83R2749 JXC-F
By: Nichols S.B. No. 1669
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicles by counties and the
Texas Department of Motor Vehicles; authorizing a fee; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 348.005, Finance Code, is amended to
read as follows:
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a [full
service] deputy under Section 520.0091 [502.114], Transportation
Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the motor vehicle; and
(4) charges authorized for insurance, service
contracts, warranties, or a debt cancellation agreement by
Subchapter C.
SECTION 2. Section 353.006, Finance Code, is amended to
read as follows:
Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a [full
service] deputy under Section 520.0091 [502.114], Transportation
Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the commercial vehicle;
(4) charges authorized for insurance, service
contracts, and warranties by Subchapter C; and
(5) advances or payments authorized under Section
353.402(b) or (c) made by the retail seller to or for the benefit of
the retail buyer.
SECTION 3. Section 418.016, Government Code, is amended by
adding Subsections (f), (g), and (h) to read as follows:
(f) To the extent authorized by federal law, the governor
may suspend any of the following requirements in response to an
emergency or disaster declaration of another jurisdiction if strict
compliance with the requirement would prevent, hinder, or delay
necessary action in assisting another state with coping with an
emergency or disaster:
(1) a registration requirement in an agreement entered
into under the International Registration Plan under Section
502.091, Transportation Code;
(2) a temporary registration permit requirement under
Section 502.094, Transportation Code;
(3) a provision of Subtitle E, Title 7, Transportation
Code;
(4) a motor carrier registration requirement under
Chapter 643, Transportation Code;
(5) a registration requirement under Chapter 645,
Transportation Code; or
(6) a fuel tax requirement under the International
Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq.
(g) For the purposes of Subsection (f), "emergency or
disaster declaration of another jurisdiction" means an emergency
declaration, a major disaster declaration, a state of emergency
declaration, a state of disaster declaration, or a similar
declaration made by:
(1) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.); or
(2) the governor of another state.
(h) To the extent federal law requires this state to issue a
special permit under 23 U.S.C. Section 127 or an executive order, a
suspension issued under Subsection (f) is a special permit or an
executive order.
SECTION 4. Section 1201.206(f), Occupations Code, is
amended to read as follows:
(f) If the owner of a manufactured home relocates the home,
the owner shall apply for the issuance of a new statement of
ownership and location not later than the 60th day after the date
the home is relocated. The department shall require that the owner
submit evidence that the home was relocated in accordance with the
requirements of the Texas Department of Motor Vehicles
[Transportation].
SECTION 5. Section 2301.002(12), Occupations Code, is
amended to read as follows:
(12) "Division" means the [Motor Vehicle Division of
the] department division that regulates the distribution and sale
of motor vehicles.
SECTION 6. The heading to Subchapter C, Chapter 2301,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. [DIRECTOR AND OTHER] DIVISION PERSONNEL
SECTION 7. Section 2301.257(a), Occupations Code, is
amended to read as follows:
(a) An application for a dealer's license must be on a form
prescribed by the department. The application must include:
(1) the information required by Chapter 503,
Transportation Code; and
(2) information [relating to the applicant's financial
resources, business integrity, business ability and experience,
franchise if applicable, physical facilities, vehicle inventory,
and other factors] the board determines by rule is [department
considers] necessary to determine the applicant's qualifications
to adequately serve the public.
SECTION 8. Sections 2301.260(a) and (b), Occupations Code,
are amended to read as follows:
(a) An application for a distributor's license must
disclose:
(1) the manufacturer for whom the distributor will
act;
(2) whether the manufacturer is licensed in this
state;
(3) [the warranty covering the motor vehicles to be
sold;
[(4)] the persons in this state who will be
responsible for compliance with the warranty covering the motor
vehicles to be sold;
(4) [(5)] the terms of the contract under which the
distributor will act for the manufacturer; and
(5) [(6)] the franchised dealers with whom the
distributor will do business.
(b) An applicant for a distributor's license that has a
responsibility under a warranty agreement must include a statement
regarding the manufacturer's compliance with Subchapter I and
Sections 2301.451-2301.476 [provide the same information relating
to the agreement as is provided by an applicant for a manufacturer's
license under Section 2301.259].
SECTION 9. Section 2301.264(d), Occupations Code, is
amended to read as follows:
(d) The department may refund [from funds appropriated to
the department for that purpose] a fee collected under this chapter
that is not due or that exceeds the amount due.
SECTION 10. Section 2301.301(b), Occupations Code, is
amended to read as follows:
(b) The department [board] may issue a license for a term of
less than the period prescribed under Subsection (a) to coordinate
the expiration dates of licenses held by a person that is required
to obtain more than one license to perform activities under this
chapter.
SECTION 11. Section 2301.353, Occupations Code, is amended
to read as follows:
Sec. 2301.353. PROHIBITION: PERFORMANCE OF OBLIGATION
UNDER AGREEMENT WITH MANUFACTURER. A franchised dealer may not
fail to perform an obligation placed on:
(1) the selling dealer in connection with the
preparation and delivery of a new motor vehicle for retail sale as
provided in the manufacturer's preparation and delivery agreements
[on file with the board] that are applicable to the vehicle; or
(2) the dealer in connection with the manufacturer's
warranty agreements [on file with the board].
SECTION 12. Section 2301.358(a), Occupations Code, is
amended to read as follows:
(a) A person who holds a license issued under this chapter
may not participate in a new motor vehicle show or exhibition
unless:
(1) the person provides the department with written
notice [at least 30 days before the date the show or exhibition
opens]; and
(2) the department grants written approval.
SECTION 13. Section 2301.401, Occupations Code, is amended
to read as follows:
Sec. 2301.401. WARRANTY, PREPARATION, AND DELIVERY
[FILING] REQUIREMENTS. (a) Upon request, a [A] manufacturer or
distributor shall provide to [file with] the department a copy of
the current requirements the manufacturer or distributor imposes on
its dealers with respect to the dealer's:
(1) duties under the manufacturer's or distributor's
warranty; and
(2) vehicle preparation and delivery obligations.
(b) Warranty or preparation and delivery requirements
placed on a dealer by a manufacturer are not enforceable unless the
requirements are reasonable [and are disclosed and filed as
required by Subsection (a)].
SECTION 14. Section 2301.460, Occupations Code, is amended
to read as follows:
Sec. 2301.460. WARRANTY, PREPARATION, OR DELIVERY
AGREEMENT OBLIGATIONS. Notwithstanding the terms of any franchise,
a manufacturer, distributor, or representative may not, after a
complaint and a hearing, fail or refuse to perform an obligation
placed on the manufacturer in connection with the preparation,
delivery, and warranty of a new motor vehicle as provided in the
manufacturer's warranty, preparation, and delivery agreements [on
file with the board].
SECTION 15. Section 2301.461(a), Occupations Code, is
amended to read as follows:
(a) Notwithstanding the terms of any franchise or any other
law, a franchised dealer's preparation, delivery, and warranty
obligations [as filed with the board] are the dealer's sole
responsibility for product liability as between the dealer and a
manufacturer or distributor.
