TITLE 43. TRANSPORTATION

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 217. VEHICLE TITLES AND REGISTRATION

SUBCHAPTER G. INSPECTIONS

43 TAC §217.144

INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to Title 43 of the Texas Administrative Code (TAC) §217.144, concerning inspections. The department adopts the amendments to §217.144 without changes to the proposed text as published in the April 17, 2020, issue of the Texas Register (45 TexReg 2533). The rule will not be republished.

REASONED JUSTIFICATION. The amendments to §217.144 update the citation to Transportation Code §501.0321 for consistency in citation format throughout the section. The amendments to §217.144(1) update the name of a required training from "Motor Vehicle Burglary and Theft Investigator Training" to "Motor Vehicle Crime Investigator Training" to reflect the new name of the training. The substance of the training will not change as a result of the name change. Amendments to §217.144(1) also change the reference to the "Automobile Burglary and Theft Prevention Authority" to the "Motor Vehicle Crime Prevention Authority." The amendments are necessary to implement SB 604.

SUMMARY OF COMMENTS. The department received no comments on the proposal.

STATUTORY AUTHORITY. The department adopts amended §211.144 under Transportation Code §501.0321, which provides the department authority to adopt rules to determine appropriate training programs for a person who performs vehicle identification number inspections, and 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.

CROSS REFERENCE TO STATUTE. Transportation Code §501.0321 and §1002.001.

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 August 6, 2020.

TRD-202003192

Tracey Beaver

General Counsel

Texas Department of Motor Vehicles

Effective date: August 26, 2020

Proposal publication date: April 17, 2020

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


SUBCHAPTER I. FEES

43 TAC §217.182

INTRODUCTION. The Texas Department of Motor Vehicles adopts amendments to Title 43 Texas Administrative Code (TAC) §217.182, concerning Registration Transactions. These amendments implement Transportation Code §504.002, as amended by House Bill (HB) 1548, 86th Legislature, Regular Session (2019). The department adopts §217.182 without changes to the proposed rule text in the April 17, 2020, issue of the Texas Register (45 TexReg 2535).

EXPLANATION. The amendment to §217.182(5) inserts the word "license" before plate. This amendment is necessary to accurately reflect that an administrative fee is being assessed for a golf cart license plate under Transportation Code §551.402, and to achieve consistency throughout the entire rule in the use of the term "license plate."

The amendment to §217.182(6) inserts the word "license" before plate. This amendment is necessary to accurately reflect that an administrative fee is being assessed for a golf cart, neighborhood electric vehicle, or off-highway vehicle issued a package delivery vehicle license plate under Transportation Code §551.452 and to achieve consistency throughout the entire rule in the use of the term "license plate."

New §217.182(7) adds issuance of an off-highway vehicle license plate under Transportation Code §551A.052, to the list of registration transactions. A registration transaction is a transaction for which an administrative fee, called a processing and handling fee, is assessed to cover the costs of collecting fees for issuing license plates and other resignation insignia. The administrative fee to cover the costs of issuing an off-highway vehicle license plate is authorized in Transportation Code §504.002(b) as amended by HB 1548, 86th Legislature, Regular Session (2019). Processing and handling fees are authorized in Transportation Code §502.1911. For purposes of Transportation Code §551.452 and §551A.052, off-highway vehicles are defined in Transportation Code §551A.001.

SUMMARY OF COMMENTS. The department received one comment on the proposal. The Lubbock County Tax Assessor-Collector commented in support of the proposal with changes.

Comment. A commenter noted that County Road and Bridge Fees were not mentioned in the proposal. The commenter added that the County Road and Bridge Fees should be collected and remitted to each county.

Agency Response. The department agrees with the comment to the extent that County Road and Bridge Fees are not mentioned in the proposal. The proposal provides that an off-highway vehicle license plate under Transportation Code §551A.052 is a registration transaction in §217.182, and makes two changes for consistent references. The proposal does not affect the collection or remittance of County Road and Bridge Fees. Addressing the collection or remittance of county road and bridge fees in this adoption would involve matters not noticed in the proposal. As such, the department makes no changes based on this comment.

STATUTORY AUTHORITY. The department adopts amendments to §217.182 under Transportation Code §§504.002(b), 551.402(c), and 551A.052(c).

Transportation Code §504.002 authorizes the department to charge a fee to cover the costs of issuing license plates for golf carts or off-highway vehicles in an amount established by rule.

Transportation Code §551.402 requires the department to adopt rules establishing a procedure to issue license plates for golf carts and charge a fee not to exceed $10.

Transportation Code §551A.052 requires the department to adopt rules establishing a procedure to issue license plates for unregistered off-highway vehicles and charge a fee not to exceed $10.

Transportation Code §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code, Chapters 502, 504, and 551A.

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 August 6, 2020.

TRD-202003193

Tracey Beaver

General Counsel

Texas Department of Motor Vehicles

Effective date: August 26, 2020

Proposal publication date: April 17, 2020

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