Part I.
Texas Department of Transportation
Chapter 17.
Vehicle Titles and Registration
Subchapter B. Motor Vehicle Registration
43 TAC §§17.21, 17.23
The Texas Department of Transportation proposes amendments
to §17.21 and §17.23, concerning temporary registration permits.
The amendments are necessary to include provisions for exemption from temporary
permits for foreign commercial vehicles operating in the border commercial
zone.
Senate Bill 370, 75th Legislature, 1997 added Texas Civil Statutes, Article
6675c-2 to provide that a law or agreement of less than statewide application
that is adopted by an agency or political subdivision of this state that
regulates motor carriers or commercial motor vehicles or the operation of
those carriers or vehicles in the transportation of cargo across the border
or within an area adjacent to the border by foreign commercial motor vehicles
has no effect unless the law or agreement applies uniformly to an entire
border commercial zone and only in a border commercial zone.
Texas Civil Statutes, Article 6675c-2 provides that it supersedes that
portion of any paired city, paired state, or similar understanding governing
foreign commercial motor vehicles or motor carriers entered into under §502.054,
Transportation Code, or any other law, and provides the boundaries of a border
commercial zone may be modified or established only as provided by federal
law.
Article 6675c-2 also provides for the exemption of a foreign commercial
motor vehicle from registration if it spends only a short period of time
in the border commercial zone.
Section 17.21 is amended to provide a definition for border commercial
zone and department.
Section 17.23(g) is amended to provide that Texas Civil Statutes, Article
6675-c applies to agreements with other jurisdictions. Section 17.23 is further
amended by adding subsection (h) to provide criteria for an exemption from
the display of a temporary registration permit for foreign commercial vehicles
operating in the border commercial zone if time in the border commercial
zone is not more than 24 hours, or not more than 48 hours if the vehicle
is unable to leave this state within 24 hours because of circumstances beyond
the control of the motor carrier operating the vehicle, and all financial
requirements are satisfied. The vehicle must also be registered by the law
of another state or country as evidenced by a valid metal license plate,
and the country in which the person owns or controls the vehicle must provide
a reciprocal exemption for commercial motor vehicles owned or controlled
by residents of Texas.
Frank J. Smith, Director, Budget and Finance Division, has determined that
for the first five-year period the amendments are in effect, there will be
no fiscal implications for the state or local government as a result of enforcing
or administering the amendments. There will be no economic costs to individuals
who are required to comply with the sections as proposed.
Jerry L. Dike, Director, Vehicle Titles and Registration Division, has
certified that there will be no significant impact on local economies or
overall employment as a result of enforcing or administering the proposed
amendments.
Mr. Dike also has determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result
of implementing the amendments will be to clarify the boundaries of the border
commercial zones. There will be no effect on small businesses.
Written comments on the proposal may be submitted to Jerry L. Dike, Director,
Vehicle Titles and Registration, Texas Department of Transportation, 125 East
11th Street, Austin, Texas 78701-2483. The deadline for receipt of written
comments will be 5:00 p.m. on March 16, 1998.
The amended sections are proposed under Transportation Code,
§201.101, which provides the Texas Transportation Commission with the
authority to establish rules for the conduct of the work of the Texas Department
of Transportation, and more specifically Texas Civil Statutes, Article 6675c-2,
which authorizes the department to carry our provisions of those laws governing
the issuance of motor vehicle registration.
No statutes, articles, or codes are affected by the proposed amendments.
§17.21. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Border commercial zone
- A commercial zone
established under Title 49, C.F.R., Part 372 which is contiguous to the border
with Mexico.
Department
- The Texas Department of Transportation.
§17.23. Temporary Registration Permits.
(a)-(f)
(No change).
(g)
Agreements with other jurisdictions. In accordance with
Transportation Code, §502.054 and
Texas Civil Statutes, Article
6675c-2
, the executive director of the department may enter into a
written agreement with an authorized officer of a state, province, territory,
or possession of a foreign country to provide for the exemption from payment
of registration fees by nonresidents if residents of this state are granted
reciprocal exemptions. The executive director may enter into such agreement
only upon:
(1)
the approval of the governor; and
(2)
making a determination that the economic benefits
to the state outweigh all other factors considered.
(h)
Exemptions. A foreign commercial vehicle
operating in accordance with Texas Civil Statutes, Article 6675c-2 is exempt
from the display of a temporary registration permit if:
(1)
the vehicle is engaged solely in the transportation
of cargo across the border into or from a border commercial zone;
(2)
for each load of cargo transported
the vehicle remains in this state for:
(A)
not more than 24 hours; or
(B)
not more than 48 hours, if:
(i)
the vehicle is unable to leave this state
within 24 hours because of circumstances beyond the control of the motor
carrier operating the vehicle; and
(ii)
all financial responsibility requirements
applying to this vehicle are satisfied;
(C)
the vehicle is registered and licensed
as requested by the law of another state or country as evidenced by a valid
metal license plate attached to the front or rear exterior of the vehicle;
and
(D)
the country in which the person who owns
or controls the vehicle is domiciled or is a citizen, provides a reciprocal
exemption for commercial motor vehicles owned or controlled by residents
of Texas.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
January 30, 1998.
TRD-9801427
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-8630
43 TAC §17.24
The Texas Department of Transportation proposes amendments
to §17.24, concerning disabled person license plates and placards.
House Bills 580 and 685, 75th Legislature, 1997, amended Transportation
Code, §502.024 and §681.002. House Bill 580 amends the requirements
to obtain disabled person identification placards and also requires a hologram
to be on each disabled person identification placard. House Bill 685 allows
for an applicant to obtain more than one set of disabled person license plates
for a motorcycle, passenger car, or light truck that is equipped with special
equipment that will allow a person who has lost the use of one or both legs
to operate the vehicle.
The amendments to §17.24 revise citations to reflect recodification
into the Transportation Code, and require that windshield identification placards
must contain a hologram and applicant's driver's license number or the number
of a personal identification card issued to the applicant under Chapter 521.
The amendments allow an applicant who is a non-resident serving in the United
States Military on a military institution in Texas to use a current out-of-state
driver's license for the application. In order to receive a disabled plate
or insignia, the application must be: signed in the presence of a notary by
a physician either licensed to practice medicine in this state or licensed
by the United States Military if the physician practices medicine on a military
installation in this state; or in the form of a written prescription. Both
statements must include a certification as to whether the disability is temporary
or permanent and the disabled person's name.
The amendments delete the acceptance of documentation from the Texas Rehabilitation
Commission, the Texas Commission for the Blind, and Texas Handicap Association,
and by sworn written statement. Additional sets of license plates may be
issued for each vehicle that is specially equipped to allow operation by
an operator who has lost the use of one or both legs.
The amendments: revise the expiration period from five years to four years;
require that in order to renew a placard, the applicant must show an expired
placard, or a receipt showing that a disabled person placard was previously
issued; and delete the requirement that disabled plates must be renewed in
the county in which the owner resides. The section requires the owner to
present the current year's license receipt instead of the previous year's
in order to replace a disabled person license plate, and provides if the
county cannot verify that the disabled person license plates were issued
to the owner, the owner must refile an initial application.
