or the department receives
2345	2345	information that the owner of the vehicle owes the county money for
2346	2346	a fine, fee, or tax that is past due.
2347	2347	(b) A county may contract with the department to provide
2348	2348	information to the department necessary to make a determination
2349	2349	under Subsection (a).
2350	2350	(c) A county that has a contract under Subsection (b) shall
2351	2351	notify the department regarding a person for whom the county
2352	2352	assessor-collector or the department has refused to register a
2353	2353	motor vehicle on:
2354	2354	(1) the person's payment or other means of discharge of
2355	2355	the past due fine, fee, or tax; or
2356	2356	(2) perfection of an appeal of the case contesting
2357	2357	payment of the fine, fee, or tax.
2358	2358	(d) After notice is received under Subsection (c), the
2359	2359	county assessor-collector or the department may not refuse to
2360	2360	register the motor vehicle under Subsection (a).
2361	2361	(e) A contract under Subsection (b) must be entered into in
2362	2362	accordance with Chapter 791, Government Code, and is subject to the
2363	2363	ability of the parties to provide or pay for the services required
2364	2364	under the contract.
2365	2365	(f) A county that has a contract under Subsection (b) may
2366	2366	impose an additional fee to a person paying a fine, fee, or tax to
2367	2367	the county after it is past due. The additional fee may be used only
2368	2368	to reimburse the department or the county for its expenses for
2369	2369	providing services under the contract.
2370	2370	(g) In this section:
2371	2371	(1) a fine, fee, or tax is considered past due if it is
2372	2372	unpaid 90 or more days after the date it is due; and
2373	2373	(2) registration of a motor vehicle includes renewal
2374	2374	of the registration of the vehicle.
2375	2375	(h) This section does not apply to the registration of a
2376	2376	motor vehicle under Section 501.0234, unless the vehicle is titled
2377	2377	and registered in the name of a person who holds a general
2378	2378	distinguishing number.
2379	2379	SECTION 75. The heading to Subchapter B, Chapter 502,
2380	2380	Transportation Code, is amended to read as follows:
2381	2381	SUBCHAPTER B. REGISTRATION REQUIREMENTS [STATE ADMINISTRATION]
2382	2382	SECTION 76. Section 502.002, Transportation Code, is
2383	2383	transferred to Subchapter B, Chapter 502, Transportation Code,
2384	2384	renumbered as Section 502.040, Transportation Code, and amended to
2385	2385	read as follows:
2386	2386	Sec. 502.040 [502.002]. REGISTRATION REQUIRED; GENERAL
2387	2387	RULE. (a) The owner of a motor vehicle, trailer, or semitrailer
2388	2388	shall apply for the registration of the vehicle for:
2389	2389	(1) each registration year in which the vehicle is
2390	2390	used or to be used on a public highway; and
2391	2391	(2) if the vehicle is unregistered for a registration
2392	2392	year that has begun and that applies to the vehicle and if the
2393	2393	vehicle is used or to be used on a public highway, the remaining
2394	2394	portion of that registration year.
2395	2395	(b) The application must be made in a manner prescribed by
2396	2396	[to] the department through the county assessor-collector of the
2397	2397	county in which the owner resides.
2398	2398	(c) A provision of this chapter that conflicts with this
2399	2399	section prevails over this section to the extent of the conflict.
2400	2400	(d) A county assessor-collector, a deputy county
2401	2401	assessor-collector, or a person acting on behalf of a county
2402	2402	assessor-collector is not liable to any person for:
2403	2403	(1) refusing to register a motor vehicle because of
2404	2404	the person's failure to submit evidence of residency that complies
2405	2405	with the department's rules; or
2406	2406	(2) registering a motor vehicle under this section.
2407	2407	SECTION 77. Section 502.157, Transportation Code, is
2408	2408	transferred to Subchapter B, Chapter 502, Transportation Code,
2409	2409	renumbered as Section 502.041, Transportation Code, and amended to
2410	2410	read as follows:
2411	2411	Sec. 502.041 [502.157]. INITIAL REGISTRATION. (a)
2412	2412	Notwithstanding Section 502.040 [502.002], [when a motor vehicle
2413	2413	must be registered before an application for a certificate of title
2414	2414	will be accepted,] the owner of a [the] vehicle may concurrently
2415	2415	apply for a [certificate of] title and for registration through the
2416	2416	county assessor-collector of the county in which:
2417	2417	(1) the owner resides; or
2418	2418	(2) the vehicle is purchased or encumbered.
2419	2419	(b) The first time an owner applies for registration of a
2420	2420	vehicle, the owner may demonstrate compliance with Section
2421	2421	502.046(a) [502.153(a)] as to the vehicle by showing proof of
2422	2422	financial responsibility in any manner specified in Section
2423	2423	502.046(c) [502.153(c)] as to:
2424	2424	(1) any vehicle of the owner; or
2425	2425	(2) any vehicle used as part of the consideration for
2426	2426	the purchase of the vehicle the owner applies to register.
2427	2427	SECTION 78. Section 502.152, Transportation Code, is
2428	2428	transferred to Subchapter B, Chapter 502, Transportation Code,
2429	2429	renumbered as Section 502.042, Transportation Code, and amended to
2430	2430	read as follows:
2431	2431	Sec. 502.042 [502.152]. [CERTIFICATE OF] TITLE REQUIRED
2432	2432	FOR REGISTRATION. [(a)] The department may not register or renew
2433	2433	the registration of a motor vehicle for which a [certificate of]
2434	2434	title is required under Chapter 501 unless the owner:
2435	2435	(1) obtains a [certificate of] title for the vehicle;
2436	2436	or
2437	2437	(2) presents satisfactory evidence that a
2438	2438	[certificate of] title was previously issued to the owner by the
2439	2439	department or another jurisdiction.
2440	2440	[(b) This section does not apply to an automobile that was
2441	2441	purchased new before January 1, 1936.]
2442	2442	SECTION 79. Section 502.151, Transportation Code, is
2443	2443	transferred to Subchapter B, Chapter 502, Transportation Code,
2444	2444	renumbered as Section 502.043, Transportation Code, and amended to
2445	2445	read as follows:
2446	2446	Sec. 502.043 [502.151]. APPLICATION FOR REGISTRATION.
2447	2447	(a) An application for vehicle registration must:
2448	2448	(1) be made in a manner prescribed and include the
2449	2449	information required [on a form furnished] by the department by
2450	2450	rule; and
2451	2451	(2) contain a [the] full description [name and address
2452	2452	of the owner] of the vehicle as required by department rule [;
2453	2453	[(3) contain a brief description of the vehicle;
2454	2454	[(4) contain any other information required by the
2455	2455	department; and
2456	2456	[(5) be signed by the owner].
2457	2457	(b) [For a new motor vehicle, the description of the vehicle
2458	2458	must include the vehicle's:
2459	2459	[(1) trade name;
2460	2460	[(2) year model;
2461	2461	[(3) style and type of body;
2462	2462	[(4) weight, if the vehicle is a passenger car;
2463	2463	[(5) net carrying capacity and gross weight, if the
2464	2464	vehicle is a commercial motor vehicle;
2465	2465	[(6) vehicle identification number; and
2466	2466	[(7) date of sale by the manufacturer or dealer to the
2467	2467	applicant.
2468	2468	[(c)] An applicant for registration of a commercial motor
2469	2469	vehicle, truck-tractor, trailer, or semitrailer must show
2470	2470	acceptable proof [deliver] to the county assessor-collector of [an
2471	2471	affidavit showing] the weight of the vehicle, the maximum load to be
2472	2472	carried on the vehicle, and the gross weight for which the vehicle
2473	2473	is to be registered. [The assessor-collector shall keep the
2474	2474	affidavit on file.]
2475	2475	(c) [(d)] In lieu of filing an application during a year as
2476	2476	provided by Subsection (a), the owner of a vehicle registered in any
2477	2477	state for that year or the preceding year may present the
2478	2478	registration receipt and transfer receipt, if any. The county
2479	2479	assessor-collector shall accept the receipt as an application for
2480	2480	renewal of the registration if the receipt indicates the applicant
2481	2481	owns the vehicle. This section allows issuance for registration
2482	2482	purposes only but does not authorize the department to issue a
2483	2483	certificate of title or record of title.
2484	2484	[(e) If an owner or claimed owner has lost or misplaced the
2485	2485	registration receipt or transfer receipt for the vehicle, the
2486	2486	county assessor-collector shall register the vehicle on the
2487	2487	person's furnishing to the assessor-collector satisfactory
2488	2488	evidence, by affidavit or otherwise, that the person owns the
2489	2489	vehicle.
2490	2490	[(f) A county assessor-collector shall date each
2491	2491	registration receipt issued for a vehicle with the date on which the
2492	2492	application for registration is made.]
2493	2493	SECTION 80. Section 502.158, Transportation Code, is
2494	2494	transferred to Subchapter B, Chapter 502, Transportation Code,
2495	2495	renumbered as Section 502.044, Transportation Code, and amended to
2496	2496	read as follows:
2497	2497	Sec. 502.044 [502.158]. REGISTRATION PERIOD [YEAR]. (a)
2498	2498	The department shall designate a vehicle registration year of 12
2499	2499	consecutive months to begin on the first day of a calendar month and
2500	2500	end on the last day of the 12th calendar month.
2501	2501	(b) The department shall designate vehicle registration
2502	2502	years so as to distribute the work of the department and the county
2503	2503	assessor-collectors as uniformly as possible throughout the year.
2504	2504	The department may establish separate registration years for any
2505	2505	vehicle or classification of vehicle and may adopt rules to
2506	2506	administer the year-round registration system.
2507	2507	(c) The department may designate a registration period of
2508	2508	less than 12 months to be [. The registration fee for a
2509	2509	registration period of less than 12 months is] computed at a rate of
2510	2510	one-twelfth the annual registration fee multiplied by the number of
2511	2511	months in the registration period. The department, by rule, may
2512	2512	allow payment of [may not designate a registration period of more
2513	2513	than 12 months, but:
2514	2514	[(1) with the consent of the department, an owner may
2515	2515	pay] registration fees for a designated period not to exceed 84 [of
2516	2516	more than 12] months [; and
2517	2517	[(2) an owner of a vehicle may pay registration fees
2518	2518	for a designated period of 12, 24, or 36 months.
2519	2519	[(d) An application for registration shall be made during
2520	2520	the two months preceding the date on which the registration
2521	2521	expires.
2522	2522	[(e) The fee to be paid for renewing a registration is the
2523	2523	fee that will be in effect on the first day of the vehicle
2524	2524	registration year].
2525	2525	(d) [(g)] The department shall issue [the applicant for
2526	2526	registration who pays registration fees for a designated period of
2527	2527	24 or 36 months] a registration receipt and registration insignia
2528	2528	that are valid until the expiration of the designated period.
2529	2529	SECTION 81. Section 502.176, Transportation Code, is
2530	2530	transferred to Subchapter B, Chapter 502, Transportation Code,
2531	2531	renumbered as Section 502.045, Transportation Code, and amended to
2532	2532	read as follows:
2533	2533	Sec. 502.045 [502.176]. DELINQUENT REGISTRATION. (a) A
2534	2534	registration fee [prescribed by this chapter] for a vehicle becomes
2535	2535	delinquent immediately if the vehicle is used on a public highway
2536	2536	without the fee having been paid in accordance with this chapter.
2537	2537	(b) An [A county assessor-collector that determines that
2538	2538	an] applicant for registration who provides [for which payment of
2539	2539	the registration fee is delinquent has provided] evidence
2540	2540	acceptable to the assessor-collector [sufficient] to establish
2541	2541	good reason for delinquent registration and who [that the
2542	2542	application] complies with the other requirements for registration
2543	2543	under this chapter may [shall] register the vehicle for a 12-month
2544	2544	period that ends on the last day of the 11th month after the month in
2545	2545	which the registration occurs under this subsection. The
2546	2546	registration period for vehicles registered in accordance with
2547	2547	Sections 502.255, 502.431, 502.435, 502.454, 504.401, 504.505,
2548	2548	504.515, and 504.613 [502.164, 502.167, 502.203, 502.255, 502.267,
2549	2549	502.277, 502.278, 502.293, as added by Chapter 1222, Acts of the
2550	2550	75th Legislature, Regular Session, 1997, and 502.295, as added by
2551	2551	Chapter 625, Acts of the 75th Legislature, Regular Session, 1997,]
2552	2552	will end on the annual registration date, and the registration fees
2553	2553	will be prorated.
2554	2554	(c) A county assessor-collector that determines that an
2555	2555	applicant for registration who [that] is delinquent and has not
2556	2556	provided evidence acceptable [to the assessor-collector
2557	2557	sufficient] to establish good reason for delinquent registration
2558	2558	but who [that the application] complies with the other requirements
2559	2559	for registration under this chapter shall register the vehicle for
2560	2560	a 12-month period without changing the initial month of
2561	2561	registration.
2562	2562	(d) A person who has been arrested or received a citation
2563	2563	for a violation of Section 502.472 [502.402] may register the
2564	2564	vehicle being operated at the time of the offense [with the county
2565	2565	assessor-collector] for a 12-month period without change to the
2566	2566	initial month of registration only if the person:
2567	2567	(1) meets the other requirements for registration
2568	2568	under this chapter; and
2569	2569	(2) pays an additional charge equal to 20 percent of
2570	2570	the prescribed fee.
2571	2571	(e) The department by rule [county assessor-collector]
2572	2572	shall adopt a list of evidentiary items sufficient to establish
2573	2573	good reason for delinquent registration under Subsection (b) and
2574	2574	provide for the [forms of] evidence that may be used to establish
2575	2575	good reason under that subsection. [The list of evidentiary items
2576	2576	adopted under this section must allow for delinquent registration
2577	2577	under Subsection (b) because of:
2578	2578	[(1) extensive repairs on the vehicle;
2579	2579	[(2) the absence of the owner of the vehicle from this
2580	2580	country;
2581	2581	[(3) seasonal use of the vehicle; or
2582	2582	[(4) any other reason determined by the
2583	2583	assessor-collector to be a valid explanation for the delinquent
2584	2584	registration.]
2585	2585	(f) The department by rule shall adopt procedures to
2586	2586	implement this section in connection with the delinquent
2587	2587	registration of a vehicle registered directly with the department.
2588	2588	SECTION 82. Section 502.153, Transportation Code, is
2589	2589	transferred to Subchapter B, Chapter 502, Transportation Code,
2590	2590	renumbered as Section 502.046, Transportation Code, and amended to
2591	2591	read as follows:
2592	2592	Sec. 502.046 [502.153]. EVIDENCE OF FINANCIAL
2593	2593	RESPONSIBILITY. (a) Evidence [Except as provided by Subsection
2594	2594	(j), the owner of a motor vehicle, other than a trailer or
2595	2595	semitrailer, for which evidence] of financial responsibility as
2596	2596	[is] required by Section 601.051 other than for a trailer or
2597	2597	semitrailer [or a person who represents the owner for purposes of
2598	2598	registering a motor vehicle] shall be submitted [submit evidence of
2599	2599	financial responsibility] with the application for registration
2600	2600	under Section 502.043 [502.151]. A county assessor-collector may
2601	2601	not register the motor vehicle unless the owner or the owner's
2602	2602	representative submits the evidence of financial responsibility.
2603	2603	(b) The county assessor-collector shall examine the
2604	2604	evidence of financial responsibility to determine whether it
2605	2605	complies with Subsection (c). After examination, [examining] the
2606	2606	evidence [, the assessor-collector] shall be returned [return the
2607	2607	evidence] unless it is in the form of a photocopy or an electronic
2608	2608	submission.
2609	2609	(c) In this section, evidence of financial responsibility
2610	2610	may be:
2611	2611	(1) a document listed under Section 601.053(a) or
2612	2612	verified in compliance with Section 601.452, as added by Chapter
2613	2613	892, Acts of the 79th Legislature, Regular Session, 2005;
2614	2614	(2) a liability self-insurance or pool coverage
2615	2615	document issued by a political subdivision or governmental pool
2616	2616	under the authority of Chapter 791, Government Code, Chapter 119,
2617	2617	Local Government Code, or other applicable law in at least the
2618	2618	minimum amounts required by Chapter 601;
2619	2619	(3) a photocopy of a document described by Subdivision
2620	2620	(1) or (2); or
2621	2621	(4) an electronic submission of a document or the
2622	2622	information contained in a document described by Subdivision (1) or
2623	2623	(2).
2624	2624	(d) A personal automobile policy used as evidence of
2625	2625	financial responsibility under this section must comply with
2626	2626	Section 1952.052 et seq. and Sections 2301.051 through 2301.055
2627	2627	[Article 5.06 or 5.145], Insurance Code.
2628	2628	(e) At the time of registration, the county
2629	2629	assessor-collector shall provide to a person registering a motor
2630	2630	vehicle a [separate] statement that the motor vehicle [being
2631	2631	registered] may not be operated in this state unless:
2632	2632	(1) liability insurance coverage for the motor vehicle
2633	2633	in at least the minimum amounts required by law remains in effect to
2634	2634	insure against potential losses; or
2635	2635	(2) the motor vehicle is exempt from the insurance
2636	2636	requirement because the person has established financial
2637	2637	responsibility in a manner described by Sections [Section]
2638	2638	601.051(2)-(5) or is exempt under Section 601.052.
2639	2639	(f) A county assessor-collector is not liable to any person
2640	2640	for refusing to register a motor vehicle to which this section
2641	2641	applies because of the person's failure to submit evidence of
2642	2642	financial responsibility that complies with Subsection (c).
2643	2643	(g) A county, a county assessor-collector, a deputy county
2644	2644	assessor-collector, a person acting for or on behalf of a county or
2645	2645	a county assessor-collector, or a person acting on behalf of an
2646	2646	owner for purposes of registering a motor vehicle is not liable to
2647	2647	any person for registering a motor vehicle under this section.
2648	2648	(h) This section does not prevent a person from registering
2649	2649	a motor vehicle by mail or through an electronic submission.
2650	2650	(i) To be valid under this section, an electronic submission
2651	2651	must be in a format that is:
2652	2652	(1) submitted by electronic means, including a
2653	2653	telephone, facsimile machine, or computer;
2654	2654	(2) approved by the department; and
2655	2655	(3) authorized by the commissioners court for use in
2656	2656	the county.
2657	2657	(j) This section does not apply to a vehicle registered
2658	2658	pursuant to Section 501.0234.
2659	2659	SECTION 83. Section 502.009, Transportation Code, is
2660	2660	transferred to Subchapter B, Chapter 502, Transportation Code,
2661	2661	renumbered as Section 502.047, Transportation Code, and amended to
2662	2662	read as follows:
2663	2663	Sec. 502.047 [502.009]. MOTOR VEHICLE EMISSIONS
2664	2664	INSPECTION AND MAINTENANCE REQUIREMENTS. (a) The Department of
2665	2665	Public Safety shall ensure compliance with the motor vehicle
2666	2666	emissions inspection and maintenance program through a vehicle
2667	2667	inspection sticker-based enforcement system except as provided by
2668	2668	this section or Section 548.3011. Subsections (b)-(e) apply only
2669	2669	if the United States Environmental Protection Agency determines
2670	2670	that the state has not demonstrated, as required by 40 C.F.R.
2671	2671	Section 51.361, that sticker-based enforcement of the program is
2672	2672	more effective than registration-based enforcement and gives the
2673	2673	Texas [Natural Resource Conservation] Commission on Environmental
2674	2674	Quality or the governor written notification that the
2675	2675	reregistration-based enforcement of the program, as described by
2676	2676	those subsections, will be required. If Subsections (b)-(e) are
2677	2677	made applicable as provided by this subsection, the department
2678	2678	shall terminate reregistration-based enforcement of the program
2679	2679	under those subsections on the date the United States Environmental
2680	2680	Protection Agency gives the Texas [Natural Resource Conservation]
2681	2681	Commission on Environmental Quality or a person the commission
2682	2682	designates written notification that reregistration-based
2683	2683	enforcement is not required for the state implementation plan.
2684	2684	(b) A [The department may not register a] motor vehicle may
2685	2685	not be registered if the department receives from the Texas
2686	2686	[Natural Resource Conservation] Commission on Environmental
2687	2687	Quality or the Department of Public Safety notification that the
2688	2688	registered owner of the vehicle has not complied with Subchapter F,
2689	2689	Chapter 548.
2690	2690	(c) A motor vehicle [The county tax assessor-collector] may
2691	2691	not be registered if the [register a] vehicle was denied
2692	2692	registration under Subsection (b) unless [the tax
2693	2693	assessor-collector has] verification is received that the
2694	2694	registered vehicle owner is in compliance with Subchapter F,
2695	2695	Chapter 548.
2696	2696	(d) The department, the Texas [Natural Resource
2697	2697	Conservation] Commission on Environmental Quality, and the
2698	2698	Department of Public Safety shall enter an agreement regarding the
2699	2699	responsibilities for costs associated with implementing this
2700	2700	section.
2701	2701	(e) A county tax assessor-collector is not liable to any
2702	2702	person for refusing to register a motor vehicle because of the
2703	2703	person's failure to provide verification of the person's compliance
2704	2704	with Subchapter F, Chapter 548.
2705	2705	SECTION 84. Section 502.005, Transportation Code, is
2706	2706	transferred to Subchapter B, Chapter 502, Transportation Code,
2707	2707	renumbered as Section 502.048, Transportation Code, and amended to
2708	2708	read as follows:
2709	2709	Sec. 502.048 [502.005]. REFUSAL TO REGISTER UNSAFE
2710	2710	VEHICLE. [(a)] The department may refuse to register a motor
2711	2711	vehicle and may cancel, suspend, or revoke a registration if the
2712	2712	department determines that a motor vehicle is unsafe, improperly
2713	2713	equipped, or otherwise unfit to be operated on a public highway.
2714	2714	[(b) The department may refuse to register a motorcycle and
2715	2715	may suspend or revoke the registration of a motorcycle if the
2716	2716	department determines that the motorcycle's braking system does not
2717	2717	comply with Section 547.408.]
2718	2718	SECTION 85. Section 502.055(b), Transportation Code, is
2719	2719	amended to read as follows:
2720	2720	(b) The department may require an applicant for
2721	2721	registration under this chapter to provide the department with
2722	2722	evidence of:
2723	2723	(1) the manufacturer's rated carrying capacity for the
2724	2724	vehicle; or
2725	2725	(2) [the nominal tonnage rating of the vehicle;
2726	2726	[(3)] the gross vehicle weight rating [of the vehicle;
2727	2727	or
2728	2728	[(4) any combination of information described in
2729	2729	Subdivisions (1)-(3)].
2730	2730	SECTION 86. Section 502.178, Transportation Code, is
2731	2731	transferred to Subchapter B, Chapter 502, Transportation Code,
2732	2732	renumbered as Section 502.057, Transportation Code, and amended to
2733	2733	read as follows:
2734	2734	Sec. 502.057 [502.178]. REGISTRATION RECEIPT. [(a)] The
2735	2735	department shall issue or require to be issued to the owner of a
2736	2736	vehicle registered under this chapter a registration receipt
2737	2737	showing the information required by rule [:
2738	2738	[(1) the date of issuance;
2739	2739	[(2) the license number assigned to the vehicle;
2740	2740	[(3) the name and address of the owner; and
2741	2741	[(4) other information as determined by the
2742	2742	department.
2743	2743	[(b) The registration receipt issued for a commercial motor
2744	2744	vehicle, truck-tractor, trailer, or semitrailer must show the gross
2745	2745	weight for which the vehicle is registered].
2746	2746	SECTION 87. Section 502.179, Transportation Code, is
2747	2747	transferred to Subchapter B, Chapter 502, Transportation Code,
2748	2748	renumbered as Section 502.058, Transportation Code, and amended to
2749	2749	read as follows:
2750	2750	Sec. 502.058 [502.179]. DUPLICATE REGISTRATION RECEIPT.
2751	2751	(a) The owner of a vehicle for which the registration receipt has
2752	2752	been lost or destroyed may obtain a duplicate receipt from the
2753	2753	department or the county assessor-collector who issued the original
2754	2754	receipt by paying a fee of $2.
2755	2755	(b) The office issuing a duplicate receipt shall retain the
2756	2756	fee received [as a fee of office].
2757	2757	SECTION 88. Section 502.180, Transportation Code, is
2758	2758	transferred to Subchapter B, Chapter 502, Transportation Code,
2759	2759	renumbered as Section 502.059, Transportation Code, and amended to
2760	2760	read as follows:
2761	2761	Sec. 502.059 [502.180]. ISSUANCE OF [LICENSE PLATE OR]
2762	2762	REGISTRATION INSIGNIA. (a) On payment of the prescribed fee [,
2763	2763	the department shall issue to] an applicant for motor vehicle
2764	2764	registration shall be issued a [license plate or set of plates or a
2765	2765	device that, when attached to the vehicle as prescribed by the
2766	2766	department, is the] registration insignia [for the period for which
2767	2767	it was issued].
2768	2768	(b) [Subject to Subchapter I, the department shall issue
2769	2769	only one license plate or set of plates for a vehicle during a
2770	2770	five-year period.
2771	2771	[(c)] On application and payment of the prescribed fee for a
2772	2772	renewal of the registration of a vehicle through the seventh [for
2773	2773	the first, second, third, or fourth] registration year after the
2774	2774	issuance of a license plate or set of plates for the vehicle, the
2775	2775	department shall issue a registration insignia for the validation
2776	2776	of the license plate or plates to be attached as provided by
2777	2777	Subsection (c) [(d)].
2778	2778	(c) [(d)] Except as provided by Subsection (f) [(h)], the
2779	2779	registration insignia for validation of a license plate shall be
2780	2780	attached to the inside of the vehicle's windshield, if the vehicle
2781	2781	has a windshield, within six inches of the place where the motor
2782	2782	vehicle inspection sticker is required to be placed. If the vehicle
2783	2783	does not have a windshield, the owner, when applying for
2784	2784	registration or renewal of registration, shall notify the
2785	2785	department, and the department shall issue a distinctive device for
2786	2786	attachment to the rear license plate of the vehicle.
2787	2787	(d) Department [(e) The department shall adopt rules for
2788	2788	the issuance and use of license plates and registration insignia
2789	2789	issued under this chapter. The] rules may provide for the use of an
2790	2790	automated registration process, including:
2791	2791	(1) the automated on-site production of registration
2792	2792	insignia; and
2793	2793	(2) automated on-premises and off-premises
2794	2794	self-service registration.
2795	2795	(e) Subsection (c) does [(f) Subsections (b)-(d) do] not
2796	2796	apply to:
2797	2797	(1) the issuance of specialized license plates as
2798	2798	designated by the department, including state official license
2799	2799	plates, exempt plates for governmental entities, and temporary
2800	2800	registration plates; or
2801	2801	(2) the issuance or validation of replacement license
2802	2802	plates, except as provided by Chapter 504 [Section 502.184].
2803	2803	(f) [(g) The department shall provide a separate and
2804	2804	distinctive tab to be affixed to the license plate of an automobile,
2805	2805	pickup, or recreational vehicle that is offered for rent, as a
2806	2806	business, to any part of the public.
2807	2807	[(h)] The registration insignia [for validation of a
2808	2808	license plate] shall be attached to the rear license plate of the
2809	2809	vehicle, if the vehicle is:
2810	2810	(1) a motorcycle;
2811	2811	(2) machinery used exclusively to drill water wells or
2812	2812	construction machinery for which a distinguishing license plate has
2813	2813	been issued under Section 502.146 [504.504]; or
2814	2814	(3) oil well servicing, oil clean out, or oil well
2815	2815	drilling machinery or equipment for which a distinguishing license
2816	2816	plate has been issued under Subchapter G, Chapter 623.
2817	2817	SECTION 89. Section 502.184, Transportation Code, is
2818	2818	transferred to Subchapter B, Chapter 502, Transportation Code,
2819	2819	renumbered as Section 502.060, Transportation Code, and amended to
2820	2820	read as follows:
2821	2821	Sec. 502.060 [502.184]. REPLACEMENT OF [LOST, STOLEN, OR
2822	2822	MUTILATED LICENSE PLATE OR] REGISTRATION INSIGNIA. (a) The owner
2823	2823	of a registered motor vehicle may obtain from the department
2824	2824	through the county assessor-collector [replacement license plates
2825	2825	or] a replacement registration insignia by:
2826	2826	(1) certifying [filing with the assessor-collector a
2827	2827	statement:
2828	2828	[(A) showing] that [one or both of the license
2829	2829	plates or] the registration insignia to be replaced has been lost,
2830	2830	stolen, or mutilated[;] and
2831	2831	[(B) stating] that the replacement [no license
2832	2832	plate or] registration insignia [to be replaced] will not be used on
2833	2833	any other vehicle owned or operated by the person making the
2834	2834	statement;
2835	2835	(2) paying a fee of $5 plus the fees required by
2836	2836	Sections 502.356(a) [502.170(a)] and 502.360 [502.1705(a)] for
2837	2837	[each set of replacement license plates or] each replacement
2838	2838	registration insignia, unless specified in other law [except as
2839	2839	provided by Subsection (b), (c), or (i)]; and
2840	2840	(3) returning [to] the [assessor-collector each
2841	2841	replaced plate or] registration insignia in the owner's possession.
