Texas 2015 - 84th Regular

Texas Senate Bill SB1043 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Nichols S.B. No. 1043
2	2	(In the Senate - Filed March 6, 2015; March 11, 2015, read
3	3	first time and referred to Committee on Transportation;
4	4	April 8, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; April 8, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1043 By: Nichols
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the regulation of motor vehicles by the Texas
14	14	Department of Motor Vehicles and the Department of Public Safety;
15	15	creating a criminal offense; providing a penalty; authorizing fees.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Section 103.0213, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
20	20	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
21	21	party to a civil suit, as applicable, shall pay the following fees
22	22	and costs under the Transportation Code if ordered by the court or
23	23	otherwise required:
24	24	(1) administrative fee on dismissal of charge of
25	25	driving with an expired motor vehicle registration (Sec. 502.407,
26	26	Transportation Code) . . . not to exceed $20;
27	27	(2) administrative fee on dismissal of charge of
28	28	driving with an expired driver's license (Sec. 521.026,
29	29	Transportation Code) . . . not to exceed $20;
30	30	(3) administrative fee on remediation of charge of
31	31	driving a vehicle without complying with inspection requirements as
32	32	certified (Sec. 548.605, Transportation Code) . . . not to exceed
33	33	$20;
34	34	(4) administrative fee for failure to appear for a
35	35	complaint or citation on certain offenses (Sec. 706.006,
36	36	Transportation Code) . . . $30 for each violation; and
37	37	(5) [(4)] administrative fee for failure to pay or
38	38	satisfy certain judgments (Sec. 706.006, Transportation Code)
39	39	. . . $30.
40	40	SECTION 2. Section 552.144, Government Code, is amended to
41	41	read as follows:
42	42	Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC
43	43	COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF
44	44	ADMINISTRATIVE HEARINGS AND HEARINGS EXAMINERS AT TEXAS DEPARTMENT
45	45	OF MOTOR VEHICLES. The following working papers and electronic
46	46	communications of an administrative law judge at the State Office
47	47	of Administrative Hearings or a hearings examiner at the Texas
48	48	Department of Motor Vehicles are excepted from the requirements of
49	49	Section 552.021:
50	50	(1) notes and electronic communications recording the
51	51	observations, thoughts, questions, deliberations, or impressions
52	52	of an administrative law judge;
53	53	(2) drafts of a proposal for decision;
54	54	(3) drafts of orders made in connection with
55	55	conducting contested case hearings; and
56	56	(4) drafts of orders made in connection with
57	57	conducting alternative dispute resolution procedures.
58	58	SECTION 3. Section 2301.258, Occupations Code, is amended
59	59	to read as follows:
60	60	Sec. 2301.258. GENERAL REQUIREMENTS FOR APPLICATION FOR
61	61	MANUFACTURER'S, DISTRIBUTOR'S, CONVERTER'S, OR REPRESENTATIVE'S
62	62	LICENSE. An application for a manufacturer's, distributor's,
63	63	converter's, or representative's license must be on a form
64	64	prescribed by the department. The application must include
65	65	information the department determines necessary to fully determine
66	66	the qualifications of an applicant[, including financial
67	67	resources, business integrity and experience, facilities and
68	68	personnel for serving franchised dealers,] and [other information
69	69	the department determines] pertinent to safeguard the public
70	70	interest and welfare.
71	71	SECTION 4. Section 2301.453(c), Occupations Code, is
72	72	amended to read as follows:
73	73	(c) Except as provided by Subsection (d), the manufacturer,
74	74	distributor, or representative must provide written notice by
75	75	registered or certified mail to the dealer and the board stating the
76	76	specific grounds for the termination or discontinuance. The notice
77	77	must:
78	78	(1) be received not later than the 60th day before the
79	79	effective date of the termination or discontinuance; and
80	80	(2) contain on its first page a conspicuous statement
81	81	that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
82	82	PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
83	83	IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
84	84	PROPOSED TERMINATION OR DISCONTINUANCE OF YOUR FRANCHISE UNDER THE
85	85	TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
86	86	ACTION."
87	87	SECTION 5. Section 2301.454(b), Occupations Code, is
88	88	amended to read as follows:
89	89	(b) The notice required by Subsection (a)(1) must:
90	90	(1) be given not later than the 60th day before the
91	91	date of the modification or replacement; and
92	92	(2) contain on its first page a conspicuous statement
93	93	that reads: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
94	94	PROTEST WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES [VEHICLE BOARD]
95	95	IN AUSTIN, TEXAS, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE
96	96	PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE UNDER THE
97	97	TERMS OF CHAPTER 2301, OCCUPATIONS CODE, IF YOU OPPOSE THIS
98	98	ACTION."
99	99	SECTION 6. Section 2301.606(c), Occupations Code, as
100	100	amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
101	101	the 83rd Legislature, Regular Session, 2013, is reenacted and
102	102	amended to read as follows:
103	103	(c) An order issued under this subchapter may not require
104	104	[The board or a person delegated power from the board under Section
105	105	2301.154 may not issue an order requiring] a manufacturer,
106	106	converter, or distributor to make a refund or to replace a motor
107	107	vehicle unless:
108	108	(1) the owner or a person on behalf of the owner has
109	109	mailed written notice of the alleged defect or nonconformity to the
110	110	manufacturer, converter, or distributor; and
111	111	(2) the manufacturer, converter, or distributor has
112	112	been given an opportunity to cure the alleged defect or
113	113	nonconformity.
114	114	SECTION 7. Section 2301.607(c), Occupations Code, as
115	115	amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
116	116	the 83rd Legislature, Regular Session, 2013, is reenacted and
117	117	amended to read as follows:
118	118	(c) If a final order is not issued [proposal for decision
119	119	and recommendation for a final order are not issued] before the
120	120	151st day after the date a complaint is filed under this subchapter,
121	121	the department shall provide written notice by certified mail to
122	122	the complainant and to the manufacturer, converter, or distributor
123	123	of the expiration of the 150-day period and of the complainant's
124	124	right to file a civil action. The department [board or a person
125	125	delegated power from the board under Section 2301.154] shall extend
126	126	the 150-day period if a delay is requested or caused by the person
127	127	who filed the complaint.
128	128	SECTION 8. Section 2301.608, Occupations Code, as amended
129	129	by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd
130	130	Legislature, Regular Session, 2013, is reenacted and amended to
131	131	read as follows:
132	132	Sec. 2301.608. ASSESSMENT OF COSTS FOR REPLACEMENT OR
133	133	REFUND. (a) An order issued under this subchapter must [In an
134	134	order issued under this subchapter, the board or a person delegated
135	135	power from the board under Section 2301.154 shall] name the person
136	136	responsible for paying the cost of any refund or replacement. A
137	137	manufacturer, converter, or distributor may not cause a franchised
138	138	dealer to directly or indirectly pay any money not specifically
139	139	required [ordered] by the order [board or a person delegated power
140	140	from the board under Section 2301.154].
141	141	(b) If the final order requires [board or a person delegated
142	142	power from the board under Section 2301.154 orders] a manufacturer,
143	143	converter, or distributor to make a refund or replace a motor
144	144	vehicle under this subchapter, the final order [board or person]
145	145	may require [order] the franchised dealer to reimburse the owner,
146	146	lienholder, manufacturer, converter, or distributor only for an
147	147	item or option added to the vehicle by the dealer to the extent that
148	148	the item or option contributed to the defect that served as the
149	149	basis for the order.
150	150	(c) In a case involving a leased vehicle, the final order
151	151	[board or a person delegated power from the board under Section
152	152	2301.154] may terminate the lease and apportion allowances or
153	153	refunds, including the reasonable allowance for use, between the
154	154	lessee and lessor of the vehicle.
155	155	SECTION 9. Section 2301.610(d), Occupations Code, as
156	156	amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
157	157	the 83rd Legislature, Regular Session, 2013, is reenacted and
158	158	amended to read as follows:
159	159	(d) The department shall maintain a toll-free telephone
160	160	number to provide information to a person who requests information
161	161	about a condition or defect that was the basis for repurchase or
162	162	replacement by an order issued under this subchapter [chapter].
163	163	The department shall maintain an effective method of providing
164	164	information to a person who makes a request.
165	165	SECTION 10. Section 2301.612, Occupations Code, is amended
166	166	to read as follows:
167	167	Sec. 2301.612. OPEN RECORDS EXCEPTION. Information filed
168	168	with the department [board] under this subchapter is not a public
169	169	record and is not subject to release under Chapter 552, Government
170	170	Code, until the complaint is [finally] resolved by a final order of
171	171	the department [board].
172	172	SECTION 11. Section 2301.651(a), Occupations Code, is
173	173	amended to read as follows:
174	174	(a) The board may deny an application for a license, revoke
175	175	or suspend a license, place on probation a person whose license has
176	176	been suspended, or reprimand a license holder if the applicant or
177	177	license holder:
178	178	(1) is unfit under standards described in this chapter
179	179	or board rules;
180	180	(2) wilfully omits material information from or makes
181	181	a material misrepresentation in any application or other
182	182	information filed under this chapter or board rules;
183	183	(3) violates this chapter or a board rule or order;
184	184	(4) violates any law relating to the sale,
185	185	distribution, financing, or insuring of motor vehicles;
186	186	(5) fails to maintain the qualifications for a
187	187	license;
188	188	(6) wilfully defrauds a purchaser;
189	189	(7) fails to fulfill a written agreement with a retail
190	190	purchaser of a motor vehicle; or
191	191	(8) violates the requirements of Section 503.0631,
192	192	Transportation Code.
193	193	SECTION 12. Section 2301.711, Occupations Code, is amended
194	194	to read as follows:
195	195	Sec. 2301.711. ORDERS AND DECISIONS. (a) Except as
196	196	otherwise provided by this chapter, the [The] board or a [other]
197	197	person delegated final order authority under Section 2301.154 shall
198	198	issue final orders for the implementation and enforcement of this
199	199	chapter and Chapter 503, Transportation Code.
200	200	(b) An order or decision under this chapter must:
201	201	(1) include a separate finding of fact with respect to
202	202	each specific issue required by law to be considered in reaching a
203	203	decision;
204	204	(2) set forth additional findings of fact and
205	205	conclusions of law on which the order or decision is based;
206	206	(3) give the reasons for the particular actions taken;
207	207	and
208	208	(4) be signed by the presiding officer or assistant
209	209	presiding officer for the board, a [or other] person delegated
210	210	final order authority under Section 2301.154, or a hearings
211	211	examiner in a contested case hearing under Section 2301.204 or
212	212	Subchapter M.
213	213	SECTION 13. Section 2301.712(b), Occupations Code, is
214	214	amended to read as follows:
215	215	(b) If a person who brings a complaint under Subchapter M
216	216	prevails in the case, the [board or a person delegated power from
217	217	the board under Section 2301.154 shall order the] nonprevailing
218	218	party in the case shall [to] reimburse the amount of the filing fee
219	219	for the case.
220	220	SECTION 14. Section 2301.713, Occupations Code, as amended
221	221	by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of the 83rd
222	222	Legislature, Regular Session, 2013, is reenacted and amended to
223	223	read as follows:
224	224	Sec. 2301.713. REHEARING. (a) Except as otherwise
225	225	provided by this section [Subsection (b)], a party who seeks a
226	226	rehearing of an order shall seek the rehearing in accordance with
227	227	Chapter 2001, Government Code.
228	228	(b) The board by rule may establish procedures [a procedure]
229	229	to allow a party [parties] to a contested case [cases in which the
230	230	final order is issued by a person to whom final order authority is
231	231	delegated under Section 2301.154] to file a motion [motions] for
232	232	rehearing [with the board].
233	233	(c) A motion for rehearing in a contested case under Section
234	234	2301.204 or Subchapter M must be filed with and decided by the chief
235	235	hearings examiner.
