TITLE 43. TRANSPORTATION

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 206. MANAGEMENT

SUBCHAPTER G. ELECTRONIC SIGNATURES

43 TAC §206.131

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 206, Subchapter G, §206.131, Digital Certificates, without changes to the proposed text as published in the January 27, 2017, issue of the Texas Register (42 TexReg 300). The rule will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

House Bill 2739, 84th Legislature, Regular Session, 2015, added Business and Commerce Code, §506.001, which prohibits a person from denying the holder of a Texas concealed handgun license access to goods, services, or facilities because the holder presents a concealed handgun license, instead of a driver's license or other acceptable form of personal identification.

An amendment to §206.131 adds an unexpired concealed handgun license and a license to carry a handgun issued under Government Code, Chapter 411, Subchapter H, to the list of documents the department may use to verify the identity of an individual regarding a digital certificate.

An amendment modifies §206.131 to be consistent with other department rules which state that a Texas driver's license or identification certificate must not be expired if the individual chooses to use one of these forms of identification. Other amendments renumber some of the subparagraphs and modify the language in §206.131 for internal consistency.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to establish rules to implement the powers and duties of the department under the Transportation Code and other laws of this state.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702269

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: January 27, 2017

For further information, please call: (512) 465-5665


CHAPTER 209. FINANCE

SUBCHAPTER A. COLLECTION OF DEBTS

43 TAC §209.2

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 209, Finance, Subchapter A, Collection of Debts, §209.2, Charges for Dishonored Checks without changes to the proposed text as published in the March 24, 2017, issue of the Texas Register (42 TexReg 1389). The rule will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Amendments to §209.2 add language to provide a mechanism for the collection of any charges assessed for a dishonored electronic payment by a banking institution to the operator of Texas.gov that are passed on to the Texas Department of Motor Vehicles.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and duties of the department.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §3.506.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702247

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: June 28, 2017

Proposal publication date: March 24, 2017

For further information, please call: (512) 465-5665


CHAPTER 215. MOTOR VEHICLE DISTRIBUTION

SUBCHAPTER E. GENERAL DISTINGUISHING NUMBERS

43 TAC §215.140

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 215, Motor Vehicle Distribution, Subchapter E, General Distinguishing Numbers, §215.140, Established and Permanent Place of Business without changes to the proposed text as published in the March 24, 2017, issue of the Texas Register (42 TexReg 1390). The rule will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Amendments to §215.140 clarify that the premises requirements apply to each dealer when multiple dealers are licensed at the same location.

COMMENT

The department received a comment from Amber Hackett Crosby on behalf of the Texas Independent Automobile Dealers Association (TIADA). TIADA is in support of the department's proposed amendments to §215.140. TIADA appreciates the agency's effort to clarify rule required for dealer locations and to prevent off-site vehicle sales.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code; and more specifically, Transportation Code, §503.002, which authorizes the board to adopt rules to administer Chapter 503, Dealer's and Manufacturer's Vehicle License Plates.

CROSS REFERENCE TO STATUTE

Transportation Code, §§503.029, 503.030, and 503.032.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702252

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: June 28, 2017

Proposal publication date: March 24, 2017

For further information, please call: (512) 465-5665


43 TAC §215.155

The Texas Department of Motor Vehicles (department) adopts an amendment to Chapter 215, Motor Vehicle Distribution, Subchapter E, General Distinguishing Numbers, §215.155, Buyer's Temporary Tags without changes to the proposed text as published in the March 24, 2017, issue of the Texas Register (42 TexReg 1392). The rule will not be republished.

EXPLANATION OF ADOPTED AMENDMENT

Transportation Code, §503.063(g) requires a dealer to charge the buyer a fee of not more than $5 as prescribed by the department for each buyer's temporary tag issued. The statute directs this fee to be sent to the comptroller for deposit to the credit of the Texas Department of Motor Vehicles fund.

The amendment adds subsection (f) to §215.155, Buyer's Temporary Tags. Subsection (f) establishes the $5 fee and clarifies that if the vehicle is sold to an out-of-state buyer and the dealer is making payment through the department's electronic title system, the entire fee shall be remitted to the department for deposit to the credit of the Texas Department of Motor Vehicles fund. All other buyer's temporary tag fees shall be remitted to the county for deposit to the credit of the Texas Department of Motor Vehicles fund. The amendment also clarifies that the buyer's temporary tag fee shall not be charged if the vehicle is exempt from payment of certain registration fees (exempt registration, all-terrain vehicle or recreational off-highway vehicle or off-highway motorcycle).

