Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 4.
EMPLOYMENT PRACTICES
Subchapter F. EMPLOYEE TRAINING AND EDUCATION
The Texas Department of Transportation proposes the repeal of §§4.60-4.64
and simultaneously proposes new §§4.60-4.63, concerning employee
training and education.
EXPLANATION OF PROPOSED REPEALS AND AMENDMENTS
Government Code, §656.048, requires a state agency to adopt rules
relating to the eligibility of the state agency's administrators and employees
for training and education supported by the state agency and the obligations
assumed by the administrators and employees on receiving the training and
education.
The repeals and new sections are proposed for several reasons. First, the
rules are thoroughly revised to simplify the structure, clarify the meaning,
and shorten the length by eliminating unnecessary duplication. The result
is a set of rules that are both shorter and easier to use. Second, the revision
strengthens the training and education program to ensure that the department's
expenditures yield an appropriate return. Third, the degree program is divided
into two programs, a job-related degree program and a non-job-related degree
program, to facilitate administration.
Section 4.60 is based on former §4.60. There are no substantive changes.
Section 4.61 is based on former §4.61. Some definitions have been
added, and others have been deleted. The definitions of district, district
engineer, division director, employee, office director, part-time position,
professional development requirement, prospective duty assignment, regular
employee, and training have been eliminated. In each case, either the meaning
is clear from the context in which the term is used, or the term has been
eliminated from the rules.
Several new definitions have been added. Director is defined as the director
of the Human Resources Division. Employee's executive officer is defined as
an employee's district engineer, division director, or office director (or
that person's designee). Executive director has been defined to include a
designee. In each case, the reason for the new definition is for ease of reference.
In addition, institution has been defined to establish the kinds of schools
that an employee may attend. This establishes that employees may receive assistance
for attending only accredited colleges and universities and ensures that employees
will participate in programs of high quality. For the same reason, trade schools
will no longer be eligible.
Former §4.62 is eliminated because it provided no substantive guidance.
Section 4.62(a) is added to provide context and to clarify that in the
event of conflict, the program-specific rules in §4.63 will govern.
Section 4.62(b)(1) is based on former §4.63(b)(1)(A), (2)(A) and (3)(A).
Section 4.62(b)(2) is based on former §4.63(b)(1)(B), (2)(B) and (3)(B).
Section 4.63(b)(3) is based on former §4.63(b)(1)(D), (2)(F) and (3)(D).
There are no substantive changes.
Section 4.62(c)(1) is based on former §4.63(d). Employees are given
greater latitude in taking correspondence and internet courses if they are
offered by, in order of preference, Texas public institutions, Texas private
institutions, and other institutions. This will increase the availability
of eligible courses while providing opportunities for cost reductions.
Section 4.62(c)(2) is based on former §4.63(e). There are no substantive
changes.
Section 4.62(c)(3) is based on former §4.63(f)(2). Current policy
is clarified by adding that employees may use department equipment only during
non-duty hours and when use would not interfere with ordinary department business.
Section 4.62(c)(4) is based on former §4.62(d)(5)(B). There are no
substantive changes.
Section 4.62(d)(1) is based on former §4.64(a)(5). Section 4.62(d)(2)
is based on former §4.64(b). Section 4.62(d)(3) is based on former §4.63(c)(1)(C)
and (2)(B), and §4.64(c)(2). The new language clarifies that an employee's
executive officer is the person responsible for deciding to suspend an employee's
participation in an assistance program.
Section 4.62(e) is based on former §4.64(a)(2), (3) and (4). Section
4.62(f) is based on former §4.64(a)(2), (3) and (4); (c)(1)(D); and (d).
There are no substantive changes.
Section 4.62(g) is based on §4.64(c)(1) and (d)(9). The waiting period
required to reenter an assistance program after cancellation, in the absence
of hardship, is reduced from three years to two. This change is made because
the repayment provisions adequately protect the department from abuse of a
program by an employee.
Section 4.63(a) is based on former §4.63(a). It contains particular
standards applicable to degree programs and splits the degree programs into
two categories, the job-related degree program and the non-job-related degree
program. This division will facilitate administration of the degree programs.
Section 4.63(a)(1) contains standards that are applicable to both degree
programs. Section 4.63(a)(1)(a) is based on former §4.63(b)(1)(C), (E)
and (G). There are no substantive changes.
Section 4.63(a)(1)(B) is based on former §4.63(g). It now provides
that an employee's chosen elective may not be rejected if rejection would
extend the employee's time in the program.
Section 4.63(a)(1)(C) is based on former §4.63(c)(1). Section 4.63(a)(1)(D)
is based on former §4.63(c)(1)(B) and (f)(1). Section 4.63(a)(1)(E) is
based on former §4.64(d)(7) and (8). There are no substantive changes.
Section 4.63(a)(2) contains standards that are applicable only to the job-related
degree program. Section 4.63(a)(2)(A) is based on former §4.63(b)(1)(F)(i)
and (ii). Section 4.63(a)(2)(B) is based on former §4.64(a)(3). There
are no substantive changes.
Section 4.63(a)(3) contains standards that are applicable only to the non-job-related
degree program. Section 4.63(a)(3)(A) is based on former §4.63(b)(1)(F)(iii).
Section 4.63(a)(3)(B) is based on former §4.64(a)(3). There are no substantive
changes.
Section 4.63(b) is based on former §4.63(a). It contains particular
standards applicable to the full-time master's program.
Section 4.63(b)(1) is based on former §4.63(b)(2)(C), (D), (E), (G),
(H) and (I). Section 4.63(b)(2) is based on former §4.63(g). Section
4.63(b)(3) is based on former §4.63(c)(2). Section 4.63(b)(4) is based
on former §4.63(b)(2), (e)(5) and (f). Section 4.63(b)(5) is based on
former §4.64(1)(2). There are no substantive changes.
Section 4.63(b)(6) is based on former §4.64(d)(2), (7) and (8). Reduction
or elimination of repayment obligations will no longer be authorized for an
employee who leaves the department to work for another state agency. This
change is necessary to ensure that the department is not, in effect, using
its resources to train employees for the benefit of other agencies and not
the department.
Section 4.63(b)(7) is based on former §4.64(a)(1)(B). There are no
substantive changes.
Section 4.63(c) is based on former §4.63(a). It contains particular
standards applicable to the full-time degree completion program.
Section 4.63(c)(1) is based on former §4.63(b)(3)(C), (E), (F) and
(G). There are no substantive changes.
Section 4.63(c)(2) is based on former §4.63(g). It now provides that
an employee's chosen elective may not be rejected if rejection would extend
the employee's time in the program.
Section 4.63(c)(3) is based on former §4.63(c)(3). Previously, an
employee might be granted the ability to skip the summer semester if the employee
returned to work for the summer. This provision is generalized to apply to
any semester and to permit a combination of part-time work and part-time school,
as long as the combination is approved by the director of the Human Resources
Division.
Section 4.63(c)(4) is based on former §4.63(c)(3) and (f)(1). Section
4.63(c)(5) is based on former §4.64(a)(4). Section 4.63(c)(6) is based
on former §4.64(d)(2), (7) and (8). Section 4.63(c)(7) is based on former §4.64(c)(1)(C)(iii).
There are no substantive changes.
Section 4.63(d) is based on former §4.63(a). It contains particular
standards applicable to the non-degree program.
Section 4.63(d)(1) is based on former §4.63(b)(4). There are no substantive
changes. Section 4.63(d)(2) is added to state explicitly that there is no
service requirement under the non-degree program; this conforms to current
practice and was implicit in the former rules. Section 4.63(d)(3) is based
on former §4.64(d)(7) and (8). It now permits the executive director
to defer or extend repayment in the best interest of the department.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the repeals and new sections are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the repeals and new sections. There are no anticipated economic
costs for persons required to comply with the sections as proposed.
Diana L. Isabel, Director, Human Resources Division, has certified that
there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeals and new sections.
PUBLIC BENEFIT
Ms. Isabel has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the repeals and new sections will be will be better
educated and trained state employees. There will be no adverse economic effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals and new sections may be submitted
to Diana L. Isabel, Director, Human Resources Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on January 28, 2002.
43 TAC §§4.60 - 4.64
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals 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, Government Code, §656.048 which requires state
agencies to adopt rules relating to the eligibility of the department's administrators
and employees for training and education supported by the state agencies and
the obligations assumed by the administrators and employees on receiving the
training and education.
No statutes, articles, or codes are affected by the proposed repeals.
§4.60.Purpose and Scope
§4.61.Definitions
§4.62.Employee Training
§4.63.Education Programs
§4.64.Employee Obligations
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 December 14, 2001.
TRD-200107884
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§4.60 - 4.63
STATUTORY AUTHORITY
The new 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, Government Code, §656.048 which requires state
agencies to adopt rules relating to the eligibility of the department's administrators
and employees for training and education supported by the state agencies and
the obligations assumed by the administrators and employees on receiving the
training and education.
No statutes, articles, or codes are affected by the proposed new sections.
§4.60.Purpose.
It is the policy of the Texas Department of Transportation to encourage
the professional development of employees through education and training under
the State Employees Training Act, Government Code, Chapter 656, Subchapter
C. These programs are designed to increase the job potential of employees,
provide financial assistance for continuing education, and introduce new technology
and educational methods into the workplace. This subchapter governs the eligibility
and obligations of employees under training and education programs.
§4.61.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Assistance - Financial aid provided by the department to
its employees for education expenses.
(2)
Department - The Texas Department of Transportation.
(3)
Director - The director of the Human Resources Division
or the director's designee not below the level of section director.
(4)
Employee's executive officer - An employee's district engineer,
division director, or office director, or that person's designee.
(5)
Executive director - The executive director of the department
or the executive director's designee not below the level of assistant executive
director.
(6)
Good standing - Meeting of all performance standards in
an employee's most recent performance evaluation and not being on probation.
(7)
Hardship - A serious illness, family emergency, or extenuating
circumstance that is beyond the control of the employee and that reasonably
precludes the employee from complying with an assistance agreement.
(8)
Institution - A college or university accredited by a major
regional academic accrediting agency for institutions of higher learning,
such as the Southern Association of Colleges and Schools.
(9)
Program Selection Committee - A committee that is appointed
by the executive director and that selects employees who will participate
in the full-time master's program.
§4.62.General Standards.
(a)
Applicability. This section establishes standards applicable
to all assistance unless different standards are established for a particular
program as described in §4.63 of this subchapter.
(b)
Eligibility. An employee must meet the following requirements
to be eligible for an assistance program.
(1)
The employee must be a full-time employee. Summer employees
and temporary recruitment program employees are ineligible, except for the
non-degree program.
(2)
The employee must be in good standing with the department.
(3)
The employee must complete an assistance agreement setting
forth the conditions of assistance, including the amount of the assistance,
the requirements of continued eligibility, and the employee's repayment responsibilities.
(c)
Scope of assistance.
(1)
Type of institution.
(A)
Assistance will be authorized only for courses and degrees
earned through an institution.
(B)
All courses, whether offered in person, through correspondence,
or over the internet, must be taken if possible from a public institution
in Texas.
(C)
If an employee is enrolled in a degree program in a private
institution in Texas, the employee must earn as many credits as possible at
a Texas public institution if that will reduce the amount of required assistance.
Courses, whether offered in person, through correspondence, or over the internet,
may be taken from a Texas private institution only if:
(i)
no public institution offers a comparable course that can
reasonably be attended by the employee during non-duty hours;
(ii)
no public institution offers the approved courses or degree;
(iii)
the employee cannot meet the admission requirements of
a public institution;
(iv)
the completion of the degree or course at a private institution
would cost less than at a public institution; or
(v)
the employee agrees the department will only provide the
amount of assistance that would have been required if the employee had attended
a public institution.
(D)
An employee may take a correspondence course or an internet
course offered by an out-of-state institution only if the course is not available
from any private or public institution in Texas, whether in person, as a correspondence
course, or over the internet.
(2)
Eligible expenses. The following expenses are eligible
for financial assistance:
(A)
tuition;
(B)
College Level Equivalency Program exams or similar exams
if they relate to a course that is part of the employee's approved degree
plan and if the employee scores high enough to receive college credit or a
waiver of course requirements;
(C)
life experience assessments for which the employee obtains
a credit if the credit is part of the employee's approved degree plan; and
(D)
required fees and books.
(3)
Use of state property. An employee participating in a program
may use the department's self-service copy machines, typewriters, calculators,
copy paper, and microcomputers to complete course assignments during non-duty
hours and when use does not interfere with the department's business.
(4)
Retaken courses. The department will not pay expenses incurred
to retake a course or to take a substitute for a failed course unless the
department has been reimbursed for the cost of the failed course.
(d)
Conditions of participation.
(1)
Grade verification. Each semester an employee shall provide
grade reports to the employee's executive officer to verify that the employee
received full credit for all courses.
(2)
Outside aid. An employee shall provide receipts for all
fees and shall promptly report any outside funds received. The department
will deduct any amounts received by the employee through grants, scholarships,
or other financial aid from the assistance provided to the employee.
(3)
Suspension.
(A)
The employee's executive officer may suspend an employee
for any of the following reasons.
(i)
Participation may be suspended indefinitely if an employee
is placed on disciplinary probation.
(ii)
Participation may be suspended indefinitely if the employee
does not meet any obligation or does not maintain eligibility or if the employee's
executive officer determines that the employee's participation in an assistance
program adversely affects the employee's job performance.
(iii)
An employee's participation may be suspended based on
extraordinary work requirements as determined by the employee's executive
officer.
(B)
Suspension will not be considered a failure to remain active
in the program.
(e)
Service requirement. An employee shall agree to work for
the department in return for assistance. This service requirement shall begin
30 days after the date the employee receives the degree if the employee meets
all conditions of employment and eligibility at that time.
(f)
Repayment.
(1)
Circumstances requiring repayment.
(A)
An employee who voluntarily withdraws from an assistance
program or who separates from department employment shall repay all assistance
provided by the department for courses taken under the assistance agreement.
(B)
An employee who does not meet all conditions of employment
and eligibility during a service requirement or who does not complete a service
requirement in its entirety shall repay all assistance provided by the department.
Repayment shall not be prorated or reduced because a portion of a service
requirement has been fulfilled.
(2)
Failure to pass course. An employee who does not pass a
course must repay funds provided by the department for that course. If the
employee repays the department for the course, the employee may continue in
the program. If the employee does not repay the department for the course,
no additional assistance will be provided. An employee in a continuing program
must repay the debt before the next semester to continue participation in
the assistance program.
(3)
Repayment schedule. The executive officer will establish
a repayment schedule and send a copy to the director and to the Finance Division.
Employees shall follow the repayment schedule set by the department. The repayment
schedule will consist of:
(A)
up to 60 equal monthly installments beginning 90 days after
employment or participation ceases; and
(B)
minimum installments of no less than $20 based on the employee's
ability to repay and the amount owed.
(4)
Costs of collection. An employee is liable to the department
for any reasonable expense incurred in obtaining payment, including reasonable
attorney's fees.
(5)
Credit agencies. The department may notify credit agencies
if an employee does not repay the department.
(g)
Cancellation.
(1)
Grounds. The department will cancel an employee's participation
if the employee:
(A)
withdraws from the approved institution;
(B)
is removed or prohibited from attending the approved institution;
(C)
does not comply with any term of the assistance agreement;
or
(D)
is terminated from the department while participating in
a program or before completion of a service requirement.
