Texas 2017 - 85th Regular

Texas House Bill HB3410 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5345 JXC-D
2	2	By: Israel H.B. No. 3410
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to Texas Department of Motor Vehicles and county tax
8	8	assessor-collector vehicle titling and registration duties and
9	9	fees associated with those duties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 502.040, Transportation Code, is amended
12	12	by adding Subsection (e) to read as follows:
13	13	(e) With the approval of the commissioners court of a
14	14	county, a county assessor-collector may contract with a private
15	15	entity to enable an applicant for registration to use an electronic
16	16	off-premises location.
17	17	SECTION 2. Section 502.042, Transportation Code, is amended
18	18	to read as follows:
19	19	Sec. 502.042. TITLE REQUIRED FOR REGISTRATION. The
20	20	department or a county assessor-collector may not register or renew
21	21	the registration of a motor vehicle for which a title is required
22	22	under Chapter 501 unless the owner:
23	23	(1) obtains a title for the vehicle; or
24	24	(2) presents satisfactory evidence that a title was
25	25	previously issued to the owner by the department or another
26	26	jurisdiction.
27	27	SECTION 3. Sections 502.044(d) and (e), Transportation
28	28	Code, are amended to read as follows:
29	29	(d) The department or a county assessor-collector shall
30	30	issue a registration receipt and registration insignia that are
31	31	valid until the expiration of the designated period.
32	32	(e) The department or a county assessor-collector shall use
33	33	the date of sale of the vehicle in designating the registration year
34	34	for a vehicle for which registration is applied for under Section
35	35	501.0234.
36	36	SECTION 4. Subchapter B, Chapter 502, Transportation Code,
37	37	is amended by adding Section 502.0441 to read as follows:
38	38	Sec. 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC
39	39	SYSTEM. (a) The department may designate an electronic system for
40	40	registration renewal applications.
41	41	(b) If the department designates an electronic system, each
42	42	county assessor-collector shall:
43	43	(1) use the system to receive registration renewal
44	44	applications for vehicles that are not required by this chapter to
45	45	be registered directly by the department;
46	46	(2) review and process the applications; and
47	47	(3) mail to an applicant for renewed registration in
48	48	the assessor-collector's county the registration receipt or
49	49	insignia issued to the applicant.
50	50	SECTION 5. Section 502.048, Transportation Code, is amended
51	51	to read as follows:
52	52	Sec. 502.048. REFUSAL TO REGISTER UNSAFE VEHICLE. The
53	53	department or a county assessor-collector may refuse to register a
54	54	motor vehicle and the department may cancel, suspend, or revoke a
55	55	registration if the department determines that a motor vehicle is
56	56	unsafe, improperly equipped, or otherwise unfit to be operated on a
57	57	public highway.
58	58	SECTION 6. Sections 502.059(b), (c), and (d),
59	59	Transportation Code, are amended to read as follows:
60	60	(b) On application and payment of the prescribed fee for a
61	61	renewal of the registration of a vehicle through the period set by
62	62	rule, the department or the county assessor-collector that receives
63	63	the application shall issue a registration insignia for the
64	64	validation of the license plate or plates to be attached as provided
65	65	by Subsection (c).
66	66	(c) Except as provided by Subsection (f), the registration
67	67	insignia for validation of a license plate shall be attached to the
68	68	inside of the vehicle's windshield, if the vehicle has a
69	69	windshield, in the lower left corner in a manner that will not
70	70	obstruct the vision of the driver. The owner of a vehicle that does
71	71	not have a windshield shall indicate on the registration or renewal
72	72	application that [If] the vehicle does not have a windshield[, the
73	73	owner, when applying for registration or renewal of registration,
74	74	shall notify the department], and the department or the county
75	75	assessor-collector that receives the application shall issue a
76	76	distinctive device for attachment to the rear license plate of the
77	77	vehicle.
78	78	(d) The department by rule [Department rules] may adopt
79	79	[provide for the use of] an automated registration process that a
80	80	county assessor-collector may adopt for the assessor-collector's
81	81	county, including:
82	82	(1) the automated on-site production of registration
83	83	insignia; and
84	84	(2) automated on-premises and off-premises
85	85	self-service registration.