236	236	SECTION 15. Section 171.1011(g-7), Tax Code, is amended to
237	237	read as follows:
238	238	(g-7) A taxable entity that is a qualified courier and
239	239	logistics company shall exclude from its total revenue, to the
240	240	extent included under Subsection (c)(1)(A), (c)(2)(A), or (c)(3),
241	241	subcontracting payments made by the taxable entity to nonemployee
242	242	agents for the performance of delivery services on behalf of the
243	243	taxable entity. For purposes of this subsection, "qualified
244	244	courier and logistics company" means a taxable entity that:
245	245	(1) receives at least 80 percent of the taxable
246	246	entity's annual total revenue from its entire business from a
247	247	combination of at least two of the following courier and logistics
248	248	services:
249	249	(A) expedited same-day delivery of an envelope,
250	250	package, parcel, roll of architectural drawings, box, or pallet;
251	251	(B) temporary storage and delivery of the
252	252	property of another entity, including an envelope, package, parcel,
253	253	roll of architectural drawings, box, or pallet; and
254	254	(C) brokerage of same-day or expedited courier
255	255	and logistics services to be completed by a person or entity under a
256	256	contract that includes a contractual obligation by the taxable
257	257	entity to make payments to the person or entity for those services;
258	258	(2) during the period on which margin is based, is
259	259	registered as a motor carrier under Chapter 643, Transportation
260	260	Code, and if the taxable entity operates on an interstate basis, is
261	261	registered as a motor carrier or broker under the motor vehicle
262	262	registration system established under 49 U.S.C. Section 14504a or a
263	263	similar federal registration program that replaces that system
264	264	[unified carrier registration system, as defined by Section
265	265	643.001, Transportation Code,] during that period;
266	266	(3) maintains an automobile liability insurance
267	267	policy covering individuals operating vehicles owned, hired, or
268	268	otherwise used in the taxable entity's business, with a combined
269	269	single limit for each occurrence of at least $1 million;
270	270	(4) maintains at least $25,000 of cargo insurance;
271	271	(5) maintains a permanent nonresidential office from
272	272	which the courier and logistics services are provided or arranged;
273	273	(6) has at least five full-time employees during the
274	274	period on which margin is based;
275	275	(7) is not doing business as a livery service, floral
276	276	delivery service, motor coach service, taxicab service, building
277	277	supply delivery service, water supply service, fuel or energy
278	278	supply service, restaurant supply service, commercial moving and
279	279	storage company, or overnight delivery service; and
280	280	(8) is not delivering items that the taxable entity or
281	281	an affiliated entity sold.
282	282	SECTION 16. Section 256.101(3), Transportation Code, is
283	283	amended to read as follows:
284	284	(3) "Weight tolerance permit" means a permit issued
285	285	under Section 623.011 [Chapter 623] authorizing a vehicle to exceed
286	286	maximum legal weight limitations.
287	287	SECTION 17. Section 501.002(30), Transportation Code, is
288	288	amended to read as follows:
289	289	(30) "Travel trailer" means a house trailer-type
290	290	vehicle or a camper trailer:
291	291	(A) that is a recreational vehicle defined under
292	292	24 C.F.R. Section 3282.8(g); or
293	293	(B) that:
294	294	(i) is less than eight feet in width or 45
295	295	[40] feet in length, exclusive of any hitch installed on the
296	296	vehicle;
297	297	(ii) is designed primarily for use as
298	298	temporary living quarters in connection with recreational,
299	299	camping, travel, or seasonal use;
300	300	(iii) is not used as a permanent dwelling;
301	301	and
302	302	(iv) is not a utility trailer, enclosed
303	303	trailer, or other trailer that does not have human habitation as its
304	304	primary function.
305	305	SECTION 18. Section 501.004(b), Transportation Code, is
306	306	amended to read as follows:
307	307	(b) This chapter does not apply to:
308	308	(1) a farm trailer or farm semitrailer with a gross
309	309	vehicle weight of 34,000 pounds or less used only for the
310	310	transportation of farm products if the products are not transported
311	311	for hire;
312	312	(2) the filing or recording of a lien that is created
313	313	only on an automobile accessory, including a tire, radio, or
314	314	heater;
315	315	(3) a motor vehicle while it is owned or operated by
316	316	the United States; or
317	317	(4) a new motor vehicle on loan to a political
318	318	subdivision of the state for use only in a driver education course
319	319	approved by the Texas [Central] Education Agency.
320	320	SECTION 19. Subchapter A, Chapter 501, Transportation Code,
321	321	is amended by adding Section 501.008 to read as follows:
322	322	Sec. 501.008. TITLE FOR AUTOCYCLE. (a) In this section,
323	323	"autocycle" means a motor vehicle, other than a tractor, that is:
324	324	(1) designed to have when propelled not more than
325	325	three wheels on the ground;
326	326	(2) equipped with a steering wheel;
327	327	(3) equipped with seating that does not require the
328	328	operator to straddle or sit astride the seat; and
329	329	(4) manufactured and certified to comply with federal
330	330	safety requirements for a motorcycle.
331	331	(b) For purposes of issuing a title under this chapter, an
332	332	autocycle is considered to be a motorcycle.
333	333	SECTION 20. Section 501.021(a), Transportation Code, is
334	334	amended to read as follows:
335	335	(a) A motor vehicle title issued by the department must
336	336	include:
337	337	(1) the legal name and address of each purchaser [and
338	338	seller] at the first sale or a subsequent sale;
339	339	(2) the legal name, city, and state of each seller at
340	340	the first sale or a subsequent sale;
341	341	(3) the make of the motor vehicle;
342	342	(4) [(3)] the body type of the vehicle;
343	343	(5) [(4)] the manufacturer's permanent vehicle
344	344	identification number of the vehicle or the vehicle's motor number
345	345	if the vehicle was manufactured before the date that stamping a
346	346	permanent identification number on a motor vehicle was universally
347	347	adopted;
348	348	(6) [(5)] the serial number for the vehicle;
349	349	(7) [(6)] the name and address of each lienholder and
350	350	the date of each lien on the vehicle, listed in the chronological
351	351	order in which the lien was recorded;
352	352	(8) [(7)] a statement indicating rights of
353	353	survivorship under Section 501.031;
354	354	(9) [(8)] if the vehicle has an odometer, the odometer
355	355	reading at the time of application for the title; and
356	356	(10) [(9)] any other information required by the
357	357	department.
358	358	SECTION 21. Section 501.0234(a), Transportation Code, is
359	359	amended to read as follows:
360	360	(a) A person who sells, including by consignment, at the
361	361	first or a subsequent sale a motor vehicle and who holds a general
362	362	distinguishing number issued under Chapter 503 of this code or
363	363	Chapter 2301, Occupations Code, shall:
364	364	(1) except as provided by this section, in the time and
365	365	manner provided by law, apply, in the name of the purchaser of the
366	366	vehicle, for the registration of the vehicle, if the vehicle is to
367	367	be registered, and a title for the vehicle and file with the
368	368	appropriate designated agent each document necessary to transfer
369	369	title to or register the vehicle; and [at the same time]
370	370	(2) at the time the person files for title and
371	371	registration under Subdivision (1), remit any required motor
372	372	vehicle sales tax.
373	373	SECTION 22. The heading to Section 501.036, Transportation
374	374	Code, is amended to read as follows:
375	375	Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER.
376	376	SECTION 23. Section 501.036, Transportation Code, is
377	377	amended by amending Subsections (a) and (b) and adding Subsection
378	378	(b-1) to read as follows:
379	379	(a) Notwithstanding any other provision of this chapter,
380	380	the department may issue a title for a farm trailer or farm
381	381	semitrailer with a gross vehicle weight of 34,000 [more than 4,000]
382	382	pounds or less if[:
383	383	[(1) the farm semitrailer is eligible for registration
384	384	under Section 502.146; and
385	385	[(2)] all [other] requirements for issuance of a title
386	386	are met.
387	387	(b) To obtain a title under this section, the owner of the
388	388	farm trailer or farm semitrailer must:
389	389	(1) apply for the title in the manner required by
390	390	Section 501.023; and
391	391	(2) pay the fee required by Section 501.138.
392	392	(b-1) A subsequent purchaser of a farm trailer or farm
393	393	semitrailer titled previously under this section shall obtain a
394	394	title under this section.
395	395	SECTION 24. Section 501.037, Transportation Code, is
396	396	amended to read as follows:
397	397	Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS.
398	398	(a) Notwithstanding any other provision of this chapter, the
399	399	department may issue a title for a trailer or semitrailer that has a
400	400	gross vehicle weight of 4,000 pounds or less if all other
401	401	requirements for issuance of a title are met.
402	402	(b) To obtain a title under this section, the owner of the
403	403	trailer or semitrailer must:
404	404	(1) apply for the title in the manner required by
405	405	Section 501.023; and
406	406	(2) pay the fee required by Section 501.138.
407	407	(c) A subsequent purchaser of a trailer or semitrailer
408	408	titled previously under this section shall obtain a title under
409	409	this section.
410	410	SECTION 25. Section 501.052, Transportation Code, is
411	411	amended by amending Subsection (e) and adding Subsection (f) to
412	412	read as follows:
413	413	(e) An applicant aggrieved by the determination under
414	414	Subsection (d) may appeal only to the county or district court of
415	415	the county of the applicant's residence. An applicant must file an
416	416	appeal not later than the fifth day after the date of the
417	417	assessor-collector's determination and must serve a copy of the
418	418	petition on the department and all persons known to have a potential
419	419	ownership or security interest in the vehicle, including all owners
420	420	and lienholders listed on the title. The applicant must also
421	421	provide to the court a certified title history for the vehicle
422	422	obtained from the department. The judge shall try the appeal in the
423	423	manner of other civil cases. All rights and immunities granted in
424	424	the trial of a civil case are available to the department and all
425	425	interested parties. If the department's action is not sustained,
426	426	the department shall promptly issue a title for the vehicle.
427	427	(f) In an appeal brought under Subsection (e), the
428	428	department is not required to file an answer or appear before a
429	429	county or district court as a party to the appeal, but the
430	430	department may intervene to enter an appearance or provide
431	431	evidence. The court may require the department to respond to
432	432	requests for information relevant to the appeal.
433	433	SECTION 26. Section 501.0521, Transportation Code, is
434	434	amended by adding Subsection (c) to read as follows:
435	435	(c) In any action filed in a county or district court under
436	436	this subchapter, the petitioner must serve a copy of the petition on
437	437	the department and all persons and entities known to have a
438	438	potential ownership or security interest in the vehicle, including
439	439	all owners and lienholders listed on the title. The petitioner must
440	440	also provide to the court a certified title history for the vehicle
441	441	obtained from the department. The department is not required to
442	442	file an answer or appear before a county or district court as a
443	443	party to the action, but the department may intervene to enter an
444	444	appearance or provide evidence.
445	445	SECTION 27. Section 501.097(a), Transportation Code, as
446	446	amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of
447	447	the 82nd Legislature, Regular Session, 2011, is reenacted and
448	448	amended to read as follows:
449	449	(a) An application for a nonrepairable vehicle title,
450	450	nonrepairable record of title, salvage vehicle title, or salvage
451	451	record of title must:
452	452	(1) be made in [on] a manner [form] prescribed by the
453	453	department and accompanied by a $8 application fee;
454	454	(2) include, in addition to any other information
455	455	required by the department:
456	456	(A) the name and current address of the owner;
457	457	[and]
458	458	(B) a description of the motor vehicle, including
459	459	the make, style of body, model year, and vehicle identification
460	460	number; and
461	461	(C) a statement describing whether the motor
462	462	vehicle:
463	463	(i) was the subject of a total loss claim
464	464	paid by an insurance company under Section [501.092,] 501.0925,
465	465	501.1001, or 501.1002 [501.093];
466	466	(ii) is a self-insured motor vehicle under
467	467	Section 501.1001 [501.094];
468	468	(iii) is an export-only motor vehicle under
469	469	Section 501.099;
470	470	(iv) was sold, transferred, or released to
471	471	the owner or former owner of the motor vehicle or a buyer at a casual
472	472	sale; or
473	473	(v) is a motor vehicle for which an
474	474	insurance company does not take ownership under Section 501.0935;
475	475	and
476	476	(3) include the name and address of:
477	477	(A) any currently recorded lienholder, if the
478	478	motor vehicle is a nonrepairable motor vehicle; or
479	479	(B) any currently recorded lienholder or a new
480	480	lienholder, if the motor vehicle is a salvage motor vehicle.
