Texas 2019 - 86th Regular

Texas House Bill HB1755 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1755
	1	+	By: Thompson of Brazoria, et al. H.B. No. 1755
	2	+	(Senate Sponsor - Hughes)
	3	+	(In the Senate - Received from the House April 15, 2019;
	4	+	April 16, 2019, read first time and referred to Committee on
	5	+	Transportation; May 19, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 19, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1755 By: Hancock
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to assembled vehicles and former military vehicles,
6	15		including the titling and registration of those vehicles.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Subchapter A, Chapter 2301, Occupations Code, is
9	18		amended by adding Section 2301.0045 to read as follows:
10	19		Sec. 2301.0045. NONAPPLICABILITY OF CHAPTER TO ASSEMBLED
11	20		VEHICLES AND HOBBYIST. This chapter does not apply to an assembled
12	21		vehicle or a hobbyist, as those terms are defined by Section
13	22		731.001, Transportation Code.
14	23		SECTION 2. Subchapter A, Chapter 2302, Occupations Code, is
15	24		amended by adding Section 2302.009 to read as follows:
16	25		Sec. 2302.009. REBUILDING OF ASSEMBLED VEHICLE PROHIBITED.
17	26		A salvage vehicle dealer may not, as part of engaging in a business
18	27		or activity regulated under this chapter, rebuild an assembled
19	28		vehicle, as defined by Section 731.001, Transportation Code.
20	29		SECTION 3. Subtitle J, Title 7, Transportation Code, is
21	30		amended by adding Chapter 731 to read as follows:
22	31		CHAPTER 731. ASSEMBLED VEHICLES
23	32		SUBCHAPTER A. GENERAL PROVISIONS
24	33		Sec. 731.001. DEFINITIONS. (a) In this chapter:
25	34		(1) "Assembled motorcycle" means a motorcycle, as
26	35		defined by Section 541.201, that is built or assembled by a
27	36		hobbyist.
28	37		(2) "Assembled motor vehicle" means a motor vehicle,
29	38		as defined by Section 501.002(17)(A), that:
30	39		(A) has a motor, body, and frame; and
31	40		(B) is built or assembled by a hobbyist.
32	41		(3) "Assembled trailer" means a trailer, semitrailer,
33	42		or travel trailer, as those terms are defined by Section 501.002,
34	43		that is built or assembled by a hobbyist.
35	44		(4) "Assembled vehicle" means:
36	45		(A) an assembled motor vehicle;
37	46		(B) an assembled motorcycle;
38	47		(C) an assembled trailer;
39	48		(D) a custom vehicle;
40	49		(E) a street rod;
41	50		(F) a replica; or
42	51		(G) a glider kit.
43		-	(5) "Board" means the board of the department.
	52	+	(5) "Board" means the board of the Texas Department of
	53	+	Motor Vehicles.
44	54		(6) "Custom vehicle" and "street rod" have the
45	55		meanings assigned by Section 504.501.
46		-	(7) "Department" means the Texas Department of Motor
47		-	Vehicles.
48		-	(8) "Glider kit" means a truck tractor, as defined by
	56	+	(7) "Glider kit" means a truck tractor, as defined by
49	57		Section 541.201, that is built or assembled using:
50	58		(A) a kit that typically consists of a new cab,
51	59		frame, and front axle and new accessories; and
52	60		(B) a used powertrain.
53		-	(9) "Hobbyist" means a person who:
	61	+	(8) "Hobbyist" means a person who:
54	62		(A) builds or assembles an assembled vehicle for
55	63		personal use;
56	64		(B) does not engage in the continuous sale of
57	65		vehicles, as defined by the department; and
58	66		(C) is not the maker of a kit or a manufacturer,
59	67		as defined by Section 2301.002, Occupations Code.
60		-	(10) "Master technician" means a person who holds a
	68	+	(9) "Master technician" means a person who holds a
61	69		master technician certification issued by the National Institute
62	70		for Automotive Service Excellence.
