TITLE 43. TRANSPORTATION

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 218. MOTOR CARRIERS

SUBCHAPTER B. MOTOR CARRIER REGISTRATION

43 TAC §218.16

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes amendments to 43 Texas Administrative Code (TAC) Subchapter B, Motor Carrier Registration, §218.16, regarding Insurance Requirements. These amendments are necessary to streamline language and update the rule to align with federal and state safety ratings practices.

EXPLANATION.

A proposed amendment to §218.16(a) would modify subsection (a) to remove unnecessary rule text about the department rejecting extraneous information in a motor carrier's proof of automobile liability insurance. The department's current application form does not permit the submission of extraneous information, so there is no need for a rule about rejection of such information.

Proposed amendments to §218.16(b) would modify language for subject-verb agreement to improve readability.

A proposed amendment to §218.16(c) would condense language about required insurance coverage for a motor carrier whose primary business is transportation for compensation or hire between two municipalities. The proposed amendments would strike language that is redundant of Transportation Code, §643.106, while preserving the requirement that the carrier obtain at least the minimum amounts of insurance coverage specified by the statute to qualify for registration.

A proposed amendment to §218.16(d)(2)(C) would permit the department to approve an applicant who wishes to establish proof of self-insurance coverage, but has not been rated on safety by either the Texas Department of Public Safety (DPS) or the Federal Motor Carrier Safety Administration (FMCSA). While any carrier that is given a safety rating by DPS or FMCSA must be rated "satisfactory" to qualify for self-insured status, many carriers are not rated, and the operative agencies do not perform compliance reviews for safety ratings by request. The proposed amendments would also further align the department's rules with related federal regulation regarding self-insurance, as the governing federal provision, 49 C.F.R. §387.309(a)(3), permits certain interstate motor carriers to qualify for self-insurance by certifying that they have not been rated on safety by FMCSA. The proposed amendments would therefore allow the department to approve the self-insurance application of a motor carrier that has not been rated on safety by either DPS or FMCSA, while continuing to require a satisfactory safety rating for a motor carrier that has been rated.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Chris Hayden, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Clint Thompson, Director of the Motor Carrier Division, has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. Thompson has also determined that, for each year of the first five years the amended sections would be in effect, the anticipated public benefit is that the amended rules would be updated and streamlined to more accurately reflect and aid public understanding of current department and industry practice.

Anticipated Costs to Comply with the Proposal. Mr. Thompson anticipates that there will be no costs to comply with these rules. The proposed rules would clarify existing law and practice, rather than add new compliance activities.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by the Government Code, §2006.002, the department has determined that the proposed amendments will not have an adverse economic effect on small businesses, micro-businesses, and rural communities because the rule changes do not add new requirements and do not have any differential impact on small businesses, micro-businesses, or rural communities. Therefore, the department is not required to prepare a regulatory flexibility analysis under Government Code, §2006.002.

TAKINGS IMPACT ASSESSMENT. The department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that for each year of the first five years the proposed amendments would be in effect, no government program would be created or eliminated. Implementation of the proposed amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department, or an increase or decrease in fees paid to the department. The proposed amendments would not create a new regulation, repeal a regulation, or expand existing regulations. Rather, the proposed amendments to §218.16 would limit the application of existing regulatory requirements by allowing certain unrated motor carriers to qualify as self-insured, without expanding the rule's overall scope. Lastly, the proposed amendments would not affect the number of individuals subject to the rule's applicability and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

If you want to comment on the proposal, submit your written comments by 5:00 p.m. CDT on September 28, 2026. The department requests information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.

STATUTORY AUTHORITY. The department proposes amendments to §218.16 under Transportation Code, §643.003, which authorizes the department to adopt rules to administer Transportation Code, Chapter 643; Transportation Code, §643.102, which permits motor carriers to comply with liability insurance requirements through self-insurance in certain instances; Transportation Code, §643.106, which directs certain motor carriers to maintain either workers' compensation or accidental insurance coverage; Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; Government Code, §2001.054, which specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license; and Transportation Code, §1002.001, which 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. The amendments would implement Transportation Code, §643.102 and §643.106.

§ 218.16. Insurance Requirements.

(a) Automobile liability insurance requirements. A motor carrier must file proof of automobile liability insurance with the department on a form acceptable to the director for each vehicle required to be registered under this subchapter. The motor carrier shall carry and maintain automobile liability insurance that is combined single limit liability for bodily injury to or death of an individual per occurrence, and loss or damage to property (excluding cargo) per occurrence. [ Extraneous information will not be considered acceptable, and the department may reject proof of automobile liability insurance if it is provided in a format that includes information beyond what is required. ] Minimum insurance levels are indicated in the following table. However, a motor carrier that is required to register with the department under Transportation Code, Chapter 643 and operates a foreign commercial motor vehicle must comply with the minimum level of financial responsibility in 49 C.F.R. Part 387 for such vehicle. The department adopts by reference 49 C.F.R. Part 387 regarding the required level of financial responsibility, including any amendments that became effective through July 1, 2024.

Figure: 43 TAC §218.16(a) (No change.)

(b) Cargo insurance. Household goods carriers shall file and maintain with the department proof of financial responsibility.

(1) The minimum limits of financial responsibility for a household goods carrier are [ is ] $5,000 for loss or damage to a single shipper's cargo carried on any one motor vehicle.

(2) The minimum limits of financial responsibility for a household goods carrier are [ is ] $10,000 for aggregate loss or damage to multiple shippers' cargo carried on any one motor vehicle. In cases in which multiple shippers sustain damage and the aggregate amount of cargo damage is greater than the cargo insurance in force, the insurance company shall prorate the benefits among the shippers in relationship to the damage incurred by each shipper.

(c) Workers' compensation or accidental insurance coverage.

[(1)] A motor carrier that is required to register under this subchapter and whose primary business is transportation for compensation or hire between two or more municipalities shall provide workers' compensation for all its employees or accidental insurance coverage in at least the minimum amounts prescribed in Transportation Code, §643.106(b) [ paragraph (2) of this subsection ].

[(2) Accidental insurance coverage required by paragraph (1) of this subsection shall be at least in the following amounts:]

[(A) $300,000 for medical expenses for at least 104 weeks;]

[(B) $100,000 for accidental death and dismemberment;]

[(C) 70 percent of the employee's pre-injury income for not less than 104 weeks when compensating for loss of income; and]

[(D) $500 for the maximum weekly benefit.]

(d) Qualification of motor carrier as self-insured motor carrier.

(1) General qualifications. A motor carrier may meet the insurance requirements of subsections (a) and (b) of this section by filing an application, in a form prescribed by the department, to qualify as a self-insured motor carrier. The application must include a true and accurate statement of the motor carrier's financial condition and other evidence that establishes its ability to satisfy obligations for bodily injury and property damage liability, or cargo liability, if applicable, without affecting the stability or permanency of its business. The department may accept USDOT evidence of the motor carrier's qualifications as a self-insured motor carrier.

(2) Applicant guidelines. In addition to filing an application as prescribed by the department, an applicant for self-insured status must submit information and documents that will enable the department to determine the following information.

(A) Applicant's net worth. An applicant's net worth must be adequate in relation to the size of its operations and the extent of its request for self-insurance authority. The applicant must demonstrate that it can and will maintain an adequate net worth.

(B) Self-insurance program. An applicant must demonstrate that it has established and shall maintain a sound insurance program that will protect the public against all claims involving motor vehicles to the same extent as the minimum insurance levels applicable under this section. In determining whether an applicant is maintaining a sound insurance program, the department shall consider:

(i) reserves;

(ii) sinking funds;

(iii) third-party financial guarantees;

(iv) parent company or affiliate sureties;

(v) excess insurance coverage; and

(vi) other appropriate aspects of the applicant's program.

(C) Safety program. An applicant that has received a [ must submit evidence of a current "satisfactory" ] safety rating from the Texas Department of Public Safety (DPS) under Transportation Code, Chapter 644 and administrative rules adopted under Transportation Code, Chapter 644 or a [ "satisfactory" ] safety rating from FMCSA under federal law , as applicable, must submit evidence of a current "satisfactory" safety rating . An application by a motor carrier that has received a safety rating from DPS or FMCSA but does not have [ with less than ] a current "satisfactory" safety rating [ or no safety rating ] will be summarily denied. If an applicant has not been rated on safety by either DPS or FMCSA, the department may approve the application.

(3) Other securities or agreements. The department may accept an application for approval of a security or agreement if satisfied that the security or agreement offered will adequately protect the public.

(4) Periodic reports. An approved self-insured motor carrier shall file with the department annual statements and any reports required by the department reflecting the motor carrier's financial condition and the status of its self-insurance program while the motor carrier is self-insured.

(5) Duration and coverage of self-insured status. The department may approve an applicant as a self-insured motor carrier for any specific time or for an indefinite time. An approved self-insured status only applies to the type of cargo that the motor carrier reported to the department in the application for self-insured status, and is subject to any limitations, restrictions, or requirements that the department includes in any letter approving self-insured status.

(6) Revocation of self-insured status. On receiving evidence that a self-insured motor carrier's financial condition has changed, that its safety program or record is inadequate, or that it is otherwise not in compliance with this subchapter, the department may at any time require the self-insured motor carrier to provide additional information and documents. On 10 days' notice from the department, the self-insured motor carrier shall provide the department with information and documents, as applicable, that demonstrate that it remains in compliance with the requirements of this section and of any active self-insurance requirements included in the department's approval letter. If a motor carrier fails to comply with the applicable requirements under this section, its self-insured status may be revoked. The revocation of self-insured status will be governed by Chapter 224 of this title (relating to Adjudicative Practice and Procedure) and Transportation Code, Chapter 643.

(7) Appeal of denial of application for self-insured status. An applicant may appeal a denial of self-insured status by filing an appeal in accordance with §224.126 of this title (relating to Appeal of a Denial of Self-Insured Status).

(e) Filing proof of insurance with the department.

(1) Forms.

(A) A motor carrier shall file and maintain proof of automobile liability insurance for all vehicles required to be registered under this subchapter at all times. This proof shall be filed on a form acceptable to the director.

(B) A household goods carrier shall also file and maintain proof of cargo insurance for its cargo at all times. This proof shall be on a form acceptable to the director.

(2) Filing proof of insurance. A motor carrier's insurer shall file and maintain proof of insurance on a form acceptable to the director:

(A) at the time of the original application for a motor carrier certificate of registration;

(B) on or before the cancellation date of the insurance coverage as described in subsection (f) of this section;

(C) when the motor carrier changes insurers;

(D) when the motor carrier asks to retain the certificate number of a revoked certificate of registration;

(E) when the motor carrier changes its name under §218.13(e)(2) of this title (relating to Application for Motor Carrier Registration);

(F) when the motor carrier, under subsection (a) of this section, changes the classification of the cargo being transported; and

(G) when replacing another active insurance filing.

(3) Filing fee. Each certificate of insurance or proof of financial responsibility filed with the department for the coverage required under this section must be accompanied by a nonrefundable filing fee of $100 when the carrier submits an original application and when the carrier submits a supplemental application when retaining a revoked certificate of registration number.

(4) Acceptable filings. The motor carrier's insurer must file proof of insurance with the department in a form prescribed by the department and approved by an authorized agent of the insurer.

