Texas 2017 - 85th Regular

Texas House Bill HB3678 Compare Versions

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

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1	1	85R12467 JAM-D
2	2	By: Swanson H.B. No. 3678
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the registration and inspection periods for motor
8	8	vehicles.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 382.0622(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) Clean Air Act fees consist of:
13	13	(1) fees collected by the commission under Sections
14	14	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
15	15	by law;
16	16	(2) $2 from the portion of each fee collected for
17	17	inspections of vehicles other than mopeds and remitted to the state
18	18	under Section [Sections] 548.501 [and 548.503], Transportation
19	19	Code; and
20	20	(3) fees collected that are required under Section 185
21	21	of the federal Clean Air Act (42 U.S.C. Section 7511d).
22	22	SECTION 2. Section 502.001(5), Transportation Code, is
23	23	amended to read as follows:
24	24	(5) "Combined gross weight" means the empty weight of
25	25	the truck-tractor or commercial motor vehicle combined with the
26	26	empty weight of the heaviest semitrailer used or to be used in
27	27	combination with the truck-tractor or commercial motor vehicle plus
28	28	the heaviest net load to be carried on the combination during the
29	29	registration period [year].
30	30	SECTION 3. Sections 502.0023(a) and (d), Transportation
31	31	Code, are amended to read as follows:
32	32	(a) Notwithstanding Section 502.044(c), the department
33	33	shall develop and implement a system of registration to allow an
34	34	owner of a commercial fleet to register the motor vehicles,
35	35	semitrailers, and trailers in the commercial fleet for an extended
36	36	registration period of not less than three years [one year] or more
37	37	than nine [eight] years. The owner may select the number of years
38	38	for registration under this section within that range and register
39	39	the commercial fleet for that period. Payment for all registration
40	40	fees for the entire registration period selected is due at the time
41	41	of registration.
42	42	(d) A license plate issued under this section:
43	43	(1) may, on request of the owner, include the name or
44	44	logo of the business entity that owns the vehicle;
45	45	(2) except as provided by Subsection (d-1), must
46	46	include the expiration date of the registration period; and
47	47	(3) does not require a triennial [an annual]
48	48	registration insignia to be valid.
49	49	SECTION 4. Section 502.040(a), Transportation Code, is
50	50	amended to read as follows:
51	51	(a) Not more than 30 days after purchasing a vehicle or
52	52	becoming a resident of this state, the owner of a motor vehicle,
53	53	trailer, or semitrailer shall apply for the registration of the
54	54	vehicle for:
55	55	(1) each registration period [year] in which the
56	56	vehicle is used or to be used on a public highway; and
57	57	(2) if the vehicle is unregistered for a registration
58	58	period [year] that has begun and that applies to the vehicle and if
59	59	the vehicle is used or to be used on a public highway, the remaining
60	60	portion of that registration period [year].
61	61	SECTION 5. Sections 502.044(a), (b), (c), and (e),
62	62	Transportation Code, are amended to read as follows:
63	63	(a) The department shall designate a vehicle registration
64	64	period [year] of 36 [12] consecutive months to begin on the first
65	65	day of a calendar month and end on the last day of the 36th [12th]
66	66	calendar month.
67	67	(b) The department shall designate vehicle registration
68	68	years so as to distribute the work of the department and the county
69	69	assessor-collectors as uniformly as possible throughout the year.
70	70	The department may establish separate registration periods [years]
71	71	for any vehicle or classification of vehicle and may adopt rules to
72	72	administer the year-round registration system.
73	73	(c) The department may designate a registration period of
74	74	less than 36 [12] months to be computed at a rate of 1/36
75	75	[one-twelfth] the triennial [annual] registration fee multiplied
76	76	by the number of months in the registration period. The board by
77	77	rule may allow payment of registration fees for a designated period
78	78	not to exceed the amount of time determined by department rule.
79	79	(e) The department shall use the date of sale of the vehicle
80	80	in designating the registration period [year] for a vehicle for
81	81	which registration is applied for under Section 501.0234.
