84R11925 JRR-F
By: Pickett H.B. No. 2701
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicles by the Texas
Department of Motor Vehicles; creating a criminal offense;
providing a penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.144, Government Code, is amended to
read as follows:
Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC
COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF
ADMINISTRATIVE HEARINGS AND HEARINGS EXAMINERS AT TEXAS DEPARTMENT
OF MOTOR VEHICLES. The following working papers and electronic
communications of an administrative law judge at the State Office
of Administrative Hearings or a hearings examiner at the Texas
Department of Motor Vehicles are excepted from the requirements of
Section 552.021:
(1) notes and electronic communications recording the
observations, thoughts, questions, deliberations, or impressions
of an administrative law judge;
(2) drafts of a proposal for decision;
(3) drafts of orders made in connection with
conducting contested case hearings; and
(4) drafts of orders made in connection with
conducting alternative dispute resolution procedures.
SECTION 2. Section 2301.258, Occupations Code, is amended
to read as follows:
Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
LICENSE. An application for a manufacturer's, distributor's,
converter's, or representative's license must be on a form
prescribed by the department. The application must include
information the department determines necessary to fully determine
the qualifications of an applicant[, including financial
resources, business integrity and experience, facilities and
personnel for serving franchised dealers,] and [other information
the department determines] pertinent to safeguard the public
interest and welfare.
SECTION 3. Section 2301.453(c), Occupations Code, is
amended to read as follows:
(c) Except as provided by Subsection (d), the manufacturer,
distributor, or representative must provide written notice by
registered or certified mail to the dealer and the board stating the
specific grounds for the termination or discontinuance. The notice
must:
(1) be received not later than the 60th day before the
effective date of the termination or discontinuance; and
(2) contain on its first page a conspicuous statement
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
ACTION."
SECTION 4. Section 2301.454(b), Occupations Code, is
amended to read as follows:
(b) The notice required by Subsection (a)(1) must:
(1) be given not later than the 60th day before the
date of the modification or replacement; and
(2) contain on its first page a conspicuous statement
that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
ACTION."
SECTION 5. Section 2301.606(c), Occupations Code, as
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(c) An order issued under this subchapter may not require
[The board or a person delegated power from the board under Section
2301.154 may not issue an order requiring] a manufacturer,
converter, or distributor to make a refund or to replace a motor
vehicle unless:
(1) the owner or a person on behalf of the owner has
mailed written notice of the alleged defect or nonconformity to the
manufacturer, converter, or distributor; and
(2) the manufacturer, converter, or distributor has
been given an opportunity to cure the alleged defect or
nonconformity.
SECTION 6. Section 2301.607(c), Occupations Code, as
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(c) If a final order is not issued [proposal for decision
and recommendation for a final order are not issued] before the
151st day after the date a complaint is filed under this subchapter,
the department shall provide written notice by certified mail to
the complainant and to the manufacturer, converter, or distributor
of the expiration of the 150-day period and of the complainant's
right to file a civil action. The department [board or a person
delegated power from the board under Section 2301.154] shall extend
the 150-day period if a delay is requested or caused by the person
who filed the complaint.
SECTION 7. Section 2301.608, Occupations Code, as amended
by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR
REFUND. (a) An order issued under this subchapter must [In an
order issued under this subchapter, the board or a person delegated
power from the board under Section 2301.154 shall] name the person
responsible for paying the cost of any refund or replacement. A
manufacturer, converter, or distributor may not cause a franchised
dealer to directly or indirectly pay any money not specifically
required [ordered] by the order [board or a person delegated power
from the board under Section 2301.154].
(b) If the final order requires [board or a person delegated
power from the board under Section 2301.154 orders] a manufacturer,
converter, or distributor to make a refund or replace a motor
vehicle under this subchapter, the final order [board or person]
may require [order] the franchised dealer to reimburse the owner,
lienholder, manufacturer, converter, or distributor only for an
item or option added to the vehicle by the dealer to the extent that
the item or option contributed to the defect that served as the
basis for the order.
(c) In a case involving a leased vehicle, the final order
[board or a person delegated power from the board under Section
2301.154] may terminate the lease and apportion allowances or
refunds, including the reasonable allowance for use, between the
lessee and lessor of the vehicle.
SECTION 8. Section 2301.610(d), Occupations Code, as
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(d) The department shall maintain a toll-free telephone
number to provide information to a person who requests information
about a condition or defect that was the basis for repurchase or
replacement by an order issued under this subchapter [chapter].
The department shall maintain an effective method of providing
information to a person who makes a request.
SECTION 9. Section 2301.612, Occupations Code, is amended
to read as follows:
Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed
with the department [board] under this subchapter is not a public
record and is not subject to release under Chapter 552, Government
Code, until the complaint is [finally] resolved by a final order of
the department [board].
SECTION 10. Section 2301.651(a), Occupations Code, is
amended to read as follows:
(a) The board may deny an application for a license, revoke
or suspend a license, place on probation a person whose license has
been suspended, or reprimand a license holder if the applicant or
license holder:
(1) is unfit under standards described in this chapter
or board rules;
(2) wilfully omits material information from or makes
a material misrepresentation in any application or other
information filed under this chapter or board rules;
(3) violates this chapter or a board rule or order;
(4) violates any law relating to the sale,
distribution, financing, or insuring of motor vehicles;
(5) fails to maintain the qualifications for a
license;
(6) wilfully defrauds a purchaser;
(7) fails to fulfill a written agreement with a retail
purchaser of a motor vehicle; or
(8) violates the requirements of Section 503.0631,
Transportation Code.
SECTION 11. Section 2301.711, Occupations Code, is amended
to read as follows:
Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as
otherwise provided by this chapter, the [The] board or a [other]
person delegated final order authority under Section 2301.154 shall
issue final orders for the implementation and enforcement of this
chapter and Chapter 503, Transportation Code.
(b) An order or decision under this chapter must:
(1) include a separate finding of fact with respect to
each specific issue required by law to be considered 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, a [or other] person delegated
final order authority under Section 2301.154, or a hearings
examiner in a contested case hearing under Section 2301.204 or
Subchapter M.
SECTION 12. Section 2301.712(b), Occupations Code, is
amended to read as follows:
(b) If a person who brings a complaint under Subchapter M
prevails in the case, the [board or a person delegated power from
the board under Section 2301.154 shall order the] nonprevailing
party in the case shall [to] reimburse the amount of the filing fee
for the case.
SECTION 13. Section 2301.713, Occupations Code, as amended
by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 2301.713. REHEARING. (a) Except as otherwise
provided by this section [Subsection (b)], a party who seeks a
rehearing of an order shall seek the rehearing in accordance with
Chapter 2001, Government Code.