(2)
Resumption of eligibility. If the department cancels an
employee's participation, the employee will no longer be eligible for assistance
unless the employee has fully repaid the department and:
(A)
the employee demonstrates that the cancellation resulted
from hardship; or
(B)
two years have elapsed since the employee's participation
was canceled.
§4.63.Particular Programs.
(a)
Degree programs. The department offers two degree programs,
the job-related degree program and the non-job-related degree program. These
programs provide assistance to employees who continue to work while earning
their degrees.
(1)
In general.
(A)
Eligibility. An employee must meet the following additional
requirements to be eligible for a degree program.
(i)
The employee must have at least 12 months of service time
with the department for an undergraduate degree and at least 24 months for
a graduate degree.
(ii)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative.
(iii)
The employee's executive officer must approve the employee's
participation. If the employee is seeking a doctoral degree, the executive
director must also approve the employee's participation.
(B)
Elective courses. An employee's executive officer may reject
an elective course if it is not related to the employee's duties unless rejection
of the elective will extend the employee's time in the program. Substitutions
will not be made for any courses required for a degree.
(C)
Conditions of participation. An employee's executive officer
will reconsider the employee's participation in the program each semester.
An employee must meet the following additional standards to maintain eligibility.
(i)
The employee must be enrolled at an approved institution
and in a course of instruction leading toward an approved degree.
(ii)
The employee must be enrolled at least two semesters per
school year. The employee's executive officer may waive this requirement in
writing if a copy of the written waiver is sent to the director.
(D)
Use of state time. Department duty hours may not be used
for attending classes, studying, or other activities associated with a degree
program. An employee may use annual leave, flextime, or compensatory time
with prior written approval from the employee's supervisor. With the approval
of the employee's executive officer, an employee may change the employee's
work status from full-time to part-time to accommodate class scheduling.
(E)
Repayment. The executive director may approve a deferral
or an extension of the repayment period or the reduction or cancellation of
debt or service requirements in the best interest of the department or if
an employee demonstrates hardship. Deferral or extension of repayment does
not relieve the employee of the responsibility to repay the funds owed.
(2)
Job-related degree program.
(A)
Eligibility. To participate in the job-related degree program,
an employee must seek enrollment and participation in a field of study that:
(i)
relates to the employee's current assigned work and position;
(ii)
enables the employee to meet increased demands of the
employee's job assignment; or
(iii)
is required for the employee to progress in the employee's
career ladder.
(B)
Service requirement. An employee shall work for the department
for one year after completing the program.
(3)
Non-job-related degree program.
(A)
Eligibility. To participate in the non-job-related degree
program, an employee must seek enrollment and participation in a field of
study that meets minimum requirements for an occupation in which the department
anticipates staffing needs. The employee must have demonstrated an aptitude
through job performance and receive the approval of the employee's executive
officer and the concurrence of the director.
(B)
Service requirement. An employee shall work for the department
for two years after receiving an undergraduate degree and for three years
after receiving a graduate degree.
(b)
Full-time master's program. The department offers a full-time
master's program, under which an employee may attend school full-time while
receiving full salary.
(1)
Eligibility. An employee must meet the following additional
requirements to be eligible for the program.
(A)
The employee must have at least 5 years of service time
with the department, or for engineering disciplines, at least 4 years and
a Texas professional engineering license.
(B)
The employee must submit a statement of career goals and
research interests.
(C)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative.
(D)
The employee's executive officer must nominate the employee
and the Program Selection Committee must select the employee based on academic
qualifications and work experience.
(E)
The employee must have an undergraduate degree that is
approved as an appropriate base for the desired graduate field of study by
the Program Selection Committee.
(2)
Elective courses. The director may reject an elective course
if it is not related to the employee's duties. Substitutions will not be made
for any courses required for a degree.
(3)
Conditions of participation. The employee must be enrolled
continuously for no more than four semesters, including the summer semester
if one is offered, in an institution in a course of instruction leading to
a master's degree in the approved major field of study. The director may approve
an extension if the employee's approved course of study requires additional
time to complete.
(4)
Scope of assistance.
(A)
Eligible expenses.
(i)
The employee will continue to receive a full salary.
(ii)
The executive director may approve reimbursement for relocation
costs.
(B)
Use of state time. Department duty hours may be used for
attending classes, studying, or other activities associated with the program.
(5)
Service requirement. An employee shall work for the department
for three years after completing the program.
(6)
Repayment.
(A)
For employees not performing their duties for three or
more months while participating in the program, the repayment obligation shall
include salary not attributable to paid vacation or compensatory leave.
(B)
By minute order the Texas Transportation Commission may
approve the reduction or cancellation of debt or service requirements if an
employee demonstrates hardship.
(C)
The executive director may approve a deferral or an extension
of the repayment period if an employee demonstrates hardship. Deferral or
extension of repayment does not relieve the employee of the responsibility
to repay the funds owed.
(7)
Cancellation. The department will cancel an employee's
participation if the employee does not complete the program in the required
time, including any extensions.
(c)
Full-time degree completion program. The department offers
a full-time degree completion program, under which an employee who has already
earned substantial credits toward a bachelor's degree may attend school full-time
to complete those requirements.
(1)
Eligibility. An employee must meet the following additional
requirements to be eligible for the program.
(A)
The employee must have at least 12 months of service time
with the department.
(B)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative for the number
of credit hours required for the approved degree.
(C)
The employee's executive officer must approve the employee's
participation.
(D)
The employee must be able to complete the degree in 42
credit hours or less.
(E)
The executive director must designate the field of study
as a critical field due to a shortage of employees in jobs related to that
field of study.
(2)
Elective courses. An employee's executive officer may reject
an elective course if it is not related to the employee's duties unless rejection
of the elective will extend the employee's time in the program. Substitutions
will not be made for any courses required for a degree.
(3)
Conditions of participation.
(A)
An employee's executive officer will reconsider the employee's
participation in the program each semester. As part of this reconsideration,
the employee's executive officer will review the employee's degree plan and
course schedule to ensure that appropriate electives are selected.
(B)
The employee must be enrolled continuously for no more
than three semesters in an institution in a course of instruction leading
to a bachelor's degree in the approved major field of study. The director
may approve an extension if the employee's approved course of study requires
additional time to complete.
(C)
During each semester in which an employee is receiving
a full salary, the employee shall work full-time, attend school full-time,
or work and attend school in a combination approved by the director.
(4)
Scope of assistance.
(A)
Eligible expenses. The employee will continue to receive
a full salary.
(B)
Use of state time. Department duty hours may be used for
attending classes, studying, or other activities associated with the program.
(5)
Service requirement. An employee shall work for the department
for three years after completing the program.
(6)
Repayment.
(A)
For employees not performing their duties for three or
more months while participating in the program, the repayment obligation shall
include salary not attributable to paid vacation or compensatory leave.
(B)
By minute order the Texas Transportation Commission may
approve the reduction or cancellation of debt or service requirements if an
employee demonstrates hardship.
(C)
The executive director may approve a deferral or an extension
of the repayment period if an employee demonstrates hardship. Deferral or
extension of repayment does not relieve the employee of the responsibility
to repay the funds owed.
(7)
Cancellation. The department will cancel an employee's
participation if the employee does not complete the program in the required
time, including any extensions.
(d)
Non-degree program. The department offers a non-degree
program, under which an employee may, as part of the employee's developmental
plan, take courses to improve the employee's knowledge and skills to meet
current job requirements while continuing to work.
(1)
Eligibility. Any full-time department employee, including
a summer employee or a temporary recruitment program employee, is eligible
for the non-degree program with the approval of the employee's executive officer.
(2)
Service requirement. There is no service requirement for
a course taken under the non-degree program.
(3)
Repayment. The executive director may approve a deferral
or an extension of the repayment period or the reduction or cancellation of
debt or service requirements in the best interest of the department or if
an employee demonstrates hardship. Deferral or extension of repayment does
not relieve the employee of the responsibility to repay the funds owed.
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 December 14, 2001.
TRD-200107885
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
Subchapter E. FEDERAL, STATE, AND LOCAL PARTICIPATION
43 TAC §15.54
The Texas Department of Transportation proposes amendments
to §15.54, Construction, concerning federal, state, and local participation
in highway improvement projects.
Transportation Code, Chapter 203, provides that the Texas Transportation
Commission (commission) may layout, construct, maintain, and operate a modern
state highway system, with emphasis on the construction of controlled access
highways. To promote public safety, facilitate the movement of traffic, preserve
the public's financial investment in highways, and promote national defense,
the commission may convert where necessary an existing street, road, or highway
into a controlled access highway in accordance with modern standards of speed
and safety.
This chapter also authorizes the commission to designate a state highway
as a controlled access highway, deny access to or from a controlled access
highway, designate the location, type and extent of access to be permitted
to a controlled access highway, and to close a public or private way at or
near its intersection with a controlled access highway.
Due to the significant cost associated with the construction and maintenance
of controlled access highways, it is imperative that they provide maximum
traffic handling capacity for as long as practical. Adjacent development and
access points along controlled access highways contribute to congestion and
early deterioration of the operation of the main travel lanes, thereby reducing
the ability of the state highway system to safely and efficiently move higher
volumes of traffic. By limiting construction of new frontage roads, it is
anticipated that the capacity of the main travel lanes will be preserved by
promoting future development along parallel or perpendicular facilities. In
addition, limiting the construction of new frontage roads will allow scarce
state highway funding to be used to address other needed highway improvement
projects across the state.
The amendments remove the consideration of funding for a frontage road
in §15.54(d)(3) through (5) from the decision of whether to build a frontage
road. Elimination of these paragraphs will ensure administrative authorization
of all new frontage road construction in the state and provide more concise
requirements for inclusion of frontage road construction and provisions for
added access to new and existing controlled access facilities.
The amendments state that it is the intent of the department to not construct
frontage roads on new or existing controlled access facilities unless approved
by the executive director or designee. Frontage road construction may be approved
when needed to improve the safety and efficient operations of the state highway
corridor, there is a need to resolve a landlock condition on the remainder
of a parcel of land that has a value that exceeds the cost of the frontage
road, or if the cost to purchase the right of access control would exceed
the cost of the frontage road. Frontage roads may also be constructed when
needed to restore local circulation due to roads or streets being severed.
The commission may approve additional frontage roads when construction is
determined to be in the best interest of the state.
Where the department owns the right of access control, public or private
access will not be allowed to controlled access highways, including frontage
roads, from abutting property except in certain circumstances. Access to a
specific property will be allowed when a frontage road is constructed to resolve
a landlock condition for that property or because the cost to purchase the
access rights to that property was too great. Otherwise, the commission may
approve a site specific exception to allow access after considering the safety
and operation of the state highway corridor, prior commitments or development
based on the previous frontage road policy, and whether such access is determined
to be in the best interest of the state. Such site specific exceptions must
be approved by the commission prior to the department accepting any funds
or consideration for engineering, development, or construction of frontage
roads where it is anticipated that additional access will be requested. All
cost associated with preparing the request shall be at the sole expense of
the requestor.
James Bass, Director, Finance Division, has determined that for the first
five-year period the amendments are in effect, there will be no direct fiscal
implications for state or local governments as a result of enforcing or administering
the amendments. There are no anticipated economic costs for persons required
to comply with the amendments as proposed.
Kenneth Bohuslav, Director, Design Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the amendments as future development may occur
along parallel or perpendicular facilities. By not encouraging development
fronting the state highway corridor, freeway capacity will be maintained for
longer periods of time and system expansion can be accomplished with fewer
impacts to developed property.
Mr. Bohuslav has also determined that for each year of the first five years
the amendments are in effect, the public benefits anticipated as a result
of enforcing or administering the amendments will be to provide savings to
the state by not constructing frontage roads along controlled access facilities
and that mainlane capacity will be further preserved by this effort. There
will be no adverse effect on small businesses.
Pursuant to the Administrative Procedure Act, Government Code, Chapter
2001, the Texas Department of Transportation will conduct six public hearings
to receive comments concerning the proposed amendments. Each public hearing
will begin at 4:00 p.m. local time and last at least until 6:00 p.m. on the
following dates and at the following locations:
January 8, 2002: City of San Antonio Council Chambers; Municipal Plaza
Building, 103 Main Plaza; San Antonio, Texas 78205.
January 15, 2002: Irving Arts Center; 3333 North MacArthur Boulevard; Irving,
Texas 75062.
January 18, 2002: Houston-Galveston Area Council (HGAC); 3555 Timmons Lane;
Houston, Texas 77027.
January 22, 2002: Lubbock Chamber of Commerce; 1301 Broadway; Lubbock,
Texas 79401.
January 23, 2002: McAllen Tourist Center; 1300 South 10th Street; McAllen,
Texas 78501.
January 24, 2002: Ysleta Independent School District (YISD); Administrative
Office; 9600 Sims Drive; El Paso, Texas 79925.
These public hearings will be conducted in accordance with the procedures
specified in 43 TAC §1.5. Prior to each hearing, department employees
will be available beginning at 2:00 p.m. to conduct an open house where informal
discussion can occur to further clarify the proposed amendments. Comments
made to department staff during the open house will not be considered part
of the public comment made regarding these proposed amendments. Those desiring
to make official comments or presentations may register starting at 2:00 p.m.
Any interested persons may appear and offer comments, either orally or in
writing; however, questioning of those making presentations will be reserved
exclusively to the presiding officer as may be necessary to ensure a complete
record. While any person with pertinent comments will be granted an opportunity
to present them during the course of the hearing, the presiding officer reserves
the right to restrict testimony in terms of time and repetitive content. Organizations,
associations, or groups are encouraged to present their commonly held views
and identical or similar comments through a representative member when possible.
Comments on the proposed text should include appropriate citations to sections,
subsections, paragraphs, etc. for proper reference. Any suggestions or requests
for alternative language or other revisions to the proposed text should be
submitted in written form. Presentations must remain pertinent to the issues
being discussed. A person may not assign a portion of his or her time to another
speaker. Persons with disabilities who plan to attend this meeting and who
may need auxiliary aids or services such as interpreters for persons who are
deaf or hearing impaired, readers, large print or Braille, are requested to
contact Randall Dillard, Director, Public Information Office, 125 East 11th
Street, Austin, Texas 78701-2483, 512/463-8588 at least two working days prior
to the hearing so that appropriate services can be provided.
Written comments on the proposed amendments may be submitted to Kenneth
Bohuslav, Director, Design Division, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments is 5:00 p.m. on February 4, 2002.
The amendments are proposed for adoption 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.
No statutes, articles, or codes are affected by the proposed amendments.
§15.54.Construction.
(a)
Purpose. This section describes the conditions under which
state, federal and local financing of construction costs are to be shared.
(b)
Funding. Construction costs may be funded by the commission
at the entire expense of the department, with local participation, and/or
with federal participation, as described in §15.55 of this title (relating
to Construction Cost Participation), and in accordance with criteria set forth
by federal and state law and regulations. The local government shall also
be responsible for the total cost of any work included which is ineligible
for federal or state participation as specified in §15.52 of this title
(relating to Agreements).