2842	2842	(b) A [No] fee is not required under this section if the
2843	2843	replacement fee has been paid under Section 504.008. [for the
2844	2844	replacement of lost, stolen, or mutilated specialized license
2845	2845	plates issued under Sections 504.308 and 504.315(e) and (f). The
2846	2846	fee for replacement of certain specialized license plates is:
2847	2847	[License plates issued under: Fee: [License plates issued under: Fee:
2848	2848	[License plates issued under: Fee:
2849	2849	[Section 504.411 $2 [Section 504.411 $2
2850	2850	[Section 504.411 $2
2851	2851	[Section 504.409 $9] [Section 504.409 $9]
2852	2852	[Section 504.409 $9]
2853	2853	(c) The fee for replacement of a registration insignia of
2854	2854	all other specialized license plates issued under this chapter
2855	2855	[Section 504.507] is the amount prescribed by the department as
2856	2856	necessary to recover the cost of providing the replacement
2857	2857	[plates].
2858	2858	(d) [If license plates approved under Section 504.501(b) or
2859	2859	504.502(c) are lost, stolen, or mutilated, the owner of the vehicle
2860	2860	may obtain approval of another set of license plates as provided by
2861	2861	Section 504.501 or 504.502, respectively. The fee for approval of
2862	2862	replacement license plates is $5.
2863	2863	[(e)] A county assessor-collector may not issue
2864	2864	[replacement license plates or a] replacement registration
2865	2865	insignia without complying with this section.
2866	2866	(e) [(f)] A county assessor-collector shall retain $2.50 of
2867	2867	each fee collected under this section and shall report and send the
2868	2868	remainder to the department [as provided by Sections 502.102 and
2869	2869	502.105].
2870	2870	[(g) Replacement license plates may be used in the
2871	2871	registration year in which the plates are issued and during each
2872	2872	succeeding year of the five-year period as prescribed by Section
2873	2873	502.180(b) if the registration insignia is properly attached.
2874	2874	[(h) Subsection (g) does not apply to the issuance of
2875	2875	specialized license plates as designated by the department,
2876	2876	including state official license plates, exempt plates for
2877	2877	governmental entities, and temporary registration plates.
2878	2878	[(i) The owner of a vehicle listed in Section 502.180(h) may
2879	2879	obtain replacement plates and a replacement registration insignia
2880	2880	by paying a fee of $5 plus the fees required by Sections 502.170(a)
2881	2881	and 502.1705(a).]
2882	2882	SECTION 90. The heading to Subchapter C, Chapter 502,
2883	2883	Transportation Code, is amended to read as follows:
2884	2884	SUBCHAPTER C. SPECIAL REGISTRATIONS [COUNTY ADMINISTRATION]
2885	2885	SECTION 91. Section 502.0025, Transportation Code, is
2886	2886	transferred to Subchapter C, Chapter 502, Transportation Code, and
2887	2887	renumbered as Section 502.090, Transportation Code, to read as
2888	2888	follows:
2889	2889	Sec. 502.090 [502.0025]. EFFECT OF CERTAIN MILITARY
2890	2890	SERVICE ON REGISTRATION REQUIREMENT. (a) This section applies
2891	2891	only to a motor vehicle that is owned by a person who:
2892	2892	(1) is a resident of this state;
2893	2893	(2) is on active duty in the armed forces of the United
2894	2894	States;
2895	2895	(3) is stationed in or has been assigned to another
2896	2896	nation under military orders; and
2897	2897	(4) has registered the vehicle or been issued a
2898	2898	license for the vehicle under the applicable status of forces
2899	2899	agreement by:
2900	2900	(A) the appropriate branch of the armed forces of
2901	2901	the United States; or
2902	2902	(B) the nation in which the person is stationed
2903	2903	or to which the person has been assigned.
2904	2904	(b) Unless the registration or license issued for a vehicle
2905	2905	described by Subsection (a) is suspended, canceled, or revoked by
2906	2906	this state as provided by law:
2907	2907	(1) Section 502.040(a) [502.002(a)] does not apply;
2908	2908	and
2909	2909	(2) the registration or license issued by the armed
2910	2910	forces or host nation remains valid and the motor vehicle may be
2911	2911	operated in this state under that registration or license for a
2912	2912	period of not more than 90 days after the date on which the vehicle
2913	2913	returns to this state.
2914	2914	SECTION 92. Section 502.054, Transportation Code, is
2915	2915	transferred to Subchapter C, Chapter 502, Transportation Code,
2916	2916	renumbered as Section 502.091, Transportation Code, and amended to
2917	2917	read as follows:
2918	2918	Sec. 502.091 [502.054]. INTERNATIONAL REGISTRATION PLAN
2919	2919	[AGREEMENTS WITH OTHER JURISDICTIONS; OFFENSE]. (a) The
2920	2920	department, through its director, may enter into an agreement with
2921	2921	an authorized officer of another jurisdiction, including another
2922	2922	state of the United States, a foreign country or a state, province,
2923	2923	territory, or possession of a foreign country, to provide for:
2924	2924	(1) the registration of vehicles by residents of this
2925	2925	state and nonresidents on an allocation or mileage apportionment
2926	2926	plan, as under the International Registration Plan; and
2927	2927	(2) the exemption from payment of registration fees by
2928	2928	nonresidents if residents of this state are granted reciprocal
2929	2929	exemptions.
2930	2930	(b) The department may adopt and enforce rules to carry out
2931	2931	the International Registration Plan or other agreement under this
2932	2932	section.
2933	2933	(c) To carry out the International Registration Plan or
2934	2934	other agreement under this section, the department shall direct
2935	2935	that fees collected for other jurisdictions under the agreement be
2936	2936	deposited to the credit of the proportional registration
2937	2937	distributive fund in the state treasury and distributed to the
2938	2938	appropriate jurisdiction through that fund.
2939	2939	(d) This section prevails to the extent of conflict with
2940	2940	another law relating to the subject of this section.
2941	2941	(e) A person commits an offense if the person owns or
2942	2942	operates a vehicle not registered in this state in violation of:
2943	2943	(1) an agreement under this section; or
2944	2944	(2) the applicable registration laws of this state, in
2945	2945	the absence of an agreement under this section.
2946	2946	(f) An offense under Subsection (e) is a misdemeanor
2947	2947	punishable by a fine not to exceed $200.
2948	2948	SECTION 93. Section 502.355, Transportation Code, is
2949	2949	transferred to Subchapter C, Chapter 502, Transportation Code,
2950	2950	renumbered as Section 502.092, Transportation Code, and amended to
2951	2951	read as follows:
2952	2952	Sec. 502.092 [502.355]. NONRESIDENT-OWNED VEHICLES USED TO
2953	2953	TRANSPORT FARM PRODUCTS [; OFFENSE]. (a) The department may issue
2954	2954	to a nonresident owner a permit for a truck, truck-tractor,
2955	2955	trailer, or semitrailer that:
2956	2956	(1) is registered in the owner's home state or country;
2957	2957	and
2958	2958	(2) will be used to transport:
2959	2959	(A) farm products produced in this state from the
2960	2960	place of production to a place of market or storage or a railhead
2961	2961	that is not more than 75 miles from the place of production;
2962	2962	(B) machinery used to harvest farm products
2963	2963	produced in this state; or
2964	2964	(C) farm products produced outside this state
2965	2965	from the point of entry into this state to a place of market,
2966	2966	storage, or processing or a railhead or seaport that is not more
2967	2967	than 80 miles from the point of entry.
2968	2968	(b) The department shall issue a distinguishing insignia
2969	2969	for a vehicle issued a permit under this section. The insignia must
2970	2970	be attached to the vehicle in lieu of regular license plates and
2971	2971	must show the permit expiration date. A permit issued under this
2972	2972	section is valid until the earlier of:
2973	2973	(1) the date the vehicle's registration in the owner's
2974	2974	home state or country expires; or
2975	2975	(2) the 30th day after the date the permit is issued.
2976	2976	(c) A person may obtain a permit under this section by:
2977	2977	(1) applying to the department as [on a form]
2978	2978	prescribed by the department;
2979	2979	(2) paying a fee equal to 1/12 the registration fee
2980	2980	prescribed by this chapter for the vehicle;
2981	2981	(3) furnishing satisfactory evidence that the motor
2982	2982	vehicle is insured under an insurance policy that complies with
2983	2983	Section 601.072 and that is written by:
2984	2984	(A) an insurance company or surety company
2985	2985	authorized to write motor vehicle liability insurance in this
2986	2986	state; or
2987	2987	(B) with the department's approval, a surplus
2988	2988	lines insurer that meets the requirements of Chapter 981, Insurance
2989	2989	Code, and rules adopted by the commissioner of insurance under that
2990	2990	chapter, if the applicant is unable to obtain insurance from an
2991	2991	insurer described by Paragraph (A); and
2992	2992	(4) furnishing evidence that the vehicle has been
2993	2993	inspected as required under Chapter 548.
2994	2994	(d) A nonresident owner may not obtain more than three
2995	2995	permits under this section during a registration year.
2996	2996	(e) A vehicle for which a permit is issued under this
2997	2997	section may not be operated in this state after the permit expires
2998	2998	unless the owner:
2999	2999	(1) obtains another temporary permit; or
3000	3000	(2) registers the vehicle under Section 502.253,
3001	3001	502.254, 502.256 [502.162, 502.165, 502.166], or 502.255
3002	3002	[502.167], as appropriate, for the remainder of the registration
3003	3003	year.
3004	3004	(f) A vehicle for which a permit is issued under this
3005	3005	section may not be registered under Section 502.433 [502.163].
3006	3006	(g) A mileage referred to in this section is a state highway
3007	3007	mileage.
3008	3008	[(h) A person operating a vehicle under a permit issued
3009	3009	under this section commits an offense if the person:
3010	3010	[(1) transports farm products to a place of market,
3011	3011	storage, or processing or a railhead or seaport that is farther from
3012	3012	the place of production or point of entry, as appropriate, than the
3013	3013	distance provided for in the permit; or
3014	3014	[(2) follows a route other than that prescribed by the
3015	3015	Texas Transportation Commission.
3016	3016	[(i) An offense under Subsection (h) is a misdemeanor
3017	3017	punishable by a fine of not less than $25 or more than $200.]
3018	3018	SECTION 94. Section 502.353, Transportation Code, is
3019	3019	transferred to Subchapter C, Chapter 502, Transportation Code,
3020	3020	renumbered as Section 502.093, Transportation Code, and amended to
3021	3021	read as follows:
3022	3022	Sec. 502.093 [502.353]. [FOREIGN COMMERCIAL VEHICLES;]
3023	3023	ANNUAL PERMITS [; OFFENSE]. (a) The department may issue an annual
3024	3024	permit in lieu of registration to a foreign commercial motor
3025	3025	vehicle, trailer, or semitrailer that [:
3026	3026	[(1)] is subject to registration in this state [;] and
3027	3027	[(2)] is not authorized to travel on a public highway
3028	3028	because of the lack of registration in this state or the lack of
3029	3029	reciprocity with the state or country in which the vehicle is
3030	3030	registered.
3031	3031	(b) A permit issued under this section [:
3032	3032	[(1) is in lieu of registration; and
3033	3033	[(2)] is valid for a vehicle registration year to
3034	3034	begin on the first day of a calendar month designated by the
3035	3035	department and end on the last day of the last calendar month of the
3036	3036	registration year.
3037	3037	(c) A permit may not be issued under this section for the
3038	3038	importation of citrus fruit into this state from a foreign country
3039	3039	except for foreign export or processing for foreign export.
3040	3040	(d) A person may obtain a permit under this section by:
3041	3041	(1) applying in the manner prescribed by [to] the
3042	3042	department;
3043	3043	(2) paying a registration fee in the amount required
3044	3044	by Subsection (e) in the manner prescribed by the department,
3045	3045	including a service charge for a credit card payment or escrow
3046	3046	account [cash or by postal money order or certified check]; and
3047	3047	(3) furnishing evidence of financial responsibility
3048	3048	for the motor vehicle that complies with Sections 502.046(c)
3049	3049	[502.153(c)] and 601.168(a), the policies to be written by an
3050	3050	insurance company or surety company authorized to write motor
3051	3051	vehicle liability insurance in this state.
3052	3052	(e) The fee for a permit under this section is the fee that
3053	3053	would be required for registering the vehicle under Section 502.253
3054	3054	[502.162] or 502.255 [502.167], except as provided by Subsection
3055	3055	(f).
3056	3056	(f) A vehicle registered under this section is exempt from
3057	3057	the token fee and is not required to display the associated
3058	3058	distinguishing license plate if the vehicle:
3059	3059	(1) is a semitrailer that has a gross weight of more
3060	3060	than 6,000 pounds; and
3061	3061	(2) is used or intended to be used in combination with
3062	3062	a truck tractor or commercial motor vehicle with a gross vehicle
3063	3063	weight [manufacturer's rated carrying capacity] of more than 10,000
3064	3064	pounds [one ton].
3065	3065	(g) A vehicle registered under this section is not subject
3066	3066	to the fee required by Section 502.401 [502.172] or 502.403
3067	3067	[502.173].
3068	3068	[(h) The department may:
3069	3069	[(1) adopt rules to administer this section; and
3070	3070	[(2) prescribe an application for a permit and other
3071	3071	forms under this section.
3072	3072	[(i) A person who violates this section commits an offense.
3073	3073	An offense under this section is a misdemeanor punishable by a fine
3074	3074	not to exceed $200.]
3075	3075	SECTION 95. Section 502.352, Transportation Code, is
3076	3076	transferred to Subchapter C, Chapter 502, Transportation Code,
3077	3077	renumbered as Section 502.094, Transportation Code, and amended to
3078	3078	read as follows:
3079	3079	Sec. 502.094 [502.352]. 72- OR 144-HOUR PERMITS [FOREIGN
3080	3080	COMMERCIAL VEHICLES]. (a) The department may issue a temporary
3081	3081	registration permit in lieu of registration for a commercial motor
3082	3082	vehicle, trailer, semitrailer, or motor bus that:
3083	3083	(1) is owned by a resident of the United States,
3084	3084	Canada, or the United Mexican States;
3085	3085	(2) is subject to registration in this state; and
3086	3086	(3) is not authorized to travel on a public highway
3087	3087	because of the lack of registration in this state or the lack of
3088	3088	reciprocity with the state or province in which the vehicle is
3089	3089	registered.
3090	3090	(b) A permit issued under this section [:
3091	3091	[(1) is in lieu of registration; and
3092	3092	[(2)] is valid for the period stated on the permit,
3093	3093	effective from the date and time shown on the receipt issued as
3094	3094	evidence of registration under this section.
3095	3095	(c) A person may obtain a permit under this section by:
3096	3096	(1) applying to the county assessor-collector, the
3097	3097	department, or the department's wire service agent, if the
3098	3098	department has a wire service agent;
3099	3099	(2) paying a fee of $25 for a 72-hour permit or $50 for
3100	3100	a 144-hour permit in the manner prescribed by the department that
3101	3101	may include a registration service charge for a credit card payment
3102	3102	or escrow account [:
3103	3103	[(A) in cash;
3104	3104	[(B) by postal money order;
3105	3105	[(C) by certified check;
3106	3106	[(D) by wire transfer through the department's
3107	3107	wire service agent, if any;
3108	3108	[(E) by an escrow account; or
3109	3109	[(F) where the service is provided, by a credit
3110	3110	card issued by:
3111	3111	[(i) a financial institution chartered by a
3112	3112	state or the United States; or
3113	3113	[(ii) a nationally recognized credit
3114	3114	organization approved by the Texas Transportation Commission;
3115	3115	[(3) paying a discount or service charge for a credit
3116	3116	card payment or escrow account, in addition to the fee]; and
3117	3117	(3) [(4)] furnishing to the county
3118	3118	assessor-collector, the department, or the department's wire
3119	3119	service agent, evidence of financial responsibility for the vehicle
3120	3120	that complies with Sections 502.046(c) [502.153(c)] and 601.168(a)
3121	3121	[and is written by an insurance company or surety company
3122	3122	authorized to write motor vehicle liability insurance in this
3123	3123	state].
3124	3124	(d) A county assessor-collector shall report and send a fee
3125	3125	collected under this section in the manner provided by Section
3126	3126	502.198 [Sections 502.102 and 502.105]. Each week, a wire service
3127	3127	agent shall send to the department a report of all permits issued by
3128	3128	the agent during the previous week. The department by rule shall
3129	3129	prescribe the format [form] and content of a report required by this
3130	3130	subsection.
3131	3131	(e) [The department may:
3132	3132	[(1) adopt rules to administer this section; and
3133	3133	[(2) prescribe an application for a permit and other
3134	3134	forms under this section.
3135	3135	[(f)] A vehicle issued a permit under this section is
3136	3136	subject to Subchapters B and F, Chapter 548, unless the vehicle:
3137	3137	(1) is registered in another state of the United
3138	3138	States, in a province of Canada, or in a state of the United Mexican
3139	3139	States; or
3140	3140	(2) is mobile drilling or servicing equipment used in
3141	3141	the production of gas, crude petroleum, or oil, including a mobile
3142	3142	crane or hoisting equipment, mobile lift equipment, forklift, or
3143	3143	tug.
3144	3144	(f) [(g)] A commercial motor vehicle, trailer, semitrailer,
3145	3145	or motor bus apprehended for violating a registration law of this
3146	3146	state:
3147	3147	(1) may not be issued a permit under this section; and
3148	3148	(2) is immediately subject to registration in this
3149	3149	state.
3150	3150	(g) [(h)] A person who operates a commercial motor vehicle,
3151	3151	trailer, or semitrailer with an expired permit issued under this
3152	3152	section is considered to be operating an unregistered vehicle
3153	3153	subject to each penalty prescribed by law.
3154	3154	(h) [(i)] The department may establish one or more escrow
3155	3155	accounts in the state highway fund for the prepayment of a 72-hour
3156	3156	permit or a 144-hour permit. Any fee established by the department
3157	3157	for the administration of this subsection shall be administered as
3158	3158	required by an agreement entered into by the department.
3159	3159	(i) The department may refuse and may instruct a county
3160	3160	assessor-collector to refuse to issue a temporary registration for
3161	3161	any vehicle if, in the department's opinion, the vehicle or the
3162	3162	owner of the vehicle has been involved in operations that
3163	3163	constitute an abuse of the privilege granted by this section. A
3164	3164	registration issued after notice of the involvement is received is
3165	3165	void.
3166	3166	SECTION 96. Section 502.354, Transportation Code, is
3167	3167	transferred to Subchapter C, Chapter 502, Transportation Code,
3168	3168	renumbered as Section 502.095, Transportation Code, and amended to
3169	3169	read as follows:
3170	3170	Sec. 502.095 [502.354]. ONE-TRIP [SINGLE] OR 30-DAY TRIP
3171	3171	PERMITS [; OFFENSE]. (a) The department may issue a temporary
3172	3172	permit in lieu of registration for a vehicle [that:
3173	3173	[(1) is] subject to registration in this state that [;
3174	3174	and
3175	3175	[(2)] is not authorized to travel on a public highway
3176	3176	because of the lack of registration in this state or the lack of
3177	3177	reciprocity with the state or country in which the vehicle is
3178	3178	registered.
3179	3179	(b) A permit issued under this section [:
3180	3180	[(1) is in lieu of registration; and
3181	3181	[(2)] is valid for:
3182	3182	(1) [(A)] one trip, as provided by Subsection (c); or
3183	3183	(2) [(B)] 30 days, as provided by Subsection (d).
3184	3184	(c) A one-trip permit is valid for one trip between the
3185	3185	points of origin and destination and those intermediate points
3186	3186	specified in the application and registration receipt. Unless the
3187	3187	vehicle is a bus operating under charter that is not covered by a
3188	3188	reciprocity agreement with the state or country in which the bus is
3189	3189	registered, a one-trip permit is for the transit of the vehicle
3190	3190	only, and the vehicle may not be used for the transportation of any
3191	3191	passenger or property. A one-trip permit may not be valid for
3192	3192	longer than 15 days from the effective date of registration.
3193	3193	(d) A 30-day permit may be issued only to a passenger
3194	3194	vehicle, a private bus, a trailer or semitrailer with a gross weight
3195	3195	of not more than 10,000 pounds, a light truck, or a light commercial
3196	3196	vehicle with a gross vehicle weight [manufacturer's rated carrying
3197	3197	capacity] of more than 10,000 pounds [one ton] that will operate
3198	3198	unladen. A person may obtain multiple 30-day permits. The
3199	3199	department may issue a single registration receipt to apply to all
3200	3200	of the periods for which the vehicle is registered.
3201	3201	(e) A person may obtain a permit under this section by:
3202	3202	(1) applying as [on a form] provided by the department
3203	3203	to:
3204	3204	(A) the county assessor-collector of the county
3205	3205	in which the vehicle will first be operated on a public highway; or
3206	3206	(B) the department in Austin or at one of the
3207	3207	department's vehicle title and registration regional offices;
3208	3208	(2) paying a fee, in the manner prescribed by the
3209	3209	department including a registration service charge for a credit
3210	3210	card payment or escrow account [cash or by postal money order or
3211	3211	certified check,] of:
3212	3212	(A) $5 for a one-trip permit; or
3213	3213	(B) $25 for each 30-day period; and
3214	3214	(3) furnishing evidence of financial responsibility
3215	3215	for the vehicle in a form listed under Section 502.046(c)
3216	3216	[502.153(c)].
3217	3217	(f) A registration receipt [and temporary tag] shall be
3218	3218	carried in the vehicle at all times during the period in which it is
3219	3219	valid [issued on forms provided by the department]. The temporary
3220	3220	tag must contain all pertinent information required by this section
3221	3221	and must be displayed in the rear window of the vehicle so that the
3222	3222	tag is clearly visible and legible when viewed from the rear of the
3223	3223	vehicle. If the vehicle does not have a rear window, the temporary
3224	3224	tag must be attached on or carried in the vehicle to allow ready
3225	3225	inspection. The registration receipt must be carried in the
3226	3226	vehicle at all times during the period in which it is valid.
3227	3227	(g) The department may refuse and may instruct a county
3228	3228	assessor-collector to refuse to issue a temporary registration for
3229	3229	any vehicle if, in the department's opinion, the vehicle or the
3230	3230	owner of the vehicle has been involved in operations that
3231	3231	constitute an abuse of the privilege granted by this section. A
3232	3232	registration issued after notice to a county assessor-collector
3233	3233	under this subsection is void.
3234	3234	[(h) A person issued a temporary registration under this
3235	3235	section who operates a vehicle in violation of Subsection (f)
3236	3236	commits an offense. An offense under this subsection is a Class C
3237	3237	misdemeanor.
3238	3238	[(i) The department may:
3239	3239	[(1) adopt rules to administer this section; and
3240	3240	[(2) prescribe an application for a permit and other
3241	3241	forms under this section.]
3242	3242	SECTION 97. The heading to Subchapter D, Chapter 502,
3243	3243	Transportation Code, is amended to read as follows:
3244	3244	SUBCHAPTER D. VEHICLES NOT ISSUED REGISTRATION [PROCEDURES AND
3245	3245	FEES]
3246	3246	SECTION 98. Section 502.006, Transportation Code, is
3247	3247	transferred to Subchapter D, Chapter 502, Transportation Code,
3248	3248	renumbered as Section 502.140, Transportation Code, and amended to
3249	3249	read as follows:
3250	3250	Sec. 502.140 [502.006]. ALL-TERRAIN VEHICLES. (a) Except
3251	3251	as provided by Subsection (b), a person may not register an
3252	3252	all-terrain vehicle, with or without design alterations, for
3253	3253	operation on a public highway.
3254	3254	(b) The state, a county, or a municipality may register an
3255	3255	all-terrain vehicle for operation on a public beach or highway to
3256	3256	maintain public safety and welfare.
3257	3257	(c) [(e)] Section 502.401 [502.172] does not apply to an
3258	3258	all-terrain vehicle.
3259	3259	(d) Operation in compliance with Section 663.037 does not
3260	3260	require registration.
3261	3261	SECTION 99. Section 502.0071, Transportation Code, is
3262	3262	transferred to Subchapter D, Chapter 502, Transportation Code,
3263	3263	renumbered as Section 502.141, Transportation Code, and amended to
3264	3264	read as follows:
3265	3265	Sec. 502.141 [502.0071]. GOLF CARTS. A [An owner of a]
3266	3266	golf cart may be operated on a public highway without registration
3267	3267	[is not required to register the golf cart] if:
3268	3268	(1) the operation of the golf cart occurs in the
3269	3269	daytime, as defined by Section 541.401; and
3270	3270	(2) the operation:
3271	3271	(A) does not exceed a distance of two miles from
3272	3272	the point of origin to the destination if driven to and from a golf
3273	3273	course;
3274	3274	(B) occurs entirely within a master planned
3275	3275	community with a uniform set of restrictive covenants that has had a
3276	3276	plat approved by a county or a municipality; or
3277	3277	(C) occurs on a public or private beach.
3278	3278	SECTION 100. Section 502.0072, Transportation Code, is
3279	3279	transferred to Subchapter D, Chapter 502, Transportation Code, and
3280	3280	renumbered as Section 502.142, Transportation Code, to read as
3281	3281	follows:
3282	3282	Sec. 502.142 [502.0072]. MANUFACTURED HOUSING.
3283	3283	Manufactured housing, as defined by Section 1201.003, Occupations
3284	3284	Code, is not a vehicle subject to this chapter.
3285	3285	SECTION 101. Section 502.0073, Transportation Code, is
3286	3286	transferred to Subchapter D, Chapter 502, Transportation Code,
3287	3287	renumbered as Section 502.143, Transportation Code, and amended to
3288	3288	read as follows:
3289	3289	Sec. 502.143 [502.0073]. OTHER VEHICLES [POWER SWEEPERS].
3290	3290	[(a)] An owner [of a power sweeper] is not required to register the
3291	3291	following vehicles for operation on a public highway:
3292	3292	(1) power sweepers;
3293	3293	(2) motorized mobility devices;
3294	3294	(3) electric personal assistive mobility devices; and
3295	3295	(4) electric bicycles [sweeper].
3296	3296	[(b) In this section, "power sweeper" means an implement,
3297	3297	with or without motive power, designed for the removal by broom,
3298	3298	vacuum, or regenerative air system of debris, dirt, gravel, litter,
3299	3299	or sand from asphaltic concrete or cement concrete surfaces,
3300	3300	including surfaces of parking lots, roads, streets, highways, and
3301	3301	warehouse floors. The term includes a vehicle on which the
3302	3302	implement is permanently mounted if the vehicle is used only as a
3303	3303	power sweeper.]
3304	3304	SECTION 102. Section 502.0078, Transportation Code, is
3305	3305	transferred to Subchapter D, Chapter 502, Transportation Code, and
3306	3306	renumbered as Section 502.144, Transportation Code, to read as
3307	3307	follows:
3308	3308	Sec. 502.144 [502.0078]. VEHICLES OPERATED ON PUBLIC
3309	3309	HIGHWAY SEPARATING REAL PROPERTY UNDER VEHICLE OWNER'S CONTROL.
3310	3310	Where a public highway separates real property under the control of
3311	3311	the owner of a motor vehicle, the operation of the motor vehicle by
3312	3312	the owner or the owner's agent or employee across the highway is not
3313	3313	a use of the motor vehicle on the public highway.
3314	3314	SECTION 103. Section 502.0079, Transportation Code, is
3315	3315	transferred to Subchapter D, Chapter 502, Transportation Code,
3316	3316	renumbered as Section 502.145, Transportation Code, and amended to
3317	3317	read as follows:
3318	3318	Sec. 502.145 [502.0079]. VEHICLES OPERATED BY CERTAIN
3319	3319	NONRESIDENTS. (a) [A nonresident owner of a motor vehicle,
3320	3320	trailer, or semitrailer that is registered in the state or country
3321	3321	in which the person resides may operate the vehicle to transport
3322	3322	persons or property for compensation without being registered in
3323	3323	this state, if the person does not exceed two trips in a calendar
3324	3324	month and each trip does not exceed four days.