(b) The board by rule may establish procedures [a procedure]
to allow a party [parties] to a contested case [cases in which the
final order is issued by a person to whom final order authority is
delegated under Section 2301.154] to file a motion [motions] for
rehearing [with the board].
(c) A motion for rehearing in a contested case under Section
2301.204 or Subchapter M must be filed with and decided by the chief
hearings examiner.
SECTION 14. Section 171.1011(g-7), Tax Code, is amended to
read as follows:
(g-7) A taxable entity that is a qualified courier and
logistics company shall exclude from its total revenue, to the
extent included under Subsection (c)(1)(A), (c)(2)(A), or (c)(3),
subcontracting payments made by the taxable entity to nonemployee
agents for the performance of delivery services on behalf of the
taxable entity. For purposes of this subsection, "qualified
courier and logistics company" means a taxable entity that:
(1) receives at least 80 percent of the taxable
entity's annual total revenue from its entire business from a
combination of at least two of the following courier and logistics
services:
(A) expedited same-day delivery of an envelope,
package, parcel, roll of architectural drawings, box, or pallet;
(B) temporary storage and delivery of the
property of another entity, including an envelope, package, parcel,
roll of architectural drawings, box, or pallet; and
(C) brokerage of same-day or expedited courier
and logistics services to be completed by a person or entity under a
contract that includes a contractual obligation by the taxable
entity to make payments to the person or entity for those services;
(2) during the period on which margin is based, is
registered as a motor carrier under Chapter 643, Transportation
Code, and if the taxable entity operates on an interstate basis, is
registered as a motor carrier or broker under the motor vehicle
registration system established under 49 U.S.C. Section 14504a or a
similar federal registration program that replaces that system
[unified carrier registration system, as defined by Section
643.001, Transportation Code,] during that period;
(3) maintains an automobile liability insurance
policy covering individuals operating vehicles owned, hired, or
otherwise used in the taxable entity's business, with a combined
single limit for each occurrence of at least $1 million;
(4) maintains at least $25,000 of cargo insurance;
(5) maintains a permanent nonresidential office from
which the courier and logistics services are provided or arranged;
(6) has at least five full-time employees during the
period on which margin is based;
(7) is not doing business as a livery service, floral
delivery service, motor coach service, taxicab service, building
supply delivery service, water supply service, fuel or energy
supply service, restaurant supply service, commercial moving and
storage company, or overnight delivery service; and
(8) is not delivering items that the taxable entity or
an affiliated entity sold.
SECTION 15. Section 256.101(3), Transportation Code, is
amended to read as follows:
(3) "Weight tolerance permit" means a permit issued
under Section 623.011 [Chapter 623] authorizing a vehicle to exceed
maximum legal weight limitations.
SECTION 16. Section 501.002(30), Transportation Code, is
amended to read as follows:
(30) "Travel trailer" means a house trailer-type
vehicle or a camper trailer:
(A) that is a recreational vehicle defined under
24 C.F.R. Section 3282.8(g); or
(B) that:
(i) is less than eight feet in width or 45
[40] feet in length, exclusive of any hitch installed on the
vehicle;
(ii) is designed primarily for use as
temporary living quarters in connection with recreational,
camping, travel, or seasonal use;
(iii) is not used as a permanent dwelling;
and
(iv) is not a utility trailer, enclosed
trailer, or other trailer that does not have human habitation as its
primary function.
SECTION 17. Section 501.004(b), Transportation Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a farm trailer or farm semitrailer with a gross
vehicle weight of 34,000 pounds or less used only for the
transportation of farm products if the products are not transported
for hire;
(2) the filing or recording of a lien that is created
only on an automobile accessory, including a tire, radio, or
heater;
(3) a motor vehicle while it is owned or operated by
the United States; or
(4) a new motor vehicle on loan to a political
subdivision of the state for use only in a driver education course
approved by the Texas [Central] Education Agency.
SECTION 18. 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 legal name, city, and state of each seller at
the first sale or a subsequent sale;
(3) the make of the motor vehicle;
(4) [(3)] the body type of the vehicle;
(5) [(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;
(6) [(5)] the serial number for the vehicle;
(7) [(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;
(8) [(7)] a statement indicating rights of
survivorship under Section 501.031;
(9) [(8)] if the vehicle has an odometer, the odometer
reading at the time of application for the title; and
(10) [(9)] any other information required by the
department.
SECTION 19. Section 501.0234(a), Transportation Code, is
amended to read as follows:
(a) A person who sells, including by consignment, at the
first or a subsequent sale a motor vehicle and who holds a general
distinguishing number issued under Chapter 503 of this code or
Chapter 2301, Occupations Code, shall:
(1) except as provided by this section, in the time and
manner provided by law, apply, in the name of the purchaser of the
vehicle, for the registration of the vehicle, if the vehicle is to
be registered, and a title for the vehicle and file with the
appropriate designated agent each document necessary to transfer
title to or register the vehicle; and [at the same time]
(2) at the time the person files for title and
registration under Subdivision (1), remit any required motor
vehicle sales tax.
SECTION 20. The heading to Section 501.036, Transportation
Code, is amended to read as follows:
Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER.
SECTION 21. Section 501.036, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) Notwithstanding any other provision of this chapter,
the department may issue a title for a farm trailer or farm
semitrailer with a gross vehicle weight of 34,000 [more than 4,000]
pounds or less 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.
(b) To obtain a title under this section, the owner of the
farm trailer or farm semitrailer must:
(1) apply for the title in the manner required by
Section 501.023; and
(2) pay the fee required by Section 501.138.
(b-1) A subsequent purchaser of a farm trailer or farm
semitrailer titled previously under this section shall obtain a
title under this section.
SECTION 22. Section 501.037, Transportation Code, is
amended to read as follows:
Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS. (a)
Notwithstanding any other provision of this chapter, the department
may issue a title for a trailer or semitrailer that has a gross
vehicle weight of 4,000 pounds or less if all other requirements for
issuance of a title are met.
(b) To obtain a title under this section, the owner of the
trailer or semitrailer must:
(1) apply for the title in the manner required by
Section 501.023; and
(2) pay the fee required by Section 501.138.
(c) A subsequent purchaser of a trailer or semitrailer
titled previously under this section shall obtain a title under
this section.
SECTION 23. Section 501.052, Transportation Code, is
amended by amending Subsection (e) and adding Subsection (f) 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 and must serve a copy of the
petition on the department and all persons known to have a potential
ownership or security interest in the vehicle, including all owners
and lienholders listed on the title. The applicant must also
provide to the court a certified title history for the vehicle
obtained from the department. The 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 department and all
interested parties. If the department's action is not sustained,
the department shall promptly issue a title for the vehicle.
(f) In an appeal brought under Subsection (e), the
department is not required to file an answer or appear before a
county or district court as a party to the appeal, but the
department may intervene to enter an appearance or provide
evidence. The court may require the department to respond to
requests for information relevant to the appeal.