COMMENT

The department received a comment from Amber Hackett Crosby on behalf of the Texas Independent Automobile Dealers Association (TIADA). TIADA is in support of the department's proposed amendments to codify the existing practice for remitting buyer's temporary tag fees when a vehicle is sold to an out-of-state buyer.

STATUTORY AUTHORITY

The amendment is adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, §503.002, which authorizes the board to adopt rules to administer Chapter 503, Dealer's and Manufacturer's Vehicle License Plates and Transportation Code, §503.063, which authorizes the department to establish the buyer's temporary tag fee by rule.

CROSS REFERENCE TO STATUTE

Transportation Code, §503.0631 and §503.068.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702254

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: June 28, 2017

Proposal publication date: March 24, 2017

For further information, please call: (512) 465-5665


CHAPTER 217. VEHICLE TITLES AND REGISTRATION

SUBCHAPTER B. MOTOR VEHICLE REGISTRATION

43 TAC §217.56

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 217, Vehicle Titles and Registration, Subchapter B, Motor Vehicle Registration, §217.56, Registration Reciprocity Agreements without changes to the proposed text as published in the March 24, 2017, issue of the Texas Register (42 TexReg 1393). The rule will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Amendments to §217.56 adopt by reference the current versions of the International Registration Plan (IRP) and the IRP Audit Procedures Manual. Amendments also correct language that is inconsistent with the IRP, and list the sources of the department's authority to cancel or revoke registration under §217.56.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, §502.091(b), which authorizes the department to adopt rules to carry out the IRP.

CROSS REFERENCE TO STATUTE

Transportation Code, §502.091.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702249

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: June 28, 2017

Proposal publication date: March 24, 2017

For further information, please call: (512) 465-5665


CHAPTER 218. MOTOR CARRIERS

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 218, Motor Carriers, Subchapter B: §218.13, Application for Motor Carrier Registration, and §218.17, Unified Carrier Registration System; Subchapter E: §218.56, Proposals and Estimates for Moving Services; §218.57, Moving Services Contract; and §218.65, Tariff Registration; and Subchapter F: §218.73, Administrative Proceedings. The department also adopts Subchapter F: the repeal of §218.74, Settlement Agreements, and new §218.75, Cost of Preparing Agency Record. Sections 218.17, 218.56, 218.57, 218.65, 218.73, 218.74, and 218.75 are adopted without changes to the proposed text as published in the April 7, 2017, issue of the Texas Register (42 TexReg 1876) and will not be republished. Section 218.13 is adopted with changes to the published proposed text and will be republished. The changes make terminology in §218.13 consistent with terminology in this chapter and convert certain words into the possessive form.

EXPLANATION OF ADOPTED AMENDMENTS, NEW SECTION, AND REPEAL

Most of the amendments resulted from over 16 meetings of department staff who are members of the Motor Carrier Credentialing System (MCCS) Working Group. The mission of the MCCS Working Group is to expand the web-enabling capabilities of MCCS and to facilitate certain enhancements to MCCS through an orderly and reasoned process. The overriding purposes of the MCCS Working Group meetings to date were to: 1) improve the credentialing process to protect the consumers who use the services of motor carriers; and 2) automate the credentialing process to ultimately enable all motor carriers to apply online through MCCS to obtain operating authority.

The amendments to §218.13 require the motor carrier applicants to provide additional information and documents, which will protect the consumers and improve safety by helping the department and law enforcement to identify the motor carrier. For example, applicants who are individuals will be required to provide information from a list of identification documents, so the department can verify the identity of the individual. Applicants who are entities will be required to provide their Texas Comptroller's Taxpayer Number or their Federal Employer Identification Number, which will help the department identify the applicant and verify whether the applicant is a valid legal entity by using databases from other state agencies, such as the Texas Secretary of State's Office.

The amendments also help the department administer and enforce Chapter 218 and Transportation Code, Chapter 643. For example, the amendments help the department determine whether the applicant is a chameleon carrier or reincarnated carrier, which is a carrier that attempts to reinvent itself or to operate affiliated companies to avoid the consequences of prior violations of the laws, rules, and/or regulations. The people who operate chameleon carriers will create a new business entity or operate affiliated companies because they would not qualify for a certificate of registration because of a prior revocation or unpaid penalties for prior violations. See Transportation Code, §643.054(a-1) and §643.2525(k) and (l). One of the amendments requires all applicants to complete the New Applicant Questionnaire, which helps the department comply with Transportation Code, §643.054. Section 643.054 authorizes the department to deny registration if the applicant is a chameleon carrier.