(c)
Sidewalks. The department will also provide for sidewalk
construction, accomplished in accordance with the requirements of the Americans
with Disabilities Act and other applicable state and federal laws, on designated
state highway system routes:
(1)
when replacing an existing sidewalk;
(2)
where highway construction severs an existing sidewalk
system (the state will make connections within highway right of way to restore
sidewalk system continuity); or
(3)
where pedestrian traffic is causing or is expected to cause
a safety conflict.
(d)
Control of Access [
(1)
Designation. All facilities
to be developed as freeways or relief routes shall be designated by the commission
as controlled access highways pursuant to Transportation Code, Chapter 203.
The department may also designate discrete areas of control of access on non-controlled
access state highway facilities as necessary to facilitate the flow of traffic
and promote the public safety and welfare.
(2)
Access to controlled access
highways.
(A)
Existing access. It is the intent of the department
when developing expanded controlled access facilities that if a property owner
has access to the system prior to the expansion, that property owner would
have access to a frontage road on the system after development. Exceptions
under this provision would be for unusual safety or circuity situations.
(B)
New access. Public or private access will not
be allowed to controlled access highways or frontage roads, except where a
frontage road is provided under paragraph (3)(A)(i)(III) or (3)(B)(i)(III)
of this subsection or the commission approves a site specific exception.
(i)
Request for exception. Approval for a site specific
exception to allow access rights to a facility must be approved by the commission
prior to accepting any funds or consideration for engineering, development,
or construction of frontage roads for which there is an anticipation of allowing
access rights. Any cost of traffic studies of access appraisals required under
this section shall be at the sole expense and risk of those making the request.
(ii)
Approval. The commission may approve an exception
after considering:
(I)
impacts on the safety and operation of the state
highway corridor as justified by an engineering study approved by the department;
(II)
significant prior commitments or development
work based on the previous frontage road policy; and
(III)
whether access is judged to be in the best
interest of the state.
(C)
Disposal of access rights. When the commission
approves a release of access control to property adjoining the facility, the
sale or disposal of access rights shall be accomplished in accordance with §§21.101-21.104
of this title (relating to Disposal of Real Estate Interests).
(3)
Frontage road provision.
(A)
New location freeways and relief routes. For
new location freeways and relief routes, it is the intent of the department
not to construct frontage roads.
(i)
The department may approve frontage road construction
when the executive director or designee determines that:
(I)
short sections of frontage road are needed to
improve the safety and operations of the main travel lanes;
(II)
the geometric design of an interchange requires
the provision of a short section of frontage road for operational purposes;
(III)
there is no other feasible means to resolve
a landlock condition on the remainder of a parcel of land that has a value
that exceeds the cost of the frontage road;
(IV)
there is no other feasible means to restore
circulation of local traffic due to state or local roads or streets being
severed; or
(V)
frontage roads would be beneficial to the safety
and operation of the state highway corridor or the local road system as justified
by an engineering study approved by the department.
(ii)
The commission may approve frontage road construction
when they determine that such construction is in the best interest of the
state.
(B)
Existing facilities designated as controlled
access. For existing freeways and other facilities designated as controlled
access, it is the intent of the department not to construct new or additional
frontage roads.
(i)
The department may approve frontage road construction
when the executive director or designee determines that:
(I)
short sections of frontage road are needed to
improve the safety and operations of the main travel lanes;
(II)
the geometric design of an interchange requires
the provision of a short section of frontage road for operational purposes;
(III)
the anticipated cost to purchase the right
of access control would exceed the cost of the frontage road;
(IV)
there is no other feasible means to restore
circulation of local traffic due to state or local roads or streets being
severed; or
(V)
frontage roads would be beneficial to the safety
and operation of the state highway corridor or the local road system as justified
by an engineering study approved by the department.
(ii)
The commission may approve frontage road construction
when they determine that such construction is in the best interest of the
state.
(4)
Backage roads.
(A)
For purposes of this paragraph, "backage road"
means a local street or road that is generally parallel to an arterial highway
but that does not abut the highway right of way. Direct access for businesses
or properties located between the highway and the backage road is provided
to the backage road rather than the highway. Backage roads also provide access
to properties located on the opposite side of the backage road from the highway.
(B)
In those instances where backage roads are necessary
to restore circulation or can be utilized as a means to resolve a landlock
condition on a remaining parcel of land, backage roads may be included in
the freeway construction project on a standard participation basis as established
in Appendix A of §15.55(c) of this subchapter. Commission approval shall
be obtained prior to the department entering into any agreements to provide
backage roads in conjunction with a department project. Backage roads will
not be considered service projects as defined in §15.56 of this subchapter.
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(e)
Drainage Construction Costs.
(1)
In general, it shall be the duty and responsibility of
the department to construct, at its expense, a drainage system within state
highway right of way, including outfalls, to accommodate the storm water which
originates within and reaches state highway right of way from naturally contributing
drainage areas.
(2)
Where a drainage channel, man-made, natural, or a combination
of both, is in existence prior to the acquisition of highway right of way,
including right of way for widening the highway, it shall be the duty and
responsibility of the state to provide for the construction of the necessary
structures and/or channels to adjust or relocate the existing drainage channel
in such a manner that the operation of the drainage channel will not be injured.
The construction expense required shall be considered a construction item.
The acquisition of any land required to accomplish this work shall be considered
a right of way item, with cost participation to be in accordance with §15.55
of this title (relating to Construction Cost Participation).
(3)
Where an existing highway crosses an existing drainage
channel, and a political unit or subdivision with statutory responsibility
for drainage develops a drainage channel to improve its operation, both upstream
and downstream from the highway, and after the state establishes that the
drainage plan is logical and beneficial to the state highway system, and there
is no storm water being diverted to the highway location from an area which,
prior to the drainage plan, did not contribute to the channel upstream of
the highway, and after construction on the drainage channel has begun or there
is sufficient evidence to insure that the drainage plan will be implemented,
the department, at its expense, shall adjust the structure and/or channels
within the existing highway right of way as necessary to accommodate the approved
drainage plan.
(4)
Where a state highway is in existence, and there is a desire
of others to cross the existing highway at a place where there is not an existing
crossing for drainage, then those desiring to cross the highway must provide
for the entire cost of the construction and maintenance of the facility which
will serve their purpose while at the same time adequately serving the highway
traffic. The design, construction, operation, and maintenance procedures for
the facility within state highway right of way must be acceptable to the department.
(5)
In the event the local government involved expresses a
desire to join the department in the drainage system in order to divert drainage
into the system, the local government shall pay for the entire cost of collecting
and carrying the diverted water to the state's system and shall contribute
its proportional share of the cost of the system and outfall based on the
cubic feet per second of additional water diverted to it when compared to
the total cubic feet per second of water to be carried by the system. The
local government requesting the drainage diversion shall indemnify the state
against or otherwise acknowledge its responsibility for damages or claims
for damages resulting from such diversion.
(f)
Highway adjustments for reservoir construction.
(1)
Where existing highways and roads provide a satisfactory
traffic facility in the opinion of the department and no immediate rehabilitation
or reconstruction is contemplated, it shall be the responsibility of the reservoir
agency, at its expense, to replace the existing road facility disturbed by
reservoir construction in accordance with the current design standards of
the department, based upon the road classification and traffic needs.
(2)
Where no highway or road facility is in existence but where
a route has been designated for construction across a proposed reservoir area,
the department will bear the cost of constructing a satisfactory facility
across the proposed reservoir, on a line and grade for normal conditions of
topography and stream flow, and any additional expense as may be necessary
to construct the highway or road facility to line and grade to comply with
the requirements of the proposed reservoir shall be borne by the reservoir
agency.
(3)
In soil conservation and flood control projects involving
the construction of flood retarding structures where a highway or road operated
by the department will be inundated at less than calculated 50-year frequencies
by the construction of a floodwater retarding structure, it will be expected
that the soil conservation service or one of its cooperating agencies will
provide funds as necessary to raise or relocate the road above the water surface
elevation which might be expected at 50-year intervals. In those cases where
a highway or road operated by the department will not be inundated by floods
of less than 50-year calculated frequency, it will be the purpose of the department
to underwrite this hazard for the general welfare of the state and continue
to operate the road at its existing elevation until such time as interruption
and inconvenience to highway travel may necessitate raising the grade.
(g)
Irrigation crossings.
(1)
Where an irrigation facility is in existence prior to the
acquisition of highway right of way, including right of way for widening,
and the highway project will interfere with such a facility, the following
provisions shall govern.
(A)
If, at the place of interference, the irrigation facility
consists primarily of an irrigation canal which crosses the entire width of
the proposed right of way, this shall be considered a crossing and it shall
be the duty and responsibility of the department to construct and maintain
an adequate structure and to make the necessary adjustments or relocations
of minor laterals and pumps, etc., associated with the crossing, in such a
manner that the operation of the irrigation facility will not be injured.
The construction work at a crossing will be considered a construction item
with the expense to be borne by the department. The acquisition of any land
required to accomplish the adjustments and/or relocation shall be a right
of way consideration.
(B)
Any irrigation facility encountered which does not cross
the right of way and consists primarily of a longitudinal canal and/or associated
irrigation appurtenances such as pumps, gates, etc., which must be removed
and relocated shall be considered a right of way item.
(C)
In those cases where both crossing and longitudinal adjustments
or relocation of irrigation facilities are encountered, each segment shall
be classified in accordance with subparagraph (A) and (B) of this paragraph.
(2)
Where a highway is in existence, and there is a desire
of others to cross the existing highway with an irrigation facility at a highway
point where there is not an existing crossing facility, then those desiring
to cross the highway must provide for the entire cost of the construction
and maintenance of the irrigation facility which will serve their purpose
while at the same time adequately serve the highway traffic. The design, construction,
operation, and maintenance procedures for the facility within highway right
of way must be acceptable to the department.
(h)
Continuous and safety lighting systems and traffic signals.
For the installation, maintenance, and operation of continuous and safety
lighting systems and traffic signals, the local government shall be responsible
for providing matching funds as shown in Appendix A of §15.55 of this
title (relating to Construction Cost Participation), except as adjusted under
that section. Such installation, maintenance, and operation shall be accomplished
in accordance with §25.5 of this title (relating to Installation, Operation,
and Maintenance of Traffic Signals) and §25.11 of this title (relating
to Continuous and Safety Lighting Systems).
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 December 14, 2001.
TRD-200107886
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
The Texas Department of Transportation proposes amendments to §§17.1-17.3,
concerning motor vehicle certificates of title, and §§17.21, 17.22,
and 17.52, concerning motor vehicle registration.
EXPLANATION OF PROPOSED AMENDMENTS
House Bill 642, 77th Legislature, 2001, amended Transportation Code, Chapter
501, to eliminate the requirement that a "Duplicate Original" certificate
of title be issued and mailed to the recorded owner of a motor vehicle when
a lien is recorded on a certificate of title. Transportation Code, Chapter
501, was also amended by eliminating the term "Original" when referring to
the negotiable certificate of title; to allow use of a registration receipt
or title receipt to evidence title; and to allow the department to provide,
by rule, for issuance of a receipt for registration purposes only.
House Bill 2134, 77th Legislature, 2001, added Transportation Code §501.0276,
amended Transportation Code §502.009, and added Transportation Code §502.1535,
relating to vehicle emissions tests on resale in affected counties.
House Bill 2217, 77th Legislature, 2001, added Transportation Code, §501.036,
to allow the issuance of a certificate of title for farm semitrailers with
a gross weight of more than 4,000 pounds that are registered in accordance
with Transportation Code, §502.276. Previously, farm semitrailers were
exempt from the Certificate of Title Act.
House Bill 2204, 77th Legislature, 2001, exempts electric bicycles from
the need to be registered.
House Bill 1378, 77th Legislature, 2001, exempts motorized mobility devices
from the need to be registered.
House Bill 2409, 76th Legislature, 1999, amended Transportation Code, §548.256,
to eliminate the requirement of an identification certificate before a vehicle
is titled and to create exceptions to the need for an identification certificate
before a vehicle is registered.
Senate Bill 432, 76th Legislature, 1999, permitted owners to specify registration
periods under some circumstances.
Throughout the affected sections, terms and cross-references have been
updated, grammar has been improved, and language has been simplified and clarified.
Section 17.1 is amended to update the citation to the Certificate of Title
Act and to remove unnecessary verbiage.
Existing §17.2(5) is amended to clarify that the bond release letter
requirements apply only to motor vehicles that are imported into the United
States.
Existing §17.2(22) is amended to delete the definition of importer.
This definition is not currently used in the rules.
Existing §17.2(32) is amended to clarify that motor vehicle importation
forms refer only to vehicles that are imported into the United States.
Existing §17.2(33) and (37) is amended to delete the definitions of
negotiable and non-negotiable titles. This distinction was eliminated by HB
642.
Section §17.3(a)(2)(D) is added and §17.3(a)(3)(B) and §17.3(a)(4)
are amended to conform the rules to HB 2217, which allowed certificates of
title to be issued to farm semitrailers with a gross weight of more than 4,000
pounds if they are registered in accordance with Transportation Code, §502.276.
Section 17.3(b)(4)(C) is amended by clarifying that applicants for a certificate
of title must provide proof of financial responsibility.
Existing §17.3(b)(4)(D) is amended to conform the rules to HB 2409,
76th Legislature, 1999.
Section 17.3(c)(3) is amended to clarify that it refers only to vehicles
imported into the United States.
Section 17.3(d) is amended throughout to conform the rules to HB 642, which
abolished non-negotiable or duplicate certificates of title.
Section 17.3(d)(1) is amended to eliminate the reference to an original
certificate of title.
Section 17.3(d)(2) is amended to permit a title application receipt to
be used as evidence of title, except for purposes of transferring an ownership
interest or establishing a lien. Because title and registration receipts are
always issued on receipt of an application, the explanations in §17.3(d)(2)(A)
and (B) are no longer necessary.
Existing §17.3(e)(4) is deleted because the information is clearly
set forth in Transportation Code, §501.134.
Existing §17.21(8) and (9) is deleted and is replaced by new §17.21(31)
and (47) to place the definitions in alphabetical order without inverting
the normal word order. The definitions are altered to conform more closely
to those contained in Transportation Code, §502.001.
New §17.21(17) is added to conform the rules to HB 2204 and to define
electric bicycle.
Existing §17.21(24) is revised to include former military vehicles
in the definition of exhibition vehicles, as specified in Transportation Code, §502.275.
New §17.21(32) is added to conform the rules to HB 1378 and to define
motorized mobility device.
Existing §17.21(34) is amended to delete the definition of official.
This definition is not currently used in the rules.
Section 17.21(35) is amended to conform the definition of owner more closely
to the definition contained in Transportation Code, §502.001.
Section 17.21(38) is amended to conform the rules to SB 432, 76th Legislature,
1999, by allowing registration periods of variable length.
Existing §17.21(49) is amended to conform the definition of tow truck
more closely to the definition contained in Transportation Code, §502.281.
Existing §17.21(52) is amended to conform the definition of vehicle
more closely to the definition contained in Transportation Code, §502.001.
New §17.22(b)(4) is added to conform the rules to HB 642 and to provide
criteria for initial registration when the applicant is not simultaneously
applying for a certificate of title. The necessary information is consistent
with the information ordinarily submitted in connection with a combined application
for title and registration. The new paragraph makes clear that a registration
receipt cannot be used to transfer ownership or create a lien.