86	86	SECTION 7. Section 502.094(a), Transportation Code, is
87	87	amended to read as follows:
88	88	(a) The department or a county assessor-collector may issue
89	89	a temporary registration permit in lieu of registration for a
90	90	commercial motor vehicle, trailer, semitrailer, or motor bus that:
91	91	(1) is owned by a resident of the United States,
92	92	Canada, or the United Mexican States;
93	93	(2) is subject to registration in this state; and
94	94	(3) is not authorized to travel on a public highway
95	95	because of the lack of registration in this state or the lack of
96	96	reciprocity with the state or province in which the vehicle is
97	97	registered.
98	98	SECTION 8. Sections 502.095(a) and (d), Transportation
99	99	Code, are amended to read as follows:
100	100	(a) The department or a county assessor-collector may issue
101	101	a temporary permit in lieu of registration for a vehicle subject to
102	102	registration in this state that is not authorized to travel on a
103	103	public highway because of the lack of registration in this state or
104	104	the lack of reciprocity with the state or country in which the
105	105	vehicle is registered.
106	106	(d) A 30-day permit may be issued only to a passenger
107	107	vehicle, a private bus, a trailer or semitrailer with a gross weight
108	108	of not more than 10,000 pounds, a light truck, or a light commercial
109	109	vehicle with a gross vehicle weight of more than 10,000 pounds that
110	110	will operate unladen. A person may obtain multiple 30-day permits.
111	111	A [The department may issue a] single registration receipt may be
112	112	issued to apply to all of the periods for which the vehicle is
113	113	registered.
114	114	SECTION 9. Section 502.146(a), Transportation Code, is
115	115	amended to read as follows:
116	116	(a) The department or a county assessor-collector shall
117	117	issue specialty license plates to a vehicle described by Subsection
118	118	(b) or (c). The fee for the license plates is $5 and shall be
119	119	deposited to the credit of the Texas Department of Motor Vehicles
120	120	fund.
121	121	SECTION 10. Section 502.1911, Transportation Code, is
122	122	amended by amending Subsections (b) and (c) and adding Subsection
123	123	(d) to read as follows:
124	124	(b) The board by rule shall set the fee in an amount that:
125	125	(1) includes the fee established under Section
126	126	502.356(a); and
127	127	(2) is sufficient to cover the expenses associated
128	128	with collecting registration fees by:
129	129	(A) the department;
130	130	(B) a county tax assessor-collector;
131	131	(C) a private entity with which a county tax
132	132	assessor-collector contracts under Section 502.040(e) [502.197];
133	133	or
134	134	(D) a deputy assessor-collector that is
135	135	deputized in accordance with board rule under Section 520.0071.
136	136	(c) The county tax assessor-collector, a private entity
137	137	with which a county tax assessor-collector contracts under Section
138	138	502.040(e) [502.197], or a deputy assessor-collector may retain a
139	139	portion of the fee [collected under Subsection (b)] as provided by
140	140	board rule. Remaining amounts collected under this section shall
141	141	be deposited to the credit of the Texas Department of Motor Vehicles
142	142	fund.
143	143	(d) The rules adopted under this section must allow a county
144	144	tax assessor-collector to retain a service charge of at least $1.50
145	145	for each application submitted to the assessor-collector by mail.
146	146	The retained service charge shall be used to pay the costs of
147	147	handling and postage to mail the registration receipt and insignia
148	148	to the applicant.
149	149	SECTION 11. Sections 502.195(b) and (c), Transportation
150	150	Code, are amended to read as follows:
151	151	(b) The department or the county assessor-collector who
152	152	collects the excessive fee shall refund an overcharge on
153	153	presentation to the department or assessor-collector of
154	154	satisfactory evidence of the overcharge not later than the first
155	155	anniversary of the date the excessive registration fee was paid.
156	156	(c) A refund shall be paid from the fund in which the
157	157	department's or county's share of registration fees is deposited,
158	158	as applicable.
159	159	SECTION 12. Section 502.434(e), Transportation Code, is
160	160	amended to read as follows:
161	161	(e) The department shall design and [,] prescribe, and the
162	162	department or a county assessor-collector shall furnish, a sticker,
163	163	plate, or other means of indicating the additional weight and the
164	164	registration period for each vehicle registered under this section.