82	82	SECTION 6. Sections 502.045(b), (c), and (d),
83	83	Transportation Code, are amended to read as follows:
84	84	(b) An applicant for registration who provides evidence to
85	85	establish good reason for delinquent registration and who complies
86	86	with the other requirements for registration under this chapter may
87	87	register the vehicle for a 36-month [12-month] period that ends on
88	88	the last day of the 35th [11th] month after the month in which the
89	89	registration occurs under this subsection.
90	90	(c) An applicant for registration who is delinquent and has
91	91	not provided evidence acceptable to establish good reason for
92	92	delinquent registration but who complies with the other
93	93	requirements for registration under this chapter shall register the
94	94	vehicle for a 36-month [12-month] period without changing the
95	95	initial month of registration.
96	96	(d) A person who has been arrested or received a citation
97	97	for a violation of Section 502.472 may register the vehicle being
98	98	operated at the time of the offense for a 36-month [12-month] period
99	99	without change to the initial month of registration only if the
100	100	person:
101	101	(1) meets the other requirements for registration
102	102	under this chapter; and
103	103	(2) pays an additional charge equal to 20 percent of
104	104	the prescribed fee.
105	105	SECTION 7. Sections 502.092(d) and (e), Transportation
106	106	Code, are amended to read as follows:
107	107	(d) A nonresident owner may not obtain more than three
108	108	permits under this section during a calendar [registration] year.
109	109	(e) A vehicle for which a permit is issued under this
110	110	section may not be operated in this state after the permit expires
111	111	unless the owner:
112	112	(1) obtains another temporary permit; or
113	113	(2) registers the vehicle under Section 502.253,
114	114	502.254, 502.255, or 502.256, as appropriate, for the remainder of
115	115	the registration period [year].
116	116	SECTION 8. Section 502.093(b), Transportation Code, is
117	117	amended to read as follows:
118	118	(b) A permit issued under this section is valid for 12
119	119	months [a vehicle registration year] to begin on the first day of a
120	120	calendar month designated by the department and end on the last day
121	121	of the 11th [last] calendar month [of the registration year].
122	122	SECTION 9. Sections 502.1585(c) and (d), Transportation
123	123	Code, are amended to read as follows:
124	124	(c) A registration period designated under this section
125	125	must begin on the first day of a calendar month and end on the last
126	126	day of a calendar month and may not be for less than 36 [12] months.
127	127	(d) The registration fee for a registration period
128	128	designated under this section is computed at a rate of 1/36
129	129	[one-twelfth] the triennial [annual] registration fee multiplied
130	130	by the number of months in the designated registration period.
131	131	SECTION 10. Section 502.168, Transportation Code, is
132	132	amended to read as follows:
133	133	Sec. 502.168. FEE: MOTOR BUS. The fee for a registration
134	134	period [year] for registration of a motor bus is the fee prescribed
135	135	by Section 502.252 or 502.253, as applicable.
136	136	SECTION 11. Section 502.193(a), Transportation Code, is
137	137	amended to read as follows:
138	138	(a) A county assessor-collector who receives from any
139	139	person a check or draft for payment of a registration fee for a
140	140	registration period [year] that has not ended that is returned
141	141	unpaid because of insufficient funds or no funds in the bank or
142	142	trust company to the credit of the drawer of the check or draft
143	143	shall certify the fact to the sheriff or a constable or highway
144	144	patrol officer in the county after attempts to contact the person
145	145	fail to result in the collection of payment. The certification must
146	146	be made before the 30th day after the date the check or draft is
147	147	returned unpaid and:
148	148	(1) be under the assessor-collector's official seal;
149	149	(2) include the name and address of the person who gave
150	150	the check or draft;
151	151	(3) include the license plate number and make of the
152	152	vehicle;
153	153	(4) be accompanied by the check or draft; and
154	154	(5) be accompanied by documentation of any attempt to
155	155	contact the person and collect payment.