Section 17.22(f)(2) is amended to conform the rules to HB 2409, 76th Legislature,
1999.
Existing §17.52(b)(3) and (4) is deleted and is replaced by new §17.52(1)
and (7) to conform more closely to the terminology used in HB 2134 and elsewhere
in the section.
Section 17.52(d) is added to conform the rules to HB 2134. It provides
that a vehicle is not eligible for a title receipt, a certificate of title,
or registration in an affected county unless proof is presented to the county
assessor-collector that the vehicle has passed the emissions test. An exemption
is provided for vehicles used fewer than 60 days in an affected county.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the amendments are in effect, there will be fiscal implications
for state or local governments as a result of enforcing or administering the
amendments. The effect on state government for Fiscal Years 2002-2006 will
be an estimated annual reduction in cost to the state of $882,000. There will
be no fiscal implications for local governments. There are no anticipated
economic costs for persons 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 amendments.
PUBLIC BENEFIT
Mr. Dike has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the amendments will be to provide the public with
current and accurate information regarding vehicle emission tests on resale,
issuance of certificates of title, and for filing of applications for registration
purposes only. The amendments will also provide a permissive issuance of a
certificate of title for those farm semitrailers with a gross weight of more
than 4,000 pounds that are registered in compliance with Transportation Code, §501.036.
Another benefit will be to provide for the use of electric bicycles and motorized
mobility devices without registration. There will be no adverse economic effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Jerry L.
Dike, Director, Vehicle Titles and Registration Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on January 28, 2002.
Subchapter A. MOTOR VEHICLE CERTIFICATES OF TITLE
43 TAC §§17.1 - 17.3
STATUTORY AUTHORITY
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, Chapter 501, which authorizes
the department to carry out the provisions of those laws governing issuance
of motor vehicle certificates of title, and Transportation Code, Chapter 502
which authorizes the department to carry out the provisions of those laws
governing issuance of motor vehicle registration.
No statutes, articles, or codes are affected by the proposed amendments.
§17.1.Purpose and Scope.
The Certificate of Title Act,
Transportation Code, Chapter 501
[
§17.2.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Actual cash value - The market value of a motor vehicle
as determined:
(A)
from publications commonly used by the automotive and insurance
industries to establish the value of motor vehicles; or
(B)
if the entity determining the value is an insurance company,
by any other procedure recognized by the insurance industry, including market
surveys, that is applied by the company in a uniform manner.
(2)
Automobile recycler - A person in the business of dealing
in salvage motor vehicles for the purpose of dismantling the vehicles to sell
used parts, or a person otherwise engaged in the business of acquiring, selling,
or dealing in salvage parts for reuse or resale as parts. The term includes
a dealer in used motor vehicle parts.
(3)
Alias - The name of a vehicle owner reflected on
a
[
(4)
Alias certificate of title - A title document issued by
the department for a vehicle that is used by an exempt law enforcement agency
in covert criminal investigations.
(5)
Bond release letter - Written notification from the United
States Department of Transportation authorizing United States Customs to release
the bond posted for
a
[
(6)
Casual sale - The sale at auction of not more than one
nonrepairable motor vehicle or new or late model salvage motor vehicle to
the same person during a calendar year.
(7)
Certificate of title - A written instrument that may be
issued solely by and under the authority of the department and that reflects
the transferor, transferee, vehicle description, license plate and lien information,
and rights of survivorship agreement as specified in this subchapter or as
required by the department.
(8)
Certificate of title application - A form prescribed by
the division director that reflects the information required by the department
to create a motor vehicle title record.
(9)
Date of sale - The date of the transfer of possession of
a specific vehicle from a seller to a purchaser.
(10)
Department - The Texas Department of Transportation.
(11)
Distributor - A person engaged in the business of selling
to a dealer motor vehicles bought from a manufacturer.
(12)
Division director - The director of the department's Vehicle
Titles and Registration Division.
(13)
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 who by law possesses the authority to conduct
covert criminal investigations.
(14)
Exempt agency - A governmental body exempt by law from
paying registration fees for motor vehicles.
(15)
Federal motor vehicle safety standards - Motor vehicle
safety requirements promulgated by the United States Department of Transportation,
National Highway Traffic Safety Administration, set forth in Title 49, Code
of Federal Regulations.
(16)
First sale - A bargain, sale, transfer, or delivery with
intent to pass an interest, other than a lien, and accompanied by registration,
of a motor vehicle that has not been previously registered in this state or
elsewhere.
(17)
Flood damage - A remark that is initially indicated on
a salvage or nonrepairable motor vehicle certificate of title to denote that
the damage to the vehicle was caused exclusively by flood and that is carried
forward
on
[
(18)
House moving dolly - An apparatus consisting of metal
beams and axles used to move houses. House moving dollies, by nature of their
construction and use, actually form [
(19)
House trailer - A vehicle without automotive power designed
for human habitation
,
[
(20)
Identification certificate - A form issued by an inspector
of an authorized safety inspection station [
(21)
Implements of husbandry - Farm implements, machinery,
and tools used in tilling the soil, including self-propelled machinery specifically
designed or especially adapted for applying plant food materials or agricultural
chemicals. This term does not include an implement unless it is designed or
adapted for the sole purpose of transporting farm materials or chemicals
.
This term does not include
[
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(A)
the engine;
(B)
the transmission;
(C)
the frame;
(D)
the right or left front fender;
(E)
the hood;
(F)
a door allowing entrance to or egress from the passenger
compartment of the vehicle;
(G)
the front or rear bumper;
(H)
the right or left quarter panel;
(I)
the deck lid, tailgate, or hatchback;
(J)
the cargo box of a pickup truck;
(K)
the cab of a truck; or
(L)
the body of a passenger vehicle.
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
[
(32)
[
(33)
[
(34)
[
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(51)
Semitrailer
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(A)
Individual applicant. If the applicant is an individual,
verifiable proof consists of a copy of a current photo identification issued
by this state or by the United States.
(B)
Business applicant. If the applicant is a business, verifiable
proof consists of a letter of signature authority on original letterhead,
a business card, or a copy of employee identification and a copy of current
photo identification issued by this state or by the United States.
(C)
Power of attorney. If the applicant is a person in whose
favor a power of attorney has been executed by the owner or lienholder, verifiable
proof consists of the documentation required under subparagraphs (A) or (B)
of this subsection both for the owner or lienholder and for the person in
whose favor the power of attorney is executed.
§17.3.Motor Vehicle Certificates of Title.
(a)
Certificates of title. Unless otherwise exempted by law
or this chapter, the owner of any vehicle that is required to be registered
in accordance with Transportation Code, Chapter 502, shall apply for a Texas
certificate of title in accordance with Transportation Code, Chapter 501.
(1)
Motorcycles, motor-driven cycles, and mopeds.
(A)
The title requirements of a motorcycle are the same requirements
prescribed for any motor vehicle.
(B)
A motorcycle, motor-driven cycle, or moped designed for
or used exclusively on golf courses is not classified as a motor vehicle and,
therefore, title cannot be issued until the unit is registered.
(C)
A vehicle that meets the criteria for a moped and has been
certified as a moped by the Department of Public Safety will be registered
and titled as a moped. If the vehicle does not appear on the list of certified
mopeds published by that agency, the vehicle will be treated as a motorcycle
for title and registration purposes.
(D)
A motor installed on a bicycle must be certified by the
Department of Public Safety before the vehicle may be classified as a moped.
(2)
Farm vehicles.
(A)
The term motor vehicle does not apply to implements of
husbandry, which may not be titled.
(B)
Farm tractors owned by agencies exempt from registration
fees in accordance with Transportation Code, §502.202, are required to
be titled and registered with "Exempt" license plates issued in accordance
with Transportation Code, §502.201.
(C)
Farm tractors used as road tractors to mow rights of way
or used to move commodities over the highway for hire are required to be registered
and titled.
(D)
Farm semitrailers with a gross
weight of more than 4,000 pounds that are registered in accordance with Transportation
Code, §502.276, may be issued Texas certificates of title.
(3)
Exemptions from title. Vehicles registered with the following
distinguishing license plates may not be titled under Transportation Code,
Chapter 501:
(A)
vehicles eligible for machinery license plates
and
permit license plates
in accordance with Transportation Code, §502.276[
(B)
vehicles eligible for farm trailer license plates in accordance
with Transportation Code, §502.163
, with the exception of farm semitrailers
with a gross weight of more than 4,000 pounds as referenced in subsection
(a)(2)(D) of this section.
[
[
(4)
Trailers, semitrailers, and house trailers. Owners of trailers
and semitrailers shall apply for and receive a Texas certificate of title
for any stand alone (full) trailer, including homemade full trailers, having
an empty weight in excess of 4,000 pounds or any semitrailer having a gross
weight in excess of 4,000 pounds.
Farm semitrailers with a gross weight
of more than 4,000 pounds that are registered in accordance with Transportation
Code, §502.276, may be issued Texas certificates of title.
House
trailer-type vehicles must meet the criteria outlined in subparagraph (C)
of this paragraph [
(A)
In the absence of a manufacturer's rated carrying capacity
for a trailer or semitrailer, the rated carrying capacity will not be less
than one-third of its empty weight.
(B)
Mobile office trailers, mobile oil field laboratories,
and mobile oil field bunkhouses are not designed as dwellings, but are classified
as commercial semitrailers and must be registered and titled as commercial
semitrailers if operated
on
[
(C)
House trailer-type vehicles and camper trailers must meet
the following criteria in order to be titled.
(i)
A house trailer-type vehicle designed for living quarters
and that is eight body feet or more in width or forty body feet or more in
length (not including the hitch), is classified as a mobile home and is titled
under the Texas Manufactured Housing Standards Act, Texas Civil Statutes,
Article 5221f, administered by the Department of Housing and Community Affairs.
(ii)
A house trailer-type vehicle that is less than eight feet
in width and less than forty feet in length is classified as a travel trailer
and shall be registered and titled.
(iii)
A camper trailer shall be titled as a house trailer and
shall be registered with travel trailer license plates.
(b)
Initial application for certificate of title.
(1)
Place of application. When motor vehicle ownership is transferred,
except as provided by Transportation Code, Chapters 501 and 502 and by §17.8(a)(1)
of this subchapter, a certificate of title application must be filed with
the county tax assessor-collector in the county in which the applicant resides
or in the county in which the motor vehicle was purchased or encumbered, within
20 working days of the date of sale.
(2)
Information to be included on application. An applicant
for an initial certificate of title must file an application on a form prescribed
by the department. The form will at a minimum require the:
(A)
motor vehicle description including, but not limited to,
the motor vehicle's:
(i)
year;
(ii)
make;
(iii)
model;
(iv)
identification number;
(v)
body style;
(vi)
manufacturer's rated carrying capacity in tons for commercial
motor vehicles; and
(vii)
empty weight;
(B)
license plate number, if the motor vehicle is subject to
registration under Transportation Code, Chapter 502;
(C)
[
(D)
previous owner's name and city and state of residence;
(E)
name and complete address of the applicant;
(F)
name and mailing address of any lienholder and the date
of lien, if applicable;
(G)
signature of the seller of the motor vehicle or the seller's
authorized agent and the date the certificate of title application was signed;
(H)
signature of the applicant or the applicant's authorized
agent and the date the certificate of title application was signed; and
(I)
applicant's social security number, if the application
is filed in a county in which the department's automated registration and
title system has been implemented, with the following exceptions:
(i)
an application filed in the name of an entity that does
not have a social security number, or
(ii)
an individual applicant who does not have a social security
number, in which case the applicant must execute a statement to that effect
on a form prescribed by the department.
(3)
Serial number. If no serial number is die-stamped by the
manufacturer on a motor vehicle, house trailer, trailer,
semitrailer
[
(4)
Accompanying documentation. The certificate of title application
must be supported by, at a minimum, the following documents:
(A)
evidence of vehicle ownership, as described in subsection
(c) of this section;
(B)
an odometer disclosure statement properly executed by the
seller of the motor vehicle and acknowledged by the purchaser, if applicable;
(C)
proof of financial responsibility
in the applicant's name, as required by Transportation Code, §502.153,
unless otherwise exempted by law; and
(D)
an
[
(E)
[
(i)
A
[
(ii)
A lien recorded on out-of-state evidence as described
in subsection (c) of this section is not required to be released when there
is no transfer of ownership from an out-of-state title and the same lienholder
is being recorded on the Texas application as is recorded on the out-of-state
title.
(c)
Evidence of motor vehicle ownership. Evidence of motor
vehicle ownership properly assigned to the applicant must accompany the certificate
of title application. Evidence must include, but is not limited to, the following
documents.
(1)
New motor vehicles. A manufacturer's certificate of origin
assigned by the manufacturer or the manufacturer's representative or distributor
to the original purchaser is required for a new motor vehicle that is sold
or offered for sale.
(A)
The manufacturer's certificate of origin must be in the
form prescribed by the division director and must contain, at a minimum, the
following information:
(i)
motor vehicle description including, but not limited to,
the motor vehicle's year, make, model, identification number, body style and
empty weight;
(ii)
the manufacturer's rated carrying capacity in tons when
the manufacturer's certificate of origin is invoiced to a licensed Texas motor
vehicle dealer and is issued for commercial motor vehicles as that term is
defined in Transportation Code, Chapter 502; and
(iii)
a statement identifying a motor vehicle designed by the
manufacturer for off-highway use only.
(B)
When a motor vehicle manufactured in another country is
sold directly to a person other than a manufacturer's representative or distributor,
the manufacturer's certificate of origin must be assigned to the purchaser
by the
seller
[
(2)
Used motor vehicles. A certificate of title issued by the
department, a certificate of title issued by another state if the motor vehicle
was last registered and titled in another state, or other evidence of ownership
must be relinquished in support of the certificate of title application for
any used motor vehicle. A letter of Title and Registration verification is
required from a vehicle owner coming from a state that no longer titles vehicles
after a certain period of time.
(3)
Motor
[
(A)
the motor vehicle registration certificate or other verification
issued by a foreign country reflecting the name of the applicant as the motor
vehicle owner, or reflecting that legal evidence of ownership has been legally
assigned to the applicant; and
(B)
for motor vehicles that are less than 25 years old, proof
of compliance with United States Department of Transportation (USDOT) regulations,
including, but not limited to, the following documents:
(i)
the original bond release letter with all attachments advising
that the motor vehicle meets federal motor vehicle safety requirements or
a letter issued by the USDOT, National Highway Traffic Safety Administration,
verifying the issuance of the original bond release letter;
(ii)
a legible copy of the motor vehicle importation form validated
with an original United States Customs stamp, date, and signature as filed
with the USDOT confirming the exemption from the bond release letter required
in clause (i) of this subparagraph, or a copy thereof certified by United
States Customs;
(iii)
a verification of motor vehicle inspection by United
States Customs certified on its letterhead and signed by its agent verifying
that the motor vehicle complies with USDOT regulations;
(iv)
a written confirmation that a physical inspection of the
safety certification label has been made by the department and that the motor
vehicle meets United States motor vehicle safety standards;
(v)
the original bond release letter, verification thereof,
or written confirmation from the previous state verifying that a bond release
letter issued by the USDOT was relinquished to that jurisdiction, if the non
United States standard motor vehicle was last titled or registered in another
state for one year or less; or
(vi)
verification from the vehicle manufacturer on its letterhead
stationary.