3325	3325	[(b) A nonresident owner of a privately owned vehicle that
3326	3326	is not registered in this state may not make more than five
3327	3327	occasional trips in any calendar month into this state using the
3328	3328	vehicle. Each occasional trip into this state may not exceed five
3329	3329	days.
3330	3330	[(c)] A nonresident owner of a privately owned passenger car
3331	3331	that is registered in the state or country in which the person
3332	3332	resides and that is not operated for compensation may operate the
3333	3333	car in this state for the period in which the car's license plates
3334	3334	are valid. In this subsection, "nonresident" means a resident of a
3335	3335	state or country other than this state whose presence in this state
3336	3336	is as a visitor and who does not engage in gainful employment or
3337	3337	enter into business or an occupation, except as may otherwise be
3338	3338	provided by any reciprocal agreement with another state or country.
3339	3339	(b) [(d)] This section does not prevent:
3340	3340	(1) a nonresident owner of a motor vehicle from
3341	3341	operating the vehicle in this state for the sole purpose of
3342	3342	marketing farm products raised exclusively by the person; or
3343	3343	(2) a resident of an adjoining state or country from
3344	3344	operating in this state a privately owned and registered vehicle to
3345	3345	go to and from the person's place of regular employment and to make
3346	3346	trips to purchase merchandise, if the vehicle is not operated for
3347	3347	compensation.
3348	3348	(c) [(e)] The privileges provided by this section may be
3349	3349	allowed only if, under the laws of the appropriate state or country,
3350	3350	similar privileges are granted to vehicles registered under the
3351	3351	laws of this state and owned by residents of this state.
3352	3352	(d) [(f)] This section does not affect the right or status
3353	3353	of a vehicle owner under any reciprocal agreement between this
3354	3354	state and another state or country.
3355	3355	SECTION 104. Section 504.504, Transportation Code, is
3356	3356	transferred to Subchapter D, Chapter 502, Transportation Code,
3357	3357	renumbered as Section 502.146, Transportation Code, and amended to
3358	3358	read as follows:
3359	3359	Sec. 502.146 [504.504]. CERTAIN FARM VEHICLES AND DRILLING
3360	3360	AND CONSTRUCTION EQUIPMENT. (a) The department shall issue
3361	3361	specialty license plates to a vehicle described by Subsection (b)
3362	3362	or (c). The fee for the license plates is $5.
3363	3363	(b) An owner is not required to register a vehicle that is
3364	3364	used only temporarily on the highways if the vehicle is:
3365	3365	(1) a farm trailer or farm semitrailer with a gross
3366	3366	weight of more than 4,000 pounds but not more than 34,000 pounds
3367	3367	that is used exclusively to transport:
3368	3368	(A) seasonally harvested agricultural products
3369	3369	or livestock from the place of production to the place of
3370	3370	processing, market, or storage; or
3371	3371	(B) farm supplies from the place of loading to
3372	3372	the farm;
3373	3373	(2) machinery used exclusively for the purpose of
3374	3374	drilling water wells; [or]
3375	3375	(3) oil well servicing or drilling machinery; or
3376	3376	(4) construction machinery [that is not designed to
3377	3377	transport persons or property on a public highway].
3378	3378	(c) An owner is not required to register a vehicle that is:
3379	3379	(1) a farm trailer or farm semitrailer owned by a
3380	3380	cotton gin and used exclusively to transport agricultural products
3381	3381	without charge from the place of production to the place of
3382	3382	processing, market, or storage;
3383	3383	(2) a trailer used exclusively to transport fertilizer
3384	3384	without charge from a place of supply or storage to a farm; or
3385	3385	(3) a trailer used exclusively to transport cottonseed
3386	3386	without charge from a place of supply or storage to a farm or place
3387	3387	of processing.
3388	3388	(d) A vehicle described by Subsection (b) is exempt from the
3389	3389	inspection requirements of Subchapters B and F, Chapter 548.
3390	3390	(e) This section does not apply to a farm trailer or farm
3391	3391	semitrailer that:
3392	3392	(1) is used for hire;
3393	3393	(2) has metal tires operating in contact with the
3394	3394	highway;
3395	3395	(3) is not equipped with an adequate hitch pinned or
3396	3396	locked so that it will remain securely engaged to the towing vehicle
3397	3397	while in motion; or
3398	3398	(4) is not operated and equipped in compliance with
3399	3399	all other law.
3400	3400	(f) A vehicle to which this section applies that is operated
3401	3401	on a public highway in violation of this section is considered to be
3402	3402	operated while unregistered and is immediately subject to the
3403	3403	applicable registration fees and penalties prescribed by this
3404	3404	chapter [Chapter 502].
3405	3405	(g) In this section, the gross weight of a trailer or
3406	3406	semitrailer is the combined weight of the vehicle and the load
3407	3407	carried on the highway.
3408	3408	SECTION 105. The heading to Subchapter E, Chapter 502,
3409	3409	Transportation Code, is amended to read as follows:
3410	3410	SUBCHAPTER E. ADMINISTRATION OF FEES [SPECIALLY DESIGNATED LICENSE
3411	3411	PLATES; EXEMPTIONS FOR GOVERNMENTAL AND QUASI-GOVERNMENTAL
3412	3412	VEHICLES]
3413	3413	SECTION 106. Section 502.159, Transportation Code, is
3414	3414	transferred to Subchapter E, Chapter 502, Transportation Code,
3415	3415	renumbered as Section 502.190, Transportation Code, and amended to
3416	3416	read as follows:
3417	3417	Sec. 502.190 [502.159]. SCHEDULE OF REGISTRATION FEES.
3418	3418	The department shall post [compile and furnish to each county
3419	3419	assessor-collector] a complete schedule of registration fees on the
3420	3420	Internet [to be collected on the various makes, models, and types of
3421	3421	vehicles].
3422	3422	SECTION 107. Section 502.004, Transportation Code, is
3423	3423	transferred to Subchapter E, Chapter 502, Transportation Code,
3424	3424	renumbered as Section 502.191, Transportation Code, and amended to
3425	3425	read as follows:
3426	3426	Sec. 502.191 [502.004]. COLLECTION OF FEES. (a) A person
3427	3427	may not collect a registration fee under this chapter unless the
3428	3428	person is:
3429	3429	(1) an officer or employee of the department; or
3430	3430	(2) a county assessor-collector or a deputy county
3431	3431	assessor-collector.
3432	3432	(b) The department may accept electronic payment by
3433	3433	electronic funds transfer, credit card, or debit card of any fee
3434	3434	that the department is authorized to collect under this chapter.
3435	3435	(c) The department may collect a fee for processing a
3436	3436	payment by electronic funds transfer, credit card, or debit card.
3437	3437	The amount of the fee must be reasonably related to the expense
3438	3438	incurred by the department in processing the payment by electronic
3439	3439	funds transfer, credit card, or debit card and may not be more than
3440	3440	five percent of the amount of the registration fee being paid.
3441	3441	(d) In addition to the fee authorized by Subsection (b), the
3442	3442	department may collect from a person making payment by electronic
3443	3443	funds transfer, credit card, or debit card an amount equal to the
3444	3444	amount of any registration transaction fee charged to the
3445	3445	department by a vendor providing services in connection with
3446	3446	payments made by electronic funds transfer, credit card, or debit
3447	3447	card. The limitation prescribed by Subsection (c) on the amount of
3448	3448	a fee does not apply to a fee collected under this subsection.
3449	3449	(e) If, for any reason, the payment of a fee under this
3450	3450	chapter by electronic funds transfer, credit card, or debit card is
3451	3451	not honored by the funding institution or by the electronic funds
3452	3452	transfer, credit card, or debit card company on which the funds are
3453	3453	drawn, the department may collect from the person who owes the fee
3454	3454	being collected a service charge that is for the collection of that
3455	3455	original amount and is in addition to the original fee. The amount
3456	3456	of the service charge must be reasonably related to the expense
3457	3457	incurred by the department in collecting the original amount.
3458	3458	SECTION 108. Subchapter E, Chapter 502, Transportation
3459	3459	Code, is amended by adding Section 502.192 to read as follows:
3460	3460	Sec. 502.192. TRANSFER FEE. The purchaser of a used motor
3461	3461	vehicle shall pay, in addition to any fee required under Chapter 501
3462	3462	for the transfer of title, a transfer fee of $2.50 for the transfer
3463	3463	of the registration of the motor vehicle. The county
3464	3464	assessor-collector may retain as commission for services provided
3465	3465	under this subchapter half of each transfer fee collected.
3466	3466	SECTION 109. Section 502.181, Transportation Code, is
3467	3467	transferred to Subchapter E, Chapter 502, Transportation Code,
3468	3468	renumbered as Section 502.193, Transportation Code, and amended to
3469	3469	read as follows:
3470	3470	Sec. 502.193 [502.181]. PAYMENT [OF REGISTRATION FEE] BY
3471	3471	CHECK DRAWN AGAINST INSUFFICIENT FUNDS. (a) A county
3472	3472	assessor-collector who receives from any person a check or draft
3473	3473	for [drawn on a bank or trust company in] payment of a registration
3474	3474	fee for a registration year that has not ended [on a motor vehicle,
3475	3475	trailer, or motorcycle sidecar] that is returned unpaid because of
3476	3476	insufficient funds or no funds in the bank or trust company to the
3477	3477	credit of the drawer of the check or draft shall immediately certify
3478	3478	the fact to the sheriff or a constable or highway patrol officer in
3479	3479	the county. The certification must:
3480	3480	(1) be under the assessor-collector's official seal;
3481	3481	(2) include the name and address of the person who gave
3482	3482	[the assessor-collector] the check or draft;
3483	3483	(3) include the license plate number and make of the
3484	3484	vehicle; and
3485	3485	(4) be accompanied by the check or draft.
3486	3486	(b) On receiving a complaint under Subsection (a) from the
3487	3487	county assessor-collector, the sheriff, constable, or highway
3488	3488	patrol officer shall find the person who gave [the
3489	3489	assessor-collector] the check or draft, if the person is in the
3490	3490	county, and demand immediate redemption of the check or draft from
3491	3491	the person. If the person fails or refuses to redeem the check or
3492	3492	draft, the sheriff, constable, or highway patrol officer shall:
3493	3493	(1) seize and remove the license plates and
3494	3494	registration insignia from the vehicle; and
3495	3495	(2) return the license plates and registration
3496	3496	insignia to the county assessor-collector.
3497	3497	SECTION 110. Section 502.182, Transportation Code, is
3498	3498	transferred to Subchapter E, Chapter 502, Transportation Code,
3499	3499	renumbered as Section 502.194, Transportation Code, and amended to
3500	3500	read as follows:
3501	3501	Sec. 502.194 [502.182]. CREDIT FOR REGISTRATION FEE PAID
3502	3502	ON MOTOR VEHICLE SUBSEQUENTLY DESTROYED. (a) The owner of a motor
3503	3503	vehicle that is destroyed to the extent that it cannot afterwards be
3504	3504	operated on a public highway is entitled to a registration fee
3505	3505	credit if the prorated portion of the registration fee for the
3506	3506	remainder of the registration year is more than $15. The owner must
3507	3507	claim the credit by [:
3508	3508	[(1)] sending the registration fee receipt [and the
3509	3509	license plates] for the vehicle to the department [; and
3510	3510	[(2) executing a statement on a form provided by the
3511	3511	department showing that the license plates have been surrendered to
3512	3512	the department].
3513	3513	(b) The department, on satisfactory proof that the vehicle
3514	3514	is destroyed, shall issue a registration fee credit slip to the
3515	3515	owner in an amount equal to the prorated portion of the registration
3516	3516	fee for the remainder of the registration year. The owner, during
3517	3517	the same or the next registration year, may use the registration fee
3518	3518	credit slip as payment or part payment for the registration of
3519	3519	another vehicle to the extent of the credit.
3520	3520	[(c) A statement executed under Subsection (a)(2) shall be
3521	3521	delivered to a purchaser of the destroyed vehicle. The purchaser
3522	3522	may surrender the statement to the department in lieu of the vehicle
3523	3523	license plates.
3524	3524	[(d) The department shall adopt rules to administer this
3525	3525	section.]
3526	3526	SECTION 111. Section 502.183, Transportation Code, is
3527	3527	transferred to Subchapter E, Chapter 502, Transportation Code,
3528	3528	renumbered as Section 502.195, Transportation Code, and amended to
3529	3529	read as follows:
3530	3530	Sec. 502.195 [502.183]. REFUND OF OVERCHARGED
3531	3531	REGISTRATION FEE. (a) The owner of a motor vehicle [that is
3532	3532	required to be registered] who pays an annual registration fee in
3533	3533	excess of the statutory amount is entitled to a refund of the
3534	3534	overcharge.
3535	3535	(b) The county assessor-collector who collects the
3536	3536	excessive fee shall refund an overcharge on presentation to the
3537	3537	assessor-collector of satisfactory evidence of the overcharge[.
3538	3538	The owner must make a claim for a refund of an overcharge] not later
3539	3539	than the first [fifth] anniversary of the date the excessive
3540	3540	registration fee was paid.
3541	3541	(c) A refund shall be paid from the fund in which the
3542	3542	county's share of registration fees is deposited.
3543	3543	SECTION 112. Section 502.051, Transportation Code, is
3544	3544	transferred to Subchapter E, Chapter 502, Transportation Code, and
3545	3545	renumbered as Section 502.196, Transportation Code, to read as
3546	3546	follows:
3547	3547	Sec. 502.196 [502.051]. DEPOSIT OF REGISTRATION FEES IN
3548	3548	STATE HIGHWAY FUND. Except as otherwise provided by this chapter,
3549	3549	the Texas Transportation Commission and the department shall
3550	3550	deposit all money received from registration fees in the state
3551	3551	treasury to the credit of the state highway fund.
3552	3552	SECTION 113. Section 502.101, Transportation Code, is
3553	3553	transferred to Subchapter E, Chapter 502, Transportation Code, and
3554	3554	renumbered as Section 502.197, Transportation Code, to read as
3555	3555	follows:
3556	3556	Sec. 502.197 [502.101]. REGISTRATION BY MAIL OR
3557	3557	ELECTRONIC MEANS; SERVICE CHARGE. (a) A county
3558	3558	assessor-collector may collect a service charge of $1 from each
3559	3559	applicant registering a vehicle by mail. The service charge shall
3560	3560	be used to pay the costs of handling and postage to mail the
3561	3561	registration receipt and insignia to the applicant.
3562	3562	(b) With the approval of the commissioners court of a
3563	3563	county, a county assessor-collector may contract with a private
3564	3564	entity to enable an applicant for registration to use an electronic
3565	3565	off-premises location. A private entity may charge an applicant
3566	3566	not more than $1 for the service provided.
3567	3567	(c) The department may adopt rules to cover the timely
3568	3568	application for and issuance of registration receipts and insignia
3569	3569	by mail or through an electronic off-premises location.
3570	3570	SECTION 114. Section 502.102, Transportation Code, is
3571	3571	transferred to Subchapter E, Chapter 502, Transportation Code,
3572	3572	renumbered as Section 502.198, Transportation Code, and amended to
3573	3573	read as follows:
3574	3574	Sec. 502.198 [502.102]. DISPOSITION OF FEES GENERALLY.
3575	3575	(a) Except as provided by Section 502.1982 [Sections 502.103 and
3576	3576	502.104], this section applies to all fees collected by a county
3577	3577	assessor-collector under this chapter.
3578	3578	(b) Each Monday, a county assessor-collector shall credit
3579	3579	to the county road and bridge fund an amount equal to the net
3580	3580	collections made during the preceding week until the amount so
3581	3581	credited for the calendar year equals the total of:
3582	3582	(1) $60,000;
3583	3583	(2) $350 for each mile of county road maintained by the
3584	3584	county, according to the most recent information available from the
3585	3585	department, not to exceed 500 miles; and
3586	3586	(3) an additional amount of fees equal to the amount
3587	3587	calculated under Section 502.1981 [502.1025].
3588	3588	(c) After the credits to the county road and bridge fund
3589	3589	equal the total computed under Subsection (b), each Monday the
3590	3590	county assessor-collector shall:
3591	3591	(1) credit to the county road and bridge fund an amount
3592	3592	equal to 50 percent of the net collections made during the preceding
3593	3593	week, until the amount so credited for the calendar year equals
3594	3594	$125,000; and
3595	3595	(2) send to the department an amount equal to 50
3596	3596	percent of those collections.
3597	3597	(d) After the credits to the county road and bridge fund
3598	3598	equal the total amounts computed under Subsections (b) and (c)(1),
3599	3599	each Monday the county assessor-collector shall send to the
3600	3600	department all collections made during the preceding week.
3601	3601	[(e) Each Monday the county assessor-collector shall send
3602	3602	to the department a copy of each receipt issued the previous week
3603	3603	for a registration fee under this chapter.]
3604	3604	SECTION 115. Section 502.1025, Transportation Code, is
3605	3605	transferred to Subchapter E, Chapter 502, Transportation Code,
3606	3606	renumbered as Section 502.1981, Transportation Code, and amended to
3607	3607	read as follows:
3608	3608	Sec. 502.1981 [502.1025]. CALCULATION OF ADDITIONAL FEE
3609	3609	AMOUNTS RETAINED BY A COUNTY. (a) The county tax
3610	3610	assessor-collector each calendar year shall calculate five percent
3611	3611	of the tax and penalties collected by the county tax
3612	3612	assessor-collector under Chapter 152, Tax Code, in the preceding
3613	3613	calendar year. In addition, the county tax assessor-collector
3614	3614	shall calculate each calendar year an amount equal to five percent
3615	3615	of the tax and penalties that the comptroller:
3616	3616	(1) collected under Section 152.047, Tax Code, in the
3617	3617	preceding calendar year; and
3618	3618	(2) determines are attributable to sales in the
3619	3619	county.
3620	3620	(b) A county tax assessor-collector shall retain under
3621	3621	Section 502.198(b) [502.102(b)] fees based on the following
3622	3622	percentage of the amounts calculated under Subsection [subsection]
3623	3623	(a) during each of the following fiscal years:
3624	3624	(1) [in fiscal year 2006, 90 percent;
3625	3625	[(2) in fiscal year 2007, 80 percent;
3626	3626	[(3) in fiscal year 2008, 70 percent;
3627	3627	[(4) in fiscal year 2009, 60 percent;
3628	3628	[(5) in fiscal year 2010, 50 percent;
3629	3629	[(6) in fiscal year 2011, 40 percent;
3630	3630	[(7) in fiscal year 2012, 30 percent;
3631	3631	[(8)] in fiscal year 2013, 20 percent;
3632	3632	(2) [(9)] in fiscal year 2014, 10 percent;
3633	3633	(3) [(10)] in fiscal year 2015 and succeeding years, 0
3634	3634	percent.
3635	3635	(c) The county shall credit the amounts retained under
3636	3636	Subsection (b) to the county road and bridge fund. Money credited
3637	3637	to the fund under this section may only be used for:
3638	3638	(1) county road construction, maintenance, and
3639	3639	repair;
3640	3640	(2) bridge construction, maintenance, and repair;
3641	3641	(3) the purchase of right-of-way for road or highway
3642	3642	purposes; or
3643	3643	(4) the relocation of utilities for road or highway
3644	3644	purposes.
3645	3645	SECTION 116. Section 502.103, Transportation Code, is
3646	3646	transferred to Subchapter E, Chapter 502, Transportation Code,
3647	3647	renumbered as Section 502.1982, Transportation Code, and amended to
3648	3648	read as follows:
3649	3649	Sec. 502.1982 [502.103]. DISPOSITION OF OPTIONAL COUNTY
3650	3650	ROAD AND BRIDGE FEE. Each Monday a county assessor-collector shall
3651	3651	apportion the collections for the preceding week for a fee imposed
3652	3652	under Section 502.401 [502.172] by:
3653	3653	(1) crediting an amount equal to 97 percent of the
3654	3654	collections to the county road and bridge fund; and
3655	3655	(2) sending to the department an amount equal to three
3656	3656	percent of the collections to defray the department's costs of
3657	3657	administering Section 502.401 [502.172].
3658	3658	SECTION 117. Section 502.106, Transportation Code, is
3659	3659	transferred to Subchapter E, Chapter 502, Transportation Code,
3660	3660	renumbered as Section 502.1983, Transportation Code, and amended to
3661	3661	read as follows:
3662	3662	Sec. 502.1983 [502.106]. DEPOSIT OF FEES IN
3663	3663	INTEREST-BEARING ACCOUNT. (a) Except as provided by Section
3664	3664	502.1982 [Sections 502.103 and 502.104], a county
3665	3665	assessor-collector may:
3666	3666	(1) deposit the fees in an interest-bearing account or
3667	3667	certificate in the county depository; and
3668	3668	(2) send the fees to the department not later than the
3669	3669	34th day after the date the fees are due [under Section 502.104].
3670	3670	(b) The county owns all interest earned on fees deposited
3671	3671	under this section. The county treasurer shall credit the interest
3672	3672	to the county general fund.
3673	3673	SECTION 118. Section 502.107, Transportation Code, is
3674	3674	transferred to Subchapter E, Chapter 502, Transportation Code, and
3675	3675	renumbered as Section 502.1984, Transportation Code, to read as
3676	3676	follows:
3677	3677	Sec. 502.1984 [502.107]. INTEREST ON FEES. (a) A fee
3678	3678	required to be sent to the department under this chapter bears
3679	3679	interest for the benefit of the state highway fund at an annual rate
3680	3680	of 10 percent beginning on the 60th day after the date the county
3681	3681	assessor-collector collects the fee.
3682	3682	(b) The department shall audit the registration and
3683	3683	transfer fees collected and disbursed by each county
3684	3684	assessor-collector and shall determine the exact amount of interest
3685	3685	due on any fee not sent to the department.
3686	3686	(c) The state has a claim against a county
3687	3687	assessor-collector and the sureties on the assessor-collector's
3688	3688	official bond for the amount of interest due on a fee.
3689	3689	SECTION 119. Section 502.108, Transportation Code, is
3690	3690	transferred to Subchapter E, Chapter 502, Transportation Code,
3691	3691	renumbered as Section 502.1985, Transportation Code, and amended to
3692	3692	read as follows:
3693	3693	Sec. 502.1985 [502.108]. USE OF REGISTRATION FEES
3694	3694	RETAINED BY COUNTY. (a) Money credited to the county road and
3695	3695	bridge fund under Section 502.198 [502.102] or 502.1982 [502.103]
3696	3696	may not be used to pay the compensation of the county judge or a
3697	3697	county commissioner. The money may be used only for the
3698	3698	construction and maintenance of lateral roads in the county, under
3699	3699	the supervision of the county engineer.
3700	3700	(b) If there is not a county engineer, the commissioners
3701	3701	court of the county may require the services of the department's
3702	3702	district engineer or resident engineer to supervise the
3703	3703	construction and surveying of lateral roads in the county.
3704	3704	(c) A county may use money allocated to it under this
3705	3705	chapter to:
3706	3706	(1) pay obligations issued in the construction or
3707	3707	improvement of any roads, including state highways in the county;
3708	3708	(2) improve the roads in the county road system; or
3709	3709	(3) construct new roads.
3710	3710	(d) To the maximum extent possible, contracts for roads
3711	3711	constructed by a county using funds provided under this chapter
3712	3712	should be awarded by competitive bids.
3713	3713	SECTION 120. Section 502.110, Transportation Code, is
3714	3714	transferred to Subchapter E, Chapter 502, Transportation Code, and
3715	3715	renumbered as Section 502.1986, Transportation Code, to read as
3716	3716	follows:
3717	3717	Sec. 502.1986 [502.110]. CONTINGENT PROVISION FOR
3718	3718	DISTRIBUTION OF FEES BETWEEN STATE AND COUNTIES. If the method of
3719	3719	distributing vehicle registration fees collected under this
3720	3720	chapter between the state and counties is declared invalid because
3721	3721	of inequality of collection or distribution of those fees, 60
3722	3722	percent of each fee shall be distributed to the county collecting
3723	3723	the fee and 40 percent shall be sent to the state in the manner
3724	3724	provided by this chapter.
3725	3725	SECTION 121. The heading to Subchapter F, Chapter 502,
3726	3726	Transportation Code, is amended to read as follows:
3727	3727	SUBCHAPTER F. REGULAR REGISTRATION FEES [SPECIALIZED LICENSE
3728	3728	PLATES; EXEMPTIONS FOR PRIVATELY OWNED VEHICLES]
3729	3729	SECTION 122. Section 502.160, Transportation Code, is
3730	3730	transferred to Subchapter F, Chapter 502, Transportation Code,
3731	3731	renumbered as Section 502.251, Transportation Code, and amended to
3732	3732	read as follows:
3733	3733	Sec. 502.251 [502.160]. FEE: MOTORCYCLE OR MOPED. The
3734	3734	fee for a registration year for registration of a motorcycle or
3735	3735	moped is $30.
3736	3736	SECTION 123. Section 502.161, Transportation Code, is
3737	3737	transferred to Subchapter F, Chapter 502, Transportation Code,
3738	3738	renumbered as Section 502.252, Transportation Code, and amended to
3739	3739	read as follows:
3740	3740	Sec. 502.252 [502.161]. FEE: PASSENGER CAR, MUNICIPAL
3741	3741	BUS, PRIVATE BUS, PRIVATELY OWNED FORMER MILITARY VEHICLE OR
3742	3742	FIRETRUCK. (a) The fee for a registration year for registration
3743	3743	of a passenger car, a municipal bus, or a private bus that weighs
3744	3744	6,000 pounds or less is:
3745	3745	(1) $40.50 for a vehicle the model year of which is
3746	3746	more than six years before the year in which the registration year
3747	3747	begins;
3748	3748	(2) $50.50 for a vehicle the model year of which is
3749	3749	more than three years but is six years or less before the year in
3750	3750	which the registration year begins; or
3751	3751	(3) $58.50 for a vehicle the model year of which is
3752	3752	three years or less before the year in which the registration year
3753	3753	begins.
3754	3754	(b) The fee for a registration year for registration of a
3755	3755	passenger car, a municipal bus, or a private bus that weighs more
3756	3756	than 6,000 pounds is $25 plus 60 cents for each 100 pounds.
3757	3757	(c) For registration purposes, the weight of a passenger
3758	3758	car, a municipal bus, or a private bus is the weight generally
3759	3759	accepted as its correct shipping weight plus 100 pounds.
3760	3760	[(d) In this section, "private bus" has the meaning assigned
3761	3761	by Section 502.294.]
3762	3762	(e) The fee for a registration year for registration of a
3763	3763	privately-owned former military vehicle or fire truck is $15.
3764	3764	(1) In this section:
3765	3765	(A) "Fire Truck" means a vehicle originally
3766	3766	designed to assist in fighting fires, by transporting firefighters
3767	3767	to the scene, and providing them with access to the fire, water or
3768	3768	other equipment.
3769	3769	(B) "Former Military Vehicle" has the meaning
3770	3770	assigned by Section 504.502, Transportation Code.
3771	3771	(C) "Privately-owned" means being owned by a
3772	3772	person other than a governmental entity.
3773	3773	SECTION 124. Section 502.162, Transportation Code, is
3774	3774	transferred to Subchapter F, Chapter 502, Transportation Code,
3775	3775	renumbered as Section 502.253, Transportation Code, and amended to
3776	3776	read as follows:
3777	3777	Sec. 502.253 [502.162]. FEE: COMMERCIAL MOTOR VEHICLE OR
3778	3778	TRUCK-TRACTOR. [(a)] The fee for a registration year for
3779	3779	registration of a commercial motor vehicle or truck-tractor is $25
3780	3780	plus an amount determined according to the vehicle's gross weight
3781	3781	and tire equipment, as follows:
3782	3782	Gross weight Fee for each 100 pounds or Gross weight Fee for each 100 pounds or
3783	3783	Gross weight Fee for each 100 pounds or
3784	3784	in pounds fraction of 100 pounds in pounds fraction of 100 pounds
3785	3785	in pounds fraction of 100 pounds
3786	3786	Equipped with Equipped with Equipped with Equipped with
3787	3787	Equipped with Equipped with
3788	3788	pneumatic tires solid tires pneumatic tires solid tires
3789	3789	pneumatic tires solid tires
3790	3790	1-6,000 $0.44 $0.55 1-6,000 $0.44 $0.55
3791	3791	1-6,000 $0.44 $0.55
3792	3792	6,001-8,000 0.495 0.66 6,001-8,000 0.495 0.66
3793	3793	6,001-8,000 0.495 0.66
3794	3794	8,001-10,000 0.605 0.77 8,001-10,000 0.605 0.77
3795	3795	8,001-10,000 0.605 0.77
3796	3796	10,001-17,000 0.715 0.88 10,001-17,000 0.715 0.88
3797	3797	10,001-17,000 0.715 0.88
3798	3798	17,001-24,000 0.77 0.99 17,001-24,000 0.77 0.99
3799	3799	17,001-24,000 0.77 0.99
3800	3800	24,001-31,000 0.88 1.10 24,001-31,000 0.88 1.10
3801	3801	24,001-31,000 0.88 1.10
3802	3802	31,001 and over 0.99 1.32 31,001 and over 0.99 1.32
3803	3803	31,001 and over 0.99 1.32
3804	3804	[(b) The gross weight of a vehicle is the actual weight of
3805	3805	the vehicle, fully equipped with a body and other equipment, as
3806	3806	certified by a public weigher or a license and weight inspector of
3807	3807	the Department of Public Safety, plus its net carrying capacity.