SECTION 16. Section 2301.4651(a), Occupations Code, is
amended to read as follows:
(a) This section applies to a manufacturer, distributor, or
representative that[:
[(1)] terminates or discontinues a franchise by [any
means without complying with Section 2301.453; or
[(2) regardless of whether the manufacturer,
distributor, or representative complies with Section 2301.453,
terminates or discontinues a franchise by]:
(1) [(A)] discontinuing a line-make;
(2) [(B)] ceasing to do business in this state; or
(3) [(C)] changing the distributor or method of
distribution of its products in this state.
SECTION 17. Section 2301.651(d), Occupations Code, is
amended to read as follows:
(d) A license may not be denied, revoked, or suspended, and
disciplinary action may not be taken under this subchapter, unless
the license holder is given an opportunity for a hearing. The board
may deny, revoke, or suspend a license or take disciplinary action
by [except on] order only [of the board] after granting the
applicant or license holder an opportunity for a hearing.
SECTION 18. Section 2301.703(a), Occupations Code, is
amended to read as follows:
(a) A hearing [shall be conducted in any contested case]
arising under this chapter or a board rule adopted under this
chapter[. The hearing] must be conducted in accordance with this
chapter, any order, decision, or rule of the board, and Chapter
2001, Government Code.
SECTION 19. Section 2301.711, Occupations Code, is amended
to read as follows:
Sec. 2301.711. ORDERS AND DECISIONS. An order or decision
of the board must:
(1) include a separate finding of fact with respect to
each specific issue the board is required by law to consider in
reaching a decision;
(2) set forth additional findings of fact and
conclusions of law on which the order or decision is based;
(3) give the reasons for the particular actions taken;
and
(4) be signed by the presiding officer or assistant
presiding officer for the board[;
[(5) be attested to by the director; and
[(6) have the seal affixed to it].
SECTION 20. Section 2302.103(a), Occupations Code, is
amended to read as follows:
(a) To apply for a salvage vehicle dealer license, a person
must submit to the department an application on a form prescribed by
the department[. The application must be signed by the applicant]
and [accompanied by] the application fee.
SECTION 21. Section 2305.001, Occupations Code, is amended
by adding Subdivisions (5) and (6) to read as follows:
(5) "Board" means the board of the Texas Department of
Motor Vehicles.
(6) "Department" means the Texas Department of Motor
Vehicles.
SECTION 22. Section 2305.007(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), for the purpose of
enforcing or administering this chapter, Chapter 2302 of this code,
or Chapter 501 or 502, Transportation Code, a member of the board
[Texas Transportation Commission], an employee of the department
[Texas Transportation Commission or Texas Department of
Transportation], a member of the Public Safety Commission, an
officer of the Department of Public Safety, or another peace
officer who is interested in tracing or locating a stolen motor
vehicle may at a reasonable time:
(1) enter the premises of a business regulated under
one of those chapters; and
(2) inspect or copy any document, record, vehicle,
part, or other item regulated under one of those chapters.
SECTION 23. The heading to Subchapter L, Chapter 201,
Transportation Code, is amended to read as follows:
SUBCHAPTER L. ELECTRONIC ISSUANCE OF OUTDOOR ADVERTISING LICENSES
SECTION 24. Section 201.931(2), Transportation Code, is
amended to read as follows:
(2) "License" means [includes:
[(A) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations; and
[(B)] a license or permit for outdoor advertising
issued under Chapter 391 or 394.
SECTION 25. Section 501.021(a), Transportation Code, is
amended to read as follows:
(a) A motor vehicle title issued by the department must
include:
(1) the legal name and address of each purchaser and
seller at the first sale or a subsequent sale;
(2) the make of the motor vehicle;
(3) the body type of the vehicle;
(4) the manufacturer's permanent vehicle
identification number of the vehicle or the vehicle's motor number
if the vehicle was manufactured before the date that stamping a
permanent identification number on a motor vehicle was universally
adopted;
(5) the serial number for the vehicle;
(6) the name and address of each lienholder and the
date of each lien on the vehicle, listed in the chronological order
in which the lien was recorded;
(7) a statement indicating rights of survivorship
under Section 501.031;
(8) if the vehicle has an odometer, the odometer
reading at the time of application for the title; and
(9) any other information required by the department.
SECTION 26. Sections 501.022(a) and (b), Transportation
Code, are amended to read as follows:
(a) The owner of a motor vehicle registered in this state:
(1) except as provided by Section 501.029, shall apply
for title to the vehicle; and
(2) may not operate or permit the operation of the
vehicle on a public highway until the owner [obtains]:
(A) applies for title and registration for the
vehicle; or
(B) obtains a receipt evidencing title for
registration purposes only under Section 501.029.
(b) A person may not operate a motor vehicle registered in
this state on a public highway if the person knows or has reason to
believe that the owner has not applied for [obtained] a title for
the vehicle.
SECTION 27. Section 501.023(a), Transportation Code, is
amended to read as follows:
(a) The owner of a motor vehicle must present identification
and apply for a title as prescribed by the department, unless
otherwise exempted by law. To obtain a title, the owner must
apply:
(1) to the county assessor-collector in the county in
which:
(A) the owner is domiciled; or
(B) the motor vehicle is purchased or encumbered;
[or]
(2) if the county in which the owner resides has been
declared by the governor as a disaster area, to the county
assessor-collector in one of the closest unaffected counties to a
county that asks for assistance and:
(A) continues to be declared by the governor as a
disaster area because the county has been rendered inoperable by
the disaster; and
(B) is inoperable for a protracted period of
time; or
(3) if the county assessor-collector's office of the
county in which the owner resides is closed for a protracted period
of time as defined by the department, to the county
assessor-collector of a county that borders the county in which the
owner resides who agrees to accept the application.
SECTION 28. Section 501.0234(b), Transportation Code, is
amended to read as follows:
(b) This section does not apply to a motor vehicle:
(1) that has been declared a total loss by an insurance
company in the settlement or adjustment of a claim;
(2) for which the title has been surrendered in
exchange for:
(A) a salvage vehicle title or salvage record of
title issued under this chapter;
(B) a nonrepairable vehicle title or
nonrepairable vehicle record of title issued under this chapter or
Subchapter D, Chapter 683; or
(C) an ownership document issued by another state
that is comparable to a document described by Paragraph (A) or (B);
(3) with a gross weight in excess of 11,000 pounds; or
(4) purchased by a commercial fleet buyer who is a
[full-service] deputy under Section 520.0091 [520.008] and who
utilizes the dealer title application process developed to provide
a method to submit title transactions to the county in which the
commercial fleet buyer is a [full-service] deputy.
SECTION 29. Section 501.024(d), Transportation Code, is
amended to read as follows:
(d) A title receipt with registration or permit authorizes
the operation of the motor vehicle on a public highway in this state
[for 10 days or] until the title is issued[, whichever period is
shorter].
SECTION 30. Sections 501.031(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall include on each title an optional
rights of survivorship agreement that:
(1) provides that if the agreement is between two or
more eligible persons, the motor vehicle will be owned [is held
jointly] by the surviving owners when one or more of the owners die
[those persons with the interest of a person who dies to transfer to
the surviving person or persons]; and
(2) provides for the acknowledgment by signature,
either electronically or by hand, of the persons.
