TITLE 43. TRANSPORTATION
PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 206. MANAGEMENT
SUBCHAPTER
D.
INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to 43 Texas Administrative Code (TAC) §206.101 and adopts new 43 TAC §206.102. The revisions are necessary to create an Automated Vehicle Regulation Advisory Committee to assist the board and the executive director with recommendations regarding the regulation of automated motor vehicles in Texas, including the protection of consumers of automated motor vehicle services.
The department adopts amendments to §206.101 without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8519). The rule will not be republished. The department adopts new §206.102 with changes and the rule will be republished.
REASONED JUSTIFICATION. The revisions to §206.101 and new §206.102 are related to the implementation of Senate Bill (SB) 2807, 89th Legislature, Regular Session (2025), which tasked the department with regulating automated motor vehicles by issuing authorizations to transport property or passengers in furtherance of a commercial enterprise on Texas streets and highways without a human driver. To create an efficient means for the department to get input on issues that arise in the regulation of automated motor vehicles, adopted new §206.102 creates the Automated Vehicle Regulation Advisory Committee (AVRAC) as a stand-alone advisory committee pursuant to the Transportation Code, §1001.031, which requires the department to retain or establish one or more advisory committees to make recommendations to the board or the executive director. The department may seek advice and recommendations from the AVRAC when the department proposes rule amendments pursuant to Transportation Code §545.453 and §545.456, as amended by SB 2807. Adopted new §206.102(c) sets the expiration date for the AVRAC as July 7, 2031, to align with the renewal schedule for the other department advisory committees without requiring the department to renew the AVRAC within the next two years.
Adopted amendments to §206.101(b)(1) include the new AVRAC in the list of department advisory committees that take public comment on matters within the scope of the advisory committee. For the AVRAC, the scope of the advisory committee is set out in new §206.102(a) as "topics related to the regulation of automated motor vehicles." At adoption, new §206.102(b) was amended to correct punctuation.
SUMMARY OF COMMENTS.
No comments on the proposed amendments were received.
STATUTORY AUTHORITY. The department adopts an amendment to §206.101 and adopts new §206.102 under Transportation Code, §1001.031, which authorizes the department to retain or establish one or more advisory committees to make recommendations to the board or the executive director; 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, §2110.005, which requires state agencies establishing advisory committees to make rules stating the purpose and tasks of the committee and describing the manner in which the committee will report to the agency; and Government Code, §2110.008, which allows state agencies establishing advisory committees to designate by rule the date an advisory committee will be abolished.
CROSS REFERENCE TO STATUTE. Transportation Code Chapters 1001 and 1002; and Government Code Chapter 2110.
§206.102.
(a) The AVRAC is created to make recommendations, as requested by the department and board, on topics related to the regulation of automated motor vehicles.
(b) The AVRAC shall comply with the requirements of §206.93 of this title (relating to Advisory Committee Operations and Procedures).
(c) The AVRAC shall expire on July 7, 2031.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 13, 2026.
TRD-202600661
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: March 5, 2026
Proposal publication date: December 26, 2025
For further information, please call: (512) 465-4160
CHAPTER 217. VEHICLE TITLES AND REGISTRATION
SUBCHAPTER
B.
INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to 43 Texas Administrative Code (TAC) Subchapter B, Motor Vehicle Registration, §§217.22, 217.26, 217.28, and 217.29 to define and modernize 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 within 30 days of becoming a Texas resident. The amendments are necessary to ensure that the personal identification documents required for vehicle registration under Transportation Code, §502.040 are unexpired and prove that the applicant is legally eligible to reside in Texas.
The department adopts §§217.22, 217.26, and 217.29 with changes to the proposed text as published in the December 5, 2025, issue of the Texas Register (50 TexReg 7868); the rule text for those sections will be republished. The department adopts §217.28 without changes, and the text for §217.28 will not be republished. The effective date for the amendments to §217.22 and §217.26 is March 5, 2026. The effective date for the amendments to §217.28 and §217.29 is January 1, 2027.
REASONED JUSTIFICATION. The adopted amendments to 43 TAC §217.22 add new definitions of terms used in amended §217.26. At adoption, the department added new definitions for "REAL ID" in §217.22(34) and "United States birth certificate" in §217.22(45) to clarify terms in and streamline the language of adopted amended §217.26. The adopted definition of "REAL ID" in §217.22(34) is language that was proposed in §217.26(b)(1). The adopted definition of "United States birth certificate" includes an original or a certified copy of a birth certificate for a person born in the United States, or an original or certified copy of a government-issued document for a child born abroad to a United States citizen, such as a Consular Report of Birth or a Department of State Certification of Birth. These documents prove that a person has the legal right to reside in Texas.
The adopted amendments also include a new §217.22(46), 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 country and supported by a Form I-94, a current permanent resident card, or an unexpired immigrant visa issued by the United States Department of Homeland Security, to show that the person has the legal right to reside in the United States. At adoption, the proposed language in the definition of "valid passport" that would have required a stamp or mark on the passport was removed and "Form I-94, unless the Form I-94 shows that the bearer only had Parole status" was added in its place, because the department learned through public comment that the federal government no longer stamps passports but instead uses the Form I-94. The exception for Parole status is necessary because Parole status is a temporary status that can be revoked at any time and without notice by the federal government. The remaining paragraphs in §217.22 are adopted to be renumbered as necessary to accommodate the new definitions. These adopted amendments to §217.22 are necessary to clarify the meaning of terms used in the adopted amendments to §217.26, and to strengthen the document validity requirements for vehicle registration 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 adopted amendments to §217.26 distinguish the personal identification document requirements for registration by type of registration. Under §217.26(a), an applicant for registration needs to provide a "current photo identification," as defined under §217.22(11), that can be expired by not more than 12 months. While this leeway is appropriate and creates efficiency for vehicle registration types that are generally used for commercial, industrial, or agricultural purposes, or for registration types that are not based on Texas residency, it is not appropriate for registrations that require Texas residency under Transportation Code, §502.040 because it invites fraud by individuals using expired, invalid identification documents. Additionally, not all of the identification documents allowed under §217.26(a) prove that an individual is legally authorized to reside in Texas, which is required for vehicle registration as an individual Texas resident under Transportation Code, §502.040. Legal residency is not a static status; it is subject to change, including a change based on federal statutes, regulations, executive orders, or case law. Therefore, the department has amended §217.26(b) to create stricter requirements for the personal identification documents that an individual applicant must present for vehicle registration as a Texas resident requiring a valid, unexpired identification document for individual Texas resident vehicle registrants. Thus, while adopted new §217.26(b) limits the types of personal identification documents the department accepts from applicants seeking vehicle registration as a Texas resident, the adopted amendments to §217.26(a) preserve the existing flexibility in acceptable personal identification for applicants seeking types of registration that either do not require the applicant to be a resident of Texas or are generally used exclusively for commercial, industrial, or agricultural purposes, and are therefore not as subject to fraud.
At adoption, §217.26(a) was amended to remove the specific reference to Transportation Code, Chapter 502, to incorporate vehicle registrations under authority in other statutes. Additional amendments to §217.26(a) at adoption added a cross-reference to the specific sections of §217.26 that contain other requirements, or exemptions from requirements, for personal identification, and a reference to the types of registration that are excluded from §217.26(b) to clarify that those registration types are subject to the personal identification requirements of §217.26(a).
Under the adopted amendments to §217.26(b), applicants for vehicle registration under Transportation Code Chapter 502 have to show one of five types of identification: (1) a valid, unexpired driver's license or state identification certificate that complies with REAL ID, is not marked "limited term" or "temporary," and was issued by a state or territory of the United States; (2) a valid, unexpired driver's license or state identification certificate issued by a state that requires proof of legal presence in the United States for issuance; (3) an valid, unexpired driver's license or state identification certificate issued by a state or territory of the United States, regardless of whether it complies with REAL ID or was issued by a state that requires proof of legal presence, so long as it is accompanied by a United States birth certificate as defined in new §217.22(45), United States Certificate of Naturalization (N-550 or N-570), or a United States Certificate of Citizenship (N-560 or N-561); (4) a valid passport; or (5) a valid, unexpired license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H. All five of these methods of identification provide proof that the applicant is legally eligible to reside in Texas. These adopted amendments are necessary to prevent identity fraud by no longer relying on expired credentials, and to prevent applicants who are not legally eligible to reside in Texas from registering vehicles in Texas.
The proposed rule amendments allowed only three types of acceptable identification documents: (1) a driver's license that complies with REAL ID; (2) a valid passport; or (3) valid, unexpired license to carry a handgun. REAL ID requires that the issuing authority verify the legal presence status of applicants who are not United States citizens. As stated above, the adopted new definition of "valid passport" in §217.22(46) requires 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.
During the public comment process, the department became aware that many individuals that are United States citizens or lawfully present in the United States prefer to obtain driver's licenses or state identification certificates that do not comply with REAL ID. To address this, the department at adoption added two additional forms of acceptable identification documents for registration in §217.26(b)(2) and (3), to allow individuals to use driver's licenses and state identification certificates that do not comply with REAL ID requirements for registration while still ensuring that the identification documents prove that the applicant is legally eligible to reside in Texas.