SECTION 24. Section 501.0521, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) In any action filed in a county or district court under
this subchapter, the petitioner must serve a copy of the petition on
the department and all persons and entities known to have a
potential ownership or security interest in the vehicle, including
all owners and lienholders listed on the title. The petitioner must
also provide to the court a certified title history for the vehicle
obtained from the department. The department is not required to
file an answer or appear before a county or district court as a
party to the action, but the department may intervene to enter an
appearance or provide evidence.
SECTION 25. Section 501.097(a), Transportation Code, as
amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(a) An application for a nonrepairable vehicle title,
nonrepairable record of title, salvage vehicle title, or salvage
record of title must:
(1) be made in [on] a manner [form] prescribed by the
department and accompanied by a $8 application fee;
(2) include, in addition to any other information
required by the department:
(A) the name and current address of the owner;
[and]
(B) a description of the motor vehicle, including
the make, style of body, model year, and vehicle identification
number; and
(C) a statement describing whether the motor
vehicle:
(i) was the subject of a total loss claim
paid by an insurance company under Section [501.092,] 501.0925,
501.1001, or 501.1002 [501.093];
(ii) is a self-insured motor vehicle under
Section 501.1001 [501.094];
(iii) is an export-only motor vehicle under
Section 501.099;
(iv) was sold, transferred, or released to
the owner or former owner of the motor vehicle or a buyer at a casual
sale; or
(v) is a motor vehicle for which an
insurance company does not take ownership under Section 501.0935;
and
(3) include the name and address of:
(A) any currently recorded lienholder, if the
motor vehicle is a nonrepairable motor vehicle; or
(B) any currently recorded lienholder or a new
lienholder, if the motor vehicle is a salvage motor vehicle.
SECTION 26. The heading to Section 501.134, Transportation
Code, is amended to read as follows:
Sec. 501.134. CERTIFIED COPY OF [LOST OR DESTROYED]
CERTIFICATE OF TITLE.
SECTION 27. Sections 501.134(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) The [If a printed title is lost or destroyed, the] owner
or lienholder disclosed on a [the] title may obtain, in the manner
provided by this section and department rule, a certified copy of
the [lost or destroyed] title directly from the department by
applying in a manner prescribed by the department and paying a fee
[of $2. A fee collected under this subsection shall be deposited to
the credit of the Texas Department of Motor Vehicles fund and may be
spent only] as provided by Section 501.138.
(b) If a lien is disclosed on a title, the department may
issue a certified copy of the [original] title only to the first
lienholder or the lienholder's verified agent.
(c) The department must plainly mark "certified copy" on the
face of a certified copy issued under this section. A certified
copy of the title that is lawfully obtained under this section
supersedes and invalidates any previously issued title or certified
copy. If the certified copy of title is later rescinded, canceled,
or revoked under Section 501.051, the department may reinstate or
reissue a previously superseded or invalidated title or certified
copy of title. A subsequent purchaser or lienholder of the vehicle
only acquires the rights, title, or interest in the vehicle held by
the holder of the certified copy.
SECTION 28. Sections 501.138(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) An applicant for a title or certified copy of title,
other than the state or a political subdivision of the state, must
pay a fee of:
(1) $33 if the applicant's residence is a county
located within a nonattainment area as defined under Section 107(d)
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended,
or is an affected county, as defined by Section 386.001, Health and
Safety Code; or
(2) $28 if the applicant's residence is any other
county.
(b) The fees shall be distributed as follows:
(1) for an application that is not made under Section
501.134, $5 of the fee to the county treasurer for deposit in the
officers' salary fund;
(2) $8 of the fee, or $13 of the fee for an application
under Section 501.134, to the department:
(A) together with an [the] application not made
under Section 501.134 within the time prescribed by Section
501.023; or
(B) if the fee is deposited in an
interest-bearing account or certificate in the county depository or
invested in an investment authorized by Subchapter A, Chapter 2256,
Government Code, not later than the 35th day after the date on which
the fee is received; and
(3) the following amount to the comptroller at the
time and in the manner prescribed by the comptroller:
(A) $20 of the fee if the applicant's residence
is a county located within a nonattainment area as defined under
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
7407), as amended, or is an affected county, as defined by Section
386.001, Health and Safety Code; or
(B) $15 of the fee if the applicant's residence
is any other county.
(c) Of the amount received under Subsection (b)(2), the
department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3, or $8 for an application under Section
501.134, to the credit of the Texas Department of Motor Vehicles
fund to recover the expenses necessary to administer this chapter.
SECTION 29. Sections 502.001(2) and (40), Transportation
Code, are amended to read as follows:
(2) "Apportioned license plate" means a license plate
issued in lieu of a truck, motor bus, [license plate] or combination
license plate to a motor carrier in this state who proportionally
registers a vehicle owned or leased by the carrier in one or more
other states.
(40) "Token trailer" means a semitrailer that is
registered under Section 502.255 and used in combination with a
truck-tractor or commercial motor vehicle that is registered in
combination under Section 502.255, regardless of whether the
truck-tractor or commercial motor vehicle [:
[(A) has a gross weight of more than 6,000
pounds; and
[(B) is operated in combination with a truck or a
truck-tractor that] has been issued:
(A) [(i)] an apportioned license plate;
(B) [(ii)] a combination license plate; [or]
(C) [(iii)] a forestry vehicle license plate; or
(D) another license plate.
SECTION 30. Sections 502.0023(c) and (d-1), Transportation
Code, are amended to read as follows:
(c) In addition to the registration fees prescribed by this
chapter, an owner registering a commercial fleet under this section
shall pay:
(1) a one-time [an annual] commercial fleet
registration fee of $10 per motor vehicle, semitrailer, or trailer
in the fleet; and
(2) except as provided by Subsection (e), a one-time
license plate manufacturing fee of $1.50 for each fleet motor
vehicle, semitrailer, or trailer license plate.
(d-1) The department shall issue a license plate for a token
trailer registered under this section that does not expire. The
license plate must include the word "Permanent." A [alphanumeric
pattern for a] license plate issued under this subsection may
remain on a token trailer [for as long as the registration of the
token trailer is renewed or] until the token trailer is removed from
service or sold. The registration receipt required under Section
621.002 is not required for a vehicle that displays a license plate
issued under this subsection.
SECTION 31. Sections 502.146(a) and (h), Transportation
Code, are amended to read as follows:
(a) The department shall issue distinguishing [specialty]
license plates to a vehicle described by Subsection (b) or
(c). The fee for the license plates is $5 and shall be deposited to
the credit of the Texas Department of Motor Vehicles fund.
