The Texas Department of Motor Vehicles (department) adopts the repeal of §217.26, Golf Carts, amendments to §217.2, Definitions, §217.21, Definitions, §217.23, Temporary Registration Permits, §217.24, Disabled Person License Plates and Identification Placards, §217.28, Specialty License Plates, Symbols, Tabs, and Other Devices, §217.29, Vehicle Registration Renewal via the Internet, §217.30, Commercial Vehicle Registration, §217.31, Vehicle Emissions Enforcement System, §217.37, Equipment and Vehicles Within Road Construction Projects, §217.39, Water Well Drilling Vehicles, §217.40, Marketing of Specialty License Plates through a Private Vendor, §217.41, Removal of License Plates and Registration Insignia upon Sale of Motor Vehicle, §217.42, Registration of Fleet Vehicles, §217.43, Exempt and Alias Vehicle Registration, §217.53, Automated Vehicle Registration and Certificate of Title System, and §217.54, Automated Equipment, and new §217.26, Military Specialty License Plates, all relating to Vehicle Titles and Registration. The amendments to §217.30 and §217.43 are adopted with changes to the proposed text as published in the May 18, 2012, issue of the Texas Register (37 TexReg 3706) and will be republished. The amendments to §§217.2, 217.21, 217.23, 217.24, 217.28, 217.29, 217.31, 217.37, 217.39 - 217.42, 217.53, and 217.54 and the repeal and replacement of §217.26 are adopted without changes and will not be republished. The amendments to §217.3 and §217.22 proposed in the May 18, 2012, issue were withdrawn on June 18, 2012, and re-proposed in the June 29, 2012, issue of the Texas Register (37 TexReg 4834).

EXPLANATION OF ADOPTED REPEAL, AMENDMENTS AND NEW SECTION

The adopted repeal, amendments and new section are necessary to comply with the requirements of House Bill (HB) 2357, 82nd Legislature, Regular Session, 2011, which reorganized Transportation Code, Chapters 501, 502, 504, and 520, the motor vehicle statutes, including updating them to reflect automation capability in systems and payment. Many contain amendments that update citation changes made due to the reorganization. Throughout the rules "certificate of title" has been replaced with "title" in accordance with HB 2357 simplification.

In addition, Senate Bill 461, 82nd Legislature, Regular Session, 2011, added United States Paratrooper specialty license plates, HB 3580 and HB 2357, 82nd Legislature, Regular Session, 2011, added Surviving Spouses of Disabled Veterans specialty license plates, HB 1178, 82nd Legislature, Regular Session, 2011, added Woman Veteran specialty license plates, HB 191, 82nd Legislature, Regular Session, 2011, added Distinguished Service Medal specialty license plates, and HB 559, 82nd Legislature, Regular Session, 2011, added Bronze Star Medal and Bronze Star Medal with Valor specialty license plates.

Subchapter A is renamed "Motor Vehicle Titles" from "Motor Vehicle Certificates of Title".

Section 217.26, Golf Carts, is repealed because the department issues a very limited amount of golf cart plates and the eligibility for these plates is clearly stated in Transportation Code, §504.510.

Section 217.2 is amended to delete definitions contained in Transportation Code, §501.002.

Section 217.21 is amended to delete definitions contained in Transportation Code, §502.001, and to update definitions to correspond with changes in §502.001. The definition of "bus" is added to help clarify between a private and a public bus, and the definition of "nominating state agency" is added to clarify what type of entity may ask for a specialty plate.

Section 217.23 is renamed "Special Registration Permits" from "Temporary Registration Permits" to include more types of permits. Citations are updated throughout the section. The references to a manufacturer's rated carrying capacity of one ton is changed throughout to a gross weight of 10,000 pounds to correspond with HB 2357 which changed the terminology to correlate with the terminology used by Texas Department of Public Safety.

Section 217.24(c) amendments remove a duplicate reference to podiatrist, as it pertains to presenting evidence for a disabled plate or placard. In addition, HB 2357 removed the restrictions for a prescription written by a licensed registered nurse or physician assistant to only be effective in a county with a population of 125,000 or less. A licensed registered nurse or physician assistant can write a prescription for a disabled plate or placard regardless of the population.