REAL ID is not mandatory under federal law. A majority of the states allow an applicant to obtain a driver's license or state-issued identification certificate that does not comply with the requirements of REAL ID. Only five states require all new driver's licenses and identification certificates they issue to be REAL ID compliant: Texas, Florida, Michigan, Nebraska, and Wyoming. The following additional states all require proof of legal residence prior to issuing a driver's license or a state identification certificate, even when the identification issued does not comply with all the other requirements of REAL ID: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, West Virginia, and Wisconsin. Under new §217.26(b)(2), which was added at adoption, an applicant can apply for vehicle registration with a driver's license or state-issued identification certificate regardless of whether it complies with the requirements of REAL ID if it was issued by a state that requires proof of legal presence in the United States.
New §217.26(b)(3), which was also added at adoption, creates requirements to address the remaining states, which do not check for legal presence in the United States when issuing a driver's license or state-issued identification certificate that does not comply with REAL ID. Adopted new §217.26(b)(3) allows an applicant to provide their unexpired driver's license or state identification certificate from any state or territory of the United States, if it is accompanied by a United States birth certificate as defined in new §217.22(45), a United States Certificate of Naturalization (N-550 or N-570), or a United States Certificate of Citizenship (N-560 or N-561) to prove citizenship. The department also amended §217.26(b)(1) at adoption to limit the use of a REAL ID to only those driver's licenses or state-issued identification certificates that are not marked "limited term" or "temporary," since these markings are used to denote non-citizens with temporary immigration status. REAL ID-compliant driver's licenses that are marked "limited term" or "temporary" could only be used by a registration applicant if they met the requirements of §217.26(b)(2) or (3) as amended at adoption. These applicants could also use a valid passport, as defined by adopted new §217.22(46), to register their vehicle. These new amendments at adoption will give Texas residents with a driver's license from another state more options when registering their vehicles, while still ensuring that all vehicle registrants are legally eligible to reside in Texas.
An amendment to §217.26(b) at adoption creates a cross-reference to the specific sections of §217.26 that contain other requirements, or exemptions from requirements, for personal identification. The department also added amendments to §216.26(b) at adoption to clarify that the strengthened identification requirements do not apply to an application for initial registration under Transportation Code, Chapter 502, Subchapters C (Special Registrations) or I (Alternate Registration Fees); §502.146 (Certain Farm Vehicles and Drilling and Construction Equipment); a registration under §217.66 of this title (relating to Specialized License Plate for Registration of Rental Trailers); or a commercial vehicle registration under §217.46(b) of this title (relating to Commercial Vehicle Registration). An applicant for registration under one of these provisions must comply with the applicable identification requirements under §217.26(a) or (c), unless the registration falls under new §217.26(h) as explained below. These provisions apply to certain types of registration that do not require the applicant to be a resident of Texas, or certain types of registration that are generally used either (1) by motor carriers or transit authorities; or (2) for soil conservation, farming, ranching, agriculture, drilling water wells, oil well servicing or drilling, and certain other commercial or industrial purposes. These changes at adoption were necessary because these registration types are not generally used by individuals for routine personal vehicle registration and are therefore less susceptible to fraud or to misuse by people who are not legally eligible to reside in Texas. For these specific types of registration, the loss of efficiency for commerce and industry that could result from the enhanced identification requirements under new §217.26(b) outweighs the risks of allowing more forms of personal identification for vehicle registration. The remaining subsections of §217.26 are adopted to be re-lettered to accommodate proposed new §217.26(b). At adoption, the department added cross-references to subsections (c), (g), and (h) in §217.26(b) to clarify that §217.26(b) is subject to those exceptions.
The department also added cross-references in §217.26(c) at adoption. The department added a cross-reference in §217.26(c)(1) to subsections (a), (b), and (c)(2) - (4), to clarify that those sections contain the personal identification requirements that would apply to the registration of a vehicle with more than one owner, depending on the type of owner and type of registration. The department also added cross-references in §217.26(c)(2) - (4) citing §217.26(a), to clarify which personal identification requirements apply to those specific registration situations. In §217.26(c)(3), the department added "or authorized trustee representative if the trustee is a legal entity" at adoption, to clarify whose personal identification the department requires for registration of a vehicle by a trust.
At adoption, the department added new §217.26(h), which exempts the following from the identification requirements under §217.26: apportioned registration under the International Registration Plan (IRP); exempt vehicle registrations under Transportation Code, Chapter 502, Subchapter J, or §502.0025; and registration of off-highway vehicles owned by the state, a county, or a municipality under Transportation Code, §502.140(c).
IRP is a vehicle registration reciprocity agreement between the 48 contiguous states of the United States, the District of Columbia, and the Canadian provinces. Texas is a member of IRP, as authorized by Transportation Code, §502.091 and 49 U.S.C. §31704, and must comply with IRP. Sections 305 and 310 of IRP authorize a person to register an "apportionable vehicle," as defined by IRP, in a jurisdiction that is a member of IRP (member jurisdiction) if the person has an "established place of business" in that member jurisdiction as defined by Section 305 of IRP. An "established place of business" is not the same as a residence. If an applicant for apportioned registration does not have an "established place of business" in a member jurisdiction, the applicant may register a vehicle in a member jurisdiction in which the applicant can demonstrate "residence" under the requirements in Section 305 of IRP, which requires a "resident driver's license or non-driver issued identification." Apportioned registration in Texas is governed by 43 TAC §217.56, rather than §217.26. Also, the identification requirements under §217.26 to establish residence are inconsistent with Section 305 of IRP. It was therefore necessary at adoption to exempt vehicles registered under IRP from the requirements of §217.26.
The registration classes under Transportation Code, Chapter 502, Subchapter J, are exempt from registration fees and are used by or for government entities or for a purpose that benefits the public. An example of a vehicle used to benefit the public is a commercial motor vehicle, trailer, or semitrailer owned by a nonprofit disaster relief organization and used exclusively by the organization for activities related to disaster relief. The registration classes under Subchapter J have special application requirements under the relevant statutes to require the applicant to show that the applicant is eligible for one of these classes of registration, and most of these registration classes have special registration requirements under §217.55 of this title (relating to Exempt and Alias Vehicle Registration). Also, the vehicles that are eligible for one of these registration classes must generally display an external indication on the vehicle that indicates its exempt status, such as the name of the governmental agency printed on each side of the vehicle, a license plate that includes the word "exempt," or a license plate that indicates the specific use of the vehicle such as a license plate that includes the words "Disaster Relief." Governmental agencies that are required to print the name of the agency and other information on each side of the motor vehicle are subject to having their motor vehicle seized by a peace officer under Transportation Code, §502.452(c) if the governmental agency operates the motor vehicle on a public highway when the motor vehicle is not identified by Transportation Code, §502.452(a) or (b), unless the vehicle falls under the exemption provided under Transportation Code, §502.452(f). Therefore, the exempt registration classes under Chapter 502, Subchapter J are less susceptible to fraud or use by individuals who do not have a legal right to reside in Texas, so an amendment at adoption was necessary to exempt these vehicles from individual personal identification registration requirements to avoid waste and inefficiency for the government and non-profit entities that qualify for exempt registration.
The registration class under Transportation Code, §502.140(c) is limited to "an off-highway vehicle that is owned by the state, county, or municipality for operation on a public beach or highway to maintain public safety and welfare." Due to the limitation on the use of such vehicles and the fact that this registration class is limited to an off-highway vehicle owned by the government, the identification requirements under §217.26 are not necessary because there are sufficient protections in place to prevent an individual from obtaining this registration class.
Adopted amendments to §217.28(c) and (d) and §217.29(d) and (e) 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 amended §217.26. These changes are necessary to implement the new identification requirements under §217.26 for most registered vehicles, including those that were initially registered prior to the effective date of the adopted amendments to §217.26. Paragraphs under §217.28(c) are renumbered to accommodate the addition of the new identification requirements in adopted new §217.28(c)(2). Paragraphs under §217.29(d) and (e) are renumbered to accommodate the addition of the new identification requirements in adopted new §217.29(d)(2) and (e)(4).