481	481	SECTION 28. The heading to Section 501.134, Transportation
482	482	Code, is amended to read as follows:
483	483	Sec. 501.134. CERTIFIED COPY OF [LOST OR DESTROYED]
484	484	CERTIFICATE OF TITLE.
485	485	SECTION 29. Sections 501.134(a), (b), and (c),
486	486	Transportation Code, are amended to read as follows:
487	487	(a) The [If a printed title is lost or destroyed, the] owner
488	488	or lienholder disclosed on a [the] title may obtain, in the manner
489	489	provided by this section and department rule, a certified copy of
490	490	the [lost or destroyed] title directly from the department by
491	491	applying in a manner prescribed by the department and paying a fee
492	492	of $2. A fee collected under this subsection shall be deposited to
493	493	the credit of the Texas Department of Motor Vehicles fund and may be
494	494	spent only as provided by Section 501.138.
495	495	(b) If a lien is disclosed on a title, the department may
496	496	issue a certified copy of the [original] title only to the first
497	497	lienholder or the lienholder's verified agent.
498	498	(c) The department must plainly mark "certified copy" on the
499	499	face of a certified copy issued under this section. A certified
500	500	copy of the title that is lawfully obtained under this section
501	501	supersedes and invalidates any previously issued title or certified
502	502	copy. If the certified copy of title is later rescinded, canceled,
503	503	or revoked under Section 501.051, the department may reinstate or
504	504	reissue a previously superseded or invalidated title or certified
505	505	copy of title. A subsequent purchaser or lienholder of the vehicle
506	506	only acquires the rights, title, or interest in the vehicle held by
507	507	the holder of the certified copy.
508	508	SECTION 30. Sections 502.001(2) and (40), Transportation
509	509	Code, are amended to read as follows:
510	510	(2) "Apportioned license plate" means a license plate
511	511	issued in lieu of a truck, motor bus, [license plate] or combination
512	512	license plate to a motor carrier in this state who proportionally
513	513	registers a vehicle owned or leased by the carrier in one or more
514	514	other states.
515	515	(40) "Token trailer" means a semitrailer that is
516	516	registered under Section 502.255 and used in combination with a
517	517	truck-tractor or commercial motor vehicle that is registered in
518	518	combination under Section 502.255, regardless of whether the
519	519	truck-tractor or commercial motor vehicle [:
520	520	[(A) has a gross weight of more than 6,000
521	521	pounds; and
522	522	[(B) is operated in combination with a truck or a
523	523	truck-tractor that] has been issued:
524	524	(A) [(i)] an apportioned license plate;
525	525	(B) [(ii)] a combination license plate; [or]
526	526	(C) [(iii)] a forestry vehicle license plate; or
527	527	(D) another license plate.
528	528	SECTION 31. Section 502.0023, Transportation Code, is
529	529	amended by amending Subsections (c) and (d-1) and adding Subsection
530	530	(k) to read as follows:
531	531	(c) In addition to the registration fees prescribed by this
532	532	chapter, an owner registering a commercial fleet under this section
533	533	shall pay:
534	534	(1) a one-time [an annual] commercial fleet
535	535	registration fee of $10 per motor vehicle, semitrailer, or trailer
536	536	in the fleet; and
537	537	(2) except as provided by Subsection (e), a one-time
538	538	license plate manufacturing fee of $1.50 for each fleet motor
539	539	vehicle, semitrailer, or trailer license plate.
540	540	(d-1) The department shall issue a license plate for a token
541	541	trailer registered under this section that does not expire. The
542	542	license plate must include the word "Permanent." A [alphanumeric
543	543	pattern for a] license plate issued under this subsection may
544	544	remain on a token trailer [for as long as the registration of the
545	545	token trailer is renewed or] until the token trailer is removed from
546	546	service or sold, provided that the license plate must be removed if
547	547	the department cancels, suspends, or revokes the registration for
548	548	the token trailer as provided by law or department rule. The
549	549	registration receipt required under Section 621.002 is not required
550	550	for a vehicle that displays a license plate issued under this
551	551	subsection.
552	552	(k) A token trailer that displays a license plate issued
553	553	under Subsection (d-1) is subject to the inspection requirements
554	554	under Chapter 548 as if the token trailer was not permanently
555	555	registered. The department and the Department of Public Safety
556	556	shall adopt rules to establish a method to enforce the inspection
557	557	requirements under Chapter 548 for a token trailer that displays a
558	558	license plate issued under Subsection (d-1). The rules must
559	559	authorize the department to suspend the registration of a token
560	560	trailer that displays a license plate issued under Subsection (d-1)
561	561	for failure to comply with the inspection requirements. The
562	562	department may assess a fee to cover the department's
563	563	administrative costs to implement this subsection.
564	564	SECTION 32. Subchapter A, Chapter 502, Transportation Code,
565	565	is amended by adding Section 502.004 to read as follows:
566	566	Sec. 502.004. REGISTRATION OF AUTOCYCLE. (a) In this
567	567	section, "autocycle" means a motor vehicle, other than a tractor,
568	568	that is:
569	569	(1) designed to have when propelled not more than
570	570	three wheels on the ground;
571	571	(2) equipped with a steering wheel;
572	572	(3) equipped with seating that does not require the
573	573	operator to straddle or sit astride the seat; and
574	574	(4) manufactured and certified to comply with federal
575	575	safety requirements for a motorcycle.
576	576	(b) For purposes of registering a vehicle under this
577	577	chapter, an autocycle is considered to be a motorcycle.
578	578	SECTION 33. Sections 502.044(a) and (e), Transportation
579	579	Code, are amended to read as follows:
580	580	(a) Except as provided by Subsection (e), the [The]
581	581	department shall designate a vehicle registration year of 12
582	582	consecutive months to begin on the first day of a calendar month and
583	583	end on the last day of the 12th calendar month.
584	584	(e) The department shall use the date of sale of the vehicle
585	585	in designating the registration period [year] for a vehicle for
586	586	which registration is applied [for] under Section 501.0234 or by a
587	587	commercial fleet buyer described by Section 501.0234(b)(4). Unless
588	588	the department designates a registration period of less than 12
589	589	months, the registration period is:
590	590	(1) 12 consecutive months if the vehicle receives a
591	591	one-year inspection period under Section 548.102; or
592	592	(2) 24 consecutive months if the vehicle receives a
593	593	two-year inspection period under Section 548.102, provided that all
594	594	fees are paid for each year of registration.
595	595	SECTION 34. Sections 502.146(a) and (h), Transportation
596	596	Code, are amended to read as follows:
597	597	(a) The department shall issue distinguishing [specialty]
598	598	license plates to a vehicle described by Subsection (b) or
599	599	(c). The fee for the license plates is $5 and shall be deposited to
600	600	the credit of the Texas Department of Motor Vehicles fund.
601	601	(h) A distinguishing [specialty] license plate may not be
602	602	issued or renewed under Subsection (a) to an owner of a vehicle
603	603	described by Subsection (b)(1) unless the vehicle's owner provides
604	604	a registration number issued by the comptroller under Section
605	605	151.1551, Tax Code. The comptroller shall allow access to the
606	606	online system established under Section 151.1551(l), Tax Code, to
607	607	verify a registration number provided under this subsection.
608	608	SECTION 35. Subchapter D, Chapter 502, Transportation Code,
609	609	is amended by adding Section 502.147 to read as follows:
610	610	Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS,
611	611	FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not
612	612	required to register a farm trailer or farm semitrailer that has a
613	613	gross weight of 4,000 pounds or less or a farm tractor or an
614	614	implement of husbandry, if the trailer, semitrailer, tractor, or
615	615	implement is operated only temporarily on the highways.
616	616	SECTION 36. The heading to Section 502.255, Transportation
617	617	Code, is amended to read as follows:
618	618	Sec. 502.255. TRUCK-TRACTOR OR COMMERCIAL MOTOR VEHICLE
619	619	COMBINATION FEE; PERMANENT SEMITRAILER TOKEN FEE.
620	620	SECTION 37. Section 502.255, Transportation Code, is
621	621	amended by amending Subsections (c), (i), and (j) and adding
622	622	Subsection (k) to read as follows:
623	623	(c) The one-time fee for registration of a semitrailer used
624	624	in the manner described by Subsection (a), regardless of the date
625	625	the semitrailer is registered, is $105 [$15 for a registration
626	626	year].
627	627	(i) The department shall issue a license plate for a token
628	628	trailer registered under this section that does not expire or
629	629	require an annual registration insignia to be valid. The license
630	630	plate must include the word "Permanent." A [alphanumeric pattern
631	631	for a] license plate issued under this subsection may remain on a
632	632	token trailer [for as long as the registration of the token trailer
633	633	is renewed or] until the token trailer is removed from service or
634	634	sold, provided that the license plate must be removed if the
635	635	department cancels, suspends, or revokes the registration for the
636	636	token trailer as provided by law or department rule. The
637	637	registration receipt required under Section 621.002 is not required
638	638	for a vehicle that displays a license plate issued under this
639	639	subsection.
640	640	(j) A person may register a semitrailer under this section
641	641	if the person:
642	642	(1) applies to the department for registration;
643	643	(2) provides proof of the person's eligibility to
644	644	register the vehicle under this subsection as required by the
645	645	department; and
646	646	(3) pays the [a] fee required by Subsection (c) [of
647	647	$15], plus any other applicable fee under this chapter [Section
648	648	502.401, for each year included in the registration period].
649	649	(k) A token trailer that displays a license plate issued
650	650	under Subsection (i) is subject to the inspection requirements
651	651	under Chapter 548 as if the token trailer was not permanently
652	652	registered. The department and the Department of Public Safety
653	653	shall adopt rules to establish a method to enforce the inspection
654	654	requirements under Chapter 548 for a token trailer that displays a
655	655	license plate issued under Subsection (i). The rules must
656	656	authorize the department to suspend the registration of a token
657	657	trailer that displays a license plate issued under Subsection (i)
658	658	for failure to comply with the inspection requirements. The
659	659	department may assess a fee to cover the department's
660	660	administrative costs to implement this subsection.
661	661	SECTION 38. Section 502.433(a-1), Transportation Code, is
662	662	amended to read as follows:
663	663	(a-1) A commercial motor vehicle may not be registered or
664	664	renewed under this section unless the vehicle's owner provides a
665	665	registration number issued by the comptroller under Section
666	666	151.1551, Tax Code. The comptroller shall allow access to the
667	667	online system established under Section 151.1551(l), Tax Code, to
668	668	verify a registration number provided under this subsection.
669	669	SECTION 39. Section 503.001(1), Transportation Code, is
670	670	amended to read as follows:
671	671	(1) "Board" means the board of the Texas Department of
672	672	Motor Vehicles [has the meaning assigned by Chapter 2301,
673	673	Occupations Code].
674	674	SECTION 40. Section 503.003, Transportation Code, is
675	675	amended to read as follows:
676	676	Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
677	677	TRAILER. This chapter does not prohibit the display or sale of a
678	678	nonmotorized vehicle or trailer at a regularly scheduled vehicle or
679	679	boat show with multiple vendors [in accordance with commission
680	680	rules].