(f) Cancellation of insurance coverage. Except when replaced by another acceptable form of insurance coverage or proof of financial responsibility approved by the department, insurance coverage may not be canceled or withdrawn until 30 days after notice has been given to the department by the insurer in a form approved by the department. Nonetheless, proof of insurance coverage for a seven-day or 90-day certificate of registration may be canceled by the insurer without 30 days' notice if the certificate of registration is expired, suspended, or revoked, and the insurer provides a cancellation date on the proof of insurance coverage.

(g) Replacement insurance filing. The department shall consider a new insurance filing as the current record of financial responsibility required by this section if:

(1) the new insurance filing is received by the department; and

(2) a cancellation notice has not been received for previous insurance filings.

(h) Insolvency of insurance carrier. An affidavit required by Transportation Code, §643.105 must be executed by an owner, partner, or officer of the motor carrier.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603442

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


CHAPTER 219. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes amendments to 43 Texas Administrative Code (TAC) Subchapter A, General Provisions, §219.3; and Subchapter B, General Permits, §§219.11, 219.12, and 219.15, concerning modernization of bond certification, and updates and clean-up for general, single-trip, and portable building unit permits. The proposed amendments are necessary to update department rules on electronic bond filing and certification, as well as to modernize the rules for permits to align with current statute and practice, to delete unnecessary language, and to improve readability.

EXPLANATION.

§219.3

Currently, §219.3(b)(2) requires that surety bonds for vehicles transporting recycled materials or solid waste expire at the end of each state fiscal year. A proposed amendment to §219.3(b) would delete §219.3(b)(2) and add new §219.3(b)(1)(D) and (E) to allow more flexibility, requiring only that the surety bonds are valid and effective during the time period when the applicant for the bond certification is transporting recycled materials or solid waste, regardless of when that period falls with respect to the end of the state fiscal year. Current §219.3(b)(3) is proposed to be renumbered to accommodate the deletion of §219.3(b)(2).

Proposed amendments to proposed renumbered §§219.3(b)(2), 219.3(c), and §219.3(d) would modernize the rules by allowing for electronic document transfer between the department and applicants for surety bond certification. Proposed renumbered §219.3(b)(2) and §219.3(d)(4) would be updated to provide that the bond holder must carry in the cab of the bonded vehicle a copy of the bond, bond certification form, and a copy of any bond amendments and bond amendment forms, that have been filed with and certified by the department. This clarification aligns these rules with the statutory requirement under Transportation Code, §622.134(d) and §623.163(d) that a copy of the bond must be carried in the vehicle, eliminates the inconvenience and risk of having to carry the original documents, and provides an immediate mechanism for law enforcement to determine that the bond or bond amendment has been certified by the department.

Proposed amendments to §219.3(c)(1) would modernize the rule to allow electronic submission by removing a requirement that a bond certificate be completed in duplicate, because duplicate copies are unnecessary in electronic transmission. Proposed amendments to §219.3(c)(2) and §219.3(d)(2) would clarify that the department will review a bond or bond amendment prior to certification to determine that it meets requirements. Additional proposed amendments to §219.3(c)(2) and §219.3(d)(2) would modernize the rules to accommodate electronic document transfers by allowing the department flexibility to return either an electronic or hard copy of a bond certificate form or bond amendment form to the applicant. The current rules reference a single copy being returned and imply that the certificate is returned as a physical copy, which would no longer be the case with electronic document transmission. However, the rules would retain flexibility to allow for paper transmission in the unlikely event an electronic copy could not be transmitted.

Proposed amendments to §219.3(e) would modernize the rule to allow electronic document transfers. The proposed amendments would delete language requiring original copies of bond documents, and would instead allow bond holders to submit bonds and bond amendments to the department electronically, and allow the department to return electronic copies of certified forms for those bonds and amendments. The proposed amendments would add language clarifying that electronic copies of bond documents would be valid to the same extent as hard copies.

§219.11

A proposed amendment to §219.11(l)(2)(A) would remove outdated language related to an expiration date for holiday restrictions on permits. The Texas Department of Transportation has adopted a rule in 43 TAC §28.4, imposing dimension limits for permits issued on holidays effective February 19, 2025. Thus, the restrictions are now indefinitely in effect. The proposed amendment would update the rule accordingly.

Proposed amendments to §219.11(n) would align the provision with proposed changes in §219.3 related to the effective date and electronic transmission of bonds. Currently, §219.11(n)(1)(C) provides that surety bonds expire at the end of each state fiscal year for the vehicles required to obtain such bonds under Transportation Code, §623.075. A proposed amendment would delete §219.11(n)(1)(C) and add new §219.11(n)(1)(C) and (D) to allow more flexibility, requiring only that the surety bonds are valid and effective during the time period when the applicant for the bond certification is operating under the permit authorized in the section, regardless of when that period falls with respect to the end of the state fiscal year. The remaining subsections would be relettered to accommodate the addition of §219.11(n)(1)(C) and (D).

§219.12

Proposed amendments to §219.12(a) would clarify the timeframe in which movement is authorized under a single-trip permit. Single-trip permits are currently issued for a five-day period as this is generally a reasonable time frame for a single, continuous movement and offers some flexibility while remaining consistent with the concept of a single trip. However, the time frame may be extended with department approval for an additional five days if the movement is delayed--for example, if the load to be transported is not delivered when anticipated. Accordingly, the proposed amendment would update the rule to clarify current practice. A proposed amendment to §219.12(b)(4) would strike an outdated reference to exemption from the vehicle supervision fee for the holder of a fixed price public works contract that was entered into prior to February 21, 1999. The rule authorizing an exemption from the fee is no longer needed as there should be no remaining fixed price public works contracts to which the exemption would apply. The remaining subsections would be renumbered based on the proposed deletion of §219.12(b)(4).

§219.15

Proposed amendments to §219.15(a) would repeal rule language that is unnecessarily duplicative of statutory language in Transportation Code, Chapter 623, Subchapter F, and instead refer directly to the statute. A proposed amendment to §219.15(d) would replace language indicating that no fees are refundable with language that would allow the department flexibility to issue a refund if it is necessary to correct an error made by a permit officer of the department.

Several amendments are proposed to §219.15(e). Proposed amendments to §219.15(e)(2) would align the rule with Transportation Code §623.121(b), which allows for a permit load of over 80 feet in length only in truck-tractor or truck-tractor combination vehicle configurations, which are exempted by Transportation Code, §623.121(b). Other proposed amendments to §219.15(e) would delete §219.15(e)(5) and (e)(6) because the language is duplicative of statute, and would delete §219.15(e)(7) because the language is outdated and refers to a process for voiding permits that is no longer in use.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Chris Hayden, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Clint Thompson, Director of the Motor Carrier Division, has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. Thompson has also determined that, for each year of the first five years the amended section is in effect, there are several public benefits. Proposed amendments that would allow for electronic document processing would make the department more efficient in issuing bond certifications and permits, which would in turn create time savings and efficiencies for motor carriers and, in turn, members of the public served by motor carriers. In addition, the public would benefit from the improved clarity and readability of the department's rules, improved by removing language that is redundant with statute and outdated language, and by updating language to reflect current agency processes.

Anticipated Costs To Comply with the Proposal. Mr. Thompson anticipates that there will be no costs to comply with these rules. The proposed changes would simplify processes and clarify language for surety bond holders as well as permit applicants and holders.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by the Government Code, §2006.002, the department has determined that the proposed amendments will not have an adverse economic effect on small businesses, micro-businesses, and rural communities because there are not costs anticipated to comply with the proposal, so there would be no particular impact to small businesses, micro-businesses, or rural communities. Therefore, the department is not required to prepare a regulatory flexibility analysis under Government Code, §2006.002.

TAKINGS IMPACT ASSESSMENT. The department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed amendments are in effect, no government program would be created or eliminated. Implementation of the proposed amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department or an increase or decrease of fees paid to the department. The proposed amendments do not create a new regulation. The proposed amendments slightly expand current regulation by clarifying the documentation that must be carried in the vehicle to demonstrate department certification of a bond or amendment. The proposed amendments limit an existing regulation by allowing for electronic completion of existing requirements for bond filing and certification as well as increased flexibility in the time period during which the bonds must be valid and effective. In addition, the proposed amendments repeal portions of several existing regulations that are unnecessary, duplicative of statute, or in need of modernization. Lastly, the proposed amendments do not affect the number of individuals subject to the rule's applicability and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

If you want to comment on the proposal, submit your written comments by 5:00 p.m. CDT on September 28, 2026. The department requests information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.

SUBCHAPTER A. GENERAL PROVISIONS

43 TAC §219.3

STATUTORY AUTHORITY. The Texas Department of Motor Vehicles (department) proposes amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §622.134, which outlines requirements for a surety bond for certain vehicles transporting recyclable materials; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.163, which outlines requirements for a surety bond for certain vehicles transporting solid waste; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text.

CROSS REFERENCE TO STATUTE. The proposed amendments would implement Transportation Code, Chapters 621, 622, and 623; and Government Code, Chapter 2001.

§ 219.3. Surety Bonds for Vehicles Transporting Recyclable Materials or Solid Waste.

(a) Surety bond required. A surety bond is required for:

(1) vehicles used exclusively to transport recyclable materials operated under the provisions of Transportation Code, §622.134; and

(2) vehicles used exclusively to transport solid waste under the provisions of Transportation Code, §623.163.

(b) Surety bonds.

(1) Surety bonds filed under this section must:

(A) be in the amount of $1,000 per vehicle;

(B) indicate the total amount of coverage; [ and ]

(C) be filed on a form and in a manner prescribed by the department ; [ . ]

(D) indicate the effective date and expiration date; and

(E) remain valid and in effect while the vehicle is operating as specified in subsection (a).

[(2) A surety bond is effective the day it is issued and expires at the end of the state fiscal year.]

(2) [ (3) ] A copy of the [ The original ] bond and certificate form , filed with and certified by the department, must be carried in the cab of the bonded vehicle.

(c) Bond certification.

(1) For each vehicle, a bond certificate must:

(A) be on a form prescribed by the department; and

(B) be completed [ in duplicate ] and submitted to the department in a manner prescribed by the department for certification.

(2) The department will review the bond to determine whether it meets the requirements of this section and, if so, certify and return an electronic or hard [ one ] copy of the bond certificate form to the principal.

(d) Bond amendment.

(1) A bond amendment form must be submitted to the department to add or delete a vehicle covered by a certified surety bond. A bond amendment must be completed [ in duplicate ] on a form and in a manner prescribed by the department.

(2) The department will review the bond amendment to determine whether it meets the requirements of this section and, if so, certify and return to the principal an [ one ] electronic or hard copy of the bond amendment form when a new vehicle is added to the surety bond.

(3) When a vehicle is removed from the surety bond, the department will make the necessary revision to the principal's file.

(4) A copy of the [ The ] certified bond amendment and amendment form must be carried in the cab of the bonded vehicle.