156	156	SECTION 12. Section 502.1931(a), Transportation Code, is
157	157	amended to read as follows:
158	158	(a) A county assessor-collector who receives from any
159	159	person a payment by credit card or debit card for a registration fee
160	160	for a registration period [year] that has not ended that is returned
161	161	unpaid because the payment by the credit card or debit card has been
162	162	disputed by the credit card or debit card company shall certify the
163	163	fact to the sheriff or a constable or highway patrol officer in the
164	164	county after attempts to contact the person fail to result in the
165	165	collection of payment. The certification must be made before the
166	166	30th day after the date the assessor-collector is made aware that
167	167	the credit card or debit card payment has been disputed and:
168	168	(1) be under the assessor-collector's official seal;
169	169	(2) include the name and address of the person who
170	170	authorized the credit card or debit card payment;
171	171	(3) include the license plate number and make of the
172	172	vehicle;
173	173	(4) be accompanied by evidence from the credit card or
174	174	debit card company that the company has determined that it will not
175	175	make payment on the disputed credit card or debit card charge; and
176	176	(5) be accompanied by documentation of any attempt to
177	177	contact the person and collect payment.
178	178	SECTION 13. Section 502.194, Transportation Code, is
179	179	amended to read as follows:
180	180	Sec. 502.194. CREDIT FOR REGISTRATION FEE PAID ON MOTOR
181	181	VEHICLE SUBSEQUENTLY DESTROYED. (a) The owner of a motor vehicle
182	182	that is destroyed to the extent that it cannot afterwards be
183	183	operated on a public highway is entitled to a registration fee
184	184	credit if the prorated portion of the registration fee for the
185	185	remainder of the registration period [year] is more than $15. The
186	186	owner must claim the credit by sending the registration fee receipt
187	187	for the vehicle to the department.
188	188	(b) The department, on satisfactory proof that the vehicle
189	189	is destroyed, shall issue a registration fee credit slip to the
190	190	owner in an amount equal to the prorated portion of the registration
191	191	fee for the remainder of the registration period [year]. The owner,
192	192	during the same or the next registration period [year], may use the
193	193	registration fee credit slip as payment or part payment for the
194	194	registration of another vehicle to the extent of the credit.
195	195	SECTION 14. Section 502.195(a), Transportation Code, is
196	196	amended to read as follows:
197	197	(a) The owner of a motor vehicle who pays a [an annual]
198	198	registration fee in excess of the statutory amount is entitled to a
199	199	refund of the overcharge.
200	200	SECTION 15. Section 502.251, Transportation Code, is
201	201	amended to read as follows:
202	202	Sec. 502.251. FEE: MOTORCYCLE OR MOPED. The fee for a
203	203	registration period [year] for registration of a motorcycle or
204	204	moped is $30.
205	205	SECTION 16. Section 502.252, Transportation Code, is
206	206	amended to read as follows:
207	207	Sec. 502.252. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR
208	208	LESS. [(a)] The fee for a registration period [year] for
209	209	registration of a vehicle with a gross weight of 6,000 pounds or
210	210	less is $50.75, unless otherwise provided in this chapter.
211	211	SECTION 17. Section 502.253, Transportation Code, is
212	212	amended to read as follows:
213	213	Sec. 502.253. FEE: VEHICLES THAT WEIGH MORE THAN 6,000
214	214	POUNDS. The fee for a registration period [year] for registration
215	215	of a vehicle with a gross weight of more than 6,000 pounds is as
216	216	follows unless otherwise provided in this chapter:
217	217	Weight Classification Fee Schedule Weight Classification Fee Schedule
218	218	Weight Classification Fee Schedule
219	219	in pounds in pounds
220	220	in pounds
221	221	6,001-10,000 $54.00 6,001-10,000 $54.00
222	222	6,001-10,000 $54.00
223	223	10,001-18,000 $110.00 10,001-18,000 $110.00
224	224	10,001-18,000 $110.00
225	225	18,001-25,999 $205.00 18,001-25,999 $205.00
226	226	18,001-25,999 $205.00
227	227	26,000-40,000 $340.00 26,000-40,000 $340.00
228	228	26,000-40,000 $340.00
229	229	40,001-54,999 $535.00 40,001-54,999 $535.00
230	230	40,001-54,999 $535.00
231	231	55,000-70,000 $740.00 55,000-70,000 $740.00
232	232	55,000-70,000 $740.00
233	233	70,001-80,000 $840.00 70,001-80,000 $840.00
234	234	70,001-80,000 $840.00
235	235	SECTION 18. Section 502.254, Transportation Code, is
236	236	amended to read as follows:
237	237	Sec. 502.254. FEE: TRAILER, TRAVEL TRAILER, OR SEMITRAILER.