It clarifies that a disabled person is not exempt from payment of penalties
and fees if the vehicle is parked within a municipal airport. The section
allows a person from whom a placard was seized by a law enforcement officer
under Transportation Code, §681.011 to request a hearing in accordance
with §§1.21-1.61 of this title (relating to Contested Case Procedure)
to determine if the revocation should continue or if the placard should be
returned and the revocation rescinded.
Frank J. Smith, Director, Budget and Finance Division, has determined that
for the first five years the amended section is in effect, there will be
fiscal implications to the state as a result of enforcing or administering
this section. The estimated increase in cost to the state is $23,294 per
year for fiscal years 1998 - 2002. There will be no fiscal implication to
local government as a result of enforcing or administering this section.
There will be economic costs to individuals who are required to comply with
the requirements of the amendments if they seek a hearing for revocation
of a disabled plate or placard. The cost of a revocation hearing cannot be
determined because it depends on the circumstances of the revocation, the
location of the revocation, and the length of the hearing.
Jerry L. Dike, Director, Vehicle Titles and Registration Division, has
certified that there will be no significant impact on local economies or
overall employment as a result of enforcing or administering the proposed
amendments.
Mr. Dike has also determined that for each year of the first five years
the amended section is in effect the public benefits anticipated as a result
of administering the section will be better enforcement and issuance procedures
of disabled person plates and placards. There will be no effect on small
businesses.
Written comments on the proposed amendments may be submitted to Mr. Jerry
Dike, Director of Vehicle Titles and Registration Division, Texas Department
of Transportation, Dewitt C. Greer Building, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of written comments will be 5
p.m. on March 16, 1998.
The amendments are proposed under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to
establish rules for the conduct of the work of the Texas Department of Transportation,
and more specifically Transportation Code, Sections §502.253 and §681.002
which provide the department with the authority to issue disabled persons
identification placards and license plates.
The amendments do not affect other statutes, articles, or codes.
§17.24. Disabled Person License Plates and Identification Placards.
(a)
Purpose.
Transportation Code, Chapters 502 and 681
, [
(b)
Issuance.
(1)
Disabled person license plates.
(A)
Vehicle. The department will issue specially designed
license plates to permanently disabled persons or their transporters in lieu
of regular passenger license plates, if the passenger vehicle, motorcycle,
or light commercial vehicle:
(i)
has a manufacturer's rated carrying capacity of one ton
or less;
(ii)
is used for non-commercial purposes; and
(iii)
is regularly operated by, or for the transportation
of permanently disabled persons.
(B)
Identifying insignia. Disabled person license plates will
include the international symbol of access. The department will issue disabled
person insignia on those special category license plates that can accommodate
the identifying insignia, and which are issued in accordance with §17.28
of this title (relating to Special Category License Plates, Symbols and Tabs).
(C)
License plate number. Disabled person license plates will
bear a license plate number assigned by the department, or a personalized
license plate number issued in accordance with §17.28 of this title
(relating to Special Category License Plates, Symbols and Tabs).
(2)
Windshield identification placards. The department
will issue removable windshield identification placards to temporarily or
permanently disabled persons, and the transporters of permanently disabled
persons.
(A)
Location. A person who has been issued a windshield identification
placard shall suspend the placard from a vehicle's rearview mirror when the
vehicle is parked in a disabled person parking space, or display the placard
on the center portion of the dashboard if such vehicle does not have a rearview
mirror.
(B)
Identifying insignia. Windshield identification placards
will include the following information:
(i)
the international symbol of access;
(ii)
an identification number;
(iii)
the seal or other identification of the department;
[
(iv)
date of expiration
;
(v)
the applicant's driver's license number
or the number of a personal identification card issued to the applicant under
Transportation Code, Chapter 521; and
(vi)
a hologram designed by the department.
(c)
Initial application.
(1)
Place of application. The following persons may file an
application for disabled person license plates or identification placards
with the county tax assessor-collector in the county in which the applicant
resides:
(A)
the owner of a registered vehicle that is regularly operated
by or for the transportation of a disabled person; and
(B)
a disabled person who is not a vehicle owner.
(2)
Application form. Such application must be made
on a form prescribed by the director and shall, at a minimum, require the
name, address, and signature of the disabled person,
and:
(A)
the applicant's driver's license number
or the number of a personal identification card issued to the applicant under
Chapter 521; or
(B)
an out-of-state current driver's license
issued to a non-resident individual serving in the United States military
at a military installation in this state
[
(3)
Accompanying documentation.
(A)
Unless otherwise exempted by law or this section, an initial
application for disabled person license plates and an identification placard
must be accompanied by evidence that the operator or regularly transported
person is disabled.
(B)
Such evidence of disability
must:
(i)
contain a certification as to whether
the disability is temporary or permanent and the disabled person's name; and
(ii)
be signed by a physician who is licensed
to practice medicine in Texas or by the United States Military and practicing
medicine on a military installation in Texas.
(C)
The evidence must be in the form of:
[
(i)
[
(ii)
a written prescription.
[
[
[
[
(4)
Additional requirements. Applications for disabled
person license plates and identification placards shall be accompanied by
any fees or additional documentation as required by law.
(5)
Exemptions from accompanying documentation. The department
will issue disabled person identification placards to an organization that
regularly transports disabled persons in vehicles it owns or controls if
such organization is prohibited by law from disclosing the identities of
their clients. In such cases, the application may be made in the name of
the organization. In addition, accompanying documentation described in paragraph
(2) of this subsection will not be required. Such organizations shall present
an "Exempt" Texas Vehicle Registration Receipt issued in accordance with
§17.30 of this title (relating to Motor Vehicle Registration) for each
disabled person identification placard requested.
(6)
Limitations.
(A)
The department may issue the following number of disabled
license plates and placards to applicants who are permanently disabled:
(i)
one set of disabled person license plates and one permanently
disabled person identification placard; [
(ii)
no more than two permanently disabled person identification
placards
; or
(iii)
additional sets of license plates for
each vehicle that is specially equipped to allow operation by an operator
who has lost the use of one or both legs.
(B)
The department will issue no more than two temporarily
disabled person identification placards to those with temporary disabilities.
Disabled person license plates are not available to those with temporary disabilities.
(d)
Renewal.
(1)
License plates. Disabled person license plates are valid
for a period of 12 months from the date of issuance, and are renewable as
specified in §17.30(d) of this title (relating to Motor Vehicle Registration).
(2)
Identification placards. Permanently disabled person
identification placards are valid for a period of
four
[
(A)
Place of renewal application. The applicant shall apply
to the tax assessor-collector of the county in which the owner resides for
disabled person identification placard renewal, prior to the expiration of
the identification placard.
(B)
Accompanying documentation. In order to renew a permanently
disabled person identification placard, an applicant shall present a copy
of the previous identification placard application
, expired placard,
or a receipt showing that a disabled person placard was previously issued
to the applicant. If
[
(3)
Temporarily disabled person identification placards.