At adoption, the department amended the language of §217.29(d)(2) to exempt the following registrations from the new requirement for the applicant to show personal identification at renewal that meets the applicable requirements under §217.26: registration under §217.66 of this title (relating to Specialized License Plate for Registration of Rental Trailers), §217.46(b)(5) of this title (relating to Commercial Vehicle Registration) regarding a forestry vehicle license plate, Transportation Code, §§502.0023 (Extended Registration of Commercial Fleet Vehicles), and Transportation Code, §502.0024 (Extended Registration of Certain Trailers). The specific qualifying requirements in rule and statute for these types of registration make them unlikely to be obtained by individual residents. The trailers in the rental fleet under §217.66 must be owned by the same owner and offered for rent or rented without drivers. The forestry vehicle license plate is available only for vehicles that are used exclusively to transport forest products in their natural state, including logs and wood chips. The vehicles that are eligible for extended registration under Transportation Code, §502.0023 are motor vehicles, semitrailers, and trailers in the "commercial fleet," which is defined in Transportation Code, §502.001 to require the vehicles to be owned, operated, or leased by a business entity and used for the business purposes of that entity. The trailers that are eligible for extended registration under Transportation Code, §502.0024 are trailers, semitrailers, and pole trailers with an actual gross weight or registered gross weight of 7,500 pounds or less. While Transportation Code, §502.0024 does not limit the use of these trailers to a business purpose, each of these types of trailers are trailing units, which require a separate registered motor vehicle to pull them before they can go on the road. The truck or tractor pulling the trailers would still be subject to separate registration requirements, including the new identification requirements, so requiring identification at renewal for the unpowered trailers would be redundant and inefficient. Creating these exceptions in §217.29(d)(2) at adoption was necessary because the loss of efficiency for commerce that could come from having to show personal identification at registration renewal outweighed other concerns, since these registration types are either: (1) not used by individual Texas residents for personal vehicle registration and are therefore less susceptible to identity fraud, or (2) fall within the category of trailing units that are pulled by a separate motor vehicle, which the owner must register separately.
In response to public comments requesting a delay to the implementation of the personal identification requirements for registration renewal under §217.28 and §217.29, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027. This delay will allow time for the department and tax assessor-collectors to improve systems and processes to facilitate quick and efficient registration renewal with automated identification verification methods that mitigate the risk of fraud and identity theft. The delay will also allow lenders and dealers additional time to adapt their business processes to account for the application of revised personal identification requirements to registration renewals.
SUMMARY OF COMMENTS.
The department received 279 comments on the proposal.
The department received 267 comments against the adoption of the proposed rule amendments from the Independent Bankers Association of Texas (IBAT), the Texas Bankers Association, the Texas Credit Union Association, the Texas Independent Automobile Dealers Association (TIADA), AARPTexas, the Texas Automobile Dealers Association (TADA), the Houston Automobile Dealers Association (HADA), the New Car Dealers of West Texas (NCDWT), the San Antonio Automobile Dealers Association, Inc., (SAADA), the El Paso New Car Dealers Association (EPNCDA), the Valley Automobile Dealers Association (VADA), the Austin Automobile Dealers Association (AADA), the North Texas Automobile Dealers (NTXAD), the Workers Defense Action Fund (WDAF), the Texas United Auto and Community Alliance (TUACA), Every Texan, the Tax Assessor-Collectors Association of Texas (TACA), the Texas Conference of Urban Counties (TCUC), the Texas Department of Public Safety (TxDPS), Texas State Senator Juan "Chuy" Hinojosa, Texas State Senator Molly Cook, Texas State Representative Armando Walle, Texas State Representative Terry Canales, Texas State Representative Christina Morales, Texas State Representative Vincent Perez, the Bexar County Tax Assessor-Collector, the Travis County Tax Assessor-Collector, the Dallas County Tax Assessor-Collector, El Paso County, the Webb County Tax Assessor-Collector, and 237 other individuals. The department received comments from 12 individuals in support of adoption of the proposed rules.
Comment. The department received comments from TIADA, WDAF, TUACA, State Representative Terry Canales, State Representative Armando Walle, State Representative Christina Morales, the Travis County Tax Assessor-Collector, El Paso County, and 132 other individuals in opposition to the proposed amendments because they would have a negative financial impact on businesses that serve immigrant and low-income communities, including car dealerships, title transfer businesses, and lenders. One dealer commented that it had seen a 25%-30% drop in transactions since the identification requirements changed. Another dealer commented that the identification requirements have caused a 50% drop in sales, a 30% decrease in collections, and a 20% increase in repossessions at his dealership. One lender estimated an increase in administrative expenses of $50,000-$100,000 per year, and reduced loan volume of 5%-10% per year. Another dealer estimated an annual revenue reduction of approximately $50 million, a workforce reduction of 100-125 employees, closure of retail locations, and the elimination of all community outreach, charitable events and social responsibility programs that the dealers currently fund. Another dealer stated that it had experienced a 66% drop in sales with the new identification requirements. Still another dealer said that it had lost 75% of its sales due to the new guidance on identification requirements. Another dealer expected a negative impact on sales of 4%-5%. Two dealers commented that each of them had lost 20% of sales due to the new registration identification requirements and expected to lay off employees. A title services business operator stated that her revenue from title transfers had been reduced by 85% in December 2025. Two dealers stated that their sales had decreased by more than 50% during the period of November 2025 to January 2026, as compared to the same period in 2024-2025. A dealer feared that the proposed new identification requirements would devalue his dealership to such an extent that he should not pass it on to his children because it would only be a burden. These dealers also stated that customers that only had individual taxpayer identification numbers produced lower loss ratios than customers that were United States citizens.
Response. The department disagrees. People can continue using foreign passports to obtain legal title to purchased vehicles, so that they can export them to their home country or sell the vehicle if they are unable to use it. Under Transportation Code §502.040, people who are not legally eligible to reside in Texas are not authorized to register vehicles as Texas residents. Dealers and lenders should perform sufficient due diligence to ensure they are doing business with a person who is legally authorized to reside in Texas if the person is requesting to register a vehicle in Texas. The department is not authorized to support business operations inconsistent with state laws.
Comment. IBAT, TIADA, and 36 individuals commented in opposition to the proposed amendments because people who have purchased vehicles but are unable to register them will be more likely to default on car loans. IBAT, TIADA, and 10 individuals noted that the Consumer Financial Protection Bureau and the U.S. Department of Justice issued guidance in October 2023 cautioning creditors against denying credit based solely on immigration status when applicants are otherwise qualified, which caused lenders to lend without looking into immigration status. IBAT commented that the proposed identification requirements are inconsistent with the federal Customer Identification Program requirements that dictate the information a bank must obtain from an individual opening an account. IBAT and an individual commented that if buyers fail to register their vehicles out of fear that they will not be able to provide the necessary personal identification documents, it will make locating and repossessing collateral more difficult and expensive for banks in the event of default. An individual commented that vehicles that are unable to be registered will be uninsurable, which will increase risk to lenders of losing their collateral. TIADA and 16 individuals requested that the department amend §217.26(b) at adoption to create a grandfathering provision to allow people to renew registration for vehicles with existing registration without providing identification, so as to prevent the defaults and losses for lenders.
Response: The department disagrees. Under Transportation Code, §502.040, people who are not legally eligible to reside in Texas are not authorized to register vehicles as Texas residents. Dealers and lenders should perform sufficient due diligence to ensure they are doing business with people who are legally authorized to reside in Texas. Many of the financial concerns raised are not within the scope of the rule proposal. It is the responsibility of Texas businesses to appropriately manage their operations within the requirements of numerous local, state and federal regulations which do not always fully align in application or intent. However, to mitigate these concerns, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027. This delay will allow lenders and dealers more time to adapt their business processes to account for the application of revised personal identification requirements to registration renewals.
Comment. TACA, TUACA, the Webb County Tax Assessor-Collector, the Travis County Tax Assessor-Collector, El Paso County, State Senator Juan "Chuy" Hinojosa, State Representative Terry Canales, State Representative Christina Morales, and 59 individuals commented in opposition to the proposed amendments because the rule would significantly reduce state revenue, both from lost registration fees and lost sales tax revenue. The Webb County Tax Assessor-Collector estimated that 40%-60% of vehicle purchasers in Webb County will not meet the proposed new identification requirements, resulting in a reduction of between $15.2 million and $22.8 million in vehicle sales taxes. One individual commented that if 40% of an estimated 1.58 million undocumented adults in Texas do not register vehicles, the state of Texas would lose $1.8 billion annual in sales tax revenue. TACA, TUACA, Every Texan, El Paso County, State Senator Juan "Chuy" Hinojosa, and two individuals stated that the proposed changes would cause individuals to register in other states. One commenter noted a Texas Department of Transportation study prior to 2009 that found Texas was already losing as much as $70 million per year in fees to neighboring states. A dealer commented that it expected sales tax and title fees from its dealership alone to be reduced by $2 million per year; another estimated sales tax payments would decline $1.2 million per year. One individual commented that the department does not have data on the number of vehicles registered with each type of permitted identification documents or the amount of tax collected annually based on those registrations with each type of identification document, and does not have data on how many vehicles dealers in Harris, Dallas, Tarrant, Bexar and Travis Counties have registered using driver's licenses or foreign passports.
Response. The department disagrees. Based on data the department has recently identified, only 5.15% of registrants who completed initial registration and titling simultaneously used a passport as their form of identification. Those data are not broken down between the use of foreign passports and United States passports and do not show which foreign passports were supported by valid visas or permanent residence cards. Assuming that half of the passports used were United States passports, and that half of the foreign passports were supported by valid immigration documentation that would meet the requirements of the rule amendments, the department expects that the rule will impact approximately 1.29% of registered vehicles, or about 341,000 vehicles per year, resulting in a reduction in vehicle registration revenue to the state of approximately $19.5 million per year, or 0.84%. The department expects a reduction in revenue to local government of $1,731,578 per year statewide, or 0.36%.