(c) Ownership of the vehicle may be transferred only:
(1) by all the persons acting jointly, if all the
persons are alive; or [and]
(2) on the death of one of the persons, by the
surviving person or persons by transferring ownership of the
vehicle, in the manner otherwise required by law, with a copy of the
death certificate of the deceased person.
SECTION 31. Section 501.032, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) On proper application, the department shall assign a
vehicle identification number to a travel trailer, a trailer or
semitrailer [that has a gross vehicle weight that exceeds 4,000
pounds], a frame, or an item of equipment, including a tractor, farm
implement, unit of special mobile equipment, or unit of off-road
construction equipment [on which]:
(1) on which a vehicle identification number was not
die-stamped by the manufacturer; [or]
(2) on which a vehicle identification number
die-stamped by the manufacturer has been lost, removed, or
obliterated; or
(3) for which a vehicle identification number was
never assigned.
(b) The applicant shall die-stamp the assigned vehicle
identification number at the place designated by the department on
the travel trailer, trailer, semitrailer, frame, or equipment.
(d) Only the department may issue vehicle identification
numbers.
SECTION 32. Section 501.033(a), Transportation Code, is
amended to read as follows:
(a) A person determined by law enforcement or a court to be
the owner of a motor vehicle, travel trailer, semitrailer, or
trailer, a part of a motor vehicle, travel trailer, semitrailer, or
trailer, a frame, or an item of equipment including a tractor, farm
implement, unit of special mobile equipment, or unit of off-road
construction equipment may apply to the department for an assigned
vehicle identification number that has been removed, altered, [or]
obliterated, or has never been assigned.
SECTION 33. The heading to Section 501.036, Transportation
Code, is amended to read as follows:
Sec. 501.036. TITLE FOR FARM SEMITRAILER OR LIGHT TRAILER.
SECTION 34. Section 501.036, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) Notwithstanding any other provision of this chapter,
the department may issue a title for a farm semitrailer [with a
gross weight of more than 4,000 pounds] if:
(1) the farm semitrailer is eligible for registration
under Section 502.146; and
(2) all other requirements for issuance of a title are
met.
(a-1) An owner of a trailer that has a gross vehicle weight
of 4,000 pounds or less may apply for a title.
(b) To obtain a title under this section, the owner of the
farm semitrailer or trailer must:
(1) apply for the title in the manner required by
Section 501.023; and
(2) pay the fee required by Section 501.138.
SECTION 35. The heading to Subchapter C, Chapter 501,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. REFUSAL TO ISSUE, [AND] REVOCATION, [OR] SUSPENSION,
OR ALTERATION OF CERTIFICATE
SECTION 36. Section 501.051(b), Transportation Code, is
amended to read as follows:
(b) The department may rescind, cancel, or revoke an
application for a title if a notarized or county-stamped affidavit
is presented containing:
(1) a statement that the vehicle involved was a new
motor vehicle in the process of a first sale;
(2) a statement that the dealer, the applicant, and
any lienholder have canceled the sale;
(3) a statement that the vehicle:
(A) was never in the possession of the title
applicant; or
(B) was in the possession of the title applicant;
and
(4) the signatures of the dealer, the applicant, and
any lienholder.
SECTION 37. Section 501.052(e), Transportation Code, is
amended to read as follows:
(e) An applicant aggrieved by the determination under
Subsection (d) may appeal only to the county or district court of
the county of the applicant's residence. An applicant must file an
appeal not later than the fifth day after the date of the
assessor-collector's determination. The [county court] judge
shall try the appeal in the manner of other civil cases. All rights
and immunities granted in the trial of a civil case are available to
the interested parties. If the department's action is not
sustained, the department shall promptly issue a title for the
vehicle.
SECTION 38. Subchapter C, Chapter 501, Transportation Code,
is amended by adding Section 501.0521 to read as follows:
Sec. 501.0521. COURT ORDERED TITLE CHANGES. (a) A justice
of the peace or municipal court judge may not issue an order related
to a title except as provided by Chapter 47, Code of Criminal
Procedure, or Section 27.031(a)(3), Government Code.
(b) A county or district court judge may not order the
department to change the type of title for:
(1) a nonrepairable vehicle titled after September 1,
2003; or
(2) a vehicle for which the department has issued a
certificate of authority under Section 683.054.
SECTION 39. Sections 501.053(a) and (e), Transportation
Code, are amended to read as follows:
(a) As an alternative to the procedure provided by Section
501.052, the person may obtain a title by filing [file] a bond with
the department if the vehicle is in the possession of the applicant
and:
(1) there is no security interest on the vehicle;
(2) any lien on the vehicle is at least 10 years old;
or
(3) the person provides a release of all liens with
bond. [On the filing of the bond the person may obtain a title.]
(e) The board by rule may establish a fee to be collected
under this section to be allocated to the department to provide for
[cover] the cost of administering this section.
SECTION 40. Section 501.095(b), Transportation Code, is
amended to read as follows:
(b) A person [An owner], other than a salvage vehicle
dealer, a used automotive parts recycler, or an insurance company
licensed to do business in this state, who acquired ownership of a
nonrepairable or salvage motor vehicle that has not been issued a
nonrepairable vehicle title, nonrepairable record of title,
salvage vehicle title, salvage record of title, or a comparable
ownership document issued by another state or jurisdiction shall,
before selling the motor vehicle, surrender the properly assigned
title for the motor vehicle to the department and apply to the
department for the appropriate ownership document.
SECTION 41. Sections 501.100(a) and (d), Transportation
Code, are amended to read as follows:
(a) The owner of a motor [A] vehicle for which a
nonrepairable vehicle [certificate of] title issued prior to
September 1, 2003, or for which a salvage vehicle title or salvage
record of title has been issued may apply for [obtain] a title after
the motor vehicle has been repaired, rebuilt, or reconstructed and,
in addition to any other requirement of law, only if the
application:
(1) describes each major component part used to repair
the motor vehicle;
(2) states the name of each person from whom the parts
used in assembling the vehicle were obtained; and
(3) shows the identification number required by
federal law to be affixed to or inscribed on the part.
(d) In addition to the fee described by Subsection (b), the
applicant shall pay a $65 rebuilder fee. The applicant shall
include the fee with the statement submitted under Section 502.156
for the vehicle.
SECTION 42. Subchapter G, Chapter 501, Transportation Code,
is amended by adding Section 501.139 to read as follows:
Sec. 501.139. ELECTRONIC FUNDS TRANSFER. A county
assessor-collector that transfers money to the department under
this chapter shall transfer the money electronically.
SECTION 43. Section 501.146, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) A late fee imposed under this section may not exceed
$250.
SECTION 44. Section 501.148(c), Transportation Code, is
amended to read as follows:
(c) Of each late fee collected from a person who does not
hold a general distinguishing number by the department under
Subsection (b), $10 shall be allocated to the department to [may] be
used only to fund a statewide public awareness campaign designed to
inform and educate the public about the provisions of this chapter.