The Federal Motor Carrier Safety Administration (FMCSA) passed regulations to deal with chameleon carriers and cited to a fatal bus crash in Sherman, Texas in 2008, in which at least 17 people died and dozens of people were injured. The motor carrier involved in the bus crash was a reincarnation of another bus company that FMCSA had recently placed out of service. See 77 Fed. Reg. 24865 (April 26, 2012).

The amendments help the department comply with Family Code, §231.302, which requires state agencies to require license applicants to provide their social security number if they are an individual. The department is required to provide any social security numbers to the Texas Office of the Attorney General upon request. One amendment requires entities to provide either their Texas Comptroller's Taxpayer Number or their Federal Employer Identification Number, which will help the department verify whether an applicant is really a legal entity or an individual. If the applicant is an individual, the department requires the individual to provide a social security number, as required by Family Code, §231.302.

The amendments also require the motor carriers that obtain a certificate of registration to review certain information, such as their physical address, in MCCS every six months and to update the information if it is no longer correct. The department's Enforcement Division, as well as law enforcement, need certain current information to contact motor carriers to investigate, inspect records, and take any necessary enforcement action. Some motor carriers have had the same active certificate of registration for tens of years, and they may forget to update their contact information. The department's Enforcement Division has attempted to investigate certain motor carriers by going to the address on file with the department, only to find an empty parking lot at the address.

The amendments require household goods carriers and passenger carriers to provide a copy of the lease and certain information about the lessor, so the department can link a vehicle to the motor carrier that is leasing the vehicle and so the department can verify that the vehicle is registered under Transportation Code, Chapter 643. Household goods carriers and passenger carriers have more opportunity to cause harm to their customers, so the department needs more information from these carriers to protect the customers, as well as the traveling public. For example, if a household goods carrier leases a U-Haul truck that is used to steal a consumer's household goods, the lease information will help the department, as well as law enforcement, link the leased vehicle to the motor carrier.

An amendment requires household goods carriers to certify that they have procedures that comply with Code of Criminal Procedure, Article 62.063(b)(3), which prohibits certain people who are required to register as a sex offender from providing moving services in the residence of another person without supervision. This requirement helps to protect the consumers who use the services of a household goods carrier.

An amendment denies a seven-day or 90-day certificate of registration to a passenger carrier, unless approved by the director of the Motor Carrier Division, because of the time and resources involved in processing applications for passenger carriers. The department spends more time reviewing applications for passenger carriers because of the potential harm to a large number of people. The bus crash in Sherman, Texas in 2008 is just one example of a fatal passenger carrier accident. In response to several fatal passenger carrier accidents, the Texas Legislature amended Transportation Code, §643.252 in 2009 to require the department to deny registration to a for-hire passenger carrier if the carrier is required to register with FMCSA, and the federal registration is denied, revoked, suspended, or otherwise terminated.

An amendment to §218.17 incorporates the latest version of the Unified Carrier Registration Agreement (Agreement). The Unified Carrier Registration System plan and agreement is a federal motor carrier registration program authorized by 49 USC §14504a and 49 CFR Part 367. The participating states signed the Agreement, which implements the federal law and regulations.

Amendments to §218.56 and §218.57 authorize the household goods carriers and the consumers to use electronic documents and electronic signatures, so the parties can benefit from the convenience of modern technology.

Amendments to §218.65 delete language that conflicts with statute and update language because a new applicant might not have a certificate of registration.

Amendments to §218.73 allow more flexibility regarding settlement agreements and include language from §218.74. Section 218.74 is repealed in order to consolidate the language regarding administrative proceedings into §218.73. Amendments to §218.73 also inform motor carriers of the current law and rules which govern any proceedings under Chapter 218 and Transportation Code, Chapter 643 at the State Office of Administrative Hearings.

New §218.75 requires the party who appeals a final decision to pay the costs of preparing the record the department is required to file with the reviewing court, unless the department grants a waiver. It is equitable to make the party who appeals the decision pay the costs to prepare the record.

Other amendments update the rules to be consistent with current practice and to correct grammatical errors.

COMMENTS

No comments on the proposed amendments, new section, or repeal were received.