681	681	SECTION 41. Section 503.007(a), Transportation Code, is
682	682	amended to read as follows:
683	683	(a) The fee for an original general distinguishing number is
684	684	$500 for the first year and $200 for each subsequent year [for which
685	685	the number is valid].
686	686	SECTION 42. Section 503.009(b), Transportation Code, as
687	687	repealed by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature,
688	688	Regular Session, 2013, and amended by Chapter 1379 (H.B. 1692),
689	689	Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
690	690	and amended to read as follows:
691	691	(b) The procedures applicable to a hearing conducted under
692	692	this section are those applicable to a hearing conducted under
693	693	Chapter 2301, Occupations Code, or Chapter 2001, Government Code.
694	694	SECTION 43. Section 503.010, Transportation Code, is
695	695	amended to read as follows:
696	696	Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER,
697	697	LICENSE, OR LICENSE PLATE. Each general distinguishing number,
698	698	license, or license plate issued under this chapter is valid for the
699	699	period prescribed by the board [commission].
700	700	SECTION 44. Section 503.031(a), Transportation Code, is
701	701	amended to read as follows:
702	702	(a) An applicant for a drive-a-way in-transit license must
703	703	submit to the department [commission] an application containing the
704	704	information required by the department [commission].
705	705	SECTION 45. Section 503.038(a), Transportation Code, is
706	706	amended to read as follows:
707	707	(a) The department may cancel a dealer's general
708	708	distinguishing number if the dealer:
709	709	(1) falsifies or forges a title document, including an
710	710	affidavit making application for a certified copy of a title;
711	711	(2) files a false or forged tax document, including a
712	712	sales tax affidavit;
713	713	(3) fails to take assignment of any basic evidence of
714	714	ownership, including a certificate of title or manufacturer's
715	715	certificate, for a vehicle the dealer acquires;
716	716	(4) fails to assign any basic evidence of ownership,
717	717	including a certificate of title or manufacturer's certificate, for
718	718	a vehicle the dealer sells;
719	719	(5) uses or permits the use of a metal dealer's license
720	720	plate or a dealer's temporary tag on a vehicle that the dealer does
721	721	not own or control or that is not in stock and offered for sale;
722	722	(6) wilfully omits material information from or makes
723	723	a material misrepresentation in an application or other information
724	724	filed with the department;
725	725	(7) fails to maintain the qualifications for a general
726	726	distinguishing number;
727	727	(8) fails to provide to the department within 30 days
728	728	after the date of demand by the department satisfactory and
729	729	reasonable evidence that the person is regularly and actively
730	730	engaged in business as a wholesale or retail dealer;
731	731	(9) has been licensed for at least 12 months and has
732	732	not assigned at least five vehicles during the previous 12-month
733	733	period;
734	734	(10) has failed to demonstrate compliance with
735	735	Sections 23.12, 23.121, and 23.122, Tax Code;
736	736	(11) uses or allows the use of the dealer's general
737	737	distinguishing number or the location for which the general
738	738	distinguishing number is issued to avoid the requirements of this
739	739	chapter;
740	740	(12) misuses or allows the misuse of a temporary tag
741	741	authorized under this chapter;
742	742	(13) refuses to show on a buyer's temporary tag the
743	743	date of sale or other reasonable information required by the
744	744	department; or
745	745	(14) otherwise violates this chapter or a rule adopted
746	746	under this chapter.
747	747	SECTION 46. Section 503.0626(a), Transportation Code, is
748	748	amended to read as follows:
749	749	(a) The department shall develop, manage, and maintain a
750	750	secure, real-time database of information on vehicles to which
751	751	dealers and converters have affixed temporary tags. [The database
752	752	shall be managed by the vehicle titles and registration division of
753	753	the department.]
754	754	SECTION 47. Section 503.0631(a), Transportation Code, is
755	755	amended to read as follows:
756	756	(a) The department shall develop, manage, and maintain a
757	757	secure, real-time database of information on persons to whom
758	758	temporary buyer's tags are issued that may be used by a law
759	759	enforcement agency in the same manner that the agency uses vehicle
760	760	registration information. [The database shall be managed by the
761	761	vehicle titles and registration division of the department.]
762	762	SECTION 48. Section 503.069(a), Transportation Code, is
763	763	amended to read as follows:
764	764	(a) A license plate, other than an in-transit license plate,
765	765	or a temporary tag issued under this chapter shall be displayed in
766	766	accordance with board [commission] rules.
767	767	SECTION 49. Section 504.010(c), Transportation Code, is
768	768	amended to read as follows:
769	769	(c) Unless otherwise specified by statute, the [The] board
770	770	may adopt rules regarding the placement of license plates [for a
771	771	motor vehicle, road tractor, motorcycle, trailer, or semitrailer].
772	772	SECTION 50. Subchapter A, Chapter 504, Transportation Code,
773	773	is amended by adding Section 504.011 to read as follows:
774	774	Sec. 504.011. ISSUANCE DATE FOR CERTAIN SPECIALTY LICENSE
775	775	PLATES. (a) The department is not required to issue a specialty
776	776	license plate under this chapter that was created or authorized by
777	777	an Act of the 84th Legislature, Regular Session, 2015, until
778	778	January 1, 2016.
779	779	(b) This section expires January 31, 2016.
780	780	SECTION 51. Sections 504.202(b) and (e), Transportation
781	781	Code, are amended to read as follows:
782	782	(b) A veteran of the United States armed forces is entitled
783	783	to register, for the person's own use, motor vehicles under this
784	784	section if:
785	785	(1) the person has suffered, as a result of military
786	786	service:
787	787	(A) at least a 50 percent service-connected
788	788	disability; or
789	789	(B) a 40 percent service-connected disability
790	790	because of the amputation of a lower extremity;
791	791	(2) the person receives compensation from the United
792	792	States because of the disability; and
793	793	(3) the motor vehicle:
794	794	(A) is owned by the person; and
795	795	(B) has a gross vehicle weight of 18,000 pounds
796	796	or less or is a motor home.
797	797	(e) Other than license plates issued under Subsection (h),
798	798	license plates issued under this section must include[:
799	799	[(1) the letters "DV" on the plate if the plate is
800	800	issued for a vehicle other than a motorcycle; and
801	801	[(2)] the words "Disabled Veteran" and "U.S. Armed
802	802	Forces" at the bottom of each license plate.
803	803	SECTION 52. Section 504.943(b), Transportation Code, is
804	804	amended to read as follows:
805	805	(b) A person commits an offense if the person operates on a
806	806	public highway during a registration period a road tractor, truck
807	807	tractor, motorcycle, trailer, or semitrailer that does not display
808	808	a license plate that:
809	809	(1) has been assigned by the department for the
810	810	period; and
811	811	(2) complies with department rules regarding the
812	812	placement of license plates.
813	813	SECTION 53. Section 541.201(5), Transportation Code, is
814	814	amended to read as follows:
815	815	(5) "House trailer" means a trailer or semitrailer,
816	816	other than a towable recreational vehicle, that:
817	817	(A) is transportable on a highway in one or more
818	818	sections;
819	819	(B) is less than 45 [40] feet in length,
820	820	excluding tow bar, while in the traveling mode;
821	821	(C) is built on a permanent chassis;
822	822	(D) is designed to be used as a dwelling or for
823	823	commercial purposes if connected to required utilities; and
824	824	(E) includes plumbing, heating,
825	825	air-conditioning, and electrical systems.
826	826	SECTION 54. Section 548.005, Transportation Code, is
827	827	amended to read as follows:
828	828	Sec. 548.005. INSPECTION ONLY BY STATE-CERTIFIED AND
829	829	SUPERVISED INSPECTION STATION. A compulsory inspection under this
830	830	chapter may be made only by an inspection station, except that the
831	831	department may:
832	832	(1) permit inspection to be made by an inspector under
833	833	terms and conditions the department prescribes; and
834	834	(2) authorize the acceptance in this state of a
835	835	certificate of inspection and approval issued in another state
836	836	having a similar inspection law[; and
837	837	[(3) authorize the acceptance in this state of a
838	838	certificate of inspection and approval issued in compliance with 49
839	839	C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
840	840	is registered in this state but is not domiciled in this state].
841	841	SECTION 55. Section 548.101, Transportation Code, is
842	842	amended to read as follows:
843	843	Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD.
844	844	(a) Except as provided by Section 548.102, the department shall
845	845	require an annual inspection.
846	846	(b) A [The department shall set the periods of inspection
847	847	and may make rules with respect to those periods. The rules must
848	848	provide that:
849	849	[(1) a] vehicle owner must [may] obtain an inspection
850	850	not earlier than 90 days before the date of expiration of the
851	851	vehicle's registration.
852	852	(c) A[; and
853	853	[(2) a] used motor vehicle sold by a dealer, as defined
854	854	by Section 503.001, must be inspected in the 180 days preceding the
855	855	date the dealer sells the vehicle.
856	856	SECTION 56. The heading to Section 548.102, Transportation
857	857	Code, is amended to read as follows:
858	858	Sec. 548.102. [TWO-YEAR] INITIAL INSPECTION PERIOD FOR
859	859	PASSENGER CAR OR LIGHT TRUCK.
860	860	SECTION 57. Section 548.102, Transportation Code, is
861	861	amended by amending Subsection (a) and adding Subsection (c) to
862	862	read as follows:
863	863	(a) The initial inspection period is one year or two years,
864	864	at the option of the purchaser of the vehicle, for a passenger car
865	865	or light truck that:
866	866	(1) is sold in this state or purchased by a commercial
867	867	fleet buyer described by Section 501.0234(b)(4) for use in this
868	868	state;
869	869	(2) has not been previously registered in this or
870	870	another state; and
871	871	(3) on the date of sale is of the current or preceding
872	872	model year.
873	873	(c) Notwithstanding any other provision of this chapter,
874	874	the initial inspection period begins on the date on which
875	875	registration begins when a registration application is made:
876	876	(1) under Section 501.0234; or
877	877	(2) by a commercial fleet buyer described by Section
878	878	501.0234(b)(4).
879	879	SECTION 58. Section 548.201(b), Transportation Code, is
880	880	amended to read as follows:
881	881	(b) A program under this section also applies to any:
882	882	(1) [vehicle or combination of vehicles with a gross
883	883	weight rating of more than 10,000 pounds that is operated in
884	884	interstate commerce and registered in this state;
885	885	[(2)] school activity bus, as defined in Section
886	886	541.201, that has a gross weight, registered weight, or gross
887	887	weight rating of more than 26,000 pounds, or is designed to
888	888	transport more than 15 passengers, including the driver; and
889	889	(2) [(3)] school bus that will operate at a speed
890	890	authorized by Section 545.352(b)(4)(A) [545.352(b)(5)(A)].
891	891	SECTION 59. Section 548.203, Transportation Code, is
892	892	amended to read as follows:
893	893	Sec. 548.203. EXEMPTIONS. (a) Notwithstanding any other
894	894	provision of this chapter, a vehicle that is subject to inspection
895	895	under 49 C.F.R. Part 396 is exempt from the safety inspection
896	896	required under this subchapter.
897	897	(b) The commission by rule may exempt a type of commercial
898	898	motor vehicle from the application of this subchapter if the
899	899	vehicle:
900	900	(1) was manufactured before September 1, 1995;
901	901	(2) is operated only temporarily on a highway of this
902	902	state and at a speed of less than 30 miles per hour; and
903	903	(3) complies with Section 548.051 and each applicable
904	904	provision in Title 49, Code of Federal Regulations.
905	905	SECTION 60. Section 548.251, Transportation Code, is
906	906	amended to read as follows:
907	907	Sec. 548.251. DEPARTMENT TO MAINTAIN DATABASE. The
908	908	department shall maintain an electronic database to which
909	909	inspection stations may electronically submit the information
910	910	required by Section 548.253. The department must ensure that the
911	911	vehicle identification number of each inspected vehicle is included
912	912	in the database, along with a notation on whether the vehicle
913	913	complies with the applicable inspection requirements under this
914	914	chapter and Chapter 382, Health and Safety Code.
