TITLE 43. TRANSPORTATION

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 217. VEHICLE TITLES AND REGISTRATION

SUBCHAPTER B. MOTOR VEHICLE REGISTRATION

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes amendments to 43 Texas Administrative Code (TAC) Subchapter B, Motor Vehicle Registration, §§217.22, 217.26, 217.28, and 217.29 to limit the types of personal identification documents that an applicant can use to register a vehicle in Texas under Transportation Code, §502.040, which requires that the owner of a vehicle apply for registration in Texas and that the applicant for registration is a resident of Texas. These proposed amendments are necessary to ensure that the applicant's personal identification document is valid and that the applicant is legally eligible to reside in Texas.

EXPLANATION.

The proposed amendments to 43 TAC §217.22 would add a new §217.22(44), defining "valid passport" as an unexpired passport or passport card that is issued by the United States government, or an unexpired passport that is issued by the government of another foreign country and supported by a stamp or mark on the passport and either a permanent resident card, or an unexpired immigrant visa from the United States Department of Homeland Security to show that the person has the legal right to reside in the United States. The remaining subsections in §217.22 are proposed to be renumbered as necessary to accommodate new §217.22(44). These proposed amendments are necessary to strengthen the document validity requirements for vehicle registration in order to prevent fraud and to prevent applicants who are not legally eligible to reside in Texas from registering vehicles to drive on Texas roads.

The proposed amendments to §217.26 would distinguish the personal identification document requirements for registration that does not require the applicant to be a resident of Texas from registrations under Transportation Code, §502.040, which requires Texas residency. While the proposed amendment to §217.26(a) preserves the existing flexibility in personal identification documents for applicants for types of registration that do not require Texas residency, proposed new §217.26(b) limits the types of personal identification documents the department would accept from applicants for registration requiring Texas residency. Applicants for vehicle registration under Transportation Code, §502.040 would have to show either a valid, unexpired driver's license or state identification card that meets the requirements of the REAL ID Act of 2005 (REAL ID), a valid passport as defined by new §217.22(44), or a valid, unexpired Texas handgun license. All three of these methods of identification provide proof that the applicant is legally eligible to reside in Texas. REAL ID requires that the issuing authority verify the legal presence status of applicants who are not United States citizens. As stated above, the proposed new definition of "valid passport" in §217.22(44) would show that the applicant is legally eligible to reside in Texas. Business and Commerce Code §507.001, relating to Concealed Handgun License as Valid Proof of Identification, requires that the department accept a Texas handgun license in lieu of a driver's license; an applicant for a handgun license must provide proof of citizenship or lawful presence. These proposed amendments are necessary to prevent fraud and to prevent applicants who are not legally eligible to reside in Texas from registering vehicles. The remaining subsections of §216.26 are proposed to be relettered to accommodate proposed new §217.26(b).

Proposed amendments to §217.28 and §217.29 would require applicants seeking to renew a motor vehicle registration to provide documents or information to allow the department to verify that the vehicle owner has a personal identification document that meets the requirements of proposed amended §217.26. These changes are necessary to implement the new identification requirements for all registered vehicles, including those that were initially registered prior to the effective date of these proposed amendments. Subsections of §228.28(c) would be renumbered to accommodate the addition of the new identification requirements in proposed new §228.28(c)(2).

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no significant fiscal impact to state or local governments as a result of the enforcement or administration of the proposal because the department's data shows that the vast majority of applicants for registration have been presenting the department with personal identification documents that will meet the requirements of the amended rules. Annette Quintero, Director of the Vehicle Titles and Registration 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.

Public Benefit. Ms. Quintero has also determined that, for each year of the first five years the amended sections are in effect, the public benefits anticipated as a result of the proposal include reducing the risk of fraud in vehicle registration, and preventing people who are not legally eligible to reside in Texas from attaining registration to drive on Texas roads.