(e) Acceptable bond documents. The department may accept an electronic copy of a surety bond or bond amendment in lieu of an original. In addition, the department may allow the electronic filing of a bond certificate form or bond amendment form. An electronically transmitted copy of a bond certificate, bond amendment, or an approved bond certificate or amendment form is valid to the same extent as a hard copy version of the document. [ An electronic copy or facsimile copy of a surety bond form, bond certification form, or bond amendment form is not acceptable in lieu of the original surety bond. ]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603443

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


SUBCHAPTER B. GENERAL PERMITS

43 TAC §§219.11, 219.12, 219.15

STATUTORY AUTHORITY. The department proposes amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.071, which authorizes the department to issue a permit to an applicant to move certain equipment or commodities; Transportation Code, §623.075, which requires a surety bond for certain permit applicants not subject to intrastate registration authority under Transportation Code, Chapter 643; Transportation Code §623.078, which requires a vehicle supervision fee in specific instances; Transportation Code, §623.121, which authorizes the department to issue permits to move portable building units; Transportation Code, §623.127, which lists the duration of a portable building unit permit; Transportation Code, §623.128, which restricts movement authorized by a portable building unit permit to daytime hours; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text.

CROSS REFERENCE TO STATUTE. The proposed amendments would implement Transportation Code, Chapters 621, 622, and 623; and Government Code, Chapter 2001.

§ 219.11. General Oversize/Overweight Permit Requirements and Procedures.

(a) Purpose and scope. This section contains general requirements relating to oversize/overweight permits, including single-trip permits. Specific requirements for each type of specialty permit are provided for in this chapter.

(b) Motor carrier registration or surety bond. Unless exempted by law, prior to obtaining an oversize/overweight permit, an applicant permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, must be registered as a motor carrier under Chapter 218 of this title (relating to Motor Carriers) or, if not required to obtain a motor carrier registration, file a surety bond with the department as described in subsection (n) of this section.

(c) Permit application.

(1) An application for a permit shall be made in a form and by the method prescribed by the department, and at a minimum shall include the following, unless stated otherwise in this subchapter:

(A) name, customer identification number, and address of the applicant;

(B) name, telephone number, and email address of contact person;

(C) applicant's USDOT Number if applicant is required by law to have a USDOT Number;

(D) complete load description, including maximum width, height, length, overhang, and gross weight;

(E) complete description of vehicle, including truck year, make, license plate number and state of issuance, and vehicle identification number, if required;

(F) vehicle axle and tire information including number of axles, distance between axles, axle weights, number of tires, and tire size for overweight permit applications; and

(G) any other information required by law.

(2) Applications transmitted electronically are considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the application.

(A) The department may only accept a digital signature used to authenticate an application under procedures that comply with any applicable rules adopted by the Department of Information Resources regarding department use or acceptance of a digital signature.

(B) The department may only accept a digital signature to authenticate an application if the digital signature is:

(i) unique to the person using it;

(ii) capable of independent verification;

(iii) under the sole control of the person using it; and

(iv) transmitted in a manner that will make it infeasible to change the data in the communication or digital signature without invalidating the digital signature.

(d) Maximum permit weight limits.

(1) General. An overweight permitted vehicle will not be routed over a load-restricted bridge when exceeding the posted capacity of the bridge, unless a special exception is granted by TxDOT, based on an analysis of the bridge performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT licensed professional engineer must have final approval from TxDOT.

(A) An axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group to achieve the maximum permit weight for the group.

(B) The maximum permit weight for an axle group with spacing of five or more feet between each axle will be based on an engineering study of the equipment conducted by TxDOT.

(C) A permitted vehicle will be allowed to have air suspension, hydraulic suspension, and mechanical suspension axles in a common weight equalizing suspension system for any axle group.

(D) The department may permit axle weights greater than those specified in this section, for a specific individual permit request, based on an engineering study of the route and hauling equipment performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT licensed professional engineer must have final approval from TxDOT.

(E) A permitted vehicle or combination of vehicles may not exceed the manufacturer's rated tire carrying capacity, unless expressly authorized in the language on the permit based on an analysis performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT licensed professional engineer must have final approval from TxDOT.

(F) If two or more consecutive axle groups have an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, the maximum permit weight on the axle groups will be reduced by 2.5% for each foot less than 12 feet.

(2) Maximum axle weight limits. Maximum permit weight for an axle or axle group is based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:

(A) single axle--25,000 pounds;

(B) two-axle group--46,000 pounds;

(C) three-axle group--60,000 pounds;

(D) four-axle group--70,000 pounds;

(E) five-axle group--81,400 pounds;

(F) axle group with six or more axles--determined by TxDOT based on an engineering study of the equipment, which will include the type of steering system used, the type of axle suspension, the spacing distance between each axle, the number of tires per axle, and the tire size on each axle; or

(G) trunnion axles--30,000 pounds per axle if the trunnion configuration has:

(i) two axles;

(ii) eight tires per axle;

(iii) axles a minimum of 10 feet in width; and

(iv) at least five feet of spacing between the axles, not to exceed six feet.

(3) Weight limits for load restricted roads. Maximum permit weight for an axle or axle group, when traveling on a load restricted road, will be based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:

(A) single axle--22,500 pounds;

(B) two-axle group--41,400 pounds;

(C) three-axle group--54,000 pounds;

(D) four-axle group--63,000 pounds;

(E) five-axle group--73,260 pounds;

(F) axle group with six or more axles--determined by TxDOT based on an engineering study of the equipment, which will include the type of steering system used, the type of axle suspension, the spacing distance between each axle, the number of tires per axle, and the tire size on each axle;

(G) trunnion axles--54,000 pounds; and

(H) if two or more consecutive axle groups have an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, the maximum permit weight on the axle groups will be reduced by 2.5% for each foot less than 12 feet.

(e) Permit issuance.

(1) General. Upon receiving an application in the form prescribed by the department, the department will review the permit application for the appropriate information and will then determine the most practical route based on information provided by TxDOT.

(2) Routing.

(A) A permitted vehicle will be routed over the most practical route available taking into consideration:

(i) the size and weight of the overdimension load in relation to vertical clearances, width restrictions, steep grades, and reduced capacity or load restricted bridges;

(ii) the geometrics of the roadway in comparison to the overdimension load;

(iii) sections of highways restricted to specific load sizes and weights due to construction, maintenance, and hazardous conditions;

(iv) traffic conditions, including traffic volume;

(v) route designations by municipalities in accordance with Transportation Code, §623.072;

(vi) load restricted roads; and

(vii) other considerations for the safe transportation of the load.

(B) When a permit applicant desires a route other than the most practical, more than one permit will be required for the trip unless an exception is granted by the department.

(3) Movement to and from point of origin or place of business. A permitted vehicle will be allowed to:

(A) move empty oversize and overweight hauling equipment to and from the job site; and

(B) move oversize and overweight hauling equipment with a load from the permitted vehicle's point of origin to pick up a permitted load, and to the permitted vehicle's point of origin or the permittee's place of business after dropping off a permitted load, as long as:

(i) the load does not exceed legal size and weight limits under Transportation Code, Chapters 621 and 622; and

(ii) the transport complies with the permit, including the time period stated on the permit.

(f) Refund of permit fees. A permit fee will not be refunded after the permit number has been issued unless such refund is necessary to correct an error made by the permit officer.

(g) Amendments. A permit may be amended for the following reasons:

(1) vehicle breakdown;

(2) changing the intermediate points in an approved permit route;

(3) extending the expiration date due to conditions which would cause the move to be delayed;

(4) changing route origin or route destination prior to the start date as listed on the permit;

(5) changing vehicle size limits prior to the permit start date as listed on the permit, provided that changing the vehicle size limit does not necessitate a change in the approved route; and

(6) correcting any mistake that is made due to permit officer error.

(h) Requirements for overwidth loads.

(1) Unless stated otherwise on the permit, an overwidth load must travel in the outside traffic lane on multi-lane highways, when the width of the load exceeds 12 feet.

(2) Overwidth loads are subject to the escort requirements of subsection (k) of this section.

(3) A permitted vehicle exceeding 16 feet in width will not be routed on the main lanes of a controlled access highway, unless an exception is granted by TxDOT, based on a route and traffic study. The load may be permitted on the frontage roads when available, if the movement will not pose a safety hazard to other highway users.

(4) An applicant requesting a permit to move a load exceeding 20 feet wide will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(i) Requirements for overlength loads.

(1) Overlength loads are subject to the escort requirements stated in subsection (k) of this section.

(2) A single vehicle, such as a motor crane, that has a permanently mounted boom is not considered as having either front or rear overhang as a result of the boom because the boom is an integral part of the vehicle.

(3) When a single vehicle with a permanently attached boom exceeds the maximum legal length of 45 feet, a permit will not be issued if the boom projects more than 25 feet beyond the front bumper of the vehicle, or when the boom projects more than 30 feet beyond the rear bumper of the vehicle, unless an exception is granted by TxDOT, based on a route and traffic study.

(4) Maximum permit length for a single vehicle is 75 feet.

(5) A load extending more than 20 feet beyond the front or rearmost portion of the load carrying surface of the permitted vehicle must have a rear escort flag vehicle, unless an exception is granted by TxDOT, based on a route and traffic study.

(6) A permit will not be issued for an oversize vehicle and load with:

(A) more than 25 feet front overhang; or

(B) more than 30 feet rear overhang, unless an exception is granted by TxDOT, based on a route and traffic study.

(7) An applicant requesting a permit to move an oversize vehicle and load exceeding 125 feet overall length will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the oversize vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the oversize vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(8) A permitted vehicle that is not overwidth or overheight, and does not exceed 150 feet overall length, may be moved in a convoy consisting of not more than four overlength permitted vehicles. A permitted vehicle that is not overwidth or overheight that exceeds 150 feet, but does not exceed 180 feet overall length, may be moved in a convoy consisting of not more than two overlength permitted vehicles. Convoys are subject to the requirements of subsection (k) of this section. Each permitted vehicle in the convoy must:

(A) be spaced at least 1,000 feet, but not more than 2,000 feet, from any other permitted vehicle in the convoy; and

(B) have a rotating amber beacon or an amber pulsating light, not less than eight inches in diameter, mounted at the rear top of the load being transported.

(j) Requirements for overheight loads.

(1) Overheight loads are subject to the escort requirements stated in subsection (k) of this section.

(2) An applicant requesting a permit to move an oversize vehicle and load with an overall height of 19 feet or greater will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the oversize vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the oversize vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(k) Escort flag vehicle requirements. Escort flag vehicle requirements are provided to facilitate the safe movement of permitted vehicles and to protect the traveling public during the movement of permitted vehicles. A permittee must provide for escort flag vehicles and law enforcement assistance when required by TxDOT. The requirements in this subsection do not apply to the movement of manufactured housing, portable building units, or portable building compatible cargo, unless stated otherwise in this chapter.

(1) General.

(A) Applicability. The operator of an escort flag vehicle shall, consistent with applicable law, warn the traveling public when:

(i) a permitted vehicle must travel over the center line of a narrow bridge or roadway;

(ii) a permitted vehicle makes any turning movement that will require the permitted vehicle to travel in the opposing traffic lanes;

(iii) a permitted vehicle reduces speed to cross under a low overhead obstruction or over a bridge;

(iv) a permitted vehicle creates an abnormal and unusual traffic flow pattern; or

(v) in the opinion of TxDOT, warning is required to ensure the safety of the traveling public or safe movement of the permitted vehicle.

(B) Law enforcement assistance. Law enforcement assistance may be required by TxDOT to control traffic when a permitted vehicle is being moved within the corporate limits of a city, or at such times when law enforcement assistance would provide for the safe movement of the permitted vehicle and the traveling public.

