86R5277 JRR-F
By: Thompson of Brazoria H.B. No. 1755
A BILL TO BE ENTITLED
AN ACT
relating to the titling, registration, and inspection of assembled
vehicles; imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle J, Title 7, Transportation Code, is
amended by adding Chapter 731 to read as follows:
CHAPTER 731. ASSEMBLED VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 731.001. DEFINITIONS. In this chapter:
(1) "Assembled vehicle" means a passenger car or light
truck that:
(A) is constructed by a person other than a
manufacturer licensed under Chapter 2301, Occupations Code, and is
not intended for retail sale;
(B) is materially altered from its original
construction;
(C) has a gross weight of less than 9,000 pounds;
(D) does not have a designated vehicle year; and
(E) may be assembled from various parts of
various vehicles and kits.
(2) "Light truck" has the meaning assigned by Section
541.201.
(3) "Passenger car" means a motor vehicle, as that
term is defined by Section 541.201, other than a motorcycle, used to
transport persons and designed to accommodate 10 or fewer
passengers, including the operator.
Sec. 731.002. APPLICABILITY. (a) This chapter does not
apply to a vehicle that:
(1) is assembled or merged from two or more vehicle
classes;
(2) uses the frame or body of a vehicle that has been
declared nonrepairable or junked; or
(3) contains a motor from a flood-damaged vehicle.
(b) This chapter applies to an assembled vehicle, other than
a vehicle described by Subsection (a), regardless of whether the
assembled vehicle:
(1) has a manufacturer's certificate of origin; or
(2) is constructed for both recreational off-road use
and on-road use.
Sec. 731.003. APPLICABILITY OF OTHER LAW. (a) Sections
501.032, 501.0321, and 501.033 apply to an assembled vehicle that
is titled or registered under Subchapter B.
(b) A reference to "motor vehicle" or "vehicle" in the
following provisions of law does not include an assembled vehicle
to which this chapter applies:
(1) Section 2301.002(24), Occupations Code;
(2) Sections 501.002(8), (15), (24), (26), (31), and
(32); and
(3) Sections 541.201(12) and (23).
(c) Subchapter C, Chapter 547, does not apply to an item of
vehicle equipment intended for an assembled vehicle to which this
chapter applies.
(d) Chapter 2301, Occupations Code, does not apply to an
assembled vehicle or a person who constructs an assembled vehicle.
(e) The owner of an assembled vehicle that is a custom
vehicle or street rod, as those terms are defined by Section
504.501, may have the vehicle titled, registered, and inspected in
accordance with this chapter or Chapters 501, 502, and 548.
SUBCHAPTER B. TITLE AND REGISTRATION
Sec. 731.051. DEFINITIONS. In this subchapter:
(1) "Certificate of title" means a printed record of
title issued under Section 731.052.
(2) "Department" means the Texas Department of Motor
Vehicles.
(3) "Title" means a certificate or record of title
that is issued under Section 731.052.
(4) "Vehicle identification number" means the
identification number assigned by the department under Section
501.033 and affixed to an assembled vehicle.
Sec. 731.052. TITLE FOR ASSEMBLED VEHICLE. (a) The
department shall establish procedures for the issuance of a title
for an assembled vehicle.
(b) The owner of an assembled vehicle must present
identification and apply for a title as prescribed by the
department, unless otherwise exempted by law. To obtain a title,
the owner must apply:
(1) to the county assessor-collector in the county in
which:
(A) the owner is domiciled; or
(B) the vehicle is purchased or encumbered; or
(2) to the county assessor-collector of a county who
is willing to accept the application if the county
assessor-collector's office of the county in which the owner
resides is closed or may be closed for a protracted period of time
as defined by the department.
(c) A title issued by the department must include:
(1) the legal name and address of each purchaser;
(2) the legal name of the seller and the municipality
and state in which the seller is located or resides;
(3) the type of the assembled vehicle;
(4) the vehicle identification number of the assembled
vehicle;
(5) the name and address of each lienholder and the
date of each lien on the assembled vehicle, listed in the
chronological order in which the lien was recorded;
(6) a statement indicating rights of survivorship; and
(7) any other information required by the department.
(d) On receipt of a certificate of title, the owner of an
assembled vehicle shall write the owner's name in ink in the space
provided on the certificate.
(e) On transfer of ownership of an assembled vehicle, the
seller shall complete assignment of title by signing and printing
the seller's name, printing the date of transfer, and printing the
purchaser's name and address on the title.
Sec. 731.053. REGISTRATION REQUIRED; GENERAL RULE. (a)
Not more than 30 days after purchasing an assembled vehicle or
becoming a resident of this state, the owner of an assembled vehicle
shall apply for the registration of the vehicle for:
(1) each registration 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
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 year.
(b) The application must be accompanied by personal
identification as determined by department rule and made in a
manner prescribed by the department:
(1) through the county assessor-collector of the
county in which the owner resides; or
(2) if the office of that assessor-collector is
closed, or may be closed for a protracted period of time, as defined
by department rule, through a county assessor-collector who is
willing to accept the application.
(c) A county assessor-collector, a deputy county
assessor-collector, or a person acting on behalf of a county
assessor-collector is not liable to any person for:
(1) refusing to register an assembled vehicle because
of the person's failure to submit evidence of residency that
complies with the department's rules; or
(2) registering an assembled vehicle under this
section.
