Texas 2019 - 86th Regular

Texas Senate Bill SB1462 Compare Versions

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

Old	New	Differences
1	1	86R5277 JRR-F
2	2	By: Hughes S.B. No. 1462
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the titling, registration, and inspection of assembled
8	8	vehicles; imposing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle J, Title 7, Transportation Code, is
11	11	amended by adding Chapter 731 to read as follows:
12	12	CHAPTER 731. ASSEMBLED VEHICLES
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 731.001. DEFINITIONS. In this chapter:
15	15	(1) "Assembled vehicle" means a passenger car or light
16	16	truck that:
17	17	(A) is constructed by a person other than a
18	18	manufacturer licensed under Chapter 2301, Occupations Code, and is
19	19	not intended for retail sale;
20	20	(B) is materially altered from its original
21	21	construction;
22	22	(C) has a gross weight of less than 9,000 pounds;
23	23	(D) does not have a designated vehicle year; and
24	24	(E) may be assembled from various parts of
25	25	various vehicles and kits.
26	26	(2) "Light truck" has the meaning assigned by Section
27	27	541.201.
28	28	(3) "Passenger car" means a motor vehicle, as that
29	29	term is defined by Section 541.201, other than a motorcycle, used to
30	30	transport persons and designed to accommodate 10 or fewer
31	31	passengers, including the operator.
32	32	Sec. 731.002. APPLICABILITY. (a) This chapter does not
33	33	apply to a vehicle that:
34	34	(1) is assembled or merged from two or more vehicle
35	35	classes;
36	36	(2) uses the frame or body of a vehicle that has been
37	37	declared nonrepairable or junked; or
38	38	(3) contains a motor from a flood-damaged vehicle.
39	39	(b) This chapter applies to an assembled vehicle, other than
40	40	a vehicle described by Subsection (a), regardless of whether the
41	41	assembled vehicle:
42	42	(1) has a manufacturer's certificate of origin; or
43	43	(2) is constructed for both recreational off-road use
44	44	and on-road use.
45	45	Sec. 731.003. APPLICABILITY OF OTHER LAW. (a) Sections
46	46	501.032, 501.0321, and 501.033 apply to an assembled vehicle that
47	47	is titled or registered under Subchapter B.
48	48	(b) A reference to "motor vehicle" or "vehicle" in the
49	49	following provisions of law does not include an assembled vehicle
50	50	to which this chapter applies:
51	51	(1) Section 2301.002(24), Occupations Code;
52	52	(2) Sections 501.002(8), (15), (24), (26), (31), and
53	53	(32); and
54	54	(3) Sections 541.201(12) and (23).
55	55	(c) Subchapter C, Chapter 547, does not apply to an item of
56	56	vehicle equipment intended for an assembled vehicle to which this
57	57	chapter applies.
58	58	(d) Chapter 2301, Occupations Code, does not apply to an
59	59	assembled vehicle or a person who constructs an assembled vehicle.
60	60	(e) The owner of an assembled vehicle that is a custom
61	61	vehicle or street rod, as those terms are defined by Section
62	62	504.501, may have the vehicle titled, registered, and inspected in
63	63	accordance with this chapter or Chapters 501, 502, and 548.
64	64	SUBCHAPTER B. TITLE AND REGISTRATION
65	65	Sec. 731.051. DEFINITIONS. In this subchapter:
66	66	(1) "Certificate of title" means a printed record of
67	67	title issued under Section 731.052.
68	68	(2) "Department" means the Texas Department of Motor
69	69	Vehicles.
70	70	(3) "Title" means a certificate or record of title
71	71	that is issued under Section 731.052.
72	72	(4) "Vehicle identification number" means the
73	73	identification number assigned by the department under Section
74	74	501.033 and affixed to an assembled vehicle.
75	75	Sec. 731.052. TITLE FOR ASSEMBLED VEHICLE. (a) The
76	76	department shall establish procedures for the issuance of a title
77	77	for an assembled vehicle.
78	78	(b) The owner of an assembled vehicle must present
79	79	identification and apply for a title as prescribed by the
80	80	department, unless otherwise exempted by law. To obtain a title,
81	81	the owner must apply:
82	82	(1) to the county assessor-collector in the county in
83	83	which:
84	84	(A) the owner is domiciled; or
85	85	(B) the vehicle is purchased or encumbered; or
86	86	(2) to the county assessor-collector of a county who
87	87	is willing to accept the application if the county
88	88	assessor-collector's office of the county in which the owner
89	89	resides is closed or may be closed for a protracted period of time
90	90	as defined by the department.