(C) Obstructions. It is the responsibility of the permittee to contact utility companies, telephone companies, television cable companies, or other entities as they may require, when it is necessary to raise or lower any overhead wire, traffic signal, street light, television cable, sign, or other overhead obstruction. The permittee is responsible for providing the appropriate advance notice as required by each entity.

(2) Escort requirements for overwidth loads. Unless an exception is granted based on a route and traffic study conducted by TxDOT, an overwidth load must:

(A) have a front escort flag vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a two lane roadway;

(B) have a rear escort flag vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a roadway of four or more lanes; and

(C) have a front and a rear escort flag vehicle for all roads, when the width of the load exceeds 16 feet.

(3) Escort requirements for overlength loads. Unless an exception is granted by TxDOT, based on a route and traffic study, overlength loads must have:

(A) a front escort flag vehicle when traveling on a two lane roadway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length;

(B) a rear escort flag vehicle when traveling on a multi-lane highway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length; and

(C) a front and rear escort flag vehicle at all times if the permitted vehicle exceeds 125 feet overall length.

(4) Escort requirements for overheight loads. Unless an exception is granted by TxDOT, based on a route and traffic study, overheight loads must have:

(A) a front escort flag vehicle equipped with a height pole to ensure the vehicle and load can clear all overhead obstructions for any permitted vehicle that exceeds 17 feet in height; and

(B) a front and rear escort flag vehicle for any permitted vehicle exceeding 18 feet in height.

(5) Escort requirements for permitted vehicles exceeding legal limits in more than one dimension. When a load exceeds more than one dimension that requires an escort under this subsection, front and rear escort flag vehicles will be required unless an exception is granted by TxDOT.

(6) Escort requirements for convoys. Convoys must have a front escort flag vehicle and a rear escort flag vehicle on all highways at all times.

(7) General equipment requirements. The following special equipment requirements apply to permitted vehicles and escort flag vehicles that are not motorcycles.

(A) An escort flag vehicle must be a single unit with a gross vehicle weight (GVW) of not less than 1,000 pounds nor more than 10,000 pounds.

(B) An escort flag vehicle must be equipped with two flashing amber lights; one rotating amber beacon of not less than eight inches in diameter; or alternating or flashing blue and amber lights, each of which must be visible from all directions while actively engaged in escort duties for the permitted vehicle.

(C) An escort flag vehicle must display a sign, on either the roof of the vehicle, or the front and rear of the vehicle, with the words "OVERSIZE LOAD" or "WIDE LOAD." The sign must be visible from the front and rear of the vehicle while escorting the permitted load. The sign must meet the following specifications:

(i) at least five feet, but not more than seven feet in length, and at least 12 inches, but not more than 18 inches in height;

(ii) the sign must have a yellow background with black lettering;

(iii) letters must be at least eight inches, but not more than 10 inches high with a brush stroke at least 1.41 inches wide; and

(iv) the sign must be visible from the front or rear of the vehicle while escorting the permitted vehicle, and the signs must not be used at any other time.

(D) An escort flag vehicle must maintain two-way communications with the permitted vehicle and other escort flag vehicles involved with the movement of the permitted vehicle.

(8) Equipment requirements for motorcycles.

(A) An official law enforcement motorcycle may be used as a primary escort flag vehicle for a permitted vehicle traveling within the limits of an incorporated city, if the motorcycle is operated by a highway patrol officer, sheriff, or duly authorized deputy, or municipal police officer.

(B) An escort flag vehicle must maintain two-way communications with the permitted vehicle and other escort flag vehicles involved with the movement of the permitted vehicle.

(l) Restrictions.

(1) Daytime and nighttime movement restrictions.

(A) A permitted vehicle may be moved only during the daytime unless:

(i) the permitted vehicle is overweight only;

(ii) the permitted vehicle is traveling on an interstate highway and does not exceed 10 feet wide and 100 feet long, with front and rear overhang that complies with legal standards; or

(iii) the permitted vehicle meets the criteria of clause (ii) of this subparagraph and is overweight.

(B) An exception may be granted allowing nighttime movement, based on a route and traffic study conducted by TxDOT. Escort flag vehicles may be required when an exception allowing nighttime movement is granted.

(2) Holiday restrictions.

(A) The [ Effective through January 10, 2025, the ] maximum size limits for a permit issued under Transportation Code, Chapter 623, Subchapter D, for holiday movement is 14 feet wide, 16 feet high, and 110 feet long, unless an exception is granted based on a route and traffic study conducted by TxDOT.

(B) The department may restrict holiday movement of specific loads based on TxDOT's determination that the load could pose a hazard for the traveling public due to local road or traffic conditions.

(3) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.

(m) General provisions.

(1) Multiple commodities.

(A) When a permitted commodity creates a single overdimension, two or more commodities may be hauled as one permit load, provided legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created or made greater by the additional commodities. For example, a permit issued for the movement of a 12 foot wide storage tank may also include a 10 foot wide storage tank loaded behind the 12 foot wide tank provided that legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created.

(B) Subject to the restrictions in subparagraph (A) of this paragraph and the definition of a "nondivisible load or vehicle" in §219.2 of this title (relating to Definitions), an applicant requesting a permit to haul a dozer and its detached blade may be issued a permit, as a nondivisible load, if removal of the blade will decrease the overall width of the load, thereby reducing the hazard to the traveling public.

(2) Oversize hauling equipment. A vehicle that exceeds the legal size limits, as set forth by Transportation Code, Chapter 621, Subchapter C, may only haul a load that exceeds legal size limits unless otherwise noted in this subchapter, but such vehicle may haul an overweight load that does not exceed legal size limits, except for the special exception granted in §219.13(c)(3) of this title (relating to Time Permits).

(n) Surety bonds under Transportation Code, §623.075.

(1) General requirements. The surety bond must comply with the following requirements:

(A) be in the amount of $10,000;

(B) be filed on a form and in a manner prescribed by the department;

(C) indicate the effective date and expiration date [ be effective the day it is issued and expire at the end of the state fiscal year ];

(D) remain valid and in effect while the vehicle is operating as specified in this section;

(E) [ (D) ] include the primary mailing address and zip code of the principal;

(F) [ (E) ] be signed by the principal; and

(G) [ (F) ] have a single entity as principal with no other principal names listed.

(2) Non-resident agent. A non-resident agent with a valid Texas insurance license may issue a surety bond on behalf of an authorized insurance company when in compliance with Insurance Code, Chapter 4056.

(3) Certificate of continuation. A certificate of continuation will not be accepted.

(4) Electronic copy of surety bond. The department will accept an electronic copy of the surety bond in lieu of the original surety bond.

§ 219.12. Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D.

(a) General.

(1) The information in this section applies to single-trip permits issued under Transportation Code, Chapter 623, Subchapter D. The department will issue permits under this section in accordance with the requirements of §219.11 of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(2) The department will issue a permit for a single, continuous movement from the origin to the destination during a time period not to exceed five days, unless the department grants an extension pursuant to §219.11(g)(3) of this title, relating to General Oversize/Overweight Permit Requirements and Procedures.

(b) Overweight loads.

(1) The maximum weight limits for an overweight permit are specified in §219.11(d).

(2) The applicant shall pay, in addition to the single-trip permit fee of $60, the applicable highway maintenance fee.

(3) The applicant must also pay the vehicle supervision fee (VSF) for a permit issued for an overweight vehicle and load exceeding 200,000 pounds gross weight.

(A) The VSF is $35 if:

(i) the vehicle and load do not exceed 254,300 pounds gross weight;

(ii) there is at least 95 feet of overall axle spacing; and

(iii) the vehicle and load do not exceed maximum permit weight on any axle or axle group, as described in §219.11(d).

(B) The VSF is $500 if:

(i) there is less than 95 feet of overall axle spacing;

(ii) the vehicle and load exceed maximum permit weight on any axle or axle group, as described in §219.11(d); or

(iii) the vehicle and load exceed 254,300 pounds gross weight. However, for a vehicle and load described in this subparagraph, the VSF is reduced from $500 to $100 if no bridges are crossed, and the VSF is reduced from $500 to $35 for an additional identical load that is to be moved over the same route within 30 days of the movement date of the original permit.

(C) An applicant must pay the VSF at the time of permit application in order to offset TxDOT's costs for analyses performed in advance of issuing the permit. A request for cancellation must be in writing and received by the department prior to collection of the structural information associated with the permit application. If the application is canceled, the department will return the vehicle supervision fee.

[(4) An applicant applying for a permit to move a load that is required for the fulfillment of a fixed price public works contract that was entered into prior to the effective date of this section, and administered by federal, state, or local governmental entities, will not be required to pay the vehicle supervision fee, provided the applicant presents proof of the contract to the department prior to permit issuance.]

(4) [ (5) ] When the department has determined that a permit can be issued for an overdimension load exceeding 200,000 pounds gross weight, all remaining fees are due at the time the permit is issued.

(5) [ (6) ] Unless the permit is issued for a load under subsection (c) of this section, this permit may not be used for a container, including a trailer, loaded with divisible cargo.

(6) [ (7) ] The following provisions apply to an application for a superheavy permit to move an overdimension load that is over 254,300 pounds gross weight, between 200,001 and 254,300 pounds gross weight with less than 95 feet overall axle spacing, or over the maximum permitted weight on any axle or axle group described in §219.11(d) of this title.

(A) In consultation with TxDOT and the applicant as necessary, the department will determine a tentative route based on the physical size of the overdimension load excluding the weight. After the department provides the tentative route to the applicant, the applicant must investigate the tentative route and acknowledge in writing to the department that the tentative route is capable of accommodating the overdimension load. If the applicant tells the department that the tentative route is not capable of accommodating the overdimension load, the department will consult with TxDOT and the applicant as necessary to attempt to create a tentative route that the applicant can acknowledge is capable of accommodating the overdimension load.

(B) The applicant must provide the department with the name and email address of the applicant's TxDOT-certified, licensed professional engineering firm, which TxDOT certifies under Chapter 28, Subchapter G of this title (relating to Oversize and Overweight Vehicles and Loads). Once the applicant provides the department with the name and email address of the applicant's TxDOT-certified, licensed professional engineering firm and acknowledges to the department that the tentative route is capable of accommodating the overdimension load, the department will provide the tentative route and the applicant's application information to the applicant's TxDOT-certified, licensed professional engineering firm.

(C) The applicant must provide information and documents, as requested, to the applicant's TxDOT-certified, licensed professional engineering firm to enable the engineering firm to provide TxDOT with a written report under §28.86 of this title (relating to Bridge Report).

(D) Before the superheavy permit may be issued, the applicant's TxDOT-certified, licensed professional engineering firm must provide TxDOT with a written report that includes a detailed structural analysis of the bridges on the tentative route, demonstrating that the bridges and culverts on the tentative route are capable of sustaining the load. The department will not issue a superheavy permit unless TxDOT provides the department with approval for the tentative route proposed by the department and acknowledged by the applicant as capable of accommodating the overdimension load.

(c) Drill pipe and drill collars hauled in a pipe box.

(1) A vehicle or combination of vehicles may be issued a permit under Transportation Code, §623.071, to haul drill pipe and drill collars in a pipe box.

(2) The maximum width must not exceed 10 feet.