238	238	(a) The fee for a registration period [year] for registration of a
239	239	trailer, travel trailer, or semitrailer with a gross weight of
240	240	6,000 pounds or less is $45.00.
241	241	(b) The fee for a registration period [year] for
242	242	registration of a trailer, travel trailer, or semitrailer with a
243	243	gross weight of more than 6,000 pounds is calculated by gross weight
244	244	according to Section 502.253.
245	245	SECTION 19. Sections 502.255(b), (c), and (i),
246	246	Transportation Code, are amended to read as follows:
247	247	(b) The fee for a registration period [year] for
248	248	registration of a truck-tractor or commercial motor vehicle is
249	249	calculated by gross weight according to Section 502.253.
250	250	(c) The fee for registration of a semitrailer used in the
251	251	manner described by Subsection (a), regardless of the date the
252	252	semitrailer is registered, is $15 for a registration period
253	253	[year].
254	254	(i) The department shall issue a license plate for a token
255	255	trailer registered under this section that does not expire or
256	256	require a triennial [an annual] registration insignia to be valid.
257	257	The alphanumeric pattern for a license plate issued under this
258	258	subsection may remain on a token trailer for as long as the
259	259	registration of the token trailer is renewed or until the token
260	260	trailer is removed from service or sold. The registration receipt
261	261	required under Section 621.002 is not required for a vehicle that
262	262	displays a license plate issued under this subsection.
263	263	SECTION 20. Section 502.256, Transportation Code, is
264	264	amended to read as follows:
265	265	Sec. 502.256. FEE: ROAD TRACTOR. The fee for a registration
266	266	period [year] for registration of a road tractor is the fee
267	267	prescribed by weight as certified by a public weigher or a license
268	268	and weight inspector of the Department of Public Safety under
269	269	Section 502.252 or 502.253, as applicable.
270	270	SECTION 21. Section 502.431, Transportation Code, is
271	271	amended to read as follows:
272	272	Sec. 502.431. FEE: MOTOR VEHICLE USED EXCLUSIVELY TO
273	273	TRANSPORT AND SPREAD FERTILIZER. The fee for a registration period
274	274	[year] for registration of a motor vehicle designed or modified and
275	275	used exclusively to transport to the field and spread fertilizer,
276	276	including agricultural limestone, is $75.
277	277	SECTION 22. Sections 502.432(a) and (c), Transportation
278	278	Code, are amended to read as follows:
279	279	(a) The department shall provide for a monthly registration
280	280	period for a truck-tractor or a commercial motor vehicle:
281	281	(1) that is used exclusively to transport a seasonal
282	282	agricultural product;
283	283	(2) that would otherwise be registered for a vehicle
284	284	registration period [year]; and
285	285	(3) for which the owner can show proof of payment of
286	286	the heavy vehicle use tax or exemption.
287	287	(c) The registration fee for a registration under this
288	288	section is computed at a rate of 1/36 [one-twelfth] the triennial
289	289	[annual] registration fee under Section 502.253, 502.255, or
290	290	502.433, as applicable, multiplied by the number of months in the
291	291	registration period specified in the application for the
292	292	registration, which may not be less than one month or longer than
293	293	six months.
294	294	SECTION 23. Sections 502.434(b) and (d), Transportation
295	295	Code, are amended to read as follows:
296	296	(b) A permit may not be issued under this section for a
297	297	period that is less than one month or that:
298	298	(1) is greater than one year; or
299	299	(2) extends beyond the expiration of the registration
300	300	period [year] for the vehicle.