3808	3808	[(c) The net carrying capacity of a vehicle other than a bus
3809	3809	is the heaviest net load to be carried on the vehicle, but not less
3810	3810	than the manufacturer's rated carrying capacity.
3811	3811	[(d) The net carrying capacity of a bus is computed by
3812	3812	multiplying its seating capacity by 150 pounds. The seating
3813	3813	capacity of a bus is:
3814	3814	[(1) the manufacturer's rated seating capacity,
3815	3815	excluding the operator's seat; or
3816	3816	[(2) if the manufacturer has not rated the vehicle for
3817	3817	seating capacity, a number computed by allowing one passenger for
3818	3818	each 16 inches of seating on the bus, excluding the operator's
3819	3819	seat.]
3820	3820	SECTION 125. Section 502.166, Transportation Code, is
3821	3821	transferred to Subchapter F, Chapter 502, Transportation Code,
3822	3822	renumbered as Section 502.254, Transportation Code, and amended to
3823	3823	read as follows:
3824	3824	Sec. 502.254 [502.166]. FEE: TRAILER OR SEMITRAILER.
3825	3825	[(a)] The fee for a registration year for registration of a trailer
3826	3826	or semitrailer is $25 plus an amount determined according to the
3827	3827	vehicle's gross weight and tire equipment, as follows:
3828	3828	Gross weight Fee for each 100 pounds or Gross weight Fee for each 100 pounds or
3829	3829	Gross weight Fee for each 100 pounds or
3830	3830	in pounds fraction of 100 pounds in pounds fraction of 100 pounds
3831	3831	in pounds fraction of 100 pounds
3832	3832	Equipped with Equipped with Equipped with Equipped with
3833	3833	Equipped with Equipped with
3834	3834	pneumatic tires solid tires pneumatic tires solid tires
3835	3835	pneumatic tires solid tires
3836	3836	1-6,000 $0.33 $0.44 1-6,000 $0.33 $0.44
3837	3837	1-6,000 $0.33 $0.44
3838	3838	6,001-8,000 0.44 0.55 6,001-8,000 0.44 0.55
3839	3839	6,001-8,000 0.44 0.55
3840	3840	8,001-10,000 0.55 0.66 8,001-10,000 0.55 0.66
3841	3841	8,001-10,000 0.55 0.66
3842	3842	10,001-17,000 0.66 0.88 10,001-17,000 0.66 0.88
3843	3843	10,001-17,000 0.66 0.88
3844	3844	17,001 and over 0.715 0.99 17,001 and over 0.715 0.99
3845	3845	17,001 and over 0.715 0.99
3846	3846	[(b) The gross weight of a trailer or semitrailer is the
3847	3847	actual weight of the vehicle, as certified by a public weigher or a
3848	3848	license and weight inspector of the Department of Public Safety,
3849	3849	plus its net carrying capacity.
3850	3850	[(c) The net carrying capacity of a vehicle is the heaviest
3851	3851	net load to be carried on the vehicle, but not less than the
3852	3852	manufacturer's rated carrying capacity.
3853	3853	[(d) The department may issue specially designed license
3854	3854	plates for rental trailers and travel trailers that include, as
3855	3855	appropriate, the words "rental trailer" or "travel trailer."
3856	3856	[(e) In this section:
3857	3857	[(1) "Rental fleet" means five or more vehicles that
3858	3858	are:
3859	3859	[(A) owned by the same owner;
3860	3860	[(B) offered for rent or rented without drivers;
3861	3861	and
3862	3862	[(C) designated by the owner in the manner
3863	3863	prescribed by the department as a rental fleet.
3864	3864	[(2) "Rental trailer" means a utility trailer that:
3865	3865	[(A) has a gross weight of 4,000 pounds or less;
3866	3866	and
3867	3867	[(B) is part of a rental fleet.
3868	3868	[(3) "Travel trailer" means a house trailer-type
3869	3869	vehicle or a camper trailer that is:
3870	3870	[(A) less than eight feet in width or 40 feet in
3871	3871	length, exclusive of any hitch installed on the vehicle; and
3872	3872	[(B) designed primarily for use as temporary
3873	3873	living quarters in connection with recreational, camping, travel,
3874	3874	or seasonal use and not as a permanent dwelling; provided that
3875	3875	"travel trailer" shall not include a utility trailer, enclosed
3876	3876	trailer, or other trailer not having human habitation as its
3877	3877	primary purpose.]
3878	3878	SECTION 126. Section 502.167, Transportation Code, is
3879	3879	transferred to Subchapter F, Chapter 502, Transportation Code,
3880	3880	renumbered as Section 502.255, Transportation Code, and amended to
3881	3881	read as follows:
3882	3882	Sec. 502.255 [502.167]. TRUCK-TRACTOR OR COMMERCIAL MOTOR
3883	3883	VEHICLE COMBINATION FEE; SEMITRAILER TOKEN FEE. (a) This section
3884	3884	applies only to a truck-tractor or commercial motor vehicle with a
3885	3885	gross vehicle weight [manufacturer's rated carrying capacity] of
3886	3886	more than 18,000 pounds [one ton] that is used or is to be used in
3887	3887	combination with a semitrailer that has a gross weight of more than
3888	3888	6,000 pounds.
3889	3889	(b) Notwithstanding Section 502.253 [502.162], the fee for
3890	3890	a registration year for registration of a truck-tractor or
3891	3891	commercial motor vehicle is $40 plus an amount determined according
3892	3892	to the combined gross weight of the vehicles, as follows:
3893	3893	Fee for each 100 pounds Fee for each 100 pounds
3894	3894	Fee for each 100 pounds
3895	3895	Combined gross weight or Combined gross weight or
3896	3896	Combined gross weight or
3897	3897	in pounds fraction of 100 pounds in pounds fraction of 100 pounds
3898	3898	in pounds fraction of 100 pounds
3899	3899	18,000-36,000 $0.60 18,000-36,000 $0.60
3900	3900	18,000-36,000 $0.60
3901	3901	36,001-42,000 0.75 36,001-42,000 0.75
3902	3902	36,001-42,000 0.75
3903	3903	42,001-62,000 0.90 42,001-62,000 0.90
3904	3904	42,001-62,000 0.90
3905	3905	62,001 and over 1.00 62,001 and over 1.00
3906	3906	62,001 and over 1.00
3907	3907	(c) Notwithstanding Section 502.254 [502.166], the fee for
3908	3908	a registration year for registration of a semitrailer used in the
3909	3909	manner described by Subsection (a), regardless of the date the
3910	3910	semitrailer is registered, is:
3911	3911	(1) $30, for a semitrailer being propelled by a power
3912	3912	unit for which a permit under Section 623.011 has been issued; or
3913	3913	(2) $15, for a semitrailer being propelled by a power
3914	3914	unit for which a permit under Section 623.011 has not been issued.
3915	3915	(d) A registration made under Subsection (c) is valid only
3916	3916	when the semitrailer is used in the manner described by Subsection
3917	3917	(a).
3918	3918	(e) For registration purposes, a semitrailer converted to a
3919	3919	trailer by means of an auxiliary axle assembly retains its status as
3920	3920	a semitrailer.
3921	3921	(f) A combination of vehicles may not be registered under
3922	3922	this section for a combined gross weight of less than 18,000 pounds.
3923	3923	(g) This section does not apply to:
3924	3924	(1) a combination of vehicles that includes a vehicle
3925	3925	that has a distinguishing license plate under Section 502.146
3926	3926	[504.504];
3927	3927	(2) a truck-tractor or commercial motor vehicle
3928	3928	registered or to be registered with $5 distinguishing license
3929	3929	plates for which the vehicle is eligible under this chapter;
3930	3930	(3) a truck-tractor or commercial motor vehicle used
3931	3931	exclusively in combination with a semitrailer of the travel trailer
3932	3932	[housetrailer] type; or
3933	3933	(4) a vehicle registered or to be registered:
3934	3934	(A) with a temporary registration permit;
3935	3935	(B) under Section 502.433 [502.163]; or
3936	3936	(C) under Section 502.435 [502.188].
3937	3937	(h) The department may adopt rules to administer this
3938	3938	section.
3939	3939	(i) The department may issue specially designed license
3940	3940	plates for token trailers.
3941	3941	(j) A person may register a semitrailer under this section
3942	3942	for a registration period of five consecutive years if the person:
3943	3943	(1) applies to the department for the five-year
3944	3944	registration;
3945	3945	(2) provides proof of the person's eligibility to
3946	3946	register the vehicle under this subsection as required by the
3947	3947	department; and
3948	3948	(3) pays a fee of $15, plus any applicable fee under
3949	3949	Section 502.401 [502.172], for each year included in the
3950	3950	registration period.
3951	3951	(k) If during the five-year registration period for a
3952	3952	vehicle registered under Subsection (j) the amount of a fee imposed
3953	3953	under that subsection is increased, the owner of the vehicle is
3954	3954	liable to the department for the amount of the increase. If the
3955	3955	amount of a fee is decreased, the owner of the vehicle is not
3956	3956	entitled to a refund.
3957	3957	[(l) In this section:
3958	3958	[(1) "Combined gross weight" means the empty weight of
3959	3959	the truck-tractor or commercial motor vehicle combined with the
3960	3960	empty weight of the heaviest semitrailer used or to be used in
3961	3961	combination with the truck-tractor or commercial motor vehicle plus
3962	3962	the heaviest net load to be carried on the combination during the
3963	3963	registration year.
3964	3964	[(2) "Empty weight" means the unladen weight of the
3965	3965	truck-tractor or commercial motor vehicle and semitrailer
3966	3966	combination fully equipped, as certified by a public weigher or
3967	3967	license and weight inspector of the Department of Public Safety.
3968	3968	[(3) "Token trailer" means a semitrailer that:
3969	3969	[(A) has a gross weight of more than 6,000
3970	3970	pounds; and
3971	3971	[(B) is operated in combination with a truck or a
3972	3972	truck-tractor that has been issued:
3973	3973	[(i) an apportioned license plate;
3974	3974	[(ii) a combination license plate; or
3975	3975	[(iii) a forestry vehicle license plate.
3976	3976	[(4) "Apportioned license plate" means a license plate
3977	3977	issued in lieu of truck license plates or combination license
3978	3978	plates to a motor carrier in this state who proportionally
3979	3979	registers a vehicle owned by the carrier in one or more other
3980	3980	states.
3981	3981	[(5) "Combination license plate" means a license plate
3982	3982	issued for a truck or truck-tractor that:
3983	3983	[(A) has a manufacturer's rated carrying
3984	3984	capacity of more than one ton; and
3985	3985	[(B) is used or intended to be used in
3986	3986	combination with a semitrailer that has a gross weight of more than
3987	3987	6,000 pounds.]
3988	3988	SECTION 127. Section 502.165, Transportation Code, is
3989	3989	transferred to Subchapter F, Chapter 502, Transportation Code, and
3990	3990	renumbered as Section 502.256, Transportation Code, to read as
3991	3991	follows:
3992	3992	Sec. 502.256 [502.165]. FEE: ROAD TRACTOR. The fee for a
3993	3993	registration year for registration of a road tractor is $25 plus an
3994	3994	amount determined according to the vehicle's weight as certified by
3995	3995	a public weigher or a license and weight inspector of the Department
3996	3996	of Public Safety, as follows:
3997	3997	Fee for each 100 pounds Fee for each 100 pounds
3998	3998	Fee for each 100 pounds
3999	3999	Gross weight in or Gross weight in or
4000	4000	Gross weight in or
4001	4001	pounds fraction of 100 pounds pounds fraction of 100 pounds
4002	4002	pounds fraction of 100 pounds
4003	4003	1-4,000 $0.275 1-4,000 $0.275
4004	4004	1-4,000 $0.275
4005	4005	4,001-6,000 0.55 4,001-6,000 0.55
4006	4006	4,001-6,000 0.55
4007	4007	6,001-8,000 0.66 6,001-8,000 0.66
4008	4008	6,001-8,000 0.66
4009	4009	8,001-10,000 0.825 8,001-10,000 0.825
4010	4010	8,001-10,000 0.825
4011	4011	10,001 and over 1.10 10,001 and over 1.10
4012	4012	10,001 and over 1.10
4013	4013	SECTION 128. The heading to Subchapter G, Chapter 502,
4014	4014	Transportation Code, is amended to read as follows:
4015	4015	SUBCHAPTER G. ADDITIONAL FEES [TEMPORARY REGISTRATION]
4016	4016	SECTION 129. Section 502.1705, Transportation Code, is
4017	4017	transferred to Subchapter G, Chapter 502, Transportation Code,
4018	4018	renumbered as Section 502.356, Transportation Code, and amended to
4019	4019	read as follows:
4020	4020	Sec. 502.356 [502.1705]. [ADDITIONAL FEE FOR] AUTOMATED
4021	4021	REGISTRATION AND TITLING [TITLE] SYSTEM. (a) In addition to other
4022	4022	registration fees for a license plate or set of license plates or
4023	4023	other device used as the registration insignia, a fee of $1 shall be
4024	4024	collected.
4025	4025	(b) The department may use money collected under this
4026	4026	section to enhance and provide [perform one or more of the
4027	4027	following:
4028	4028	[(1) enhancing the department's automated
4029	4029	registration and title system;
4030	4030	[(2) providing for the automated on-site production of
4031	4031	registration insignia; or
4032	4032	[(3) providing] for automated on-premises and
4033	4033	off-premises [self-service] registration and titling related
4034	4034	services.
4035	4035	(c) This section applies only in a county in which the
4036	4036	department's automated registration and title system has been
4037	4037	implemented and in which 50,000 or more motor vehicles were
4038	4038	registered during the preceding year.
4039	4039	SECTION 130. Section 502.1715, Transportation Code, as
4040	4040	amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
4041	4041	the 79th Legislature, Regular Session, 2005, is transferred to
4042	4042	Subchapter G, Chapter 502, Transportation Code, renumbered as
4043	4043	Section 502.357, Transportation Code, and reenacted and amended to
4044	4044	read as follows:
4045	4045	Sec. 502.357 [502.1715]. FINANCIAL RESPONSIBILITY
4046	4046	[ADDITIONAL FEE FOR CERTAIN DEPARTMENT] PROGRAMS. (a) In
4047	4047	addition to other fees imposed for registration of a motor vehicle,
4048	4048	at the time of application for registration or renewal of
4049	4049	registration of a motor vehicle for which the owner is required to
4050	4050	submit evidence of financial responsibility under Section 502.046
4051	4051	[502.153], the applicant shall pay a fee of $1. In addition to other
4052	4052	fees imposed for registration of a motor vehicle, at the time of
4053	4053	application for registration of a motor vehicle that is subject to
4054	4054	Section 501.0234, the applicant shall pay a fee of $1. Fees
4055	4055	collected under this section shall be remitted weekly to the
4056	4056	department.
4057	4057	(b) Fees collected under this section shall be deposited to
4058	4058	the credit of the state highway fund. Subject to appropriations,
4059	4059	the money shall be used by the Department of Public Safety to:
4060	4060	(1) support the Department of Public Safety's
4061	4061	reengineering of the driver's license system to provide for the
4062	4062	issuance by the Department of Public Safety of a driver's license or
4063	4063	personal identification certificate, to include use of image
4064	4064	comparison technology;
4065	4065	(2) establish and maintain a system to support the
4066	4066	driver responsibility program under Chapter 708; and
4067	4067	(3) make lease payments to the master lease purchase
4068	4068	program for the financing of the driver's license reengineering
4069	4069	project.
4070	4070	(c) Fees collected under this section shall be deposited to
4071	4071	the credit of the state highway fund. Subject to appropriation, the
4072	4072	money may be used by the Department of Public Safety, the Texas
4073	4073	Department of Insurance, the Department of Information Resources,
4074	4074	and the department to carry out Subchapter N, Chapter 601.
4075	4075	(d) The Department of Public Safety, the Texas Department of
4076	4076	Insurance, the Department of Information Resources, and the
4077	4077	department shall jointly adopt rules and develop forms necessary to
4078	4078	administer this section.
4079	4079	SECTION 131. Section 502.1675, Transportation Code, is
4080	4080	transferred to Subchapter G, Chapter 502, Transportation Code,
4081	4081	renumbered as Section 502.358, Transportation Code, and amended to
4082	4082	read as follows:
4083	4083	Sec. 502.358 [502.1675]. TEXAS EMISSIONS REDUCTION PLAN
4084	4084	SURCHARGE. (a) In addition to the registration fees charged under
4085	4085	Section 502.255 [502.167], a surcharge is imposed on the
4086	4086	registration of a truck-tractor or commercial motor vehicle under
4087	4087	that section in an amount equal to 10 percent of the total fees due
4088	4088	for the registration of the truck-tractor or commercial motor
4089	4089	vehicle under that section.
4090	4090	(b) The county tax assessor-collector shall remit the
4091	4091	surcharge collected under this section to the comptroller at the
4092	4092	time and in the manner prescribed by the comptroller for deposit in
4093	4093	the Texas emissions reduction plan fund.
4094	4094	(c) This section expires August 31, 2013.
4095	4095	SECTION 132. Section 502.171, Transportation Code, is
4096	4096	transferred to Subchapter G, Chapter 502, Transportation Code,
4097	4097	renumbered as Section 502.359, Transportation Code, and amended to
4098	4098	read as follows:
4099	4099	Sec. 502.359 [502.171]. ADDITIONAL FEE FOR CERTAIN
4100	4100	VEHICLES USING DIESEL MOTOR. (a) The registration fee under this
4101	4101	chapter for a motor vehicle other than a passenger car, a truck with
4102	4102	a gross vehicle weight [manufacturer's rated carrying capacity] of
4103	4103	18,000 pounds [two tons] or less, or a vehicle registered in
4104	4104	combination under Section 502.255 [502.167] is increased by 11
4105	4105	percent if the vehicle has a diesel motor.
4106	4106	(b) The [A county assessor-collector shall show on the]
4107	4107	registration receipt for a motor vehicle, other than a passenger
4108	4108	car or a truck with a gross vehicle weight [manufacturer's rated
4109	4109	carrying capacity] of 18,000 pounds [two tons] or less, must show
4110	4110	that the vehicle has a diesel motor.
4111	4111	(c) The department may adopt rules to administer this
4112	4112	section.
4113	4113	SECTION 133. Section 502.170, Transportation Code, is
4114	4114	transferred to Subchapter G, Chapter 502, Transportation Code, and
4115	4115	renumbered as Section 502.360, Transportation Code, to read as
4116	4116	follows:
4117	4117	Sec. 502.360 [502.170]. ADDITIONAL FEE FOR REFLECTORIZED
4118	4118	LICENSE PLATES. (a) In addition to the other registration fees
4119	4119	for a license plate or set of license plates or other device used as
4120	4120	the registration insignia, 30 cents shall be collected.
4121	4121	(b) The department shall use money collected under this
4122	4122	section to purchase equipment and material for the production and
4123	4123	manufacture of reflectorized license plates.
4124	4124	SECTION 134. The heading to Subchapter H, Chapter 502,
4125	4125	Transportation Code, is amended to read as follows:
4126	4126	SUBCHAPTER H. OPTIONAL FEES [OFFENSES AND PENALTIES]
4127	4127	SECTION 135. Section 502.172, Transportation Code, is
4128	4128	transferred to Subchapter H, Chapter 502, Transportation Code,
4129	4129	renumbered as Section 502.401, Transportation Code, and amended to
4130	4130	read as follows:
4131	4131	Sec. 502.401 [502.172]. OPTIONAL COUNTY FEE FOR ROAD AND
4132	4132	BRIDGE FUND. (a) The commissioners court of a county by order may
4133	4133	impose an additional fee, not to exceed $10, for registering a
4134	4134	vehicle in the county.
4135	4135	(b) A vehicle that may be registered under this chapter
4136	4136	without payment of a registration fee may be registered in a county
4137	4137	imposing a fee under this section without payment of the additional
4138	4138	fee.
4139	4139	(c) A fee imposed under this section may take effect only on
4140	4140	January 1 of a year. The county must adopt the order and notify the
4141	4141	department not later than September 1 of the year preceding the year
4142	4142	in which the fee takes effect.
4143	4143	(d) A fee imposed under this section may be removed. The
4144	4144	removal may take effect only on January 1 of a year. A county may
4145	4145	remove the fee only by:
4146	4146	(1) rescinding the order imposing the fee; and
4147	4147	(2) notifying the department not later than September
4148	4148	1 of the year preceding the year in which the removal takes effect.
4149	4149	(e) The county assessor-collector of a county imposing a fee
4150	4150	under this section shall collect the additional fee for a vehicle
4151	4151	when other fees imposed under this chapter are collected.
4152	4152	(f) The department shall collect the additional fee on a
4153	4153	vehicle that is owned by a resident of a county imposing a fee under
4154	4154	this section [and] that[, under this chapter,] must be registered
4155	4155	directly with the department. The department shall send all fees
4156	4156	collected for a county under this subsection to the county
4157	4157	treasurer to be credited to the county road and bridge fund.
4158	4158	(g) The department shall adopt rules [and develop forms]
4159	4159	necessary to administer registration [by mail] for a vehicle being
4160	4160	registered in a county imposing a fee under this section.
4161	4161	SECTION 136. Section 502.1725, Transportation Code, is
4162	4162	transferred to Subchapter H, Chapter 502, Transportation Code,
4163	4163	renumbered as Section 502.402, Transportation Code, and amended to
4164	4164	read as follows:
4165	4165	Sec. 502.402 [502.1725]. OPTIONAL COUNTY FEE FOR
4166	4166	TRANSPORTATION PROJECTS. (a) This section applies only to a
4167	4167	county:
4168	4168	(1) that borders the United Mexican States;
4169	4169	(2) that has a population of more than 300,000; and
4170	4170	(3) in which the largest municipality has a population
4171	4171	of less than 300,000.
4172	4172	(b) The commissioners court of a county by order may impose
4173	4173	an additional fee, not to exceed $10, for [registering] a vehicle
4174	4174	registered in the county.
4175	4175	(c) A vehicle that may be registered under this chapter
4176	4176	without payment of a registration fee may be registered [in a county
4177	4177	imposing a fee] under this section without payment of the
4178	4178	additional fee.
4179	4179	(d) A fee imposed under this section may take effect [only
4180	4180	on January 1 of a year. The county must adopt the order] and
4181	4181	[notify the department not later than September 1 of the year
4182	4182	preceding the year in which the fee takes effect.
4183	4183	[(e) A fee imposed under this section may] be removed in
4184	4184	accordance with Section 502.401 requirements[. The removal may
4185	4185	take effect only on January 1 of a year. A county may remove the
4186	4186	fee only by:
4187	4187	[(1) rescinding the order imposing the fee; and
4188	4188	[(2) notifying the department not later than September
4189	4189	1 of the year preceding the year in which the removal takes effect].
4190	4190	(e) [(f)] The [county assessor-collector of a county
4191	4191	imposing a fee under this section shall collect the] additional fee
4192	4192	shall be collected for a vehicle when other fees imposed under this
4193	4193	chapter are collected. The [county shall send the] fee revenue
4194	4194	collected shall be sent to the regional mobility authority of the
4195	4195	county to fund long-term transportation projects in the county.
4196	4196	(f) [(g) The department shall collect the additional fee
4197	4197	on a vehicle that is owned by a resident of a county imposing a fee
4198	4198	under this section and that, under this chapter, must be registered
4199	4199	directly with the department. The department shall send all fees
4200	4200	collected for a county under this subsection to the regional
4201	4201	mobility authority of the county to fund long-term transportation
4202	4202	projects in the county.
4203	4203	[(h)] The department shall adopt rules [and develop forms]
4204	4204	necessary to administer registration [by mail] for a vehicle being
4205	4205	registered in a county imposing a fee under this section.
4206	4206	SECTION 137. Section 502.173, Transportation Code, is
4207	4207	transferred to Subchapter H, Chapter 502, Transportation Code,
4208	4208	renumbered as Section 502.403, Transportation Code, and amended to
4209	4209	read as follows:
4210	4210	Sec. 502.403 [502.173]. OPTIONAL COUNTY FEE FOR CHILD
4211	4211	SAFETY. (a) The commissioners court of a county that has a
4212	4212	population greater than 1.3 million and in which a municipality
4213	4213	with a population of more than one million is primarily located may
4214	4214	impose by order an additional fee of not less than 50 cents or more
4215	4215	than $1.50 for [registering] a vehicle registered in the county.
4216	4216	The commissioners court of any other county may impose by order an
4217	4217	additional fee of not more than $1.50 for registering a vehicle in
4218	4218	the county.
4219	4219	(b) A vehicle that may be registered under this chapter
4220	4220	without payment of a registration fee may be registered [in a county
4221	4221	imposing a fee under this section] without payment of the
4222	4222	additional fee.
4223	4223	(c) A fee imposed under this section may take effect [only
4224	4224	on January 1 of a year. The county must adopt the order] and [notify
4225	4225	the department not later than September 10 of the year preceding the
4226	4226	year in which the fee takes effect.
4227	4227	[(d) A fee imposed under this section may] be removed in
4228	4228	accordance with the provisions of Section 502.401. [The removal
4229	4229	may take effect only on January 1 of a year. A county may remove the
4230	4230	fee only by:
4231	4231	[(1) rescinding the order imposing the fee; and
4232	4232	[(2) notifying the department not later than September
4233	4233	1 of the year preceding the year in which the removal takes effect.]
4234	4234	(d) [(e)] The [county assessor-collector of a county
4235	4235	imposing a fee under this section shall collect the] additional fee
4236	4236	shall be collected for a vehicle when other fees imposed under this
4237	4237	chapter are collected.
4238	4238	(e) [(f)] A county imposing a fee under this section may
4239	4239	deduct for administrative costs an amount of not more than 10
4240	4240	percent of the revenue it receives from the fee. The county may
4241	4241	also deduct from the fee revenue an amount proportional to the
4242	4242	percentage of county residents who live in unincorporated areas of
4243	4243	the county. After making the deductions provided for by this
4244	4244	subsection, the county shall send the remainder of the fee revenue
4245	4245	to the municipalities in the county according to their population.
4246	4246	(f) [(g)] A municipality with a population greater than
4247	4247	850,000 shall deposit revenue from a fee imposed under this
4248	4248	subsection to the credit of the child safety trust fund created
4249	4249	under Section 106.001, Local Government Code. A municipality with a
4250	4250	population less than 850,000 shall use revenue from a fee imposed
4251	4251	under this section in accordance with Subsection (f), Article
4252	4252	102.014, Code of Criminal Procedure.
4253	4253	(g) [(h)] After deducting administrative costs, a county
4254	4254	may use revenue from a fee imposed under this section only for a
4255	4255	purpose permitted by Subsection (g), Article 102.014, Code of
4256	4256	Criminal Procedure.
4257	4257	SECTION 138. Section 502.174, Transportation Code, is
4258	4258	transferred to Subchapter H, Chapter 502, Transportation Code,
4259	4259	renumbered as Section 502.404, Transportation Code, and amended to
4260	4260	read as follows:
4261	4261	Sec. 502.404 [502.174]. VOLUNTARY ASSESSMENT FOR YOUNG
4262	4262	FARMER LOAN GUARANTEES. (a) When a person registers a commercial
4263	4263	motor vehicle under Section 502.433 [502.163], the person shall pay
4264	4264	a voluntary assessment of $5.
4265	4265	(b) The county assessor-collector shall send an assessment
4266	4266	collected under this section to the comptroller, at the time and in
4267	4267	the manner prescribed by the Texas Agricultural Finance Authority,
4268	4268	for deposit in the Texas agricultural fund to the credit of the
4269	4269	young farmer loan guarantee account.