SUBCHAPTER B. MOTOR CARRIER REGISTRATION

43 TAC §218.13, §218.17

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code and other laws of this state; Government Code, §2001.004(1), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and more specifically, Transportation Code, §643.003, which authorizes the department to adopt rules to administer Transportation Code, Chapter 643; Transportation Code, §643.052(8), which authorizes the department by rule to require an application to include any information the department determines is necessary for the safe operation of a motor carrier under Chapter 218; Transportation Code, §643.061(a), which authorizes the department to adopt rules that provide for an optional temporary registration that is valid for less than one year; Transportation Code, §643.153, which requires the department to adopt rules to protect a consumer using the service of a motor carrier transporting household goods for compensation; and Government Code, §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001; Family Code, §231.302; and Transportation Code, Chapters 643 and 645, and §1003.004.

§218.13.Application for Motor Carrier Registration.

(a) Form of application. An application for motor carrier registration must be filed with the department's Motor Carrier Division and must be in the form prescribed by the director and must contain, at a minimum, the following information.

(1) USDOT number. A valid USDOT number.

(2) Business or trade name. The applicant must designate the business or trade name of the motor carrier.

(3) Owner name. If the motor carrier is a sole proprietorship, the owner must indicate the name and social security number of the owner. A partnership must indicate the partners' names, and a corporation or other entity must indicate principal officers and titles.

(4) Physical address of principal place of business. A motor carrier must disclose the motor carrier's principal business address. If the mailing address is different from the principal business address, the mailing address must also be disclosed.

(5) Legal agent.

(A) A Texas-domiciled motor carrier must provide the name, telephone number, and address of a legal agent for service of process if the agent is different from the motor carrier.

(B) A motor carrier domiciled outside Texas must provide the name, telephone number, and Texas address of the legal agent for service of process.

(C) A legal agent for service of process shall be a Texas resident, a domestic corporation, or a foreign corporation authorized to transact business in Texas with a Texas physical address, rather than a post office box, for service of process.

(6) Description of vehicles. An application must include a motor carrier equipment report identifying each commercial motor vehicle that requires registration and that the carrier proposes to operate. Each commercial motor vehicle must be identified by its motor vehicle identification number, make, model year, and type of cargo and by the unit number assigned to the commercial motor vehicle by the motor carrier. Any subsequent registration of vehicles must be made under subsection (e) of this section.

(7) Type of motor carrier operations. An applicant must state if the applicant:

(A) proposes to transport passengers, household goods, or hazardous materials; or

(B) is domiciled in a foreign country.

(8) Insurance coverage. An applicant must indicate insurance coverage as required by §218.16 of this title (relating to Insurance Requirements).

(9) Safety certification. Each motor carrier must complete, as part of the application, a certification stating that the motor carrier knows and will conduct operations in accordance with all federal and state safety regulations.

(10) Drug-testing certification. Each motor carrier must certify, as part of the application, that the motor carrier is in compliance with the drug-testing requirements of 49 C.F.R. Part 382. If the motor carrier belongs to a consortium, as defined by 49 C.F.R. Part 382, the applicant must provide the names of the persons operating the consortium.

(11) Duration of registration.

(A) An applicant must indicate the duration of the desired registration. Except as provided otherwise in this section, registration may be for seven calendar days, 90 calendar days, one year, or two years. The duration of registration chosen by the applicant will be applied to all vehicles.

(i) Household goods carriers may not obtain seven-day or 90-day certificates of registration.

(ii) Motor carriers that transport passengers in a commercial motor vehicle as defined by §218.2(8)(A)(ii) of this title (relating to Definitions) may not obtain seven-day or 90-day certificates of registration, unless approved by the director.

(B) Interstate motor carriers that operate in intrastate commerce and meet the requirements under §218.14(c) of this title (relating to Expiration and Renewal of Commercial Motor Vehicles Registration) are not required to renew a certificate of registration issued under this section.

(12) Additional requirements. The following fees, documents, and information must be submitted with all applications.

(A) An application must be accompanied by an application fee of:

(i) $100 for annual and biennial registrations;

(ii) $25 for 90-day registrations; or

(iii) $5 for seven-day registrations.

(B) An application must be accompanied by a vehicle registration fee of:

(i) $10 for each vehicle that the motor carrier proposes to operate under a seven-day, 90-day, or annual registration; or

(ii) $20 for each vehicle that the motor carrier proposes to operate under a biennial registration.

(C) An application must be accompanied by proof of insurance or financial responsibility and insurance filing fee as required by §218.16.

(D) An application must include the applicant's business telephone number, email address, and any cell phone number.