(h) A distinguishing [specialty] license plate may not be
issued or renewed under Subsection (a) to an owner of a vehicle
described by Subsection (b)(1) unless the vehicle's owner provides
a registration number issued by the comptroller under Section
151.1551, Tax Code. The comptroller shall allow access to the
online system established under Section 151.1551(l), Tax Code, to
verify a registration number provided under this subsection.
SECTION 32. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.147 to read as follows:
Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS,
FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not
required to register a farm trailer or farm semitrailer that has a
gross weight of 4,000 pounds or less or a farm tractor or an
implement of husbandry, if the trailer, semitrailer, tractor, or
implement is operated only temporarily on the highways.
SECTION 33. The heading to Section 502.255, Transportation
Code, is amended to read as follows:
Sec. 502.255. TRUCK-TRACTOR OR COMMERCIAL MOTOR VEHICLE
COMBINATION FEE; PERMANENT SEMITRAILER TOKEN FEE.
SECTION 34. Sections 502.255(c), (i), and (j),
Transportation Code, are amended to read as follows:
(c) The one-time fee for registration of a semitrailer used
in the manner described by Subsection (a), regardless of the date
the semitrailer is registered, is $105 [$15 for a registration
year].
(i) The department shall issue a license plate for a token
trailer registered under this section that does not expire or
require an annual registration insignia to be valid. The license
plate must include the word "Permanent." A [alphanumeric pattern
for a] license plate issued under this subsection may remain on a
token trailer [for as long as the registration of the token trailer
is renewed or] until the token trailer is removed from service or
sold. The registration receipt required under Section 621.002 is
not required for a vehicle that displays a license plate issued
under this subsection.
(j) A person may register a semitrailer under this section
if the person:
(1) applies to the department for registration;
(2) provides proof of the person's eligibility to
register the vehicle under this subsection as required by the
department; and
(3) pays the [a] fee required by Subsection (c) [of
$15], plus any other applicable fee under this chapter [Section
502.401, for each year included in the registration period].
SECTION 35. Section 502.433(a-1), Transportation Code, is
amended to read as follows:
(a-1) A commercial motor vehicle may not be registered or
renewed under this section unless the vehicle's owner provides a
registration number issued by the comptroller under Section
151.1551, Tax Code. The comptroller shall allow access to the
online system established under Section 151.1551(l), Tax Code, to
verify a registration number provided under this subsection.
SECTION 36. Section 503.001(1), Transportation Code, is
amended to read as follows:
(1) "Board" means the board of the Texas Department of
Motor Vehicles [has the meaning assigned by Chapter 2301,
Occupations Code].
SECTION 37. Section 503.003, Transportation Code, is
amended to read as follows:
Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
TRAILER. This chapter does not prohibit the display or sale of a
nonmotorized vehicle or trailer at a regularly scheduled vehicle or
boat show with multiple vendors [in accordance with commission
rules].
SECTION 38. Section 503.007(a), Transportation Code, is
amended to read as follows:
(a) The fee for an original general distinguishing number is
$500 for the first year and $200 for each subsequent year [for which
the number is valid].
SECTION 39. Section 503.009(b), Transportation Code, as
repealed by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature,
Regular Session, 2013, and amended by Chapter 1379 (H.B. 1692),
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
(b) The procedures applicable to a hearing conducted under
this section are those applicable to a hearing conducted under
Chapter 2301, Occupations Code, or Chapter 2001, Government Code.
SECTION 40. Section 503.010, Transportation Code, is
amended to read as follows:
Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER,
LICENSE, OR LICENSE PLATE. Each general distinguishing number,
license, or license plate issued under this chapter is valid for the
period prescribed by the board [commission].
SECTION 41. Section 503.031(a), Transportation Code, is
amended to read as follows:
(a) An applicant for a drive-a-way in-transit license must
submit to the department [commission] an application containing the
information required by the department [commission].
SECTION 42. Section 503.038(a), Transportation Code, is
amended to read as follows:
(a) The department may cancel a dealer's general
distinguishing number if the dealer:
(1) falsifies or forges a title document, including an
affidavit making application for a certified copy of a title;
(2) files a false or forged tax document, including a
sales tax affidavit;
(3) fails to take assignment of any basic evidence of
ownership, including a certificate of title or manufacturer's
certificate, for a vehicle the dealer acquires;
(4) fails to assign any basic evidence of ownership,
including a certificate of title or manufacturer's certificate, for
a vehicle the dealer sells;
(5) uses or permits the use of a metal dealer's license
plate or a dealer's temporary tag on a vehicle that the dealer does
not own or control or that is not in stock and offered for sale;
(6) wilfully omits material information from or makes
a material misrepresentation in an application or other information
filed with the department;
(7) fails to maintain the qualifications for a general
distinguishing number;
(8) fails to provide to the department within 30 days
after the date of demand by the department satisfactory and
reasonable evidence that the person is regularly and actively
engaged in business as a wholesale or retail dealer;
(9) has been licensed for at least 12 months and has
not assigned at least five vehicles during the previous 12-month
period;
(10) has failed to demonstrate compliance with
Sections 23.12, 23.121, and 23.122, Tax Code;
(11) uses or allows the use of the dealer's general
distinguishing number or the location for which the general
distinguishing number is issued to avoid the requirements of this
chapter;
(12) misuses or allows the misuse of a temporary tag
authorized under this chapter;
(13) refuses to show on a buyer's temporary tag the
date of sale or other reasonable information required by the
department; or
(14) otherwise violates this chapter or a rule adopted
under this chapter.
SECTION 43. Section 503.0626(a), Transportation Code, is
amended to read as follows:
(a) The department shall develop, manage, and maintain a
secure, real-time database of information on vehicles to which
dealers and converters have affixed temporary tags. [The database
shall be managed by the vehicle titles and registration division of
the department.]
SECTION 44. Section 503.0631(a), Transportation Code, is
amended to read as follows:
(a) The department shall develop, manage, and maintain a
secure, real-time database of information on persons to whom
temporary buyer's tags are issued that may be used by a law
enforcement agency in the same manner that the agency uses vehicle
registration information. [The database shall be managed by the
vehicle titles and registration division of the department.]
SECTION 45. Section 503.069(a), Transportation Code, is
amended to read as follows:
(a) A license plate, other than an in-transit license plate,
or a temporary tag issued under this chapter shall be displayed in
accordance with board [commission] rules.
SECTION 46. Section 504.010(c), Transportation Code, is
amended to read as follows:
(c) Unless otherwise specified by statute, the [The] board
may adopt rules regarding the placement of license plates [for a
motor vehicle, road tractor, motorcycle, trailer, or semitrailer].