(3) The axle weight limits must not exceed the maximum weight limits as specified in §219.11(d)(3).

(4) The height and length must not exceed the legal limits specified in Transportation Code, Chapter 621, Subchapter C.

(5) The permit will be issued for a single-trip only. For loads over 80,000 pounds, the applicant must pay the single-trip permit fee, in addition to the highway maintenance fee specified in Transportation Code, §623.077.

(6) The permit is valid only for travel on any farm-to-market and ranch-to-market road, and such road will be specified on the permit; however, the permitted vehicle will not be allowed to cross any load restricted bridge when exceeding the posted capacity of the bridge.

(7) Movement will be restricted to daytime only.

(d) Houses.

(1) The issuance of a permit for a house exceeding 20 feet in width will be based on:

(A) the amount of inconvenience and hazard to the traveling public, based on traffic volume;

(B) highway geometrics and time of movement; and

(C) the overall width, measured to the nearest inch, of the house, including the eaves or porches.

(2) The proposed route must include the beginning and ending points on a state highway.

(3) A permit may be issued for the movement of an overweight house provided:

(A) the applicant provides the department with the requested information regarding weights;

(B) each support beam, parallel to the centerline of the highway, is equipped with an identical number of two-axle groups which may be placed directly in line and across from the other corresponding two-axle group or may be placed in a staggered offset arrangement to provide for proper weight distribution;

(C) that, when a support beam is equipped with two or more two-axle groups, each two-axle group is connected to a common mechanical or hydraulic system to ensure that each two-axle group shares equally in the weight distribution at all times during the movement; and when the spacing between the two-axle groups, measured from the center of the last axle of the front group to the center of the first axle of the following group, is eight feet or more, the front two-axle group is equipped for self-steering in a manner that will guide or direct the axle group in turning movements without tire scrubbing or pavement scuffing; and

(D) the department conducts a detailed analysis of each structure on the proposed route and determines the load can be moved without damaging the roads and bridges.

(e) Self-propelled off-road equipment. A permit may be issued for the movement of oversize and overweight self-propelled off-road equipment under the following conditions.

(1) The weight per inch of tire width must not exceed 650 pounds.

(2) The rim diameter of each wheel must be a minimum of 25 inches.

(3) The maximum weight per axle must not exceed 45,000 pounds.

(4) The minimum spacing between axles, measured from center of axle to center of axle, must not be less than 12 feet.

(5) The equipment must be moved empty.

(6) The route will not include any controlled access highway, unless an exception is granted based on a route and traffic study conducted by TxDOT.

§ 219.15. Portable Building Unit Permits.

(a) Statutory authority. Permits under this section are issued under Transportation Code, Chapter 623, Subchapter F. [ General information. ]

[(1) A vehicle or vehicle combination transporting one or more portable building units and portable building compatible cargo that exceed legal length or width limits set forth by Transportation Code, Chapter 621, Subchapters B and C, may obtain a permit under Transportation Code, Chapter 623, Subchapter F.]

[(2) In addition to the fee required by statute, the department shall collect an amount equal to any fee that would apply to the movement of cargo exceeding any applicable width limits, if such cargo were moved in a manner not governed by this section.]

(b) Application for permit. Applications shall be made in accordance with §219.11(c) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(c) Permit issuance. Permit issuance is subject to the requirements of §219.11(e) and (g) of this title.

(d) Refund of permit fees. A permit fee will not be refunded after the permit number has been issued unless such refund is necessary to correct an error made by the permit officer. [ Non-refundable permit fee. All fees are non-refundable. ]

(e) Permit provisions and conditions.

(1) A portable building unit may only be issued a single-trip permit.

(2) Portable building units may be loaded end-to-end to create an overlength permit load, provided the overall length does not exceed 80 feet , unless the vehicle configuration is a truck- tractor or truck-tractor combination exempted by Transportation Code, §623.121(b) .

(3) Portable building units must not be loaded side-by-side to create an overwidth load, or loaded one on top of another to create an overheight load.

(4) Portable building units must be loaded in a manner that will create the narrowest width for permit purposes and provide for greater safety to the traveling public.

[(5) The permit will be issued for a single continuous movement from the origin to the destination for an amount of time necessary to make the move, not to exceed 10 consecutive days.]

[(6) Movement of the permitted vehicle must be made during daytime only.]

[(7) A permittee may not transport portable building units or portable building compatible cargo with a void permit; a new permit must be obtained.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603444

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


CHAPTER 221. SALVAGE VEHICLE DEALERS

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes to repeal 43 Texas Administrative Code (TAC) Chapter 221, Subchapter A, General Provisions, §221.1; proposes amendments to Subchapter B, Licensing, §§221.13 - 221.15, 221.19, and 221.20, and to repeal §221.11; proposes amendments to Subchapter C, Licensed Operations, §221.44 and to repeal §221.49; proposes amendments to Subchapter D, Records, §§221.71 - 221.73; and proposes amendments to Subchapter E, Administrative Sanctions, §221.111 and §221.112. The amendments are necessary to enhance the enforceability of the Motor Vehicle Records Disclosure Act in Transportation Code, Chapter 730; to remove language that the department identified as unenforceable or redundant of statute through its review by the Texas Regulatory Efficiency Office (TREO); to bring consistency with other chapters of Texas Administrative Code Title 43 and department practice; to correct cross-references; and to make signage requirements less burdensome on licensees. Redundant or unnecessary rules identified through the department's work with the TREO are proposed for repeal, including §§221.1, 221.11, and 221.49.

EXPLANATION. The department is conducting a review of Chapter 221 rules in compliance with Government Code, §2001.039. Notice of the department's plan to review is also published in this issue of the Texas Register . As a part of the review, the department is proposing necessary amendments and repeals as detailed in the following paragraphs.

Subchapter A, General Provisions

§221.1

The department proposes the repeal of §221.1 because the section is unnecessary and redundant of provisions in Transportation Code, §1001.002 and Occupations Code, Chapter 2302. The department identified the need for this change as part of its review by TREO.

Subchapter B, Licensing

§221.11

The department proposes the repeal of §221.11 because the rule is unnecessary and redundant of statute in Occupations Code, Chapter 2302. The department identified the need for this change as part of its review by TREO.

§221.13

Proposed amendments to §221.13 would streamline language by removing unnecessary statutory citations and by simplifying wording. The department identified the need for these changes as part of its review by TREO.

The department proposes to remove a citation to Occupations Code, Chapter 2302 from §221.13(b) to clarify the language because a salvage vehicle dealer does not hold more than one license issued under Occupations Code, Chapter 2302 for the same location, so there should not be a need to align multiple expiration dates for that license type. However, the dealer may hold multiple licenses issued under Occupations Code, Chapter 2301 or Transportation Code, Chapter 503, for which alignment of expiration dates may provide significant efficiency.

§221.14

The proposed amendments to §221.14(b) would delete §221.14(b)(1) to remove language that is redundant of statute, specifically Occupations Code, §2302.103. The department identified the need for this change as part of its review by TREO. The remaining subparagraphs of §221.14(b) are proposed to be renumbered to accommodate the deletion of §221.14(b)(1). A new subsection (c) is proposed to specify that an authorized representative of an applicant or license holder may be required to provide written proof of authority to act on behalf of the applicant or license holder, and the remaining subsections are relettered accordingly. This amendment would assist the department in verifying that a person submitting information or acting on behalf of an applicant or license holder has authority to do so, help prevent unauthorized filings or communications, and improve the integrity and efficiency of the licensing process. Proposed amendments to §221.14(f) and (g), as relettered by the proposed changes, would correct cross-references and a rule title to align with changes the department has recently adopted in 43 TAC Chapter 211, relating to Criminal History Offense and Action on License, and with the proposed renumbering of the subparagraphs in §221.14(b).

§221.15

Proposed amendments to §221.15(a) would make the rule more resilient to changes in the formatting of the department's website by stating that a salvage vehicle dealer can access the department's licensing system through the department's website, rather than specifying the page and icon to click. Additional proposed amendments to §221.15(b)(10) would align cross-references with changes the department has recently adopted in 43 TAC Chapter 211.

§221.19

Proposed amendments to §221.19(b)(2) would align cross-references with changes the department has recently adopted in 43 TAC Chapter 211.

§221.20

Proposed amendments to §221.20 would delete §221.20(i) because it is redundant with statute, specifically Government Code, §2001.054. The department identified the need for this change as part of its review by TREO. The proposed amendments would reletter the remaining paragraph of §221.20 to accommodate the deletion.

Subchapter C, Licensed Operations

§221.44

Proposed amendments to §221.44 would align business sign requirements for salvage vehicle dealer license holders with recently amended requirements for dealers with general distinguishing numbers under 43 TAC §215.140, relating to Established and Permanent Place of Business Premises Requirements. Proposed amendments to §221.44(a) would add the term "legible" to clarify the requirements for letters on a business sign. Proposed amendments to §221.44(b) would allow a business sign to be permanently affixed or etched on an exterior window, wall, or door as an alternative to a sign permanently installed in the ground.

§221.49

The department proposes to repeal §221.49 because it is duplicative of statutory requirements in Occupations Code, §2302.255. The department identified the need for this change as part of its review by TREO.

Subchapter D, Records

§221.71

The department proposes to delete §221.71(f) because it is redundant to Occupations Code, §2302.254.

§221.72

Proposed amendments to §221.72(c) would align cross-references in the rule with current titles and references in 43 TAC Chapter 217, relating to Vehicle Titles and Registration.

§221.73

A proposed amendment to §221.73(a)(11) would add the phrase "unless prohibited by federal law" to clarify that a salvage vehicle dealer is not required to copy a purchaser's photo identification document if doing so would violate federal law. This proposed amendment aligns with amendments the department has proposed recently to 43 TAC §215.144(e)(8)(L), relating to Vehicle Records.

Subchapter E, Administrative Sanctions

§221.111

Proposed amendments to §221.111(a) would clarify the persons whose actions, omissions, or background may form the basis for denial of an application or renewal. Proposed amendments to §221.111(a)(1) and (2) would align the rule with Occupations Code, §2302.106 and comparable provisions in 43 TAC Chapter 215. Proposed amendments to §221.111(a)(3) would revise language to align with the amended structure of the section. Current §221.111(a)(4) is proposed for repeal because its provisions are addressed in proposed renumbered §221.111(a)(4) and (5). Proposed amendments to renumbered §221.111(a)(4) would clarify that an application may be denied when a person who is ineligible for licensure or whose current or previous license, permit, or other authorization has been subject to disciplinary action, has the ability to direct or control the management, policies, or activities of an applicant or license holder through an ownership, organizational, managerial, or other business arrangement. Proposed amendments to proposed renumbered §221.111(a)(5) would remove language that is redundant to the language proposed to be added to §221.111(a) specifying the individuals whose actions are relevant to the department's determination of an applicant's eligibility for licensure. Proposed new §221.111(a)(6) would allow the department to deny a license application for a violation of Transportation Code, Chapter 730, the Motor Vehicle Records Disclosure Act, including a violation by an employee or other agent. This amendment would allow the department to consider Chapter 730 violations in evaluating an applicant's fitness for licensure and would align the rule for salvage dealer licensees with the department's treatment of Chapter 730 violations under 43 TAC §215.121. Proposed new §221.111(a)(7) and (8) would allow the department to deny a license application because of prior disciplinary actions and findings contained in final orders issued following contested case hearings, to align the rule for salvage dealer licensees with 43 TAC §215.89, relating to Fitness, which applies to GDN-holder licensees, and to allow the department to consider an applicant's prior regulatory compliance history when evaluating fitness for licensure. The amendments would also align cross-references with recent changes adopted in 43 TAC Chapters 211 and 224. Proposed amendments would delete §221.111(c) because it is redundant of Occupations Code, §2302.108. The department identified the need for this change as part of its review by TREO.