(E) An application must include the completed New Applicant Questionnaire.

(F) An application submitted by an individual must include the number from one of the following forms of identification:

(i) an unexpired driver's license issued by a state or territory of the United States. If the driver's license was issued by the Department of Public Safety, the application must also include the audit number listed on the driver's license;

(ii) an unexpired identification certificate issued by a state or territory of the United States; or

(iii) an unexpired concealed handgun license or license to carry a handgun issued by the Department of Public Safety under Government Code, Chapter 411, Subchapter H.

(G) An application submitted by an individual or entity with an assumed name must be accompanied by supporting documents regarding the assumed name, such as an assumed name filing in the county of proposed operation.

(H) An application submitted by an entity, such as a corporation, general partnership, limited liability company, limited liability corporation, limited partnership, or partnership, must include the entity's Texas Comptroller's Taxpayer Number or the entity's Federal Employer Identification Number.

(I) An application must be accompanied by any other information required by law.

(13) Additional requirements for household goods carriers. The following information, documents, and certification must be submitted with all applications by household goods carriers:

(A) A copy of the tariff that sets out the maximum charges for transportation of household goods between two or more municipalities, or a copy of the tariff governing interstate transportation services on a highway between two or more municipalities. If an applicant is governed by a tariff that its association has already filed with the department under §218.65 of this title (relating to Tariff Registration), the applicant complies with the requirement in this subparagraph by checking the applicable box on the application to identify the association's tariff.

(B) If the motor vehicle is not titled in the name of the household goods carrier, the following lease information and documentation, notwithstanding §218.18(a) of this title (relating to Short-term Lease and Substitute Vehicles):

(i) a copy of a valid lease agreement for each motor vehicle that the household goods carrier will operate; and

(ii) the name of the lessor and their USDOT number for each motor vehicle leased to the household goods carrier under a short-term lease.

(C) A certification that the household goods carrier has procedures that comply with Code of Criminal Procedure, Article 62.063(b)(3), which prohibits certain people who are required to register as a sex offender from providing moving services in the residence of another person without supervision.

(14) Additional requirements for passenger carriers. The following information and documents must be submitted with all applications for motor carriers that transport passengers in a commercial motor vehicle as defined by §218.2(8)(A)(ii) of this title:

(A) If the commercial motor vehicle is titled in the name of the motor carrier, a copy of the International Registration Plan registration receipt or a copy of the front and back of the title for each commercial motor vehicle; or

(B) If the commercial motor vehicle is not titled in the name of the motor carrier, the following lease information and documentation, notwithstanding §218.18(a) of this title:

(i) A copy of a valid lease agreement for each commercial motor vehicle; and

(ii) The name of the lessor and their USDOT number for each commercial motor vehicles leased to the motor carrier under a short-term lease.

(b) Conditional acceptance of application. If an application has been conditionally accepted by the director pursuant to Transportation Code, §643.055, the applicant may not operate the following until the department has issued a certificate under Transportation Code, §643.054:

(1) a commercial motor vehicle or any other motor vehicle to transport household goods for compensation, or

(2) a commercial motor vehicle to transport persons or cargo.

(c) Approved application. An applicant meeting the requirements of this section and whose registration is approved will be issued the following documents:

(1) Certificate of registration. The department will issue a certificate of registration. The certificate of registration will contain the name and address of the motor carrier and a single registration number, regardless of the number of vehicles requiring registration that the carrier operates.

(2) Insurance cab card. The department will issue an insurance cab card listing all vehicles to be operated under the carrier's certificate of registration. The insurance cab card shall be continuously maintained at the registrant's principal place of business. The insurance cab card will be valid for the same period as the motor carrier's certificate of registration and will contain information regarding each vehicle registered by the motor carrier.

(A) A current copy of the page of the insurance cab card on which the vehicle is shown shall be maintained in each vehicle listed, unless the motor carrier chooses to maintain a legible and accurate image of the insurance cab card on a wireless communication device in the vehicle or chooses to display such information on a wireless communication device by accessing the department's online system from the vehicle. The appropriate information concerning that vehicle shall be highlighted if the motor carrier chooses to maintain a hard copy of the insurance cab card or chooses to display an image of the insurance cab card on a wireless communication device in the vehicle. The insurance cab card or the display of such information on a wireless communications device will serve as proof of insurance as long as the motor carrier has continuous insurance or financial responsibility on file with the department.

