INTRODUCTION. The Texas Department of Motor Vehicles adopts amendments to 43 TAC §217.3 concerning motor vehicle titles. The amended section removes the reference to the list of certified mopeds published by the Texas Department of Public Safety (DPS) because that list will no longer be maintained. DPS is no longer maintaining the list in response to House Bill (HB) 3171, 86th Legislature, Regular Session (2019). House Bill 3171 repealed Transportation Code §521.225, which required DPS to maintain the list. The department adopts the amendments to §217.3 without changes to the proposed text as published in the October 16, 2020 issue of the Texas Register (45 TexReg 7407). The rule will not be republished.

REASONED JUSTIFICATION. The amendment to §217.3(1)(B) eliminates the reference to the list of certified mopeds published by DPS and clarify that determinations on whether a motor vehicle may be titled as a moped will be based on the definition of moped in Transportation Code §541.201. Previously, DPS provided a list of certified mopeds for use when county tax assessor-collector offices processed title applications. Transportation Code §521.225, which required that the list be maintained, was repealed by HB 3171. Because that list is no longer maintained, determinations will be based on the statutory definition of moped. Transportation Code §541.201(8) defines moped as, "a motor vehicle that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground, that cannot attain a speed in one mile of more than 30 miles per hour, and the engine of which cannot produce more than five-brake horsepower; and if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears." If the vehicle meets the definition, it will be titled as a moped. The amendments are not changing or adding requirements for the definition of moped, but are removing the requirement that a motor vehicle be listed on the certified moped list before titling as a moped.

SUMMARY OF COMMENTS. The department received no comments on the proposal.

STATUTORY AUTHORITY. The department adopts amendments to §217.3 under Transportation Code §501.0041 and §1002.001.

- Transportation Code §501.0041 authorizes the department to adopt rules to administer Chapter 501.

- Transportation Code §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code §501.021 and §501.022.