Temporarily disabled person identification placards are valid for six months
from the month of issuance or until the termination of the applicant's disability,
whichever occurs first.
(A)
Termination of disability. If a person's disability ends
prior to the expiration of the identification placard, the placard shall
be destroyed.
(B)
Renewal. If a person's temporary disability extends for
more than the six-month period for which the placard was issued, such person
must reapply for a new identification placard as described in subsection
(c) of this section.
(e)
Replacement.
(1)
License plates. If disabled person license plates are
lost, stolen, or mutilated, the owner may obtain replacement license plates
by applying with the county tax assessor-collector [
(A)
Accompanying documentation. In order to replace permanently
disabled person license plates, the owner shall present the
current
[
(B)
Absence of accompanying documentation. If the
current
[
(2)
Disabled person identification placards. If
a disabled person identification placard becomes lost, stolen, or mutilated,
the owner may obtain a new identification placard in accordance with subsection
(c) of this section.
(f)
Transfer of disabled person license plates and identification
placards.
(1)
License plates.
(A)
Transfer between persons. Disabled person license plates
are non-transferable between persons. An owner who sells or trades a vehicle
to which disabled person license plates have been issued shall remove the
disabled person license plates from the vehicle. The owner shall return the
license plates to the department, and obtain appropriate replacement license
plates to place upon the vehicle prior to any transfer of ownership.
(B)
Transfer between vehicles. Disabled person license plates
are non-transferable between vehicles.
(2)
Identification placards.
(A)
Transfer between vehicles. Disabled person identification
placards
may be displayed in any vehicle in which the disabled person
drives or is a passenger
[
(B)
Transfer between persons. Disabled person identification
placards are non-transferable between persons.
(g)
Refueling and parking privileges.
(1)
Refueling services. In accordance with Texas Civil Statutes,
Article 8613 the department will provide a notice to an owner of a vehicle
displaying disabled person license plates or an identification placard setting
forth the provisions of the Refueling Services to Disabled Person Act which
requires a facility that offers motor vehicle fuel for sale to the public
to limit the charge to a disabled driver to the self-service price.
(2)
Parking privileges. The operator of a vehicle displaying
disabled person license plates or an identification placard is granted the
following parking privileges under
Transportation Code, §681.006
[
(A)
Any vehicle upon which disabled person license plates
or a disabled person placard is displayed, when being operated by or for the
transportation of a disabled person, shall be allowed to park for unlimited
periods in any parking space or parking area designated specifically for the
physically handicapped.
(B)
The owner of a vehicle on which disabled person license
plates or a disabled person identification placard is displayed is exempt
from the payment of fees or penalties imposed by a governmental authority
for parking at a meter or in a space with a limitation on the length of time
for parking, unless the vehicle is parked at a place or time that parking
is prohibited, or unless the vehicle was not parking at the time by or for
the transportation of a disabled person
. This
[
(i)
branch of the United States government
; or
(ii)
governmental unit for parking within
the boundaries of a municipal airport.
(h)
Seizure and revocation of placard. A person
from whom a placard was seized by a law enforcement officer under Transportation
Code, §681.011 may request a hearing in accordance with §§1.21-1.61
of this title (relating to Contested Case Procedure) to determine if the
revocation should continue or if the placard should be returned to the person
and the revocation rescinded.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 30, 1998.
TRD-9801428
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-8630
43 TAC §17.50
The Texas Department of Transportation proposes amendments
to §17.50, concerning exempt and alias vehicle registration.
Senate Bill 557, 75th Legislature, 1997, amended Transportation Code, §502.201
to require the department to provide by rule for the issuance of specially
designated license plates for vehicles that are exempt from registration
fees. Senate Bill 557, also amended Transportation Code, §502.2015 to
provide that when an exempt agency applies for exempt license plates, the
agency's name may appear in an emblem that is at least 100 square inches
in size instead of 2 inches in height on the vehicle, and in a color different
from the body
of the vehicle so that it is clearly legible from a distance of 100 feet.
Senate Bill 557 requires that an agency provide a copy of the commissioner
court order or municipal ordinance exempting county or city vehicles from
the inscription requirements under Transportation Code, §721.003 and
§721.005 in order to receive exempt license plates without the word "exempt."
Section 17.50 is amended to allow an exempt agency's identification to
appear by an emblem, providing the emblem is 100 inches square and easily
seen from a distance of 100 feet, and require that agencies applying for
exempt license plates for vehicles without the inscription must provide a
copy of the order or ordinance as provided by Transportation Code, §721.003
and §721.005.
Frank J. Smith, Director, Budget and Finance, has determined that for the
first five years the amended section is in effect, there will be no fiscal
implications for the state or local government as a result of enforcing or
administering the section. There will be no economic costs to individuals
who are required to comply with the requirements of the section.
Jerry L. Dike, Director, Vehicle Titles and Registration Division, has
certified that there will be no significant impact on local economies or
overall employment as a result of enforcing or administering the proposed
amendments.
Mr. Dike has determined that for each year of the first five years the
amended section is in effect the public benefits anticipated as a result
of administering the section will be allowing an exempt agency's the option
of using an agency emblem on the exempt vehicle instead of the name of the
agency, and ensuring exempt license plates are issued to qualified vehicles
by requiring a copy of the order or ordinance for those vehicles issued in
accordance with Transportation Code, §721.005. There will be no effect
on small businessess.
Written comments on the proposed amendments may be submitted to Mr. Jerry
L. Dike, Director, Vehicle Titles and Registration Division, Texas Department
of Transportation, Dewitt C. Greer Building, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of written comments will be 5:00
p.m. on March 16, 1998.
The amendments are proposed under Transportation Code, §201.101
which provides the Texas Department of Transportation the authority to establish
rules for the issuance of exempt vehicle registration; and more specifically
Transportation Code, §502.201 which requires insignia or lettering on
an exempt agency vehicles which receive plates with the word "exempt," and
Transportation Code, §502.2015 which allows the issuance of plates without
the word "exempt" if the requirements of Transportation Code §721.003
and §721.005 are met.
The amendments do not affect other statutes, articles, or codes.
§17.50. Exempt and Alias Vehicle Registration.
(a)
Exempt plate registration.
(1)
Issuance. Pursuant to Transportation Code, §502.202,
a vehicle owned by and used exclusively in the service of a governmental agency,
used exclusively for public school transportation services, used for fire
fighting or by a volunteer fire department, or used in volunteer county marine
law enforcement is exempt from payment of a registration fee, and the department
will issue exempt plates to those vehicles
(2)
Application for exempt registration.
(A)
Application. The application for exempt plates shall be
made on a form prescribed by the department, and shall contain the following
information:
(i)
vehicle description;
(ii)
name of the exempt agency;
(iii)
an affidavit executed by an authorized person stating
that the vehicle is owned or under the control of and will be operated by
the exempt agency; and
(iv)
a certification that each vehicle listed on the application
has the name of the exempt agency printed on each side of the vehicle in
letters that are at least two inches high
or in an emblem that is at
least 100 square inches in size
, and of a color sufficiently different
from the body of the vehicle as to be clearly legible from a distance of
100 feet.