63		-	(11) "Owner" has the meaning assigned by Section
	71	+	(10) "Owner" has the meaning assigned by Section
64	72		541.001.
65		-	(12) "Replica" means a vehicle that uses a
	73	+	(11) "Replica" means a vehicle that uses a
66	74		manufactured prefabricated body or a body constructed from
67	75		materials not original to the vehicle and that resembles an
68	76		established make of a previous year vehicle model. The term may
69	77		include a custom vehicle or street rod.
70		-	(13) "Title" and "vehicle identification number" have
	78	+	(12) "Title" and "vehicle identification number" have
71	79		the meanings assigned by Section 501.002.
72		-	(14) "Vehicle" has the meaning assigned by Section
	80	+	(13) "Vehicle" has the meaning assigned by Section
73	81		502.001.
74	82		(b) For purposes of Subsection (a)(4), the term "assembled
75	83		vehicle" does not include a golf cart, as defined by Section
76	84		551.401, or an off-highway vehicle, as defined by Section 663.001,
77	85		regardless of whether the vehicle is built or assembled by a
78	86		hobbyist.
79	87		Sec. 731.002. RULES. The board may adopt rules as necessary
80	88		to implement and administer this chapter.
81	89		Sec. 731.003. CONFLICT OF LAW. To the extent of a conflict
82	90		between this chapter, including a rule adopted under this chapter,
83	91		and another law, this chapter controls.
84	92		SUBCHAPTER B. TITLE AND REGISTRATION
85	93		Sec. 731.051. ELIGIBILITY FOR TITLE AND REGISTRATION. (a)
86	94		Except as provided by Subsection (b), an owner of an assembled
87	95		vehicle shall apply for a title for the vehicle and register the
88	96		vehicle as provided by Chapters 501 and 502, as applicable, and in
89	97		accordance with rules adopted under this chapter, regardless of
90	98		whether the assembled vehicle was built or assembled using a
91	99		vehicle that was previously titled in this state or another
92	100		jurisdiction.
93	101		(b) An assembled vehicle may not be titled or registered in
94	102		this state if the vehicle:
95	103		(1) is built or assembled from the merging of two or
96	104		more vehicle classes, provided that component parts from the
97	105		following vehicle classes may be interchanged:
98	106		(A) two-axle, four-tire passenger cars;
99	107		(B) two-axle, four-tire pickups, panels, and
100	108		vans; and
101	109		(C) six-tire dually pickups, of which the rear
102	110		tires are dual tires;
103	111		(2) uses the frame or body of a nonrepairable motor
104	112		vehicle, as defined by Section 501.091;
105	113		(3) contains any electrical or mechanical components
106	114		from a flood-damaged vehicle;
107	115		(4) is designed for off-highway use only;
108	116		(5) is designed by the manufacturer for on-track
109	117		racing only;
110	118		(6) has been stripped to the extent that the vehicle
111	119		loses its original identity; or
112	120		(7) uses any parts that do not meet federal motor
113	121		vehicle safety standards, if standards have been developed for
114	122		those parts.
115	123		Sec. 731.052. PROCEDURES AND REQUIREMENTS FOR TITLE AND
116	124		REGISTRATION. (a) The board by rule shall establish procedures and
117	125		requirements for:
118	126		(1) issuance of a title for an assembled vehicle; and
119	127		(2) registration of an assembled vehicle.
120	128		(b) Rules adopted under Subsection (a):
121	129		(1) may not exclude a type of assembled vehicle, other
122	130		than an assembled vehicle described by Section 731.051(b), from
123	131		eligibility for title and registration;
124	132		(2) must establish the form of a title issued for an
125	133		assembled vehicle; and
126	134		(3) must exempt an assembled vehicle or a type of
127	135		assembled vehicle from any provision of Chapter 501 or 502 that an
128	136		assembled vehicle or type of assembled vehicle, by its nature,
129	137		cannot comply with or otherwise meet the requirements of.