4270	4270	(c) The Texas Agricultural Finance Authority shall
4271	4271	prescribe procedures under which an assessment collected under this
4272	4272	section may be refunded. The county assessor-collector of the
4273	4273	county in which an assessment is collected shall:
4274	4274	(1) implement the refund procedures; and
4275	4275	(2) provide notice of those procedures to a person
4276	4276	paying an assessment at the time of payment.
4277	4277	SECTION 139. Section 502.1745, Transportation Code, is
4278	4278	transferred to Subchapter H, Chapter 502, Transportation Code,
4279	4279	renumbered as Section 502.405, Transportation Code, and amended to
4280	4280	read as follows:
4281	4281	Sec. 502.405 [502.1745]. DONOR EDUCATION, AWARENESS, AND
4282	4282	REGISTRY PROGRAM [VOLUNTARY FEE]. (a) The department shall
4283	4283	provide to each county assessor-collector the educational
4284	4284	materials for prospective donors provided as required by the Donor
4285	4285	Education, Awareness, and Registry Program of Texas under Chapter
4286	4286	49, Health and Safety Code. The [A county assessor-collector shall
4287	4287	make the] educational materials shall be made available in each
4288	4288	office authorized to accept applications for registration of motor
4289	4289	vehicles.
4290	4290	(b) A person may elect to pay [county assessor-collector
4291	4291	shall collect] an additional fee of $1 for the registration or
4292	4292	renewal of registration of a motor vehicle to pay the costs of the
4293	4293	Donor Education, Awareness, and Registry Program of Texas,
4294	4294	established under Chapter 49, Health and Safety Code, and of the
4295	4295	Texas Organ, Tissue, and Eye Donor Council, established under
4296	4296	Chapter 113, Health and Safety Code [, if the person registering or
4297	4297	renewing the registration of a motor vehicle opts to pay the
4298	4298	additional fee]. Notwithstanding any other provision of this
4299	4299	chapter, the county assessor-collector shall remit all fees
4300	4300	collected under this subsection to the comptroller, who shall
4301	4301	maintain the identity of the source of the fees.
4302	4302	(c) Three percent of all money collected under this section
4303	4303	may be appropriated only to the department to administer this
4304	4304	section.
4305	4305	SECTION 140. The heading to Subchapter I, Chapter 502,
4306	4306	Transportation Code, is amended to read as follows:
4307	4307	SUBCHAPTER I. ALTERNATE REGISTRATION FEES [TRANSFER AND REMOVAL OF
4308	4308	LICENSE PLATES FOR THE SALE OR TRANSFER OF USED VEHICLES]
4309	4309	SECTION 141. Section 502.164, Transportation Code, is
4310	4310	transferred to Subchapter I, Chapter 502, Transportation Code, and
4311	4311	renumbered as Section 502.431, Transportation Code, to read as
4312	4312	follows:
4313	4313	Sec. 502.431 [502.164]. FEE: MOTOR VEHICLE USED
4314	4314	EXCLUSIVELY TO TRANSPORT AND SPREAD FERTILIZER. The fee for a
4315	4315	registration year for registration of a motor vehicle designed or
4316	4316	modified and used exclusively to transport to the field and spread
4317	4317	fertilizer, including agricultural limestone, is $75.
4318	4318	SECTION 142. Section 502.1586, Transportation Code, is
4319	4319	transferred to Subchapter I, Chapter 502, Transportation Code,
4320	4320	renumbered as Section 502.432, Transportation Code, and amended to
4321	4321	read as follows:
4322	4322	Sec. 502.432 [502.1586]. [REGISTRATION PERIOD FOR
4323	4323	TRUCK-TRACTOR OR COMMERCIAL MOTOR] VEHICLE TRANSPORTING SEASONAL
4324	4324	AGRICULTURAL PRODUCTS. (a) The department shall provide for a
4325	4325	monthly registration period for a truck-tractor or a commercial
4326	4326	motor vehicle that:
4327	4327	(1) is used exclusively to transport a seasonal
4328	4328	agricultural product; and
4329	4329	(2) would otherwise be registered for a vehicle
4330	4330	registration year.
4331	4331	(b) The department shall [adopt forms for registration
4332	4332	under this section. An applicant must indicate the number of months
4333	4333	registration is applied for.
4334	4334	[(c) The department shall design,] prescribe [, and
4335	4335	furnish] a registration receipt that is valid until the expiration
4336	4336	of the designated registration period.
4337	4337	(c) [(d)] The registration fee for a registration under
4338	4338	this section is computed at a rate of one-twelfth the annual
4339	4339	registration fee under Section 502.253 [502.162], 502.433
4340	4340	[502.163], or 502.255 [502.167], as applicable, multiplied by the
4341	4341	number of months in the registration period specified in the
4342	4342	application for the registration, which may not be less than one
4343	4343	month or longer than six months.
4344	4344	(d) [(e) A person issued a registration under this section
4345	4345	commits an offense if the person, during the registration period
4346	4346	for the truck-tractor or commercial motor vehicle, uses the
4347	4347	truck-tractor or commercial motor vehicle for a purpose other than
4348	4348	to transport a seasonal agricultural product.
4349	4349	[(f) A truck-tractor or commercial motor vehicle may not be
4350	4350	registered under this section for a registration period that is
4351	4351	less than one month or longer than six months.
4352	4352	[(g)] For purposes of this section, "to transport a seasonal
4353	4353	agricultural product" includes any transportation activity
4354	4354	necessary for the production, harvest, or delivery of an
4355	4355	agricultural product that is produced seasonally.
4356	4356	SECTION 143. Section 502.163, Transportation Code, is
4357	4357	transferred to Subchapter I, Chapter 502, Transportation Code,
4358	4358	renumbered as Section 502.433, Transportation Code, and amended to
4359	4359	read as follows:
4360	4360	Sec. 502.433 [502.163]. FEE: COMMERCIAL FARM MOTOR
4361	4361	VEHICLE [USED PRIMARILY FOR FARM PURPOSES; OFFENSE]. (a) The
4362	4362	registration fee for a commercial motor vehicle as a farm vehicle is
4363	4363	50 percent of the applicable fee under Section 502.253 [502.162] if
4364	4364	the vehicle's owner will use the vehicle for commercial purposes
4365	4365	only to transport:
4366	4366	(1) the person's own poultry, dairy, livestock,
4367	4367	livestock products, timber in its natural state, or farm products
4368	4368	to market or another place for sale or processing;
4369	4369	(2) laborers from their place of residence to the
4370	4370	owner's farm or ranch; or
4371	4371	(3) without charge, materials, tools, equipment, or
4372	4372	supplies from the place of purchase or storage to the owner's farm
4373	4373	or ranch exclusively for the owner's use or for use on the farm or
4374	4374	ranch.
4375	4375	(b) A commercial motor vehicle may be registered under this
4376	4376	section despite its use for transporting without charge the owner
4377	4377	or a member of the owner's family:
4378	4378	(1) to attend church or school;
4379	4379	(2) to visit a doctor for medical treatment or
4380	4380	supplies; or
4381	4381	(3) for other necessities of the home or family.
4382	4382	(c) Subsection (b) does not permit the use of a vehicle
4383	4383	registered under this section in connection with gainful employment
4384	4384	other than farming or ranching.
4385	4385	(d) The department shall provide distinguishing license
4386	4386	plates for a vehicle registered under this section.
4387	4387	(e) The owner of a commercial motor vehicle registered under
4388	4388	this section commits an offense if the person uses or permits to be
4389	4389	used the vehicle for a purpose other than one permitted by this
4390	4390	section. Each use or permission for use in violation of this
4391	4391	section is a separate offense.
4392	4392	[(f) An offense under this section is a misdemeanor
4393	4393	punishable by a fine of not less than $25 or more than $200.]
4394	4394	SECTION 144. Section 502.351, Transportation Code, is
4395	4395	transferred to Subchapter I, Chapter 502, Transportation Code,
4396	4396	renumbered as Section 502.434, Transportation Code, and amended to
4397	4397	read as follows:
4398	4398	Sec. 502.434 [502.351]. FARM VEHICLES: EXCESS WEIGHT. (a)
4399	4399	The owner of a registered commercial motor vehicle, truck-tractor,
4400	4400	trailer, or semitrailer may obtain a short-term permit to haul
4401	4401	loads of a weight more than that for which the vehicle is registered
4402	4402	by paying an additional fee before the additional weight is hauled
4403	4403	to transport:
4404	4404	(1) the person's own seasonal agricultural products to
4405	4405	market or another point for sale or processing;
4406	4406	(2) seasonal laborers from their place of residence to
4407	4407	a farm or ranch; or
4408	4408	(3) materials, tools, equipment, or supplies, without
4409	4409	charge, from the place of purchase or storage to a farm or ranch
4410	4410	exclusively for use on the farm or ranch.
4411	4411	(b) A permit may not be issued under this section for a
4412	4412	period that is less than one month or that:
4413	4413	(1) is greater than one year; or
4414	4414	(2) extends beyond the expiration of the registration
4415	4415	year for the vehicle.
4416	4416	(c) A permit issued under this section for a quarter must be
4417	4417	for a calendar quarter.
4418	4418	(d) The fee for a permit under this section is a percentage
4419	4419	of the difference between the registration fee otherwise prescribed
4420	4420	[by this chapter] for the vehicle and the annual fee for the desired
4421	4421	weight, as follows:
4422	4422	One month (30 consecutive days) 10 percent One month (30 consecutive days) 10 percent
4423	4423	One month (30 consecutive days) 10 percent
4424	4424	One quarter 30 percent One quarter 30 percent
4425	4425	One quarter 30 percent
4426	4426	Two quarters 60 percent Two quarters 60 percent
4427	4427	Two quarters 60 percent
4428	4428	Three quarters 90 percent Three quarters 90 percent
4429	4429	Three quarters 90 percent
4430	4430	(e) The department shall design, prescribe, and furnish a
4431	4431	sticker, plate, or other means of indicating the additional weight
4432	4432	and the registration period for each vehicle registered under this
4433	4433	section.
4434	4434	SECTION 145. Section 502.188, Transportation Code, is
4435	4435	transferred to Subchapter I, Chapter 502, Transportation Code,
4436	4436	renumbered as Section 502.435, Transportation Code, and amended to
4437	4437	read as follows:
4438	4438	Sec. 502.435 [502.188]. CERTAIN SOIL CONSERVATION
4439	4439	EQUIPMENT. (a) The owner of a truck-tractor, semitrailer, or
4440	4440	low-boy trailer used on a highway exclusively to transport the
4441	4441	owner's soil conservation machinery or equipment used in clearing
4442	4442	real property, terracing, or building farm ponds, levees, or
4443	4443	ditches may register the vehicle for a fee equal to 50 percent of
4444	4444	the fee otherwise prescribed by this chapter for the vehicle.
4445	4445	(b) An owner may register only one truck-tractor and only
4446	4446	one semitrailer or low-boy trailer under this section.
4447	4447	(c) An owner [applying for registration under this section]
4448	4448	must certify [submit a statement] that the vehicle is to be used
4449	4449	only as provided by Subsection (a).
4450	4450	(d) The registration receipt issued for a vehicle
4451	4451	registered under this section must be carried in or on the vehicle
4452	4452	and [shall] state the nature of the operation for which the vehicle
4453	4453	may be used. [The receipt must be carried at all times in or on the
4454	4454	vehicle to permit ready inspection.]
4455	4455	(e) A vehicle to which this section applies that is operated
4456	4456	on a public highway in violation of this section is considered to be
4457	4457	operated while unregistered and is immediately subject to the
4458	4458	applicable registration fees and penalties prescribed by this
4459	4459	chapter.
4460	4460	SECTION 146. Chapter 502, Transportation Code, is amended
4461	4461	by adding Subchapter J to read as follows:
4462	4462	SUBCHAPTER J. REGISTRATIONS EXEMPT FROM FEES
4463	4463	SECTION 147. Section 502.201, Transportation Code, is
4464	4464	transferred to Subchapter J, Chapter 502, Transportation Code, as
4465	4465	added by this Act, renumbered as Section 502.451, Transportation
4466	4466	Code, and amended to read as follows:
4467	4467	Sec. 502.451 [502.201]. [LICENSE PLATES FOR] EXEMPT
4468	4468	VEHICLES. (a) Before license plates are issued or delivered to
4469	4469	the owner of a vehicle that is exempt by law from payment of
4470	4470	registration fees, the department must approve the application for
4471	4471	registration. The department may not approve an application if
4472	4472	there is the appearance that:
4473	4473	(1) the vehicle was transferred to the owner or
4474	4474	purported owner:
4475	4475	(A) for the sole purpose of evading the payment
4476	4476	of registration fees; or
4477	4477	(B) in bad faith; or
4478	4478	(2) the vehicle is not being used in accordance with
4479	4479	the exemption requirements.
4480	4480	(b) The department shall revoke the registration of a
4481	4481	vehicle issued license plates under this section and may recall the
4482	4482	plates if the vehicle is no longer:
4483	4483	(1) owned and operated by the person whose ownership
4484	4484	of the vehicle qualified the vehicle for the exemption; or
4485	4485	(2) used in accordance with the exemption
4486	4486	requirements.
4487	4487	(c) The owner of a vehicle described by Subsection (b) shall
4488	4488	return the license plates and registration receipt to the
4489	4489	department for cancellation.
4490	4490	(d) The department shall provide by rule for the issuance of
4491	4491	specially designated license plates for vehicles that are exempt by
4492	4492	law. Except as provided by Subsection (g), the license plates must
4493	4493	bear the word "exempt."
4494	4494	(e) A license plate under Subsection (d) is not issued
4495	4495	annually, but remains on the vehicle until:
4496	4496	(1) the registration is revoked as provided by
4497	4497	Subsection (b); or
4498	4498	(2) the plate is lost, stolen, or mutilated.
4499	4499	(f) A person who operates on a public highway a vehicle
4500	4500	after the registration has been revoked is liable for the penalties
4501	4501	for failing to register a vehicle.
4502	4502	(g) The department shall provide by rule for the issuance of
4503	4503	regularly designed license plates not bearing the word "exempt" for
4504	4504	a vehicle that is exempt by law and that is:
4505	4505	(1) a law enforcement vehicle, if the agency certifies
4506	4506	to the department that the vehicle will be dedicated to law
4507	4507	enforcement activities;
4508	4508	(2) a vehicle exempt from inscription requirements
4509	4509	under a rule adopted as provided by Section 721.003; or
4510	4510	(3) a vehicle exempt from inscription requirements
4511	4511	under an order or ordinance adopted by a governing body of a
4512	4512	municipality or commissioners court of a county as provided by
4513	4513	Section 721.005, if the applicant presents a copy of the order or
4514	4514	ordinance.
4515	4515	SECTION 148. Section 502.2015, Transportation Code, is
4516	4516	transferred to Subchapter J, Chapter 502, Transportation Code, as
4517	4517	added by this Act, renumbered as Section 502.452, Transportation
4518	4518	Code, and amended to read as follows:
4519	4519	Sec. 502.452 [502.2015]. LIMITATION ON ISSUANCE OF EXEMPT
4520	4520	LICENSE PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department
4521	4521	may not issue exempt license plates for a vehicle owned by the
4522	4522	United States, this state, or a political subdivision of this state
4523	4523	unless when application is made for registration of the vehicle,
4524	4524	the person who under Section 502.453 [502.202] has authority to
4525	4525	certify to the department that the vehicle qualifies for
4526	4526	registration under that section also certifies in writing to the
4527	4527	department that there is printed on each side of the vehicle, in
4528	4528	letters that are at least two inches high or in an emblem that is at
4529	4529	least 100 square inches in size, the name of the agency, department,
4530	4530	bureau, board, commission, or officer of the United States, this
4531	4531	state, or the political subdivision of this state that has custody
4532	4532	of the vehicle. The letters or emblem must be of a color
4533	4533	sufficiently different from the body of the vehicle to be clearly
4534	4534	legible from a distance of 100 feet.
4535	4535	(b) The department may not issue exempt license plates for a
4536	4536	vehicle owned by a person other than the United States, this state,
4537	4537	or a political subdivision of this state unless, when application
4538	4538	is made for registration of the vehicle, the person who under
4539	4539	Section 502.453 [502.202] has authority to certify to the
4540	4540	department that the vehicle qualifies for registration under that
4541	4541	section also certifies in writing to the department that the name of
4542	4542	the owner of the vehicle is printed on the vehicle in the manner
4543	4543	prescribed by Subsection (a).
4544	4544	(c) A peace officer listed in Article 2.12, Code of Criminal
4545	4545	Procedure, may seize a motor vehicle displaying exempt license
4546	4546	plates if the vehicle is:
4547	4547	(1) operated on a public highway; and
4548	4548	(2) not identified in the manner prescribed by
4549	4549	Subsection (a) or (b), unless the vehicle is covered by Subsection
4550	4550	(f).
4551	4551	(d) A peace officer who seizes a motor vehicle under
4552	4552	Subsection (c) may require that the vehicle be:
4553	4553	(1) moved to the nearest place of safety off the
4554	4554	main-traveled part of the highway; or
4555	4555	(2) removed and placed in the nearest vehicle storage
4556	4556	facility designated or maintained by the law enforcement agency
4557	4557	that employs the peace officer.
4558	4558	(e) To obtain the release of the vehicle, in addition to any
4559	4559	other requirement of law, the owner of a vehicle seized under
4560	4560	Subsection (c) must:
4561	4561	(1) remedy the defect by identifying the vehicle as
4562	4562	required by Subsection (a) or (b); or
4563	4563	(2) agree in writing with the law enforcement agency
4564	4564	to provide evidence to that agency, before the 10th day after the
4565	4565	date the vehicle is released, that the defect has been remedied by
4566	4566	identifying the vehicle as required by Subsection (a) or (b).
4567	4567	(f) Subsections (a) and (b) do not apply to a vehicle to
4568	4568	which Section 502.451(g) [502.201(g) or 502.206] applies.
4569	4569	(g) For purposes of this section, an exempt license plate is
4570	4570	a license plate issued by the department that is plainly marked with
4571	4571	the word "exempt."
4572	4572	SECTION 149. Section 502.202, Transportation Code, is
4573	4573	transferred to Subchapter J, Chapter 502, Transportation Code, as
4574	4574	added by this Act, renumbered as Section 502.453, Transportation
4575	4575	Code, and amended to read as follows:
4576	4576	Sec. 502.453 [502.202]. GOVERNMENT-OWNED VEHICLES; PUBLIC
4577	4577	SCHOOL BUSES; FIRE-FIGHTING VEHICLES; COUNTY MARINE LAW
4578	4578	ENFORCEMENT VEHICLES. (a) The owner of a motor vehicle, trailer,
4579	4579	or semitrailer may annually apply for registration under Section
4580	4580	502.451 [502.201] and is exempt from the payment of a registration
4581	4581	fee under this chapter if the vehicle is:
4582	4582	(1) owned by and used exclusively in the service of:
4583	4583	(A) the United States;
4584	4584	(B) this state; or
4585	4585	(C) a county, municipality, or school district in
4586	4586	this state;
4587	4587	(2) owned by a commercial transportation company and
4588	4588	used exclusively to provide public school transportation services
4589	4589	to a school district under Section 34.008, Education Code;
4590	4590	(3) designed and used exclusively for fire fighting;
4591	4591	(4) owned by a volunteer fire department and used
4592	4592	exclusively in the conduct of department business; [or]
4593	4593	(5) privately owned and used by a volunteer
4594	4594	exclusively in county marine law enforcement activities, including
4595	4595	rescue operations, under the direction of the sheriff's department;
4596	4596	or
4597	4597	(6) used by law enforcement under an alias for covert
4598	4598	criminal investigations.
4599	4599	(b) An application for registration under this section must
4600	4600	be made by a person having the authority to certify that the vehicle
4601	4601	meets the exemption requirements prescribed by Subsection (a). An
4602	4602	application for registration under this section of a fire-fighting
4603	4603	vehicle described by Subsection (a)(3) must include a reasonable
4604	4604	description of the vehicle and of any fire-fighting equipment
4605	4605	mounted on the vehicle. An application for registration under this
4606	4606	section of a vehicle described by Subsection (a)(5) must include a
4607	4607	statement signed by a person having the authority to act for a
4608	4608	sheriff's department that the vehicle is used exclusively in marine
4609	4609	law enforcement activities under the direction of the sheriff's
4610	4610	department.
4611	4611	SECTION 150. Section 502.203, Transportation Code, is
4612	4612	transferred to Subchapter J, Chapter 502, Transportation Code, as
4613	4613	added by this Act, renumbered as Section 502.454, Transportation
4614	4614	Code, and amended to read as follows:
4615	4615	Sec. 502.454 [502.203]. VEHICLES USED BY NONPROFIT
4616	4616	DISASTER RELIEF ORGANIZATIONS. (a) The owner of a commercial motor
4617	4617	vehicle, trailer, or semitrailer may apply for registration under
4618	4618	Section 502.451 [502.201] and is exempt from the payment of the
4619	4619	registration fee that would otherwise be required by this chapter
4620	4620	if the vehicle is owned and used exclusively for emergencies by a
4621	4621	nonprofit disaster relief organization.
4622	4622	(b) An application for registration under this section must
4623	4623	include:
4624	4624	(1) a statement by the owner of the vehicle that the
4625	4625	vehicle is used exclusively for emergencies and has not been used
4626	4626	for any other purpose;
4627	4627	(2) a statement signed by an officer of the nonprofit
4628	4628	disaster relief organization that the vehicle has not been used for
4629	4629	any purpose other than emergencies and qualifies for registration
4630	4630	under this section; and
4631	4631	(3) a reasonable description of the vehicle and the
4632	4632	emergency equipment included in the vehicle.
4633	4633	(c) An applicant for registration under this section must
4634	4634	pay a fee of $5.
4635	4635	(d) A commercial motor vehicle registered under this
4636	4636	section must display the name of the organization that owns it on
4637	4637	each front door.
4638	4638	(e) A vehicle registered under this section must display at
4639	4639	all times an appropriate license plate showing the vehicle's
4640	4640	status.
4641	4641	(f) A vehicle registered under this section that is used for
4642	4642	any purpose other than an emergency may not again be registered
4643	4643	under this section.
4644	4644	SECTION 151. Section 502.2035, Transportation Code, is
4645	4645	transferred to Subchapter J, Chapter 502, Transportation Code, as
4646	4646	added by this Act, and renumbered as Section 502.455,
4647	4647	Transportation Code, to read as follows:
4648	4648	Sec. 502.455 [502.2035]. TRAILERS AND SEMITRAILERS OWNED
4649	4649	BY RELIGIOUS ORGANIZATIONS. (a) A trailer or semitrailer may be
4650	4650	registered without payment if the trailer or semitrailer is:
4651	4651	(1) owned by an organization that qualifies as a
4652	4652	religious organization under Section 11.20, Tax Code; and
4653	4653	(2) used primarily for the purpose of transporting
4654	4654	property in connection with the charitable activities and functions
4655	4655	of the organization.
4656	4656	(b) An application for registration under this section must
4657	4657	include a statement signed by an officer of the religious
4658	4658	organization stating that the trailer or semitrailer qualifies for
4659	4659	registration under this section.
4660	4660	SECTION 152. Section 502.204, Transportation Code, is
4661	4661	transferred to Subchapter J, Chapter 502, Transportation Code, as
4662	4662	added by this Act, renumbered as Section 502.456, Transportation
4663	4663	Code, and amended to read as follows:
4664	4664	Sec. 502.456 [502.204]. EMERGENCY SERVICES VEHICLES. (a)
4665	4665	A vehicle may be registered without payment if:
4666	4666	(1) the vehicle is owned or leased by an emergency
4667	4667	medical services provider that:
4668	4668	(A) is a nonprofit entity; or
4669	4669	(B) is created and operated by:
4670	4670	(i) a county;
4671	4671	(ii) a municipality; or
4672	4672	(iii) any combination of counties and
4673	4673	municipalities through a contract, joint agreement, or other method
4674	4674	provided by Chapter 791, Government Code, or other law authorizing
4675	4675	counties and municipalities to provide joint programs; and
4676	4676	(2) the vehicle:
4677	4677	(A) is authorized under an emergency medical
4678	4678	services provider license issued by the Department of State [Texas
4679	4679	Board of] Health Services under Chapter 773, Health and Safety
4680	4680	Code, and is used exclusively as an emergency medical services
4681	4681	vehicle; or
4682	4682	(B) is an emergency medical services chief or
4683	4683	supervisor vehicle and is used exclusively as an emergency services
4684	4684	vehicle.
4685	4685	(b) A vehicle may be registered without payment of a
4686	4686	registration fee if the vehicle:
4687	4687	(1) is owned by the Civil Air Patrol, Texas Wing; and
4688	4688	(2) is used exclusively as an emergency services
4689	4689	vehicle by members of the Civil Air Patrol, Texas Wing.
4690	4690	(c) An application for registration under Subsection (a)
4691	4691	must be accompanied by a copy of the license issued by the
4692	4692	Department of State [Texas Board of] Health Services. An
4693	4693	application for registration of an emergency medical services
4694	4694	vehicle must include a statement signed by an officer of the
4695	4695	emergency medical services provider that the vehicle is used
4696	4696	exclusively as an emergency response vehicle and qualifies for
4697	4697	registration under this section. An application for registration
4698	4698	of an emergency medical services chief or supervisor vehicle must
4699	4699	include a statement signed by an officer of the emergency medical
4700	4700	services provider stating that the vehicle qualifies for
4701	4701	registration under this section.
4702	4702	(d) An application for registration under Subsection (b)
4703	4703	must include a statement signed by an officer of the Civil Air
4704	4704	Patrol, Texas Wing, that the vehicle is used exclusively as an
4705	4705	emergency services vehicle by members of the Civil Air Patrol,
4706	4706	Texas Wing.
4707	4707	(e) The department must approve an application for
4708	4708	registration under this section as provided by Section 502.451
4709	4709	[502.201].
4710	4710	SECTION 153. Section 520.0225, Transportation Code, is
4711	4711	transferred to Subchapter J, Chapter 502, Transportation Code, as
4712	4712	added by this Act, renumbered as Section 502.457, Transportation
4713	4713	Code, and amended to read as follows:
4714	4714	Sec. 502.457 [520.0225]. PERSONS ON ACTIVE DUTY IN ARMED
4715	4715	FORCES OF UNITED STATES. (a) This section applies only to a used
4716	4716	motor vehicle that is owned by a person who:
4717	4717	(1) is on active duty in the armed forces of the United
4718	4718	States;
4719	4719	(2) is stationed in or has been assigned to another
4720	4720	nation under military orders; and
4721	4721	(3) has registered the vehicle or been issued a
4722	4722	license for the vehicle under the applicable status of forces
4723	4723	agreement by:
4724	4724	(A) the appropriate branch of the armed forces of
4725	4725	the United States; or
4726	4726	(B) the nation in which the person is stationed
4727	4727	or to which the person has been assigned.
4728	4728	(b) The requirement [in Section 520.021] that a used vehicle
4729	4729	be registered under the law of this state does not apply to a
4730	4730	vehicle described by Subsection (a). In lieu of delivering the
4731	4731	license receipt to the transferee of the vehicle, as required by
4732	4732	Section 501.0721 [520.022], the person selling, trading, or
4733	4733	otherwise transferring a used motor vehicle described by Subsection
4734	4734	(a) shall deliver to the transferee:
4735	4735	(1) a letter written on official letterhead by the
4736	4736	owner's unit commander attesting to the registration of the vehicle
4737	4737	under Subsection (a)(3); or
4738	4738	(2) the registration receipt issued by the appropriate
4739	4739	branch of the armed forces or host nation.
4740	4740	(c) A registration receipt issued by a host nation that is
4741	4741	not written in the English language must be accompanied by:
4742	4742	(1) a written translation of the registration receipt
4743	4743	in English; and
4744	4744	(2) an affidavit, in English and signed by the person
4745	4745	translating the registration receipt, attesting to the person's
4746	4746	ability to translate the registration receipt into English.
4747	4747	SECTION 154. Chapter 502, Transportation Code, is amended
4748	4748	by adding Subchapter K to read as follows:
4749	4749	SUBCHAPTER K. OFFENSES AND PENALTIES
4750	4750	SECTION 155. Section 502.401, Transportation Code, is
4751	4751	transferred to Subchapter K, Chapter 502, Transportation Code, as
4752	4752	added by this Act, renumbered as Section 502.471, Transportation
4753	4753	Code, and amended to read as follows:
4754	4754	Sec. 502.471 [502.401]. GENERAL PENALTY. (a) A person
4755	4755	commits an offense if the person violates a provision of this
4756	4756	chapter and no other penalty is prescribed for the violation.