(B)
Emergency Medical Service Vehicle.
(i)
Exempt registration may be issued for a vehicle which
is owned or leased by a non-profit emergency medical service provider; a
municipality, county, or combination of both; or a non-profit emergency medical
service provider chief or supervisor in accordance with Transportation Code
§502.204.
(ii)
The application for exempt registration must contain
the vehicle description, the name of the emergency medical service provider,
and a statement signed by an officer of the emergency medical service provider
stating that the vehicle is used exclusively as an emergency response vehicle
and qualifies for registration under Transportation Code, §502.204.
(iii)
A copy of an emergency medical service provider license
issued by the Texas Board of Health must accompany the application.
(C)
Fire fighting vehicle. The application for exempt registration
of a fire fighting vehicle owned privately or by a volunteer fire department
must contain the vehicle description. The affidavit must be executed by the
person who has the proper authority, and shall state either that the vehicle
is privately owned and is designed and used exclusively for fire fighting,
or that the vehicle is owned by a volunteer fire department and is used exclusively
in the conduct of business of such department.
(D)
Disabled insignia. The application for disabled person
registration insignia for a vehicle used by an exempt agency to regularly
transport disabled persons may be used to obtain a specially designed disabled
person placard in accordance with §17.24 of this title, (relating to
Disabled Person License Plates and Identification Placards).
(3)
Exception. If the applicant is a law enforcement
agency or is exempt from the inscription requirements under Transportation
Code, §721.003 and §721.005, and the vehicle is not registered under
subsection (b) of this section, then the vehicle may display license plates
which are not marked with the word "exempt," and the applicant must present
a certification that each vehicle listed on the application will be dedicated
to law enforcement activities or that the applicant is exempt from inscription
requirements under Transportation Code, §721.003 and §721.005.
If a vehicle is exempt from inscription requirements under Transportation
Code, §721.005, then the applicant must provide a copy of the order or
ordinance which exempts the vehicle.
(b)
Affidavit for issuance of exempt registration under an
alias.
(1)
Upon receipt of an affidavit for alias exempt registration,
properly executed by the executive administrator of an exempt agency that
is a law enforcement agency, alias exempt registration will be issued annually
by the department for a vehicle used in covert criminal investigations.
(2)
The affidavit for exempt registration issued under
an alias for use on law enforcement vehicles shall be in a form prescribed
by the director and must include the vehicle description, a sworn statement
that the vehicle will be used in covert criminal investigations, and the
signature of either the executive administrator or his or her designee as
provided in paragraph (3) of this subsection. The vehicle registration insignia
of any vehicles no longer used in covert criminal investigations will be
surrendered immediately to the department.
(3)
The executive administrator, by annually filing an
authorization with the director, may appoint a staff designee to execute
the affidavit. Upon the appointment of a new executive administrator or his
or her designee, a new authorization must be filed.
(4)
The letter of authorization must contain a sworn
statement delegating the authority to sign the affidavit to a designee, the
name of the designee, and the name and the signature of the executive administrator.
The jurat must be signed by a notary public.
(5)
The affidavit for alias exempt registration must
be accompanied by a certificate of title application as cited in §17.7
of this title (relating to Alias Certificate of Title) which identifies the
information required by the department to create the alias record of vehicle
registration and title.
(c)
Replacement of exempt registration.
(1)
If exempt registration becomes lost, stolen, or mutilated,
a properly executed replacement affidavit for exempt license plates must
be submitted to the department.
(2)
The application for replacement license plates must
contain the vehicle description, original license number, and the sworn statement
that the license plates furnished for the vehicle described have been lost,
stolen, or mutilated, and will not be used on any other vehicle.
(3)
Any remaining plate or plates must be removed and
surrendered to the department upon issuance of the replacements.
(d)
Title requirements. Prior to or simultaneously with the
issuance of exempt registration, the vehicle must be titled, unless otherwise
exempted by law.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 30, 1998.
TRD-9801429
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-8630
The Texas Department of Transportation proposes amendments to §§18.2,
18.80, 18.82, 18.84, 18.88, 18.89, 18.91-18.93, the repeal of §18.94
and new §§18.94-18.96, concerning vehicle storage facilities.
The amendments, repeal and new sections are necessary to implement the
provisions of House Bill 1025, House Bill 2202, Senate Bill 370, §6.01,
and Senate Bill 855, 75th Legislature, 1997, and to ensure the proper administration
of laws concerning vehicle storage facility licensing.
House Bill 1025 amended Texas Civil Statutes, Article 6687-9a to provide
a definition of "impoundment" which includes preservation, conducting an inventory,
storing all unsecured personal property, and obtaining motor vehicle registration
information. The term "preservation" is deleted.
House Bill 2202 amended Texas Civil Statutes, Article 6687-9a to: provide
technical cleanup language to the Vehicle Storage Facility Act; amend definitions;
and provide the department with the ability to deny, revoke, or suspend a
vehicle storage facility license, and assess administrative penalties not
to exceed $10,000 per violation.
Senate Bill 370, §6.01, amended Texas Civil Statutes, Article 6687-9a
to provide a procedure for sending renewal notices to vehicle storage facility
licensees.
Senate Bill 855, 75th Legislature, 1997, amended Texas Civil Statutes,
Article 6687-9a to provide for the disposal of abandoned vehicles in vehicle
storage facilities.
The amendments replace references to Texas Civil Statutes with the recodified
citations to the Transportation Code. The amendments also replace references
to "VSF" with "vehicle storage facility" and deletes references to "motor
vehicle storage facilities.
Section 18.2 is amended to define terms relevant to the motor carrier chapter.
Section 18.80 is amended by moving references to other vehicle storage
facility laws from §18.91(f) to this section.
Section 18.82 is amended by adding and clarifying terms relevant to the
vehicle storage facility subchapter.
Section 18.84 is amended to provide that the department will mail a license
renewal notice to the licensee's last known address according to the records
of the department and eliminate charges for a duplicate vehicle storage facility
license. It also provides that the department will not issue a license if
an applicant knowingly supplies false or incomplete information on the application,
if in the three years preceding the date of the application, one of the principals
in the business has been convicted of a felony or misdemeanor for which the
maximum punishment is confinement in jail or a fine exceeding $500, or if
the vehicle storage facility does not meet the standards for vehicle storage
facilities. This section requires a corporation to include a copy of its amendment
to its articles of incorporation when submitting a supplemental application
for registration to change licensee name or address.
Sections 18.89 and 18.92 are amended by replacing the term "administrative
and preservation impoundment" with "notification and impoundment."
Amended §18.89 clarifies that letters on a notification sign regarding
complaints must be one inch in height, and a contrasting background.
Amended §18.91 authorizes a vehicle storage facility to combine the
required signs, provided that any combination of signs meets the respective
requirements of each individual sign.
Section 18.93 is amended to provide that a vehicle storage facility operator
shall not charge for more than five days of storage fees until a notice is
mailed or published. The operator shall charge a daily storage fee after notice.
This section prohibits a vehicle storage facility operator from charging an
administrative fee.