(4)
Alterations to documentation. An alteration to a registration
receipt, certificate of title, manufacturer's certificate, or other evidence
of ownership constitutes valid reason for the rejection of any transaction
to which altered evidence is attached.
(A)
Altered lien information on any surrendered evidence of
ownership requires a release from the original lienholder or a statement from
the proper authority of the state in which the lien originated. The statement
must verify the correct lien information.
(B)
A strikeover that leaves any doubt about the legibility
of any digit in any document will not be accepted.
(C)
A corrected manufacturer's certificate of origin will be
required if the manufacturer's certificate of origin contains an:
(i)
incomplete or altered vehicle identification number;
(ii)
alteration or strikeover of the vehicle's [
(iii)
alteration or strikeover to the body style, or omitted
body style on the manufacturer's certificate of origin; or
(iv)
alteration or strikeover to the manufacturer's rated carrying
capacity.
(D)
A Statement of Fact may be requested to explain errors,
corrections, or conditions from which doubt does or could arise concerning
the legality of any instrument. A Statement of Fact will be required in all
cases:
(i)
in which
[
(ii)
of alteration or erasure on a Dealer's Reassignment of
Title.
(5)
Rights of survivorship. A signed "rights of survivorship"
agreement may be executed by a natural person acting in an individual capacity
in accordance with Transportation Code, §501.031.
(d)
Certificate of title issuance.
On
[
(1)
Titles
[
(2)
Receipt. The receipt issued at the time of application
for title
[
[
[
(e)
Replacement of certificate of title. If a certificate of
title is lost or destroyed, the department will issue a certified copy of
the title to the owner, the lienholder, or a verified agent of the owner or
lienholder in accordance with Transportation Code, Chapter 501,
on
[
(1)
Certified copy.
(A)
Issuance. An application for a certified copy must be properly
executed and supported by appropriate verifiable proof for the vehicle owner,
lienholder, or agent regardless of whether the application is submitted in
person or by mail.
(i)
If the applicant requests that a certified copy be issued
before the fourth business day following application, the application must
be made in person.
(ii)
An applicant other than the vehicle owner, lienholder,
or verified agent must apply for a certified copy of a certificate of title
by mail.
(B)
Denial. If issuance of a certified copy is denied, the
applicant may resubmit the request with the required verifiable proof or may
pursue the privileges available in subsection (g)(2)(A) and (B) of this section.
(2)
Certified copy designation. A certified copy of an existing
certificate of title will be marked "Certified Copy" until ownership of the
vehicle is transferred, when the words "Certified Copy" will be eliminated
from the new certificate of title.
(3)
Fees. The fee for obtaining a certified copy of a certificate
of title is $2.00 if the application is processed at the department's headquarters
office and $5.45 if the application is processed at one of the department's
regional offices.
[
(f)
Department notification of second hand vehicle transfers.
A transferor of a motor vehicle may voluntarily make written notification
to the department of the sale of the vehicle, in accordance with Transportation
Code, Chapter 520, Subchapter C, and this subsection.
(1)
Notification form. The department will provide a form for
written notice of transfer. The form will include the:
(A)
vehicle identification number of the vehicle;
(B)
license plate number issued to the vehicle, if any;
(C)
full name and address of the transferor;
(D)
full name and address of the transferee;
(E)
date the transferor delivered possession of the vehicle
to the transferee;
(F)
signature of the transferor; and
(G)
date the transferor signed the form.
(2)
Records.
On
[
(3)
Ownership of transferred vehicle. After the date of the
transfer of the vehicle as shown in the department records, the transferee
of the vehicle is rebuttably presumed to be:
(A)
the owner of the vehicle; and
(B)
subject to civil and criminal liability arising out of
the use, operation, or abandonment of the vehicle, to the extent that ownership
of the vehicle subjects the owner of the vehicle to criminal or civil liability
under another provision of the law.
(4)
Certificate of title issuance. A certificate of title will
not be issued in the name of a transferee until the transferee files an application
for the certificate of title as described in this section.
(g)
Suspension, revocation, or refusal to issue Certificates
of Title.
(1)
Grounds for title suspension, revocation, or refusal to
issue. The department will refuse issuance of a certificate of title, or having
issued a certificate of title, will suspend or revoke the certificate of title
if the:
(A)
application contains any false or fraudulent statement;
(B)
applicant has failed to furnish required information requested
by the department;
(C)
applicant is not entitled to the issuance of a certificate
of title under Transportation Code, Chapter 501;
(D)
department has reasonable grounds to believe that the vehicle
is a stolen or converted vehicle or that the issuance of a certificate of
title would constitute a fraud against the rightful owner or a
lienholder
[
(E)
registration of the vehicle stands suspended or revoked;
or
(F)
required fee has not been paid.
(2)
Contested case procedure. Any person who has an interest
in a motor vehicle to which the department has refused to issue a certificate
of title or has suspended or revoked the certificate of title may contest
the department's decision in accordance with Transportation Code, §501.052
and §501.053, in the following manner.
(A)
Hearing. Any person who has an interest in a motor vehicle
to which the department has refused to issue a certificate of title or has
suspended or revoked the certificate of title may apply for a hearing to the
designated agent of the county in which the applicant resides. At the hearing
the applicant and the department may submit evidence, and a ruling of the
designated agent will bind both parties. An applicant wishing to appeal the
ruling of the designated agent may do so to the County Court of the county
in which the applicant resides.
(B)
Alternative to hearing. In lieu of a hearing, any person
who has an interest in a motor vehicle to which the department has refused
to issue a certificate of title or has suspended or revoked a certificate
of title may file a bond with the department, in an amount equal to one and
one-half times the value of the vehicle as determined by the department, and
in a form prescribed by the department.
On
[
(h)
Discharge of lien. A lienholder shall provide the owner,
or the owner's designee, a discharge of the lien after receipt of the final
payment within the time limits specified in Transportation Code, Chapter 501.
The lienholder shall submit one of the following documents:
(1)
the certificate of title including an authorized signature
in the space reserved for release of lien;
(2)
a release of lien form prescribed by the department, with
the form filled out to include the:
(A)
certificate of title or document number, or a description
of the motor vehicle including, but not limited to, the motor vehicle's:
(i)
year;
(ii)
make;
(iii)
vehicle identification number; and
(iv)
license plate number, if the motor vehicle is subject
to registration under Transportation Code, Chapter 502;
(B)
printed name of lienholder;
(C)
signature of lienholder or an authorized agent;
(D)
printed name of the authorized agent if the agent's signature
is shown;
(E)
telephone number of lienholder; and
(F)
date signed by the lienholder;
(3)
signed and dated correspondence submitted on company letterhead
that includes:
(A)
a statement that the lien has been paid;
(B)
a description of the vehicle as indicated in paragraph
(2)(A) of this subsection;
(C)
a certificate of title or document number; or
(D)
lien information;
(4)
any out-of-state prescribed release of lien form, including
an executed release on a lien entry form;
(5)
out-of-state evidence with the word "Paid" or "Lien Satisfied"
stamped or written in longhand on the face, followed by the name of the lienholder,
countersigned or initialed by an agent, and dated; or
(6)
original security agreements or copies of the original
security agreements if the originals or copies are stamped "Paid" or "Lien
Satisfied" with a company paid stamp or if they contain a statement in longhand
that the lien has been paid followed by the company's name.
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 December 14, 2001.
TRD-200107887
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§17.21, 17.22, 17.52
STATUTORY AUTHORITY
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, Chapter 501, which authorizes
the department to carry out the provisions of those laws governing issuance
of motor vehicle certificates of title, and Transportation Code, Chapter 502
which authorizes the department to carry out the provisions of those laws
governing 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.
(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)
Apportioned license plate - A license plate issued in lieu
of a truck license plate or combination license plate to a motor carrier in
this state who proportionally registers a vehicle owned by the carrier in
one or more other states.
(6)
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.
(7)
Border commercial zone - A commercial zone established
under Title 49, C.F.R., Part 372
that
[
[
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
Electric bicycle - A device
that has two tandem wheels and is designed to be propelled by an electric
motor. An electric bicycle cannot attain a speed of more than 20 miles per
hour without the application of human power and weighs 100 pounds or less.
(18)
[
(19)
[
(A)
a liability insurance policy or liability self-insurance
or pool coverage document issued in at least the minimum amount required by
law;
(B)
a personal automobile insurance policy used as evidence
of financial responsibility, written for at least the term required by the
Insurance Code, Article 5.06;
(C)
a standard proof of liability form issued by a liability
insurer;
(D)
an insurance binder that confirms that the owner is in
compliance with the law;
(E)
a certificate issued by the Texas Department of Public
Safety that shows the vehicle is covered by self-insurance;
(F)
a certificate issued by the state treasurer that shows
that the owner has money or securities in an amount not less than $55,000
on deposit with the state treasurer;
(G)
a certificate issued by the Texas Department of Public
Safety that shows that the vehicle has a bond
on file with that department
,
that the bond is
in the form and amount required by law,
and that the
[
(H)
a certificate issued by the county judge in the county
where the owner resides showing that the owner has cash or a cashier's check
in an amount not less than $55,000 on deposit with the county judge.
(20)
[
(21)
[
(22)
[
(23)
[
(A)
An assembled complete passenger car, truck,
or motorcycle
that
[
[
(1)
[
(2)
[
(3)
[
(4)
[
(B)
A Former Military Vehicle as
defined in Transportation Code, §502.275.
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
Motor bus - A motor-propelled
vehicle used to transport persons on public highways for compensation, other
than a street or suburban bus.
(32)
Motorized mobility device
- A device designed for transportation of persons with physical disabilities
that:
(A)
has three or more wheels;
(B)
is propelled by a battery-powered motor;
(C)
has not more than one forward gear; and
(D)
is not capable of speeds exceeding eight miles
per hour.
(33)
[
(34)
[
[
(35)
Owner -
A person who holds the legal title to a vehicle,
has the legal right to possess a vehicle, or has the legal right to control
a vehicle.
[
(36)
Passenger car - In accordance with Transportation Code, §502.001,
any motor vehicle other than a motorcycle, golf cart, or a bus, designed or
used primarily for the transportation of persons.
(37)
Political subdivision - A county, municipality, local
board, or other body of this state having authority to provide a public service.
(38)
Registration period -
A designated period during
which registration is valid. A registration period always begins on the first
day of a calendar month and ends on the last day of a calendar month.
[
(39)
Rental fleet - A fleet of five or more vehicles that are
owned by the same owner, offered for rent or rented without drivers, and designated
by the owner in the manner prescribed by the department as a rental fleet.
(40)
Rental trailer - A utility trailer that has a gross weight
of 4,000 pounds or less and is part of a rental fleet.
(41)
Road tractor - A vehicle designed for the purpose of mowing
the right of way of a public highway or a motor vehicle designed or used for
drawing another vehicle or a load and not constructed to carry:
(A)
an independent load; or
(B)
a part of the weight of the vehicle and load to be drawn.
(42)
Service agreement - A contractual agreement
that
[
(43)
Special category license plate - A special design license
plate issued by the department under statutory authority.
(44)
Special category license plate fee - Statutorily or department
required fee payable
on
[
(45)
Special district - A political subdivision of the state
established to provide a single public service within a specific geographical
area.
(46)
Sponsoring entity - An institution, college, university,
sports team, or any other individual or group that desires to support a particular
special category license plate by coordinating the collection and submission
of the prescribed applications and associated license plate fees or deposits
for that particular license plate.
(47)
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.
(48)
[
(49)
[
(A)
A
semitrailer that has a gross weight of more
than 6,000 pounds and is operated in combination with a truck; or
(B)
a
truck tractor that has been issued an apportioned
license plate, a combination license plate, or a forestry vehicle license
plate.
(50)
[
(51)
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
§17.22.Motor Vehicle Registration.
(a)
Registration. Unless otherwise exempted by law or this
chapter, a vehicle to be used
on
[
(b)
Initial application for vehicle registration.
(1)
An applicant for initial vehicle registration must file
an application on a form prescribed by the department. The form will at a
minimum require:
(A)
the signature of the owner;
(B)
the motor vehicle description, including, but not limited
to, the motor vehicle's year, make, model, vehicle identification number,
body style, manufacturer's rated carrying capacity in tons for commercial
motor vehicles, and empty weight;
(C)
the license plate number;
(D)
the odometer reading, or the word "exempt" if the motor
vehicle is exempt from federal and state odometer disclosure requirements;
(E)
the name and complete address of the applicant; and
(F)
the name, mailing address, and date of any liens.
(2)
The application must be accompanied by the following documents:
(A)
evidence of vehicle ownership as specified in Transportation
Code, §501.030, unless the vehicle has been issued a salvage or nonrepairable
motor vehicle certificate of title in accordance with Transportation Code,
Chapter 501, Subchapter E;
(B)
registration fees prescribed by law;
(C)
any local fees or other fees prescribed by law and collected
in conjunction with registering a vehicle;
(D)
evidence of financial responsibility required by Transportation
Code, §502.153, unless otherwise exempted by law; and
(E)
any other documents or fees required by law.
(3)
An initial application for registration must be filed with
the tax assessor-collector of the county in which the owner resides, except
that an application for registration as a prerequisite to filing an application
for certificate of title may also be filed with the county tax assessor-collector
in the county in which the motor vehicle is purchased or encumbered.
(4)
The recorded owner of a vehicle
that was last registered or titled in another jurisdiction and is subject
to registration in this state may apply for registration if the owner cannot
or does not wish to relinquish the negotiable out-of-state evidence of ownership
to obtain a Texas certificate of title. On receipt of a form prescribed by
the department and payment of the statutory fee for a title application and
any other applicable fees, the department will issue a registration receipt
to the applicant.
(A)
Registration receipt. The receipt issued at
the time of application may serve as proof of registration and evidences title
to a motor vehicle for registration purposes only, but may not be used to
transfer any interest or ownership in a motor vehicle or to establish a lien.
(B)
Information to be included on the form. The
form will include the:
(i)
out-of-state title number, if applicable;
(ii)
out-of-state license plate number, if applicable;
(iii)
state or country that issued the out-of-state
title or license plate;
(iv)
lienholder name and address as shown on the
out-of-state evidence, if applicable;
(v)
statement that negotiable evidence of ownership
is not being surrendered; and
(vi)
signature of the applicant or authorized agent
of the applicant.
(C)
Accompanying Documentation. An application for
registration under this paragraph must be supported, at a minimum, by:
(i)
a completed application for registration, as
specified in paragraph (1) of this subsection;
(ii)
presentation, but not surrender of, evidence
from another jurisdiction demonstrating that legal evidence of ownership has
been issued to the applicant as the motor vehicle's owner, such as a validated
title or registration verification from the other jurisdiction, a registration
receipt, a non-negotiable title, or written verification from the other jurisdiction;
and
(iii)
any other documents or fees required by law.
(D)
Assignment. In instances in which the title
or registration receipt is assigned to the applicant, an application for registration
purposes only will not be processed. The applicant must apply for a certificate
of title under Transportation Code, Chapter 501.
(c)
Vehicle registration insignia.
(1)
On
[
(A)
If the vehicle has a windshield, the symbol, tab, or other
device prescribed by and issued by the department
shall
[
(B)
If the vehicle has no windshield, the symbol, tab, or other
device prescribed by and issued by the department shall be attached to the
rear license plate.