Anticipated Costs To Comply With The Proposal. Ms. Quintero anticipates that there will be costs to comply with these revisions for individuals who do not have a valid, unexpired driver's license or unexpired passport and have to pay the application costs necessary to attain those documents. The cost to persons required to comply with the proposal would be $33 or less for the Texas driver's license fee and $165 or less for a United States passport.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by Government Code, §2006.002, the department has determined that the proposed amendments will have an adverse economic effect on small businesses, micro-businesses, and rural communities to the extent that they register vehicles and do not have valid, current identification document for the individual registering a vehicle under Transportation Code, §502.040. These individuals would have to apply for and pay the fees associated with a Texas driver's license or United States passport, as described above. There are approximately 3.5 million small and micro-businesses in Texas and approximately 1,660 incorporated communities in Texas with a population of less than 25,000; the department has no data on how many of these businesses and communities register their vehicles through a representative with a valid driver's license or passport that would meet the requirements of the proposed revisions. Therefore, the department is required to prepare a regulatory flexibility analysis under Government Code, §2006.002. The department considered establishing separate identification requirements for small and micro-businesses and rural communities, exempting small and micro-businesses from the identification requirements, and allowing small and micro-businesses and rural communities to use the same personal identification requirements as the proposed rules provide for registration that does not require Texas residency. The department rejected all three options because they would not be consistent with the health, safety and welfare of the state, as they would all allow the risk of fraud and the risk of individuals who are not legally eligible to reside in Texas registering vehicles and driving on Texas roads.

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 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 significant decrease of fees paid to the department. The proposed amendments technically create a new regulation for an applicant for vehicle registration who is required to be a resident of Texas. The proposed amendments do not expand or repeal an existing regulation. The proposed amendments limit an existing regulation by restricting the types of identifying documents that a person can use to register a vehicle under Transportation Code, §502.040. 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. CST on January 5, 2026. The department requests information related to the cost, benefit, or effect of the proposed amendments, 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 Texas Department of Motor Vehicles (department) proposes amendments to §§217.22, 217.26, 217.28 and 217.29 under Transportation Code, §502.0021, which gives the department the authority to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §502.040, which gives the department authority to determine by rule the personal identification required for vehicle registration under that section; and Transportation Code, §502.043, which gives the department authority to make rules to prescribe the manner and required information for an application for vehicle registration and to require an applicant for registration to provide current personal identification.

CROSS REFERENCE TO STATUTE. Transportation Code, Chapter 502 and 1002; Business and Commerce Code, Chapter 507.

§217.22. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Affidavit for alias exempt registration--A form prescribed by the director that must be executed by an exempt law enforcement agency to request the issuance of exempt registration in the name of an alias.

(2) Agent--A duly authorized representative possessing legal capacity to act for an individual or legal entity.

(3) Alias--The name of a vehicle registrant reflected on the registration, different than the name of the legal owner of the vehicle.

(4) Alias exempt registration--Registration issued under an alias to a specific vehicle to be used in covert criminal investigations by a law enforcement agency.

(5) Axle load--The total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.

(6) Border commercial zone--A commercial zone established under Title 49, C.F.R., Part 372 that is contiguous to the border with Mexico.

(7) Bus--A motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator; or a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.

(8) Carrying capacity--The maximum safe load that a commercial vehicle may carry, as determined by the manufacturer.

(9) Character--A numeric or alpha symbol displayed on a license plate.

(10) County or city civil defense agency--An agency authorized by a commissioner's court order or by a city ordinance to provide protective measures and emergency relief activities in the event of hostile attack, sabotage, or natural disaster.

(11) Current photo identification--a government-issued photo identification that is currently valid or is expired not more than 12 months, or a state-issued personal identification certificate issued to a qualifying person if the identification states that it has no expiration.

(12) Digital license plate--As defined in Transportation Code, §504.151.

(13) Digital license plate owner--A digital license plate owner is a person who purchases or leases a digital license plate from a department-approved digital license plate provider.

(14) Director--The director of the Vehicle Titles and Registration Division, Texas Department of Motor Vehicles.

(15) Division--Vehicle Titles and Registration Division.

(16) Executive administrator--The director of a federal agency, the director of a Texas state agency, the sheriff of a Texas county, or the chief of police of a Texas city that by law possesses the authority to conduct covert criminal investigations.

(17) Exempt agency--A governmental body exempted by statute from paying registration fees when registering motor vehicles.

(18) Exempt license plates--Specially designated license plates issued to certain vehicles owned or controlled by exempt agencies.

(19) Exhibition vehicle--

(A) An assembled complete passenger car, truck, or motorcycle that:

(i) is a collector's item;

(ii) is used exclusively for exhibitions, club activities, parades, and other functions of public interest;

(iii) does not carry advertising; and

(iv) has a frame, body, and motor that is at least 25-years old; or

(B) A former military vehicle as defined in Transportation Code, §504.502.