Existing §18.94 is repealed and replaced with new §18.94 to provide
a definition for the term "director," specify the types of sanctions the department
may assess, including probation of a licensee whose license has been suspended
and/or monetary penalties, and establish a procedure for investigation of
and notice to the person charged with a violation. This section provides criteria
to be used to determine which sanctions to impose, a procedure for response
to the charge, and an opportunity for an administrative hearing. The section
requires that the administrative law judge's proposal for decision be submitted
to the director, who will determine whether a violation has occurred, and
if, so impose the recommended penalty or other sanction; increase or decrease
the amount of the recommended penalty or impose other sanctions. It provides
for payment of penalty and appeal to a court with jurisdiction; provides that
the department and the person charged may enter into a compromise settlement
agreement; and authorizes the department to seek injunctive relief and civil
penalties if it appears that a person is in violation of, or is threatening
to violate, the Act, this subchapter, or an order of the department.
New §18.95 provides circumstances under which the department may revoke,
suspend, or deny a license, or place a person on probation whose license has
been suspended, in cases of conviction for certain criminal activities or
probation violations. This section establishes criteria the department will
consider regarding sanctions, and provides a procedure for notification of
licensees/applicants of any revocation, suspension, denial, or probation.
It establishes policies and procedures regarding suspension and revocation
of a vehicle storage facility license for failure to provide proof of insurance,
and provides that the department will suspend the license of a vehicle storage
facility operator upon receipt of a final order suspending license issued
under Family Code §232.008. This section provides that the department
may require a licensee to report regularly to the department on any matter
that is the basis of probation.
New §18.96 provides that no vehicle may be disposed of under Texas
Civil Statutes, Article 6687-9a, unless the vehicle storage facility operator
has complied with all provisions of the Act, and a vehicle storage facility
operator shall notify the vehicle owner and all recorded lienholders of the
proposed disposal of the vehicle in accordance with Texas Civil Statutes,
Article 6687-9a, §13(d). This section specifies the types of records
a vehicle storage facility operator shall keep under its care and custody;
explains how a vehicle storage facility operator may dispose of a vehicle
through public sale; and clarifies how disputes over the sale, or dispersal
of proceeds from the sale, of a vehicle are to be pursued.
Frank Smith, Director, Budget and Finance Division, has determined that
for the first five-year period the sections are in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the sections. There will be no economic costs to individuals
who are required to comply with the sections as proposed.
Lawrance R. Smith, Director, Motor Carrier Division, has certified that
there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the proposed sections.
Mr. Lawrance Smith has determined that for each year of the first five
years the proposed sections are in effect, the public benefits anticipated
as a result of enforcing the sections will be increased protection for vehicle
storage facility customers. There will be no effect on small businesses.
Written comments on the proposal may be submitted to Lawrence R. Smith,
Director, Motor Carrier Division, Texas Department of Transportation, 125
E. 11th St., Austin, Texas 78701-2483. The deadline for receipt of comments
will be 5:00 p.m. on March 16, 1998.
Subchapter A. General Provisions
43 TAC §18.2
The amended sections are proposed under Transportation Code,
§201.101, which provides the Texas Transportation Commission with the
authority to establish rules for the conduct of the work of the Texas Department
of Transportation, and more specifically, Transportation Code, Chapter 643
which authorizes the department to carry out the provisions of those laws
governing the registration of motor carriers, and Texas Civil Statutes, Article
6687-9a, which authorize the department to carry out the provisions of those
laws governing the licensing of vehicle storage facilities.
No statutes, articles, or codes are affected by these proposed amendments.
§18.2. Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
Tow truck
- A motor vehicle equipped with, or used in combination
with, a mechanical device [
(A)
a motor vehicle owned and used
exclusively by a governmental entity, including a public school district;
(B)
a motor vehicle towing:
(i)
a race car;
(ii)
a motor vehicle for exhibition; or
(iii)
an antique motor vehicle;
(C)
a recreational vehicle towing
another vehicle;
(D)
a motor vehicle used in combination
with a tow bar, tow dolly, or other mechanical device that is not operated
in the furtherance of a commercial enterprise; or
(E)
a motor vehicle, controlled and/or
operated by a farmer or rancher, towing a farm vehicle.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 30, 1998.
TRD-9801430
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-8630
43 TAC 18.80, 18.82, 18.84, 18.88, 18.89, 18.91-18.93
The amended sections are proposed under Transportation Code,
§201.101, which provides the Texas Transportation Commission with the
authority to establish rules for the conduct of the work of the Texas Department
of Transportation, and more specifically, Transportation Code, Chapter 643
which authorizes the department to carry out the provisions of those laws
governing the registration of motor carriers, and Texas Civil Statutes, Article
6687-9a, which authorize the department to carry out the provisions of those
laws governing the licensing of vehicle storage facilities.
No statutes, articles, or codes are affected by these proposed amendments.
§18.80. Purpose and Scope.
Texas Civil Statutes, Article 6687-9a (Vehicle Storage Facility Act),
provide that a person may not operate a vehicle storage facility unless the
person holds a current license to operate a vehicle storage facility issued
by the Texas Department of Transportation. In order to protect all parties
from unfair, unreasonable and deceptive practices, this subchapter sets forth
the department's commitment to provide procedures and policies under which
vehicle storage facility operators and their customers may transact business.
The sections under this subchapter describe the procedures by which a person
may obtain a license to operate a vehicle storage facility, conditions under
which a licensee must operate the facility, and the procedures by which the
department will enforce this subchapter.
Other laws which may affect
the operations of a vehicle storage facility are Transportation Code, Chapters
643 and 683, Property Code, §70.003, §70.004, and §70.006,
and the regulations or ordinances of any political subdivision of this State.
§18.82. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Person
- An individual, corporation, organization,
business trust, estate, trust, partnership, association, or other legal entity.
Impoundment
[
- Actions
performed on a stored vehicle which consist of the following minimum requirements:
(A)
using of materials such as plastic or canvas
tarpaulins to ensure the preservation of a stored vehicle if doors, windows,
convertible tops, hatchbacks, sun roofs, trunks or hoods are broken or inoperative;
(B)
conducting a written inventory of any unsecured personal
property contained in a stored vehicle;
(C)
removing and storing all unsecured personal property
contained in a stored vehicle for which safekeeping is necessary; and
(D)
obtaining motor vehicle registration information for
a specific vehicle from the department's Vehicle Titles and Registration
Division, statutory agents or service providers.
Vehicle
- A motor vehicle subject to registration under
Transportation Code, Chapter 501
[
§18.84. Issuance and Renewal of License.
(a)
Issuance. The department will issue a
vehicle storage
facility
[
(1)
the applicant knowingly supplied false
or incomplete information on the application;
(2)
in the three years preceding the
date of the application, the applicant, one of the applicant's partners, a
principal or general manager of the applicant, or one of the applicant's officers
has been convicted of a felony or misdemeanor for which the maximum punishment
is confinement in jail or a fine exceeding $500; or
(3)
the vehicle storage facility for
which the license is sought does not meet the standards established by this
subchapter for vehicle storage facilities.