Sec. 731.054. INITIAL REGISTRATION. Notwithstanding
Section 731.053, the owner of an assembled vehicle may concurrently
apply for a title and for registration through the county
assessor-collector of the county in which:
(1) the owner resides; or
(2) the vehicle is purchased or encumbered.
Sec. 731.055. TITLE REQUIRED FOR REGISTRATION. The
department may not register or renew the registration of an
assembled vehicle unless the owner:
(1) obtains a title for the vehicle; or
(2) presents satisfactory evidence that a title was
previously issued to the owner by the department or another
jurisdiction.
Sec. 731.056. REGISTRATION PERIOD. (a) The department
shall designate an assembled vehicle registration year of 12
consecutive months to begin on the first day of a calendar month and
end on the last day of the 12th calendar month.
(b) The department shall designate assembled 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 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 12 months to be computed at a rate of one-twelfth the
annual registration fee multiplied by the number of months in the
registration period. The department by rule may allow payment of
registration fees for a designated period not to exceed the amount
of time determined by department rule.
(d) The department shall issue a registration receipt and
registration insignia that are valid until the expiration of the
designated period.
Sec. 731.057. REFUSAL TO REGISTER UNSAFE VEHICLE. The
department may refuse to register an assembled vehicle and may
cancel, suspend, or revoke a registration if the department
determines that an assembled vehicle is unsafe, improperly
equipped, or otherwise unfit to be operated on a public highway, as
noted by an inspector under Subchapter C.
Sec. 731.058. TITLE AND REGISTRATION FEES; ADMINISTRATION,
COLLECTION, AND DISPOSITION OF FEES. (a) An applicant for title or
registration of an assembled vehicle shall pay the applicable fee
required under Chapter 501 or 502.
(b) The provisions of Chapters 501 and 502 relating to the
administration, collection, and disposition of fees apply to an
assembled vehicle that is titled or registered under this chapter.
Sec. 731.059. RULES. (a) The department may adopt rules as
necessary to implement and administer this subchapter.
(b) The department by rule may designate provisions of
Chapters 501 and 502 as being applicable to an assembled vehicle
that is titled or registered under this subchapter, provided that
the department may not designate:
(1) a provision that conflicts with this chapter; or
(2) a provision that an assembled vehicle, by its
nature, cannot comply with or otherwise meet the requirements of.
SUBCHAPTER C. INSPECTION
Sec. 731.101. DEFINITIONS. In this subchapter,
"department," "inspection station," "inspector," and "vehicle
inspection report" have the meanings assigned by Chapter 548.
Sec. 731.102. CERTIFICATE REQUIRED FOR INSPECTORS. An
inspection or reinspection of an assembled vehicle under this
subchapter must be conducted by an inspector who holds a
certificate issued by the National Institute for Automotive Service
Excellence.
Sec. 731.103. ASSEMBLED VEHICLES AND EQUIPMENT SUBJECT TO
INSPECTION. An assembled vehicle registered under Subchapter B
must have the following items inspected by an inspector described
by Section 731.102:
(1) tires;
(2) wheel assembly;
(3) brake system, including power brake unit;
(4) steering system, including power steering;
(5) lighting equipment;
(6) horns and warning devices;
(7) mirrors;
(8) windshield wipers;
(9) front seat belts in vehicles that contain seat
belt anchorages; and
(10) fuel tank cap.
Sec. 731.104. REINSPECTION OF ASSEMBLED VEHICLE REQUIRING
ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection under this
subchapter discloses the necessity for adjustment, correction, or
repair, an inspector may not issue a passing vehicle inspection
report until the adjustment, correction, or repair is made. The
owner of the assembled vehicle may have the adjustment, correction,
or repair made by a qualified person of the owner's choice, subject
to reinspection. The vehicle shall be reinspected once free of
charge within 15 days after the date of the original inspection, not
including the date the original inspection is made, at the same
inspection station after the adjustment, correction, or repair is
made.
(b) An assembled vehicle that is inspected and is
subsequently involved in an accident affecting the safe operation
of an item of inspection must be reinspected following repair. The
reinspection must be at an inspection station and shall be treated
and charged as an initial inspection.
Sec. 731.105. ONE-YEAR INSPECTION PERIOD. The department
shall require an annual inspection for an assembled vehicle
registered under Subchapter B. The department shall set the
periods of inspection and may make rules with respect to those
periods.
Sec. 731.106. INSPECTION FEES; ADMINISTRATION, COLLECTION,
AND DISPOSITION OF FEES. (a) An owner of an assembled vehicle that
obtains an inspection under this subchapter shall pay the
applicable fee required under Chapter 548.
(b) The provisions of Chapter 548 relating to the
administration, collection, and disposition of fees apply to an
assembled vehicle that is inspected under this subchapter.
Sec. 731.107. RULES. (a) The department may adopt rules as
necessary to implement and administer this subchapter.
(b) The department by rule may designate provisions of
Chapter 548 as being applicable to an assembled vehicle that is
inspected under this subchapter, provided that the department may
not designate:
(1) a provision that conflicts with this chapter; or
(2) a provision that an assembled vehicle, by its
nature, cannot comply with or otherwise meet the requirements of.
SECTION 2. As soon as practicable after the effective date
of this Act, the Department of Public Safety of the State of Texas
and the Texas Department of Motor Vehicles shall adopt or modify any
rules necessary to implement the changes in law made by this Act.
SECTION 3. This Act takes effect September 1, 2019.