SECTION 45. Section 501.173, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) In addition to other title fees, the board by rule may
set a fee to be assessed for the issuance of a paper title to cover
the cost of administering the electronic titling system.
SECTION 46. Section 502.001, Transportation Code, is
amended by amending Subdivision (7) and adding Subdivision (39-a)
to read as follows:
(7) "Commercial motor vehicle" means a [commercial]
motor vehicle, other than a motorcycle, designed or used primarily
to transport property. The term includes a passenger car
reconstructed and used primarily for delivery purposes. The term
does not include a passenger car used to deliver the United States
mail [as defined by Section 644.001].
(39-a) "Shipping weight" means empty weight.
SECTION 47. Sections 502.040(b) and (d), Transportation
Code, are amended to read as follows:
(b) The application must be accompanied by personal
identification as determined by department rule and made in a
manner prescribed by the department:
(1) through the county assessor-collector of the
county in which the owner resides; [or]
(2) if the county in which the owner resides has been
declared by the governor as a disaster area, through the county
assessor-collector of a county that is one of the closest
unaffected counties to a county that asks for assistance and:
(A) continues to be declared by the governor as a
disaster area because the county has been rendered inoperable by
the disaster; and
(B) is inoperable for a protracted period of
time; or
(3) if the county assessor-collector's office in which
the owner resides is closed for a protracted period of time as
defined by the department, to the county assessor-collector of a
county that borders the county in which the owner resides who agrees
to accept the application.
(d) A county assessor-collector, a deputy county
assessor-collector, or a person acting on behalf of a county
assessor-collector is not liable to any person for:
(1) refusing to register a [motor] vehicle because of
the person's failure to submit evidence of residency that complies
with the department's rules; or
(2) registering a [motor] vehicle under this section.
SECTION 48. The heading to Section 502.043, Transportation
Code, is amended to read as follows:
Sec. 502.043. APPLICATION FOR REGISTRATION AND CERTAIN
PERMITS.
SECTION 49. Section 502.043, Transportation Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (c-1) to read as follows:
(a) An application for vehicle registration or a permit
described by Section 502.094 or 502.095 must:
(1) be made in a manner prescribed and include the
information required by the department by rule; and
(2) contain a full description of the vehicle as
required by department rule.
(b) The department shall deny the registration of or
permitting under Section 502.094 or 502.095 of a commercial motor
vehicle, truck-tractor, trailer, or semitrailer if the applicant:
(1) has a business operated, managed, or otherwise
controlled or affiliated with a person who is ineligible for
registration or whose privilege to operate has been suspended,
including the applicant entity, a relative, family member,
corporate officer, or shareholder;
(2) has a vehicle that has been prohibited from
operating by the Federal Motor Carrier Safety Administration for
safety-related reasons;
(3) is a carrier whose business is operated, managed,
or otherwise controlled or affiliated with a person who is
ineligible for registration, including the owner, a relative, a
family member, a corporate officer, or a shareholder; or
(4) fails to deliver to the county assessor-collector
proof of the weight of the vehicle, the maximum load to be carried
on the vehicle, and the gross weight for which the vehicle is to be
registered.
(c) In lieu of filing an application during a year as
provided by Subsection (a), the owner of a vehicle registered in any
state for that year or the preceding year may present:
(1) the registration receipt and transfer receipt for
the vehicle; or
(2) other evidence satisfactory to the county
assessor-collector that the person owns the vehicle[, if any].
(c-1) A [The] county assessor-collector shall accept a
[the] receipt or evidence provided under Subsection (c) as an
application for renewal of the registration if the receipt or
evidence indicates the applicant owns the vehicle. This section
allows issuance for registration purposes only but does not
authorize the department to issue a title.
SECTION 50. Section 502.055, Transportation Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) For the purposes of this section:
(1) shipping weight is the weight generally accepted
as the correct shipping weight of a vehicle; and
(2) the seating capacity of a bus is:
(A) the manufacturer's rated seating capacity,
excluding the operator's seat; or
(B) if the manufacturer has not rated the vehicle
for seating capacity, a number computed by allowing one passenger
for each 16 inches of seating on the bus, excluding the operator's
seat, multiplied by 150 pounds.
(d) For registration purposes:
(1) the weight of a passenger car is the shipping
weight of the car plus 100 pounds; and
(2) the weight of a municipal bus or private bus is
calculated by adding the following and rounding to the next highest
100 pounds:
(A) the shipping weight of the bus; and
(B) the seating capacity multiplied by 150
pounds.
SECTION 51. Section 502.092(b), Transportation Code, is
amended to read as follows:
(b) The department shall issue a receipt for a permit issued
[distinguishing insignia for a vehicle issued a permit] under this
section in a manner provided by the department. The permit receipt
must contain the information required by this section and be
carried in the vehicle for which it is issued at all times during
which it is valid. [The insignia must be attached to the vehicle in
lieu of regular license plates and must show the permit expiration
date.] A permit issued under this section is valid until the
earlier of:
(1) the date the vehicle's registration in the owner's
home state or country expires; or
(2) the 30th day after the date the permit is issued.
SECTION 52. Sections 502.094(c) and (d), Transportation
Code, are amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the county assessor-collector or [,]
the department[, or the department's wire service agent, if the
department has a wire service agent];
(2) paying a fee of $25 for a 72-hour permit or $50 for
a 144-hour permit in the manner prescribed by the department that
may include a service charge for a credit card payment or escrow
account;
(3) furnishing to the county assessor-collector or [,]
the department[, or the department's wire service agent,] evidence
of financial responsibility for the vehicle that complies with
Sections 502.046(c) and 601.168(a); and
(4) submitting a copy of the applicable federal
declaration form required by the Federal Motor Carrier Safety
Administration or its successor in connection with the importation
of a motor vehicle or motor vehicle equipment subject to the federal
motor vehicle safety, bumper, and theft prevention standards.
(d) A county assessor-collector shall report and send a fee
collected under this section in the manner provided by Section
502.198. [Each week, a wire service agent shall send to the
department a report of all permits issued by the agent during the
previous week.] The board by rule shall prescribe the format and
content of a report required by this subsection.
SECTION 53. Section 502.168, Transportation Code, is
amended to read as follows:
Sec. 502.168. FEE: MOTOR BUS. The fee for a registration
year for registration of a motor bus is the fee prescribed by
Section 502.252 [502.161] or 502.253 [502.162], as applicable.
SECTION 54. Subchapter E, Chapter 502, Transportation Code,
is amended by adding Section 502.199 to read as follows:
Sec. 502.199. ELECTRONIC FUNDS TRANSFER. A county
assessor-collector that transfers money to the department under
this chapter shall transfer the money electronically.
SECTION 55. Section 502.473(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a) if the defendant pays an administrative fee not to exceed $10
and:
(1) remedies the defect before the defendant's first
court appearance; or
(2) shows that the motor vehicle was issued a
registration insignia by the department that was attached to the
motor vehicle, establishing that the vehicle was registered for the
period during which the offense was committed[; and
[(2) pays an administrative fee not to exceed $10].