4757	4757	(b) Unless otherwise specified, an [This section does not
4758	4758	apply to a violation of Section 502.003, 502.101, 502.109, 502.112,
4759	4759	502.113, 502.114, 502.152, 502.164, or 502.282.
4760	4760	[(c) An] offense under this section is a misdemeanor
4761	4761	punishable by a fine not to exceed $200.
4762	4762	SECTION 156. Section 502.402, Transportation Code, is
4763	4763	transferred to Subchapter K, Chapter 502, Transportation Code, as
4764	4764	added by this Act, renumbered as Section 502.472, Transportation
4765	4765	Code, and amended to read as follows:
4766	4766	Sec. 502.472 [502.402]. OPERATION OF VEHICLE UNDER IMPROPER
4767	4767	REGISTRATION [UNREGISTERED MOTOR VEHICLE]. [(a)] A person commits
4768	4768	an offense if the person operates a motor vehicle that has not been
4769	4769	registered or registered for a class other than that to which the
4770	4770	vehicle belongs as required by law. [An offense under this
4771	4771	subsection is a misdemeanor punishable by a fine not to exceed
4772	4772	$200.]
4773	4773	SECTION 157. Section 502.404, Transportation Code, is
4774	4774	transferred to Subchapter K, Chapter 502, Transportation Code, as
4775	4775	added by this Act, renumbered as Section 502.473, Transportation
4776	4776	Code, and amended to read as follows:
4777	4777	Sec. 502.473 [502.404]. OPERATION OF VEHICLE WITHOUT
4778	4778	[LICENSE PLATE OR] REGISTRATION INSIGNIA. (a) A person commits an
4779	4779	offense if the person operates on a public highway during a
4780	4780	registration period a passenger car, [or] commercial motor vehicle,
4781	4781	road tractor, motorcycle, trailer, or semitrailer that does not
4782	4782	display a [two license plates, at the front and rear of the vehicle,
4783	4783	that have been:
4784	4784	[(1) assigned by the department for the period; or
4785	4785	[(2)] validated [by a] registration insignia issued by
4786	4786	the department that establishes that the vehicle is registered [for
4787	4787	the period].
4788	4788	(b) Subsection [A person commits an offense if the person
4789	4789	operates on a public highway during a registration period a
4790	4790	passenger car or commercial motor vehicle, other than a vehicle
4791	4791	assigned license plates for the registration period, that does not
4792	4792	properly display the registration insignia issued by the department
4793	4793	that establishes that the license plates have been validated for
4794	4794	the period.
4795	4795	[(c) A person commits an offense if the person operates on a
4796	4796	public highway during a registration period a road tractor,
4797	4797	motorcycle, trailer, or semitrailer that does not display a license
4798	4798	plate, attached to the rear of the vehicle, that has been:
4799	4799	[(1) assigned by the department for the period; or
4800	4800	[(2) validated by a registration insignia issued by
4801	4801	the department that establishes that the vehicle is registered for
4802	4802	the period.
4803	4803	[(d) Subsections] (a) does [and (b) do] not apply to a
4804	4804	dealer operating a vehicle as provided by law.
4805	4805	(c) [(e) An offense under this section is a misdemeanor
4806	4806	punishable by a fine not to exceed $200.
4807	4807	[(f)] A court may dismiss a charge brought under Subsection
4808	4808	(a) if the defendant:
4809	4809	(1) remedies the defect before the defendant's first
4810	4810	court appearance; or [and]
4811	4811	(2) [pays an administrative fee not to exceed $10.
4812	4812	[(g) A court may dismiss a charge brought under Subsection
4813	4813	(b) if the defendant:
4814	4814	[(1)] shows that [:
4815	4815	[(A)] the passenger car or commercial [motor]
4816	4816	vehicle was issued a registration insignia by the department that
4817	4817	was attached to the passenger car or commercial vehicle that
4818	4818	establishes that the vehicle was registered for the period during
4819	4819	which the offense was committed; and
4820	4820	(3) [(B) the registration insignia described in
4821	4821	Paragraph (A) was attached to the passenger car or commercial motor
4822	4822	vehicle before the defendant's first court appearance; and
4823	4823	[(2)] pays an administrative fee not to exceed $10.
4824	4824	SECTION 158. Subchapter K, Chapter 502, Transportation
4825	4825	Code, as added by this Act, is amended by adding Section 502.474 to
4826	4826	read as follows:
4827	4827	Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A
4828	4828	person commits an offense if the person operates a vehicle for which
4829	4829	a one-trip permit is required without the registration receipt and
4830	4830	properly displayed temporary tag.
4831	4831	SECTION 159. Section 502.409, Transportation Code, as
4832	4832	amended by Chapters 30 (S.B. 369) and 1027 (H.B. 1623), Acts of the
4833	4833	80th Legislature, Regular Session, 2007, is transferred to
4834	4834	Subchapter K, Chapter 502, Transportation Code, as added by this
4835	4835	Act, renumbered as Section 502.475, Transportation Code, and
4836	4836	amended to read as follows:
4837	4837	Sec. 502.475 [502.409]. WRONG, FICTITIOUS, ALTERED, OR
4838	4838	OBSCURED INSIGNIA [LICENSE PLATE]. (a) A person commits an
4839	4839	offense if the person attaches to or displays on a motor vehicle [a
4840	4840	number plate or] registration insignia that:
4841	4841	(1) is assigned to a different motor vehicle;
4842	4842	(2) is assigned to the vehicle under any other motor
4843	4843	vehicle law other than by the department;
4844	4844	(3) is assigned for a registration period other than
4845	4845	the registration period in effect; or
4846	4846	(4) is fictitious [;
4847	4847	[(5) has blurring or reflective matter that
4848	4848	significantly impairs the readability of the name of the state in
4849	4849	which the vehicle is registered or the letters or numbers of the
4850	4850	license plate number at any time;
4851	4851	[(6) has an attached illuminated device or sticker,
4852	4852	decal, emblem, or other insignia that is not authorized by law and
4853	4853	that interferes with the readability of the letters or numbers of
4854	4854	the license plate number or the name of the state in which the
4855	4855	vehicle is registered; or
4856	4856	[(7) has a coating, covering, protective material, or
4857	4857	other apparatus that:
4858	4858	[(A) distorts angular visibility or
4859	4859	detectability;
4860	4860	[(B) alters or obscures one-half or more of the
4861	4861	name of the state in which the vehicle is registered; or
4862	4862	[(C) alters or obscures the letters or numbers of
4863	4863	the license plate number or the color of the plate].
4864	4864	(b) An [Except as provided by Subsection (f), an] offense
4865	4865	under Subsection (a) is a misdemeanor punishable by a fine of not
4866	4866	more than $200, unless it is shown at the trial of the offense that
4867	4867	the owner knowingly altered or made illegible the letters, numbers,
4868	4868	and other identification marks, in which case the offense is a Class
4869	4869	B misdemeanor.
4870	4870	[(c) Subsection (a)(7) may not be construed to apply to:
4871	4871	[(1) a trailer hitch installed on a vehicle in a normal
4872	4872	or customary manner;
4873	4873	[(2) a transponder, as defined by Section 228.057,
4874	4874	that is attached to a vehicle in the manner required by the issuing
4875	4875	authority;
4876	4876	[(3) a wheelchair lift or wheelchair carrier that is
4877	4877	attached to a vehicle in a normal or customary manner;
4878	4878	[(4) a trailer being towed by a vehicle; or
4879	4879	[(5) a bicycle rack that is attached to a vehicle in a
4880	4880	normal or customary manner.
4881	4881	[(c) A court may dismiss a charge brought under Subsection
4882	4882	(a)(3), (5), (6), or (7) if the defendant:
4883	4883	[(1) remedies the defect before the defendant's first
4884	4884	court appearance; and
4885	4885	[(2) pays an administrative fee not to exceed $10.
4886	4886	[(f) An offense under Subsection (a)(4) is a Class B
4887	4887	misdemeanor.]
4888	4888	SECTION 160. Subchapter K, Chapter 502, Transportation
4889	4889	Code, as added by this Act, is amended by adding Sections 502.476,
4890	4890	502.477, 502.478, and 502.479 to read as follows:
4891	4891	Sec. 502.476. FOREIGN COMMERCIAL REGISTRATION; OFFENSE. A
4892	4892	person who violates Section 502.093 commits an offense.
4893	4893	Sec. 502.477. NONRESIDENT-OWNED VEHICLES USED TO TRANSPORT
4894	4894	AGRICULTURAL PRODUCT; OFFENSE. (a) A person operating a vehicle
4895	4895	under a permit issued under Section 502.092 commits an offense if
4896	4896	the person:
4897	4897	(1) transports farm products to a place of market,
4898	4898	storage, or processing or a railhead or seaport that is farther from
4899	4899	the place of production or point of entry, as appropriate, than the
4900	4900	distance provided for in the permit; or
4901	4901	(2) follows a route other than that prescribed by the
4902	4902	department.
4903	4903	(b) An offense under this section is a misdemeanor
4904	4904	punishable by a fine of not less than $25 or more than $200.
4905	4905	Sec. 502.478. COMMERCIAL MOTOR VEHICLE USED PRIMARILY FOR
4906	4906	AGRICULTURAL PURPOSES; OFFENSE. An offense under Section 502.432
4907	4907	is a misdemeanor punishable by a fine of not less than $25 or more
4908	4908	than $200.
4909	4909	Sec. 502.479. SEASONAL AGRICULTURAL VEHICLE; OFFENSE. A
4910	4910	person issued a registration under Section 502.432 commits an
4911	4911	offense if the person, during the registration period, uses the
4912	4912	truck-tractor or commercial motor vehicle for a purpose other than
4913	4913	to transport a seasonal agricultural product.
4914	4914	SECTION 161. Section 520.014, Transportation Code, is
4915	4915	transferred to Subchapter K, Chapter 502, Transportation Code, as
4916	4916	added by this Act, renumbered as Section 502.480, Transportation
4917	4917	Code, and amended to read as follows:
4918	4918	Sec. 502.480 [520.014]. VIOLATION BY COUNTY
4919	4919	ASSESSOR-COLLECTOR; PENALTY. (a) A county assessor-collector
4920	4920	commits an offense if the county assessor-collector knowingly
4921	4921	accepts an application for the registration of a motor vehicle
4922	4922	that:
4923	4923	(1) has had the original motor number or vehicle
4924	4924	identification number removed, erased, or destroyed; and
4925	4925	(2) does not bear a motor number or vehicle
4926	4926	identification number assigned by the department.
4927	4927	(b) An offense under this section is a misdemeanor
4928	4928	punishable by a fine of not less than $10 and not more than $50.
4929	4929	SECTION 162. Chapter 502, Transportation Code, is amended
4930	4930	by adding Subchapter L to read as follows:
4931	4931	SUBCHAPTER L. REGISTRATION AND TRANSFER OF USED VEHICLES
4932	4932	SECTION 163. Section 502.451, Transportation Code, is
4933	4933	transferred to Subchapter L, Chapter 502, Transportation Code, as
4934	4934	added by this Act, renumbered as Section 502.491, Transportation
4935	4935	Code, and amended to read as follows:
4936	4936	Sec. 502.491 [502.451]. TRANSFER OF VEHICLE REGISTRATION
4937	4937	[AND REMOVAL OF LICENSE PLATES]. (a) On the sale or transfer of a
4938	4938	motor vehicle [to a dealer], [as defined by Section 503.001, who
4939	4939	holds a general distinguishing number issued under Chapter 503, the
4940	4940	dealer shall remove each license plate and] the registration
4941	4941	insignia issued for the motor vehicle shall be removed.
4942	4942	[(a-1) On a sale or transfer of a motor vehicle to a person
4943	4943	that does not hold a general distinguishing number issued under
4944	4944	Chapter 503, the seller or transferor may remove each license plate
4945	4945	and the registration insignia issued for the motor vehicle.]
4946	4946	(b) [A license plate removed from a motor vehicle under
4947	4947	Subsection (a) or (a-1) must be:
4948	4948	[(1) disposed of in the manner specified by the
4949	4949	department; or
4950	4950	[(2) transferred to another vehicle owned by the
4951	4951	seller or transferor as provided by Section 502.452.
4952	4952	[(c)] The part of the registration period remaining at the
4953	4953	time of the sale or transfer shall continue with the vehicle being
4954	4954	sold or transferred and does not transfer with the license plates or
4955	4955	registration validation insignia. To continue the remainder of
4956	4956	the registration period, the purchaser or transferee must file the
4957	4957	documents required under Section 501.145 [520.031].
4958	4958	SECTION 164. Section 502.454, Transportation Code, is
4959	4959	transferred to Subchapter L, Chapter 502, Transportation Code, as
4960	4960	added by this Act, renumbered as Section 502.492, Transportation
4961	4961	Code, and amended to read as follows:
4962	4962	Sec. 502.492 [502.454]. TEMPORARY PERMIT FOR A VEHICLE
4963	4963	PURCHASED [IN A PRIVATE PARTY TRANSACTION]. (a) A purchaser [or
4964	4964	transferee] may obtain from the department a temporary
4965	4965	[single-trip] permit to operate a motor vehicle:
4966	4966	(1) that is subject to registration in this state;
4967	4967	(2) from which the license plates and the registration
4968	4968	insignia have been removed as authorized by Section 502.491
4969	4969	[502.451(a-1)]; and
4970	4970	(3) that is not authorized to travel on a public
4971	4971	roadway because the required license plates and the registration
4972	4972	insignia are not attached to the vehicle.
4973	4973	(b) The department may issue the permit in accordance with
4974	4974	this section.
4975	4975	(c) A permit issued under this section is valid for one trip
4976	4976	between the point of origin and the destination and those
4977	4977	intermediate points specified in the permit.
4978	4978	(d) A permit issued under this section may not be valid for
4979	4979	longer than a five-day period.
4980	4980	(e) A person may obtain a permit under this section by
4981	4981	applying, as [on a form] provided by the department, to the
4982	4982	department. Application may be made using the department's
4983	4983	Internet website.
4984	4984	(f) A person is eligible to receive only one permit under
4985	4985	this section for a motor vehicle.
4986	4986	(g) A permit receipt issued under this section must be in
4987	4987	[on] a manner [form] provided by the department. The receipt must
4988	4988	contain the information required by this section and shall be
4989	4989	carried in the vehicle at all times during which it is valid.
4990	4990	(h) The department may refuse to issue a permit under this
4991	4991	section for any vehicle if in the department's opinion the
4992	4992	applicant has been involved in operations that constitute an abuse
4993	4993	of the privilege granted under this section.
4994	4994	SECTION 165. Section 504.001(a), Transportation Code, is
4995	4995	amended to read as follows:
4996	4996	(a) In this chapter:
4997	4997	(1) [,] "commission" and "director" have the meanings
4998	4998	assigned by Section 201.001; and
4999	4999	(2) "seller" and "purchaser" have the meanings
5000	5000	assigned by Section 501.002.
5001	5001	SECTION 166. Section 504.004, Transportation Code, is
5002	5002	renumbered as Section 504.0011, Transportation Code, and amended to
5003	5003	read as follows:
5004	5004	Sec. 504.0011 [504.004]. RULES [AND FORMS]. The
5005	5005	commission may adopt rules [and the department may issue forms] to
5006	5006	implement and administer this chapter.
5007	5007	SECTION 167. Section 504.002, Transportation Code, is
5008	5008	amended to read as follows:
5009	5009	Sec. 504.002. [PROVISIONS OF] GENERAL PROVISIONS
5010	5010	[APPLICABILITY]. Unless expressly provided by this chapter or by
5011	5011	department rule:
5012	5012	(1) except for license plates specified as exempt,
5013	5013	[any vehicle is eligible to be issued specialty license plates,
5014	5014	provided that the department may vary the design of a license plate
5015	5015	to accommodate or reflect its use on a motor vehicle other than a
5016	5016	passenger car or light truck;
5017	5017	[(2) an application for specialty license plates must
5018	5018	be submitted in the manner specified by the department, provided
5019	5019	that if issuance of a specialty license plate is limited to
5020	5020	particular persons or motor vehicles, the application must be
5021	5021	accompanied by evidence satisfactory to the department that the
5022	5022	applicant or the applicant's vehicle is eligible;
5023	5023	[(3)] the fee for issuance of a [specialty] license
5024	5024	plate, including replacement plates, is in addition to each other
5025	5025	fee that is paid for [or] at the time of the registration of the
5026	5026	motor vehicle and shall be deposited to the credit of the state
5027	5027	highway fund;
5028	5028	(2) [(4) each fee described by this chapter is an
5029	5029	annual fee, provided that the department may prorate the fee for a
5030	5030	specialty license plate fee on a monthly basis to align the license
5031	5031	plate fee to the registration period for the motor vehicle for which
5032	5032	the license plate was issued, and if a fee is prorated the
5033	5033	allocation of the fee by this chapter to an account or fund shall be
5034	5034	prorated in proportion;
5035	5035	[(5)] the department is the exclusive owner of the
5036	5036	design of each [specialty] license plate;
5037	5037	(3) [(6) the director may refuse to issue a specialty
5038	5038	license plate with a design or alphanumeric pattern that the
5039	5039	director considers potentially objectionable to one or more members
5040	5040	of the public and the director's refusal may not be overturned in
5041	5041	the absence of an abuse of discretion;
5042	5042	[(7) for each specialty license plate that is issued
5043	5043	through a county tax assessor-collector and for which the
5044	5044	department is allocated a portion of a fee for administrative
5045	5045	costs, the department shall credit 50 cents from its administrative
5046	5046	costs to the county treasurer of the applicable county, who shall
5047	5047	credit the money to the general fund of the county to defray the
5048	5048	costs to the county of administering this chapter;
5049	5049	[(8)] if a [specialty] license plate is lost, stolen,
5050	5050	or mutilated, an application for a replacement plate must be
5051	5051	accompanied by the fee prescribed by Section 502.060
5052	5052	[502.184(a)(2);
5053	5053	[(9) if the owner of a motor vehicle for which a
5054	5054	specialty license plate is issued disposes of the vehicle or for any
5055	5055	reason ceases to be eligible for that specialty license plate, the
5056	5056	owner shall return the specialty license plate to the department];
5057	5057	and
5058	5058	(4) the department shall prepare the designs and
5059	5059	specifications of license plates [(10) a person who is issued a
5060	5060	specialty license plate may not transfer it to another person or
5061	5061	vehicle without first receiving approval from the department].
5062	5062	SECTION 168. Section 504.103, Transportation Code, is
5063	5063	transferred to Subchapter A, Chapter 504, Transportation Code,
5064	5064	renumbered as Section 504.005, Transportation Code, and amended to
5065	5065	read as follows:
5066	5066	Sec. 504.005 [504.103]. DESIGN AND ALPHANUMERIC PATTERN.
5067	5067	The department has sole control over the design, typeface, color,
5068	5068	and alphanumeric pattern for all [a personalized] license plates
5069	5069	[plate].
5070	5070	SECTION 169. Subchapter A, Chapter 504, Transportation
5071	5071	Code, is amended by adding Section 504.006 to read as follows:
5072	5072	Sec. 504.006. DESIGN OF LICENSE PLATES. (a) The
5073	5073	department shall prepare the designs and specifications of license
5074	5074	plates and devices selected by the commission to be used as a unique
5075	5075	identifier.
5076	5076	(b) The department shall design each license plate to
5077	5077	include a design at least one-half inch wide that represents in
5078	5078	silhouette the shape of Texas and that appears between letters and
5079	5079	numerals. The department may omit the silhouette of Texas from
5080	5080	specially designed license plates.
5081	5081	(c) To promote highway safety, each license plate shall be
5082	5082	made with a reflectorized material that provides effective and
5083	5083	dependable brightness for the period for which the plate is issued.
5084	5084	SECTION 170. Section 502.053, Transportation Code, is
5085	5085	transferred to Subchapter A, Chapter 504, Transportation Code,
5086	5086	renumbered as Section 504.007, Transportation Code, and amended to
5087	5087	read as follows:
5088	5088	Sec. 504.007 [502.053]. COST OF MANUFACTURING [LICENSE
5089	5089	PLATES OR REGISTRATION INSIGNIA]. (a) The Texas Department of
5090	5090	Transportation shall reimburse the Texas Department of Criminal
5091	5091	Justice for the cost of manufacturing license plates or
5092	5092	registration insignia as [the license plates or insignia and] the
5093	5093	invoices [invoice] for the license plates or insignia are delivered
5094	5094	to the Texas Department of Transportation.
5095	5095	(b) When manufacturing is started, the Texas Department of
5096	5096	Criminal Justice and [,] the Texas Department of Transportation,
5097	5097	[and the comptroller,] after negotiation, shall set the price to be
5098	5098	paid for each license plate [or insignia]. The price must be
5099	5099	determined from:
5100	5100	(1) the cost of metal, paint, and other materials
5101	5101	purchased;
5102	5102	(2) the inmate maintenance cost per shift [day];
5103	5103	(3) overhead expenses;
5104	5104	(4) miscellaneous charges; and
5105	5105	(5) a previously agreed upon [approved] amount of
5106	5106	profit for the work.
5107	5107	[(c) The annual profit received by the Texas Department of
5108	5108	Criminal Justice from all contracts for the manufacturing of
5109	5109	license plates or related manufacturing may not be less than the
5110	5110	profit received by the Texas Department of Corrections for
5111	5111	manufacturing license plates for use in 1974.]
5112	5112	SECTION 171. Subchapter A, Chapter 504, Transportation
5113	5113	Code, is amended by adding Sections 504.008 and 504.009 to read as
5114	5114	follows:
5115	5115	Sec. 504.008. REPLACEMENT OF LICENSE PLATE. (a) The owner
5116	5116	of a registered motor vehicle may obtain replacement license plates
5117	5117	through the county assessor-collector by:
5118	5118	(1) certifying that the replacement plates will not be
5119	5119	used on any other vehicle owned or operated by the person making the
5120	5120	statement;
5121	5121	(2) paying a fee of $5 plus the fees required by
5122	5122	Sections 502.356(a) and 502.360 for each set of replacement license
5123	5123	plates, unless otherwise specified by law; and
5124	5124	(3) returning each replaced plate in the owner's
5125	5125	possession.
5126	5126	(b) A fee is not required under this section if the
5127	5127	replacement fee has been paid under Section 502.060. No fee is
5128	5128	required for the replacement of specialized license plates issued
5129	5129	under Section 504.202, 504.305, 504.308, 504.315(c), (e), or (f),
5130	5130	504.513, or 504.515.
5131	5131	(c) The owner of a vehicle issued license plates approved
5132	5132	under Section 504.501(b) or 504.502(c) may obtain approval of
5133	5133	another set of license plates as provided by Section 504.501 or
5134	5134	504.502, respectively. The fee for approval of replacement license
5135	5135	plates is $5.
5136	5136	(d) Replacement license plates may not be issued except in
5137	5137	compliance with this section.
5138	5138	(e) A county assessor-collector shall retain $2.50 of each
5139	5139	fee collected under this section and shall report and send the
5140	5140	remainder to the department as provided by Section 502.060.
5141	5141	(f) Replacement license plates may be used in the
5142	5142	registration year in which the plates are issued and during each
5143	5143	succeeding year of the six-year period as prescribed by Section
5144	5144	502.059(b) if the registration insignia is properly displayed on
5145	5145	the vehicle.
5146	5146	(g) Subsection (f) does not apply to the issuance of
5147	5147	specialized license plates for limited distribution, including
5148	5148	state official license plates, exempt plates for governmental
5149	5149	entities, and temporary registration plates.
5150	5150	(h) The owner of a vehicle listed in Section 502.059(f) or
5151	5151	504.011(d) may obtain replacement plates and a replacement
5152	5152	registration insignia by paying a fee of $5 plus the fees required
5153	5153	by Sections 502.356(a) and 502.360(a).
5154	5154	Sec. 504.009. SPECIALTY LICENSE PLATES. (a) The
5155	5155	department shall prepare the designs and specifications of
5156	5156	specialty license plates.
5157	5157	(b) Any motor vehicle other than a vehicle manufactured for
5158	5158	off-highway use only is eligible to be issued specialty license
5159	5159	plates, provided that the department may vary the design of a
5160	5160	license plate to accommodate or reflect its use on a motor vehicle
5161	5161	other than a passenger car or light truck.
5162	5162	(c) An application for specialty license plates must be
5163	5163	submitted in the manner specified by the department, provided that
5164	5164	if issuance of a specialty license plate is limited to particular
5165	5165	persons or motor vehicles, the application must be accompanied by
5166	5166	evidence satisfactory to the department that the applicant or the
5167	5167	applicant's vehicle is eligible.
5168	5168	(d) Each fee described by this chapter is an annual fee,
5169	5169	provided that the department may prorate the fee for a specialty
5170	5170	license plate fee on a monthly basis to align the license plate fee
5171	5171	to the registration month for the motor vehicle for which the
5172	5172	license plate was issued, and if a fee is prorated the allocation of
5173	5173	the fee by this chapter to an account or fund shall be prorated in
5174	5174	proportion.
5175	5175	(e) The director or the director's designee may refuse to
5176	5176	issue a specialty license plate with a design or alphanumeric
5177	5177	pattern that the director or designee considers potentially
5178	5178	objectionable to one or more members of the public and the director
5179	5179	or designee's refusal may not be overturned in the absence of an
5180	5180	abuse of discretion.
5181	5181	(f) The department is the exclusive owner of the design of
5182	5182	each license plate.
5183	5183	(g) For each specialty license plate that is issued by a
5184	5184	county assessor-collector and for which the department is allocated
5185	5185	a portion of the fee for administrative costs, the department shall
5186	5186	credit 50 cents from its administrative costs to the county
5187	5187	treasurer of the applicable county, who shall credit the money to
5188	5188	the general fund of the county to defray the costs to the county of
5189	5189	administering this chapter.
5190	5190	(h) A replacement license plate of a specialty license plate
5191	5191	must be accompanied by an application for a replacement plate and
5192	5192	the fee prescribed by Section 504.008.
5193	5193	(i) If the owner of a motor vehicle for which a specialty
5194	5194	license plate is issued disposes of the vehicle or for any reason
5195	5195	ceases to be eligible for that specialty license plate, the owner
5196	5196	shall return the specialty license plate to the department.
5197	5197	(j) A person who is issued a specialty license plate may not
5198	5198	transfer the plate to another person or vehicle unless the
5199	5199	department approves the transfer.
5200	5200	SECTION 172. Section 504.003, Transportation Code, is
5201	5201	renumbered as Section 504.010, Transportation Code, and amended to
5202	5202	read as follows:
5203	5203	Sec. 504.010 [504.003]. SOUVENIR LICENSE PLATES.
5204	5204	(a) The department may issue a souvenir version of any specialty
5205	5205	license plate for any vehicle[, including a motorcycle].
5206	5206	(b) The fee for a single souvenir license plate is $20. The
5207	5207	fee shall be deposited to the credit of the state highway fund
5208	5208	unless the souvenir license plate is a replica of a specialty
5209	5209	license plate issued under Subchapter G or I for which the fee is
5210	5210	deposited to an account other than the state highway fund, in which
5211	5211	case:
5212	5212	(1) $10 of the fee for the souvenir license plate shall
5213	5213	be deposited to the credit of the designated account; and
5214	5214	(2) $10 of the fee for the souvenir license plate shall
5215	5215	be deposited to the credit of the state highway fund.
5216	5216	(c) If the souvenir license plate is personalized, the fee
5217	5217	for the plate is $40. Of the fee:
5218	5218	(1) $20 shall be deposited to the credit of the state
5219	5219	highway fund;
5220	5220	(2) $10 shall be deposited to the credit of the
5221	5221	designated account if the souvenir license plate is a replica of a
5222	5222	specialty license plate issued under Subchapter G or I for which the
5223	5223	fee is deposited to a designated account other than the state
5224	5224	highway fund; and
5225	5225	(3) the remainder shall be deposited to the credit of
5226	5226	the general revenue fund.
5227	5227	(d) A souvenir license plate may not be used on a motor
5228	5228	vehicle[, including a motorcycle,] and is not an insignia of
5229	5229	registration for a motor vehicle. Each souvenir license plate must
5230	5230	be identified by the department in a way that identifies it to law
5231	5231	enforcement officers and others as a souvenir license plate.
5232	5232	(e) A beneficiary of a specialty license plate issued under
5233	5233	Subchapter G or I, as designated by the applicable section of those
5234	5234	subchapters, may purchase the specialty license plates, in minimum
5235	5235	quantity amounts determined by the department [boxes of 25,] for
5236	5236	use or resale by the beneficiary. The beneficiary shall pay the
5237	5237	required fee per plate, less the amount of the fee that would be
5238	5238	deposited to the credit of the designated account.