(b)
Transferability/assignability.
Vehicle storage facility
[
(c)
Licensee change of name or address. Prior to the effective
date of any change in a licensee's name or address from the name or address
appearing on the original vehicle storage facility license application, the
licensee shall file a supplemental application with the department.
A licensee that is a corporation shall include a copy of the amendment to
its articles of incorporation approved by the Texas Secretary of State along
with its supplemental application for registration. A licensee incorporated
outside the State of Texas shall include a copy of its amendments to its
articles of incorporation approved by the corresponding chartering authority.
(d)
Expiration.
Vehicle storage facility
[
[
(e)
[
(1)
Renewal notices. The department will mail a license renewal
notice
to the licensee's last known address, according to the records
of the department,
indicating the month and year the license expires
to each licensee approximately 45 days prior to license expiration. Failure
to receive the notice does not relieve the licensee of the responsibility
to renew the
vehicle storage facility
[
(2)
Renewal application and fee. An application for
vehicle storage facility
[
(3)
Expired vehicle storage facility license. An individual,
partnership, or corporation whose
vehicle storage facility
[
§18.88. Documentation and Records.
(a)
Retention of written documentation. Vehicle storage facility
licensees must maintain written documentation regarding their operations for
a period of two years from the date such operations occurred. Written documentation
shall be in the form of:
(1)
motor vehicle registration checks;
(2)
notification letters;
(3)
certified return receipts;
(4)
tow tickets or wrecker slips (if applicable);
(5)
bills for service;
(6)
auction receipts;
(7)
inventory (if applicable);
(8)
certificates of authority to demolish; and
(9)
any authorized document used to release a vehicle
(title, affidavit of right of possession and control, court order, etc.).
(b)
Combination documents. Provided that the document contains
the minimum information described in subsection (c) of this section, a licensee
may consolidate the information required into a single document in order to
meet record retention requirements of subsection (a) of this section. Combination
documents may consist of:
(1)
bills for service;
(2)
inventory records;
(3)
tow tickets; or
(4)
wrecker slips (if applicable).
(c)
Minimum information. Each licensee shall keep written
records on each vehicle kept or stored at the
vehicle storage facility
[
(1)
the year, make, model, color, correct license plate number,
state issuing the license, and correct vehicle identification number of the
vehicle;
(2)
the date, time and location from which the vehicle
was towed, and name of person who authorized the tow;
(3)
the name of the tow truck driver, the name of the
company that towed the vehicle, and the license plate numbers of plates issued
to the tow truck under Transportation Code, §502.180 and §502.281;
(4)
the date the vehicle was released, the name of the
individual to whom the vehicle was released, and the type of identification
(Texas drivers license or other state or federally issued photo identification)
and identification number provided by the individual to whom the vehicle was
released;
(5)
the date of any vehicle transfer, and the address
of the location to which it was transferred along with the name of the towing
company and tow truck driver who made the transfer;
(6)
a copy of any certificate of title issued after the
vehicle came into the possession of the
vehicle storage facility
[
(7)
all amounts received at the time the vehicle was
released, including the specific nature of each charge.
(d)
Availability of documentation. All required documentation
shall be made available by the licensee, the licensee's agent, or the licensee's
employee for inspection and copying upon request by department personnel,
or a certified law enforcement officer within the officer's jurisdiction,
during the same hours the
vehicle storage facility
[
(e)
Care and custody of records. Required records shall be
kept under the care and custody of the licensee for at least two years from
the date the vehicle was received.
§18.89. Notice of Complaint Procedure.
Each
vehicle storage facility
[
(1)
a sign prominently displayed to the public at the place
of payment, with
letters at least one inch in height, and a contrasting
background
[
(2)
any bill for service.
§18.91. Facility Requirements.
(a)
Enclosure and security of stored vehicles.
(1)
Fencing. If not enclosed by a five foot high fence on
or before September 1, 1985, all vehicle storage facilities shall be completely
enclosed by a fence at least six feet high with a gate which is locked at
all times when the licensee or an agent or employee is not at the storage
lot. No two vehicle storage facilities may operate within the same fenced
area.
(2)
Security of vehicles.
(A)
No vehicle may be stored or kept at any licensed
vehicle storage facility
[
(B)
A vehicle accepted for storage in a
vehicle storage
facility must be secured to prevent theft of the vehicle or its contents,
including but not limited to locking doors, closing windows and hatchbacks,
and raising or covering convertible tops.
(b)
Surface. All [
(c)
Illumination. All [
(d)
Signs.
(1)
Facility information. All [
(A)
the registered name of the storage lot, as it appears
on the
vehicle storage facility
[
(B)
street address;
(C)
the telephone number for the owner to contact in order
to obtain release of the vehicle;
(D)
the facility's hours, within one hour of which vehicles
will be released to vehicle owners; and
(E)
the storage lot's state license number preceded by the
phrase "VSF License Number."
(2)
Per diem charges. All [
(3)
Instruments accepted for release of vehicle. All
[
(4)
Combination signs. A vehicle storage
facility may combine the signs described in §18.89(1) of this title
(relating to Facility Requirements) and paragraphs (2) and (3) of this subsection,
provided that the combination sign meets the requirements of each of the
separate signs.
(e)
Unregistered tow trucks. No
vehicle storage facility
[
[
[
[
[
[
§18.92. Technical Requirements.
(a)
Release of vehicles. The licensee shall comply with the
following requirements when releasing vehicles.
(1)
The licensee shall comply with all provisions of Texas
Transportation Code, Chapter 685, and Texas Civil Statutes, Article 6701g-3,
relating to the rights of the owner of a stored vehicle, including providing
the name, address, and telephone number of the justice of the peace or magistrate
from whose jurisdiction the vehicle was removed.
(2)
The licensee shall allow the vehicle owner or his/her
authorized representative to obtain possession of the vehicle at any time
between the hours listed on the facility information sign posted as described
in §18.91(d)(1) of this title (relating to Facility Requirements), upon
payment of all fees due, presentation of valid identification (Texas drivers
license or other state or federally issued photo identification), and upon
presentation of:
(A)
a notarized power-of-attorney;
(B)
a court order;
(C)
a certificate of title;
(D)
a tax collector's receipt and a vehicle registration renewal
card accompanied by a conforming identification;
(E)
notarized proof of loss claim of theft from an insurance
company to show a right to possession;
(F)
positive name and address information corresponding to
that contained in the files of the department's Vehicle Titles and Registration
Division; or
(G)
a department approved Affidavit of Right of Possession
and Control, as defined in §18.82 of this title (relating to Definitions),
which is to be furnished by the licensee upon request (an Affidavit of Right
of Possession and Control is not to be used as a repossession instrument).
(3)
All [
(4)
If a
vehicle storage facility
[
(b)
Notification of insurance information. Upon request by
the vehicle owner or the vehicle owner's authorized representative, the licensee
shall provide the name, address, and telephone number of the insurance company
that is providing required garage keeper's legal liability insurance coverage
to the facility, in addition to the facility's insurance policy or certificate
number for purposes of filing a claim for loss or damage of property. The
insurance information shall be the same as that which is on file with the
department.