SECTION 47. Sections 504.202(b) and (e), Transportation
Code, are amended to read as follows:
(b) A veteran of the United States armed forces is entitled
to register, for the person's own use, motor vehicles under this
section if:
(1) the person has suffered, as a result of military
service:
(A) at least a 50 percent service-connected
disability; or
(B) a 40 percent service-connected disability
because of the amputation of a lower extremity;
(2) the person receives compensation from the United
States because of the disability; and
(3) the motor vehicle:
(A) is owned by the person; and
(B) has a gross vehicle weight of 18,000 pounds
or less or is a motor home.
(e) Other than license plates issued under Subsection (h),
license plates issued under this section must include[:
[(1) the letters "DV" 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 48. Section 504.943(b), Transportation Code, is
amended to read as follows:
(b) A person commits an offense if the person operates on a
public highway during a registration period a road tractor, truck
tractor, motorcycle, trailer, or semitrailer that does not display
a license plate that:
(1) has been assigned by the department for the
period; and
(2) complies with department rules regarding the
placement of license plates.
SECTION 49. Section 541.201(5), Transportation Code, is
amended to read as follows:
(5) "House trailer" means a trailer or semitrailer,
other than a towable recreational vehicle, that:
(A) is transportable on a highway in one or more
sections;
(B) is less than 45 [40] feet in length,
excluding tow bar, while in the traveling mode;
(C) is built on a permanent chassis;
(D) is designed to be used as a dwelling or for
commercial purposes if connected to required utilities; and
(E) includes plumbing, heating,
air-conditioning, and electrical systems.
SECTION 50. Section 621.002, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsection (c), a [A] copy of the
registration receipt issued under Section 502.057 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.
(c) Subsection (a) does not apply to a vehicle that displays
a license plate issued under Section 502.0023(d-1) or 502.255(i).
SECTION 51. Subchapter A, Chapter 621, Transportation Code,
is amended by adding Section 621.0075 to read as follows:
Sec. 621.0075. EVIDENCE OF PERMIT. (a) An operator of a
vehicle operating under a permit issued under this subtitle who is
required by law or rule to carry the permit in the vehicle shall, on
request, provide the permit for the vehicle or a photocopy of the
permit to a peace officer, as defined by Article 2.12, Code of
Criminal Procedure.
(b) If the department provides a permit electronically, the
vehicle operator may provide a legible and accurate image of the
permit displayed on a wireless communication device.
(c) The display of an image that includes permit information
on a wireless communication device under Subsection (b) does not
constitute effective consent for a law enforcement officer, or any
other person, to access the contents of the wireless communication
device except to view the permit information.
(d) The authorization of the use of a wireless communication
device to display permit information under Subsection (b) does not
prevent a court of competent jurisdiction from requiring a person
to provide a paper copy of the person's evidence of permit in a
hearing or trial or in connection with discovery proceedings.
(e) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to the operator of
the motor vehicle for the failure of a wireless communication
device to display permit information under Subsection (b).
SECTION 52. Subchapter A, Chapter 621, Transportation Code,
is amended by adding Section 621.009 to read as follows:
Sec. 621.009. SIZE AND WEIGHT LIMITATIONS. The size and
weight limitations provided by this chapter apply unless otherwise
provided by this subtitle.
SECTION 53. Section 621.101(a), Transportation Code, is
amended to read as follows:
(a) A vehicle or combination of vehicles may not be operated
over or on a public highway or at a port-of-entry between Texas and
the United Mexican States if the vehicle or combination has:
(1) a single axle weight heavier than 20,000 pounds,
including all enforcement tolerances;
(2) a tandem axle weight heavier than 34,000 pounds,
including all enforcement tolerances;
(3) an overall gross weight on a group of two or more
consecutive axles heavier than the weight computed using the
following formula and rounding the result to the nearest 500
pounds:
W = 500((LN/(N - 1)) + 12N + 36)
where:
"W" is maximum overall gross weight on the group;
"L" is distance in feet between the axles of the group that
are the farthest apart; and
"N" is number of axles in the group; or
(4) tires that carry a weight heavier than the weight
specified and marked on the sidewall of the tire, unless expressly
authorized [the vehicle is being operated] under the terms of a
special permit.
SECTION 54. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A vehicle operating under a permit issued under Section
623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181,
623.192, [or] 623.212, or 623.321, as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013, may
operate under the conditions authorized by the permit over a road
for which the executive director of the Texas Department of
Transportation has set a maximum weight under this section.
SECTION 55. Section 621.301(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181,
623.192, [or] 623.212, or 623.321, as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013, may
operate under the conditions authorized by the permit over a road
for which the commissioners court has set a maximum weight under
this section.
SECTION 56. Section 621.502(d), Transportation Code, is
amended to read as follows:
(d) Intent to operate a vehicle at a weight that is heavier
than the weight authorized by a permit issued under Section 623.011
or 623.020 is presumed if:
(1) the vehicle is operated at a weight that is heavier
than the applicable weight plus the tolerance allowance provided by
Section 623.011(a) or 623.020(a); and
(2) a permit to operate at that weight has not been
issued for the vehicle.
SECTION 57. The heading to Section 621.503, Transportation
Code, is amended to read as follows:
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR
WEIGHT LIMITATION.
SECTION 58. Sections 621.503(a) and (b), Transportation
Code, are amended to read as follows:
(a) A person may not load, or cause to be loaded, a vehicle
for operation on a public highway of this state that exceeds the
height, width, length, or weight limitations for operation of that
vehicle provided by this subtitle [Section 621.101].
(b) Intent to violate a weight limitation is presumed if the
weight of the loaded vehicle is heavier than the applicable axle or
gross weight limit by 15 percent or more.
SECTION 59. Subchapter G, Chapter 621, Transportation Code,
is amended by adding Section 621.511 to read as follows:
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person
commits an offense if:
(1) the person operates or moves on a public highway a
vehicle that is issued a permit under this subtitle; and
(2) the person operating or moving the vehicle is not
the person named on the permit for the vehicle.
(b) An offense under this section is a Class C misdemeanor.
SECTION 60. Section 622.041, Transportation Code, is
amended to read as follows:
Sec. 622.041. LENGTH LIMITATION. [(a)] A person may
operate over a highway or road of this state any [a] vehicle or
combination of vehicles that is used exclusively for transporting
poles, piling, or unrefined timber from the point of origin of the
timber (the forest where the timber is felled) to a wood processing
mill if:
(1) the vehicle, or combination of vehicles, is not
longer than 90 feet, including the load; and
(2) the distance from the point of origin to the
destination or delivery point does not exceed 125 miles.
[(b) Subsection (a)(1) does not apply to a truck-tractor or
truck-tractor combination transporting poles, piling, or unrefined
timber.]
SECTION 61. Section 622.051, Transportation Code, is
amended to read as follows:
Sec. 622.051. LENGTH LIMITATION; FEE. [(a)] A person may
operate over a highway or road of this state any [a] vehicle or
combination of vehicles that is used exclusively for transporting
poles required for the maintenance of electric power transmission
and distribution lines if:
(1) the vehicle, or combination of vehicles, is not
longer than 75 feet, including the load; and
(2) the operator of the vehicle, or combination of
vehicles, pays to the department $120 each calendar year.