5239	5239	SECTION 173. Subchapter A, Chapter 504, Transportation
5240	5240	Code, is amended by adding Section 504.011 to read as follows:
5241	5241	Sec. 504.011. ISSUANCE OF LICENSE PLATE. (a) On payment of
5242	5242	the prescribed fee, an applicant for motor vehicle registration
5243	5243	shall be issued a license plate or set of plates.
5244	5244	(b) Subject to Subchapter I, the department shall issue only
5245	5245	one license plate or set of plates for a vehicle during a seven-year
5246	5246	period.
5247	5247	(c) On application and payment of the prescribed fee for a
5248	5248	renewal of the registration of a vehicle for the first through the
5249	5249	seventh year the department shall issue a registration insignia for
5250	5250	the validation of the license plate or plates to be attached as
5251	5251	provided by Chapter 502.
5252	5252	(d) The registration insignia for validation of a license
5253	5253	plate shall be attached to the rear license plate of the vehicle, if
5254	5254	the vehicle is:
5255	5255	(1) a motorcycle;
5256	5256	(2) machinery used exclusively to drill water wells or
5257	5257	construction machinery for which a distinguishing license plate has
5258	5258	been issued under Section 502.146; or
5259	5259	(3) oil well servicing, oil clean out, or oil well
5260	5260	drilling machinery or equipment for which a distinguishing license
5261	5261	plate has been issued under Subchapter G, Chapter 623.
5262	5262	SECTION 174. Section 504.101(a), Transportation Code, is
5263	5263	amended to read as follows:
5264	5264	(a) The department shall issue personalized license plates.
5265	5265	The department may not issue more than one set of license plates
5266	5266	with the same alphanumeric pattern. All personalized license
5267	5267	plates issued before January 1, 2013, may continue to be renewed in
5268	5268	accordance with the law at the time of initial issuance.
5269	5269	SECTION 175. Sections 504.201(b), (d), and (g),
5270	5270	Transportation Code, are amended to read as follows:
5271	5271	(b) The department shall issue specialty license plates for
5272	5272	a motor vehicle that:
5273	5273	(1) has a gross vehicle weight [manufacturer's rated
5274	5274	carrying capacity] of 18,000 pounds [two tons] or less; and
5275	5275	(2) is regularly operated for noncommercial use by or
5276	5276	for the transportation of a person with a permanent disability.
5277	5277	(d) The initial application for specialty license plates
5278	5278	under this section must be accompanied by a written statement from a
5279	5279	physician who is licensed to practice medicine in this state or in a
5280	5280	state adjacent to this state or who is authorized by applicable law
5281	5281	to practice medicine in a hospital or other health facility of the
5282	5282	Department of Veterans Affairs. If the applicant has a mobility
5283	5283	problem caused by a disorder of the foot, the written statement may
5284	5284	be issued by a person licensed to practice podiatry in this state or
5285	5285	a state adjacent to this state. In this subsection, "podiatry" has
5286	5286	the meaning assigned by Section 681.001. The statement must
5287	5287	certify that the person making the application or on whose behalf
5288	5288	the application is made is legally blind or has a mobility problem
5289	5289	that substantially impairs the person's ability to ambulate. The
5290	5290	statement must also certify whether a mobility problem is temporary
5291	5291	or permanent. A written statement is not required as acceptable
5292	5292	medical proof if:
5293	5293	(1) the person with a disability:
5294	5294	(A) has had a limb, hand, or foot amputated; or
5295	5295	(B) must use a wheelchair; and
5296	5296	(2) the applicant executes a statement [and the county
5297	5297	assessor-collector processing the application execute an
5298	5298	affidavit] attesting to the person's disability before the county
5299	5299	assessor-collector.
5300	5300	(g) In addition to a license plate issued under this
5301	5301	section, an eligible person is entitled to be issued a set of the
5302	5302	license plates for each motor vehicle owned by the person that has a
5303	5303	gross vehicle weight [carrying capacity] of 18,000 pounds [two
5304	5304	tons] or less and is equipped with special equipment that:
5305	5305	(1) is designed to allow a person who has lost the use
5306	5306	of one or both of the person's legs to operate the vehicle; and
5307	5307	(2) is not standard equipment on that type of vehicle
5308	5308	for use by a person who has use of both legs.
5309	5309	SECTION 176. Section 504.202(b), Transportation Code, is
5310	5310	amended to read as follows:
5311	5311	(b) A veteran of the United States armed forces is entitled
5312	5312	to register, for the person's own use, two motor vehicles under this
5313	5313	section if:
5314	5314	(1) the person has suffered, as a result of military
5315	5315	service:
5316	5316	(A) at least a 50 percent service-connected
5317	5317	disability; or
5318	5318	(B) a 40 percent service-connected disability
5319	5319	because of the amputation of a lower extremity;
5320	5320	(2) the person receives compensation from the United
5321	5321	States because of the disability; and
5322	5322	(3) the motor vehicle:
5323	5323	(A) is owned by the person; and
5324	5324	(B) has a gross vehicle weight [manufacturer's
5325	5325	rated carrying capacity] of 18,000 pounds [two tons] or less.
5326	5326	SECTION 177. Section 504.203(b), Transportation Code, is
5327	5327	amended to read as follows:
5328	5328	(b) An application for license plates under this section
5329	5329	must be accompanied by a written statement acknowledged [signed] by
5330	5330	the administrator or manager of the institution, facility, or
5331	5331	retirement community certifying that the institution, facility, or
5332	5332	retirement community regularly transports, as a part of the
5333	5333	services that the institution, facility, or retirement community
5334	5334	provides, one or more eligible persons who reside in the
5335	5335	institution, facility, or retirement community. The department
5336	5336	shall determine the eligibility of the institution, facility, or
5337	5337	retirement community on the evidence the applicant provides.
5338	5338	SECTION 178. Section 504.3011, Transportation Code, is
5339	5339	amended to read as follows:
5340	5340	Sec. 504.3011. DESIGN OF CERTAIN LICENSE PLATES FOR THE
5341	5341	MILITARY. [(a) License plates issued under Section 504.303 must
5342	5342	at a minimum bear a color depiction of the emblem of the appropriate
5343	5343	branch of the United States armed forces.
5344	5344	[(b) License plates issued under Section 504.308(a) or
5345	5345	504.315(e), (f), or (g) must at a minimum bear a color depiction of
5346	5346	the appropriate medal.
5347	5347	[(c)] The department shall design military license plates
5348	5348	that bear a color depiction of the emblem of the appropriate branch
5349	5349	of the United States armed forces or a color depiction of the
5350	5350	appropriate medal as provided by the United States Department of
5351	5351	Defense [to which this section applies in consultation with
5352	5352	veterans organizations].
5353	5353	SECTION 179. Section 504.315(d), Transportation Code, is
5354	5354	amended to read as follows:
5355	5355	(d) The department shall issue specialty license plates for
5356	5356	survivors of the attack on Pearl Harbor on December 7, 1941. The
5357	5357	license plates must include the words "Pearl Harbor Survivor" [and
5358	5358	must be consecutively numbered]. A person is eligible if the
5359	5359	person:
5360	5360	(1) served in the United States armed forces;
5361	5361	(2) was stationed in the Hawaiian Islands on December
5362	5362	7, 1941; and
5363	5363	(3) survived the attack on Pearl Harbor on December 7,
5364	5364	1941.
5365	5365	SECTION 180. Subchapter E, Chapter 504, Transportation
5366	5366	Code, is amended by adding Section 504.400 to read as follows:
5367	5367	Sec. 504.400. FEES FOR CERTAIN RESTRICTED PLATES. The
5368	5368	department shall issue, without charge, not more than three sets of
5369	5369	specialty license plates under this subchapter.
5370	5370	SECTION 181. Section 504.401(a), Transportation Code, is
5371	5371	amended to read as follows:
5372	5372	(a) The department shall issue [without charge] specialty
5373	5373	license plates that include the words "State Official" to a state
5374	5374	official. [The license plates must include the words "State
5375	5375	Official."]
5376	5376	SECTION 182. Section 504.402(a), Transportation Code, is
5377	5377	amended to read as follows:
5378	5378	(a) The department shall issue [without charge] specialty
5379	5379	license plates to [for] members of congress, which [. License
5380	5380	plates issued under this section] must include the words "U.S.
5381	5381	Congress."
5382	5382	SECTION 183. Section 504.403(a), Transportation Code, is
5383	5383	amended to read as follows:
5384	5384	(a) The department shall issue [without charge] specialty
5385	5385	license plates for a current or visiting state or federal judge.
5386	5386	The license plates must include the words "State Judge" or "U.S.
5387	5387	Judge," as appropriate.
5388	5388	SECTION 184. Section 504.403(d)(2), Transportation Code,
5389	5389	is amended to read as follows:
5390	5390	(2) "State judge" means:
5391	5391	(A) a justice of the supreme court;
5392	5392	(B) a judge of the court of criminal appeals;
5393	5393	(C) a judge of a court of appeals of this state;
5394	5394	(D) a district court judge;
5395	5395	(E) a presiding judge of an administrative
5396	5396	judicial district; or
5397	5397	(F) a statutory county court judge.
5398	5398	SECTION 185. Section 504.404, Transportation Code, is
5399	5399	amended to read as follows:
5400	5400	Sec. 504.404. FEDERAL ADMINISTRATIVE LAW JUDGES.
5401	5401	[(a)] The department shall issue [without charge] specialty
5402	5402	license plates to [for] current federal administrative law judges
5403	5403	that [. The license plates shall] bear the words "U.S. A. L.
5404	5404	Judge."
5405	5405	[(b) A person may be issued three sets of license plates
5406	5406	under this section.]
5407	5407	SECTION 186. Section 504.405(a), Transportation Code, is
5408	5408	amended to read as follows:
5409	5409	(a) The department shall issue [without charge] specialty
5410	5410	license plates for current county judges of this state that[. The
5411	5411	license plates shall] bear the words "County Judge."
5412	5412	SECTION 187. Section 504.406, Transportation Code, is
5413	5413	amended to read as follows:
5414	5414	Sec. 504.406. TEXAS CONSTABLES. The department shall issue
5415	5415	[without charge] specialty license plates for Texas constables
5416	5416	that[. The license plates shall] bear the words "Texas Constable."
5417	5417	SECTION 188. Section 504.412, Transportation Code, is
5418	5418	renumbered as Section 504.4061, Transportation Code, and is amended
5419	5419	to read as follows:
5420	5420	Sec. 504.4061 [504.412]. FOREIGN ORGANIZATION VEHICLES.
5421	5421	[(a)] The department shall issue specialty license plates for an
5422	5422	instrumentality established by a foreign government recognized by
5423	5423	the United States before January 1, 1979, that is without official
5424	5424	representation or diplomatic relations with the United States. The
5425	5425	license plates must include the words "Foreign Organization" [and
5426	5426	shall remain valid for five years.
5427	5427	[(b) A person entitled to specialty license plates under
5428	5428	this section may register the vehicle without payment of any fee
5429	5429	paid for or at the time of registration].
5430	5430	SECTION 189. Section 504.509, Transportation Code, is
5431	5431	transferred to Subchapter E, Chapter 504, Transportation Code, and
5432	5432	renumbered as Section 504.414, Transportation Code, to read as
5433	5433	follows:
5434	5434	Sec. 504.414 [504.509]. VEHICLES CARRYING MOBILE AMATEUR
5435	5435	RADIO EQUIPMENT. (a) The department shall issue specialty license
5436	5436	plates for a person who holds an amateur radio station license
5437	5437	issued by the Federal Communications Commission and who operates
5438	5438	receiving and transmitting mobile amateur radio equipment. The
5439	5439	license plates shall include the person's amateur call letters as
5440	5440	assigned by the Federal Communications Commission. A person may
5441	5441	register more than one vehicle equipped with mobile amateur radio
5442	5442	equipment under this section, and the department shall issue
5443	5443	license plates that include the same amateur call letters for each
5444	5444	vehicle.
5445	5445	(b) The fee for issuance of the license plates is $2 for the
5446	5446	first year and $1 for each subsequent year.
5447	5447	SECTION 190. The heading to Subchapter F, Chapter 504,
5448	5448	Transportation Code, is amended to read as follows:
5449	5449	SUBCHAPTER F. SPECIALTY LICENSE PLATES WITH RESTRICTED
5450	5450	DISTRIBUTION AND REGULAR LICENSE PLATE FEES [FOR CERTAIN VEHICLES]
5451	5451	SECTION 191. The heading to Section 504.501, Transportation
5452	5452	Code, is amended to read as follows:
5453	5453	Sec. 504.501. CLASSIC MOTOR VEHICLES AND TRAVEL TRAILERS.
5454	5454	SECTION 192. Section 504.501(a), Transportation Code, is
5455	5455	amended to read as follows:
5456	5456	(a) The department shall issue specialty license plates for
5457	5457	a motor vehicle that is at least 25 years old. The license plates
5458	5458	must include the word "Classic" [words "Classic Auto," "Classic
5459	5459	Motorcycle," or "Classic Truck"] or a similar designation, as
5460	5460	appropriate.
5461	5461	SECTION 193. The heading to Section 504.502, Transportation
5462	5462	Code, is amended to read as follows:
5463	5463	Sec. 504.502. ANTIQUE [CERTAIN EXHIBITION] VEHICLES;
5464	5464	OFFENSE.
5465	5465	SECTION 194. Sections 504.502(b) and (g), Transportation
5466	5466	Code, are amended to read as follows:
5467	5467	(b) The license plates must include the words "Antique
5468	5468	Vehicle." [words "Antique Auto," "Antique Truck," "Antique
5469	5469	Motorcycle," or "Military Vehicle," as appropriate.]
5470	5470	(g) A person entitled to specialty license plates or to
5471	5471	department approval under this section may register the vehicle
5472	5472	without payment of any fees paid for or at the time of registration
5473	5473	except the fee for the license plate. [An owner of a vehicle
5474	5474	registered under this subsection who violates this section commits
5475	5475	an offense. An offense under this section is a misdemeanor
5476	5476	punishable by a fine of not less than $5 or more than $200.]
5477	5477	SECTION 195. Section 504.503, Transportation Code, is
5478	5478	amended to read as follows:
5479	5479	Sec. 504.503. MUNICIPAL, MOTOR, AND PRIVATE BUSES.
5480	5480	[(a)] The department shall issue without charge specialty license
5481	5481	plates for municipal buses, motor buses, and private buses. The
5482	5482	license plates must include the words "City Bus," "Motor Bus," or
5483	5483	"Private Bus," as appropriate.
5484	5484	[(b) In this section, "private bus" means a bus that:
5485	5485	[(1) is not operated for hire; and
5486	5486	[(2) is not classified as a municipal bus or a motor
5487	5487	bus.]
5488	5488	SECTION 196. The heading to Section 504.506, Transportation
5489	5489	Code, is amended to read as follows:
5490	5490	Sec. 504.506. [CERTAIN] LOG LOADER VEHICLES.
5491	5491	SECTION 197. (a) Section 504.510(d), Transportation Code,
5492	5492	is amended to read as follows:
5493	5493	(d) This section applies only to an owner of a golf cart who
5494	5494	resides:
5495	5495	(1) on real property that is owned or under the control
5496	5496	of the United States Corps of Engineers and is required by that
5497	5497	agency to register the owner's golf cart under this chapter; and
5498	5498	(2) in a county that borders another state and has a
5499	5499	population of more than 110,000 but less than 140,000 [111,000].
5500	5500	(b) This section takes effect September 1, 2009.
5501	5501	SECTION 198. Sections 504.407, 504.408, 504.409, 504.410,
5502	5502	and 504.411, Transportation Code, are transferred to Subchapter F,
5503	5503	Chapter 504, Transportation Code, renumbered as Sections 504.511,
5504	5504	504.512, 504.513, 504.514, and 504.515, Transportation Code, and
5505	5505	amended to read as follows:
5506	5506	Sec. 504.511 [504.407]. PEACE OFFICERS WOUNDED OR KILLED
5507	5507	IN LINE OF DUTY. (a) The department shall issue specialty license
5508	5508	plates for:
5509	5509	(1) a person wounded in the line of duty as a peace
5510	5510	officer; or
5511	5511	(2) a surviving spouse, parent, brother, sister, or
5512	5512	adult child, including an adopted child or stepchild, of a person
5513	5513	killed in the line of duty as a peace officer.
5514	5514	(b) License plates issued under this section must include
5515	5515	the words "To Protect and Serve" above an insignia depicting a
5516	5516	yellow rose superimposed over the outline of a badge.
5517	5517	(c) The fee for issuance of the license plates is $20.
5518	5518	(d) In this section, "peace officer" has the meaning
5519	5519	assigned by Section 1.07, Penal Code.
5520	5520	Sec. 504.512 [504.408]. GOLD STAR MOTHER, SPOUSE, OR
5521	5521	FAMILY MEMBER. (a) The department shall issue a specialty license
5522	5522	plate for the mother, surviving spouse, or immediate family member
5523	5523	of a person who died while serving in the United States armed
5524	5524	forces. License plates issued under this section must include the
5525	5525	words "Gold Star Mother," "Gold Star Spouse," or "Gold Star Family"
5526	5526	and a gold star. A person may not be issued more than one set of the
5527	5527	license plates at a time.
5528	5528	(a-1) In this section "immediate family member" means the
5529	5529	parent, child, or sibling of a person who died while serving in the
5530	5530	United States armed forces.
5531	5531	(b) The fee for issuance of the license plates is $10.
5532	5532	Sec. 504.513 [504.409]. VOLUNTEER FIREFIGHTERS. (a) The
5533	5533	department shall issue specialty license plates for volunteer
5534	5534	firefighters certified by:
5535	5535	(1) the Texas Commission on Fire Protection; or
5536	5536	(2) the State Firemen's and Fire Marshals' Association
5537	5537	of Texas.
5538	5538	(b) The fee for issuance of the license plates is $4.
5539	5539	(c) A person may be issued only one set of the license
5540	5540	plates.
5541	5541	Sec. 504.514 [504.410]. EMERGENCY MEDICAL SERVICES
5542	5542	PERSONNEL. (a) The department shall issue specialty license
5543	5543	plates for emergency medical services personnel certified by the
5544	5544	[Texas] Department of State Health Services under Subchapter C,
5545	5545	Chapter 773, Health and Safety Code.
5546	5546	(b) The fee for issuance of the license plates is $8.
5547	5547	(c) A person may be issued only one set of the license
5548	5548	plates.
5549	5549	Sec. 504.515 [504.411]. HONORARY CONSULS. (a) The
5550	5550	department shall issue specialty license plates for a person who is
5551	5551	an honorary consul authorized by the United States to perform
5552	5552	consular duties. License plates issued under this section must
5553	5553	include the words "Honorary Consul."
5554	5554	(b) The fee for issuance of the license plates is $40.
5555	5555	SECTION 199. Subchapter F, Chapter 504, Transportation
5556	5556	Code, is amended by adding Section 504.516 to read as follows:
5557	5557	Sec. 504.516. RENTAL TRAILER OR TRAVEL TRAILER FEE:
5558	5558	TRAILER OR SEMITRAILER. (a) The department may issue specially
5559	5559	designed license plates for rental trailers and travel trailers
5560	5560	that include, as appropriate, the words "rental trailer" or "travel
5561	5561	trailer."
5562	5562	(b) In this section:
5563	5563	(1) "Rental fleet" means vehicles that are designated
5564	5564	in the manner prescribed by the department as a rental fleet.
5565	5565	(2) "Rental trailer" means a utility trailer.
5566	5566	(3) "Travel trailer" has the meaning assigned by
5567	5567	Section 501.002.
5568	5568	SECTION 200. Section 504.614(a), Transportation Code, is
5569	5569	amended to read as follows:
5570	5570	(a) The department may issue specialty license plates that
5571	5571	include the name and insignia of a professional sports team located
5572	5572	in this state. The department shall design the license plates in
5573	5573	consultation with the professional sports team and may enter a
5574	5574	trademark license with the professional sports team or its league
5575	5575	to implement this section. A license plate may be issued under this
5576	5576	section only for a professional sports team that:
5577	5577	(1) certifies to the department that the requirements
5578	5578	of Section 504.702 are met [it has determined that at least 3,500
5579	5579	persons will apply for the plates]; and
5580	5580	(2) plays its home games in a facility constructed or
5581	5581	operated, in whole or in part, with public funds.
5582	5582	SECTION 201. Section 504.615(a), Transportation Code, is
5583	5583	amended to read as follows:
5584	5584	(a) The department shall issue specialty license plates
5585	5585	that include the name and insignia of a college. The department
5586	5586	shall design the license plates in consultation with the applicable
5587	5587	college. The department may issue a license plate under this
5588	5588	section only for a college that certifies to the department that the
5589	5589	requirements of Section 504.702 are met [it has determined that at
5590	5590	least 1,500 persons will apply for the plates].
5591	5591	SECTION 202. Section 504.616(a), Transportation Code, is
5592	5592	amended to read as follows:
5593	5593	(a) The department shall issue specialty license plates
5594	5594	including the words "Texas Reads" that ["Texas Reads." The
5595	5595	department shall design the license plates to] incorporate one or
5596	5596	more submissions from middle school students in a competition
5597	5597	conducted by the department.
5598	5598	SECTION 203. Section 504.647(a), Transportation Code, is
5599	5599	amended to read as follows:
5600	5600	(a) The department shall issue Fight Terrorism specialty
5601	5601	license plates that [. The license plates shall] include a
5602	5602	pentagon-shaped border surrounding:
5603	5603	(1) the date "9-11-01" with the likeness of the World
5604	5604	Trade Center towers forming the "11";
5605	5605	(2) the likeness of the United States flag; and
5606	5606	(3) the words "Fight Terrorism."
5607	5607	SECTION 204. Section 504.413, Transportation Code, is
5608	5608	transferred to Subchapter G, Chapter 504, Transportation Code, and
5609	5609	renumbered as Section 504.659, Transportation Code, to read as
5610	5610	follows:
5611	5611	Sec. 504.659 [504.413]. MEMBERS OF AMERICAN LEGION.
5612	5612	(a) The department shall issue specialty license plates for
5613	5613	members of the American Legion. The license plates shall include
5614	5614	the words "Still Serving America" and the emblem of the American
5615	5615	Legion. The department shall design the license plates in
5616	5616	consultation with the American Legion.
5617	5617	(b) The fee for the license plates is $30.
5618	5618	(c) After deduction of $8 to reimburse the department for
5619	5619	its administrative costs, the remainder of the fee for issuance of
5620	5620	the license plates shall be deposited to the credit of the American
5621	5621	Legion, Department of Texas account in the state treasury. Money in
5622	5622	the account may be used only by the Texas Veterans Commission in
5623	5623	making grants to the American Legion Endowment Fund for
5624	5624	scholarships and youth programs sponsored by the American Legion,
5625	5625	Department of Texas.
5626	5626	SECTION 205. Section 504.702, Transportation Code, is
5627	5627	amended by amending Subsection (b) and adding Subsections (e) and
5628	5628	(f) to read as follows:
5629	5629	(b) The department may manufacture the specialty license
5630	5630	plates only if a request for manufacture of the license plates is
5631	5631	filed with the department. The request must be:
5632	5632	(1) made in [on] a manner prescribed [form adopted] by
5633	5633	the department;
5634	5634	(2) filed before the fifth anniversary of the
5635	5635	effective date of the law that authorizes the issuance of the
5636	5636	specialty license plates; and
5637	5637	(3) accompanied by[:
5638	5638	[(A)] a deposit of $8,000[; or
5639	5639	[(B) applications for issuance of at least 1,900
5640	5640	sets of the license plates plus the fees for issuance of that number
5641	5641	of sets].
5642	5642	(e) The department may issue license plates under:
5643	5643	(1) Section 504.614 for a particular professional
5644	5644	sports team only if $8,000 has been deposited with the department
5645	5645	for that sports team; or
5646	5646	(2) Section 504.615 for a particular institution of
5647	5647	higher education or private college or university only if $8,000
5648	5648	has been deposited with the department for that institution,
5649	5649	college, or university.
5650	5650	(f) Money deposited with the department under Subsection
5651	5651	(b)(3) or (e) shall be returned by the department to the person who
5652	5652	made the deposit after 800 sets of plates have been issued.
5653	5653	SECTION 206. Sections 504.801(a) and (b), Transportation
5654	5654	Code, are amended to read as follows:
5655	5655	(a) The department may create new specialty license plates
5656	5656	on its own initiative or on receipt of an application from a
5657	5657	potential sponsor. A new specialty license plate created under
5658	5658	this section must comply with each requirement of Section 504.702
5659	5659	unless the license is created by the department on its own
5660	5660	initiative. The department may permit a specialty license plate
5661	5661	created under this section to be personalized. The redesign of an
5662	5662	existing specialty license plate at the request of a sponsor shall
5663	5663	be treated like the issuance of a new specialty license plate[,
5664	5664	except that the department may require a lower deposit amount to
5665	5665	reflect the actual costs of redesigning the license plate].
5666	5666	(b) Any nonprofit entity [person] may submit an application
5667	5667	to the department to sponsor a new specialty license plate [by
5668	5668	submitting an application to the department]. An application may
5669	5669	nominate a state agency to receive funds derived from the issuance
5670	5670	of the license plates. The application may also identify uses to
5671	5671	which those funds should be appropriated.
5672	5672	SECTION 207. Section 504.851, Transportation Code, is
5673	5673	amended by amending Subsections (a), (b), (c), (d), (f), (g), and
5674	5674	(h) and adding Subsection (n) to read as follows:
5675	5675	(a) The department shall enter into a contract with the
5676	5676	private vendor whose proposal is most advantageous to the state, as
5677	5677	determined from competitive sealed proposals that satisfy the
5678	5678	requirements of this section:
5679	5679	(1) [,] for the exclusive marketing and sale of
5680	5680	souvenir or[:
5681	5681	[(1)] personalized license plates authorized by
5682	5682	Section 504.101 with the exception that personalized plates issued
5683	5683	before September 1, 2009, may be renewed in accordance with the law
5684	5684	at that time; or
5685	5685	(2) for the marketing and sale of, with the agreement
5686	5686	of the private vendor, other specialty license plates authorized by
5687	5687	this subchapter.
5688	5688	(b) Instead of the fees established by Section 504.101(c),
5689	5689	the commission by order [rule] shall establish fees for the
5690	5690	issuance or renewal of personalized license or personalized
5691	5691	souvenir plates that are marketed and sold by the private
5692	5692	vendor. Fees must be reasonable and not less than the greater of:
5693	5693	(1) the amounts necessary to allow the department to
5694	5694	recover all reasonable costs to the department associated with the
5695	5695	evaluation of the competitive sealed proposals received by the
5696	5696	department and with the implementation and enforcement of the
5697	5697	contract, including direct, indirect, and administrative costs; or
5698	5698	(2) the amount established by Section 504.101(c).
5699	5699	(c) The commission by order [rule] shall establish standard
5700	5700	[the] fees for the issuance or renewal of souvenir license plates,
5701	5701	specialty license plates, or souvenir or specialty license plates
5702	5702	that are personalized that are marketed and sold by the private
5703	5703	vendor. Fees must be reasonable and not less than the amounts
5704	5704	necessary to allow the department to recover all reasonable costs
5705	5705	to the department associated with the evaluation of the competitive
5706	5706	sealed proposals received by the department and with the
5707	5707	implementation and enforcement of the contract, including direct,
5708	5708	indirect, and administrative costs. A fee established under this
5709	5709	subsection is in addition to:
5710	5710	(1) the registration fee and any optional registration
5711	5711	fee prescribed by this chapter for the vehicle for which specialty
5712	5712	license plates are issued;
5713	5713	(2) any additional fee prescribed by this subchapter
5714	5714	for the issuance of specialty license plates for that vehicle; and
5715	5715	(3) any additional fee prescribed by this subchapter
5716	5716	for the issuance of personalized license plates for that vehicle.
5717	5717	(d) Specialty license or specialty personalized plates may
5718	5718	be sold for varying periods, including a permanent sale that may be
5719	5719	made through auction. [At any time as necessary to comply with
5720	5720	Subsection (b) or (c), the commission may increase or decrease the
5721	5721	amount of a fee established under the applicable subsection.]
5722	5722	(f) The department may approve new design and color
5723	5723	combinations for specialty or personalized license plates that are
5724	5724	marketed and sold by a private vendor under a contract entered into
5725	5725	with the private vendor. Each approved license plate design and
5726	5726	color combination remains the property of the department.
