Texas 2017 - 85th Regular

Texas House Bill HB3678 Latest Draft

Bill / Introduced Version Filed 03/09/2017

                            85R12467 JAM-D
 By: Swanson H.B. No. 3678


 A BILL TO BE ENTITLED
 AN ACT
 relating to the registration and inspection periods for motor
 vehicles.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 382.0622(a), Health and Safety Code, is
 amended to read as follows:
 (a)  Clean Air Act fees consist of:
 (1)  fees collected by the commission under Sections
 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
 by law;
 (2)  $2 from the portion of each fee collected for
 inspections of vehicles other than mopeds and remitted to the state
 under Section [Sections] 548.501 [and 548.503], Transportation
 Code; and
 (3)  fees collected that are required under Section 185
 of the federal Clean Air Act (42 U.S.C. Section 7511d).
 SECTION 2.  Section 502.001(5), Transportation Code, is
 amended to read as follows:
 (5)  "Combined gross weight" means the empty weight of
 the truck-tractor or commercial motor vehicle combined with the
 empty weight of the heaviest semitrailer used or to be used in
 combination with the truck-tractor or commercial motor vehicle plus
 the heaviest net load to be carried on the combination during the
 registration period [year].
 SECTION 3.  Sections 502.0023(a) and (d), Transportation
 Code, are amended to read as follows:
 (a)  Notwithstanding Section 502.044(c), the department
 shall develop and implement a system of registration to allow an
 owner of a commercial fleet to register the motor vehicles,
 semitrailers, and trailers in the commercial fleet for an extended
 registration period of not less than three years [one year] or more
 than nine [eight] years. The owner may select the number of years
 for registration under this section within that range and register
 the commercial fleet for that period. Payment for all registration
 fees for the entire registration period selected is due at the time
 of registration.
 (d)  A license plate issued under this section:
 (1)  may, on request of the owner, include the name or
 logo of the business entity that owns the vehicle;
 (2)  except as provided by Subsection (d-1), must
 include the expiration date of the registration period; and
 (3)  does not require a triennial [an annual]
 registration insignia to be valid.
 SECTION 4.  Section 502.040(a), Transportation Code, is
 amended to read as follows:
 (a)  Not more than 30 days after purchasing a vehicle or
 becoming a resident of this state, the owner of a motor vehicle,
 trailer, or semitrailer shall apply for the registration of the
 vehicle for:
 (1)  each registration period [year] in which the
 vehicle is used or to be used on a public highway; and
 (2)  if the vehicle is unregistered for a registration
 period [year] that has begun and that applies to the vehicle and if
 the vehicle is used or to be used on a public highway, the remaining
 portion of that registration period [year].
 SECTION 5.  Sections 502.044(a), (b), (c), and (e),
 Transportation Code, are amended to read as follows:
 (a)  The department shall designate a vehicle registration
 period [year] of 36 [12] consecutive months to begin on the first
 day of a calendar month and end on the last day of the 36th [12th]
 calendar month.
 (b)  The department shall designate vehicle registration
 years so as to distribute the work of the department and the county
 assessor-collectors as uniformly as possible throughout the year.
 The department may establish separate registration periods [years]
 for any vehicle or classification of vehicle and may adopt rules to
 administer the year-round registration system.
 (c)  The department may designate a registration period of
 less than 36 [12] months to be computed at a rate of 1/36
 [one-twelfth] the triennial [annual] registration fee multiplied
 by the number of months in the registration period. The board by
 rule may allow payment of registration fees for a designated period
 not to exceed the amount of time determined by department rule.
 (e)  The department shall use the date of sale of the vehicle
 in designating the registration period [year] for a vehicle for
 which registration is applied for under Section 501.0234.
 SECTION 6.  Sections 502.045(b), (c), and (d),
 Transportation Code, are amended to read as follows:
 (b)  An applicant for registration who provides evidence to
 establish good reason for delinquent registration and who complies
 with the other requirements for registration under this chapter may
 register the vehicle for a 36-month [12-month] period that ends on
 the last day of the 35th [11th] month after the month in which the
 registration occurs under this subsection.
 (c)  An applicant for registration who is delinquent and has
 not provided evidence acceptable to establish good reason for
 delinquent registration but who complies with the other