Comment. The department received comments from 15 individuals in opposition to the proposed amendments because they felt that the rule was discriminatory and racially motivated. State Representative Vincent Perez commented that the proposed amendments suggest that the department is "willing to use routine government processes to signal exclusion, to remind certain Texans that their participation is conditional." Two individuals stated that the proposed rules were unconstitutional because they violated equal protection. One individual commented that the proposed rules are immoral and the department should not join the wave of fascism sweeping the county.
Response. The department disagrees. The identification requirements apply equally to all persons, regardless of race or ethnicity.
Comment. One individual commented in opposition to the proposed amendments that required the department to request passports with visas for registration renewal because it was too much personal information.
Response. The department disagrees. The department has been charged with issuing vehicle registration to residents under Transportation Code, §502.040, which requires that the application for vehicle registration be accompanied by personal identification. The proposed rule amendments tighten the identification requirements to ensure that the identification presented for vehicle registration is valid and proves that the applicant for registration is legally eligible to reside in Texas.
Comment. TACA, the Travis County Tax Assessor-Collector, and one individual commented in opposition to the proposed amendments because the Texas by Texas online system requires a vehicle registrant to provide too much personal information when it makes a user provide a social security number and other personal information to create an account. TACA and the Travis County Tax Assessor-Collector believe that this will cause fewer people to renew online, leading to more mail-in and in-person registration renewals that will increase costs for tax offices.
Response. The department disagrees. This comment is outside the scope of this rulemaking. The department does not set the website account requirements for Texas by Texas, which is overseen by the Department of Information Resources. Individuals concerned by having to provide information required to use Texas by Texas have other vehicle registration options available to them.
Comment. Three individuals commented in opposition to the proposed amendments because the proposed new personal identification requirements could cause people to become victims of fraudulent schemes as they seek ways to get vehicle registration.
Response. The department disagrees. Fraud is a pervasive issue in modern society and a constant threat that everyone should remain vigilant against at all times. It is not isolated to or exacerbated by the specific types of identification the department requires for vehicle registration. Personal identification is regularly required by businesses, social media and entertainment platforms, nonprofit organizations, community groups, and numerous other entities.
Comment. The TxDPS and one individual commented in opposition to the proposed amendments because the amended rules would prevent people who had moved to Texas from other states from being able to register their vehicles, which would prevent them from being able to apply for a Texas driver's license. The TxDPS DL-14a form asks first-time applicants whether they have a motor vehicle that is required to be registered in Texas, based on the requirement under Transportation Code, §521.144 that a new resident of Texas must register his or her motor vehicles in Texas before applying for a Texas driver's license. TxDPS commented that this would result in more unlicensed drivers and unregistered vehicles. TxDPS also commented that the rule amendments would increase staff processing time requirements for TxDPS, leading to additional delays. TxDPS requested that the department allow applicants to present United States birth certificates as proof of citizenship for individuals that do not have a driver's license or identification certificate that meets the requirements of REAL ID.
Response. The department agrees. At adoption, changes to the proposed text allow applicants to provide a birth certificate in addition to a driver's license or state identification card, if the license or state identification card does not comply with REAL ID.
Comment. TADA, WDAF, State Senator Juan "Chuy" Hinojosa, State Senator Molly Cook, State Representative Terry Canales, State Representative Christina Morales, the Travis County Tax Assessor-Collector, the Bexar County Tax Assessor-Collector, El Paso County, and 44 other individuals commented in opposition to the proposed amendments because the amended rules would make Texas roads more dangerous by reducing the number of insured drivers. The department received comments from 12 individuals who estimated that the reduction in insured drivers could cost the remaining insured drivers in Texas more in higher insurance premiums and create instability in the insurance market; one commenter estimated a cost of $1.5-3 billion per year in increased premiums. Another individual noted that when New Mexico restricted vehicle registration, it led to a spike in the number of uninsured drivers. An individual commenter estimated that the change in registration identification requirements would result in a $1 billion loss for insurance companies. Another individual commenter stated that uninsured drivers are more likely to hit-and-run if they get into an accident, which will drive up repair costs for the other drivers they hit and for the companies that insure those drivers.
Response. The department disagrees. The department does not expect a significant impact on the number of uninsured drivers as a result of the proposed rules because the department's data suggests that only 1.29% of registrants, or approximately 341,000 individuals, are registering vehicles with foreign passports that would not meet the requirements of the proposed new rules.
Comment. The department received comments from 67 individuals in opposition to the proposed amendments because the amended rules would create a dangerous environment and decrease road safety.
Response. The department disagrees. The department does not expect that the proposed amendments will make Texas or its roads more dangerous. To the extent that these comments refer to uninsured drivers, the department does not expect a significant impact on the rate of insured drivers as a result of the proposed rules because the department's data suggests that only 1.29% of registrants, or approximately 341,000 vehicles, are registering with foreign passports that would not meet the requirements of the proposed new rules.
Comment. TADA, TIADA, TACA, TUACA, El Paso County, State Senator Juan "Chuy" Hinojosa, State Senator Molly Cook, and 13 other individuals commented that the proposed rules would result in the government and law enforcement having less accurate, up-to-date information on vehicles and their owners. TADA and Senator Hinojosa commented that the inaccurate registration information could create problems for vehicle manufacturers in getting recall notices to the actual vehicle owners.
Response. The department disagrees. The department does not expect a significant impact on the accuracy of the vehicle information database, because the department's data suggests that only 1.29% of registrants, or approximately 341,000 vehicles, are registering with foreign passports that would not meet the requirements of the proposed new rules. Personal vehicle ownership is not the only form of transportation available to Texans.
Comment. The department received comments from El Paso County, State Representative Christina Morales, WDAF, and 101 individuals in opposition to the proposed rule amendments because they would cause reduced economic productivity in Texas when workers are unable to get transportation. One individual stated that the proposed rules would "kill the Texas miracle."
Response. The department disagrees. The department does not expect a significant impact on economic productivity, because the department's data suggests that only 1.29% of registrants, or approximately 341,000 vehicles, are registering with foreign passports that would not meet the requirements of the proposed new rules. Personal vehicle ownership is not the only form of transportation available to Texans.
Comment. Six individuals commented in opposition to the proposed rule amendments, stating that Texas should introduce a limited-purpose driver's license, similar to California's AB60, to allow undocumented residents to obtain a state-issued ID with proof of residency and identity, required biometric background checks, and markings stating "driving privilege only" to distinguish it from other licenses. TxDMV could then use this special ID as the basis for vehicle registration.
Response. The department disagrees. This comment is outside the scope of both this rulemaking and the department's rulemaking authority. The department does not have legal authority over driver's license programs in Texas. The Department of Public Safety issues driver's licenses.
Comment. Two individuals commented in opposition to the proposed amendments because limiting vehicle registration could result in issues for vehicle sellers when the purchaser of their vehicle does not register it, such as continuing toll charges.
Response. The department disagrees. The department works with customers and the toll authorities to identify vehicles that have been sold. Filing a vehicle transfer notice with the department protects a vehicle seller from incurring future toll charges, even if the new owner does not register it immediately.
Comment. Three individuals commented in opposition to the proposed rules because the change in registration requirements could lead to increased isolation among immigrant families, which could in turn lead to increased healthcare costs that one commenter estimated at $1 billion in added healthcare spending for 632,000 impacted adults.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation.
Comment. Two individuals commented in opposition to the proposed amendments because if the changed identification requirements result in 632,000 households being unable to travel, it will result in similar spending reductions as experienced during COVID, resulting in sales tax losses from the decrease in spending.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation.
Comment. Two individuals commented in opposition to the proposed amendments because Arizona has instituted restrictions in vehicle registration, which led to Arizona losing sales tax, car dealer sales revenue, insurance stability, and consumer spending, while other surrounding states gained as Arizona residents registered their vehicles in other states. The commenter urged that Texas should not repeat this costly error.
Response. The department disagrees. The experiences of other states in this area are not necessarily directly relevant to the structures and operations in place in Texas. It is important that the identity documents for vehicle registration be valid so that people who are not legally eligible to reside in Texas are not allowed to register vehicles as Texas residents. The department does not expect a significant impact on sales tax, car dealer sales revenue, insurance stability, and consumer spending, because the department's data suggests that only 1.29% of registrants, or approximately 341,000 vehicles, are registering vehicles with foreign passports that would not meet the requirements of the rules.
Comment. One individual commented in opposition to the proposed amendments, without further elaboration.
Response. The department disagrees. It is important that the identity documents for vehicle registration be valid, so that people who are not legally eligible to reside in Texas are not allowed to register vehicles as Texas residents.
Comment. Two individuals commented in opposition to the proposed amendments because insurance companies are willing to insure motorists on the basis of foreign passports without visa or immigration documentation, so the rules would create a disparity between the requirements for insurance and the requirements for vehicle registration.
Response. The department agrees that there is a difference between insurance requirements and registration requirements. However, the business practices of insurance companies are not equivalent to the policy considerations of state government. The department disagrees with the commenters that the proposed rules should not be adopted because it is important that the identity documents for vehicle registration be valid, so that people who are not legally eligible to reside in Texas are not allowed to register vehicles as Texas residents.
