The Texas Department of Motor Vehicles (department) adopts amendments to Chapter 217, Vehicle Titles and Registration, Subchapter A, Motor Vehicle Titles, §217.3, Motor Vehicle Titles, and §217.4, Initial Application for Title; and Subchapter D, Non-repairable and Salvage Motor Vehicles, §217.82, Definitions, and §217.84, Application for Non-repairable or Salvage Vehicle Title. Sections 217.4, 217.82, and 217.84 are adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4596). These rules will not be republished. Section 217.3 is adopted with changes to published text and will be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Amendments to §217.3 update the maximum width and length for a travel trailer as authorized by Senate Bill (SB) 2076, 85th Legislature, Regular Session, 2017, which was effective September 1, 2017. An amendment also clarifies that if a trailer or semitrailer having a gross weight of 4,000 pounds or less has been titled previously, it must be titled by any subsequent owner.

Proposed amendments to §217.3(4)(C)(i) updated the maximum width and length for manufactured homes, which are defined in Occupations Code, §1201.003(12). This proposed amendment is incorrect and in conflict with the statute. On further review, clause (i) is unnecessary and inconsistent with the purpose of the subparagraph. As such, this amendment will be adopted with changes by deleting §217.3(4)(C)(i) and re-numbering the succeeding clauses. This amendment makes no substantive changes.

Amendments to §217.4 implement a portion of SB 2076 regarding place of application for title when motor vehicle ownership is transferred and the county tax assessor-collector's office of the county in which the owner resides is closed or may be closed for a protracted period of time as defined by the department.

Amendments to §217.82(13) define a nonrepairable motor vehicle by reference to the statutory definition.

Amendments to §217.84(b)(2) implement a portion of SB 2076 regarding the description of a motor vehicle included in an application for a nonrepairable or salvage vehicle title. Amendments to §217.84(b) also delete the paragraph (7) language because the information is no longer necessary in an application for a nonrepairable or salvage vehicle title and renumber the remaining paragraphs accordingly.

Other amendments update the references to "nonrepairable" motor vehicles to be consistent with statute by deleting the unnecessary hyphen.

COMMENTS

No comments on the proposed amendments were received.

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 adopt rules that are necessary and appropriate to implement the powers and the duties of the department under the Transportation Code; and more specifically, Transportation Code, §501.0041, which provides the department may adopt rules to administer Transportation Code, Chapter 501, Certificate of Title Act.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 501 and 502.