[(b) Subsection (a)(1) does not apply to a truck-tractor or
truck-tractor combination transporting poles for the maintenance
of electric power transmission or distribution lines.]
SECTION 62. Section 622.061, Transportation Code, is
amended to read as follows:
Sec. 622.061. LENGTH LIMITATION. [(a)] A person may
operate over a highway or road of this state any [a] vehicle or
combination of vehicles exclusively for the transportation of poles
or pipe if the vehicle or combination of vehicles is not longer than
65 feet, including the load.
[(b) Subsection (a) does not apply to a truck-tractor or
truck-tractor combination transporting poles or pipe.]
SECTION 63. 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, or equipment used in the harvesting and
production of timber, other than a tractor, [or] implement, or
equipment being transported from one dealer to another, is being
moved by the owner of the tractor, [or] implement, or equipment or
by an agent or employee of the owner:
(i) to deliver the tractor, [or] implement,
or equipment to a new owner;
(ii) to transport the tractor, [or]
implement, or equipment to or from a mechanic for maintenance or
repair; or
(iii) in the course of an agricultural
forestry 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; or
(6) a recreational vehicle to which Section 622.903
applies.
SECTION 64. Section 623.0113, Transportation Code, is
amended to read as follows:
Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
by Subsection (b), a permit issued under Section 623.011 or 623.020
does not authorize the operation of a vehicle on:
(1) the national system of interstate and defense
highways in this state if the weight of the vehicle is greater than
authorized by federal law; or
(2) a bridge for which a maximum weight and load limit
has been established and posted by the Texas Transportation
Commission under Section 621.102 or the commissioners court of a
county under Section 621.301, if the gross weight of the vehicle and
load or the axles and wheel loads are greater than the limits
established and posted under those sections.
(b) The restrictions under Subsection (a)(2) do not apply if
a bridge described by Subsection (a)(2) provides the only public
vehicular access from an origin or to a destination by a holder of a
permit issued under Section 623.011 or 623.020.
SECTION 65. Sections 623.0171(b), (e), and (l),
Transportation Code, are amended to read as follows:
(b) The department may issue a permit that authorizes the
operation of a ready-mixed concrete truck [with three axles].
(e) When the department issues a permit under this section,
the department shall issue a sticker to be placed on the front
windshield of the vehicle [above the inspection certificate issued
to the vehicle]. The department shall design the form of the
sticker to aid in the enforcement of weight limits for vehicles.
(l) Of the fee collected under this section for a permit:
(1) 45 [50] percent of the amount collected shall be
deposited to the credit of the state highway fund;
(2) five percent of the amount collected shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund; and
(3) [(2)] the other 50 percent shall be divided among
and distributed to the counties designated in permit applications
under Subsection (k) according to department rule.
SECTION 66. Section 623.018(d), Transportation Code, is
amended to read as follows:
(d) If a vehicle has a permit issued under Section 623.011
or 623.020, a commissioners court may not:
(1) issue a permit under this section or charge an
additional fee for or otherwise regulate or restrict the operation
of the vehicle because of weight; or
(2) require the owner or operator to execute or comply
with a road use agreement or indemnity agreement, to make a filing
or application, or to provide a bond or letter of credit other than
the bond or letter of credit prescribed by Section 623.012.
SECTION 67. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.020 to read as follows:
Sec. 623.020. 24-HOUR PERMIT FOR EXCESS AXLE OR GROSS
WEIGHT. (a) The department may issue a permit that authorizes the
operation of a commercial motor vehicle, trailer, semitrailer, or
combination of those vehicles, or a truck-tractor or combination of
a truck-tractor and one or more other vehicles:
(1) at an axle weight that is not heavier than the
weight equal to the maximum allowable axle weight for the vehicle or
combination plus a tolerance allowance of 10 percent of that
allowable weight; and
(2) at a gross weight that is not heavier than the
weight equal to the maximum allowable gross weight for the vehicle
or combination plus a tolerance allowance of five percent.
(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, and the motor carrier
must be registered under Chapter 643;
(2) an application must be made in a manner determined
by the department by rule; and
(3) a nonrefundable permit fee of $50 must be paid.
(c) A permit issued under this section:
(1) is valid for 24 hours;
(2) must be carried in the vehicle for which it is
issued; and
(3) may not be amended, corrected, or transferred.
(d) A vehicle operating under a permit issued under this
section may exceed the maximum allowable gross weight tolerance
allowance by not more than five percent, regardless of the weight of
any one axle or tandem axle, if no axle or tandem axle exceeds the
tolerance permitted by Subsection (a).
(e) When a person applies for a permit under this section,
the person must designate no more than five counties in which the
vehicle will be operated. A permit issued under this section does
not authorize the operation of the vehicle in a county that is not
designated in the application.
(f) Unless otherwise provided by state or federal law, a
county may not require a permit, fee, or license for the operation
of a vehicle holding a permit under this section.
(g) Of the fee collected under this section for a permit:
(1) 45 percent of the amount collected shall be
deposited to the credit of the state highway fund;
(2) five percent of the amount collected shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund; and
(3) the other 50 percent shall be divided among and
distributed to the counties designated in permit applications under
Subsection (e) according to department rule.
(h) At least once each fiscal year, the comptroller shall
send the amount due each county under Subsection (g) to the county
treasurer or officer performing the function of that office for
deposit to the credit of the county road and bridge fund.
SECTION 68. Section 623.144, Transportation Code, is
amended to read as follows:
Sec. 623.144. REGISTRATION OF VEHICLE. [(a)] A person may
not operate a vehicle permitted under this subchapter on a public
highway unless the vehicle is registered under Chapter 502 for the
maximum gross weight applicable to the vehicle under Section
621.101 or has distinguishing [specialty] license plates as
provided by Section 502.146 if applicable to the vehicle.
[(b) The department may not issue specialty license plates
to a vehicle described by Section 502.146(b)(3) unless the
applicant complies with the requirements of that subsection.]
SECTION 69. Sections 623.271(a) and (e), Transportation
Code, are amended to read as follows:
(a) The department may investigate and, except as provided
by Subsection (f), may impose an administrative penalty, [or]
revoke an oversize or overweight permit issued under this chapter,
or revoke a motor carrier's registration, as provided by Section
643.252, if the person or the holder of the permit, as applicable:
(1) provides false information on the permit
application or another form required by the department for the
issuance of an oversize or overweight permit;
(2) violates this chapter, Chapter 621, or Chapter
622;
(3) violates a rule or order adopted under this
chapter, Chapter 621, or Chapter 622; or
(4) fails to obtain an oversize or overweight permit
if a permit is required.