Comment. One individual commented in opposition to the proposed amendments because Texas issues limited-term driver's licenses to immigrants with lawful presence that expire when the lawful presence ends, and that all professional licenses issued by the state to immigrants should similarly be termed to end when the immigrant's lawful presence ends.
Response. The department disagrees. This comment is outside the scope of this rulemaking and beyond the scope of the department's jurisdiction.
Comment. AARPTexas and four individuals commented in opposition to the proposed amendments, requesting that the proposed amendments be changed at adoption to allow a non-owner who has possession or control of a vehicle with the owner's permission to register the vehicle, and noted that this is allowed in other states.
Response. The department disagrees. Transportation Code, §502.001(31) defines "owner" for purposes of vehicle registration under §502.040 to include not only the person who holds the legal title to the vehicle, but also any person that has "the legal right of possession of a vehicle" or "the legal right of control of the vehicle." The department already allows owners to designate other people with legal rights of control or possession of the vehicle to register it. The proposed rules would not impact the definition of "owner" or the process for registration by people with legal rights of possession or control over a vehicle.
Comment. The department received comments from 82 individuals in opposition to the proposed amendments, stating that the proposed rules would prevent children from getting to school if their parents were unable to register their cars.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation, including bus services offered by public school districts.
Comment. IBAT, the Texas Bankers Association, the Texas Credit Union Association, TCUC, TIADA, the Travis County Tax Assessor-Collector, and 14 individuals commented in opposition to the proposed amendments, with concern that there had been insufficient opportunity for public input on the rules due to department's implementation of the new identification document policies through guidance to the tax assessor-collectors and dealers and by proposing a rule without a board meeting. The commenters requested that the department rescind its guidance until the rulemaking process is complete. An individual commented that the "democratically elected lawmakers" should be involved in a change of this magnitude involving private property. Another individual noted that the fast implementation had led to consumer confusion about identification requirements, and a reduction in consumer confidence with respect to car buying.
Response. The department disagrees. The department has provided the notice and opportunity for comment required by Texas Government Code, Chapter 2001, including a public hearing on January 21, 2026, to receive additional public comment and an open meeting on February 11, 2026, where the department's board will consider adoption of the proposed amendment. To propose the rule for public comment without holding a board meeting, the department relied on authority under Transportation Code §§502.0021, 502.040, and 502.043 that is vested in the department rather than the TxDMV board.
Comment. Three individuals commented in opposition to the proposed amendments because they would impact the Hispanic community that pays taxes, has car insurance, and complies with the law, but would not address undocumented immigrants driving without license plates, insurance or valid registration.
Response. The department disagrees. The identification requirements apply equally to all persons. Individuals who refuse to abide by the law are subject to criminal penalties as enforced by state and local law enforcement agencies.
Comment. TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, and two individuals commented that the federal government does not stamp passports and instead uses Form I-94.
Response. The department agrees. At adoption, additional amendments to the proposed rule language remove the stamp requirement and allow an applicant for vehicle registration to use a valid Form I-94 that is not Parole status, accompanied by a valid foreign passport.
Comment. IBAT, TACA, TIADA, TUACA, TxDPS, El Paso County, State Senator Juan "Chuy" Hinojosa, and 23 other individuals commented in opposition to the proposed amendments because the change in identification requirements would cause people who need to register vehicles but do not have acceptable identification to resort to illegal solutions, such as falsifying driver's license applications, paying third parties to register vehicles in someone else's name, or creating fraudulent registration stickers.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation. Fraud and other criminal activity are constant threats, regardless of which specific identification documents the department requires. Individuals who refuse to abide by the law are subject to criminal penalties as enforced by state and local law enforcement agencies.
Comment. One individual commented in opposition to the proposed amendments because the defined term "current photo identification" in §217.22(11), which allows photo identification that has been expired for not more than 12 months, conflicts with the requirements of the proposed new definition of "valid passport" and of the proposed amendments to §217.26(b), which require that the identification documents be unexpired. The commenter requests that §217.22(11) be amended to require a current photo identification to be unexpired.
Response. The department disagrees. The defined term "current photo identification" is not used in proposed amended §217.26(b), though it is used in proposed amended §217.26(a). This distinction is intentional, to allow leeway in expiration for the commercial, industrial and governmental registration types that fall under proposed amended §217.26(a), for which identity fraud is more difficult and less common, while tightening the identification requirements for the registrations for individual Texas residents that fall under proposed amended §217.26(b).
Comment. AARPTexas, TACA, TIADA, TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, TCUC, State Senator Juan "Chuy" Hinojosa, State Representative Christina Morales, the Travis County Tax Assessor-Collector, El Paso County, and three other individuals commented in opposition to the proposed amendments because applicants renewing their vehicle registration by mail or over the internet should not have to provide proof of unexpired identification, because it will create a risk of identity theft and fraud. TACA, TCUC, and Representative Morales commented that the requirement to provide a copy of identification will disproportionately impact out-of-state military members, the elderly, and the disabled, who may have difficulty getting access to a copier to make copy of their identification. TCUC requested that the department create a secure, centralized system to store identification information, to remove from the counties the risk of that information being compromised, and commented that the requirement to mail a copy of identification will cause more people to visit the county tax offices in person, raising costs for the counties.
Response. The department disagrees. Proposed amended §217.28 allows a registrant to provide information necessary to verify that the vehicle owner has an identification document that meets the requirements of proposed amended §217.26, as an alternative to providing the identification documents themselves. Personal identification is regularly required by businesses, social media and entertainment platforms, nonprofit organizations, community groups, and numerous other entities as a routine part of operations. However, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027. This delay will allow time for the department and tax assessor-collectors to improve systems and processes to allow for quick and efficient registration renewal with automated identification verification methods that mitigate the risk of fraud and identity theft.
Comment. One individual commented in opposition to the proposed amendments because law enforcement does not pursue violations of expired registration, and that the Texas Legislature should establish enforceable and harsh laws to address expired registration violators.
Response. The department disagrees. This comment is outside the scope of the department's rulemaking, and outside the department's jurisdiction.
Comment. One individual commented in opposition to the proposed amendments because the proposed rule amendments will make it more difficult for women and transgender individuals to vote.
Response. The department disagrees. The amendments in this rulemaking address identification requirements for vehicle registration, not voter registration. The department does not have jurisdiction over voter registration policies or operations in Texas.
Comment. Five individuals commented in opposition to the proposed amendments because immigration is a federal issue that is not within the department's jurisdiction and should be left to the federal government to address.
Response. The department disagrees. It is the department's responsibility and within the department's jurisdiction to ensure that individuals registering vehicles as Texas residents under Transportation Code §502.040 are who they say they are and have a legal right to reside in Texas.
Comment. The department received comments from 12 individuals in support of the proposed rule amendments.
Response. The department agrees.
Comment. TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, State Senator Juan "Chuy" Hinojosa, State Representative Vincent Perez, and one other individual commented in opposition to the proposed rules because the current list of identity documents required for vehicle registration under unamended §217.26(a) is sufficient to verify a buyer's identity and are appropriate for titling and registration for both Texas residents and for non-residents, because the state's primary interests in titling and registration of vehicles is the prevention of theft and the importation of stolen vehicles, and the perfection of the vehicle's security interests.
Response. The department disagrees. Titling and registration identification requirements are not identical. While the goals of vehicle titling may be those identified by the commenters, vehicle registration confers on a Texas resident the privilege of driving on Texas roads and should be limited to lawful Texas residents. The proposed amendments do not alter the identification requirements for titling purposes.
Comment. TIADA, TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, TACA, and TCUC commented in opposition to the proposed rules because there is no need to provide previously provided identification documents at registration renewal.
Response. The department disagrees. There is a need to ensure that those who registered vehicles prior to the implementation of the new identification requirements comply with the new enhanced requirements at renewal. Additionally, the department has a need to verify that the identification document is valid throughout the registration period and that the individual's status as a lawful Texas resident has not changed.
Comment. TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, State Senator Juan "Chuy" Hinojosa, and 17 individuals commented in opposition to the proposed rules because dealers are not able to verify the validity of a passport, immigration documentation, driver's license, state identification certificate, or concealed handgun license. Four individuals noted that if a dealer incorrectly evaluates the validity of a client's identification and it later turns out that the identification was invalid or fraudulent, the dealer would have to bear the burdens of retrieving vehicles from buyers, refunding fees and payments, negotiating with lenders about returning payments to the lender and titles to the dealer, negotiating with manufacturers regarding rebates, voiding plate assignments, getting bonded titles if the evidence of ownership had been stamped "surrendered," and defending themselves from allegations that they violated state law by failing to transfer ownership timely. The individual stated that dealers would be tempted to engage in illegal actions, such as processing sales to Texas residents as "out of state" to avoid registration requirements and not collecting sales taxes on those sales, which would leave the dealer open to legal liability or disciplinary action on their license by the department.