(20) Fire-fighting equipment--Equipment mounted on fire-fighting vehicles used in the process of fighting fires, including, but not limited to, ladders and hoses.

(21) Foreign commercial motor vehicle--A commercial motor vehicle, as defined by 49 C.F.R. §390.5, that is owned by a person or entity that is domiciled in or a citizen of a country other than the United States.

(22) GPS--A global positioning system tracking device that can be used to determine the location of a digital license plate through data collection by means of a receiver in a digital license plate.

(23) Highway construction project--That section of the highway between the warning signs giving notice of a construction area.

(24) International symbol of access--The symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress of Rehabilitation of the Disabled.

(25) Legend--A name, motto, slogan, or registration expiration notification that is centered horizontally at the bottom of the license plate.

(26) Make--The trade name of the vehicle manufacturer.

(27) Metal license plate--A non-digital license plate issued by the department under Transportation Code Chapter 502, 503, or Chapter 504.

(28) Nonprofit organization--An unincorporated association or society or a corporation that is incorporated or holds a certificate of authority under the Business Organizations Code.

(29) Nominating State Agency--A state agency authorized to accept and distribute funds from the sale of a specialty plate as designated by the nonprofit organization (sponsoring entity).

(30) Optional digital license plate information--Any information authorized to be displayed on a digital license plate in addition to required digital license plate information when the vehicle is in park, including:

(A) an emergency alert or other public safety alert issued by a governmental entity, including an alert authorized under Subchapter L, M, or P of Government Code Chapter 411;

(B) vehicle manufacturer safety recall notices;

(C) advertising; or

(D) a parking permit.

(31) Park--As defined in Transportation Code, §541.401.

(32) Political subdivision--A county, municipality, local board, or other body of this state having authority to provide a public service.

(33) Primary region of interest--The field on a metal or digital license plate with alphanumeric characters representing the plate number. The primary region of interest encompasses a field of 5.75 inches in width by 1.75 inches in height on metal license plates manufactured for motorcycles, mopeds, golf carts, or off-highway vehicles. The primary region of interest encompasses a field of 8.375 inches in width by 2.5625 inches in height on metal license plates manufactured for all other vehicles.

(34) Registration period--A designated period during which registration is valid. A registration period begins on the first day of a calendar month and ends on the last day of a calendar month.

(35) Required digital license plate information--The minimum information required to be displayed on a digital license plate: the registration expiration month and year (unless the vehicle is a token trailer as defined by Transportation Code, §502.001), the alphanumeric characters representing the plate number, the word "Texas," the registration expiration notification if the registration for the vehicle has expired; and the legend (if applicable).

(36) Secondary region of interest--The field on a metal or digital license plate with the word "Texas" centered horizontally at the top of the plate. The secondary region of interest encompasses a field of 2.5 inches in width by 0.5625 inches in height on metal license plates manufactured for motorcycles, mopeds, golf carts, or off-highway vehicles. The secondary region of interest encompasses a field of 6 inches in width by 1.9375 inches in height on metal license plates manufactured for all other vehicles.

(37) Service agreement--A contractual agreement that allows individuals or businesses to access the department's vehicle registration records.

(38) Specialty license plate--A special design license plate issued by the department.

(39) Specialty license plate fee--Statutorily or department required fee payable on submission of an application for a specialty license plate, symbol, tab, or other device, and collected in addition to statutory motor vehicle registration fees.

(40) Sponsoring entity--An institution, college, university, sports team, or any other non-profit individual or group that desires to support a particular specialty license plate by coordinating the collection and submission of the prescribed applications and associated license plate fees or deposits for that particular license plate.

(41) Street or suburban bus--A vehicle, other than a passenger car, used to transport persons for compensation exclusively within the limits of a municipality or a suburban addition to a municipality.

(42) Tandem axle group--Two or more axles spaced 40 inches or more apart from center to center having at least one common point of weight suspension.

(43) Unconventional vehicle--A vehicle built entirely as machinery from the ground up, that is permanently designed to perform a specific function, and is not designed to transport property.

(45) [(44)] Vehicle classification--The grouping of vehicles in categories for the purpose of registration, based on design, carrying capacity, or use.

(46) [(45)] Vehicle description--Information regarding a specific vehicle, including, but not limited to, the vehicle make, model year, body style, and vehicle identification number.