(C)
If the vehicle is registered as a Former Military Vehicle
as prescribed by Transportation Code, §502.275, the vehicle's registration
number shall be displayed
instead
[
(i)
Former Military Vehicle registration numbers shall be displayed
on a prominent location on the vehicle in numbers and letters of at least
two inches in height.
(ii)
To the extent possible, the location and design of the
Former Military Vehicle registration number must conform to the vehicle's
original military registration number.
(2)
Unless otherwise prescribed by law, each vehicle registered
under this subchapter must display two license plates, one at the front and
one at the rear of the vehicle.
(3)
In accordance with Transportation Code, §502.052 and §502.180(e),
the department will cancel or not issue any license plate with a number that:
(A)
conflicts with the department's current or proposed regular
license plate numbering system;
(B)
is determined to be obscene or objectionable by the director;
or
(C)
is currently issued to another owner.
(4)
The provisions of paragraph (1) of this subsection do not
apply to vehicles registered with annual license plates issued by the department.
(d)
Vehicle registration renewal.
(1)
To renew vehicle registration, a vehicle owner must apply,
prior to the expiration of the vehicle's registration, to the tax assessor-collector
of the county in which the owner resides.
(2)
The department will mail a license plate renewal notice,
indicating the proper registration fee and the month and year the registration
expires, to each vehicle owner approximately six to eight weeks prior to the
expiration of the vehicle's registration.
(3)
The license plate renewal notice must be returned by the
vehicle owner to the appropriate county tax assessor- collector or to the
tax assessor-collector's deputy, either in person or by mail, and must be
accompanied by the following documents and fees:
(A)
registration renewal fees prescribed by law;
(B)
any local fees or other fees prescribed by law and collected
in conjunction with registration renewal; and
(C)
evidence of financial responsibility required by Transportation
Code, §502.153, unless otherwise exempted by law.
(4)
If a renewal notice is lost, destroyed, or not received
by the vehicle owner, the vehicle may be registered if the owner presents
personal identification acceptable to the tax assessor-collector. Failure
to receive the notice does not relieve the owner of the responsibility to
renew the vehicle's registration.
(5)
Renewal of expired vehicle registrations.
(A)
In accordance with Transportation Code, §502.407,
a vehicle with an expired registration may not be operated
on
[
(B)
A 20% delinquency penalty is due when registration is renewed
if the owner has been arrested or cited for operating the vehicle without
valid registration.
(C)
If the county tax assessor-collector determines that a
registrant has a valid reason for being delinquent in registration, the vehicle
owner will be required to pay for twelve months' registration. Renewal will
establish a new registration expiration month that will end on the last day
of the eleventh month following the month of registration renewal.
(D)
If the county tax assessor-collector determines that a
registrant does not have a valid reason for being delinquent in registration,
the full annual fee will be collected and the vehicle registration expiration
month will remain the same.
(E)
If a vehicle is registered in accordance with Transportation
Code, §502.164, §502.167, §502.203, §502.255, §502.267, §502.277, §502.278, §502.295,
or §502.2951, and if the vehicle's registration is renewed more than
one month after expiration of the previous registration, the registration
fee will be prorated.
(F)
Any delinquent registration submitted directly to the department
for processing will be evaluated to verify the reason for delinquency. If
the department determines that a registrant has a valid reason for being delinquent
in registration, the vehicle owner will be required to pay for 12 months'
registration. Renewal will establish a new registration expiration month that
will end on the last day of the 11th month following the month of registration.
If the department determines that a registrant does not have a valid reason
for being delinquent in registration, the full annual fee will be collected
and the vehicle registration expiration month will remain the same. Valid
reasons for delinquency include those reasons set forth in Transportation
Code, §502.176(e).
(6)
License plate reissuance and recall program.
(A)
The county tax assessor-collectors are authorized to issue
new multi-year license plates at no additional charge
on
[
(B)
The county tax assessor-collectors shall issue new multi-year
license plates at no additional charge at the time of registration renewal
provided the current plates are over eight years old.
(e)
Replacement of license plates, symbols, tabs, and other
devices.
(1)
When a license plate, symbol, tab, or other registration
device is lost, stolen, or mutilated, a replacement may be obtained from any
county tax assessor-collector as prescribed by law.
(2)
To obtain a replacement, the owner must properly execute
an affidavit containing the vehicle description, the original license plate
number, and a sworn statement that the license plate, symbol, tab, or other
registration device furnished for the described vehicle has been lost, stolen,
or mutilated, and will not be used on any other vehicle.
(3)
If the owner remains in possession of any part of the lost,
stolen, or mutilated license plate, symbol, tab, or other registration device,
that remaining part must be removed and surrendered to the department
on
[
(f)
Out-of-state vehicles. A vehicle brought to Texas from
out-of-state must be registered within 30 days of the date on which the owner
establishes residence or secures gainful employment, except as provided by
Transportation Code, §502.0025. Accompanying a completed application,
an applicant must provide:
(1)
an application for certificate of title as required by
Transportation Code, Chapter 501, if the vehicle to be registered has not
been previously titled in this state; and
(2)
any other documents or fees required by law
[
(g)
Enforcement of traffic warrant. The department or a county
tax assessor-collector may, pursuant to the provisions of a contract entered
into under Transportation Code, §702.003, refuse to register a vehicle
owned by a person for whom a warrant of arrest is outstanding for failure
to appear or pay a fine on a complaint involving a violation of a traffic
law.
(h)
Refusal to register vehicle in certain counties. The department
or a county tax assessor-collector may, pursuant to the provisions of a contract
entered into in accordance with Government Code, Chapter 791, and Transportation
Code, §502.185, refuse to register a vehicle owned by a person who owes
the county money for a fine, fee, or tax that is past due.
(1)
To place or remove a registration denial flag on a vehicle
record, the county must submit a magnetic tape or other acceptable submission
medium as determined by the department in a format prescribed by the department.
(2)
The information submitted by the county will include, at
a minimum, the vehicle identification number [
(3)
If a county data submission contains bad or corrupted data,
the submission medium will be returned to the county with no further action
by the department.
(4)
The magnetic tape or other submission medium must be submitted
to the department from a single source within the county, as approved by the
county commissioner's court.
(5)
County submission of a magnetic tape or other submission
medium to the department constitutes a certification that the county has notified
owners of vehicles whose records appear on the tapes that past due fines,
fees, or taxes are owed to the county.
§17.52.Vehicle Emissions Enforcement System.
(a)
Purpose. Transportation Code, §502.009
,
requires the department to implement a system requiring verification that
a vehicle complies with vehicle emissions inspection and maintenance [
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Affected County - Any portion
of an air quality control region where any pollutant exceeds the national
ambient air quality standards for the pollutant as designated under the Federal
Clean Air Act.
(2)
[
(3)
[
[
[
(4)
[
(5)
[
(6)
[
(7)
Vehicle emissions I/M program
- A vehicle emissions inspection and maintenance program meeting all the requirements
of the Environmental Protection Agency.
(8)
Waiver - A form and certificate that allows a vehicle to
be considered in compliance with the vehicle emissions I/M program for a specified
period of time after a vehicle fails an emissions test.
(c)
Notice from DPS or TNRCC.
[
(1)
[
(2)
[
(3)
The notice will include the vehicle identification number
[
(4)
If the department receives a notice of emissions noncompliance
from [
(5)
If the department receives a notice emissions compliance
from [
(6)
If a vehicle record contains a notation of failure to comply
with the vehicle emissions I/M program, the tax assessor-collector will deny
registration unless provided with:
(A)
proof of compliance with the vehicle emissions I/M program
with a "passing" vehicle inspection report; or
(B)
proof of a waiver issued by [
(7)
[
(8)
[
(d)
Vehicles moved into affected
counties. If a vehicle was last titled in an unaffected county and is to be
titled or registered in an affected county, it is not eligible for a title
receipt, a certificate of title, or registration after a retail sale unless
proof is presented to the county tax assessor-collector that the vehicle has
passed the emissions test. This subsection does not apply to a vehicle that
will be used in the affected county for fewer than 60 days during the registration
period for which registration is sought.
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 December 14, 2001.
TRD-200107888
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
Subchapter G. RELOCATION ASSISTANCE AND BENEFITS
The Texas Department of Transportation proposes the repeal of §§21.111-21.117
and simultaneously proposes new §§21.111-21.118, concerning relocation
assistance and benefits.
EXPLANATION OF PROPOSED REPEALS AND NEW SECTIONS
The Texas Department of Transportation's relocation rules set forth the
eligibility requirements and procedures for providing relocation assistance
to individuals and businesses displaced by highway improvement projects.
The repeals and new sections are required due to changes in state and federal
law and regulations and recommendations for revised appeal procedures following
a joint process review conducted by the department and the Federal Highway
Administration (FHWA). Additional nonsubstantive changes are made to enhance
clarity and to improve grammar. The repeals and new sections will bring the
relocation assistance and benefits regulations up to date and into compliance
with current law and federal regulations, including the position designation
change of the former "state engineer-director" to that of "executive director".
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the repeals and new sections are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the repeals and new sections. There are no anticipated economic
costs for persons required to comply with the sections as proposed.
John Campbell, Director, Right of Way Division, has certified that there
will be no significant impact on local economies or overall employment as
a result of enforcing or administering the repeals and new sections.
PUBLIC BENEFIT
Mr. Campbell has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the repeals and new sections will be to further
the department's mission to provide an efficient and fair process of administering
the relocation assistance and benefit program in accordance with state and
federal law and regulations. There will be no adverse economic effect on small
businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals and new sections may be submitted
to John Campbell, Director, Right of Way Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on January
28, 2002.
43 TAC §§21.111 - 21.117
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals 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.
No statutes, articles, or codes are affected by the proposed repeals.
§21.111.Relocation Assistance Advisory Service.
§21.112.Public Information.
§21.113.Written Notices to Displacees.
§21.114.Applicability of Relocation Payments and Services.
§21.115.Moving and Related Expense Payments.
§21.116.Replacement Housing Payment.
§21.117.Relocation Review Committee.
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 December 14, 2001.
TRD-200107889
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§21.111 - 21.118
STATUTORY AUTHORITY
The new 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.
No statutes, articles, or codes are affected by the proposed new sections.
§21.111.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Commission - The Texas Transportation Commission.
(2)
Department - The Texas Department of Transportation.
(3)
Displacee - A person lawfully present in the United States
who, as a result of the acquisition of property for highway right of way purposes,
is required to move from a dwelling, business, or farm.
(4)
District engineer - The chief administrative officer in
charge of a district of the department, or the designee.
(5)
Executive director - The chief executive officer of the
Texas Department of Transportation.
(6)
Relocation Review Committee - An administrative committee
whose members are appointed by the executive director and include the deputy
executive director (chair) and at least two other department employees who
are not directly involved with the relocation assistance program.
§21.112.Relocation Assistance Advisory Service.
The department will establish a relocation advisory service office
that is reasonably convenient to individuals affected by right-of-way acquisitions.
Relocation services will be made available at hours convenient to:
(1)
occupants of property to be acquired;
(2)
occupants of property immediately adjacent to the property
acquired who will suffer substantial economic injury because of the acquisition;
and
(3)
those who move from real property used for a dwelling or
who move their personal property because of the acquisition of real property
used for a business or farm.
§21.113.Public Information.
In order to assure that the public has adequate knowledge of the relocation
assistance program, the department will discuss services and benefits at public
hearings, present them in a brochure, and give them in writing to each displacee
either by hand delivery or certified mail, return receipt requested.
§21.114.Written Notices to Displacees.
The following written notices shall be furnished to ensure that each
displacee is fully informed of the benefits and services available.
(1)
Notice of displacement.
(A)
Owner-occupants. At the initiation of negotiations for
the property, the department will furnish the owner with a written explanation
of the eligibility requirements to receive relocation payments for the acquired
business or dwelling unit. The notice to an owner-occupant of a dwelling for
more than 180 days will include entitlement to payments for replacement housing,
incidental expenses, any increased interest costs required for financing a
replacement dwelling, and the option to rent if the owner-occupant so desires.
In addition, each owner-occupant will receive a copy of the department's relocation
brochure and an explanation of the relocation services available and where
they may be obtained.
(B)
Tenants. As soon as feasible after the initiation of negotiations
for the purchase of the property, each tenant shall be furnished a written
statement that includes the date of initiation of negotiations for the property
and an explanation of the eligibility requirements to receive applicable relocation
benefits. In addition, each tenant will be provided with a copy of the department's
relocation brochure and an explanation of the relocation services available
and where they may be obtained.
(2)
Notice of replacement payments. The amount of the replacement
housing payment to which a displacee is entitled will be furnished near the
time the displacee will be actively looking for replacement housing. The amount
of the payment shall be based on the cost of a replacement dwelling comparable
to the one from which the person is being displaced and will be sufficient
to preserve, as nearly as possible, the displacee's original ownership or
tenancy status. If the displacee desires alternate ownership/tenancy status,
an alternate payment will be computed and offered when feasible.
(3)
Notices to vacate. To the greatest extent practicable,
no person lawfully occupying real property shall be required to move from
a dwelling, or to move a business or farm operation, without at least 90 days
written notice of the intended vacation date. Normally, the department will
provide the displacee with two notices described as follows.
(A)
Ninety-day notice. This notice may be given on or after
the initiation of negotiations for the property. It shall include a statement
that the displacee will not be required to move from the dwelling, business,
or farm before 90 days from the date of the notice. The notice shall also
inform the displacee that a 30-day written notice will follow, specifying
the date by which the property must be vacated.
(B)
Thirty-day notice. This notice shall specify the date by
which the property must be vacated, and will not be given until the department
has control of the property. A notice is not required if an occupant moves
prior to the time the notice is given.
(4)
Notice of right to review. Eligible relocatees who are
dissatisfied with relocation payment amounts have a right to a review by the
district engineer and the department's Relocation Review Committee. All eligible
relocatees shall receive a written notice informing them of this right and
the procedures to follow in requesting a review.
§21.115.Applicability of Relocation Payments and Services.
Relocation payments and services are applicable to all individuals,
families, businesses, farm operations, or nonprofit organizations who have
held lawful physical occupancy and who are displaced as a result of the acquisition
of their real property, in whole or in part, for highway right of way purposes,
except that aliens who are not lawfully present in the United States are not
eligible for relocation assistance or payments. Individuals or families who
occupy living quarters on the same premises as a displaced business, farm,
or nonprofit organization are separate displacees for purposes of determining
entitlement to relocation payments. A displacee who relocates without using
the department's relocation services may be eligible for payments if the relocation
meets all eligibility requirements.
§21.116.Moving and Related Expense Payments.
When a person is required to relocate as a result of the acquisition
of right-of-way for a highway project, the department will pay the reasonable
expenses of relocating the displacee and his or her business and personal
property, so long as the eligibility requirements are met. Payment will be
made for one move of not more than 50 miles to a single location, unless the
department determines it to be in the public interest to waive one or more
of these limitations.
§21.117.Replacement Housing Payment.