Response. The department disagrees. The state understands that dealers processing vehicle registration transactions are not experts in identifying fraudulent or counterfeit documents. Identifying professionally counterfeited documents is the purview of law enforcement; the standard for daily government transactions has always been a good faith, common sense effort. Workers who deal with these documents on a daily basis develop a sense for how they look and feel. If issues are identified in the future, the department will work with the county or dealer to identify correctable errors in process and educate their staff on how to improve their processes to comply with state regulations.
Comment. AARPTexas, TACA, TIADA, TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, and NTXAD and nine individuals commented in opposition to the proposed rules because the department should not require the driver's license or state identification certificate to comply with REAL ID. The commenters noted that other entities, such as TSA, accept other forms of identification. TIADA, AARPTexas, and three individuals commented that many people who are legally present in the United States, including United States citizens, have driver's licenses and identification cards that are not REAL ID-compliant. Another individual noted that the banking, insurance or healthcare industries are not requiring REAL ID, so the proposed rules would create a disproportionate impact on the automotive financing industry. TIADA commented that the REAL ID requirement could result in people registering vehicles in states other than Texas. One dealer noted that 5% of its customers who completed a purchase did not have REAL ID-compliant identification despite being United States citizens and requested that the proposed rules be amended at adoption to allow a person with state identification document that does not comply with REAL ID to present their valid social security number along with the state identification.
Response. The department agrees. At adoption, additional amendments added the following identification documents for vehicle registration: (1) a driver's license or state-issued identification certificate that does not comply with the requirements of REAL ID if it was issued by a state that requires proof of legal presence, and (2) a United States birth certificate, United States Certificate of Naturalization (N-550 or N-570), or a United States Certificate of Citizenship (N-560 or N-561) accompanied by a driver's license or identification certificate issued to by a state that does not require proof of legal presence for identification issuance.
Comment. State Senator Juan "Chuy" Hinojosa, State Senator Molly Cook, State Representative Terry Canales, State Representative Vincent Perez, and 12 other commenters opposed the proposed amendments because owning a vehicle in Texas is a necessity to get to work, school, medical appointments, or to participate in daily life. One commenter stated that preventing immigrants from registering vehicles was akin to preventing immigrants from purchasing food or shelter, because people need transportation to survive.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation.
Comment. TUACA, WDAF, State Representative Terry Canales, State Representative Christina Morales, the Bexar County Tax Assessor-Collector, El Paso County, and 12 individuals commented in opposition to the proposed amendments because the increased documentation requirements in the proposed rule amendments would reduce registration compliance and result in more unregistered vehicles on Texas roads.
Response. The department disagrees. Under the proposed amendments, all Texas residents are still required by statute to register their vehicles and are still subject to being pulled over and cited by law enforcement if they fail to register a vehicle.
Comment. Two individuals commented in opposition to the proposed amendments because the proposed identification requirements may increase administrative and enforcement burdens on both the department and law enforcement.
Response. The department disagrees. The rules prior to the proposed amendments required identification to register a vehicle, and law enforcement already enforces penalties for expired registrations.
Comment. The department received comments from 17 individuals in opposition to the proposed amendments because dealers should not be in the position of evaluating a customer's immigration status.
Response. The department disagrees. Dealers have a statutory obligation under Transportation Code, §520.0055 to submit a title and registration application in the name of the vehicle purchaser, so dealers must ensure that their customers can fulfill the application requirements for vehicle registration.
Comment. Two individuals commented in opposition to the proposed rules, requesting that the department limit the new identification requirements only to new registrations, and not require identification at renewal because the department has not historically required identification for registration renewal.
Response. The department disagrees. Allowing registration renewal without identification would enable unqualified persons and identity fraudsters who have registered vehicles under the previous identification requirements to continue registering their vehicles.
Comment. One individual commented in opposition to the proposed rules because immigration status does not make a person into a more dangerous driver.
Response. The department agrees that being an immigrant does not make a person a dangerous driver. However, the proposed rules are not based on the dangerousness of drivers, but instead on insuring that the vehicle registrants have a legal right to reside in Texas and are presenting valid identification. The department disagrees that the proposed rules, as amended, should not be adopted.
Comment. One individual commented in support of the proposed rules and stated that resistance to the proposed rules from dealers comes primarily from dealers who rely on questionable business and sales practices.
Response. The department agrees that the proposed rules should be adopted. The department does not have any evidence to question categorically the business practices of dealers making public comments in opposition to the proposed rules.
Comment. One individual commented support of the proposed rule because while unsafe driving is not limited to illegal immigrants, they are more likely to have difficulty obtaining insurance, are more likely to leave the scene of an accident, and more likely to drive without a license.
Response. The department agrees that the amendments should be adopted. The department does not have any data to suggest that immigrants are more likely to have difficulty obtaining insurance, are more likely to leave the scene of an accident or are more likely to drive without a license.
Comment. Four individuals commented in opposition to the proposed rules because the proposed rule amendments would create more traffic stops and escalate conflicts between law enforcement and the public. One individual commented that the proposed rules would give cover to racial profiling by law enforcement in traffic stops.
Response. The department disagrees. Law enforcement already enforces penalties for expired registrations. The department is not aware of any data that suggests the proposed amendments would lead to an increase in traffic stops.
Comment. Three individuals commented in opposition to the proposed amendments, and requested that the department amend the proposed rule at adoption to allow foreign passports accompanied by valid I-94 documents as identification for vehicle registration, so that Canadian "winter Texans" would be able to register vehicles.
Response. The department agrees. Amendments at adoption to §217.22(46) allow an applicant for registrant to use a foreign passport with a valid I-94 that does not indicate Parole status.
Comment. TIADA, the Travis County Tax Assessor-Collector, State Senator Juan "Chuy" Hinojosa, State Representative Christina Morales, and two other individuals commented in opposition to the proposed amendments because requiring tax assessor-collectors to review mailed-in identification documents for registration renewal is an unfunded mandate that county offices will have to fulfill using limited staff and budgets.
Response. The department disagrees. County funding and budget decisions are local determinations outside the scope of this rule proposal. However, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027, to allow the department and tax assessor-collectors time to improve systems and processes to allow for quick and efficient registration renewal with automated identification verification methods that mitigate the risk of fraud and identity theft.
Comment. TACA, TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, TIADA, Every Texan, TCUC, the Bexar County Tax Assessor-Collector, State Representative Christina Morales, and one individual commented in opposition to the proposed amendments because county tax office staff cannot verify personal identification documents from photocopies, and that the rule should specify the means of verification for consistent outcomes across counties. The commenters stated that county staff are not trained and have no expertise in identifying fraudulent documents, which will create an avenue for fraud by individuals presenting fake identification documents and will create inconsistency between how counties determine document validity. One commenter stated that requiring county staff to determine whether identification documents are valid will increase wait time in tax offices and decrease efficiency. TADA, HADA, NCDWT, SAADA, EPNCDA, VADA, AADA, NTXAD, and TCUC requested that only law enforcement be responsible for determining the validity of personal identification documents. TACA and TCUC requested that an automated means of verification be built into the department's Registration and Titling System as the department has done for insurance and inspections. One individual commenter requested that the department publish training for counties on how to determine whether personal identification documents meet the requirements of the amended rules, and should specify for online renewals what data elements are required to verify identification, how the county verifies those elements, what documents must be uploaded, document retention and information security standards, and alternate pathways for those who are unable to renew online.
Response. The department disagrees. The state understands that county employees processing vehicle registration transactions are not experts in identifying fraudulent or counterfeit documents. Identifying professionally counterfeited documents is the purview of law enforcement; the standard for daily government transactions has always been a good faith, common sense effort. Workers who deal with these documents on a daily basis develop a sense for how they look and feel. If issues are identified in the future, the department will work with the county or dealer to identify correctable errors in process and educate their staff on how to improve their processes to comply with state regulations. Additionally, proposed amended §217.28 allows a registrant to provide information necessary to verify that the vehicle owner has an identification document that meets the requirements of proposed amended §217.26, as an alternative to providing the identification documents themselves. Individuals who are unable or unwilling to send the documents necessary for registration or renewal by mail or online can bring their registration applications to county tax assessor-collectors in person for processing.
Comment. TIADA and two individuals commented in opposition to the proposed amendments, requesting a more thorough fiscal and economic impact analysis that accounts for reduced registration renewal rates, fiscal impact on counties, collateral impairment for lenders on vehicles owned by people who can no longer register them, and reduced registration and titling in Texas by people who do not have REAL ID. One individual requested an economic impact analysis to assess the impacts of the proposed rules on border-region employment and financial institutions. Another individual requested that the department conduct a study of the potential impact of the proposed amendments on property ownership and revisit its analysis of the economic impact on small and micro-businesses, rural communities, and the overall economy.
Response. The department disagrees. The department's data suggests that only 1.29% of registrants are registering vehicles with foreign passports that may not meet the requirements of the proposed new rules. The costs to comply with the proposed rules are at most $165 to attain a United States passport, and less to obtain a state identification document. The department therefore believes the proposed rules will not have a material impact on any single entity or system affected by the change.
Comment. WDAF and eight individuals commented in opposition to the proposed amendments because the proposed rules would create unnecessary stress, fear, and financial strain for families who are already navigating economic uncertainty, and make it more difficult for these people to work and care for their families.