130	138		Sec. 731.053. CERTIFICATE OF TITLE REQUIREMENTS. (a) The
131	139		title for an assembled vehicle that has never been titled in this
132	140		state or any other jurisdiction must:
133	141		(1) list the owner of the assembled vehicle as the
134	142		purchaser;
135	143		(2) contain the notation "NONE" in the space for the
136	144		seller's name;
137	145		(3) list the municipality and state in which the
138	146		vehicle was completed in the space for the seller's municipality
139	147		and state; and
140	148		(4) contain the odometer reading and the notation "NOT
141	149		ACTUAL MILEAGE".
142	150		(b) Except as provided by Subsection (a), a title issued for
143	151		an assembled vehicle must contain all of the information required
144	152		under Section 501.021.
145	153		Sec. 731.054. ASSIGNMENT OF VEHICLE IDENTIFICATION NUMBER.
146	154		The department shall assign a vehicle identification number under
147	155		Section 501.033 to an assembled vehicle unless the vehicle has a
148	156		discernible vehicle identification number assigned by:
149	157		(1) the manufacturer of the component part by which
150	158		the vehicle may be identified; or
151	159		(2) the maker of the kit from which the vehicle is
152	160		built or assembled.
153	161		SUBCHAPTER C. INSPECTION BY MASTER TECHNICIAN
154	162		Sec. 731.101. INSPECTION REQUIRED FOR ISSUANCE OF TITLE.
155	163		(a) In addition to the inspection required under Chapter 548, an
156	164		assembled vehicle must pass an inspection conducted by a master
157	165		technician for the type of assembled vehicle being inspected. The
158	166		inspection must be conducted before issuance of a title for the
159	167		assembled vehicle.
160	168		(b) On application for title for an assembled vehicle, the
161	169		owner of the assembled vehicle must provide:
162	170		(1) proof acceptable to the department that the
163	171		vehicle passed an inspection conducted under this section; and
164	172		(2) a copy of the master technician's Automobile and
165	173		Light Truck certification or a successor certification.
166	174		(c) The board by rule shall establish procedures and
167	175		requirements for the inspection required by this section. Rules
168	176		adopted under this subsection:
169	177		(1) must establish inspection criteria;
170	178		(2) may specify additional items of equipment that
171	179		must be inspected by a master technician and may specify different
172	180		items of equipment that must be inspected based on the type of
173	181		assembled vehicle; and
174	182		(3) must require an owner of an assembled vehicle that
175	183		is being inspected under this section to pay all fees required for
176	184		the inspection, including any reinspection, in addition to all
177	185		applicable fees required under Chapter 548 for an inspection or
178	186		reinspection conducted under that chapter.
179	187		Sec. 731.102. EQUIPMENT SUBJECT TO INSPECTION. An
180	188		inspection conducted under Section 731.101 must:
181	189		(1) as applicable, include the following items of an
182	190		assembled vehicle:
183	191		(A) frame, chassis, and any structural
184	192		components of the vehicle;
185	193		(B) wheel assembly;
186	194		(C) brake system, including each brake and power
187	195		brake unit;
188	196		(D) steering system, including power steering;
189	197		and
190	198		(E) front seat belts in vehicles that contain
191	199		seat belt anchorages; and
192	200		(2) include an evaluation of the structural integrity
193	201		of the assembled vehicle and, as applicable, the connection points
194	202		of the:
195	203		(A) frame, chassis, or body;
196	204		(B) steering system;
197	205		(C) drive train; and
198	206		(D) suspension.
199	207		SECTION 4. Section 501.002, Transportation Code, is amended
200	208		by amending Subdivisions (1), (8), (24), (31), and (32) and adding
201	209		Subdivision (1-a) to read as follows:
202	210		(1) "Assembled vehicle" has the meaning assigned by
203	211		Section 731.001.