New §217.26, Military Specialty License Plates, removes the military plate portion from §217.28 to its own section for ease of reference. The content of the section remains the same except that HB 2357 added four license plates. The Bronze Star, Bronze Star with Valor, and Distinguished Service Medal are added as meritorious service plates in accordance with HB 191 and HB 559. There are no fees for the first set of meritorious service plates. In accordance with HB 3580 and HB 2357, the surviving spouse of a Disabled Veteran may apply for one Surviving Spouse Disabled Veteran specialty license plate. If the Disabled Veteran license plates were issued to the veteran prior to the time of death, and the surviving spouse remains unmarried, there is no fee for the Surviving Spouse Disabled Veteran specialty license plate; however, registration fees and other applicable fees apply. SB 461 added United States Paratrooper and HB 1178 added Women Veteran as specialty license plates issued to members or former members of the U.S. Armed Forces.

In accordance with HB 2357, the word "Honorably Discharged" may be placed on the applicable plate if the applicant is a former member of the U.S. Air Force, Army, Coast Guard, Marine Corps, or Navy.

Section 217.28 is amended to delete references to military license plates which are moved to new §217.26. Separate references to the Legion of Merit plates have been removed since the fee has been incorporated into Chapter 504. Because HB 2357 deleted Parade license plates, they are deleted from the section. Classic Travel Trailer, Custom Vehicles, and Street Rods specialty plates are added to subsection (c)(2). Classic Travel Trailer has been divided from Classic Motor Vehicles, and Custom Vehicles and Street Rod plates were added by HB 890, 82nd Legislature, Regular Session, 2011. In order to avoid duplicate plates, Classic Motor Vehicle, Travel Trailer, Street Rod, and Exhibition Vehicle plates will not be issued an alpha numeric pattern if the pattern is already in use on another vehicle. Subsection (c)(3) clarifies that only one plate is issued for rental and travel trailers. Subsection (c)(8) explains the department issues the plate numbers, not the executive director.

In subsection (d), the five-year registration period for foreign organization license plates is changed to seven years in accordance with HB 2357. Information regarding specialty plates created through the request of a sponsoring entity has been removed from subsection (g), including eligibility and fees, because the statute is specific.

Citations are updated in §217.29 and §217.30. The one-ton language is converted to gross weight in excess of 10,000 pounds in §217.30.

Section 217.30(b)(3)(A), regarding combination license plates, is modified from requiring a truck or truck tractor with a gross weight in excess of 10,000 pounds used or to be used in combination with a semitrailer having a gross weight in excess of 6,000 pounds to be registered with combination license plates to make the plates permissive. The rule was more restrictive than Transportation Code, §502.255. Under the statute, the carrier has the option to either register with combination license plates and token trailer or truck plates with trailer plates. The fee is based on gross weight so there is no fee differential.

Citations are updated in §217.31.

In §217.37 and §217.39, the fee for machinery license plates and water well drilling vehicles is reduced from $5.30 to $5 in accordance with HB 2553, 81st Legislative Session, 2009, which was effective September 1, 2011.

Citations are updated in §217.40 and §217.41. The one-ton language is converted to gross weight in excess of 10,000 pounds in §217.41.

In §217.42, citations are updated and trailers and semi-trailers are added as vehicles that may be registered as fleet vehicles. HB 2357 also authorized the department to allot credit for any vehicle removed from the fleet for the remaining full year increment in accordance with HB 2357.

Citations are updated in §217.43. Adopted §217.43(a)(2)(B)(iii) updates the name of the agency from "Texas Board of Health" to "Department of State Health Services".

Section 217.53 is renamed "Automated Vehicle Registration and Title System" from "Automated Vehicle Registration and Certificate of Title System".

Sections 217.53 and 217.54 are amended, in accordance with HB 2357, to reflect that the automated registration and title is now funded by the $1 fee in all counties.

COMMENTS

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

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §1002.001, which provides the Board of the Texas Department of Motor Vehicles with the authority to establish rules for the conduct of the work of the department, and Transportation Code, §§501.0041, 502.0021, 504.0011, and 520.003, which provide the Board of the Texas Department of Motor Vehicles with the authority to establish rules for each respective chapter of the Transportation Code.

CROSS REFERENCE TO STATUTE

Transportation Code, §§501.002, 501.006, 502.001, 502.046 - 502.047, 502.056 - 502.057, 502.059 - 502.060, 502.093 - 502.095, 502.146, 502.252 - 502.255, 502.451 - 502.456, 502.491 - 502.492, 504.002, 504.005 - 504.0051, 504.007 - 504.008, 504.201 - 504.202, 504.301, 504.3011, 504.307, 504.315, 504.317 (82nd Leg., Ch. 1296, §183), 504.317 (82nd Leg., Ch. 1281, §4), 504.400 - 504.406, 504.4061, 504.503, 504.516, 504.90, and 520.004.