915	915	SECTION 61. Section 548.256, Transportation Code, is
916	916	amended to read as follows:
917	917	Sec. 548.256. PROOF OF COMPLIANCE WITH INSPECTION
918	918	REQUIREMENTS REQUIRED TO REGISTER VEHICLE. (a) Except as provided
919	919	by Subsection (b), before [Before] a vehicle may be registered, the
920	920	Texas Department of Motor Vehicles or the county assessor-collector
921	921	registering the vehicle shall verify that the vehicle complies with
922	922	[has passed] the applicable inspection requirements under this
923	923	chapter and Chapter 382, Health and Safety Code [inspections
924	924	required by this chapter], as indicated in the department's
925	925	inspection database. If the database information is not available,
926	926	the owner of the vehicle may present a vehicle inspection report
927	927	issued for the vehicle.
928	928	(b) The Texas Department of Motor Vehicles or a county
929	929	assessor-collector may register a vehicle that is not in compliance
930	930	with the applicable inspection requirements under this chapter or
931	931	Chapter 382, Health and Safety Code, if the vehicle is located in
932	932	another state at the time the applicant applies for registration or
933	933	registration renewal under Chapter 502 and the applicant certifies
934	934	that the vehicle is located in another state and the applicant will
935	935	comply with the applicable inspection requirements under this
936	936	chapter, Chapter 382, Health and Safety Code, and the department's
937	937	administrative rules regarding inspection requirements once the
938	938	vehicle is operated in this state. The Texas Department of Motor
939	939	Vehicles or the county assessor-collector shall add a notation to
940	940	the Texas Department of Motor Vehicles' registration database for
941	941	law enforcement to verify the inspection status of the vehicle.
942	942	SECTION 62. Section 548.301(c), Transportation Code, is
943	943	amended to read as follows:
944	944	(c) A program established under this section must include
945	945	registration and registration renewal-based
946	946	[reregistration-based] enforcement.
947	947	SECTION 63. Sections 548.3011(a) and (c), Transportation
948	948	Code, are amended to read as follows:
949	949	(a) This section applies only to a vehicle:
950	950	(1) the most recent [certificate of] title for which
951	951	or registration of which was issued in a county without a motor
952	952	vehicle emissions inspection and maintenance program; and
953	953	(2) the ownership of which has changed and which has
954	954	been the subject of a retail sale as defined by Section 2301.002,
955	955	Occupations Code.
956	956	(c) A vehicle subject to this section is not eligible for a
957	957	title receipt under Section 501.024, a [certificate of] title under
958	958	Section 501.027, or registration under Chapter 502 in a county with
959	959	a motor vehicle emissions inspection and maintenance program unless
960	960	proof is presented with the application for [certificate of] title
961	961	or registration, as appropriate, that the vehicle, not earlier than
962	962	the 90th day before the date on which the new owner's application
963	963	for [certificate of] title or registration is filed with the county
964	964	clerk or county assessor-collector, as appropriate, is in
965	965	compliance with the emissions inspection requirements as
966	966	determined by the department [has passed an approved vehicle
967	967	emissions test in the county in which it is to be titled or
968	968	registered].
969	969	SECTION 64. Section 548.306(h), Transportation Code, is
970	970	amended to read as follows:
971	971	(h) The Texas Department of Motor Vehicles [Transportation]
972	972	may deny the renewal of registration [reregistration] of a vehicle
973	973	if the registered owner of the vehicle has received notification
974	974	under Subsection (c) and the vehicle has not passed a verification
975	975	emissions inspection.
976	976	SECTION 65. The heading to Section 548.503, Transportation
977	977	Code, is amended to read as follows:
978	978	Sec. 548.503. [INITIAL] TWO-YEAR INSPECTION OF PASSENGER
979	979	CAR OR LIGHT TRUCK.
980	980	SECTION 66. Section 548.503(a), Transportation Code, is
981	981	amended to read as follows:
982	982	(a) The fee for inspection of a passenger car or light truck
983	983	that receives a two-year inspection period under Section 548.102
984	984	shall be set by the department by rule on or before September 1 of
985	985	each year. A fee set by the department under this subsection must
986	986	be based on the costs of providing inspections and administering
987	987	the program, but may not be less than $21.75.
988	988	SECTION 67. Subchapter H, Chapter 548, Transportation Code,
989	989	is amended by adding Section 548.510 to read as follows:
990	990	Sec. 548.510. REFUND OF OVERCHARGED INSPECTION FEE.
991	991	(a) The owner of a motor vehicle who pays at the time of
992	992	registration an inspection fee in excess of the required amount is
993	993	entitled to a refund of the overcharge.
994	994	(b) A county assessor-collector who collects an excessive
995	995	fee, or the Texas Department of Motor Vehicles if the excessive fee
996	996	is collected by that department, shall refund an overcharge on
997	997	presentation of satisfactory evidence of the overcharge not later
998	998	than the first anniversary of the date the excessive inspection fee
999	999	was paid.
1000	1000	(c) The comptroller shall reimburse an entity for any
1001	1001	refunds made by the entity under this section.
1002	1002	SECTION 68. Subchapter I, Chapter 548, Transportation Code,
1003	1003	is amended by adding Section 548.605 to read as follows:
1004	1004	Sec. 548.605. DRIVING A VEHICLE WITHOUT COMPLYING WITH
1005	1005	INSPECTION REQUIREMENTS AS CERTIFIED; OFFENSE; DISMISSAL OF
1006	1006	CHARGE. (a) In this section, "working day" means any day other
1007	1007	than a Saturday, a Sunday, or a holiday on which county offices are
1008	1008	closed.
1009	1009	(b) A person commits an offense if:
1010	1010	(1) the person operates in this state a motor vehicle
1011	1011	for which a certification was provided under Section 548.256(b);
1012	1012	and
1013	1013	(2) the vehicle is not in compliance with the
1014	1014	applicable inspection requirements under this chapter, Chapter
1015	1015	382, Health and Safety Code, or the department's administrative
1016	1016	rules regarding inspection requirements.
1017	1017	(c) A peace officer may require the owner or operator to
1018	1018	produce a vehicle inspection report issued for the vehicle if the
1019	1019	Texas Department of Motor Vehicles' registration database includes
1020	1020	a notation for law enforcement to verify the inspection status of
1021	1021	the vehicle.
1022	1022	(d) It is a defense to prosecution under Subsection (b) that
1023	1023	a passing vehicle inspection report issued for the vehicle is in
1024	1024	effect at the time of the offense.
1025	1025	(e) A court shall:
1026	1026	(1) dismiss a charge under this section if the
1027	1027	defendant remedies the defect:
1028	1028	(A) not later than the 20th working day after the
1029	1029	date of the citation or before the defendant's first court
1030	1030	appearance date, whichever is later; or
1031	1031	(B) not later than the 40th working day after the
1032	1032	applicable deadline provided by this chapter, Chapter 382, Health
1033	1033	and Safety Code, or the department's administrative rules regarding
1034	1034	inspection requirements; and
1035	1035	(2) assess an administrative fee not to exceed $20
1036	1036	when the charge has been remedied under Subdivision (1).
1037	1037	(f) An offense under this section is a Class C misdemeanor.
1038	1038	SECTION 69. Section 621.002, Transportation Code, is
1039	1039	amended by amending Subsection (a) and adding Subsection (c) to
1040	1040	read as follows:
1041	1041	(a) Except as provided by Subsection (c), a [A] copy of the
1042	1042	registration receipt issued under Section 502.057 for a commercial
1043	1043	motor vehicle, truck-tractor, trailer, or semitrailer shall be:
1044	1044	(1) carried on the vehicle when the vehicle is on a
1045	1045	public highway; and
1046	1046	(2) presented to an officer authorized to enforce this
1047	1047	chapter on request of the officer.
1048	1048	(c) Subsection (a) does not apply to a vehicle that displays
1049	1049	a license plate issued under Section 502.0023(d-1) or 502.255(i).
1050	1050	SECTION 70. Subchapter A, Chapter 621, Transportation Code,
1051	1051	is amended by adding Section 621.0075 to read as follows:
1052	1052	Sec. 621.0075. EVIDENCE OF PERMIT. (a) An operator of a
1053	1053	vehicle operating under a permit issued under this subtitle who is
1054	1054	required by law or rule to carry the permit in the vehicle shall, on
1055	1055	request, provide the permit for the vehicle or a photocopy of the
1056	1056	permit to a peace officer, as defined by Article 2.12, Code of
1057	1057	Criminal Procedure.
1058	1058	(b) If the department provides a permit electronically, the
1059	1059	vehicle operator may provide a legible and accurate image of the
1060	1060	permit displayed on a wireless communication device.
1061	1061	(c) The display of an image that includes permit information
1062	1062	on a wireless communication device under Subsection (b) does not
1063	1063	constitute effective consent for a law enforcement officer, or any
1064	1064	other person, to access the contents of the wireless communication
1065	1065	device except to view the permit information.
1066	1066	(d) The authorization of the use of a wireless communication
1067	1067	device to display permit information under Subsection (b) does not
1068	1068	prevent a court of competent jurisdiction from requiring a person
1069	1069	to provide a paper copy of the person's evidence of permit in a
1070	1070	hearing or trial or in connection with discovery proceedings.
1071	1071	(e) A telecommunications provider, as defined by Section
1072	1072	51.002, Utilities Code, may not be held liable to the operator of
1073	1073	the motor vehicle for the failure of a wireless communication
1074	1074	device to display permit information under Subsection (b).
1075	1075	SECTION 71. Subchapter A, Chapter 621, Transportation Code,
1076	1076	is amended by adding Section 621.009 to read as follows:
1077	1077	Sec. 621.009. SIZE AND WEIGHT LIMITATIONS. The size and
1078	1078	weight limitations provided by this chapter apply unless otherwise
1079	1079	provided by this subtitle.
1080	1080	SECTION 72. Section 621.101(a), Transportation Code, is
1081	1081	amended to read as follows:
1082	1082	(a) A vehicle or combination of vehicles may not be operated
1083	1083	over or on a public highway or at a port-of-entry between Texas and
1084	1084	the United Mexican States if the vehicle or combination has:
1085	1085	(1) a single axle weight heavier than 20,000 pounds,
1086	1086	including all enforcement tolerances;
1087	1087	(2) a tandem axle weight heavier than 34,000 pounds,
1088	1088	including all enforcement tolerances;
1089	1089	(3) an overall gross weight on a group of two or more
1090	1090	consecutive axles heavier than the weight computed using the
1091	1091	following formula and rounding the result to the nearest 500
1092	1092	pounds:
1093	1093	W = 500((LN/(N - 1)) + 12N + 36)
1094	1094	where:
1095	1095	"W" is maximum overall gross weight on the group;
1096	1096	"L" is distance in feet between the axles of the group that
1097	1097	are the farthest apart; and
1098	1098	"N" is number of axles in the group; or
1099	1099	(4) tires that carry a weight heavier than the weight
1100	1100	specified and marked on the sidewall of the tire, unless expressly
1101	1101	authorized [the vehicle is being operated] under the terms of a
1102	1102	special permit.
1103	1103	SECTION 73. Section 621.102(d), Transportation Code, is
1104	1104	amended to read as follows:
1105	1105	(d) A vehicle operating under a permit issued under Section
1106	1106	623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181,
1107	1107	623.192, [or] 623.212, or 623.321, as added by Chapter 1135 (H.B.
1108	1108	2741), Acts of the 83rd Legislature, Regular Session, 2013, may
1109	1109	operate under the conditions authorized by the permit over a road
1110	1110	for which the executive director of the Texas Department of
1111	1111	Transportation has set a maximum weight under this section.