204	212		(1-a) "Certificate of title" means a printed record of
205	213		title issued under Section 501.021.
206	214		(8) "First sale" means:
207	215		(A) the bargain, sale, transfer, or delivery of a
208	216		motor vehicle, other than an assembled vehicle, that has not been
209	217		previously registered or titled, with intent to pass an interest in
210	218		the motor vehicle, other than a lien, regardless of where the
211	219		bargain, sale, transfer, or delivery occurred; and
212	220		(B) the registration or titling of that vehicle.
213	221		(24) "Serial number" means a vehicle identification
214	222		number that is affixed to a part of a motor vehicle and that is:
215	223		(A) the manufacturer's permanent vehicle
216	224		identification number;
217	225		(B) a derivative number of the manufacturer's
218	226		permanent vehicle identification number;
219	227		(C) the motor number; [or]
220	228		(D) the vehicle identification number assigned
221	229		by the department; or
222	230		(E) the vehicle identification number assigned
223	231		by the maker of a kit, if the vehicle is an assembled vehicle that is
224	232		assembled from a kit.
225	233		(31) "Used motor vehicle" means:
226	234		(A) a motor vehicle that has been the subject of a
227	235		first sale; or
228	236		(B) an assembled vehicle that has been issued a
229	237		title.
230	238		(32) "Vehicle identification number" means:
231	239		(A) the manufacturer's permanent vehicle
232	240		identification number affixed by the manufacturer to the motor
233	241		vehicle that is easily accessible for physical examination and
234	242		permanently affixed on one or more removable parts of the vehicle;
235	243		or
236	244		(B) a serial number affixed to a part of a motor
237	245		vehicle that is:
238	246		(i) a derivative number of the
239	247		manufacturer's permanent vehicle identification number;
240	248		(ii) the motor number; [or]
241	249		(iii) a vehicle identification number
242	250		assigned by the department; or
243	251		(iv) the vehicle identification number
244	252		assigned by the maker of a kit, if the vehicle is an assembled
245	253		vehicle that is assembled from a kit.
246	254		SECTION 5. Section 501.035(b), Transportation Code, is
247	255		amended to read as follows:
248	256		(b) In this section, "former military vehicle" has the
249	257		meaning assigned by Section 502.001 [504.502(i)].
250	258		SECTION 6. Section 502.001, Transportation Code, is amended
251	259		by adding Subdivision (17-a) to read as follows:
252	260		(17-a) "Former military vehicle" means a vehicle,
253	261		including a trailer, that:
254	262		(A) was manufactured for use in any country's
255	263		military forces; and
256	264		(B) is not operated on continuous tracks.
257	265		SECTION 7. Subchapter D, Chapter 502, Transportation Code,
258	266		is amended by adding Section 502.141 to read as follows:
259	267		Sec. 502.141. OFF-HIGHWAY FORMER MILITARY VEHICLES. (a)
260	268		Except as provided by Subsections (b) and (c), a person may not
261	269		register a former military vehicle designated for off-highway use,
262	270		with or without design alterations, for operation on a public
263	271		highway.
264	272		(b) A former military vehicle may be registered for on-road
265	273		use if the vehicle:
266	274		(1) is a high mobility multipurpose wheeled vehicle
267	275		designated for off-highway use; and
268	276		(2) has a gross vehicle weight rating of less than
269	277		10,000 pounds.
270	278		(c) A former military vehicle issued specialty license
271	279		plates under Section 504.502 may be operated on a public highway in
272	280		accordance with that section.
273	281		SECTION 8. Subchapter A, Chapter 503, Transportation Code,
274	282		is amended by adding Section 503.013 to read as follows:
275	283		Sec. 503.013. DEALER TRANSFER OF CERTAIN ASSEMBLED VEHICLES
276	284		PROHIBITED. (a) In this section, "assembled vehicle" and
277	285		"replica" have the meanings assigned by Section 731.001.