SECTION 56. Subchapter K, Chapter 502, Transportation Code,
is amended by adding Section 502.4755 to read as follows:
Sec. 502.4755. DECEPTIVELY SIMILAR INSIGNIA. (a) A person
commits an offense if the person:
(1) manufactures, sells, or possesses a registration
insignia deceptively similar to the registration insignia of the
department; or
(2) makes a copy or likeness of an insignia
deceptively similar to the registration insignia of the department
with intent to sell the copy or likeness.
(b) For the purposes of this section, an insignia is
deceptively similar to the registration insignia of the department
if the insignia is not prescribed by the department but a reasonable
person would presume that it was prescribed by the department.
(c) A district or county court, on application of the
attorney general or of the district attorney or prosecuting
attorney performing the duties of the district attorney for the
district in which the court is located, may enjoin a violation or
threatened violation of this section on a showing that a violation
has occurred or is likely to occur.
(d) It is an affirmative defense to a prosecution under this
section that the insignia was produced pursuant to a licensing
agreement with the department.
(e) An offense under this section is a felony of the third
degree.
SECTION 57. Section 502.491, Transportation Code, as
redesignated from Section 502.451, Transportation Code, by Chapter
1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session,
2011, is reenacted to incorporate amendments to Section 502.451,
Transportation Code, made by Chapters 432 (S.B. 1057) and 1296
(H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,
and amended to read as follows:
Sec. 502.491. TRANSFER OF VEHICLE REGISTRATION. (a) On the
sale or transfer of a [motor] vehicle, the registration insignia
issued for the [motor] vehicle shall be removed. The registration
period remaining at the time of sale or transfer expires at the time
of sale or transfer.
[(a-1) On the sale of a used motor vehicle by a dealer, the
dealer shall issue to the buyer new registration documents for an
entire registration year.]
(b) On a sale or transfer of a [motor] vehicle in which
neither party holds a general distinguishing number issued under
Chapter 503, the part of the registration period remaining at the
time of the sale or transfer shall continue with the vehicle being
sold or transferred and does not transfer with the license plates or
registration validation insignia. To continue the remainder of the
registration period, the purchaser or transferee must file the
documents required under Section 501.145.
(c) On the sale or transfer of a [motor] vehicle to a dealer,
as defined by Section 503.001, who holds a general distinguishing
number issued under Chapter 503, the registration period remaining
at the time of the sale or transfer expires at the time of the sale
or transfer. On the sale of a used [motor] vehicle by a dealer, the
dealer shall issue to the buyer new registration documents for an
entire registration year.
(d) If the transferor has paid for more than one year of
registration, the department may credit the transferor for any time
remaining on the registration in annual increments.
SECTION 58. Section 504.202(e), Transportation Code, is
amended to read as follows:
(e) Other than license plates issued under Subsection (h),
license plates issued under this section must include:
(1) the letters "DV" [as a prefix or suffix to any
numeral] on the plate if the plate is issued for a vehicle other
than a motorcycle; and
(2) the words "Disabled Veteran" and "U.S. Armed
Forces" at the bottom of each license plate.
SECTION 59. Section 504.306, Transportation Code, is
amended to read as follows:
Sec. 504.306. MEMBERS AND FORMER MEMBERS OF [PERSONS
RETIRED FROM SERVICE IN] MERCHANT MARINE OF THE UNITED STATES. The
department shall issue specialty license plates for members and
former members of [persons retired from service in] the merchant
marine of the United States. The license plates must include the
words "Merchant Marine."
SECTION 60. Section 504.610(a), Transportation Code, is
amended to read as follows:
(a) The department may [shall] issue specialty license
plates in recognition of the Texas Aerospace Commission. [including
the words "Texas Aerospace Commission."] The department shall
design the license plates in consultation with the Texas Aerospace
Commission.
SECTION 61. Section 504.652(b), Transportation Code, is
amended to read as follows:
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of an account in the general
revenue fund. Money in the account may be used only by Texas
AgriLife [Cooperative] Extension for graduate student
assistantships within the Texas Master Gardener program and to
support Texas AgriLife [Cooperative] Extension's activities
related to the Texas Master Gardener program.
SECTION 62. Section 504.901, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) This section applies only to:
(1) a passenger vehicle with a gross weight of 6,000
pounds or less; and
(2) a light truck with a gross weight of 10,000 pounds
or less.
SECTION 63. Section 504.945(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a)(3), (5), (6), or (7) if the defendant pays an administrative fee
not to exceed $10 and:
(1) remedies the defect before the defendant's first
court appearance; or [and]
(2) shows that the vehicle was issued a plate by the
department that was attached to the vehicle, establishing that the
vehicle was registered for the period during which the offense was
committed [pays an administrative fee not to exceed $10].
SECTION 64. Subchapter L, Chapter 504, Transportation Code,
is amended by adding Sections 504.946 and 504.947 to read as
follows:
Sec. 504.946. DECEPTIVELY SIMILAR LICENSE PLATE. (a) A
person commits an offense if the person:
(1) manufactures, sells, or possesses a license plate
deceptively similar to a license plate issued by the department; or
(2) makes a copy or likeness of a license plate
deceptively similar to a license plate issued by the department
with intent to sell the copy or likeness.
(b) For the purposes of this section, a license plate is
deceptively similar to a license plate issued by the department if
it is not prescribed by the department but a reasonable person would
presume that it was prescribed by the department.
(c) A district or county court, on application of the
attorney general or of the district attorney or prosecuting
attorney performing the duties of the district attorney for the
district in which the court is located, may enjoin a violation or
threatened violation of this section on a showing that a violation
has occurred or is likely to occur.
(d) It is an affirmative defense to a prosecution under this
section that the license plate was produced pursuant to a licensing
agreement with the department.
(e) An offense under this section is a felony of the third
degree.
Sec. 504.947. GENERAL PENALTY. (a) A person commits an
offense if the person violates a provision of this chapter and no
other penalty is prescribed for the violation.
(b) An offense under Subsection (a) is a misdemeanor
punishable by a fine of not less than $5 or more than $200.
SECTION 65. Section 520.001, Transportation Code, is
amended to read as follows:
Sec. 520.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Board" means the board of the Texas Department of
Motor Vehicles.
(2) "Department"[, "department"] means the Texas
Department of Motor Vehicles.
SECTION 66. Section 520.005, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Notwithstanding the requirements of Section [Sections
520.008 and] 520.0091, the assessor-collector may license
franchised and non-franchised motor vehicle dealers to title and
register motor vehicles in accordance with rules adopted under
Section 520.004. The county assessor-collector may pay a fee to a
motor vehicle dealer independent of or as part of the portion of the
fees that would be collected by the county for each title and
registration receipt issued.
(d) Each county assessor-collector shall process a
registration renewal through an online system designated by the
department.
SECTION 67. Section 520.006(a-1), Transportation Code, as
added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of the
82nd Legislature, Regular Session, 2011, is reenacted and amended
to read as follows:
(a-1) A county assessor-collector collecting fees on behalf
of a county that has been declared as a disaster area or that is
closed for a protracted period of time as defined by the department
for purposes of Section 501.023 or 502.040 may retain the
commission for fees collected, but shall allocate the fees to the
county declared as a disaster area or that is closed for a
protracted period of time.