 requirements for registration under this chapter shall register the
 vehicle for a 36-month [12-month] period without changing the
 initial month of registration.
 (d)  A person who has been arrested or received a citation
 for a violation of Section 502.472 may register the vehicle being
 operated at the time of the offense for a 36-month [12-month] period
 without change to the initial month of registration only if the
 person:
 (1)  meets the other requirements for registration
 under this chapter; and
 (2)  pays an additional charge equal to 20 percent of
 the prescribed fee.
 SECTION 7.  Sections 502.092(d) and (e), Transportation
 Code, are amended to read as follows:
 (d)  A nonresident owner may not obtain more than three
 permits under this section during a calendar [registration] year.
 (e)  A vehicle for which a permit is issued under this
 section may not be operated in this state after the permit expires
 unless the owner:
 (1)  obtains another temporary permit; or
 (2)  registers the vehicle under Section 502.253,
 502.254, 502.255, or 502.256, as appropriate, for the remainder of
 the registration period [year].
 SECTION 8.  Section 502.093(b), Transportation Code, is
 amended to read as follows:
 (b)  A permit issued under this section  is valid for 12
 months [a vehicle registration year] to begin on the first day of a
 calendar month designated by the department and end on the last day
 of the 11th [last] calendar month [of the registration year].
 SECTION 9.  Sections 502.1585(c) and (d), Transportation
 Code, are amended to read as follows:
 (c)  A registration period designated under this section
 must begin on the first day of a calendar month and end on the last
 day of a calendar month and may not be for less than 36 [12] months.
 (d)  The registration fee for a registration period
 designated under this section is computed at a rate of 1/36
 [one-twelfth] the triennial [annual] registration fee multiplied
 by the number of months in the designated registration period.
 SECTION 10.  Section 502.168, Transportation Code, is
 amended to read as follows:
 Sec. 502.168.  FEE: MOTOR BUS. The fee for a registration
 period [year] for registration of a motor bus is the fee prescribed
 by Section 502.252 or 502.253, as applicable.
 SECTION 11.  Section 502.193(a), Transportation Code, is
 amended to read as follows:
 (a)  A county assessor-collector who receives from any
 person a check or draft for payment of a registration fee for a
 registration period [year] that has not ended that is returned
 unpaid because of insufficient funds or no funds in the bank or
 trust company to the credit of the drawer of the check or draft
 shall certify the fact to the sheriff or a constable or highway
 patrol officer in the county after attempts to contact the person
 fail to result in the collection of payment. The certification must
 be made before the 30th day after the date the check or draft is
 returned unpaid and:
 (1)  be under the assessor-collector's official seal;
 (2)  include the name and address of the person who gave
 the check or draft;
 (3)  include the license plate number and make of the
 vehicle;
 (4)  be accompanied by the check or draft; and
 (5)  be accompanied by documentation of any attempt to
 contact the person and collect payment.
 SECTION 12.  Section 502.1931(a), Transportation Code, is
 amended to read as follows:
 (a)  A county assessor-collector who receives from any
 person a payment by credit card or debit card for a registration fee
 for a registration period [year] that has not ended that is returned
 unpaid because the payment by the credit card or debit card has been
 disputed by the credit card or debit card company shall certify the
 fact to the sheriff or a constable or highway patrol officer in the
 county after attempts to contact the person fail to result in the
 collection of payment. The certification must be made before the
 30th day after the date the assessor-collector is made aware that
 the credit card or debit card payment has been disputed and:
 (1)  be under the assessor-collector's official seal;
 (2)  include the name and address of the person who
 authorized the credit card or debit card payment;
 (3)  include the license plate number and make of the
 vehicle;
 (4)  be accompanied by evidence from the credit card or
 debit card company that the company has determined that it will not
 make payment on the disputed credit card or debit card charge; and
 (5)  be accompanied by documentation of any attempt to
 contact the person and collect payment.
 SECTION 13.  Section 502.194, Transportation Code, is
 amended to read as follows:
 Sec. 502.194.  CREDIT FOR REGISTRATION FEE PAID ON MOTOR
 VEHICLE SUBSEQUENTLY DESTROYED. (a) The owner of a motor vehicle
 that is destroyed to the extent that it cannot afterwards be
 operated on a public highway is entitled to a registration fee