(a)
General. Individuals and families displaced from their
dwellings on parcels required for a designated highway project are entitled
to replacement housing payments if they relocate into decent, safe, and sanitary
replacement housing and meet other eligibility requirements necessary, as
determined by the department, to meet applicable legal requirements. If a
displacee requests alternate ownership/tenancy status, the department will
make a reasonable effort to accommodate the request. The displacee may relocate
to any dwelling, but the amount actually paid will be the lesser of the actual
cost or actual rent of the replacement dwelling or the housing supplement
previously approved by the department. In the case of condemned property and
in certain hardship cases, a preliminary replacement housing payment may be
made to a qualified displacee prior to the department's acquisition of the
property if the displacee signs a contract agreeing to return any overpayment
when the department makes final payment for the property acquired.
(b)
Payments to owner-occupants for 180 days or more. A displaced
owner-occupant of a dwelling may receive supplemental payments, as determined
by the department, for the additional cost necessary to purchase replacement
housing, to compensate for the loss of favorable financing on an existing
mortgage in the financing of replacement housing, or to reimburse the displacee
for certain expenses incident to the purchase of replacement housing. The
displacee may receive a payment to cover the cost of renting a replacement
dwelling. A displacee who is otherwise qualified for a replacement housing
payment but who has previously received a rental payment may receive a revised
supplement if the displacee purchases and occupies a replacement dwelling
within the required one year period and files the claim within 18 months of
that date. The amount of the rental payment will be deducted from the housing
payment.
(c)
Payment to owner-occupants for less than 180 days but not
less than 90 days. As determined by the department, a displaced owner of dwelling
may receive a payment sufficient to make a down payment on the purchase of
a replacement dwelling and to reimburse actual incidental expenses. The displacee
may choose to receive a payment to rent a replacement dwelling. A displacee
who is otherwise qualified for a down payment supplement but who has previously
received a rental payment may receive a revised supplement if the displacee
purchases and occupies a replacement dwelling within the required one year
period and files the claim within 18 months of that date. The amount of the
rental payment will be deducted from the down payment amount.
(d)
Tenant-occupants for not less than 90 days. As determined
by the department, a displaced tenant may receive a payment sufficient to
make a down payment on the purchase of a decent, safe, and sanitary replacement
dwelling, as well as the expenses incidental to such purchase. The displacee
may choose to receive a payment to rent a replacement dwelling. If the displacee
elects to purchase a mobile home as replacement housing, all transportation
and set up expense necessary to place the mobile home on a lot, in decent,
safe, and sanitary condition, will be included as a part of the total acquisition
price of the replacement housing. A change from a rental payment to a down
payment will be allowed on the same basis as for an owner-occupant of less
than 180 days.
(e)
Residential displacees not meeting length of occupancy
requirements. A displacee who does not meet the length of occupancy requirement
for a replacement housing payment may receive rental assistance when comparable
replacement rental housing is not available for less than 30% of the displacee's
gross monthly household income. Such assistance shall cover a period of 42
months.
§21.118.Relocation Review Committee.
A displacee who is dissatisfied with the department's determination
of eligibility or relocation payments and services may request a review by
the Relocation Review Committee. The review procedures are as follows.
(1)
Applications must be filed with the appropriate district
office within 90 days after the displacee receives notice of relocation entitlements.
(2)
The district engineer will promptly and carefully review
the facts and attempt to resolve the matter at the district level. The displacee
will be promptly notified in writing of the results of the district engineer's
review.
(3)
A displacee who is still dissatisfied after the first review
may request that the district engineer's decision be reviewed by the department's
Relocation Review Committee.
(4)
The district shall promptly forward the application together
with all the information the district has relating to the displacee's application
and the district engineer's personal recommendation to the department's Right
of Way Division. The division will review the materials, make a determination
on the application, and prepare a written statement as to the issues involved
for the relocation assistance appeal file. If the division does not find in
favor of the displacee's claim, the division will promptly forward the file
to the Relocation Review Committee.
(5)
The Relocation Review Committee shall give each displacee
a full opportunity to be heard, carefully review all facts presented, and
render a prompt decision. The decision will be supported by the necessary
rationale and will be documented in the parcel file.
(6)
The committee may discuss an application with the executive
director. The executive director shall make the final ruling or may counsel
with the commission if necessary.
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 December 14, 2001.
TRD-200107890
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
Subchapter C. TEXAS HIGHWAYS MAGAZINE
43 TAC §23.29
The Texas Department of Transportation proposes new §23.29,
concerning magazine advertising.
EXPLANATION OF NEW SECTION
Texas Civil Statutes, Article 6144e authorizes the department to publish
Subsection (a) describes the purpose of new §23.29.
Subsection (b) prescribes subjects acceptable for advertising in
Subsection (c) specifies those subjects that are not acceptable for advertising
in
Texas Highways
. The purpose of the magazine
is to encourage travel in Texas. Unacceptable advertising subjects include
out-of-state travel or tourism locations, destinations, facilities, and services
that do not augment Texas travel or tourism or that are not located on border
locations with ties to Texas. The magazine tells the Texas story and encourages
travel to Texas by promoting the positive attributes of the state. Accordingly,
subjects that may be perceived as negative by readers, such as alcoholic beverages,
tobacco products, and sexually oriented products and services are not acceptable
advertising subjects.
Subsection (d) prescribes policies and procedures for soliciting advertising
sales and accepting orders for advertising in
Texas
Highways
. The department will annually publish in the
Texas Register
an invitation to be included in a mailing list containing
those entities and individuals interested in advertising in
Texas Highways
and receiving advertising rate information. Subsection
(d) requires the department to calculate advertising rates and develop a rate
card for the magazine. The department will publish the advertising rate information
in various publications, including the
Texas Register
. The rate card will include information about advertising space and
positions, advertising rates, publication issue and closing dates, circulation
data, publisher's editorial profile, and other related information.
The department and/or its designated agent will mail an announcement of
advertising opportunities and the rate card to those on the mailing list 30
days after the publication of that information in the
Texas Register
. Subsequent to that date, a rate card will also be sent
upon request to an entity or individual not on the mailing list. In order
to fairly allocate advertising space and positions, the department or its
designated agent will accept all insertion orders (orders for paid advertising)
received prior to the closing date on a first-come, first-served basis until
all advertising space for a particular publication is filled. However, in
order to make the most efficient use of advertising space, insertion orders
for an inside front cover spread and inside back cover spread will take precedence
over an inside front cover and inside back cover insertion order, notwithstanding
the date of receipt of the insertion order.
Subsection (e) prescribes conditions under which the department will not
accept advertising or will remove an advertiser.
Texas Highways
tells the Texas story to its readers around the world
and encourages travel to Texas by promoting the positive attributes of the
state. Accordingly, advertising that may be perceived as negative by readers,
such as that from an entity that discriminates against customers on the basis
of race, color, creed, religion, sex, or national origin, will not be accepted.
The department will also not accept advertising that is misleading or that
misrepresents the facts. The department may remove an advertiser based on
three or more valid consumer complaints concerning service or merchandise,
and will no longer accept orders from advertisers that have been removed.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the new section is in effect, there will be fiscal implications
for state and local governments as a result of enforcing or administering
the new section. The department will receive increased revenue as a result
of implementing a program to accept advertising in
Texas Highways
. The department has estimated that it will receive $16,037
in increased revenue in FY 2002, $400,022 in FY 2003, $607,136 in FY 2004,
$740,724 in FY 2005, and $897,197 in FY 2006. The department anticipates that
there will be fiscal implications for local governments desiring to advertise
in
Texas Highways
. Those costs cannot be quantified
with any specificity, as the amount will depend on the number and type of
insertion orders made. There are anticipated economic costs for persons required
to comply with the new section as proposed. Persons desiring to advertise
in
Texas Highways
will incur those costs.
Those costs cannot be quantified with any specificity, as the amount will
depend on the number and type of insertion orders made.
Doris Howdeshell, Director, Travel Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the new section.
PUBLIC BENEFIT
Ms. Howdeshell has also determined that for each year of the first five
years the new section is in effect, the public benefit anticipated as a result
of enforcing or administering the new section will be to offset the cost of
producing
Texas Highways
, adding to the information
provided to readers on services and merchandise available in Texas, and maintaining
the magazine's subscription price at a competitive level, thereby reaching
more potential readers and facilitating the department's mission of encouraging
travel in Texas. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Doris
Howdeshell, Director, Travel Division, 125 East 11th Street, Austin, Texas
78701-2483. The deadline for receipt of comments is 5:00 p.m. on January 28,
2002.
STATUTORY AUTHORITY
The new section is 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 Texas Civil Statutes, Article 6144e, which authorizes the department to
publish
Texas Highways
and other travel literature
for the purpose of assisting and encouraging travel in Texas, and to include
certain paid advertising in travel literature.
No statutes, articles, or codes are affected by the proposed new section.
§23.29.Magazine Advertising.
(a)
Purpose. Texas Civil Statutes, Article 6144e authorizes
the department to publish Texas Highways, the state's official travel magazine,
and other travel literature for the purpose of assisting and encouraging travel
in Texas. In furtherance of that purpose, the department may include certain
paid advertising in travel literature, provided that the quality and quantity
of the primary information content is not impaired. This section prescribes
department policies and procedures relating to the advertising content of
Texas Highways magazine.
(b)
Acceptable subjects. Subjects acceptable for advertising
in Texas Highways include:
(1)
Texas vacation, recreational, travel, or tourism-related
sites, facilities, destinations, accommodations, restaurants, events, equipment,
and services;
(2)
Texas shopping opportunities related to destinations, food
products, and Texas-related products;
(3)
pleasure-driving equipment, facilities, destinations, and
services;
(4)
camping, hiking, fishing, birding, boating, bicycling,
gardening, photography, wildlife viewing, astronomy, geology, and other outdoor
events, sites, equipment, facilities, and services;
(5)
public transportation modes, products, facilities, and
services; and
(6)
other sites, products, equipment, facilities, and services
that are travel related or Texas based, and that are determined by the department
to be of cultural, educational, historical, or recreational interest to Texas
Highways readers.
(c)
Unacceptable subjects. Advertising subjects not acceptable
in Texas Highways include:
(1)
out-of-state travel-tourism locations, destinations, facilities,
and services that do not augment Texas travel or tourism or that are not located
on border locations with ties to Texas;
(2)
alcoholic beverages;
(3)
tobacco products; and
(4)
sexually-oriented products and services.
(d)
Advertising sales and solicitations.
(1)
Mailing list. Any entity or individual interested in advertising
in Texas Highways magazine will be included in the department's mailing list
upon request. The department will annually publish in the Texas Register an
invitation to be added to the mailing list and to receive advertising rate
information.
(2)
Publication of advertiser information. The department will
calculate advertising rates and develop a rate card for Texas Highways magazine.
The department will publish the information on a continuous basis in the Standard
Rate and Data Service, Consumer Magazine and Agri-Media Source. The department
will also publish the advertising rate information annually in the Texas Register.
(3)
Contents of the rate card. The rate card will include information
about:
(A)
advertising space and positions;
(B)
advertising rates;
(C)
publication issue and closing dates;
(D)
circulation data;
(E)
publisher's editorial profile; and
(F)
other related information.
(4)
Procedure for selling advertising.
(A)
The department and/or its designated agent will mail an
announcement of advertising opportunities and the rate card to those on the
mailing list 30 days after publication in the Texas Register.
(B)
The department or its designated agent will subsequently
mail a rate card upon request to an entity or individual not on the mailing
list.
(C)
The department or its designated agent will accept all
insertion orders (orders for paid advertising) received prior to the closing
date on a first-come, first-served basis until all advertising space for a
particular publication is filled. All insertion orders will be stamped with
the date as they are received. Insertion orders for an inside front cover
spread and inside back cover spread will take precedence over an inside front
cover and inside back cover insertion order, notwithstanding the date of receipt
of the insertion order.
(D)
Reminders of advertising space deadlines and rates may
be mailed to those on the mailing list at the discretion of the department
if advertising space remains available prior to space closing deadline.
(e)
Restrictions.
(1)
The department will not accept advertising it considers
to be misleading or a misrepresentation of facts.
(2)
The department will not accept advertising from an entity
that discriminates against customers on the basis of race, color, creed, religion,
sex, or national origin.
(3)
The director may remove an advertiser based on the department's
receipt of three or more consumer complaints concerning service or merchandise.
The department will send a written notice of noncompliance to the advertiser.
If the director determines the complaints are valid and they remain unresolved
after 180 days, the director will remove the advertiser from Texas Highways
magazine, and will no longer accept insertion orders from that advertiser.
An advertiser may appeal the removal to the department's executive director,
whose decision will be final.
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 December 14, 2001.
TRD-200107891
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
Chapter 50.
MANAGEMENT
The Texas Department of Transportation proposes the repeal of Chapter
50, concerning management of the Texas Turnpike Authority Division of the
Texas Department of Transportation. This proposed repeal includes §50.1
and §50.2, General Provisions; §§50.3-50.30, Governance of
the Authority; §50.32 and §50.33, Public Meetings and Public Access; §§50.41-50.45,
Employment Practices; §§50.50-50.54, Indemnification; and §50.60-§50.62,
Public Records, Complaint Procedures, and Debt Collection.
EXPLANATION OF PROPOSED REPEALS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the Texas Department
of Transportation (department), subject to the approval by the voters of Senate
Joint Resolution 16. The voters approved SJR 16 on November 6, 2001. Senate
Bill 342 further provided that rules of the board continue in effect as rules
of the Texas Transportation Commission (commission)
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The board was responsible for
promulgating rules governing the operations of TTA, codified in Title 43,
Part 2 (Chapters 50-54). With the abolishment of the board, TTA will be more
completely consolidated with the department, and the commission will be responsible
for promulgating rules governing the operations of TTA.
The rules contained in Chapter 50 are no longer necessary due to the abolishment
of the board and, more specifically, the following reasons.
Subchapter A, General Provisions, will not be necessary due to the repeal
of the entire chapter.
The provisions of §§50.3-50.26, 50.28-50.30, and 50.32 all govern
the operations of the now abolished board.
The provisions of §§50.27 and 50.28 govern the staff of the TTA.
This subject will now be governed by §1.2 and other department policies
and procedures.
Section 50.33 concerns public access to information and auxiliary aids.
This subject will now be governed by §1.5, concerning department public
hearings, and other applicable department policies.
Subchapter D concerns employment practices. TTA employees will be governed
by Chapter 4, Employment Practices, and the department's Human Resources Manual.
The provisions of Subchapter E, Indemnification, are not necessary due
to provisions of state law and department policy.
Subchapter F concerns public records, complaint procedures, and debt collection.
These subjects will be governed by: Chapter 3, Subchapter A, Access to Official
Records; Chapter 3, Subchapter B, Complaint Resolution; and §5.10, Collection
of Debts.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the repeals are in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
repeals. There are no anticipated economic costs for persons required to comply
with the repeals as proposed.
Phillip E. Russell, Director, Turnpike Authority Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeals.
PUBLIC BENEFIT
Mr. Russell has also determined that for each year of the first five years
the repeals are in effect, the public benefit anticipated as a result of enforcing
or administering the repeals will be the repeal of unnecessary and duplicative
rules. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals may be submitted to Phillip E.
Russell, Director, Turnpike Authority Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on January
28, 2002.
Subchapter A. GENERAL PROVISIONS
43 TAC §50.1, §50.2
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.1.The Authority
§50.2.Definitions
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 December 13, 2001.