91	91	(c) A title issued by the department must include:
92	92	(1) the legal name and address of each purchaser;
93	93	(2) the legal name of the seller and the municipality
94	94	and state in which the seller is located or resides;
95	95	(3) the type of the assembled vehicle;
96	96	(4) the vehicle identification number of the assembled
97	97	vehicle;
98	98	(5) the name and address of each lienholder and the
99	99	date of each lien on the assembled vehicle, listed in the
100	100	chronological order in which the lien was recorded;
101	101	(6) a statement indicating rights of survivorship; and
102	102	(7) any other information required by the department.
103	103	(d) On receipt of a certificate of title, the owner of an
104	104	assembled vehicle shall write the owner's name in ink in the space
105	105	provided on the certificate.
106	106	(e) On transfer of ownership of an assembled vehicle, the
107	107	seller shall complete assignment of title by signing and printing
108	108	the seller's name, printing the date of transfer, and printing the
109	109	purchaser's name and address on the title.
110	110	Sec. 731.053. REGISTRATION REQUIRED; GENERAL RULE. (a)
111	111	Not more than 30 days after purchasing an assembled vehicle or
112	112	becoming a resident of this state, the owner of an assembled vehicle
113	113	shall apply for the registration of the vehicle for:
114	114	(1) each registration year in which the vehicle is
115	115	used or to be used on a public highway; and
116	116	(2) if the vehicle is unregistered for a registration
117	117	year that has begun and that applies to the vehicle and if the
118	118	vehicle is used or to be used on a public highway, the remaining
119	119	portion of that registration year.
120	120	(b) The application must be accompanied by personal
121	121	identification as determined by department rule and made in a
122	122	manner prescribed by the department:
123	123	(1) through the county assessor-collector of the
124	124	county in which the owner resides; or
125	125	(2) if the office of that assessor-collector is
126	126	closed, or may be closed for a protracted period of time, as defined
127	127	by department rule, through a county assessor-collector who is
128	128	willing to accept the application.
129	129	(c) A county assessor-collector, a deputy county
130	130	assessor-collector, or a person acting on behalf of a county
131	131	assessor-collector is not liable to any person for:
132	132	(1) refusing to register an assembled vehicle because
133	133	of the person's failure to submit evidence of residency that
134	134	complies with the department's rules; or
135	135	(2) registering an assembled vehicle under this
136	136	section.
137	137	Sec. 731.054. INITIAL REGISTRATION. Notwithstanding
138	138	Section 731.053, the owner of an assembled vehicle may concurrently
139	139	apply for a title and for registration through the county
140	140	assessor-collector of the county in which:
141	141	(1) the owner resides; or
142	142	(2) the vehicle is purchased or encumbered.
143	143	Sec. 731.055. TITLE REQUIRED FOR REGISTRATION. The
144	144	department may not register or renew the registration of an
145	145	assembled vehicle unless the owner:
146	146	(1) obtains a title for the vehicle; or
147	147	(2) presents satisfactory evidence that a title was
148	148	previously issued to the owner by the department or another
149	149	jurisdiction.
150	150	Sec. 731.056. REGISTRATION PERIOD. (a) The department
151	151	shall designate an assembled vehicle registration year of 12
152	152	consecutive months to begin on the first day of a calendar month and
153	153	end on the last day of the 12th calendar month.
154	154	(b) The department shall designate assembled vehicle
155	155	registration years so as to distribute the work of the department
156	156	and the county assessor-collectors as uniformly as possible
157	157	throughout the year. The department may establish separate
158	158	registration years for any vehicle or classification of vehicle and
159	159	may adopt rules to administer the year-round registration system.
160	160	(c) The department may designate a registration period of
161	161	less than 12 months to be computed at a rate of one-twelfth the
162	162	annual registration fee multiplied by the number of months in the
163	163	registration period. The department by rule may allow payment of
164	164	registration fees for a designated period not to exceed the amount
165	165	of time determined by department rule.
166	166	(d) The department shall issue a registration receipt and
167	167	registration insignia that are valid until the expiration of the
168	168	designated period.
169	169	Sec. 731.057. REFUSAL TO REGISTER UNSAFE VEHICLE. The
170	170	department may refuse to register an assembled vehicle and may
171	171	cancel, suspend, or revoke a registration if the department
172	172	determines that an assembled vehicle is unsafe, improperly
173	173	equipped, or otherwise unfit to be operated on a public highway, as
174	174	noted by an inspector under Subchapter C.
175	175	Sec. 731.058. TITLE AND REGISTRATION FEES; ADMINISTRATION,
176	176	COLLECTION, AND DISPOSITION OF FEES. (a) An applicant for title or
177	177	registration of an assembled vehicle shall pay the applicable fee
178	178	required under Chapter 501 or 502.