§221.112

Proposed amendments to §221.112(16) would align cross-references with changes the department has recently adopted in 43 TAC Chapter 211. Proposed new §221.112(22) would add a violation of Transportation Code, Chapter 730, the Motor Vehicle Records Disclosure Act, as a basis for administrative sanctions against a salvage vehicle dealer, including violations committed by an employee or agent. This proposed amendment would align the sanction provisions applicable to salvage vehicle dealers with recently amended sanction provisions applicable to other department license holders under 43 TAC §215.121, relating to Sanctions.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Chris Hayden, Chief Financial Officer, has determined that for each year of the first five years the amendments and repeals will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Monique Johnston, Director of the Motor Vehicle Division, has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Monique Johnston, Director of the Motor Vehicle Division, has also determined that, for each year of the first five years the amendments and repeals are in effect, several public benefits are anticipated because the proposed amendments would improve enforcement of the Motor Vehicle Records Disclosure Act, remove redundant and unnecessary rule provisions, improve consistency with other department rules and department practices, correct cross-references, and reduce unnecessary burdens on license holders.

Anticipated Public Benefits. The public benefits anticipated as a result of the proposal include improved protection of motor vehicle record information, increased clarity and consistency in the department's rules, more efficient administration and enforcement of the salvage vehicle dealer licensing program, and reduced regulatory burden through the repeal of unnecessary or redundant rules.

Anticipated Costs To Comply With The Proposal. Ms. Johnston anticipates that there will be no costs to comply with these rules. The proposed amendments primarily clarify existing requirements, remove redundant provisions, update cross-references, and align the rules with current department practices. The proposal does not impose new fees, equipment requirements, reporting requirements, training requirements, or operational requirements on license holders.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by the Government Code, §2006.002, the department has determined that the proposed amendments and repeals will not have an adverse economic effect on small businesses, micro-businesses, and rural communities because the proposal primarily clarifies existing requirements, removes redundant provisions, updates cross-references, and aligns the rules with current department practices. The proposed amendments and repeals do not require small businesses, micro-businesses, or rural communities to incur additional expenses or comply with new substantive regulatory requirements. Therefore, the department is not required to prepare a regulatory flexibility analysis under Government Code, §2006.002.

TAKINGS IMPACT ASSESSMENT. The department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed amendments and repeals are in effect, no government program would be created or eliminated. Implementation of the proposed amendments and repeals would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department or an increase or decrease in fees paid to the department. The proposed amendments and repeals do create new regulations and expand existing regulations to provide more flexibility to license holders, protect consumers, and facilitate the department's obligation to monitor compliance with existing statutes. The proposed amendments and repeals do not limit existing regulations. The proposed rule revisions would repeal portions of existing regulations that are redundant of statute or otherwise unnecessary and update certain existing regulations to improve clarity, consistency, and enforcement. Lastly, the proposed amendments and repeals do not affect the number of individuals subject to the rules' applicability and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

If you want to comment on the proposal, submit your written comments by 5:00 p.m. CDT on September 28, 2026. The department requests information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.

SUBCHAPTER A. GENERAL PROVISIONS

43 TAC §221.1

STATUTORY AUTHORITY. The department proposes amendments to and repeals in Chapter 221 under Government Code, §411.122(d), which authorizes department access to criminal history record information maintained by DPS; Government Code, §411.12511, which authorizes the department to obtain criminal history record information from DPS and the FBI for license applicants, license holders, certain affiliates of applicants and license holders, and representatives whose act or omission would be cause for denying, revoking, or suspending a license issued under Occupations Code, Chapter 2302; Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.052, which assigns the board a duty to set reasonable and necessary application fees, license fees, renewal fees, and other fees as required to implement Chapter 2302; Occupations Code, §2302.101, which requires a salvage vehicle dealer license or general distinguishing number for a person to engage in certain activities related to the salvage vehicle business; Occupations Code, §2302.103, which requires a salvage vehicle dealer to apply for a license on a form prescribed by the department and pay an application fee; Occupations Code, §2302.104, which prescribes content that must be included in an application; Occupations Code, §2302.105, which requires the department to complete an investigation of the applicant's qualifications before issuing a license; Occupations Code, §2302.106, which governs issuance of licenses and use of fictitious names; Occupations Code, §2302.108, which authorizes the department to deny, suspend, revoke, or reinstate a license issued under Chapter 2302 based on grounds establish by the board and consistent with the requirements of Government Code, Chapter 2001; Transportation Code, Chapter 730, relating to the Motor Vehicle Records Disclosure Act; Transportation Code §1001.002, which provides that the department shall administer and enforce Occupations Code, Chapter 2302; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department. The department also proposes amendments and repeals under the authority of Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale, and lease of motor vehicles and to take any action that is necessary or convenient to exercise that authority; Transportation Code, §§501.0041, 502.0021, and 503.002; and Government Code, §§2001.004, 2001.039, and 2001.054, in addition to the statutory authority referenced throughout this preamble.

Transportation Code, §501.0041 authorizes the department to adopt rules to administer Transportation Code, Chapter 501. Transportation Code, §502.0021 authorizes the department to adopt rules to administer Transportation Code, Chapter 502. Transportation Code, §503.002 authorizes the department to adopt rules to administer Transportation Code, Chapter 503.

Government Code, §2001.004 requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Government Code, §2001.039 requires state agencies to review and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule. Government Code, §2001.054 specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeals would implement Government Code, Chapters 411 and 2001; Occupations Code, Chapters 53, 55, 2301, and 2302; and Transportation Code, Chapters 501-503, 730, 1001, and 1005.

§ 221.1. Purpose and Scope.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603446

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


SUBCHAPTER B. LICENSING

43 TAC §221.11

STATUTORY AUTHORITY. The department proposes amendments to Chapter 221 under Government Code, §411.122(d), which authorizes department access to criminal history record information maintained by DPS; Government Code, §411.12511, which authorizes the department to obtain criminal history record information from DPS and the FBI for license applicants, license holders, and representatives whose act or omission would be cause for denying, revoking, or suspending a license issued under Occupations Code, Chapter 2302; Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.052, which assigns the board a duty to set reasonable and necessary application fees, license fees, renewal fees, and other fees as required to implement Chapter 2302; Occupations Code, §2302.103, which requires a salvage vehicle dealer to apply for a license on a form prescribed by the department and pay an application fee; Occupations Code, §2302.104, which prescribes content that must be included in an application; Occupations Code, §2302.105, which requires the department to complete an investigation of the applicant's qualifications before issuing a license; Occupations Code, §2302.106, which governs issuance of licenses and use of fictitious names; Occupations Code, §2302.108, which authorizes the department to deny, suspend, revoke, or reinstate a license issued under Chapter 2302 consistent with the requirements of Government Code, Chapter 2001; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department.

The department also proposes amendments and repeals under the authority of Transportation Code, §§501.0041, 502.0021, and 503.002; and Government Code, §§2001.004, 2001.039, and 2001.054, in addition to the statutory authority referenced throughout this preamble.

Transportation Code, §501.0041 authorizes the department to adopt rules to administer Transportation Code, Chapter 501. Transportation Code, §502.0021 authorizes the department to adopt rules to administer Transportation Code, Chapter 502. Transportation Code, §503.002 authorizes the department to adopt rules to administer Transportation Code, Chapter 503.

Government Code, §2001.004 requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Government Code, §2001.039 requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule. Government Code, §2001.054 specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeals would implement Government Code, Chapters 411 and 2001; Occupations Code, Chapters 53, 55, 2301, and 2302; and Transportation Code, Chapters 501-503, 730, 1001-1003, and 1005.

§ 221.11. License Required.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603448

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


43 TAC §§221.13 - 221.15, 221.19, 221.20

STATUTORY AUTHORITY. The department proposes amendments to Chapter 221 under Government Code, §411.122(d), which authorizes department access to criminal history record information maintained by DPS; Government Code, §411.12511, which authorizes the department to obtain criminal history record information from DPS and the FBI for license applicants, license holders, and representatives whose act or omission would be cause for denying, revoking, or suspending a license issued under Occupations Code, Chapter 2302; Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.052, which assigns the board a duty to set reasonable and necessary application fees, license fees, renewal fees, and other fees as required to implement Chapter 2302; Occupations Code, §2302.103, which requires a salvage vehicle dealer to apply for a license on a form prescribed by the department and pay an application fee; Occupations Code, §2302.104, which prescribes content that must be included in an application; Occupations Code, §2302.105, which requires the department to complete an investigation of the applicant's qualifications before issuing a license; Occupations Code, §2302.106, which governs issuance of licenses and use of fictitious names; Occupations Code, §2302.108, which authorizes the department to deny, suspend, revoke, or reinstate a license issued under Chapter 2302 consistent with the requirements of Government Code, Chapter 2001; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department.

The department also proposes amendments and repeals under the authority of Transportation Code, §§501.0041, 502.0021, and 503.002; and Government Code, §§2001.004, 2001.039, and 2001.054, in addition to the statutory authority referenced throughout this preamble.

Transportation Code, §501.0041 authorizes the department to adopt rules to administer Transportation Code, Chapter 501. Transportation Code, §502.0021 authorizes the department to adopt rules to administer Transportation Code, Chapter 502. Transportation Code, §503.002 authorizes the department to adopt rules to administer Transportation Code, Chapter 503.

Government Code, §2001.004 requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Government Code, §2001.039 requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule. Government Code, §2001.054 specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeals would implement Government Code, Chapters 411 and 2001; Occupations Code, Chapters 53, 55, 2301, and 2302; and Transportation Code, Chapters 501-503, 730, 1001-1003, and 1005.

§ 221.13. License Term and Fees.

(a) The term of a salvage vehicle dealer license [ issued by the department under Occupations Code, Chapter 2302, and this chapter, ] is two years. The fee for a salvage vehicle dealer license is $190. The entire amount of the fee is due at the time of application for the license.

(b) The department may prorate [ the fee for ] a salvage vehicle dealer license fee to allow the salvage vehicle dealer license to expire on the same day as another license issued by the department under Occupations Code, Chapter 2301 , [ ; Chapter 2302; ] or Transportation Code, Chapter 503.

(c) The [ fee for a ] license amendment fee is $25 and applies to a license amendment changing a license holder's name, changing ownership or management, or when adding a new business address and assumed name.

§ 221.14. License Applications Generally.

(a) A salvage vehicle dealer license may be issued for multiple locations within a single county. A separate license and fee is required for a business location in another county.

(b) An application for a new license, license amendment, or license renewal filed with the department must be:

[(1) on a form prescribed by the department;]

(1) [ (2) ] completed by the applicant, license holder, or authorized representative who is an employee, a licensed attorney, or a certified public accountant; and

(2) [ (3) ] accompanied by the required fee from an account held by the applicant or license holder, or from a trust account of the applicant's or license holder's attorney or certified public accountant.