SECTION 68. Subchapter A, Chapter 520, Transportation Code,
is amended by adding Section 520.0061 to read as follows:
Sec. 520.0061. CONTRACTS BETWEEN COUNTIES. (a) A county
tax assessor-collector, with approval of the commissioners court of
the county by order, may enter into an agreement with one or more
counties to perform mail-in or online registration or titling
duties.
(b) A contract entered into under Subsection (a) may be
terminated by a county that is a party to the contract.
SECTION 69. Section 520.0091, Transportation Code, is
amended to read as follows:
Sec. 520.0091. DEPUTY ASSESSOR-COLLECTORS. (a) A county
assessor-collector, with the approval of the commissioners court of
the county, may deputize an individual or business entity to
provide titling and registration services[:
[(1) issue motor vehicle registration receipts as a
limited-service deputy; or
[(2) issue motor vehicle registration receipts and
prepare or accept applications for title transfers as a
full-service deputy].
(b) A county may require a deputized [An] individual or
business entity to post [is eligible to be deputized as a
limited-service deputy if the person:
[(1) is trained to issue registration receipts by the
county assessor-collector; and
[(2) posts] a bond payable to the county
assessor-collector:
(1) [(A)] in an amount determined by the county
[assessor-collector]; and
(2) [(B)] conditioned on the person's proper
accounting and remittance of all fees the person collects.
(c) The board by rule may establish:
(1) classes of deputies who may provide titling and
registration services under this section, and the duties of the
deputies; and
(2) fees that a deputy may charge and retain [An
individual or business entity is eligible to be deputized as a
full-service deputy if the person:
[(1) meets the requirements of Subsection (b); and
[(2) has experience in title transfers].
[(d) A person deputized under this section shall keep a
separate account of the fees collected and a record of daily
receipts.]
SECTION 70. The heading to Section 520.0093, Transportation
Code, is amended to read as follows:
Sec. 520.0093. LEASE OF [ADDITIONAL] COMPUTER EQUIPMENT.
SECTION 71. Section 520.0093, Transportation Code, is
amended by amending Subsections (a), (c), and (e) and adding
Subsection (b-1) to read as follows:
(a) The department may [This section applies only to the]
lease [of] equipment and provide related services to a:
(1) county for the operation of the automated
registration and titling system in addition to the equipment
provided by the department at no cost to the county under a formula
prescribed by the department; and
(2) deputy appointed under Section 520.0091.
(b-1) On the request of a deputy appointed under Section
520.0091, the department may enter into an agreement under which
the department leases equipment to the deputy for the use of the
deputy in operating the automated registration and titling system.
The department may require the deputy to post a bond in an amount
equal to the value of the equipment.
(c) A county may install equipment leased under this section
at offices of the county or of an agent of the county. A deputy
appointed under Section 520.0091 may install equipment leased under
this section on the premises described in the agreement.
(e) Under the agreement, the department shall charge an
amount not less than the amount of the cost to the department to
provide the [additional] equipment and any related services under
the lease. All money collected under the lease shall be deposited
to the credit of the state highway fund.
SECTION 72. Section 520.016(c), Transportation Code, is
amended to read as follows:
(c) This section does not apply to a violation of Section
520.006 or [, 520.008, 520.009,] 520.0091[, or 520.0092].
SECTION 73. Subchapter D, Chapter 551, Transportation Code,
is amended by adding Section 551.304 to read as follows:
Sec. 551.304. LIMITED OPERATION. (a) An operator may
operate a neighborhood electric vehicle:
(1) in a master planned community:
(A) that has in place a uniform set of
restrictive covenants; and
(B) for which a county or municipality has
approved a plat;
(2) on a public or private beach; or
(3) on a public highway for which the posted speed
limit is not more than 35 miles per hour, if the neighborhood
electric vehicle is operated:
(A) during the daytime; and
(B) not more than two miles from the location
where the neighborhood electric vehicle is usually parked and for
transportation to or from a golf course.
(b) A person is not required to register a neighborhood
electric vehicle operated in compliance with this section.
SECTION 74. Section 551.402, Transportation Code, is
amended to read as follows:
Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas
Department of Motor Vehicles [Transportation] may not register a
golf cart for operation on a public highway regardless of whether
any alteration has been made to the golf cart.
(b) The Texas Department of Motor Vehicles [department] may
issue license plates for a golf cart only as authorized by Section
504.510.
SECTION 75. Section 601.052(a), Transportation Code, is
amended to read as follows:
(a) Section 601.051 does not apply to:
(1) the operation of a motor vehicle that:
(A) is a former military vehicle or is at least 25
years old;
(B) is used only for exhibitions, club
activities, parades, and other functions of public interest and not
for regular transportation; and
(C) for which the owner files with the department
an affidavit, signed by the owner, stating that the vehicle is a
collector's item and used only as described by Paragraph (B);
(2) the operation of a neighborhood electric vehicle
or a golf cart that is operated only as authorized by Section
551.304 or 551.403; or
(3) a volunteer fire department for the operation of a
motor vehicle the title of which is held in the name of a volunteer
fire department.
SECTION 76. Section 621.002(a), Transportation Code, is
amended to read as follows:
(a) A copy of the registration receipt issued under Section
502.057 [502.178] for a commercial motor vehicle, truck-tractor,
trailer, or semitrailer shall be:
(1) carried on the vehicle when the vehicle is on a
public highway; and
(2) presented to an officer authorized to enforce this
chapter on request of the officer.
SECTION 77. Section 621.301(b), Transportation Code, is
amended to read as follows:
(b) The commissioners court may limit the maximum weights to
be moved on or over a county road, bridge, or culvert by exercising
its authority under this subsection in the same manner and under the
same conditions provided by Section 621.102 for the Texas
Department of Transportation [commission] to limit maximum weights
on highways and roads to which that section applies.
SECTION 78. Subchapter D, Chapter 621, Transportation Code,
is amended by adding Section 621.304 to read as follows:
Sec. 621.304. RESTRICTION ON LOCAL GOVERNMENT AUTHORITY TO
REGULATE OVERWEIGHT VEHICLES AND LOADS. A county or municipality
may not require a permit, bond, fee, or license for the movement of
a vehicle or combination of vehicles or any load carried by the
vehicle or vehicles that exceeds the weight or size limits on the
state highway system in the county or municipality.
SECTION 79. Subchapter G, Chapter 621, Transportation Code,
is amended by adding Section 621.510 to read as follows:
Sec. 621.510. PERMIT VOID. A permit issued under this
chapter is void on the failure of the owner or the owner's
representative to comply with a rule of the board or with a
condition placed on the permit by the department.
SECTION 80. Section 622.074, Transportation Code, is
amended to read as follows:
Sec. 622.074. NONAPPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to:
(1) farm equipment used for a purpose other than
construction;
(2) special mobile equipment owned by a dealer or
distributor;
(3) a vehicle used to propel special mobile equipment
that is registered as a farm vehicle under [as defined by] Section
502.433 [502.163]; or
(4) equipment while being used by a commercial hauler
to transport special mobile equipment under hire of a person who
derives $500 in gross receipts annually from a farming or ranching
enterprise.