179	179	(b) The provisions of Chapters 501 and 502 relating to the
180	180	administration, collection, and disposition of fees apply to an
181	181	assembled vehicle that is titled or registered under this chapter.
182	182	Sec. 731.059. RULES. (a) The department may adopt rules as
183	183	necessary to implement and administer this subchapter.
184	184	(b) The department by rule may designate provisions of
185	185	Chapters 501 and 502 as being applicable to an assembled vehicle
186	186	that is titled or registered under this subchapter, provided that
187	187	the department may not designate:
188	188	(1) a provision that conflicts with this chapter; or
189	189	(2) a provision that an assembled vehicle, by its
190	190	nature, cannot comply with or otherwise meet the requirements of.
191	191	SUBCHAPTER C. INSPECTION
192	192	Sec. 731.101. DEFINITIONS. In this subchapter,
193	193	"department," "inspection station," "inspector," and "vehicle
194	194	inspection report" have the meanings assigned by Chapter 548.
195	195	Sec. 731.102. CERTIFICATE REQUIRED FOR INSPECTORS. An
196	196	inspection or reinspection of an assembled vehicle under this
197	197	subchapter must be conducted by an inspector who holds a
198	198	certificate issued by the National Institute for Automotive Service
199	199	Excellence.
200	200	Sec. 731.103. ASSEMBLED VEHICLES AND EQUIPMENT SUBJECT TO
201	201	INSPECTION. An assembled vehicle registered under Subchapter B
202	202	must have the following items inspected by an inspector described
203	203	by Section 731.102:
204	204	(1) tires;
205	205	(2) wheel assembly;
206	206	(3) brake system, including power brake unit;
207	207	(4) steering system, including power steering;
208	208	(5) lighting equipment;
209	209	(6) horns and warning devices;
210	210	(7) mirrors;
211	211	(8) windshield wipers;
212	212	(9) front seat belts in vehicles that contain seat
213	213	belt anchorages; and
214	214	(10) fuel tank cap.
215	215	Sec. 731.104. REINSPECTION OF ASSEMBLED VEHICLE REQUIRING
216	216	ADJUSTMENT, CORRECTION, OR REPAIR. (a) If an inspection under this
217	217	subchapter discloses the necessity for adjustment, correction, or
218	218	repair, an inspector may not issue a passing vehicle inspection
219	219	report until the adjustment, correction, or repair is made. The
220	220	owner of the assembled vehicle may have the adjustment, correction,
221	221	or repair made by a qualified person of the owner's choice, subject
222	222	to reinspection. The vehicle shall be reinspected once free of
223	223	charge within 15 days after the date of the original inspection, not
224	224	including the date the original inspection is made, at the same
225	225	inspection station after the adjustment, correction, or repair is
226	226	made.
227	227	(b) An assembled vehicle that is inspected and is
228	228	subsequently involved in an accident affecting the safe operation
229	229	of an item of inspection must be reinspected following repair. The
230	230	reinspection must be at an inspection station and shall be treated
231	231	and charged as an initial inspection.
232	232	Sec. 731.105. ONE-YEAR INSPECTION PERIOD. The department
233	233	shall require an annual inspection for an assembled vehicle
234	234	registered under Subchapter B. The department shall set the
235	235	periods of inspection and may make rules with respect to those
236	236	periods.
237	237	Sec. 731.106. INSPECTION FEES; ADMINISTRATION, COLLECTION,
238	238	AND DISPOSITION OF FEES. (a) An owner of an assembled vehicle that
239	239	obtains an inspection under this subchapter shall pay the
240	240	applicable fee required under Chapter 548.
241	241	(b) The provisions of Chapter 548 relating to the
242	242	administration, collection, and disposition of fees apply to an
243	243	assembled vehicle that is inspected under this subchapter.
244	244	Sec. 731.107. RULES. (a) The department may adopt rules as
245	245	necessary to implement and administer this subchapter.
246	246	(b) The department by rule may designate provisions of
247	247	Chapter 548 as being applicable to an assembled vehicle that is
248	248	inspected under this subchapter, provided that the department may
249	249	not designate:
250	250	(1) a provision that conflicts with this chapter; or
251	251	(2) a provision that an assembled vehicle, by its
252	252	nature, cannot comply with or otherwise meet the requirements of.
253	253	SECTION 2. As soon as practicable after the effective date
254	254	of this Act, the Department of Public Safety of the State of Texas
255	255	and the Texas Department of Motor Vehicles shall adopt or modify any
256	256	rules necessary to implement the changes in law made by this Act.
257	257	SECTION 3. This Act takes effect September 1, 2019.