(c) An authorized representative of the applicant or license holder who files an application with the department on behalf of an applicant or license holder may be required to provide written proof of authority to act on behalf of the applicant or license holder.

(d) [ (c) ] License applications and fees must be submitted to the department electronically in a system designated by the department for licensing. Fees may be paid by credit card or electronic funds transfer.

(e) [ (d) ] In evaluating a new or renewal salvage vehicle dealer license application or an application for a new location, the department may require a site visit to determine if the business location meets the requirements in this chapter.

(f) [ (e) ] An applicant for a salvage vehicle dealer license must also comply with fingerprint requirements in §211.13 [ §211.6 ] of this title (relating to Fingerprint Requirements for Designated License Types [ Applicants and License Holders ]).

(g) [ (f) ] The department will not provide information regarding the status of an application, application deficiencies, or pending new license numbers to a person other than a person listed in subsection (b)(1) [ (b)(2) ] of this section unless the person files a written request under Government Code, Chapter 552.

§ 221.15. Required License Application Information.

(a) An applicant for a new salvage dealer license must register for an account in the department-designated licensing system by accessing the licensing system through [ selecting the licensing system icon on the dealer page of ] the department's [ department ] website. An applicant must designate the account administrator and provide the name and email address for that person, and provide the business telephone number, name, business type, and social security number or employer identification number, as applicable. The applicant's licensing account administrator must be an owner, officer, manager, or bona fide employee.

(b) Once registered, an applicant for a new salvage dealer license may apply for a license and must provide the following:

(1) the application reason;

(2) business information including:

(A) the name, provided that the applicant may not use a name or assumed name under which the applicant is authorized to do business that may be confused with or is similar to that of a governmental entity or that is otherwise deceptive or misleading to the public;

(B) mailing address;

(C) the full business physical address, including number, street, municipality, county, and zip code for each location where the applicant will conduct business in the same county;

(D) business email;

(E) telephone number;

(F) Texas Sales Tax Identification Number;

(G) National Motor Vehicle Title Information System (NMVTIS) Identification Number;

(H) Secretary of State file number, if applicable; and

(I) website address, if applicable.

(3) application contact name, email address, and telephone number;

(4) the name, social security number, date of birth, identity document information, and ownership percentage for each owner, partner, member, beneficiary, or principal if the applicant is not a publicly traded company;

(5) the name, social security number, date of birth, and identity document information for each officer, director, manager, trustee, or other representative authorized to act on behalf of the applicant if the applicant is owned in full or in part by a legal entity;

(6) the name, employer identification number, ownership percentage, and non-profit or publicly-traded status for each legal entity that owns the applicant in full or in part;

(7) the name, social security number, date of birth, and identity document information of at least one manager or other bona fide employee who will be present at the business location if the license holder is out of state or will not be present during business hours at the business location in Texas;

(8) criminal history record information under the laws of Texas, another state of the United States, the United States, and any foreign jurisdiction for each person listed in the application, including offense description, date, and location;

(9) military service status;

(10) licensing history required to evaluate business reputation, character, and fitness for licensure including a statement indicating whether the applicant or any person described in §211.9 [ §211.2 ] of this title (relating to Application of Subchapter B ) has previously applied for a license under this chapter or the salvage vehicle dealer licensing laws of another jurisdiction, the result of the previous application, and whether the applicant, including a person described in §211.9 [ §211.2 ] of this title, has ever been the holder of a license issued by the department or another jurisdiction that was revoked, suspended, or subject of an order issued by the board or by another jurisdiction to pay an administrative penalty that remains unpaid;

(11) information about each business location and business premises to demonstrate compliance with related rules in this chapter;

(12) signed Certification of Responsibility, which is a form provided by the department; and

(13) any other information required by the department to evaluate the application under current law and board rules.

(c) A salvage vehicle dealer renewing or amending its license must verify current license information and provide related information for any new requirements or changes to the license.

§ 221.19. Notice of Change in License Holder Information.

(a) A license holder shall notify the department by electronically submitting a license amendment application in the department-designated licensing system to amend its license within 30 days of a change in the license holder's business name or assumed name. Upon submission of an amendment to change the business name or assumed name, the department shall reflect the new business name in the department's records. The dealer shall retain the same salvage vehicle dealer license number except if the business name change is the result of a change in the type of entity being licensed, such as a sole proprietorship becoming a corporation, or if the ownership of the business changes as discussed in subsection (b) of this section.

(b) A salvage vehicle dealer shall notify the department by electronically submitting a license amendment application in the department-designated licensing system within 30 days of a change to:

(1) the entity type of the applicant or license holder;

(2) the departure or addition of any person reported to the department in the original license application or most recent renewal application, including any person described in §211.9 [ §211.2 ] of this title (relating to Application of Subchapter B );

(3) an ownership, organizational, managerial, or other business arrangement that would allow the power to direct or cause the direction of the management and policies and activities of an applicant or license holder, whether directly or indirectly, to be established in or with a person not described in paragraph (1) or (2) of this subsection; or

(4) a business email address, telephone number, mailing address, or change in license contact.

(c) The license holder must submit to the department all information required by the department to evaluate the license amendment application under current law and rules.

§ 221.20. License Renewal.

(a) A salvage vehicle dealer license expires on the second anniversary of the date the license was issued.

(b) A salvage vehicle dealer license may be renewed for an additional period of two years upon timely submission of a renewal application on a form prescribed by the department with all required information, attachments, and fees. A renewal application is considered "timely" submitted if the renewal application with all required information, attachments, and required fees is received by the department on or before the expiration date of the existing license.

(c) The department will send a written notice of expiration to a license holder's email address at least 31 days before expiration of a license.

(d) Failure by the department to send written notice of expiration under this section does not relieve a license holder from timely renewing a license.

(e) The renewal fee for a salvage vehicle dealer license is $170.

(f) A license holder may renew an expired license by submitting a renewal application and paying a late renewal fee of $85 in addition to the renewal fee, if 90 or fewer days have elapsed since the license expired.

(g) A license holder may renew an expired license by submitting a renewal application and paying a late renewal fee of $170 in addition to the renewal fee, if more than 90 days but less than one year has elapsed since the license expired.

(h) If a license has been expired for one year or longer and the department has not received a renewal application, the department will close the license, and the license holder must apply for a new license.

[(i) In accordance with Government Code, §2001.054, a license holder that timely submits a renewal application under subsection (b) of this section may continue to operate under the expired license until the status of the renewal application is determined by the department.]

(i) [ (j) ] If the department does not receive a timely renewal application with all required information and attachments and the applicable renewal fee on or before the license expiration date, a salvage vehicle dealer may not engage in the activities that require the license until the license has been renewed by the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603447

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


SUBCHAPTER C. LICENSED OPERATIONS

43 TAC §221.44

STATUTORY AUTHORITY. The department proposes amendments to and repeals of §221.44 and §221.49 under Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.255, which establishes requirements relating to the assignment of unique inventory numbers to component parts; Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale, and lease of motor vehicles and to take any action that is necessary or convenient to exercise that authority; Transportation Code, §501.0041, which authorizes the department to adopt rules to administer Transportation Code, Chapter 501; Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §503.002, which authorizes the department to adopt rules to administer Transportation Code, Chapter 503; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department; and Government Code, §2001.004, and §2001.039. Government Code, §2001.004 requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Government Code, §2001.039 requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeal would implement Occupations Code, Chapters 2301 and 2302, and Transportation Code, Chapters 501 - 503, and 1001 - 1003.

§ 221.44. Business Sign Requirements.

(a) The license holder must display a permanent business sign with legible letters at least six inches in height showing the license holder's business name or assumed name as reflected on the license issued by the department. A business sign is considered permanent only if it is made of durable, weather-resistant material.

(b) A business sign must be permanently mounted at each physical business address listed on the license. A business sign is considered permanently mounted if bolted to an exterior building wall , [ or ] bolted or welded to a dedicated sign pole or sign support permanently installed in the ground , or permanently affixed or etched on an exterior window, wall, or door .

(c) A license holder may use a temporary sign or banner if that license holder can show proof that a business sign that meets the requirements of this paragraph has been ordered and provides a written statement that the business sign will be promptly and permanently mounted upon delivery.

(d) A license holder is responsible for ensuring that the business sign complies with municipal ordinances, and that any lease signage requirements are consistent with the signage requirements in this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603449

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


43 TAC §221.49

STATUTORY AUTHORITY. The department proposes amendments to and repeals of §221.44 and §221.49 under Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.255, which establishes requirements relating to the assignment of unique inventory numbers to component parts; Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale, and lease of motor vehicles and to take any action that is necessary or convenient to exercise that authority; Transportation Code, §501.0041, which authorizes the department to adopt rules to administer Transportation Code, Chapter 501; Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §503.002, which authorizes the department to adopt rules to administer Transportation Code, Chapter 503; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department; and Government Code, §2001.004, and §2001.039. Government Code, §2001.004 requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Government Code, §2001.039 requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeal would implement Occupations Code, Chapters 2301 and 2302, and Transportation Code, Chapters 501 - 503, and 1001 - 1003.

§ 221.49. Unique Inventory Number.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603450

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


SUBCHAPTER D. RECORDS

43 TAC §§221.71 - 221.73

STATUTORY AUTHORITY. The department proposes amendments to and repeals of §§221.71 - 221.73 under Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.254, which establishes recordkeeping requirements for salvage vehicle dealers; Transportation Code, §501.0041, which authorizes the department to adopt rules to administer Transportation Code, Chapter 501; Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §503.002 authorizes the department to adopt rules to administer Transportation Code, Chapter 503; Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale, and lease of motor vehicles and the authority to take any action that is necessary or convenient to exercise that authority; Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; Government Code, §2001.039, which requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department.

CROSS REFERENCE TO STATUTE. The proposed amendments and repeal would implement Occupations Code, Chapters 2301 and 2302, and Transportation Code, Chapters 501 - 503 and 1001 - 10023.

§ 221.71. Records; Generally.

(a) A salvage vehicle dealer shall maintain a record of each salvage motor vehicle and nonrepairable motor vehicle purchased, sold, or exchanged by the salvage vehicle dealer.

(b) A salvage vehicle dealer's records must be maintained at the licensed business location.

(c) Any records required to be maintained by a license holder may be maintained in an electronic format if the record can be reviewed and printed at the licensed business location or provided electronically upon request of the department.

(d) A salvage vehicle dealer must make records available for review and copying upon request by the department. The department may request records in person, by mail, or electronically from a department email or a department-designated system.

(e) A salvage vehicle dealer must provide copies of requested records to the department within 15 days of receipt of the request.

[(f) Occupations Code, §2302.254, establishes the requirements that a salvage vehicle dealer maintain a record of an inventory of component parts purchased by or delivered to the salvage vehicle dealer.]

§ 221.72. Record Retention.

(a) A salvage vehicle dealer must retain at the licensed business location, or have electronic access at the licensed business location of records stored electronically, a complete record of all purchases and sales of salvage motor vehicles and nonrepairable motor vehicles for a minimum period of 36 months from the date of the transaction.