(c)
Publicly listed telephone number. All [
(d)
Inspection of stored vehicles. When the licensee, the
licensee's agent, or the licensee's employee accepts a vehicle towed without
the vehicle owner's consent, such person shall inspect the vehicle and note
as an addition on the wrecker slip or wrecker ticket any differences from
the information previously set out thereon, but shall not write over or deface
any prior writing on the slip or ticket. If the license plate number or vehicle
identification number on the wrecker ticket or wrecker slip are incorrect,
the
vehicle storage facility
[
(e)
Removal of parts; dismantling or demolishing of stored
vehicles. Except as stated to the contrary in this section, no parts shall
be removed from any vehicle, and no vehicle shall be dismantled or demolished
within the storage area of a licensed
vehicle storage facility
[
(f)
Use of stored vehicles. No stored vehicle may be utilized
for personal or business use without the written consent of the vehicle's
owner.
(g)
Reasonable storage efforts. A
vehicle storage facility
[
(h)
Impoundment
[
(1)
conducts a written inventory of any unsecured personal
property contained in the vehicle;
(2)
removes and stores all such property for which safekeeping
is necessary, and specifies such removal and storage on the written inventory;
and
(3)
obtains motor vehicle registration information for
the vehicle from the department.
(i)
Repair or alteration of stored vehicles. A vehicle accepted
for storage may not be repaired, altered, or have parts removed or replaced
without the vehicle owner's or his authorized representative's consent.
(j)
Vehicle transfers. When a motor vehicle has been delivered
to a
vehicle storage facility
[
(1)
charge only those fees otherwise permitted by §18.93
of this title (relating to Storage Fees/Charges) after the vehicle is towed
to another location without the vehicle owner's permission;
(2)
retain records and inform the vehicle owner upon
request of the location where the vehicle is at all times from the date on
which the vehicle is transferred from the
vehicle storage facility
[
(3)
maintain a record of the ultimate disposition of
the vehicle, including the date and name of the person to whom the vehicle
is released or a description of the document under which the vehicle was sold
or demolished.
§18.93. Storage Fees/Charges.
The fees outlined in this section have precedence over any conflicting
municipal ordinance or charter provision.
(1)
Notification fee.
(A)
A
vehicle storage facility
[
(B)
If a vehicle is removed by the owner within 24 hours after
the date the operator receives the vehicle, notification is not required under
§18.87 of this title (relating to Notification Regarding Towed Vehicles).
(C)
If a vehicle is removed by the owner before notification
is sent, or within 24 hours from the time the operator receives the vehicle,
a notification fee may not be charged to the owner by the
vehicle storage
facility
[
(2)
Daily storage fee. A
vehicle storage facility
[
(A)
A daily storage fee may be charged for a day
regardless of whether the vehicle is stored for 24 hours of the day, except
that a daily storage fee may not be charged for more than one day if the
vehicle remains at the
vehicle storage facility
[
(B)
A vehicle storage facility operator shall
not charge for more than five days of storage fees until a notice, as prescribed
in §18.87 of this title, is mailed or published.
(C)
A vehicle storage facility operator shall
charge a daily storage fee after notice, as prescribed in §18.87 of
this title, is mailed or published for each day or portion of a day the vehicle
is in storage until the vehicle is removed and all accrued charges are paid.
(3)
Impoundment
[
(4)
Additional fees. A
vehicle storage facility
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 30, 1998.
TRD-9801431
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-8630
Texas Civil Statutes, Article 6675a-5e.1
], charges the
department with the responsibility for issuing specially-designed license
plates and identification placards for permanently and temporarily disabled
persons. In order for the department to efficiently and effectively perform
these duties, this section prescribes the policies and procedures for the
application, issuance, and renewal of disabled person license plates and
placards.
and
]
excepting those organizations
described in paragraph (4) of this subsection
].
includes, but is not limited to:
]
(A)
] a disability statement, as
it appears on the application for disabled person license plates or identification
placards, which has been correctly completed
and signed in the presence
of a notary; or
or by a licensed optometrist if the applicant is legally blind;
]
(B)
certification from the Texas Rehabilitation
Commission or the Texas Commission for the Blind on the letterhead of the
agency;
]
(C)
certification from the Texas Handicap
Association for its members; or
]
(D)
a sworn affidavit executed by an amputee
of a limb, hand, or foot, or a disabled person confined to a wheelchair,
and the county tax assessor-collector, or his or her designee, attesting
to the applicant's disability.
]
or
]
five
] years from the month of issuance.
or, if
] such previous application
, placard, or receipt
is not available, the applicant shall reapply
as described in subsection (c) of this section.
of the county in
which the owner resides
].
previous
] year's registration receipt and personal identification
acceptable to the tax assessor-collector.
previous
] year's registration receipt is not available
and the county cannot verify that the disabled person license plates were
issued to the owner
, then the owner shall reapply in accordance with
subsection (c) of this section.
are transferable to any vehicle in where
the qualifying disabled person is either a driver or a passenger
].
Texas Civil Statutes, Article 6675a-5e.1
].
; this
]
exemption does not apply to fees or penalties imposed by a
:
Chapter 18.
Motor Carriers
, mini-trailer, or auto-trailer, and which
is adapted or
] used to tow, winch, or otherwise move another vehicle.
For the purposes of this chapter, the following motor vehicles are not considered
tow trucks:
Subchapter G. Vehicle Storage Facilities
Preservation
]
the Certificate of Title Act,
Texas Civil Statutes, Article 6687-1
], or any other device designed
to be self-propelled or transported on a public highway [
and which is
towed or transported to a vehicle storage facility without the owner's consent
].
VSF
] license to an applicant meeting the requirements
of §18.83 of this title (relating to Application for Original Vehicle
Storage Facility License)
, unless the department determines that:
VSF
] licenses are non-transferable and non-assignable from
a licensee to another person or entity.
VSF
] licenses are valid for 12 months and expire annually on the issuance
anniversary date.
A licensee may renew its vehicle storage facility
license in accordance with subsection (e) of this section and retain its
original license number.
(e)
Duplicate vehicle storage facility licenses.
Application for a duplicate VSF license shall be made with the department.
A $25 fee will be charged for issuing a duplicate license. This fee is non-refundable,
and may be paid in accordance with §18.85 of this title (relating to
Payment of Fees). The expiration date of a duplicate VSF license shall be
the same as the original license.
]
(f)
] Renewal of vehicle storage
facility license. Licensees must apply annually, prior to license expiration,
to renew the
vehicle storage facility
[
VSF
] operators
license.
VSF
] license.
VSF
] license renewal must be returned
by the licensee to the Motor Carrier Division and shall be accompanied by
the annual renewal fee of $75. The renewal fee is non-refundable and is payable
as described in §18.85 of this title (relating to Payment of Fees). In
order to avoid expiration, a renewal application and fee must be received
by the Motor Carrier Division prior to the expiration date.