Response. The department disagrees. The costs to comply with the proposed rules are at most $165 to attain a United States passport, and less to obtain a state identification document. Under Transportation Code, §502.040, people who are not legally eligible to reside in Texas are not authorized to register vehicles as Texas residents.
Comment. State Representative Christina Morales and two other individuals commented that the proposed rules would prevent Texans from having vehicles to attend to their medical needs.
Response. The department disagrees. Individuals that are unable to register vehicles are still able to use other forms of transportation, including emergency transportation services.
Comment. TACA, TCUC, the Travis County Tax Assessor-Collector, the Bexar County Tax Assessor-Collector, El Paso County, and one individual commented in opposition to the proposed amendments because requiring people who renew their registration by mail to send in identification documents will cause counties to incur additional costs. The commenters noted that counties will have to pay for costs to return the renewal paperwork to the applicant by mail if an applicant does not include adequate identification documents. The commenters stated that the counties' reimbursement of $2.30 per registration renewal is already not sufficient to cover the actual cost of processing registrations, and will be further diminished by these increased costs associated with identification requirements at renewal. TCUC stated that these increased costs could lead to an increase in property taxes to cover the costs. Additionally, both TACA and State Senator Juan "Chuy" Hinojosa commented in opposition to the proposed amendments because counties will not be able to use their Rapid Processing Systems efficiently, because the applicant's identification information will have to be input manually, creating a large increase in employee work time for renewal processing.
Response. The department disagrees. Proposed amended §217.28 allows a registrant to provide information necessary to verify that the vehicle owner has an identification document that meets the requirements of proposed amended §217.26, as an alternative to providing the identification documents themselves. The department will work with the tax assessor-collectors to revise the registration renewal letters to ensure that the identification requirements are clear so as to avoid returned mail. To further mitigate the tax assessor-collectors' concerns, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027. This delay will allow time for the department and tax assessor-collectors to improve systems and processes to allow for quick and efficient registration renewal with automated identification verification methods that mitigate the risk of fraud and identity theft.
Comment. AARPTexas and five individuals commented in opposition to the proposed amendments because the difficulty and delay currently involved in getting driver's license appointments with TxDPS will cause people to be unable to register their vehicles through no fault of their own.
Response. The department disagrees. Every driver in Texas has a legal obligation to keep their driver's license or state identification certificate valid. The department does not have jurisdiction over driver's license programs, which are administered by TxDPS.
Comment. The Webb County Tax Assessor-Collector commented in opposition to the proposed amendments because they would restrict or limit the ability of vehicle owners to secure proper title and registration for their vehicles.
Response. The department disagrees. The amendments do not impact the identification requirements for vehicle titling. For vehicle registration, the amendments only restrict vehicle owners' access to vehicle registration as appropriate to ensure that the owner's identity can be confirmed and that people who are not legally eligible to reside in Texas are not allowed to register vehicles as Texas residents.
Comment. Three individuals commented in opposition to the proposed rules, and requested that the department should accept more types of personal identification documents, including foreign passports, consular IDs, ITIN documentation, and other secure forms of identification. The Webb County Tax Assessor-Collector commented that tax assessor-collectors should have authority to accept foreign passports if they are accompanied by a government employee identification issued by the United States Government.
Response. The department disagrees. These forms of identification are not sufficient to provide proof that a person is legally eligible to reside in Texas.
Comment. One individual commented in opposition to the proposed amendments and requested that implementation of the new identification requirements be delayed in border regions.
Response. The department disagrees. People who are not legally eligible to reside in Texas should not be allowed to register vehicles as Texas residents, regardless of where they live in Texas.
Comment. One individual commented in opposition to the proposed amendments and requested that the department provide materials and assistance in Spanish.
Response. The department agrees that Spanish translations are helpful and provides Spanish translations of many communications, materials and trainings when necessary to properly communicate information consistently throughout the state. The department disagrees that the proposed rules should not be adopted.
Comment. One individual commented in opposition to the proposed amendments because the department should charge a higher fee to issue registration for individuals with foreign passports, expired driver's licenses or other forms of identification, and use the funds for Texas roads, establishing a fraud division within the department, to target fraudulent online vehicle sales, or to develop a database with vehicle identification data.
Response. The department disagrees. People who cannot prove their identity through verifiable documents or are not legally eligible to reside in Texas should not be allowed to register vehicles in Texas, no matter how much they are willing to pay.
Comment. Texas State Representative Armando Walle, State Representative Christina Morales, the Travis County Tax Assessor-Collector, the Dallas County Tax Assessor-Collector, TACA, TUACA, and three individuals commented in opposition to the proposed rules and requested that the department withdraw the proposed identification requirements until after the upcoming 90th Legislative Session.
Response. The department disagrees. Under Transportation Code, §502.040, people who are not legally eligible to reside in Texas should not be allowed to register vehicles as Texas residents. Knowing that there are potential issues with the existing process, the department must take action to prevent people from registering their vehicles if they are not legally eligible to reside in Texas in accordance with state law. The department will implement any changes to law the legislature chooses to enact during a future session.
Comment. One individual commented in opposition to the proposed rules because Florida has implemented similar identification documentation requirements, but that it only resulted in operational gridlock in the form of widespread transaction delays, dealer backlogs, confusion among tax collectors, and post-implementation revisions to the rules. The commenter stated that Florida's experience demonstrates that rigid identification requirements disproportionately affect lawful consumers and small businesses without meaningfully improving enforcement outcomes.
Response. The department disagrees. The experiences of other states in this area are not necessarily directly relevant to the structures and operations in place in Texas. However, in response to stakeholder feedback, amendments at adoption to §217.26(b) allow more types of identification documentation for vehicle registration. People who cannot prove their identity through verifiable documents or are not legally eligible to reside in Texas should not be allowed to register vehicles in Texas, even if the new identification requirements make the registration process less efficient.
Comment. One individual commented in opposition to the proposed amendments because the cost of obtaining a REAL ID-compliant identification for those that do not have one would be an additional tax on top of the registration fees. Another commenter stated that the costs to obtain a REAL ID-compliant identification include lost work time required to visit TxDPS offices, lost transportation, costs of expired registration, and costs to repeatedly visit county offices due to inconsistent interpretation.
Response. The department disagrees. Amendments at adoption to §217.26(b) provide alternatives to a REAL ID, including any driver's license or state identification certificate from a state that verifies legal presence to issue identification, and a driver's license or state identification card accompanied by a United States birth certificate, United States Certificate of Naturalization (N-550 or N-570), or a United States Certificate of Citizenship (N-560 or N-561). These amendments will allow more people to use their current identification documents without any cost to attain new or additional documents. The costs to acquire an identification allowed under the amended rules are offset by the need to prevent people who cannot prove their identity through verifiable documents or are not legally eligible to reside in Texas from registering vehicles in Texas.
Comment. Two individuals commented in opposition to the proposed amendments because law enforcement could use automated license plate readers to identify every vehicle without registration to charge legal residents with unregistered vehicle fees and fines, which could cause economically disadvantaged people to struggle financially.
Response. The department disagrees. The department does not have jurisdiction over law enforcement, its use of license plate readers, or the imposition of criminal penalties. Law enforcement already enforces penalties against unregistered vehicles, regardless of the proposed rule amendments.
Comment. One individual commented in opposition to the proposed amendments, and noted that proposed §217.26(c) states that if a motor vehicle is titled in more than one name, only one of the named owners must show identification for registration. The commenter asked that the department confirm that this applies to registration renewal.
Response. The department agrees that under the proposed amendments to §217.26(c), §217.28, and §217.29, only one owner of a car titled to multiple people must provide identification for registration, whether at initial application or upon renewal. The department disagrees that the proposed rules should not be adopted.
Comment. TACA commented in opposition to the proposed rules because under the proposed amendments, government- and business-owned vehicles will no longer be able to renew vehicle registrations online, which TACA believes will increase traffic into county tax offices.
Response. The department agrees. Amendments at adoption to §217.29 exempt from the requirement to show personal identification at renewal commercial vehicle registrations, rental trailer registrations, registrations of vehicles with forestry license plates, registrations of commercial fleet vehicles under Transportation Code, §502.0023, and registrations of trailers under Transportation Code, §502.0024. Amendments at adoption also create exceptions for apportioned registration under the International Registration Plan, exempt vehicles, and off-highway vehicles owned by states, counties or municipalities. These amendments allow the government- and business-owned vehicles described above to use the department's existing online systems to renew vehicle registration without having to show identification at renewal. Additionally, the department has delayed the effective date of §217.28 and §217.29 to January 1, 2027, to allow the department and tax assessor-collectors time to improve systems and processes to allow for quick and efficient registration renewal.
Comment. The Webb County Tax Assessor-Collector commented in opposition to the proposed rules, stating that the proposed rule changes amounted to a governmental taking without due process.
Response. The department disagrees. The proposed changes have not altered any of the rules regarding vehicle titling, so people can still own and sell vehicles by acquiring title or transferring title to vehicles without any change to the required personal identification for those transactions. Moreover, the registration requirements do not prevent Texas residents from registering their vehicles, so long as they are legally authorized to live in Texas. Individuals who are not legally authorized to live in Texas will still be able to own and export vehicles without any changes.