5727	5727	(g) [The department may approve new design and color
5728	5728	combinations for specialty license plates authorized by this
5729	5729	chapter, including specialty license plates that may be
5730	5730	personalized, that are marketed and sold by a private vendor under a
5731	5731	contract entered into with the private vendor. Each approved
5732	5732	license plate design and color combination remains the property of
5733	5733	the department.] Except as otherwise provided by this chapter,
5734	5734	this subsection does not authorize a[:
5735	5735	[(1) the department to approve a design or color
5736	5736	combination for a specialty license plate that is inconsistent with
5737	5737	the design or color combination specified for the license plate by
5738	5738	the section of this chapter that authorizes the issuance of the
5739	5739	specialty license plate; or
5740	5740	[(2) the] private vendor to market and sell a
5741	5741	specialty license plate with a design or color combination that is
5742	5742	issued as a license plate designed for a nonprofit organization
5743	5743	[inconsistent with the design or color combination specified by
5744	5744	that section].
5745	5745	(h) Subject to the limitations provided by Subsection
5746	5746	[Subsections (g) and] (g-1), the department may cancel a license
5747	5747	plate or require the discontinuation of a license plate design or
5748	5748	color combination that is marketed and sold by a private vendor
5749	5749	under contract at any time if the department determines that the
5750	5750	cancellation or discontinuation is in the best interest of this
5751	5751	state or the motoring public.
5752	5752	(n) If the vendor ceases operation, the program may be
5753	5753	operated temporarily by the department until another vendor is
5754	5754	selected and commences operation.
5755	5755	SECTION 208. Chapter 504, Transportation Code, is amended
5756	5756	by adding Subchapter K to read as follows:
5757	5757	SUBCHAPTER K. TRANSFER AND REMOVAL OF LICENSE PLATES
5758	5758	SECTION 209. Section 502.451, Transportation Code, is
5759	5759	transferred to Subchapter K, Chapter 504, Transportation Code, as
5760	5760	added by this Act, renumbered as Section 504.901, Transportation
5761	5761	Code, and amended to read as follows:
5762	5762	Sec. 504.901 [502.451]. TRANSFER [OF VEHICLE REGISTRATION]
5763	5763	AND REMOVAL OF LICENSE PLATES. (a) On the sale or transfer of a
5764	5764	motor vehicle [to a dealer, as defined by Section 503.001, who holds
5765	5765	a general distinguishing number issued under Chapter 503, the
5766	5766	dealer shall remove] each license plate [and the registration
5767	5767	insignia] issued for the motor vehicle shall be removed.
5768	5768	[(a-1) On a sale or transfer of a motor vehicle to a person
5769	5769	that does not hold a general distinguishing number issued under
5770	5770	Chapter 503, the seller or transferor may remove each license plate
5771	5771	and the registration insignia issued for the motor vehicle.]
5772	5772	(b) A license plate removed from a motor vehicle under
5773	5773	Subsection (a) [or (a-1)] must be:
5774	5774	(1) transferred to another motor vehicle that is
5775	5775	titled in the seller's name [disposed of in the manner specified by
5776	5776	the department]; or
5777	5777	(2) transferred to a [another] vehicle that is
5778	5778	purchased [owned] by the seller [or transferor as provided by
5779	5779	Section 502.452].
5780	5780	(c) To be eligible for transfer, license plates must be
5781	5781	appropriate for the class of vehicle to which the plates are being
5782	5782	transferred. If the vehicle is a different classification the
5783	5783	owner must:
5784	5784	(1) pay the applicable title and vehicle registration
5785	5785	fees;
5786	5786	(2) obtain a new registration insignia; and
5787	5787	(3) dispose of the license plates in the manner
5788	5788	specified by the department, or if the applicant fails to remove
5789	5789	and transfer the license plates, purchase replacement license
5790	5790	plates in accordance with this chapter. [The part of the
5791	5791	registration period remaining at the time of the sale or transfer
5792	5792	shall continue with the vehicle being sold or transferred and does
5793	5793	not transfer with the license plates or registration validation
5794	5794	insignia. To continue the remainder of the registration period,
5795	5795	the purchaser or transferee must file the documents required under
5796	5796	Section 520.031.]
5797	5797	SECTION 210. Chapter 504, Transportation Code, is amended
5798	5798	by adding Subchapter L to read as follows:
5799	5799	SUBCHAPTER L. OFFENSES AND PENALTIES
5800	5800	Sec. 504.941. ANTIQUE VEHICLES; OFFENSE. (a) A person who
5801	5801	violates Section 504.502 commits an offense. An offense under this
5802	5802	section is a misdemeanor punishable by a fine of not less than $5 or
5803	5803	more than $200.
5804	5804	(b) It is an affirmative defense to prosecution under this
5805	5805	section that at the time of the offense the vehicle was en route to
5806	5806	or from a location for the purpose of routine maintenance of the
5807	5807	vehicle.
5808	5808	Sec. 504.942. LOG LOADER VEHICLES; PENALTIES. A vehicle
5809	5809	operated in violation of Section 504.506 is considered to be
5810	5810	operated or moved while unregistered and is immediately subject to
5811	5811	the applicable fees and penalties prescribed by this chapter.
5812	5812	Sec. 504.943. OPERATION OF VEHICLE WITHOUT LICENSE PLATE.
5813	5813	(a) A person commits an offense if the person operates on a public
5814	5814	highway during a registration period:
5815	5815	(1) a passenger car, as defined by Section 541.201, or
5816	5816	commercial motor vehicle that does not display two license plates
5817	5817	issued by the department and attached to the front and rear of the
5818	5818	vehicle; or
5819	5819	(2) a road tractor, motorcycle, trailer, or
5820	5820	semitrailer that does not display a license plate assigned by the
5821	5821	department and attached to the rear of the vehicle.
5822	5822	(b) Subsection (a) does not apply to a person who holds a
5823	5823	general distinguishing number operating a vehicle as provided by
5824	5824	law.
5825	5825	(c) An offense under this section is a misdemeanor
5826	5826	punishable by a fine not to exceed $200.
5827	5827	(d) A court may dismiss a charge brought under Subsection
5828	5828	(a) if the defendant:
5829	5829	(1) remedies the defect before the defendant's first
5830	5830	court appearance; and
5831	5831	(2) pays an administrative fee not to exceed $10.
5832	5832	SECTION 211. Section 502.408, Transportation Code, is
5833	5833	transferred to Subchapter L, Chapter 504, Transportation Code, as
5834	5834	added by this Act, renumbered as Section 504.944, Transportation
5835	5835	Code, and amended to read as follows:
5836	5836	Sec. 504.944 [502.408]. OPERATION OF VEHICLE WITH WRONG
5837	5837	LICENSE PLATE. [(a)] A person commits an offense if the person
5838	5838	operates, or as the owner permits another to operate, on a public
5839	5839	highway a motor vehicle that has attached to it a number plate or
5840	5840	registration insignia issued for a different vehicle. An offense
5841	5841	under this subsection is a misdemeanor punishable by a fine not to
5842	5842	exceed $200.
5843	5843	SECTION 212. Subchapter L, Chapter 504, Transportation
5844	5844	Code, as added by this Act, is amended by adding Section 504.945 to
5845	5845	read as follows:
5846	5846	Sec. 504.945. WRONG, FICTITIOUS, ALTERED, OR OBSCURED
5847	5847	LICENSE PLATE. (a) A person commits an offense if the person
5848	5848	attaches to or displays on a motor vehicle a license plate that:
5849	5849	(1) is issued for a different motor vehicle;
5850	5850	(2) is issued for the vehicle under any other motor
5851	5851	vehicle law other than by the department;
5852	5852	(3) is assigned for a registration period other than
5853	5853	the registration period in effect;
5854	5854	(4) is fictitious;
5855	5855	(5) has blurring or reflective matter that
5856	5856	significantly impairs the readability of the name of the state in
5857	5857	which the vehicle is registered or the letters or numbers of the
5858	5858	license plate number at any time;
5859	5859	(6) has an attached illuminated device or sticker,
5860	5860	decal, emblem, or other insignia that is not authorized by law and
5861	5861	that interferes with the readability of the letters or numbers of
5862	5862	the license plate number or the name of the state in which the
5863	5863	vehicle is registered; or
5864	5864	(7) has a coating, covering, protective substance, or
5865	5865	other material that:
5866	5866	(A) distorts angular visibility or
5867	5867	detectability;
5868	5868	(B) alters or obscures one-half or more of the
5869	5869	name of the state in which the vehicle is registered; or
5870	5870	(C) alters or obscures the letters or numbers of
5871	5871	the license plate number or the color of the plate.
5872	5872	(b) Except as provided by Subsection (e), an offense under
5873	5873	Subsection (a) is a misdemeanor punishable by a fine of not more
5874	5874	than $200, unless it is shown at the trial of the offense that the
5875	5875	owner knowingly altered or made illegible the letters, numbers, and
5876	5876	other identification marks, in which case the offense is a Class B
5877	5877	misdemeanor.
5878	5878	(c) Subsection (a)(7) may not be construed to apply to:
5879	5879	(1) a trailer hitch installed on a vehicle in a normal
5880	5880	or customary manner;
5881	5881	(2) a transponder, as defined by Section 228.057, that
5882	5882	is attached to a vehicle in the manner required by the issuing
5883	5883	authority;
5884	5884	(3) a wheelchair lift or wheelchair carrier that is
5885	5885	attached to a vehicle in a normal or customary manner;
5886	5886	(4) a trailer being towed by a vehicle; or
5887	5887	(5) a bicycle or motorcycle rack that is attached to a
5888	5888	vehicle in a normal or customary manner.
5889	5889	(d) A court may dismiss a charge brought under Subsection
5890	5890	(a)(3), (5), (6), or (7) if the defendant:
5891	5891	(1) remedies the defect before the defendant's first
5892	5892	court appearance; and
5893	5893	(2) pays an administrative fee not to exceed $10.
5894	5894	(e) An offense under Subsection (a)(4) is a Class B
5895	5895	misdemeanor.
5896	5896	SECTION 213. Subchapter A, Chapter 520, Transportation
5897	5897	Code, is amended by adding Sections 520.003 and 520.004 to read as
5898	5898	follows:
5899	5899	Sec. 520.003. RULES. The department may adopt rules to
5900	5900	administer this chapter.
5901	5901	Sec. 520.004. DEPARTMENT RESPONSIBILITIES. The department
5902	5902	has jurisdiction over the registration and titling of, and the
5903	5903	issuance of license plates to, motor vehicles in compliance with
5904	5904	the applicable statutes. The department:
5905	5905	(1) shall provide services that are reasonable,
5906	5906	adequate, and efficient;
5907	5907	(2) shall establish standards for service quality; and
5908	5908	(3) may enter into an agreement with a person involved
5909	5909	in transaction processing, including a lienholder or an electronic
5910	5910	verification service, only to facilitate the processing of
5911	5911	electronic title benefits so as to benefit this state and minimize
5912	5912	inconveniences to the general public.
5913	5913	SECTION 214. Section 501.137, Transportation Code, is
5914	5914	transferred to Subchapter A, Chapter 520, Transportation Code,
5915	5915	renumbered as Section 520.005, Transportation Code, and amended to
5916	5916	read as follows:
5917	5917	Sec. 520.005 [501.137]. DUTY OF COUNTY
5918	5918	ASSESSOR-COLLECTOR. (a) Each county assessor-collector shall
5919	5919	comply with Chapter 501 [this chapter].
5920	5920	(b) An assessor-collector who fails or refuses to comply
5921	5921	with Chapter 501 [this chapter] is liable on the
5922	5922	assessor-collector's official bond for resulting damages suffered
5923	5923	by any person.
5924	5924	SECTION 215. Section 502.109, Transportation Code, is
5925	5925	transferred to Subchapter A, Chapter 520, Transportation Code,
5926	5926	renumbered as Section 520.006, Transportation Code, and amended to
5927	5927	read as follows:
5928	5928	Sec. 520.006 [502.109]. COMPENSATION OF ASSESSOR-COLLECTOR.
5929	5929	(a) A county assessor-collector shall receive a fee of $1.90 for
5930	5930	each receipt issued under Chapter 502 [this chapter. If the
5931	5931	assessor-collector may be compensated by fees, a fee received is
5932	5932	compensation for services under this chapter. The
5933	5933	assessor-collector shall deduct the fee weekly from the gross
5934	5934	collections made under this chapter].
5935	5935	(b) A county assessor-collector who is compensated under
5936	5936	this section shall pay the entire expense of issuing registration
5937	5937	receipts and license plates under Chapter 501 or 502 [this chapter]
5938	5938	from the compensation allowed under this section.
5939	5939	SECTION 216. Section 502.111, Transportation Code, is
5940	5940	transferred to Subchapter A, Chapter 520, Transportation Code,
5941	5941	renumbered as Section 520.007, Transportation Code, and amended to
5942	5942	read as follows:
5943	5943	Sec. 520.007 [502.111]. COUNTY BRANCH OFFICES. (a) The
5944	5944	commissioners court of a county may authorize the county
5945	5945	assessor-collector to:
5946	5946	(1) establish a suboffice or branch office for vehicle
5947	5947	registration at one or more locations in the county other than the
5948	5948	county courthouse; or
5949	5949	(2) appoint a deputy to register vehicles in the same
5950	5950	manner and with the same authority as though done in the office of
5951	5951	the assessor-collector.
5952	5952	(b) The report of vehicles registered through a suboffice or
5953	5953	branch office shall be made through the office of the county
5954	5954	assessor-collector.
5955	5955	SECTION 217. Section 502.114, Transportation Code, is
5956	5956	transferred to Subchapter A, Chapter 520, Transportation Code,
5957	5957	renumbered as Section 520.008, Transportation Code, and amended to
5958	5958	read as follows:
5959	5959	Sec. 520.008 [502.114]. FULL-SERVICE DEPUTIES. (a) A
5960	5960	full-service deputy appointed under Section 520.0091 [502.112]
5961	5961	shall accept any application for registration, registration
5962	5962	renewal, or title transfer that the county assessor-collector may
5963	5963	accept.
5964	5964	(b) A full-service deputy may charge and retain an
5965	5965	additional motor vehicle registration fee not to exceed $5 for each
5966	5966	motor vehicle registration issued.
5967	5967	(c) A county assessor-collector may delegate to a
5968	5968	full-service deputy, in the manner selected by the
5969	5969	assessor-collector, the authority to use data processing equipment
5970	5970	and software provided by the department for use in the titling and
5971	5971	registration of motor vehicles. The department may not limit a
5972	5972	county assessor-collector's ability to delegate the
5973	5973	assessor-collector's functions regarding the titling and
5974	5974	registration of motor vehicles to a qualified full-service deputy
5975	5975	in the manner the assessor-collector considers appropriate.
5976	5976	SECTION 218. Section 502.113, Transportation Code, is
5977	5977	transferred to Subchapter A, Chapter 520, Transportation Code,
5978	5978	renumbered as Section 520.009, Transportation Code, and amended to
5979	5979	read as follows:
5980	5980	Sec. 520.009 [502.113]. LIMITED-SERVICE DEPUTIES. (a) A
5981	5981	limited-service deputy appointed under Section 520.0091 [502.112]
5982	5982	may only accept registration renewal cards provided by the
5983	5983	department and may not prepare or accept an application for title
5984	5984	transfer.
5985	5985	(b) The county assessor-collector may pay a limited-service
5986	5986	deputy an amount not to exceed the fee the assessor-collector could
5987	5987	collect under Section 520.006(a) [502.109(a)] for each
5988	5988	registration receipt issued. The commissioners court of the county
5989	5989	may permit a limited-service deputy to charge and retain an
5990	5990	additional fee not to exceed $1 for each registration receipt
5991	5991	issued.
5992	5992	SECTION 219. Section 502.112, Transportation Code, is
5993	5993	transferred to Subchapter A, Chapter 520, Transportation Code, and
5994	5994	renumbered as Section 520.0091, Transportation Code, to read as
5995	5995	follows:
5996	5996	Sec. 520.0091 [502.112]. DEPUTY ASSESSOR-COLLECTORS.
5997	5997	(a) A county assessor-collector, with the approval of the
5998	5998	commissioners court of the county, may deputize an individual or
5999	5999	business entity to:
6000	6000	(1) issue motor vehicle registration receipts as a
6001	6001	limited-service deputy; or
6002	6002	(2) issue motor vehicle registration receipts and
6003	6003	prepare or accept applications for title transfers as a
6004	6004	full-service deputy.
6005	6005	(b) An individual or business entity is eligible to be
6006	6006	deputized as a limited-service deputy if the person:
6007	6007	(1) is trained to issue registration receipts by the
6008	6008	county assessor-collector; and
6009	6009	(2) posts a bond payable to the county
6010	6010	assessor-collector:
6011	6011	(A) in an amount determined by the
6012	6012	assessor-collector; and
6013	6013	(B) conditioned on the person's proper
6014	6014	accounting and remittance of all fees the person collects.
6015	6015	(c) An individual or business entity is eligible to be
6016	6016	deputized as a full-service deputy if the person:
6017	6017	(1) meets the requirements of Subsection (b); and
6018	6018	(2) has experience in title transfers.
6019	6019	(d) A person deputized under this section shall keep a
6020	6020	separate account of the fees collected and a record of daily
6021	6021	receipts.
6022	6022	SECTION 220. Section 501.136, Transportation Code, is
6023	6023	transferred to Subchapter A, Chapter 520, Transportation Code,
6024	6024	renumbered as Section 520.0092, Transportation Code, and amended to
6025	6025	read as follows:
6026	6026	Sec. 520.0092 [501.136]. ACTS BY DEPUTY COUNTY
6027	6027	ASSESSOR-COLLECTOR. A deputy county assessor-collector, other
6028	6028	than a limited service deputy appointed under Section 520.0091
6029	6029	[502.112], may perform the duties of an assessor-collector under
6030	6030	Chapter 501 [this chapter].
6031	6031	SECTION 221. Section 520.002, Transportation Code, is
6032	6032	renumbered as Section 520.0093, Transportation Code, and amended to
6033	6033	read as follows:
6034	6034	Sec. 520.0093 [520.002]. LEASE OF ADDITIONAL COMPUTER
6035	6035	EQUIPMENT. (a) This section applies only to the lease of equipment
6036	6036	[to a county] for the operation of the automated registration and
6037	6037	titling [title] system in addition to the equipment provided by the
6038	6038	department at no cost to the county under a formula prescribed by
6039	6039	the department.
6040	6040	(b) On the request of the tax assessor-collector of a
6041	6041	county, the department may enter into an agreement with the
6042	6042	commissioners court of that county under which the department
6043	6043	leases additional equipment to the county for the use of the tax
6044	6044	assessor-collector in operating the automated registration and
6045	6045	titling [title] system in that county.
6046	6046	(c) A county may install equipment leased under this section
6047	6047	at offices of the county or of an agent of the county.
6048	6048	(d) Equipment leased under this section:
6049	6049	(1) remains the property of the department; and
6050	6050	(2) must be used primarily for the automated
6051	6051	registration and titling [title] system.
6052	6052	(e) Under the agreement, the department shall charge [the
6053	6053	county] an amount not less than the amount of the cost to the
6054	6054	department to provide the additional equipment and any related
6055	6055	services under the lease. All money collected under the lease shall
6056	6056	be deposited to the credit of the state highway fund.
6057	6057	SECTION 222. The heading to Subchapter B, Chapter 520,
6058	6058	Transportation Code, is amended to read as follows:
6059	6059	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS [MOTOR NUMBER RECORD
6060	6060	REQUIREMENTS]
6061	6061	SECTION 223. Subchapter B, Chapter 520, Transportation
6062	6062	Code, is amended by adding Sections 520.024 and 520.025 to read as
6063	6063	follows:
6064	6064	Sec. 520.024. REGISTRATION AND INSPECTION CONSOLIDATION
6065	6065	STUDY. (a) In consultation with the Texas Commission on
6066	6066	Environmental Quality, the department and the Department of Public
6067	6067	Safety shall conduct a joint study on the feasibility of
6068	6068	consolidation of the state's motor vehicle registration and
6069	6069	compulsory inspection procedures in a manner that will allow
6070	6070	completion of annual registration and compulsory inspection
6071	6071	requirements as part of a single process. The study must address
6072	6072	recommendations for:
6073	6073	(1) consolidating shared records and information;
6074	6074	(2) the manner in which registration and inspection
6075	6075	fees collected will be distributed;
6076	6076	(3) oversight regarding implementation of the
6077	6077	consolidated procedures;
6078	6078	(4) transition from the current separate procedures to
6079	6079	the consolidated procedures; and
6080	6080	(5) other related issues the departments consider
6081	6081	appropriate.
6082	6082	(b) The departments shall share the cost of the study in
6083	6083	equal amounts.
6084	6084	Sec. 520.025. MERGER OR CONSOLIDATION OF SHARED INFORMATION
6085	6085	STUDY. (a) In consultation with the Texas Commission on
6086	6086	Environmental Quality, the department and the Department of Public
6087	6087	Safety shall conduct a joint study on the merger or consolidation of
6088	6088	similar information that is collected separately by each agency.
6089	6089	The study should include the feasibility of establishing a database
6090	6090	interface software system that:
6091	6091	(1) sufficiently protects the privacy of the public;
6092	6092	(2) sufficiently protects the security and integrity
6093	6093	of information provided;
6094	6094	(3) increases public convenience;
6095	6095	(4) is cost-effective; and
6096	6096	(5) improves the coordination of regulatory
6097	6097	resources.
6098	6098	(b) The implementing agencies may facilitate the
6099	6099	implementation of the merger or consolidation, assist in the
6100	6100	development of rules, and coordinate a testing phase.
6101	6101	SECTION 224. Section 520.036, Transportation Code, is
6102	6102	transferred to Subchapter B, Chapter 520, Transportation Code, and
6103	6103	renumbered as Section 520.026, Transportation Code, to read as
6104	6104	follows:
6105	6105	Sec. 520.026 [520.036]. GENERAL PENALTY. (a) A person
6106	6106	commits an offense if the person violates this subchapter in a
6107	6107	manner for which a specific penalty is not provided.
6108	6108	(b) An offense under this section is a misdemeanor
6109	6109	punishable by a fine of not less than $50 and not more than $200.
6110	6110	SECTION 225. Section 520.051(5), Transportation Code, is
6111	6111	amended to read as follows:
6112	6112	(5) "Title service record" means the written or
6113	6113	electronic record for each transaction in which a motor vehicle
6114	6114	title service receives compensation.
6115	6115	SECTION 226. Section 681.003(b), Transportation Code, is
6116	6116	amended to read as follows:
6117	6117	(b) An application for a disabled parking placard must be:
6118	6118	(1) on a form furnished by the department;
6119	6119	(2) submitted to the county assessor-collector of the
6120	6120	county in which the person with the disability resides; and
6121	6121	(3) accompanied by a fee of $5 if the application is
6122	6122	for a temporary placard.
6123	6123	SECTION 227. Section 386.251(c), Health and Safety Code, is
6124	6124	amended to read as follows:
6125	6125	(c) The fund consists of:
6126	6126	(1) the amount of money deposited to the credit of the
6127	6127	fund under:
6128	6128	(A) Section 386.056;
6129	6129	(B) Sections 151.0515 and 152.0215, Tax Code; and
6130	6130	(C) Sections 501.138, 502.358 [502.1675], and
6131	6131	548.5055, Transportation Code; and
6132	6132	(2) grant money recaptured under Section 386.111(d).
6133	6133	SECTION 228. The following provisions of the Transportation
6134	6134	Code are repealed:
6135	6135	(1) Sections 501.026 and 501.075;
6136	6136	(2) Section 501.091(4);
6137	6137	(3) Sections 501.094, 501.099, and 501.133;
6138	6138	(4) Sections 501.134(e) and (f);
6139	6139	(5) Sections 502.007, 502.0074, 502.0075, 502.008,
6140	6140	502.104, 502.105, 502.1535, 502.154, 502.1585, 502.168, 502.175,
6141	6141	502.177, 502.187, 502.206, 502.271, 502.2862, 502.2971, 502.403,
6142	6142	and 502.405;
6143	6143	(6) Section 502.407(c);
6144	6144	(7) Section 502.412(c);
6145	6145	(8) Sections 502.452, 502.453, and 502.455;
6146	6146	(9) Section 504.401(b);
6147	6147	(10) Section 504.402(b);
6148	6148	(11) Section 504.403(b);
6149	6149	(12) Section 504.405(b);
6150	6150	(13) Section 504.5011;
6151	6151	(14) Section 504.502(j);
6152	6152	(15) Section 504.506(f);
6153	6153	(16) Section 504.507(c);
6154	6154	(17) Section 504.508(d);
6155	6155	(18) Sections 504.620, 504.624, 504.629, 504.634,
6156	6156	504.643, 504.649, 504.650, 504.653, 504.655, and 504.701;
6157	6157	(19) Section 504.702(c);
6158	6158	(20) Section 504.801(h);
6159	6159	(21) Sections 504.851(e) and (k); and
6160	6160	(22) Sections 520.013 and 520.034.
6161	6161	SECTION 229. (a) The change in law made by this Act applies
6162	6162	only to an offense committed on or after January 1, 2013.
6163	6163	(b) An offense committed before January 1, 2013, is covered
6164	6164	by the law in effect when the offense was committed, and the former
6165	6165	law is continued in effect for that purpose. For purposes of this
6166	6166	subsection, an offense was committed before January 1, 2013, if any
6167	6167	element of the offense was committed before that date.
6168	6168	SECTION 230. (a) Except as otherwise provided by this Act,
6169	6169	this Act takes effect January 1, 2013.
6170	6170	(b) This section and Section 207 of this Act, amending
6171	6171	Section 504.851, Transportation Code, take effect immediately if
6172	6172	this Act receives a vote of two-thirds of all the members elected to
6173	6173	each house, as provided by Section 39, Article III, Texas
6174	6174	Constitution. If this Act does not receive the vote necessary for
6175	6175	immediate effect, this section and Section 207 of this Act take
6176	6176	effect September 1, 2009.
6177	6177
6178	6178	[License plates issued under: Fee:
6179	6179
6180	6180	[Section 504.411 $2
6181	6181
6182	6182	[Section 504.409 $9]
6183	6183
6184	6184
6185	6185
6186	6186	Gross weight Fee for each 100 pounds or
6187	6187
6188	6188	in pounds fraction of 100 pounds
6189	6189
6190	6190
6191	6191
6192	6192	Equipped with Equipped with
6193	6193
6194	6194	pneumatic tires solid tires
6195	6195
6196	6196	1-6,000 $0.44 $0.55
6197	6197
6198	6198	6,001-8,000 0.495 0.66
6199	6199
6200	6200	8,001-10,000 0.605 0.77
6201	6201
6202	6202	10,001-17,000 0.715 0.88
6203	6203
6204	6204	17,001-24,000 0.77 0.99
6205	6205
6206	6206	24,001-31,000 0.88 1.10
6207	6207
6208	6208	31,001 and over 0.99 1.32
6209	6209
6210	6210
6211	6211
6212	6212	Gross weight Fee for each 100 pounds or
6213	6213
6214	6214	in pounds fraction of 100 pounds
6215	6215
6216	6216
6217	6217
6218	6218	Equipped with Equipped with
6219	6219
6220	6220	pneumatic tires solid tires
6221	6221
6222	6222	1-6,000 $0.33 $0.44
6223	6223
6224	6224	6,001-8,000 0.44 0.55
6225	6225
6226	6226	8,001-10,000 0.55 0.66
6227	6227
6228	6228	10,001-17,000 0.66 0.88
6229	6229
6230	6230	17,001 and over 0.715 0.99
6231	6231
6232	6232
6233	6233
6234	6234	Fee for each 100 pounds
6235	6235
6236	6236	Combined gross weight or
6237	6237
6238	6238	in pounds fraction of 100 pounds
6239	6239
6240	6240	18,000-36,000 $0.60
6241	6241
6242	6242	36,001-42,000 0.75
6243	6243
6244	6244	42,001-62,000 0.90
6245	6245
6246	6246	62,001 and over 1.00
6247	6247
6248	6248
6249	6249
6250	6250	Fee for each 100 pounds
6251	6251
6252	6252	Gross weight in or
6253	6253
6254	6254	pounds fraction of 100 pounds
6255	6255
6256	6256
6257	6257
6258	6258	1-4,000 $0.275
6259	6259
6260	6260	4,001-6,000 0.55
6261	6261
6262	6262	6,001-8,000 0.66
6263	6263
6264	6264	8,001-10,000 0.825
6265	6265
6266	6266	10,001 and over 1.10
6267	6267
6268	6268	One month (30 consecutive days) 10 percent
6269	6269
6270	6270	One quarter 30 percent
6271	6271
6272	6272	Two quarters 60 percent
6273	6273
6274	6274	Three quarters 90 percent