VSF
] is still in business and whose license is not renewed must apply
for a new license in accordance with §18.84 of this title (relating to
License Issuance and Renewal). To avoid the loss of the original license number,
an application must be received by the Motor Carrier Division within 90 days
after license expiration. The application shall be accompanied by a fee of
$100.
VSF
]. These records shall contain:
VSF
], any certificate of authority to demolish, any police auction
sales receipt, or any transfer document issued by the State of Texas for
the vehicle if vehicle ownership has been transferred due to any action of
the
vehicle storage facility
[
VSF
] or if the vehicle
has been disposed of or demolished; and
VSF
]
must ensure that vehicles are available for release to the vehicle owner.
VSF
] shall notify
consumers and service recipients of the name, mailing address, and telephone
number of the department for purposes of directing complaints regarding vehicle
storage to the department. The licensee may use a legible sticker or rubber
stamp to convey the required information. The notification shall be included
on:
specifications in accordance with §18.91 (d) of
this title (relating to Facility Requirements)
]; and
VSF
] unless it is kept inside the
fenced or enclosed area at all times. For purposes of this subsection, the
term "enclosed" shall mean inside a building.
motor
] vehicle storage facilities
shall have an all-weather surface such as concrete, asphalt, black-top, stone,
macadam, limestone, iron ore, gravel, shell, or caliche, that enables the
safe and effective movement of stored vehicles upon all portions of the lot,
both under their own power and under tow, at all times, regardless of prevailing
weather conditions.
motor
] vehicle storage facilities
shall maintain illumination levels adequate for nighttime release of vehicles.
The term "adequate" shall mean sufficient to allow inspection of a vehicle
for damage at the time of release. At a minimum, there must be one lighting
fixture containing at least a 250 watt element for each 1/4 acre of storage
area.
motor
] vehicle storage
facilities shall have a clearly visible and readable sign at its main entrance.
Such sign shall have letters at least 2 inches in height, with contrasting
background, shall be visible at 10 feet, and shall contain the following information:
VSF
] license;
motor
] vehicle
storage facilities shall have a sign setting out the per diem charge for
storage and all other fees which may be charged by the storage lot, including
notification and impoundment
[
administrative and preservation/pound
] fees. This sign shall be located so it is clearly visible to a vehicle
owner prior to paying the fees, shall have letters at least 1 inch in height,
with a contrasting background.
motor
] vehicle storage facilities shall have a sign describing
the instruments which may be presented by the vehicle owner or his/her authorized
representative to obtain possession of the vehicle. This sign shall list
all instruments as described in §18.92(a)(2) of this title (relating
to Technical Requirements), and shall also state: "Affidavit of Right of
Possession and Control Furnished Upon Request." This sign shall be located
so it is clearly visible to a vehicle owner at the place of payment, have
letters at least 1 inch in height with a contrasting background.
VSF
] shall permit any tow truck which is not registered
under
Transportation Code, Chapter 643
[
Texas Civil Statutes,
Article 6675c
], to enter onto the grounds of the facility.
(f)
Other laws, statutes, rules and regulations
affecting VSF operations. Some other laws which may affect the operation of
a VSF include:
(1)
Transportation Code, Chapter 683;
(2)
Texas Civil Statutes, Article 6675c;
(3)
Property Code, §70.003, §70.004,
and §70.006; and
(4)
any political subdivision's ordinances
or regulations.
]
motor
] vehicle storage facilities
shall have vehicles available for release 24 hours a day within one hour's
notice if it accepts vehicles 24 hours a day.
VSF
] does not accept vehicles 24 hours a day, such facility must have vehicles
available for release within one hour between the hours of 8:00 a.m. and midnight
Monday-Saturday and from 8:00 a.m. to 5:00 p.m. on Sundays except for nationally
recognized holidays. It is not the intent of this section to require release
of vehicles after midnight, and refusal to release after that time, even with
notice after 11:00 p.m., is not a violation of this section.
motor
]
vehicle storage facilities shall have a publicly listed and operable telephone
where the licensee can be contacted. If the telephone number is changed from
the number set out in the vehicle storage license application, the licensee
shall give the department written notice of the change prior to the date
the new number is used. The notice shall include the storage lot's name,
its location, its license number, the old telephone number, and the new telephone
number.
VSF
] shall note on its
records the correct number and notify every previously advised person within
48 hours of noting the correct information.
VSF
]. Vehicles may be dismantled or demolished only if the storage
lot has a certificate of title, certificate of authority to demolish, police
auction sales receipt, or transfer document issued by the State of Texas for
the vehicle being dismantled or demolished.
VSF
] operator shall make reasonable efforts necessary for
the storage of a vehicle, such as locking doors, rolling up windows, and closing
doors, hatchbacks, sun roofs, trunks, hoods, or convertible tops. Such actions
are included in the storage fee as set forth in §18.93 of this title
(relating to Storage Fees/Charges).
Preservation
] of stored
vehicles. If doors, windows, convertible tops, hatchbacks, sun roofs, trunks,
or hoods are broken or inoperative, materials such as plastic or canvas tarpaulins
must be used to ensure the preservation of the stored vehicle. A
vehicle
storage facility
[
VSF
] operator is entitled to charge a fee
for
impoundment
[
preservation
] if, in addition to the
requirements set out in this subsection, the
vehicle storage facility
[
VSF
] operator, at a minimum:
VSF
], the vehicle may
not be moved from that facility within the first 31 days of storage without
the vehicle owner's authorization. If it becomes necessary to move the vehicle
during the first 31 days of storage because of
vehicle storage facility
[
VSF
] capacity problems, neither the registered vehicle
owner nor recorded lienholder(s) may be assessed an additional charge. The
vehicle storage facility
[
VSF
] must send notice in accordance
with §18.87 of this title (relating to Notifications Regarding Towed
Vehicles), except that the notice must be sent no less than 72 hours prior
to moving the vehicle. If a vehicle is moved from a
vehicle storage facility
[
VSF
], the licensee shall:
VSF
] until such time as the vehicle is recovered by the vehicle
owner, or a new certificate of title, a certificate of authority to demolish,
a police auction sales receipt, or a transfer document is issued by the State
of Texas; and
VSF
]
operator may not charge an owner more than $25 for notification under §18.87
of this title (relating to Notification Regarding Towed Vehicles).
VSF
] operator.
VSF
] operator may not charge less than $5.00 or more than
$15 for each day or part of a day for storage of a vehicle.
VSF
]
less than 12 hours. For the purposes of this paragraph, a day is considered
to begin and end at midnight.
Preservation
]
fee. A
vehicle storage facility
[
VSF
] operator may
charge an owner no more than $10 for
impoundment
[
preservation
] of a stored motor vehicle, if such
impoundment
[
preservation
] is performed in accordance with §18.92
(h)
[
(g)
] of this title (relating to Technical Requirements). If the
vehicle storage facility
[
VSF
] operator charges a fee for
impoundment
[
preservation
], the written bill for services
must specify the exact services performed for that fee and the dates such
services were performed.
VSF
] operator may not charge any additional fees that are
similar to notification
or impoundment
[
, preservation, or
administrative
] fees.
A vehicle storage facility operator may
not charge an administrative fee.