(47) [(46)] Vehicle identification number--A number assigned by the manufacturer of a motor vehicle or the department that describes the motor vehicle for purposes of identification.

(48) [(47)] Vehicle registration insignia--A license plate, symbol, tab, or other device issued by the department evidencing that all applicable fees have been paid for the current registration period and allowing the vehicle to be operated on the public highways.

(49) [(48)] Vehicle registration record--Information contained in the department's files that reflects, but is not limited to, the make, vehicle identification number, model year, body style, license number, and the name of the registered owner.

(50) [(49)] Volunteer fire department--An association that is organized for the purpose of answering fire alarms, extinguishing fires, and providing emergency medical services.

§217.26. Identification Required.

(a) In a registration class under Transportation Code, Chapter 502 that does not require the owner of the vehicle to be a resident of this state, an [An] application for initial registration is not acceptable unless the applicant presents a current photo identification of the owner containing a unique identification number and expiration date. The current photo identification must be a:

(1) driver's license or state identification certificate issued by a state or territory of the United States;

(2) United States or foreign passport;

(3) United States military identification card;

(4) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement;

(5) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document; or

(6) license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H.

(c) [(b)] If the motor vehicle is titled in:

(1) more than one name, then the identification of one owner must be presented;

(2) the name of a leasing company, then:

(A) proof of the Federal Employer Identification Number/Employee Identification Number (FEIN/EIN) of the leasing company must be submitted, written on the application, and can be entered into the department's titling system. The number must correspond to the name of the leasing company in which the vehicle is being titled; and

(B) the leasing company may submit:

(i) a current photo identification, required under this section, of the lessee listed as the registrant; or

(ii) a current photo identification, required under this section, of the employee or authorized agent who signed the application for the leasing company, and the employee's or authorized agent's employee identification, letter of authorization written on the lessor's letterhead, or a printed business card. The printed business card, employee identification, or letter of authorization written on the lessor's letterhead must contain the name of the lessor, and the employee's or authorized agent's name must match the name on the current photo identification;

(3) the name of a trust, then a current photo identification, required under this section, of a trustee must be presented; or

(4) the name of a business, government entity, or organization, then:

(A) proof of the Federal Employer Identification Number/Employee Identification Number (FEIN/EIN) of the business, government entity, or organization must be submitted, written on the application, and can be entered into the department's titling system. The number must correspond to the name of the business, government entity, or organization in which the vehicle is being titled;

(B) the employee or authorized agent must present a current photo identification, required under this section; and

(C) the employee's or authorized agent's employee identification; letter of authorization written on the business', government entity's, or organization's letterhead; or a printed business card. The printed business card, employee identification, or letter of authorization written on the business', government entity's, or organization's letterhead must contain the name of the business, governmental entity, or organization, and the employee's or authorized agent's name must match the name on the current photo identification.

(d) [(c)] Within this section, an identification document such as a printed business card, letter of authorization, or power of attorney, may be an original or photocopy.

(e) [(d)] A person who holds a general distinguishing number issued under Transportation Code, Chapter 503 is exempt from submitting to the county tax assessor-collector, but must retain:

(1) the owner's identification, as required under this section; and

(2) authorization to sign, as required under this section.

(f) [(e)] A person who holds a general distinguishing number issued under Transportation Code, Chapter 503 is not required to submit photo identification or authorization for an employee or agent signing a title assignment with a secure power of attorney.

(g) [(f)] This section does not apply to non-titled vehicles.

§217.28. Vehicle Registration Renewal.

(a) To renew vehicle registration, a vehicle owner must apply to the tax assessor-collector of the county in which the owner resides or a county tax assessor-collector who is willing to accept the application.

(b) The department will send a registration renewal notice, indicating the proper registration fee and the month and year the registration expires, to each vehicle owner prior to the expiration of the vehicle's registration.

(c) The registration renewal notice should be returned by the vehicle owner to the county tax assessor-collector in the county in which the owner resides or a county tax assessor-collector who is willing to accept the application, or to that tax assessor-collector's deputy, either in person or by mail, unless the vehicle owner renews via the Internet. The renewal notice must be accompanied by the following information, documents and fees:

(1) registration renewal fees prescribed by law;

(3) [(2)] any local fees or other fees prescribed by law and collected in conjunction with registration renewal; and

(4) [(3)] evidence of financial responsibility required by Transportation Code, §502.046, unless otherwise exempted by law.