(B) On demand by a department investigator or any other authorized government personnel, the driver shall present the highlighted page of the insurance cab card that is maintained in the vehicle or that is displayed on a wireless communication device in the vehicle. If the motor carrier chooses to display the information on a wireless communication device by accessing the department's online system, the driver must locate the vehicle in the department's online system upon request by the department-certified inspector or other authorized government personnel.

(C) The motor carrier shall notify the department in writing if it discontinues use of a registered commercial motor vehicle before the expiration of its insurance cab card.

(D) Any erasure or alteration of an insurance cab card that the department printed out for the motor carrier renders it void.

(E) If an insurance cab card is lost, stolen, destroyed, or mutilated; if it becomes illegible; or if it otherwise needs to be replaced, the department will print out a new insurance cab card at the request of the motor carrier. Motor carriers are authorized to print out a copy of a new insurance cab card using the department's online system.

(F) The department is not responsible for a motor carrier's inability to access the insurance information using the department's online system.

(G) The display of an image of the insurance cab card or the display of insurance information from the department's online system via a wireless communication device by the motor carrier does not constitute effective consent for a law enforcement officer, the department investigator, or any other person to access any other content of the wireless communication device.

(d) Additional and replacement vehicles. A motor carrier required to obtain a certificate of registration under this section shall not operate additional vehicles unless the carrier identifies the vehicles on a form prescribed by the director and pays applicable fees as described in this subsection.

(1) Additional vehicles. To add a vehicle, a motor carrier must pay a fee of $10 for each additional vehicle that the motor carrier proposes to operate under a seven-day, 90-day, or annual registration. To add a vehicle during the first year of a biennial registration, a motor carrier must pay a fee of $20 for each vehicle. To add a vehicle during the second year of a biennial registration, a motor carrier must pay a fee of $10 for each vehicle.

(2) Replacement vehicles. No fee is required for a vehicle that is replacing a vehicle for which the fee was previously paid. Before the replacement vehicle is put into operation, the motor carrier shall notify the department, identify the vehicle being taken out of service, and identify the replacement vehicle on a form prescribed by the department. A motor carrier registered under seven-day registration may not replace vehicles.

(e) Supplement to original application. A motor carrier required to register under this section shall submit a supplemental application under the following circumstances.

(1) Change of cargo. A registered motor carrier may not begin transporting household goods or hazardous materials unless the carrier submits a supplemental application to the department and shows the department evidence of insurance or financial responsibility in the amounts specified by §218.16.

(2) Change of name. A motor carrier that changes its name shall file a supplemental application for registration no later than the effective date of the change. The motor carrier shall include evidence of insurance or financial responsibility in the new name and in the amounts specified by §218.16. A motor carrier that is a corporation must have its name change approved by the Texas Secretary of State before filing a supplemental application. A motor carrier incorporated outside the state of Texas must complete the name change under the law of its state of incorporation before filing a supplemental application.

(3) Change of address or legal agent for service of process. A motor carrier shall file a supplemental application for any change of address or any change of its legal agent for service of process no later than the effective date of the change. The address most recently filed will be presumed conclusively to be the current address.

(4) Change in principal officers and titles. A motor carrier that is a corporation shall file a supplemental application for any change in the principal officers and titles no later than the effective date of the change.

(5) Conversion of corporate structure. A motor carrier that has successfully completed a corporate conversion involving a change in the name of the corporation shall file a supplemental application for registration and evidence of insurance or financial responsibility reflecting the new company name. The conversion must be approved by the Office of the Secretary of State before the supplemental application is filed.

(6) Change in drug-testing consortium status. A motor carrier that changes consortium status shall file a supplemental application that includes the names of the persons operating the consortium.

(7) Retaining a revoked or suspended certificate of registration number. A motor carrier may retain a prior certificate of registration number by:

(A) filing a supplemental application to re-register instead of filing an original application; and

(B) providing adequate evidence that the carrier has satisfactorily resolved the facts that gave rise to the suspension or revocation.

(f) Change of ownership. A motor carrier must file an original application for registration when there is a corporate merger or a change in the ownership of a sole proprietorship or of a partnership.

(g) Alternative vehicle registration for household goods agents. To avoid multiple registrations of a commercial motor vehicle, a household goods agent's vehicles may be registered under the motor carrier's certificate of registration under this subsection.

(1) The carrier must notify the department on a form approved by the director of its intent to register its agent's vehicles under this subsection.

(2) When a carrier registers vehicles under this subsection, the carrier's certificate will include all vehicles registered under its agent's certificates of registration. The carrier must register under its certificate of registration all vehicles operated on its behalf that do not appear on its agent's certificate of registration.