1112	1112	SECTION 74. Section 621.301(e), Transportation Code, is
1113	1113	amended to read as follows:
1114	1114	(e) A vehicle operating under a permit issued under Section
1115	1115	623.011, 623.020, 623.071, 623.094, 623.121, 623.142, 623.181,
1116	1116	623.192, [or] 623.212, or 623.321, as added by Chapter 1135 (H.B.
1117	1117	2741), Acts of the 83rd Legislature, Regular Session, 2013, may
1118	1118	operate under the conditions authorized by the permit over a road
1119	1119	for which the commissioners court has set a maximum weight under
1120	1120	this section.
1121	1121	SECTION 75. Section 621.502(d), Transportation Code, is
1122	1122	amended to read as follows:
1123	1123	(d) Intent to operate a vehicle at a weight that is heavier
1124	1124	than the weight authorized by a permit issued under Section 623.011
1125	1125	or 623.020 is presumed if:
1126	1126	(1) the vehicle is operated at a weight that is heavier
1127	1127	than the applicable weight plus the tolerance allowance provided by
1128	1128	Section 623.011(a) or 623.020(a); and
1129	1129	(2) a permit to operate at that weight has not been
1130	1130	issued for the vehicle.
1131	1131	SECTION 76. The heading to Section 621.503, Transportation
1132	1132	Code, is amended to read as follows:
1133	1133	Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR
1134	1134	WEIGHT LIMITATION.
1135	1135	SECTION 77. Sections 621.503(a) and (b), Transportation
1136	1136	Code, are amended to read as follows:
1137	1137	(a) A person may not load, or cause to be loaded, a vehicle
1138	1138	for operation on a public highway of this state that exceeds the
1139	1139	height, width, length, or weight limitations for operation of that
1140	1140	vehicle provided by this subtitle [Section 621.101].
1141	1141	(b) Intent to violate a weight limitation is presumed if the
1142	1142	weight of the loaded vehicle is heavier than the applicable axle or
1143	1143	gross weight limit by 15 percent or more.
1144	1144	SECTION 78. Subchapter G, Chapter 621, Transportation Code,
1145	1145	is amended by adding Section 621.511 to read as follows:
1146	1146	Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person
1147	1147	commits an offense if:
1148	1148	(1) the person operates or moves on a public highway a
1149	1149	vehicle that is issued a permit under this subtitle; and
1150	1150	(2) the person operating or moving the vehicle is not
1151	1151	the person named on the permit for the vehicle.
1152	1152	(b) An offense under this section is a Class C misdemeanor.
1153	1153	SECTION 79. Section 622.901, Transportation Code, is
1154	1154	amended to read as follows:
1155	1155	Sec. 622.901. WIDTH EXCEPTIONS. The width limitation
1156	1156	provided by Section 621.201 does not apply to:
1157	1157	(1) highway building or maintenance machinery that is
1158	1158	traveling:
1159	1159	(A) during daylight on a public highway other
1160	1160	than a highway that is part of the national system of interstate and
1161	1161	defense highways; or
1162	1162	(B) for not more than 50 miles on a highway that
1163	1163	is part of the national system of interstate and defense highways;
1164	1164	(2) a vehicle traveling during daylight on a public
1165	1165	highway other than a highway that is part of the national system of
1166	1166	interstate and defense highways or traveling for not more than 50
1167	1167	miles on a highway that is part of the national system of interstate
1168	1168	and defense highways if the vehicle is:
1169	1169	(A) a farm tractor or implement of husbandry; or
1170	1170	(B) a vehicle on which a farm tractor, [or]
1171	1171	implement of husbandry, or equipment used in the harvesting and
1172	1172	production of timber, other than a tractor, [or] implement, or
1173	1173	equipment being transported from one dealer to another, is being
1174	1174	moved by the owner of the tractor, [or] implement, or equipment or
1175	1175	by an agent or employee of the owner:
1176	1176	(i) to deliver the tractor, [or] implement,
1177	1177	or equipment to a new owner;
1178	1178	(ii) to transport the tractor, [or]
1179	1179	implement, or equipment to or from a mechanic for maintenance or
1180	1180	repair; or
1181	1181	(iii) in the course of an agricultural
1182	1182	operation, including a forestry operation;
1183	1183	(3) machinery that is used solely for drilling water
1184	1184	wells, including machinery that is a unit or a unit mounted on a
1185	1185	conventional vehicle or chassis, and that is traveling:
1186	1186	(A) during daylight on a public highway other
1187	1187	than a highway that is part of the national system of interstate and
1188	1188	defense highways; or
1189	1189	(B) for not more than 50 miles on a highway that
1190	1190	is part of the national system of interstate and defense highways;
1191	1191	(4) a vehicle owned or operated by a public, private,
1192	1192	or volunteer fire department;
1193	1193	(5) a vehicle registered under Section 502.431; or
1194	1194	(6) a recreational vehicle to which Section 622.903
1195	1195	applies.
1196	1196	SECTION 80. Section 623.0113, Transportation Code, is
1197	1197	amended to read as follows:
1198	1198	Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
1199	1199	by Subsection (b), a permit issued under Section 623.011 or 623.020
1200	1200	does not authorize the operation of a vehicle on:
1201	1201	(1) the national system of interstate and defense
1202	1202	highways in this state if the weight of the vehicle is greater than
1203	1203	authorized by federal law; or
1204	1204	(2) a bridge for which a maximum weight and load limit
1205	1205	has been established and posted by the Texas Transportation
1206	1206	Commission under Section 621.102 or the commissioners court of a
1207	1207	county under Section 621.301, if the gross weight of the vehicle and
1208	1208	load or the axles and wheel loads are greater than the limits
1209	1209	established and posted under those sections.
1210	1210	(b) The restrictions under Subsection (a)(2) do not apply if
1211	1211	a bridge described by Subsection (a)(2) provides the only public
1212	1212	vehicular access from an origin or to a destination by a holder of a
1213	1213	permit issued under Section 623.011 or 623.020.
1214	1214	SECTION 81. Sections 623.0171(b) and (e), Transportation
1215	1215	Code, are amended to read as follows:
1216	1216	(b) The department may issue a permit that authorizes the
1217	1217	operation of a ready-mixed concrete truck with three or more axles.
1218	1218	(e) When the department issues a permit under this section,
1219	1219	the department shall issue a sticker to be placed on the front
1220	1220	windshield of the vehicle [above the inspection certificate issued
1221	1221	to the vehicle]. The department shall design the form of the
1222	1222	sticker to aid in the enforcement of weight limits for vehicles.
1223	1223	SECTION 82. Section 623.018(d), Transportation Code, is
1224	1224	amended to read as follows:
1225	1225	(d) If a vehicle has a permit issued under Section 623.011
1226	1226	or 623.020, a commissioners court may not:
1227	1227	(1) issue a permit under this section or charge an
1228	1228	additional fee for or otherwise regulate or restrict the operation
1229	1229	of the vehicle because of weight; or
1230	1230	(2) require the owner or operator to execute or comply
1231	1231	with a road use agreement or indemnity agreement, to make a filing
1232	1232	or application, or to provide a bond or letter of credit other than
1233	1233	the bond or letter of credit prescribed by Section 623.012.
1234	1234	SECTION 83. Subchapter B, Chapter 623, Transportation Code,
1235	1235	is amended by adding Section 623.020 to read as follows:
1236	1236	Sec. 623.020. 24-HOUR PERMIT FOR EXCESS AXLE OR GROSS
1237	1237	WEIGHT. (a) The department may issue a permit that authorizes the
1238	1238	operation of a commercial motor vehicle, trailer, semitrailer, or
1239	1239	combination of those vehicles, or a truck-tractor or combination of
1240	1240	a truck-tractor and one or more other vehicles:
1241	1241	(1) at an axle weight that is not heavier than the
1242	1242	weight equal to the maximum allowable axle weight for the vehicle or
1243	1243	combination plus a tolerance allowance of 10 percent of that
1244	1244	allowable weight; and
1245	1245	(2) at a gross weight that is not heavier than the
1246	1246	weight equal to the maximum allowable gross weight for the vehicle
1247	1247	or combination plus a tolerance allowance of five percent.
1248	1248	(b) To qualify for a permit under this section:
1249	1249	(1) the vehicle must be registered under Chapter 502
1250	1250	for the maximum gross weight applicable to the vehicle under
1251	1251	Section 621.101, not to exceed 80,000 pounds, and the motor carrier
1252	1252	must be registered under Chapter 643;
1253	1253	(2) an application must be made in a manner determined
1254	1254	by the department by rule; and
1255	1255	(3) a nonrefundable permit fee of $50 must be paid.
1256	1256	(c) When a person applies for a permit under this section,
1257	1257	the person must pay in addition to the fee described by Subsection
1258	1258	(b)(3) an administrative fee adopted by board rule in an amount not
1259	1259	to exceed the direct and indirect cost to the department of
1260	1260	administering this section.
1261	1261	(d) A permit issued under this section:
1262	1262	(1) is valid for 24 hours;
1263	1263	(2) must be carried in the vehicle for which it is
1264	1264	issued; and
1265	1265	(3) may not be amended, corrected, or transferred.
1266	1266	(e) A vehicle operating under a permit issued under this
1267	1267	section may exceed the maximum allowable gross weight tolerance
1268	1268	allowance by not more than five percent, regardless of the weight of
1269	1269	any one axle or tandem axle, if no axle or tandem axle exceeds the
1270	1270	tolerance permitted by Subsection (a).
1271	1271	(f) When a person applies for a permit under this section,
1272	1272	the person must designate no more than five counties in which the
1273	1273	vehicle will be operated. A permit issued under this section does
1274	1274	not authorize the operation of the vehicle in a county that is not
1275	1275	designated in the application.
1276	1276	(g) Unless otherwise provided by state or federal law, a
1277	1277	county may not require a permit, fee, or license for the operation
1278	1278	of a vehicle holding a permit under this section.
1279	1279	(h) Of the fee collected under this section for a permit:
1280	1280	(1) 50 percent of the amount collected shall be
1281	1281	deposited to the credit of the state highway fund; and
1282	1282	(2) the other 50 percent shall be divided among and
1283	1283	distributed to the counties designated in permit applications under
1284	1284	Subsection (f) according to department rule.
1285	1285	(i) At least once each fiscal year, the comptroller shall
1286	1286	send the amount due each county under Subsection (h) to the county
1287	1287	treasurer or officer performing the function of that office for
1288	1288	deposit to the credit of the county road and bridge fund.
1289	1289	SECTION 84. Section 623.144, Transportation Code, is
1290	1290	amended to read as follows:
1291	1291	Sec. 623.144. REGISTRATION OF VEHICLE. [(a)] A person may
1292	1292	not operate a vehicle permitted under this subchapter on a public
1293	1293	highway unless the vehicle is registered under Chapter 502 for the
1294	1294	maximum gross weight applicable to the vehicle under Section
1295	1295	621.101 or has distinguishing [specialty] license plates as
1296	1296	provided by Section 502.146 if applicable to the vehicle.
1297	1297	[(b) The department may not issue specialty license plates
1298	1298	to a vehicle described by Section 502.146(b)(3) unless the
1299	1299	applicant complies with the requirements of that subsection.]
1300	1300	SECTION 85. Sections 623.271(a) and (e), Transportation
1301	1301	Code, are amended to read as follows:
1302	1302	(a) The department may investigate and, except as provided
1303	1303	by Subsection (f), may impose an administrative penalty, [or]
1304	1304	revoke an oversize or overweight permit issued under this chapter,
1305	1305	or revoke a motor carrier's registration, as provided by Section
1306	1306	643.252, if the person or the holder of the permit, as applicable:
1307	1307	(1) provides false information on the permit
1308	1308	application or another form required by the department for the
1309	1309	issuance of an oversize or overweight permit;
1310	1310	(2) violates this chapter, Chapter 621, or Chapter
1311	1311	622;
1312	1312	(3) violates a rule or order adopted under this
1313	1313	chapter, Chapter 621, or Chapter 622; or
1314	1314	(4) fails to obtain an oversize or overweight permit
1315	1315	if a permit is required.