SECTION 81. Section 622.901, Transportation Code, is
amended to read as follows:
Sec. 622.901. WIDTH EXCEPTIONS. The width limitation
provided by Section 621.201 does not apply to:
(1) highway building or maintenance machinery that is
traveling:
(A) during daylight on a public highway other
than a highway that is part of the national system of interstate and
defense highways; or
(B) for not more than 50 miles on a highway that
is part of the national system of interstate and defense highways;
(2) a vehicle traveling during daylight on a public
highway other than a highway that is part of the national system of
interstate and defense highways or traveling for not more than 50
miles on a highway that is part of the national system of interstate
and defense highways if the vehicle is:
(A) a farm tractor or implement of husbandry; or
(B) a vehicle on which a farm tractor or
implement of husbandry, other than a tractor or implement being
transported from one dealer to another, is being moved by the owner
of the tractor or implement or by an agent or employee of the owner:
(i) to deliver the tractor or implement to a
new owner;
(ii) to transport the tractor or implement
to or from a mechanic for maintenance or repair; or
(iii) in the course of an agricultural
operation;
(3) machinery that is used solely for drilling water
wells, including machinery that is a unit or a unit mounted on a
conventional vehicle or chassis, and that is traveling:
(A) during daylight on a public highway other
than a highway that is part of the national system of interstate and
defense highways; or
(B) for not more than 50 miles on a highway that
is part of the national system of interstate and defense highways;
(4) a vehicle owned or operated by a public, private,
or volunteer fire department;
(5) a vehicle registered under Section 502.431
[502.164]; or
(6) a recreational vehicle to which Section 622.903
applies.
SECTION 82. Section 623.011(b), Transportation Code, is
amended to read as follows:
(b) To qualify for a permit under this section:
(1) the vehicle must be registered under Chapter 502
for the maximum gross weight applicable to the vehicle under
Section 621.101, not to exceed 80,000 pounds;
(2) the security requirement of Section 623.012 must
be satisfied; and
(3) a base permit fee of $90, any additional fee
required by Section 623.0111, and any additional fee set by the
board [department] under Section 623.0112 must be paid.
SECTION 83. Sections 623.014(c) and (d), Transportation
Code, are amended to read as follows:
(c) The department shall issue the prorated credit if the
person:
(1) pays the fee adopted by the board [department];
and
(2) provides the department with:
(A) the original permit; or
(B) if the original permit does not exist,
written evidence in a form approved by the department that the
vehicle has been destroyed or is permanently inoperable.
(d) The fee adopted by the board [department] under
Subsection (c)(1) may not exceed the cost of issuing the credit.
SECTION 84. Section 623.0711(f), Transportation Code, is
amended to read as follows:
(f) The commission shall require the motor carrier to file a
bond in an amount set by the commission, payable to the Texas
Department of Transportation [department] and conditioned on the
motor carrier paying to the Texas Department of Transportation
[department] any damage that is sustained to a state highway
because of the operation of a vehicle under a permit issued under
this section.
SECTION 85. Section 623.078(b), Transportation Code, is
amended to read as follows:
(b) The department [board] shall send each fee collected
under Subsection (a) to the comptroller for deposit to the credit of
the state highway fund.
SECTION 86. Section 623.144, Transportation Code, is
amended to read as follows:
Sec. 623.144. REGISTRATION OF VEHICLE. A permit under this
subchapter may be issued only if the vehicle is registered under
Chapter 502 for the maximum gross weight applicable to the vehicle
under Section 621.101 or has the distinguishing license plates as
provided by Section 502.146 [504.504] if applicable to the vehicle.
SECTION 87. Section 623.149(a), Transportation Code, is
amended to read as follows:
(a) The department may establish criteria to determine
whether oil well servicing, oil well clean out, or oil well drilling
machinery or equipment is subject to registration under Chapter 502
or eligible for the distinguishing license plate provided by
Section 502.146 [504.504].
SECTION 88. Section 623.194, Transportation Code, is
amended to read as follows:
Sec. 623.194. REGISTRATION OF VEHICLE. A permit under this
subchapter may be issued only if the vehicle to be moved is
registered under Chapter 502 for the maximum gross weight
applicable to the vehicle under Section 621.101 or has the
distinguishing license plates as provided by Section 502.146
[504.504] if applicable to the vehicle.
SECTION 89. Section 623.199(a), Transportation Code, is
amended to read as follows:
(a) The department may establish criteria to determine
whether an unladen lift equipment motor vehicle that because of its
design for use as lift equipment exceeds the maximum weight and
width limitations prescribed by statute is subject to registration
under Chapter 502 or eligible for the distinguishing license plate
provided by Section 502.146 [504.504].
SECTION 90. Chapter 623, Transportation Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. PERMIT TO DELIVER RELIEF SUPPLIES DURING NATIONAL
EMERGENCY
Sec. 623.341. PERMIT TO DELIVER RELIEF SUPPLIES. (a)
Notwithstanding any other law, the department may issue a special
permit during a major disaster as declared by the president of the
United States under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) to an
overweight or oversize vehicle or load that:
(1) can easily be dismantled or divided; and
(2) will be used only to deliver relief supplies.
(b) A permit issued under this section expires not later
than the 120th day after the date of the major disaster declaration.
Sec. 623.342. RULES. The board may adopt rules necessary to
implement this subchapter, including rules that establish:
(1) the fee for a permit; and
(2) requirements for obtaining a permit.
Sec. 623.343. PERMIT CONDITIONS. The department may impose
conditions on a permit holder to ensure the safe operation of a
permitted vehicle and minimize damage to roadways, including
requirements related to vehicle routing, hours of operation, weight
limits, and lighting and requirements for escort vehicles.
Sec. 623.344. PERMIT FEES. (a) The department may collect a
fee for each permit issued under this subchapter.
(b) A fee collected under this subchapter shall be sent to
the comptroller for deposit to the credit of the state highway fund
and may be appropriated only to the department.
(c) The department may collect a highway maintenance fee
under Section 623.077 or a vehicle supervision fee under Section
623.078 from a person who holds a permit under this subchapter. The
highway maintenance fee or vehicle supervision fee shall be sent to
the comptroller and deposited as required by those sections.
SECTION 91. Section 648.051(b), Transportation Code, is
amended to read as follows:
(b) This subchapter supersedes that portion of any paired
city, paired state, or similar understanding governing foreign
commercial motor vehicles or motor carriers entered into under
Section 502.091 [502.054] or any other law.
SECTION 92. Section 648.102(a), Transportation Code, is
amended to read as follows:
(a) The Texas Department of Motor Vehicles [Transportation]
shall adopt rules that conform with 49 C.F.R. Part 387 requiring
motor carriers operating foreign commercial motor vehicles in this
state to maintain financial responsibility.
SECTION 93. Section 681.003(b), Transportation Code, is
amended to read as follows:
(b) An application for a disabled parking placard must be:
(1) on a form furnished by the department;
(2) submitted to the county assessor-collector of the
county in which the person with the disability resides or in which
the applicant is seeking medical treatment if the applicant is not a
resident of this state; and
(3) accompanied by a fee of $5 if the application is
for a temporary placard.