Comment. Texas State Representative Vincent Perez, the Travis County Tax Assessor-Collector, TADA, and two individuals commented in opposition to the proposed rules because the department had misinterpreted Transportation Code, §502.040, which only uses the word "resident" and not "legal resident," and therefore had exceeded its statutory authority.
Response. The department disagrees. The department has the authority to determine by rule the personal identification required for vehicle registration under Transportation Code, §502.040, the authority to make rules to prescribe the required information that an applicant for vehicle registration must submit, including current personal identification as determined by the department in rule under Transportation Code, §502.043, and the authority under Transportation Code, §502.0021 to adopt any rules necessary to administer Transportation Code, Chapter 502.
Comment. Texas State Representative Vincent Perez, the Bexar County Tax Assessor-Collector, and one individual commented in opposition to the proposed rules because while the department says the rule amendments are necessary to address fraud, it has not shown any data to show significant levels of fraud or to support the assumption that people who are not legally present in Texas are more likely to commit fraud. The commenters stated that rulemaking should be based on data, not assumptions.
Response. The department disagrees that the rulemaking is intended to address fraud by undocumented immigrants. Instead, the rulemaking is intended to prevent people who are not legally present in Texas from registering vehicles in Texas as Texas residents, and separately, to address the potential for fraud caused by expired or unsubstantiated personal identification documents.
Comment. One individual commented in opposition to the proposed rules because farm equipment should not be subject to the proposed new personal identification requirements.
Response. The department agrees. An amendment at adoption exempts vehicle registrations under Transportation Code, §502.146 (Certain Farm Vehicles and Drilling and Construction Equipment) from the new personal identification requirements under adopted amended §217.26(b), so that those registrants only have to provide one of the types of identification listed in adopted amended §217.26(a).
Comment: One individual commented in opposition to the proposed rules because undocumented immigrants are not criminals.
Response: The department disagrees. This rulemaking is not intended to address crime by undocumented immigrants. Instead, the rulemaking is intended to prevent people who are not legally present in Texas from registering vehicles in Texas as Texas residents, and separately, to address the potential for fraud caused by expired or unsubstantiated personal identification documents.
43 TAC §217.22, §217.26STATUTORY AUTHORITY. The Texas Department of Motor Vehicles (department) adopts amendments to §217.22 and §217.26, 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; 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; Transportation Code, §504.0011, which authorizes the Board of the Texas Department of Motor Vehicles (board) to adopt rules to implement and administer Transportation Code, Chapter 504; Transportation Code, §551.302, which authorizes the department to adopt rules relating to the registration and issuance of license plates to neighborhood electric vehicles; 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 the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.
CROSS REFERENCE TO STATUTE. Transportation Code, §551.302 and Chapters 502, 504 and 1002; Business and Commerce Code, Chapter 507.
§217.22.
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) REAL ID--The minimum document requirements and issuance standards for federal recognition under the REAL ID Act of 2005, Public Law 109-13.
(35) 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.
(36) 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).
(37) 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.
(38) Service agreement--A contractual agreement that allows individuals or businesses to access the department's vehicle registration records.
(39) Specialty license plate--A special design license plate issued by the department.
(40) 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.
(41) 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.
(42) 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.
(43) 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.
(44) 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) United States birth certificate--An original or certified copy of a birth certificate issued by the appropriate vital statistics agency of a United States state, territory, or the District of Columbia indicating birth in the United States; or an original or a certified copy of a United States government-issued document indicating birth of a child born abroad to a United States citizen, including a Consular Report of Birth or Department of State Certification of Birth issued to a U.S. Citizen born abroad (FS 240, DS-1350, or FS 545).
(46) Valid passport--
(A) An unexpired passport or passport card issued by the United States government; or
(B) An unexpired passport issued by the government of another country accompanied by one of the following documents issued by the United States Department of Homeland Security:
(i) Form I-94, unless the Form I-94 shows that the bearer only has Parole status;
(ii) a current permanent resident card; or
(iii) an unexpired immigrant visa issued by the United States Department of Homeland Security.
(47) Vehicle classification--The grouping of vehicles in categories for the purpose of registration, based on design, carrying capacity, or use.
(48) Vehicle description--Information regarding a specific vehicle, including, but not limited to, the vehicle make, model year, body style, and vehicle identification number.
(49) 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.
(50) 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.
(51) 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.
(52) Volunteer fire department--An association that is organized for the purpose of answering fire alarms, extinguishing fires, and providing emergency medical services.
§217.26.
(a) Except as stated in subsections (b), (c), (g) and (h) of this section, an application for initial registration - including registration under Transportation Code, Chapter 502, Subchapters C or I; §502.146; a registration under §217.66 of this title (relating to Specialized License Plate for Registration of Rental Trailers); or a commercial vehicle registration under §217.46(b) of this title (relating to Commercial Vehicle 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.
(b) Except as stated in subsections (c), (g) and (h) of this section, - an application for initial registration under Transportation Code, Chapter 502- other than registration under Subchapters C or I of Chapter 502; §502.146; a registration under §217.66 of this title (relating to Specialized License Plate for Registration of Rental Trailers); or a commercial vehicle registration under §217.46(b) of this title (relating to Commercial Vehicle Registration) - is not acceptable unless the applicant presents one of the following for the owner of the vehicle:
(1) a valid, unexpired driver's license or state identification certificate that complies with REAL ID and is not marked "limited term" or "temporary," issued by a state or territory of the United States;
(2) a valid, unexpired driver's license or state identification certificate issued by a state that issues driver's licenses and state identification certificates only to individuals who are legally present in the United States;
(3) a valid, unexpired driver's license or state identification certificate issued by a state or territory of the United States, accompanied by a United States birth certificate, United States Certificate of Naturalization (N-550 or N-570), or a United States Certificate of Citizenship (N-560 or N-561);
(4) a valid passport; or
(5) a valid, unexpired license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H.
(c) If the motor vehicle is titled in:
(1) more than one name, then the identification of one owner under subsections (a), (b), or (c)(2) - (4) of this section, as applicable, 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 subsection (a) of this section, of the lessee listed as the registrant; or
(ii) a current photo identification, required under subsection (a) of 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 subsection (a) of this section, of a trustee, or authorized trustee representative if the trustee is a legal entity, 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 subsection (a) 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) 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) 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) 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) This section does not apply to non-titled vehicles.
(h) This section does not apply to:
(1) apportioned registration under the International Registration Plan;
(2) exempt vehicle registration under Transportation Code, Chapter 502, Subchapter J, or Transportation Code, §502.0025; or
(3) registration of off-highway vehicles owned by the state, a county, or a municipality under Transportation Code §502.140(c).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 13, 2026.
TRD-202600662
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: March 5, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 465-4160
43 TAC §217.28
STATUTORY AUTHORITY. The Texas Department of Motor Vehicles (department) adopts amendments to §217.28 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; 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; Transportation Code, §504.0011, which authorizes the Board of the Texas Department of Motor Vehicles (board) to adopt rules to implement and administer Transportation Code, Chapter 504; Transportation Code, §551.302, which authorizes the department to adopt rules relating to the registration and issuance of license plates to neighborhood electric vehicles; 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 the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.
CROSS REFERENCE TO STATUTE. Transportation Code, §551.302 and Chapters 502, 504 and 1002; Business and Commerce Code, Chapter 507.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 13, 2026.
TRD-202600663
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2027
Proposal publication date: December 5, 2025
For further information, please call: (512) 465-4160
43 TAC §217.29
STATUTORY AUTHORITY. The Texas Department of Motor Vehicles (department) adopts amendments to §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; 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; Transportation Code, §504.0011, which authorizes the Board of the Texas Department of Motor Vehicles (board) to adopt rules to implement and administer Transportation Code, Chapter 504; Transportation Code, §551.302, which authorizes the department to adopt rules relating to the registration and issuance of license plates to neighborhood electric vehicles; 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 the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.
CROSS REFERENCE TO STATUTE. Transportation Code, §551.302 and Chapters 502, 504 and 1002; Business and Commerce Code, Chapter 507.
§217.29.
(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;
(2) 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), unless the vehicle owner is renewing a registration under §217.66 of this title (relating to Specialized License Plate for Registration of Rental Trailers), §217.46(b)(5) of this title (relating to Commercial Vehicle Registration) regarding a forestry vehicle license plate, and Transportation Code, §§502.0023 and 502.0024;
(3) vehicle information, including the license plate number of the vehicle to be registered;
(4) 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;
(5) 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
(6) 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;
(4) verify that the vehicle owner's personal identification document meets the applicable requirements of §217.26;
(5) communicate with the third-party vendor and applicants via email, regular mail, or other means, as specified by the director;
(6) reject applications that do not meet all requirements set forth in this chapter, and in Transportation Code, Chapter 502; and
(7) 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 adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 13, 2026.
TRD-202600664
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2027
Proposal publication date: December 5, 2025
For further information, please call: (512) 465-4160