(d) If a registration renewal notice is lost, destroyed, or not received by the vehicle owner, the vehicle may be registered if the owner presents personal identification that meets the applicable requirements of §217.26 of this title [acceptable to the county tax assessor-collector or via the Internet]. Failure to receive the notice does not relieve the owner of the responsibility to renew the vehicle's registration.

(e) Renewal of expired vehicle registrations.

(1) If the owner has been arrested or cited for operating the vehicle without valid registration then a 20% delinquency penalty is due when registration is renewed, the full annual fee will be collected, and the vehicle registration expiration month will remain the same.

(2) If the county tax assessor-collector or the department determines that a registrant has a valid reason for being delinquent in registration, the vehicle owner will be required to pay for 12 months' registration. Renewal will establish a new registration expiration month that will end on the last day of the eleventh month following the month of registration renewal.

(3) If the county tax assessor-collector or the department determines that a registrant does not have a valid reason for being delinquent in registration, the full annual fee will be collected and the vehicle registration expiration month will remain the same.

(4) Specialty license plates, symbols, tabs, or other devices may be prorated as provided in §217.45(d)(2) of this title (relating to Specialty License Plates, Symbols, Tabs, and Other Devices).

(5) Evidence of a valid reason may include receipts, passport dates, and military orders. Valid reasons may include:

(A) extensive repairs on the vehicle;

(B) the person was out of the country;

(C) the vehicle is used only for seasonal use;

(D) military orders;

(E) storage of the vehicle;

(F) a medical condition such as an extended hospital stay; and

(G) any other reason submitted with evidence that the county tax assessor-collector or the department determines is valid.

(6) The operation of a vehicle with an expired registration that has been stored or otherwise not in operation that is driven only to an inspection station for the purpose of obtaining an inspection, if applicable, required for registration, will not affect the determination of whether the registrant has a valid or invalid reason for being delinquent.

(f) For purposes of Transportation Code §502.407(c), the county tax assessor-collector's office of the county in which the owner resides is closed for a protracted period of time if the county tax assessor-collector's office has notified the department that it is closed or will be closed for more than one week.

§217.29. Vehicle Registration Renewal via Internet.

(a) Internet registration renewal program. The department will maintain a uniform Internet registration renewal process. This process will provide for the renewal of vehicle registrations via the Internet and will be in addition to vehicle registration procedures provided for in §217.28 of this title (relating to Vehicle Registration Renewal). The Internet registration renewal program will be facilitated by a third-party vendor.

(b) County participation in program. All county tax assessor-collectors shall process registration renewals through an online system designated by the department.

(c) Eligibility of individuals for participation. To be eligible to renew a vehicle's registration via the Internet, the vehicle owner must meet all criteria for registration renewal outlined in this subchapter and in Transportation Code, Chapter 502.

(d) Information to be submitted by vehicle owner. A vehicle owner who renews registration via the Internet must submit or verify the following information:

(1) registrant information, including the vehicle owner's name, [and] county of residence, and information necessary to verify that the vehicle owner has a personal identification document that meets the applicable requirements of §217.26 of this title (relating to Identification Required);

(2) vehicle information, including the license plate number of the vehicle to be registered;

(3) insurance information, including the name of the insurance company, the name of the insurance company's agent (if applicable), the telephone number of the insurance company or agent (local or toll free number serviced Monday through Friday 8:00 a.m. to 5:00 p.m.), the insurance policy number, and representation that the policy meets all applicable legal standards;

(4) credit card information, including the type of credit card, the name appearing on the credit card, the credit card number, and the expiration date; and

(5) other information prescribed by rule or statute.

(e) Duties of the county. A county tax assessor-collector shall:

(1) accept electronic payment for vehicle registration renewal via the Internet;

(2) execute an agreement with the department as provided by the director;

(3) process qualified Internet registration renewal transactions as submitted by the third-party vendor;

(5) [(4)] communicate with the third-party vendor and applicants via email, regular mail, or other means, as specified by the director;

(6) [(5)] reject applications that do not meet all requirements set forth in this chapter, and in Transportation Code, Chapter 502; and

(7) [(6)] register each vehicle for a 12-month period.

(f) Duties of the department. For vehicle registration renewals that are submitted via the Internet, the department and its centralized third-party vendor shall promptly facilitate and mail vehicle registration insignias to applicants.

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 November 19, 2025.

TRD-202504233

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: January 4, 2026

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