 credit if the prorated portion of the registration fee for the
 remainder of the registration period [year] is more than $15. The
 owner must claim the credit by sending the registration fee receipt
 for the vehicle to the department.
 (b)  The department, on satisfactory proof that the vehicle
 is destroyed, shall issue a registration fee credit slip to the
 owner in an amount equal to the prorated portion of the registration
 fee for the remainder of the registration period [year]. The owner,
 during the same or the next registration period [year], may use the
 registration fee credit slip as payment or part payment for the
 registration of another vehicle to the extent of the credit.
 SECTION 14.  Section 502.195(a), Transportation Code, is
 amended to read as follows:
 (a)  The owner of a motor vehicle who pays a [an annual]
 registration fee in excess of the statutory amount is entitled to a
 refund of the overcharge.
 SECTION 15.  Section 502.251, Transportation Code, is
 amended to read as follows:
 Sec. 502.251.  FEE: MOTORCYCLE OR MOPED. The fee for a
 registration period [year] for registration of a motorcycle or
 moped is $30.
 SECTION 16.  Section 502.252, Transportation Code, is
 amended to read as follows:
 Sec. 502.252.  FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR
 LESS. [(a)] The fee for a registration period [year] for
 registration of a vehicle with a gross weight of 6,000 pounds or
 less is $50.75, unless otherwise provided in this chapter.
 SECTION 17.  Section 502.253, Transportation Code, is
 amended to read as follows:
 Sec. 502.253.  FEE: VEHICLES THAT WEIGH MORE THAN 6,000
 POUNDS. The fee for a registration period [year] for registration
 of a vehicle with a gross weight of more than 6,000 pounds is as
 follows unless otherwise provided in this chapter:
 Weight Classification Fee Schedule Weight Classification Fee Schedule
Weight Classification Fee Schedule
 in pounds in pounds
in pounds
 6,001-10,000 $54.00 6,001-10,000 $54.00
6,001-10,000 $54.00
 10,001-18,000 $110.00 10,001-18,000 $110.00
10,001-18,000 $110.00
 18,001-25,999 $205.00 18,001-25,999 $205.00
18,001-25,999 $205.00
 26,000-40,000 $340.00 26,000-40,000 $340.00
26,000-40,000 $340.00
 40,001-54,999 $535.00 40,001-54,999 $535.00
40,001-54,999 $535.00
 55,000-70,000 $740.00 55,000-70,000 $740.00
55,000-70,000 $740.00
 70,001-80,000 $840.00 70,001-80,000 $840.00
70,001-80,000 $840.00
 SECTION 18.  Section 502.254, Transportation Code, is
 amended to read as follows:
 Sec. 502.254.  FEE: TRAILER, TRAVEL TRAILER, OR SEMITRAILER.
 (a)  The fee for a registration period [year] for registration of a
 trailer, travel trailer, or semitrailer with a gross weight of
 6,000 pounds or less is $45.00.
 (b)  The fee for a registration period [year] for
 registration of a trailer, travel trailer, or semitrailer with a
 gross weight of more than 6,000 pounds is calculated by gross weight
 according to Section 502.253.
 SECTION 19.  Sections 502.255(b), (c), and (i),
 Transportation Code, are amended to read as follows:
 (b)  The fee for a registration period [year] for
 registration of a truck-tractor or commercial motor vehicle is
 calculated by gross weight according to Section 502.253.
 (c)  The fee for registration of a semitrailer used in the
 manner described by Subsection (a), regardless of the date the
 semitrailer is registered, is  $15 for a registration period
 [year].
 (i)  The department shall issue a license plate for a token
 trailer registered under this section that does not expire or
 require a triennial [an annual] registration insignia to be valid.
 The alphanumeric pattern for a license plate issued under this
 subsection may remain on a token trailer for as long as the
 registration of the token trailer is renewed or until the token
 trailer is removed from service or sold. The registration receipt
 required under Section 621.002 is not required for a vehicle that
 displays a license plate issued under this subsection.
 SECTION 20.  Section 502.256, Transportation Code, is
 amended to read as follows:
 Sec. 502.256.  FEE: ROAD TRACTOR. The fee for a registration
 period [year] for registration of a road tractor is the fee
 prescribed by weight as certified by a public weigher or a license
 and weight inspector of the Department of Public Safety under
 Section 502.252 or 502.253, as applicable.
 SECTION 21.  Section 502.431, Transportation Code, is
 amended to read as follows:
 Sec. 502.431.  FEE: MOTOR VEHICLE USED EXCLUSIVELY TO
 TRANSPORT AND SPREAD FERTILIZER. The fee for a registration period
 [year] for registration of a motor vehicle designed or modified and
 used exclusively to transport to the field and spread fertilizer,
 including agricultural limestone, is $75.
 SECTION 22.  Sections 502.432(a) and (c), Transportation
 Code, are amended to read as follows:
 (a)  The department shall provide for a monthly registration
 period for a truck-tractor or a commercial motor vehicle:
 (1)  that is used exclusively to transport a seasonal
 agricultural product;
 (2)  that would otherwise be registered for a vehicle
 registration period [year]; and
 (3)  for which the owner can show proof of payment of
 the heavy vehicle use tax or exemption.
 (c)  The registration fee for a registration under this
 section is computed at a rate of 1/36 [one-twelfth] the triennial
 [annual] registration fee under Section 502.253, 502.255, or
 502.433, as applicable, multiplied by the number of months in the
 registration period specified in the application for the
 registration, which may not be less than one month or longer than
 six months.
 SECTION 23.  Sections 502.434(b) and (d), Transportation
 Code, are amended to read as follows:
 (b)  A permit may not be issued under this section for a
 period that is less than one month or that:
 (1)  is greater than one year; or
 (2)  extends beyond the expiration of the registration
 period [year] for the vehicle.
 (d)  The fee for a permit under this section is a percentage
 of the difference between the triennial registration fee otherwise
 prescribed for the vehicle and the triennial registration [annual]
 fee for the desired weight, as follows:
 One month (30 consecutive days) 10 percent  One month (30 consecutive days) 10 percent
 One month (30 consecutive days) 10 percent
 One quarter 30 percent  One quarter 30 percent
 One quarter 30 percent
 Two quarters 60 percent  Two quarters 60 percent
 Two quarters 60 percent
 Three quarters 90 percent  Three quarters 90 percent
 Three quarters 90 percent
 SECTION 24.  Sections 502.491(c) and (d), Transportation
 Code, are amended to read as follows:
 (c)  On the sale or transfer of a vehicle to a dealer, as
 defined by Section 503.001, who holds a general distinguishing
 number issued under Chapter 503, the registration period remaining
 at the time of the sale or transfer expires at the time of the sale
 or transfer. On the sale of a used vehicle by a dealer, the dealer
 shall issue to the buyer new registration documents for an entire
 registration period [year].
 (d)  If the transferor has paid for more than one [year of]
 registration period, the department may credit the transferor for
 any time remaining on the registration in annual increments.
 SECTION 25.  Section 548.101, Transportation Code, is
 amended to read as follows:
 Sec. 548.101.  GENERAL THREE-YEAR [ONE-YEAR] INSPECTION
 PERIOD. (a) The [Except as provided by Section 548.102, the]
 department shall require an [annual] inspection every third year.
 The department shall set the periods of inspection and may make
 rules with respect to those periods. The rules must provide that:
 (1)  a vehicle owner may obtain an inspection not
 earlier than 90 days before the date of expiration of the vehicle's
 registration; and
 (2)  a used motor vehicle sold by a dealer, as defined
 by Section 503.001, must be inspected in the 180 days preceding the
 date the dealer sells the vehicle.
 (b)  This section does not affect a requirement that a motor
 vehicle emission inspection be conducted more often than once every
 three years for a vehicle registered in a county covered by an
 inspection and maintenance program approved by the United States
 Environmental Protection Agency under Section 548.301 and the Clean
 Air Act (42 U.S.C. Section 7401 et seq.).
 SECTION 26.  Section 548.254, Transportation Code, is
 amended to read as follows:
 Sec. 548.254.  VALIDITY OF VEHICLE INSPECTION REPORT. A
 vehicle inspection report is invalid after the end of the 36th
 [12th] month following the month in which the report is issued.
 SECTION 27.  Section 548.501(a), Transportation Code, is
 amended to read as follows:
 (a)  Except as provided by Section [Sections 548.503 and]
 548.504, the fee for inspection of a motor vehicle other than a
 moped is $12.50. The fee for inspection of a moped is $5.75.
 SECTION 28.  Section 548.505(a), Transportation Code, is
 amended to read as follows:
 (a)  The department by rule may impose an inspection fee for
 a vehicle inspected under Section 548.301(a) in addition to the fee
 provided by Section 548.501, 548.502, [548.503,] or 548.504. A fee
 imposed under this subsection must be based on the costs of:
 (1)  providing inspections; and
 (2)  administering the program.
 SECTION 29.  Sections 548.102 and 548.503, Transportation
 Code, are repealed.
 SECTION 30.  This Act applies only to the registration of a
 motor vehicle that is applied for on or after the effective date of
 this Act.
 SECTION 31.  This Act takes effect September 1, 2017.

Weight Classification Fee Schedule

in pounds

6,001-10,000 $54.00

10,001-18,000 $110.00

18,001-25,999 $205.00

26,000-40,000 $340.00

40,001-54,999 $535.00

55,000-70,000 $740.00

70,001-80,000 $840.00

 One month (30 consecutive days) 10 percent

 One quarter 30 percent

 Two quarters 60 percent

 Three quarters 90 percent