165	165	SECTION 13. Section 502.451(a), Transportation Code, is
166	166	amended to read as follows:
167	167	(a) Before license plates are issued or delivered to the
168	168	owner of a vehicle that is exempt by law from payment of
169	169	registration fees, the department or a county assessor-collector
170	170	must approve the application for registration. The department or
171	171	assessor-collector may not approve an application if there is the
172	172	appearance that:
173	173	(1) the vehicle was transferred to the owner or
174	174	purported owner:
175	175	(A) for the sole purpose of evading the payment
176	176	of registration fees; or
177	177	(B) in bad faith; or
178	178	(2) the vehicle is not being used in accordance with
179	179	the exemption requirements.
180	180	SECTION 14. Section 502.471(b), Transportation Code, is
181	181	amended to read as follows:
182	182	(b) This section does not apply to a violation of Section
183	183	502.003, 502.042, [502.197,] or 502.431.
184	184	SECTION 15. Sections 502.473(a), (b), and (d),
185	185	Transportation Code, are amended to read as follows:
186	186	(a) A person commits an offense if the person operates on a
187	187	public highway during a registration period a motor vehicle that
188	188	does not properly display the registration insignia issued by the
189	189	department or a county assessor-collector that establishes that the
190	190	license plates have been validated for the period.
191	191	(b) A person commits an offense if the person operates on a
192	192	public highway during a registration period a road tractor,
193	193	motorcycle, trailer, or semitrailer that does not display a
194	194	registration insignia issued by the department or a county
195	195	assessor-collector that establishes that the vehicle is registered
196	196	for the period.
197	197	(d) A court may dismiss a charge brought under Subsection
198	198	(a) if the defendant pays an administrative fee not to exceed $10
199	199	and:
200	200	(1) remedies the defect before the defendant's first
201	201	court appearance; or
202	202	(2) shows that the motor vehicle was issued a
203	203	registration insignia by the department or a county
204	204	assessor-collector that was attached to the motor vehicle,
205	205	establishing that the vehicle was registered for the period during
206	206	which the offense was committed.
207	207	SECTION 16. Section 520.0071, Transportation Code, is
208	208	amended by amending Subsection (a) and adding Subsection (c) to
209	209	read as follows:
210	210	(a) The board by rule shall prescribe:
211	211	(1) the classification types of deputies performing
212	212	titling and registration duties;
213	213	(2) the duties and obligations of deputies;
214	214	(3) the type and amount of any bonds that may be
215	215	required by a county assessor-collector for a deputy to perform
216	216	titling and registration duties; and
217	217	(4) except as provided by Subsection (c), the fees
218	218	that may be charged or retained by deputies.
219	219	(c) A county assessor-collector that deputizes an
220	220	individual or business under this section may authorize the deputy
221	221	to charge or retain a fee in addition to fees authorized under
222	222	Chapter 501 or 502 in an amount to be determined by the
223	223	assessor-collector.
224	224	SECTION 17. Sections 348.005 and 353.006, Finance Code, are
225	225	amended to read as follows:
226	226	Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
227	227	installment contract is an itemized charge if the amount is not
228	228	included in the cash price and is the amount of:
229	229	(1) fees for registration, certificate of title, and
230	230	license and any additional registration fees charged by a deputy as
231	231	authorized [by rules adopted] under Section 520.0071,
232	232	Transportation Code;
233	233	(2) any taxes;
234	234	(3) fees or charges prescribed by law and connected
235	235	with the sale or inspection of the motor vehicle; and
236	236	(4) charges authorized for insurance, service
237	237	contracts, warranties, automobile club memberships, or a debt
238	238	cancellation agreement by Subchapter C.
239	239	Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
240	240	installment contract is an itemized charge if the amount is not
241	241	included in the cash price and is the amount of:
242	242	(1) fees for registration, certificate of title, and
243	243	license and any additional registration fees charged by a deputy as
244	244	authorized [by rules adopted] under Section 520.0071,
245	245	Transportation Code;
246	246	(2) any taxes;
247	247	(3) fees or charges prescribed by law and connected
248	248	with the sale or inspection of the commercial vehicle;
249	249	(4) charges authorized for insurance, service
250	250	contracts, and warranties by Subchapter C; and
251	251	(5) advances or payments authorized under Section
252	252	353.402(b) or (c) made by the retail seller to or for the benefit of
253	253	the retail buyer.
254	254	SECTION 18. Sections 502.197 and 520.005(d),
255	255	Transportation Code, are repealed.
256	256	SECTION 19. This Act takes effect September 1, 2017.