(e) A person who has been ordered to pay an administrative
penalty under this section and the vehicle that is the subject of
the enforcement order may not be issued a permit under this chapter
or a registration, registration renewal, or reregistration of a
motor carrier's registration under Chapter 643 until the amount of
the penalty has been paid to the department.
SECTION 70. The heading to Section 623.272, Transportation
Code, is amended to read as follows:
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
SECTION 71. Section 623.272(a), Transportation Code, is
amended to read as follows:
(a) The department may investigate and impose an
administrative penalty on a shipper who:
(1) does not provide a shipper's certificate of weight
required under Section 623.274(b) or (c); or
(2) provides false information on a shipper's
certificate of weight that the shipper delivers to a person
transporting a shipment.
SECTION 72. Section 623.274, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) On the written request of the person transporting the
shipment, a [For a shipper's certificate of weight to be valid, the]
shipper must:
(1) certify that the information contained on the
certificate of weight [form] is accurate; and
(2) deliver the certificate of weight to the person
transporting the shipment [motor carrier or other person
transporting the shipment before the motor carrier or other person
applies for an overweight permit under this chapter].
(c) A person transporting a shipment must provide the
department with a copy of the certificate of weight before the
issuance of an overweight permit under this chapter if the combined
weight of the vehicle or vehicles and load is more than 200,000
pounds.
SECTION 73. Sections 643.054(a-2) and (a-3),
Transportation Code, are amended to read as follows:
(a-2) The department may deny a registration if the
applicant [applicant's business] is owned, operated, managed, or
otherwise controlled by or affiliated with a person, including [the
applicant,] a [relative,] family member, corporate officer,
entity, or shareholder, that [whom] the Department of Public Safety
has determined has:
(1) an unsatisfactory safety rating under 49 C.F.R.
Part 385; or
(2) multiple violations of Chapter 644, a rule adopted
under that chapter, or Subtitle C.
(a-3) The department may deny a registration if the
applicant is owned, [a motor carrier whose business is] operated,
managed, or otherwise controlled by or affiliated with a person,
including a [an owner, relative,] family member, corporate officer,
entity, or shareholder, that [whom the Department of Public Safety
has determined has]:
(1) owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance [an unsatisfactory safety rating under 49 C.F.R. Part
385]; or
(2) has unpaid administrative penalties assessed
under this chapter or Subtitle E [multiple violations of Chapter
644, a rule adopted under that chapter, or Subtitle C].
SECTION 74. Section 643.056, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) The department may deny a supplement to a motor
carrier's application for registration if the motor carrier is
owned, operated, managed, or otherwise controlled by or affiliated
with a person, including a family member, corporate officer,
entity, or shareholder, that has unpaid administrative penalties
assessed under this chapter or Subtitle E.
SECTION 75. Section 643.058, Transportation Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) A motor carrier may not renew a registration that has
been expired for more than 180 days. The motor carrier may obtain a
new registration by complying with the requirements and procedures
for obtaining an original registration under this chapter.
(e) The department may deny a motor carrier's application to
renew a registration if the motor carrier is owned, operated,
managed, or otherwise controlled by or affiliated with a person,
including a family member, corporate officer, entity, or
shareholder, that:
(1) the Department of Public Safety has determined
has:
(A) an unsatisfactory safety rating under 49
C.F.R. Part 385; or
(B) multiple violations of Chapter 644, a rule
adopted under that chapter, or Subtitle C;
(2) owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance; or
(3) has unpaid administrative penalties assessed
under this chapter or Subtitle E.
SECTION 76. Subchapter B, Chapter 643, Transportation Code,
is amended by adding Section 643.0585 to read as follows:
Sec. 643.0585. REREGISTRATION. (a) If a motor carrier's
registration has been suspended or revoked, the motor carrier may
apply to the department for reregistration not later than the 180th
day after the date the registration was suspended or revoked.
(b) An application for reregistration must be submitted on a
form prescribed by the department and accompanied by:
(1) a $10 fee for each vehicle requiring
reregistration;
(2) evidence of insurance or financial responsibility
as required by Section 643.103(a); and
(3) any insurance filing fee required under Section
643.103(c).
(c) The department may deny a motor carrier's application
for reregistration if the motor carrier is owned, operated,
managed, or otherwise controlled by or affiliated with a person,
including a family member, corporate officer, entity, or
shareholder, that:
(1) the Department of Public Safety has determined
has:
(A) an unsatisfactory safety rating under 49
C.F.R. Part 385; or
(B) multiple violations of Chapter 644, a rule
adopted under that chapter, or Subtitle C;
(2) owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance; or
(3) has unpaid administrative penalties assessed
under this chapter or Subtitle E.
SECTION 77. Section 643.059(c), Transportation Code, is
amended to read as follows:
(c) A motor carrier required to register under this
subchapter must keep a legible electronic or hard copy of the cab
card in the cab of each vehicle requiring registration the carrier
operates.
SECTION 78. Section 643.101(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by this subsection and Section
643.1015, the department by rule may set the amount of liability
insurance required at an amount that does not exceed the amount
required for a motor carrier under a federal regulation adopted
under 49 U.S.C. Section 13906(a)(1). The department may determine
the amount if no amount is required under federal law or regulation.
In setting the amount the department shall consider:
(1) the class and size of the vehicle; and
(2) the persons or cargo being transported.
SECTION 79. Section 643.103(b), Transportation Code, is
amended to read as follows:
(b) A motor carrier shall keep evidence of insurance in a
form, including an electronic form, approved by the department in
the cab of each vehicle requiring registration the carrier
operates.
SECTION 80. Section 643.153(d), Transportation Code, is
amended to read as follows:
(d) A motor carrier that is required to register under
Subchapter B and that transports household goods shall file a
tariff with the department that establishes maximum charges for all
transportation services [between two or more municipalities]. A
motor carrier may comply with this requirement by filing, in a
manner determined by the department, a copy of the carrier's tariff
governing interstate transportation services [on a highway between
two or more municipalities]. The department shall make tariffs
filed under this subsection available for public inspection [at the
department].
SECTION 81. Section 643.252(a), Transportation Code, is
amended to read as follows:
(a) The department may suspend, revoke, or deny a
registration issued under this chapter or place on probation a
motor carrier whose registration is suspended if a motor carrier:
(1) fails to maintain insurance or evidence of
financial responsibility as required by Section 643.101(a), (b), or
(c)[, or (d)];
(2) fails to keep evidence of insurance in the cab of
each vehicle as required by Section 643.103(b);
(3) fails to register a vehicle requiring
registration;
(4) violates any other provision of this chapter or
Chapter 621, 622, or 623;
(5) knowingly provides false information on any form
filed with the department under this chapter or Chapter 621, 622, or
623; [or]
(6) violates a rule or order adopted under this
chapter or Chapter 621, 622, or 623; or
(7) is owned, operated, managed, or otherwise
controlled by or affiliated with a person, including a family
member, corporate officer, entity, or shareholder:
(A) whose registration has previously been
revoked or denied; or
(B) that has unpaid administrative penalties
assessed under this chapter or Subtitle E.