1316	1316	(e) A person who has been ordered to pay an administrative
1317	1317	penalty under this section and the vehicle that is the subject of
1318	1318	the enforcement order may not be issued a permit under this chapter
1319	1319	or a registration, registration renewal, or reregistration of a
1320	1320	motor carrier's registration under Chapter 643 until the amount of
1321	1321	the penalty has been paid to the department.
1322	1322	SECTION 86. The heading to Section 623.272, Transportation
1323	1323	Code, is amended to read as follows:
1324	1324	Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
1325	1325	CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
1326	1326	SECTION 87. Section 623.272(a), Transportation Code, is
1327	1327	amended to read as follows:
1328	1328	(a) The department may investigate and impose an
1329	1329	administrative penalty on a shipper who:
1330	1330	(1) does not provide a shipper's certificate of weight
1331	1331	required under Section 623.274(b); or
1332	1332	(2) provides false information on a shipper's
1333	1333	certificate of weight that the shipper delivers to a person
1334	1334	transporting a shipment.
1335	1335	SECTION 88. Section 623.274, Transportation Code, is
1336	1336	amended by amending Subsection (b) and adding Subsection (c) to
1337	1337	read as follows:
1338	1338	(b) On the written request of the person transporting the
1339	1339	shipment, a [For a shipper's certificate of weight to be valid, the]
1340	1340	shipper must:
1341	1341	(1) certify that the information contained on the
1342	1342	certificate of weight [form] is accurate; and
1343	1343	(2) deliver the certificate of weight to the person
1344	1344	transporting the shipment [motor carrier or other person
1345	1345	transporting the shipment before the motor carrier or other person
1346	1346	applies for an overweight permit under this chapter].
1347	1347	(c) A person transporting a shipment must provide the
1348	1348	department with a copy of the certificate of weight before the
1349	1349	issuance of an overweight permit under this chapter if the combined
1350	1350	weight of the vehicle or vehicles and load is more than 200,000
1351	1351	pounds.
1352	1352	SECTION 89. Section 623.322, Transportation Code, as added
1353	1353	by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, Regular
1354	1354	Session, 2013, is amended by adding Subsections (c) and (d) to read
1355	1355	as follows:
1356	1356	(c) When the department issues a permit under this section,
1357	1357	the department shall issue a sticker to be placed on the front
1358	1358	windshield of the vehicle. The department shall design the form of
1359	1359	the sticker to aid in the enforcement of weight limits for vehicles.
1360	1360	(d) The sticker must:
1361	1361	(1) indicate the expiration date of the permit; and
1362	1362	(2) be removed from the vehicle when:
1363	1363	(A) the permit for operation of the vehicle
1364	1364	expires;
1365	1365	(B) a lease of the vehicle expires; or
1366	1366	(C) the vehicle is sold.
1367	1367	SECTION 90. Section 623.323(c), Transportation Code, as
1368	1368	added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature,
1369	1369	Regular Session, 2013, is amended to read as follows:
1370	1370	(c) A financially responsible party shall electronically
1371	1371	file the notification document described by Subsection (b) with the
1372	1372	department under rules adopted by the department not later than the
1373	1373	first [second] business day before the first business day listed by
1374	1374	the financially responsible party under Subsection (b)(5),
1375	1375	provided that the notification document must be filed not later
1376	1376	than 24 hours before the earliest time of operation listed by the
1377	1377	financially responsible party under Subsection (b)(5). The
1378	1378	department shall immediately send an electronic copy of the
1379	1379	notification document to each county identified in the notification
1380	1380	document and the Texas Department of Transportation and an
1381	1381	electronic receipt for the notification document to the financially
1382	1382	responsible party. Not later than the first business day listed by
1383	1383	the financially responsible party under Subsection (b)(5), a county
1384	1384	or the Texas Department of Transportation may inspect a road or
1385	1385	highway identified in the notification document. If an inspection
1386	1386	is conducted under this subsection, a county or the Texas
1387	1387	Department of Transportation shall:
1388	1388	(1) document the condition of the roads or highways
1389	1389	and take photographs of the roads or highways as necessary to
1390	1390	establish a baseline for any subsequent assessment of damage
1391	1391	sustained by the financially responsible party's use of the roads
1392	1392	or highways; and
1393	1393	(2) provide a copy of the documentation to the
1394	1394	financially responsible party.
1395	1395	SECTION 91. Sections 643.054(a-2) and (a-3),
1396	1396	Transportation Code, are amended to read as follows:
1397	1397	(a-2) The department may deny a registration if the
1398	1398	applicant [applicant's business] is owned, operated, managed, or
1399	1399	otherwise controlled by or affiliated with a person, including [the
1400	1400	applicant,] a [relative,] family member, corporate officer,
1401	1401	entity, or shareholder, that [whom] the Department of Public Safety
1402	1402	has determined has:
1403	1403	(1) an unsatisfactory safety rating under 49 C.F.R.
1404	1404	Part 385; or
1405	1405	(2) multiple violations of Chapter 644, a rule adopted
1406	1406	under that chapter, or Subtitle C.
1407	1407	(a-3) The department may deny a registration if the
1408	1408	applicant is owned, [a motor carrier whose business is] operated,
1409	1409	managed, or otherwise controlled by or affiliated with a person,
1410	1410	including a [an owner, relative,] family member, corporate officer,
1411	1411	entity, or shareholder, that [whom the Department of Public Safety
1412	1412	has determined has]:
1413	1413	(1) owned, operated, managed, or otherwise controlled
1414	1414	a motor carrier that the Federal Motor Carrier Safety
1415	1415	Administration has placed out of service for unacceptable safety
1416	1416	compliance [an unsatisfactory safety rating under 49 C.F.R. Part
1417	1417	385]; or
1418	1418	(2) has unpaid administrative penalties assessed
1419	1419	under this chapter or Subtitle E [multiple violations of Chapter
1420	1420	644, a rule adopted under that chapter, or Subtitle C].
1421	1421	SECTION 92. Section 643.056, Transportation Code, is
1422	1422	amended by adding Subsection (c) to read as follows:
1423	1423	(c) The department may deny a supplement to a motor
1424	1424	carrier's application for registration if the motor carrier is
1425	1425	owned, operated, managed, or otherwise controlled by or affiliated
1426	1426	with a person, including a family member, corporate officer,
1427	1427	entity, or shareholder, that has unpaid administrative penalties
1428	1428	assessed under this chapter or Subtitle E.
1429	1429	SECTION 93. Section 643.058, Transportation Code, is
1430	1430	amended by adding Subsections (d) and (e) to read as follows:
1431	1431	(d) A motor carrier may not renew a registration that has
1432	1432	been expired for more than 180 days. The motor carrier may obtain a
1433	1433	new registration by complying with the requirements and procedures
1434	1434	for obtaining an original registration under this chapter.
1435	1435	(e) The department may deny a motor carrier's application to
1436	1436	renew a registration if the motor carrier is owned, operated,
1437	1437	managed, or otherwise controlled by or affiliated with a person,
1438	1438	including a family member, corporate officer, entity, or
1439	1439	shareholder, that:
1440	1440	(1) the Department of Public Safety has determined
1441	1441	has:
1442	1442	(A) an unsatisfactory safety rating under 49
1443	1443	C.F.R. Part 385; or
1444	1444	(B) multiple violations of Chapter 644, a rule
1445	1445	adopted under that chapter, or Subtitle C;
1446	1446	(2) owned, operated, managed, or otherwise controlled
1447	1447	a motor carrier that the Federal Motor Carrier Safety
1448	1448	Administration has placed out of service for unacceptable safety
1449	1449	compliance; or
1450	1450	(3) has unpaid administrative penalties assessed
1451	1451	under this chapter or Subtitle E.
1452	1452	SECTION 94. Subchapter B, Chapter 643, Transportation Code,
1453	1453	is amended by adding Section 643.0585 to read as follows:
1454	1454	Sec. 643.0585. REREGISTRATION. (a) If a motor carrier's
1455	1455	registration has been suspended or revoked, the motor carrier may
1456	1456	apply to the department for reregistration not later than the 180th
1457	1457	day after the date the registration was suspended or revoked.
1458	1458	(b) An application for reregistration must be submitted on a
1459	1459	form prescribed by the department and accompanied by:
1460	1460	(1) a $10 fee for each vehicle requiring
1461	1461	reregistration;
1462	1462	(2) evidence of insurance or financial responsibility
1463	1463	as required by Section 643.103(a); and
1464	1464	(3) any insurance filing fee required under Section
1465	1465	643.103(c).
1466	1466	(c) The department may deny a motor carrier's application
1467	1467	for reregistration if the motor carrier is owned, operated,
1468	1468	managed, or otherwise controlled by or affiliated with a person,
1469	1469	including a family member, corporate officer, entity, or
1470	1470	shareholder, that:
1471	1471	(1) the Department of Public Safety has determined
1472	1472	has:
1473	1473	(A) an unsatisfactory safety rating under 49
1474	1474	C.F.R. Part 385; or
1475	1475	(B) multiple violations of Chapter 644, a rule
1476	1476	adopted under that chapter, or Subtitle C;
1477	1477	(2) owned, operated, managed, or otherwise controlled
1478	1478	a motor carrier that the Federal Motor Carrier Safety
1479	1479	Administration has placed out of service for unacceptable safety
1480	1480	compliance; or
1481	1481	(3) has unpaid administrative penalties assessed
1482	1482	under this chapter or Subtitle E.
1483	1483	SECTION 95. Section 643.059(c), Transportation Code, is
1484	1484	amended to read as follows:
1485	1485	(c) A motor carrier required to register under this
1486	1486	subchapter must keep a legible electronic or hard copy of the cab
1487	1487	card in the cab of each vehicle requiring registration the carrier
1488	1488	operates.
1489	1489	SECTION 96. Section 643.101(b), Transportation Code, is
1490	1490	amended to read as follows:
1491	1491	(b) Except as provided by this subsection and Section
1492	1492	643.1015, the department by rule may set the amount of liability
1493	1493	insurance required at an amount that does not exceed the amount
1494	1494	required for a motor carrier under a federal regulation adopted
1495	1495	under 49 U.S.C. Section 13906(a)(1). The department may determine
1496	1496	the amount if no amount is required under federal law or regulation.
1497	1497	In setting the amount the department shall consider:
1498	1498	(1) the class and size of the vehicle; and
1499	1499	(2) the persons or cargo being transported.
1500	1500	SECTION 97. Section 643.103(b), Transportation Code, is
1501	1501	amended to read as follows:
1502	1502	(b) A motor carrier shall keep evidence of insurance in a
1503	1503	form, including an electronic form, approved by the department in
1504	1504	the cab of each vehicle requiring registration the carrier
1505	1505	operates.
1506	1506	SECTION 98. Section 643.153(d), Transportation Code, is
1507	1507	amended to read as follows:
1508	1508	(d) A motor carrier that is required to register under
1509	1509	Subchapter B and that transports household goods shall file a
1510	1510	tariff with the department that establishes maximum charges for all
1511	1511	transportation services [between two or more municipalities]. A
1512	1512	motor carrier may comply with this requirement by filing, in a
1513	1513	manner determined by the department, a copy of the carrier's tariff
1514	1514	governing interstate transportation services [on a highway between
1515	1515	two or more municipalities]. The department shall make tariffs
1516	1516	filed under this subsection available for public inspection [at the
1517	1517	department].