(b) A salvage vehicle dealer shall maintain at the licensed business location a record of each vehicle that is dismantled, scrapped or destroyed, and a photocopy of the front and back of all salvage vehicle titles and nonrepairable vehicle titles, or a photocopy or electronic copy of all salvage records of title, and nonrepairable records of title, and, if applicable, a photocopy of any out-of-state evidence of ownership surrendered to the department, until the third anniversary of the date the report was acknowledged as received by the department.

(c) A salvage vehicle dealer utilizing the department's web-based title application known as webDEALER, as defined in §217.71 of this title (relating to Definitions [ Automated and Web-Based Vehicle Registration and Title Systems ]), must comply with §217.74 of this title (relating to webDEALER Access, Use, and Training [ Access to and Use of webDEALER ]). Original hard copy titles are not required to be kept at the licensed business location but must be made available to the department upon request.

§ 221.73. Content of Records.

(a) The records of a salvage vehicle dealer for purchases and sales shall include:

(1) the date the license holder purchased the salvage motor vehicle, or nonrepairable motor vehicle;

(2) the name and address of the person who sold the salvage motor vehicle or nonrepairable motor vehicle to the salvage vehicle dealer;

(3) if the person is not an insurance company or a license holder, a photocopy of the photo identification document of the person who purchased the salvage motor vehicle or nonrepairable motor vehicle from the salvage vehicle dealer or sold the salvage motor vehicle or nonrepairable motor vehicle to the salvage vehicle dealer;

(4) a description of the salvage motor vehicle or nonrepairable motor vehicle, including the model, year, make, and vehicle identification number, if applicable;

(5) the ownership document number and state of issuance of the salvage motor vehicle or nonrepairable motor vehicle ownership document, if applicable;

(6) a copy of the salvage record of title or nonrepairable record of title, if applicable, or a copy of the front and back of the ownership document for the salvage motor vehicle or nonrepairable motor vehicle;

(7) a copy of the form if the ownership document has been surrendered to the department;

(8) any evidence indicating that the motor vehicle was dismantled, scrapped, or destroyed;

(9) the sales contract or buyer's order;

(10) the salvage disclosure notice required under §221.51 of this title (relating to Duty to Identify a Motor Vehicle Offered for Sale);

(11) a copy of the photo identification document required for export sales under §221.52 (relating to Export-Only Sales) , unless prohibited by federal law ;

(12) records for a casual sale as required under §221.53 (relating to Casual Sales); and

(13) any other records required under current rules in this title.

(b) If the salvage motor vehicle has been rebuilt, repaired, or reconstructed by the salvage vehicle dealer the salvage vehicle dealer's records must also include a form prescribed by the department in accordance with §217.89 of this title (relating to Rebuilt Salvage Motor Vehicles).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603451

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160


SUBCHAPTER E. ADMINISTRATIVE SANCTIONS

43 TAC §221.111, §221.112

STATUTORY AUTHORITY. The department proposes amendments to §221.111 and §221.112 under Government Code, §411.122(d), which authorizes department access to criminal history record information maintained by DPS; Government Code, §411.12511, which authorizes the department to obtain criminal history record information from DPS and the FBI for license applicants, license holders, and representatives whose act or omission would be cause for denying, revoking, or suspending a license issued under Occupations Code, Chapter 2302; Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Occupations Code, §2302.108, which authorizes the department to deny, suspend, revoke, or reinstate a license issued under Chapter 2302 consistent with the requirements of Government Code, Chapter 2001; Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale, and lease of motor vehicles and the authority to take any action that is necessary or convenient to exercise that authority; Transportation Code, Chapter 730, relating to the Motor Vehicle Records Disclosure Act; Transportation Code, §501.0041, which authorizes the department to adopt rules to administer Transportation Code, Chapter 501; Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §503.002, which authorizes the department to adopt rules to administer Transportation Code, Chapter 503; Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; Government Code, §2001.039, which requires state agencies to readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule.; Government Code, §2001.054, which specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and duties of the department.

CROSS REFERENCE TO STATUTE. The proposed amendments would implement Government Code, Chapters 411 and 2001; Occupations Code, Chapters 53, 55, 2301 and 2302; and Transportation Code, Chapters 501 - 503, 730 and 1001 - 1003.

§ 221.111. Denial of License.

(a) The department may deny an application for a new license or an application for a license renewal under Occupations Code Chapter 53 or Chapter 2302, and §211.10 [ §211.3 ] of this title (relating to Criminal Offense Guidelines) or this chapter, if the applicant, license holder, or any person who is acting at the time of application, or will later act, in a representative capacity for an applicant or holder, including the applicant's or holder's officers, directors, members, managers, trustees, partners, principals, or managers of business affairs :

(1) fails to meet or maintain the qualifications and requirements of licensure [ all the information required on the application is not complete ];

(2) omits or provides false, misleading, or incomplete information on an initial application, renewal application, amendment application or application attachment, for a license or other authorization issued by the department or by any local, state, or federal regulatory authority [ the applicant or any owner, officer, director, or other person described in §211.2 of this title (relating to Application of Subchapter) made a false statement, material misrepresentation, or a material omission, on the application to issue, renew, or amend a license ];

(3) is, [ the applicant, ] or any owner, officer, director, or other person described in §211.9 [ §211.2 ] of this title (relating to Application of Subchapter B) , has been convicted, or considered convicted under Occupations Code §53.021(d), by any local, state, federal, or foreign authority, of an offense that directly relates to the duties or responsibilities of the licensed occupation as described in §211.10 [ §211.3 ] of this title (relating to Criminal Offense Guidelines) or is convicted of an offense that is independently disqualifying under Occupations Code §53.021;

[(4) the applicant's or any owner's, officer's, director's, or other person described in §211.2 of this title, previous license was revoked;]

(4) [ (5) ] [ the applicant ] has an ownership, organizational, managerial, or other business arrangement that would allow a person the power to direct, management, policies, or activities, of the applicant or license holder, whether directly or indirectly, when the person is ineligible for licensure, or the person's current or previous license, permit, or other authorization issued by any local, state, or federal regulatory authority [ who ] has been subject to disciplinary action, including suspension, revocation, denial, corrective action, cease and desist order, or assessment of a civil penalty, administrative fine, fee, or similar assessment for a current or previous license, permit, or other authorization issued by any local, state, or federal regulatory authority; [ or ]

(5) [ (6) ] [ the applicant, or any owner, officer, or director, or other person described in §211.2 of this title ] whose current or previous license, permit, or other authorization issued by any local, state, or federal regulatory authority has been subject to disciplinary action, including suspension, revocation, denial, corrective action, cease and desist order, or assessment of a civil penalty, administrative fine, fee, or similar assessment ; [ . ]

(6) has violated a provision of Transportation Code, Chapter 730, Motor Vehicle Records Disclosure Act, including a violation by an employee or other agent;

(7) is assessed a civil penalty, administrative fine, fee, or similar assessment, by the board, department, or a local, state, or federal regulatory authority, for violation of a requirement governing or impacting the acquisition, sale, repair, rebuild, reconstruction, or other dealing of a salvage motor vehicle or nonrepairable motor vehicle, and fails to comply with the terms of a final order or fails to pay the penalty pursuant to the terms of a final order; or

(8) is found in a final order issued after a contested case hearing to be acting in a manner detrimental to the system of distribution or sale of salvage or nonrepairable motor vehicles in Texas, the economy of the state, the public interest, or the welfare of Texas residents.

(b) If the department denies an application for a license to be issued under the authority of Occupations Code Chapter 2302, the applicant may request an administrative hearing in the manner specified in §224.56 [ §224.54 ] of this title (relating to Notice of Department Decision).

[(c) In accordance with Occupations Code §2302.108, the department shall reject any application for issuance of a new license under Occupations Code Chapter 2302 filed by a person whose license is revoked before the first anniversary of the date of revocation.]

§ 221.112. Suspension, Revocation and Administrative Penalties.

The department may suspend or revoke a license or impose an administrative penalty if the license holder , or any person who is acting, or will later act, in a representative capacity for a holder of a license, including the holder's officers, directors, members, managers, trustees, partners, principals, or managers of business affairs :

(1) fails to meet or maintain the qualifications and requirements for a license;

(2) violates any law relating to the purchase, sale, exchange, storage, or distribution of motor vehicles, including salvage motor vehicles and nonrepairable motor vehicles;

(3) willfully defrauds a purchaser;

(4) fails to maintain purchase, sales, and inventory records as required by Occupations Code, Chapter 2302, Transportation Code, Chapter 501, Chapter 217, Subchapter D of this title, or this chapter;

(5) refuses or fails to comply with a request by the department to examine, during normal business hours, the license holder's records as required by Occupations Code, Chapter 2302, or this chapter;

(6) engages in motor vehicle or salvage business without the required license;

(7) engages in business as a salvage vehicle dealer at a location for which a license has not been issued by the department;

(8) fails to notify the department of a change of the salvage vehicle dealer's license holder information as required under §221.19 of this title (relating to Notice of Change in License Holder Information);

(9) fails to notify the department of a change in location prior to operating in a new location or closing a location in accordance with §221.18 of this title (relating to Additional, New, or Closed Location);

(10) fails to remain regularly and actively engaged in the business for which the salvage vehicle dealer license is issued;

(11) sells more than five (5) nonrepairable motor vehicles or salvage motor vehicles to the same person in a casual sale during a calendar year;

(12) violates any provision of Occupations Code Chapters 2301 or 2302, Transportation Code Chapters 501, 502, or 503, or any board rule or order promulgated under those statutes;

(13) uses or allows use of the salvage vehicle dealer's license or business location for the purpose of avoiding the requirements of Occupations Code Chapters 2301 or 2302, Transportation Code, Chapters 501, 502 or 503, or any board rule or order promulgated under those statutes;

(14) violates any law, ordinance, rule or regulation governing the purchase, sale, exchange, or storage, of salvage motor vehicles or nonrepairable motor vehicles;

(15) sells or offers for sale a nonrepairable motor vehicle or a salvage motor vehicle from any location other than the salvage vehicle dealer's licensed business location;

(16) is, or any owner, officer, director, or other person described in §211.9 [ §211.2 ] of this title (relating to Application of Subchapter B ), is convicted, or considered convicted under Occupations Code §53.021(d), by any local, state, federal, or foreign authority, of an offense that directly relates to the duties or responsibilities of the licensed occupation as described in §211.10 [ §211.3 ] of this title (relating to Criminal Offense Guidelines) or an offense that is independently disqualifying under Occupations Code §53.021 after initial issuance or renewal of the salvage vehicle dealer license, or that has not been reported to the department as required;

(17) makes a false statement, material misrepresentation, or material omission in any application or other information filed with the department;

(18) fails to timely remit payment for administrative penalties imposed by the department;

(19) engages in business without a license required under Occupations Code Chapters 2301 or 2302, or Transportation Code Chapter 503;

(20) operates a salvage motor vehicle or a nonrepairable motor vehicle on public highways or allows another person to operate a salvage motor vehicle or a nonrepairable motor vehicle on public highways; [ or ]

(21) deals in used automotive parts as more than an incidental part of the salvage vehicle dealer's primary business ; or [ . ]

(22) violates a provision of Transportation Code, Chapter 730, Motor Vehicle Records Disclosure Act, including a violation by an employee or other agent.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2026.

TRD-202603452

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: September 27, 2026

For further information, please call: (512) 465-4160