301	301	(d) The fee for a permit under this section is a percentage
302	302	of the difference between the triennial registration fee otherwise
303	303	prescribed for the vehicle and the triennial registration [annual]
304	304	fee for the desired weight, as follows:
305	305	One month (30 consecutive days) 10 percent One month (30 consecutive days) 10 percent
306	306	One month (30 consecutive days) 10 percent
307	307	One quarter 30 percent One quarter 30 percent
308	308	One quarter 30 percent
309	309	Two quarters 60 percent Two quarters 60 percent
310	310	Two quarters 60 percent
311	311	Three quarters 90 percent Three quarters 90 percent
312	312	Three quarters 90 percent
313	313	SECTION 24. Sections 502.491(c) and (d), Transportation
314	314	Code, are amended to read as follows:
315	315	(c) On the sale or transfer of a vehicle to a dealer, as
316	316	defined by Section 503.001, who holds a general distinguishing
317	317	number issued under Chapter 503, the registration period remaining
318	318	at the time of the sale or transfer expires at the time of the sale
319	319	or transfer. On the sale of a used vehicle by a dealer, the dealer
320	320	shall issue to the buyer new registration documents for an entire
321	321	registration period [year].
322	322	(d) If the transferor has paid for more than one [year of]
323	323	registration period, the department may credit the transferor for
324	324	any time remaining on the registration in annual increments.
325	325	SECTION 25. Section 548.101, Transportation Code, is
326	326	amended to read as follows:
327	327	Sec. 548.101. GENERAL THREE-YEAR [ONE-YEAR] INSPECTION
328	328	PERIOD. (a) The [Except as provided by Section 548.102, the]
329	329	department shall require an [annual] inspection every third year.
330	330	The department shall set the periods of inspection and may make
331	331	rules with respect to those periods. The rules must provide that:
332	332	(1) a vehicle owner may obtain an inspection not
333	333	earlier than 90 days before the date of expiration of the vehicle's
334	334	registration; and
335	335	(2) a used motor vehicle sold by a dealer, as defined
336	336	by Section 503.001, must be inspected in the 180 days preceding the
337	337	date the dealer sells the vehicle.
338	338	(b) This section does not affect a requirement that a motor
339	339	vehicle emission inspection be conducted more often than once every
340	340	three years for a vehicle registered in a county covered by an
341	341	inspection and maintenance program approved by the United States
342	342	Environmental Protection Agency under Section 548.301 and the Clean
343	343	Air Act (42 U.S.C. Section 7401 et seq.).
344	344	SECTION 26. Section 548.254, Transportation Code, is
345	345	amended to read as follows:
346	346	Sec. 548.254. VALIDITY OF VEHICLE INSPECTION REPORT. A
347	347	vehicle inspection report is invalid after the end of the 36th
348	348	[12th] month following the month in which the report is issued.
349	349	SECTION 27. Section 548.501(a), Transportation Code, is
350	350	amended to read as follows:
351	351	(a) Except as provided by Section [Sections 548.503 and]
352	352	548.504, the fee for inspection of a motor vehicle other than a
353	353	moped is $12.50. The fee for inspection of a moped is $5.75.
354	354	SECTION 28. Section 548.505(a), Transportation Code, is
355	355	amended to read as follows:
356	356	(a) The department by rule may impose an inspection fee for
357	357	a vehicle inspected under Section 548.301(a) in addition to the fee
358	358	provided by Section 548.501, 548.502, [548.503,] or 548.504. A fee
359	359	imposed under this subsection must be based on the costs of:
360	360	(1) providing inspections; and
361	361	(2) administering the program.
362	362	SECTION 29. Sections 548.102 and 548.503, Transportation
363	363	Code, are repealed.
364	364	SECTION 30. This Act applies only to the registration of a
365	365	motor vehicle that is applied for on or after the effective date of
366	366	this Act.
367	367	SECTION 31. This Act takes effect September 1, 2017.
368	368
369	369	Weight Classification Fee Schedule
370	370
371	371	in pounds
372	372
373	373	6,001-10,000 $54.00
374	374
375	375	10,001-18,000 $110.00
376	376
377	377	18,001-25,999 $205.00
378	378
379	379	26,000-40,000 $340.00
380	380
381	381	40,001-54,999 $535.00
382	382
383	383	55,000-70,000 $740.00
384	384
385	385	70,001-80,000 $840.00
386	386
387	387	One month (30 consecutive days) 10 percent
388	388
389	389	One quarter 30 percent
390	390
391	391	Two quarters 60 percent
392	392
393	393	Three quarters 90 percent