1518	1518	SECTION 99. Section 643.252(a), Transportation Code, is
1519	1519	amended to read as follows:
1520	1520	(a) The department may suspend, revoke, or deny a
1521	1521	registration issued under this chapter or place on probation a
1522	1522	motor carrier whose registration is suspended if a motor carrier:
1523	1523	(1) fails to maintain insurance or evidence of
1524	1524	financial responsibility as required by Section 643.101(a), (b), or
1525	1525	(c)[, or (d)];
1526	1526	(2) fails to keep evidence of insurance in the cab of
1527	1527	each vehicle as required by Section 643.103(b);
1528	1528	(3) fails to register a vehicle requiring
1529	1529	registration;
1530	1530	(4) violates any other provision of this chapter or
1531	1531	Chapter 621, 622, or 623;
1532	1532	(5) knowingly provides false information on any form
1533	1533	filed with the department under this chapter or Chapter 621, 622, or
1534	1534	623; [or]
1535	1535	(6) violates a rule or order adopted under this
1536	1536	chapter or Chapter 621, 622, or 623; or
1537	1537	(7) is owned, operated, managed, or otherwise
1538	1538	controlled by or affiliated with a person, including a family
1539	1539	member, corporate officer, entity, or shareholder:
1540	1540	(A) whose registration has previously been
1541	1541	revoked or denied; or
1542	1542	(B) that has unpaid administrative penalties
1543	1543	assessed under this chapter or Subtitle E.
1544	1544	SECTION 100. Sections 643.2525(k) and (l), Transportation
1545	1545	Code, are amended to read as follows:
1546	1546	(k) If the motor carrier is required to pay a penalty or cost
1547	1547	under Subsection (f), failure to pay the penalty or cost before the
1548	1548	61st day after the date the requirement becomes final is a violation
1549	1549	of this chapter and may result in an additional penalty, revocation
1550	1550	or suspension of a motor carrier registration, or denial [of
1551	1551	renewal] of a motor carrier registration renewal or reregistration.
1552	1552	(l) A motor carrier that is required to pay a penalty, cost,
1553	1553	fee, or expense under this section or Section 643.251 is not
1554	1554	eligible for a registration, reregistration, [reinstatement] or
1555	1555	registration renewal [of a registration] under this chapter until
1556	1556	all required amounts have been paid to the department.
1557	1557	SECTION 101. The heading to Section 643.2526,
1558	1558	Transportation Code, is amended to read as follows:
1559	1559	Sec. 643.2526. APPEAL OF DENIAL OF REGISTRATION, RENEWAL,
1560	1560	OR REREGISTRATION [REINSTATEMENT].
1561	1561	SECTION 102. Section 643.2526(a), Transportation Code, is
1562	1562	amended to read as follows:
1563	1563	(a) Notwithstanding any other law, a denial of an
1564	1564	application for registration, renewal of registration, or
1565	1565	reregistration [reinstatement of registration] under this chapter
1566	1566	is not required to be preceded by notice and an opportunity for
1567	1567	hearing.
1568	1568	SECTION 103. Section 643.253(a), Transportation Code, is
1569	1569	amended to read as follows:
1570	1570	(a) A person commits an offense if the person fails to:
1571	1571	(1) register as required by Subchapter B;
1572	1572	(2) maintain insurance or evidence of financial
1573	1573	responsibility as required by Subchapter C; or
1574	1574	(3) keep a cab card in the cab of a vehicle as required
1575	1575	by Section 643.059 or comply with an alternative method to the cab
1576	1576	card established by the department under Section 643.059(e).
1577	1577	SECTION 104. The heading to Chapter 645, Transportation
1578	1578	Code, is amended to read as follows:
1579	1579	CHAPTER 645. UNIFIED CARRIER [SINGLE STATE] REGISTRATION
1580	1580	SECTION 105. Section 645.001, Transportation Code, is
1581	1581	amended to read as follows:
1582	1582	Sec. 645.001. FEDERAL UNIFIED [MOTOR] CARRIER
1583	1583	REGISTRATION; DEFINITION. (a) In this chapter, "unified carrier
1584	1584	registration plan and agreement" means the federal unified carrier
1585	1585	registration plan and agreement provided by 49 U.S.C. Section
1586	1586	14504a.
1587	1587	(b) The Texas Department of Motor Vehicles may, to the
1588	1588	fullest extent practicable, participate in [a federal motor carrier
1589	1589	registration program under] the unified carrier registration plan
1590	1590	and agreement [system as defined by Section 643.001 or a single
1591	1591	state registration system established under federal law].
1592	1592	SECTION 106. Section 645.002(b), Transportation Code, is
1593	1593	amended to read as follows:
1594	1594	(b) The department may adopt rules regarding the method of
1595	1595	payment of a fee required under the unified carrier registration
1596	1596	plan and agreement [this chapter]. The rules may:
1597	1597	(1) authorize the use of an escrow account described
1598	1598	by Subsection (c), an electronic funds transfer, or a valid credit
1599	1599	card issued by a financial institution chartered by a state or the
1600	1600	United States or by a nationally recognized credit organization
1601	1601	approved by the department; and
1602	1602	(2) require the payment of a discount or service
1603	1603	charge for a credit card payment in addition to the fee.
1604	1604	SECTION 107. Section 645.003, Transportation Code, is
1605	1605	amended to read as follows:
1606	1606	Sec. 645.003. ENFORCEMENT RULES. (a) The department may
1607	1607	[shall] adopt rules [that are consistent with federal law]
1608	1608	providing for administrative penalties [and sanctions] for a
1609	1609	failure to register or submit information and documents under [as
1610	1610	required by] the unified carrier registration plan and agreement
1611	1611	[system or single state registration system] or for a violation of
1612	1612	the unified carrier registration plan and agreement [this chapter
1613	1613	or a rule adopted under this chapter in the same manner as
1614	1614	Subchapter F, Chapter 643].
1615	1615	(b) The notice, hearing, and other procedural requirements
1616	1616	of Section 643.2525 apply to the imposition of an administrative
1617	1617	penalty under this section as if the action were being taken under
1618	1618	that section.
1619	1619	(c) The amount of an administrative penalty imposed under
1620	1620	this section is calculated in the same manner as the amount of an
1621	1621	administrative penalty imposed under Section 643.251.
1622	1622	SECTION 108. Sections 645.004(a) and (c), Transportation
1623	1623	Code, are amended to read as follows:
1624	1624	(a) A person commits an offense if the person fails to:
1625	1625	(1) [violates a rule adopted under this chapter; or
1626	1626	[(2) fails to] register as required by the unified
1627	1627	carrier registration plan and agreement; or
1628	1628	(2) submit information and documents as required by
1629	1629	the unified carrier registration plan and agreement [a vehicle
1630	1630	required to be registered under this chapter].
1631	1631	(c) Each day a violation [of a rule] occurs is a separate
1632	1632	offense under this section.
1633	1633	SECTION 109. Section 646.001(2), Transportation Code, is
1634	1634	amended to read as follows:
1635	1635	(2) "Motor transportation broker" means a person who:
1636	1636	(A) sells, offers for sale, provides, or
1637	1637	negotiates for the transportation of cargo by a motor carrier
1638	1638	registered under Chapter 643 that is operated by another person; or
1639	1639	(B) aids or abets a person in performing an act
1640	1640	described by Paragraph (A).
1641	1641	SECTION 110. Section 646.002, Transportation Code, is
1642	1642	amended to read as follows:
1643	1643	Sec. 646.002. EXCEPTION. This chapter does not apply to a
1644	1644	motor transportation broker who:
1645	1645	(1) is registered as a motor carrier under Chapter
1646	1646	643; or
1647	1647	(2) is registered as a motor carrier or broker under
1648	1648	Chapter 139, [holds a permit issued under] Subtitle IV, Title 49,
1649	1649	United States Code.
1650	1650	SECTION 111. Section 646.003(b), Transportation Code, is
1651	1651	amended to read as follows:
1652	1652	(b) The bond must be in an amount of at least $75,000
1653	1653	[$10,000] and must be:
1654	1654	(1) executed by a bonding company authorized to do
1655	1655	business in this state;
1656	1656	(2) payable to this state or a person to whom the motor
1657	1657	transportation broker provides services; and
1658	1658	(3) conditioned on the performance of the contract for
1659	1659	transportation services between the broker and the person for whom
1660	1660	services are provided.
1661	1661	SECTION 112. Section 1001.023(b), Transportation Code, is
1662	1662	amended to read as follows:
1663	1663	(b) The chair shall:
1664	1664	(1) preside over board meetings, make rulings on
1665	1665	motions and points of order, and determine the order of business;
1666	1666	(2) represent the department in dealing with the
1667	1667	governor;
1668	1668	(3) report to the governor on the state of affairs of
1669	1669	the department at least annually [quarterly];
1670	1670	(4) report to the board the governor's suggestions for
1671	1671	department operations;
1672	1672	(5) report to the governor on efforts, including
1673	1673	legislative requirements, to maximize the efficiency of department
1674	1674	operations through the use of private enterprise;
1675	1675	(6) periodically review the department's
1676	1676	organizational structure and submit recommendations for structural
1677	1677	changes to the governor, the board, and the Legislative Budget
1678	1678	Board;
1679	1679	(7) designate at least one employee of the department
1680	1680	as a civil rights officer of the department and receive regular
1681	1681	reports from the officer or officers on the department's efforts to
1682	1682	comply with civil rights legislation and administrative rules;
1683	1683	(8) create subcommittees, appoint board members to
1684	1684	subcommittees, and receive the reports of subcommittees to the
1685	1685	board as a whole;
1686	1686	(9) appoint a member of the board to act in the absence
1687	1687	of the chair and vice chair; and
1688	1688	(10) serve as the departmental liaison with the
1689	1689	governor and the Office of State-Federal Relations to maximize
1690	1690	federal funding for transportation.
1691	1691	SECTION 113. The following laws are repealed:
1692	1692	(1) Sections 2301.005(d) and (e), Occupations Code;
1693	1693	and
1694	1694	(2) Sections 502.1585, 503.001(2), 504.202(i),
1695	1695	621.203(c) and (d), 643.001(7-a), 643.064(a), and 645.002(a),
1696	1696	Transportation Code.
1697	1697	SECTION 114. (a) The changes in law made by this Act apply
1698	1698	only to an offense or violation committed on or after the effective
1699	1699	date of this Act. An offense or violation committed before the
1700	1700	effective date of this Act is governed by the law in effect on the
1701	1701	date the offense or violation was committed, and the former law is
1702	1702	continued in effect for that purpose. For purposes of this section,
1703	1703	an offense or violation was committed before the effective date of
1704	1704	this Act if any element of the offense or violation occurred before
1705	1705	that date.
1706	1706	(b) The changes in law made by this Act relating to a
1707	1707	complaint or protest filed or a hearing held under Chapter 2301,
1708	1708	Occupations Code, or Chapter 501, Transportation Code, apply only
1709	1709	to a complaint or protest filed or hearing held under those chapters
1710	1710	on or after the effective date of this Act. A complaint or protest
1711	1711	filed or hearing held before that date is governed by the law as it
1712	1712	existed immediately before the effective date of this Act, and that
1713	1713	law is continued in effect for that purpose.
1714	1714	(c) The changes in law made by this Act relating to an
1715	1715	application filed under Chapter 2301, Occupations Code, or Chapters
1716	1716	501, 502, 503, 623, and 643, Transportation Code, apply only to an
1717	1717	application filed under those chapters on or after the effective
1718	1718	date of this Act. An application filed before that date is governed
1719	1719	by the law in effect on the date the application was filed, and the
1720	1720	former law is continued in effect for that purpose.
1721	1721	SECTION 115. To the extent of any conflict, this Act
1722	1722	prevails over another Act of the 84th Legislature, Regular Session,
1723	1723	2015, relating to nonsubstantive additions to and corrections in
1724	1724	enacted codes.
1725	1725	SECTION 116. (a) Except as provided by Subsection (b) of
1726	1726	this section, this Act takes effect September 1, 2015.
1727	1727	(b) Sections 501.134(b) and (c), Transportation Code, as
1728	1728	amended by this Act, take effect January 1, 2017.
1729	1729	* * * * *