278	286		(b) Ownership of an assembled vehicle, other than a replica,
279	287		may not be transferred to or by a dealer under this chapter.
280	288		SECTION 9. Section 504.502(i), Transportation Code, is
281	289		amended to read as follows:
282	290		(i) In this section, "former military vehicle" means a
283	291		vehicle, including a trailer, regardless of the vehicle's size,
284	292		weight, or year of manufacture, that:
285	293		(1) was manufactured for use in any country's military
286	294		forces; [and]
287	295		(2) is maintained to represent its military design and
288	296		markings accurately; and
289	297		(3) is not operated on continuous tracks.
290	298		SECTION 10. Subchapter A, Chapter 548, Transportation Code,
291	299		is amended by adding Section 548.009 to read as follows:
292	300		Sec. 548.009. ASSEMBLED VEHICLES. (a) In this section,
293	301		"assembled vehicle" has the meaning assigned by Section 731.001.
294	302		(b) A provision of this chapter does not apply to an
295	303		assembled vehicle if the provision:
296	304		(1) conflicts with Chapter 731 or a rule adopted under
297	305		that chapter; or
298	306		(2) is a provision that an assembled vehicle, by its
299	307		nature, cannot comply with or otherwise meet.
300	308		SECTION 11. Section 663.001, Transportation Code, is
301	309		amended by amending Subdivision (1-b) and adding Subdivision (3) to
302	310		read as follows:
303	311		(1-b) "Off-highway vehicle" means:
304	312		(A) an all-terrain vehicle or recreational
305	313		off-highway vehicle, as those terms are defined by Section 502.001;
306	314		[or]
307	315		(B) a sand rail; or
308	316		(C) a utility vehicle.
309	317		(3) "Sand rail" means a vehicle, as defined by Section
310	318		502.001, that:
311	319		(A) is designed or built primarily for
312	320		off-highway use in sandy terrains, including for use on sand dunes;
313	321		(B) has a tubular frame, an integrated roll cage,
314	322		and an engine that is rear-mounted or placed midway between the
315	323		front and rear axles of the vehicle; and
316	324		(C) has a gross vehicle weight, as defined by
317	325		Section 541.401, of:
318	326		(i) not less than 700 pounds; and
319	327		(ii) not more than 2,000 pounds.
320	328		SECTION 12. As soon as practicable after the effective date
321	329		of this Act, the board of the Texas Department of Motor Vehicles
322	330		shall:
323	331		(1) adopt the rules required by Chapter 731,
324	332		Transportation Code, as added by this Act; and
325	333		(2) adopt or modify any rules necessary to implement
326	334		the changes in law made by this Act.
327	335		SECTION 13. This Act takes effect September 1, 2019.
328		-	______________________________ ______________________________
329		-	President of the Senate Speaker of the House
330		-	I certify that H.B. No. 1755 was passed by the House on April
331		-	11, 2019, by the following vote: Yeas 144, Nays 0, 3 present, not
332		-	voting; and that the House concurred in Senate amendments to H.B.
333		-	No. 1755 on May 24, 2019, by the following vote: Yeas 138, Nays 0,
334		-	2 present, not voting; and that the House adopted H.C.R. No. 183
335		-	authorizing certain corrections in H.B. No. 1755 on May 24, 2019, by
336		-	the following vote: Yeas 140, Nays 0, 2 present, not voting.
337		-	______________________________
338		-	Chief Clerk of the House
339		-	I certify that H.B. No. 1755 was passed by the Senate, with
340		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
341		-	0; and that the Senate adopted H.C.R. No. 183 authorizing certain
342		-	corrections in H.B. No. 1755 on May 26, 2019, by the following vote:
343		-	Yeas 31, Nays 0.
344		-	______________________________
345		-	Secretary of the Senate
346		-	APPROVED: __________________
347		-	Date
348		-	__________________
349		-	Governor
	336	+	* * * * *