SECTION 94. Section 681.0031, Transportation Code, is
amended to read as follows:
Sec. 681.0031. APPLICANT'S [DRIVER'S LICENSE OR PERSONAL]
IDENTIFICATION [CARD NUMBER]. (a) The applicant shall include on
the application the applicant's:
(1) driver's license number or the number of a personal
identification card issued to the applicant under Chapter 521;
(2) military identification number; or
(3) driver's license number of a driver's license
issued by another state or country if the applicant is not a
resident of this state and is seeking medical treatment in this
state. [The department shall provide for this information in
prescribing the application form.]
(b) The county assessor-collector shall record on any
disabled parking placard issued to the applicant the following
information in the following order:
(1) the county number assigned by the comptroller to
the county issuing the placard;
(2) the first four digits of the applicant's driver's
license number, personal identification card number, or military
identification number; and
(3) the applicant's initials.
SECTION 95. Section 681.004(c), Transportation Code, is
amended to read as follows:
(c) A disabled parking placard issued to a person with a
permanent disability:
(1) is valid for:
(A) [a period of] four years for a resident of
this state; and
(B) six months for a person who is not a resident
of this state; and
(2) shall be replaced or renewed on request of the
person to whom the initial card was issued without presentation of
evidence of eligibility.
SECTION 96. Section 681.012, Transportation Code, is
amended to read as follows:
Sec. 681.012. SEIZURE AND REVOCATION OF PLACARD. (a) A law
enforcement officer who believes that an offense under Section
681.011(a) or (d) has occurred in the officer's presence shall
seize any disabled parking placard involved in the offense. Not
later than 48 hours after the seizure, the officer shall determine
whether probable cause existed to believe that the offense was
committed. If the officer does not find that probable cause
existed, the officer shall promptly return each placard to the
person from whom it was seized. If the officer finds that probable
cause existed, the officer, not later than the fifth day after the
date of the seizure, shall destroy the [submit each seized] placard
and notify [to] the department.
(a-1) A peace officer may seize a disabled parking placard
from a person who operates a vehicle on which a disabled parking
placard is displayed if the peace officer determines by inspecting
the person's driver's license, [or] personal identification
certificate, or military identification that the disabled parking
placard does not contain the first four digits of the driver's
license number, [or] personal identification certificate number,
or military identification number and the initials of:
(1) the person operating the vehicle;
(2) the applicant on behalf of a person being
transported by the vehicle; or
(3) a person being transported by the vehicle.
(a-2) A peace officer shall destroy a seized [submit each
seized parking] placard and notify [to] the department [not later
than the fifth day after the seizure].
(b) On seizure of a placard [submission to the department]
under Subsection (a) or (a-1) [(a-2)], a placard is revoked. On
request of the person from whom the placard was seized, the
department shall conduct a hearing and determine whether the
revocation should continue or the placard should be returned to the
person and the revocation rescinded.
SECTION 97. Section 728.002(d), Transportation Code, is
amended to read as follows:
(d) This section does not prohibit the quoting of a price
for a motor home or [,] tow truck[, or towable recreational vehicle]
at a show or exhibition described by Section 2301.358, Occupations
Code.
SECTION 98. Section 730.007(c), Transportation Code, is
amended to read as follows:
(c) This section does not:
(1) prohibit the disclosure of a person's photographic
image to:
(A) a law enforcement agency, the Texas
Department of Motor Vehicles, a county tax assessor-collector, or a
criminal justice agency for an official purpose;
(B) an agency of this state investigating an
alleged violation of a state or federal law relating to the
obtaining, selling, or purchasing of a benefit authorized by
Chapter 31 or 33, Human Resources Code; or
(C) an agency of this state investigating an
alleged violation of a state or federal law under authority
provided by Title 4, Labor Code; or
(2) prevent a court from compelling by subpoena the
production of a person's photographic image.
SECTION 99. Section 1001.009(c), Transportation Code, is
amended to read as follows:
(c) The rules adopted under Subsection (a) may:
(1) authorize the use of electronic funds transfer or
a valid debit or credit card issued by a financial institution
chartered by a state, the United States, or a nationally recognized
credit organization approved by the department; [and]
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee; and
(3) require an overpayment of a motor vehicle or
salvage dealer license fee of:
(A) less than $10 to be credited toward a future
fee requirement; and
(B) more than $10 to be refunded.
SECTION 100. Subchapter A, Chapter 1001, Transportation
Code, is amended by adding Section 1001.012 to read as follows:
Sec. 1001.012. IMMUNITY FROM LIABILITY. (a)
Notwithstanding any other law, the executive director, a board
member, or an employee is not personally liable for damages
resulting from an official act or omission unless the act or
omission constitutes intentional or malicious malfeasance.
(b) The attorney general shall defend a person described by
Subsection (a) in an action brought in connection with the act or
omission by the person regardless of whether the person serves the
board or department in any capacity at the time the action is
brought.
(c) The state shall indemnify a person for a judgment in an
action described by Subsection (a), but the state may seek
contribution from the person if liability is otherwise permitted by
this section.
SECTION 101. Section 1001.023(b), Transportation Code, is
amended to read as follows:
(b) The chair shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the board the governor's suggestions for
department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the board, and the Legislative Budget
Board;
(7) designate at least one employee [one or more
employees] of the department as a civil rights officer [division]
of the department and receive regular reports from the officer or
officers [division] on the department's efforts to comply with
civil rights legislation and administrative rules;
(8) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole;
(9) appoint a member of the board to act in the absence
of the chair and vice chair; and
(10) serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
SECTION 102. Section 1001.042, Transportation Code, is
amended to read as follows:
Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly define the
respective responsibilities of the executive director and the staff
of the department.
SECTION 103. Section 1001.101(2), Transportation Code, is
amended to read as follows:
(2) "License" includes:
(A) a motor carrier registration issued under
Chapter 643;
(B) a motor vehicle dealer, salvage dealer,
manufacturer, distributor, representative, converter, or agent
license issued by the department;
(C) specially designated or specialized license
plates issued under Chapter 504; [and]
(D) an apportioned registration issued according
to the International Registration Plan under Section 502.091; and
(E) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations
[502.054].
SECTION 104. The following laws are repealed:
(1) Sections 2301.101, 2301.157, and 2301.259(b),
Occupations Code;
(2) Sections 502.252(b), 503.029(b), 503.030(b),
503.066(b), 520.008, 520.009, 520.0092, and 623.093(f),
Transportation Code; and
(3) Section 520.004, Transportation Code, as added by
Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
Session, 2011.
SECTION 105. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 106. To the extent of any conflict, this Act
prevails over another Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 107. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Sections 501.146 and 504.202, Transportation Code, as
amended by this Act, and Section 504.947, Transportation Code, as
added by this Act, take effect immediately if this Act receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect,
Sections 501.146 and 504.202, Transportation Code, as amended by
this Act, and Section 504.947, Transportation Code, as added by
this Act, take effect September 1, 2013.