SECTION 82. Sections 643.2525(k) and (l), Transportation
Code, are amended to read as follows:
(k) If the motor carrier is required to pay a penalty or cost
under Subsection (f), failure to pay the penalty or cost before the
61st day after the date the requirement becomes final is a violation
of this chapter and may result in an additional penalty, revocation
or suspension of a motor carrier registration, or denial [of
renewal] of a motor carrier registration renewal or reregistration.
(l) A motor carrier that is required to pay a penalty, cost,
fee, or expense under this section or Section 643.251 is not
eligible for a registration, reregistration, [reinstatement] or
registration renewal [of a registration] under this chapter until
all required amounts have been paid to the department.
SECTION 83. The heading to Section 643.2526, Transportation
Code, is amended to read as follows:
Sec. 643.2526. APPEAL OF DENIAL OF REGISTRATION, RENEWAL,
OR REREGISTRATION [REINSTATEMENT].
SECTION 84. Section 643.2526(a), Transportation Code, is
amended to read as follows:
(a) Notwithstanding any other law, a denial of an
application for registration, renewal of registration, or
reregistration [reinstatement of registration] under this chapter
is not required to be preceded by notice and an opportunity for
hearing.
SECTION 85. Section 643.253(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person fails to:
(1) register as required by Subchapter B;
(2) maintain insurance or evidence of financial
responsibility as required by Subchapter C; or
(3) keep a cab card in the cab of a vehicle as required
by Section 643.059 or comply with an alternative method to the cab
card established by the department under Section 643.059(e).
SECTION 86. The heading to Chapter 645, Transportation
Code, is amended to read as follows:
CHAPTER 645. UNIFIED CARRIER [SINGLE STATE] REGISTRATION
SECTION 87. Section 645.001, Transportation Code, is
amended to read as follows:
Sec. 645.001. FEDERAL UNIFIED [MOTOR] CARRIER
REGISTRATION; DEFINITION. (a) In this chapter, "unified carrier
registration plan and agreement" means the federal unified carrier
registration plan and agreement provided by 49 U.S.C. Section
14504a.
(b) The Texas Department of Motor Vehicles may, to the
fullest extent practicable, participate in [a federal motor carrier
registration program under] the unified carrier registration plan
and agreement [system as defined by Section 643.001 or a single
state registration system established under federal law].
SECTION 88. Section 645.002(b), Transportation Code, is
amended to read as follows:
(b) The department may adopt rules regarding the method of
payment of a fee required under the unified carrier registration
plan and agreement [this chapter]. The rules may:
(1) authorize the use of an escrow account described
by Subsection (c), an electronic funds transfer, or a valid credit
card issued by a financial institution chartered by a state or the
United States or by 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.
SECTION 89. Section 645.003, Transportation Code, is
amended to read as follows:
Sec. 645.003. ENFORCEMENT RULES. (a) The department may
[shall] adopt rules [that are consistent with federal law]
providing for administrative penalties [and sanctions] for a
failure to register or submit information and documents under [as
required by] the unified carrier registration plan and agreement
[system or single state registration system] or for a violation of
the unified carrier registration plan and agreement [this chapter
or a rule adopted under this chapter in the same manner as
Subchapter F, Chapter 643].
(b) The notice, hearing, and other procedural requirements
of Section 643.2525 apply to the imposition of an administrative
penalty under this section as if the action were being taken under
that section.
(c) The amount of an administrative penalty imposed under
this section is calculated in the same manner as the amount of an
administrative penalty imposed under Section 643.251.
SECTION 90. Sections 645.004(a) and (c), Transportation
Code, are amended to read as follows:
(a) A person commits an offense if the person fails to:
(1) [violates a rule adopted under this chapter; or
[(2) fails to] register as required by the unified
carrier registration plan and agreement; or
(2) submit information and documents as required by
the unified carrier registration plan and agreement [a vehicle
required to be registered under this chapter].
(c) Each day a violation [of a rule] occurs is a separate
offense under this section.
SECTION 91. Section 646.001(2), Transportation Code, is
amended to read as follows:
(2) "Motor transportation broker" means a person who:
(A) sells, offers for sale, provides, or
negotiates for the transportation of cargo by a motor carrier
registered under Chapter 643 that is operated by another person; or
(B) aids or abets a person in performing an act
described by Paragraph (A).
SECTION 92. Section 646.002, Transportation Code, is
amended to read as follows:
Sec. 646.002. EXCEPTION. This chapter does not apply to a
motor transportation broker who:
(1) is registered as a motor carrier under Chapter
643; or
(2) is registered as a motor carrier or broker under
Chapter 139, [holds a permit issued under] Subtitle IV, Title 49,
United States Code.
SECTION 93. Section 646.003(b), Transportation Code, is
amended to read as follows:
(b) The bond must be in an amount of at least $75,000
[$10,000] and must be:
(1) executed by a bonding company authorized to do
business in this state;
(2) payable to this state or a person to whom the motor
transportation broker provides services; and
(3) conditioned on the performance of the contract for
transportation services between the broker and the person for whom
services are provided.
SECTION 94. 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 annually [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 of the department
as a civil rights officer of the department and receive regular
reports from the officer or officers 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 95. The following laws are repealed:
(1) Sections 2301.005(d) and (e), Occupations Code;
and
(2) Sections 502.1585, 503.001(2), 504.202(i),
621.203(c) and (d), 643.001(7-a), 643.064(a), and 645.002(a),
Transportation Code.
SECTION 96. (a) The changes in law made by this Act apply
only to an offense or violation committed on or after the effective
date of this Act. An offense or violation committed before the
effective date of this Act is governed by the law in effect on the
date the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense or violation was committed before the effective date of
this Act if any element of the offense or violation occurred before
that date.
(b) The changes in law made by this Act relating to a
complaint or protest filed or a hearing held under Chapter 2301,
Occupations Code, or Chapter 501, Transportation Code, apply only
to a complaint or protest filed or hearing held under those chapters
on or after the effective date of this Act. A complaint or protest
filed or hearing held before that date is governed by the law as it
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
(c) The changes in law made by this Act relating to an
application filed under Chapter 2301, Occupations Code, or Chapters
501, 502, 503, 623, and 643, Transportation Code, apply only to an
application filed under those chapters on or after the effective
date of this Act. An application filed before that date is governed
by the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
SECTION 97. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 98. This Act takes effect September 1, 2015.