(3) The department may send the carrier a copy of any notification sent to the agent concerning circumstances that could lead to denial, suspension, or revocation of the agent's certificate.

(h) Substitute vehicles leased from leasing businesses. A registered motor carrier is not required to comply with the provisions of subsection (e) of this section for a substitute vehicle leased from a business registered under §218.18 of this title (relating to Short-term Lease and Substitute Vehicles). A motor carrier is not required to carry proof of registration as described in subsection (d) of this section if a copy of the lease agreement for the originally leased vehicle is carried in the cab of the temporary replacement vehicle.

(i) Once the motor carrier obtains a certificate of registration, the motor carrier must review its principal business address, mailing address, and email address in the department's online system every six months and shall update such information if it is no longer correct.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702283

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


SUBCHAPTER E. CONSUMER PROTECTION

43 TAC §§218.56, 218.57, 218.65

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code and other laws of this state; Government Code, §2001.004(1), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and more specifically, Transportation Code, §643.003, which authorizes the department to adopt rules to administer Transportation Code, Chapter 643; Transportation Code, §643.052(8), which authorizes the department by rule to require an application to include any information the department determines is necessary for the safe operation of a motor carrier under Chapter 218; Transportation Code, §643.061(a), which authorizes the department to adopt rules that provide for an optional temporary registration that is valid for less than one year; Transportation Code, §643.153, which requires the department to adopt rules to protect a consumer using the service of a motor carrier transporting household goods for compensation; and Government Code, §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001; Family Code, §231.302; and Transportation Code, Chapters 643 and 645, and §1003.004.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702284

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


SUBCHAPTER F. ENFORCEMENT

43 TAC §218.73, §218.75

STATUTORY AUTHORITY

The amendments and new section are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code and other laws of this state; Government Code, §2001.004(1), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and more specifically, Transportation Code, §643.003, which authorizes the department to adopt rules to administer Transportation Code, Chapter 643; Transportation Code, §643.052(8), which authorizes the department by rule to require an application to include any information the department determines is necessary for the safe operation of a motor carrier under Chapter 218; Transportation Code, §643.061(a), which authorizes the department to adopt rules that provide for an optional temporary registration that is valid for less than one year; Transportation Code, §643.153, which requires the department to adopt rules to protect a consumer using the service of a motor carrier transporting household goods for compensation; and Government Code, §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001; Family Code, §231.302; and Transportation Code, Chapters 643 and 645, and §1003.004.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702285

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


43 TAC §218.74

STATUTORY AUTHORITY

The repeal is adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code and other laws of this state; Government Code, §2001.004(1), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and more specifically, Transportation Code, §643.003, which authorizes the department to adopt rules to administer Transportation Code, Chapter 643; Transportation Code, §643.052(8), which authorizes the department by rule to require an application to include any information the department determines is necessary for the safe operation of a motor carrier under Chapter 218; Transportation Code, §643.061(a), which authorizes the department to adopt rules that provide for an optional temporary registration that is valid for less than one year; Transportation Code, §643.153, which requires the department to adopt rules to protect a consumer using the service of a motor carrier transporting household goods for compensation; and Government Code, §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001; Family Code, §231.302; and Transportation Code, Chapters 643 and 645, and §1003.004.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702286

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


CHAPTER 219. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS

The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 219, Oversize and Overweight Vehicles and Loads, Subchapter A: §219.2, Definitions, and §219.3, Surety Bonds for Vehicles Transporting Recyclable Materials or Solid Waste; and Subchapter H: §219.124, Administrative Proceedings. The department also adopts Subchapter H: new §219.127, Cost of Preparing Agency Record, and the repeal of §219.125, Settlement Agreements. These rules are adopted without changes to the proposed text as published in the April 7, 2017, issue of the Texas Register (42 TexReg 1885) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS, NEW SECTION, AND REPEAL

Amendments to §219.2 improve the terminology, correct errors, modify the language for consistency with other rules in Chapter 219, add definitions for undefined terms in Chapter 219, clarify that the definitions in Transportation Code, Chapters 621, 622, and 623 apply to Chapter 219, and delete definitions that are already contained in statute.

Amendments to §219.3 remove unnecessary language, clarify requirements and procedures, and reorganize the language for greater clarity. For example, the amendments remove the form numbers because it is not necessary to reference the form numbers in the rule. Also, the form numbers could change in the future.

Amendments to §219.124 include language from §219.125, which is being repealed in order to consolidate the language regarding administrative proceedings into §219.124. Amendments to §219.124 also inform the industry of the current laws and rules which govern any proceedings under Chapter 219 and Transportation Code, Chapters 621, 622, and 623 at the State Office of Administrative Hearings.

New §219.127 requires the party who appeals a final decision to pay the costs of preparing the record the department is required to file with the reviewing court, unless the department grants a waiver. It is equitable to make the appellant pay the costs to prepare the record.

COMMENTS

No comments on the proposed amendments, new section, or repeal were received.

SUBCHAPTER A. GENERAL PROVISIONS

43 TAC §219.2, §219.3

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, §§621.008, 622.002, and 623.002 which authorize the board to adopt rules that are necessary to implement and enforce Chapters 621, 622, and 623; and Government Code §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 621, 622, and 623.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702280

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


SUBCHAPTER H. ENFORCEMENT

43 TAC §219.124, §219.127

STATUTORY AUTHORITY

The amendments and new section are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, §§621.008, 622.002, and 623.002 which authorize the board to adopt rules that are necessary to implement and enforce Chapters 621, 622, and 623; and Government Code §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 621, 622, and 623.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702281

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


43 TAC §219.125

STATUTORY AUTHORITY

The repeal is adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, §§621.008, 622.002, and 623.002 which authorize the board to adopt rules that are necessary to implement and enforce Chapters 621, 622, and 623; and Government Code §2001.177, which authorizes a state agency by rule to require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparing the original or a certified copy of the record.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 621, 622, and 623.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702282

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 465-5665


CHAPTER 221. SALVAGE VEHICLE DEALERS, SALVAGE POOL OPERATORS AND SALVAGE VEHICLE REBUILDERS

The Texas Department of Motor Vehicles (department) adopts amendments to §221.16, Required Attachments to the License Application; §221.53, Casual Sales; and §221.73, Content of Records, without changes to the proposed text as published in the January 27, 2017, issue of the Texas Register (42 TexReg 301). The rules will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

House Bill 2739, 84th Legislature, Regular Session, 2015, added Business and Commerce Code, §506.001, which prohibits a person from denying the holder of a Texas concealed handgun license access to goods, services, or facilities because the holder presents a concealed handgun license, instead of a driver's license or other acceptable form of personal identification.

Amendments to §§221.16, 221.53, and 221.73 add a concealed handgun license and a license to carry a handgun issued under Government Code, Chapter 411, Subchapter H, to the list of documents the department may use to verify the identity of an individual. Other amendments renumber divisions within the rules, reorganize existing rule language, and improve the grammar within the rules.

COMMENTS

No comments on the proposed amendments were received.

SUBCHAPTER B. LICENSING

43 TAC §221.16

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to establish rules to implement the powers and duties of the department under the Transportation Code and other laws of this state; and more specifically, Occupations Code, §2302.051, which requires the board to adopt rules as necessary to administer Chapter 2302; and Occupations Code, §2302.204(1), which requires the board to adopt rules as necessary to regulate casual sales by salvage vehicle dealers, insurance companies, and salvage pool operators.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702270

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: January 27, 2017

For further information, please call: (512) 465-5665


SUBCHAPTER C. LICENSED OPERATIONS

43 TAC §221.53

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to establish rules to implement the powers and duties of the department under the Transportation Code and other laws of this state; and more specifically, Occupations Code, §2302.051, which requires the board to adopt rules as necessary to administer Chapter 2302; and Occupations Code, §2302.204(1), which requires the board to adopt rules as necessary to regulate casual sales by salvage vehicle dealers, insurance companies, and salvage pool operators.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702271

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: January 27, 2017

For further information, please call: (512) 465-5665


SUBCHAPTER D. RECORDS

43 TAC §221.73

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the board of the Texas Department of Motor Vehicles (board) with the authority to establish rules to implement the powers and duties of the department under the Transportation Code and other laws of this state; and more specifically, Occupations Code, §2302.051, which requires the board to adopt rules as necessary to administer Chapter 2302; and Occupations Code, §2302.204(1), which requires the board to adopt rules as necessary to regulate casual sales by salvage vehicle dealers, insurance companies, and salvage pool operators.

CROSS REFERENCE TO STATUTE

Business and Commerce Code, §506.001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702272

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Effective date: July 2, 2017

Proposal publication date: January 27, 2017

For further information, please call: (512) 465-5665