TRD-200107862
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§50.3 - 50.30
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.3.Principal Office.
§50.4.General Powers.
§50.5.Number.
§50.6.Appointment.
§50.7.Qualifications.
§50.8.Term.
§50.9.Vacancies.
§50.10.Resignation and Removal.
§50.11.Compensation of Directors.
§50.12.Meetings.
§50.13.Quorum.
§50.14.Meetings by Telephone.
§50.15.Procedure.
§50.16.Committees.
§50.17.Notice.
§50.18.Waiver of Notice.
§50.19.Attendance as Waiver.
§50.20.Officers.
§50.21.Election and Term of Office.
§50.22.Removal and Vacancies.
§50.23.Chair.
§50.24.Vice Chair.
§50.25.Secretary.
§50.26.Treasurer.
§50.27.Administrators.
§50.28.Director.
§50.29.Assistant Secretary.
§50.30.Assistant Treasurer
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 December 13, 2001.
TRD-200107863
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §50.32, §50.33
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.32.Public Access to Board Meetings
§50.33.Public Access to Information and Auxiliary Aids
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 December 13, 2001.
TRD-200107864
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§50.41 - 50.45
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.41.General Policy
§50.42.Sick Leave Pool Program
§50.43.Employee Training and Education
§50.44.Termination of Employees
§50.45.Standards of Conduct
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 December 13, 2001.
TRD-200107865
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§50.50 - 50.54
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.50.Indemnification by the Authority.
§50.51.Expenses
§50.52.Procedure
§50.53.Additional Indemnification
§50.54.Definitions
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 December 13, 2001.
TRD-200107866
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§50.60 - 50.62
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Turnpike Authority Division of the Texas Department of Transportation
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is 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 Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
No statutes, articles, or codes are affected by the proposed repeals.
§50.60.Public Records
§50.61.Complaints Procedure
§50.62.Debt Collection
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 December 13, 2001.
TRD-200107867
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
The Texas Department of Transportation proposes the repeal of §§53.60-53.71,
concerning disadvantaged business enterprise/historically underutilized business
procedures, and §§53.90-53.94, concerning contract workforce.
EXPLANATION OF PROPOSED REPEALS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the Texas Department
of Transportation (department), subject to approval by the voters of Senate
Joint Resolution 16. The voters approved SJR 16 on November 6, 2001. Senate
Bill 342 further provided that rules of the board continue in effect as rules
of the Texas Transportation Commission (commission).
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The TTA board of directors was
responsible for promulgating rules governing the operations of TTA, codified
in Title 43, Part 2 (Chapters 50-54). With the abolishment of the board, TTA
will be more completely consolidated with the department, and the commission
will be responsible for promulgating rules governing the operations of TTA.
Sections 53.60-53.71 establish policies and procedures to implement TTA's
Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business
(HUB) programs. With the abolishment of the board, these rules are no longer
needed since the department has comprehensive DBE and HUB program rules found
in §§9.50-9.57.
Sections 53.90-53.94 describe the analyses required prior to TTA procuring
and utilizing contract workforce. These rules will no longer be necessary
since existing department contract workforce policies will be applicable to
all department divisions using contract workforce.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the repeals are in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
repeals. There are no anticipated economic costs for persons required to comply
with the repeals as proposed.
Phillip E. Russell, Director, Turnpike Authority Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeals.
PUBLIC BENEFIT
Mr. Russell has also determined that for each year of the first five years
the repeals are in effect, the public benefit anticipated as a result of enforcing
or administering the repeals will be the removal of duplicative and unnecessary
rules. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals may be submitted to Phillip E.
Russell, Director, Turnpike Authority Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on January
28, 2002.
Subchapter D. DBE/HUB PROGRAM
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING
on Freeway Mainlanes
].
(1)
For facilities with full control
of access, such as interstate highways or freeways developed by commission
designation pursuant to Transportation Code, Chapter 203, access to the main
travel lanes is fully controlled through designation, purchase of access rights,
or provision of frontage roads.]
(2)
The department will include
frontage roads in the planning stage of highways with full access control
when:]
(A)
it is necessary to unlandlock the remainder
of a parcel of land which has a value equal to or nearly equal to the cost
of the frontage road;]
(B)
the appraised damages, resulting from the absence
of frontage roads at the time of planning, would exceed the cost of the frontage
roads; or]
(C)
it is necessary to restore circulation of local
traffic due to local roads or streets being severed or seriously impaired
by the construction of the controlled access highway, and an economic analysis
shows the benefits derived more than offset the costs of constructing and
maintaining the frontage roads.]
(3)
In those instances where requests
for additional frontage roads are received during or subsequent to the planning
stage or after the freeway has been constructed, they may be considered and
placed in order of the priority of highway needs.]
(A)
When right of way and utility adjustment costs
are shared with a local government on a standard participation basis applicable
to the highway designation, the department may assume 100% responsibility
for additional frontage road construction as follows:]
(i)
on relatively short sections of frontage roads
where through lane traffic is experiencing high accident rates due to local
access and where such construction can be expected to substantially improve
safety; or]
(ii)
in heavily traveled urban corridors where
gaps occur in the existing frontage road systems, and closing these frontage
road gaps will restore system continuity and provide a cost-effective method
of enhancing traffic operations in the corridor.]
(B)
The department may assist a requesting local
government in the construction of additional frontage roads as follows:]
(i)
where a usable section of frontage road that
will be of benefit to the traveling public is to be developed (usable section
being defined as an addition or extension from a cross road separation to
cross road separation or connecting to a public roadway or major traffic generator);]
(ii)
where such frontage road construction is judged
to not adversely impact existing traffic operations or safety;]
(iii)
where the department is responsible for design
and construction of the added frontage roads; and]
(iv)
except as provided in subparagraph (E) of
this paragraph, and as adjusted under §15.55 of this title (relating
to Construction Cost Participation), when the requesting local government
furnishes 100% of needed right of way and utility adjustment costs and 50%
of the cost of construction, including preliminary and construction engineering.]
(C)
The department may approve additional frontage
road construction, which is 100% funded by the requesting local government
as follows:]
(i)
if the frontage road construction primarily
provides new or improved access to abutting property and does not necessarily
provide a usable section as defined in subparagraph (B)(i) of this paragraph
(a type of addition that would provide limited benefits to the general traveling
public); and]
(ii)
except as provided in subparagraph (E) of
this paragraph, where the department is responsible for designing and constructing
the frontage road and the requesting local government is responsible for 100%
of the construction, right of way, and utility adjustment costs including
preliminary and construction engineering.]
(D)
Where right of way costs are 100% the responsibility
of the requesting local government, relocation assistance benefits will also
be 100% the responsibility of the local government and must be accomplished
in compliance with department policies and procedures.]
(E)
The department may waive any one or more of
the cost conditions stated in subparagraphs (B)(iv) and (C)(ii) of this paragraph,
provided that the waiver is first approved by written order of the commission.
In approving a waiver, the commission will base its decision on consideration
of the population level, bonded indebtedness, tax base, and tax rate of the
local government involved, or other conditions the commission deems pertinent.]
(4)
For additional frontage roads
requested subsequent to the planning stage or after the freeway has been constructed,
control of access as originally conceived for the facility may be modified
to allow access to the proposed frontage road only to the extent as may be
permitted by safety considerations and in keeping with department policies
and procedures. The sale or disposal of access rights shall be accomplished
in accordance with §§21.101-21.104 of this title (relating to Disposal
of Real Estate Interests).]
(5)
Access driveway facilities
shall be for securing access to abutting property. Costs and provision thereof
shall be in accordance with the criteria and responsibilities established
in §§11.50-11.53 of this title (relating to Access Driveways to
State Highways).]
Chapter 17.
VEHICLE TITLES AND REGISTRATION
Texas Civil Statutes, Article 6687-1
], charges the department
with the responsibility of issuing certificates of title for motor vehicles,
unless
they
[
such motor vehicles
] are otherwise exempted
by law.
For
[
In order for
] the department to efficiently
and effectively issue motor vehicle certificates of titles, maintain records,
and collect the applicable fees [
consistent with the Certificate of Title
Act
], and to ensure proper application by motor vehicle owners [
in accordance with statutory provisions
], the sections under this subchapter
prescribe the policies and procedures for the application
for
and
issuance of motor vehicle certificates of titles.
the
] certificate of title,
when the name on the certificate
of title is
different
from
[
than
] the name of
the legal owner of the vehicle.
an imported
] motor vehicle
imported into the United States
to ensure compliance with federal motor
vehicle safety standards.
upon
] subsequent title issuance.
a
] large
semitrailers
[
semi-trailer
].
and
] for carrying persons and
property
on
[
upon
] its own structure
,
and
for being drawn by a motor vehicle, not
including
[
to include
] manufactured housing.
on a vehicle previously registered
or titled in another state or country
] in accordance with Transportation
Code, §548.256.
, or
] any passenger
car or truck.
(22)
Importer - A person, except
a manufacturer, who brings any used motor vehicle into this state for the
purpose of sale within this state.]
(23)
] Insurance company - A person
authorized to write automobile insurance in Texas or an out-of-state insurance
company that pays a loss claim for a motor vehicle in Texas.
(24)
] Late model motor vehicle
- A motor vehicle with a model year equal to the then current calendar year
or one of the five preceding calendar years.
(25)
] Late model salvage motor
vehicle - A late model motor vehicle, other than a late model vehicle that
is a nonrepairable motor vehicle, that is damaged to the extent that the total
estimated cost of repairs, other than repairs related to hail damage but including
parts and labor, is equal to or greater than an amount equal to 75% of the
actual cash value of the vehicle in its predamaged condition.
(26)
] Lien - A security interest,
as defined in Business and Commerce Code, §1.201(37), of whatsoever kind
or character whereby an interest, other than an absolute title, is sought
to be held or given in a motor vehicle
. This term includes
[
, and
] a lien created or given by constitution or statute in a motor
vehicle.
(27)
] Major component part - One
of the following parts of a motor vehicle:
(28)
] Manufacturer - A person regularly
engaged in the business of manufacturing or assembling new motor vehicles,
either within this state or elsewhere.
(29)
] Manufacturer's certificate
of origin - A form prescribed by the department showing the original transfer
of a new motor vehicle from the manufacturer to the original purchaser, whether
importer, distributor, dealer, or owner, and when presented with an application
for certificate of title, showing, on appropriate forms prescribed by the
department, each subsequent transfer between distributor and dealer, dealer
and dealer, and dealer and owner.
(30)
] Moped - A motor driven cycle
whose attainable speed is not more than 30 miles per hour and that is equipped
with a motor that produces not more than two-brake horsepower. If an internal
combustion engine is used, the piston displacement may not exceed 50 cubic
centimeters and the power drive system may not require the operator to shift
gears.
(31)
] Motor vehicle - Any motor
driven or propelled vehicle required to be registered under the laws of this
state; a trailer or semitrailer, other than manufactured housing, that has
a gross vehicle weight that exceeds 4,000 pounds; a house trailer; a four-wheel
all-terrain vehicle designed by the manufacturer for off-highway use that
is not required to be registered under the laws of this state; or a motorcycle,
motor-driven cycle, or moped that is not required to be registered under the
laws of this state, other than a motorcycle, motor-driven cycle, or moped
designed for and used exclusively on a golf course.
(32)
] Motor vehicle importation
form -
A
[
An importer's
] declaration form prescribed
by the United States Department of Transportation and certified by United
States Customs that relates to
any motor vehicle being brought into the
United States and the
[
an imported
] motor vehicle's compliance
with federal motor vehicle safety standards.
(33)
Negotiable title - A title
that may be used to transfer an interest or ownership in a motor vehicle,
or to establish a new lien.]
(34)
] New model motor vehicle -
A motor vehicle with a model year that is newer than the current calendar
year.
(35)
] New model salvage motor vehicle
- A new model motor vehicle, other than a new model vehicle that is a nonrepairable
motor vehicle, that is damaged to the extent that the total estimated cost
of repairs, other than repairs related to hail damage but including parts
and labor, is equal to or greater than an amount equal to 75% of the actual
cash value of the vehicle in its predamaged condition.
(36)
] New motor vehicle - A motor
vehicle that has never been the subject of a first sale either within this
state or elsewhere.
(37)
Non-negotiable title - A
title that may be used only as evidence of title and may not be used to transfer
any interest or ownership in a motor vehicle, or to establish a new lien.]
(38)
] Nonrepairable motor vehicle
- A new or late model motor vehicle that is damaged or missing a major component
part to the extent that the total estimated cost of repairs to rebuild or
reconstruct the vehicle, including parts and labor other than the costs of
materials and labor for repainting the vehicle and excluding sales taxes on
the total cost of the repairs, and excluding the cost of repairs to repair
hail damage, is equal to or greater than an amount equal to 95% of the actual
cash value of the vehicle in its predamaged condition.
(39)
] Nonrepairable motor vehicle
certificate of title - A document issued by the department that evidences
ownership of a nonrepairable motor vehicle.
(40)
] Non United States standard
motor vehicle - A motor vehicle not manufactured in compliance with federal
motor vehicle safety standards.
(41)
] Obligor - An individual who
is required to make payments under the terms of a support order for a child.
(42)
] Older model motor vehicle
- A motor vehicle that was manufactured in a model year before the sixth preceding
model year, including the current model year.
(43)
] Other negotiable evidence
of ownership - A document, other than a Texas certificate of title or a salvage
certificate of title, that relates to a motor vehicle and that the department
considers sufficient to support issuance of a Texas certificate of title for
the vehicle.
(44)
] Out-of-state buyer - A person
licensed by another state or jurisdiction in an automotive business if the
department has listed the holders of the license as permitted purchasers of
salvage motor vehicles or nonrepairable motor vehicles based on substantially
similar licensing requirements and on whether salvage vehicle dealers licensed
in Texas are permitted to purchase salvage motor vehicles or nonrepairable
motor vehicles in the other state or jurisdiction.
(45)
] Owner - A person, firm, association,
or corporation, other than a manufacturer, importer, distributor, or dealer,
claiming title to a motor vehicle, or having a right to operate a motor vehicle
pursuant to a lien after the motor vehicle has been the subject of a first
sale, except the Federal Government and its agencies, and except the State
of Texas and a governmental subdivision or agency not required by law to register
motor vehicles owned or used in this State.
(46)
] Person - An individual, firm,
corporation, company, partnership, or other entity.
(47)
] Rebuilder - A person that
acquires and repairs, for operation on public highways, five or more new or
late model salvage motor vehicles in any 12-month period.
(48)
] Rebuilt salvage - A remark
indicated on the face of a certificate of title issued by the department that
evidences ownership of a rebuilt salvage motor vehicle.
(49)
] Safety certification label
- A label placed on a motor vehicle by a manufacturer certifying that the
motor vehicle complies with all federal motor vehicle safety standards.
(50)
] Salvage motor vehicle - A
new or late model motor vehicle, other than a new or late model vehicle that
is a nonrepairable motor vehicle, that is damaged to the extent that the total
estimated cost of repairs, other than repairs related to hail damage but including
parts and labor, is equal to or greater than an amount equal to 75% of the
actual cash value of the vehicle in its predamaged condition.
(51)
] Salvage motor vehicle certificate
of title - A document issued by the department that evidences ownership of
a salvage motor vehicle.
(52)
] Salvage vehicle - A term
that refers to both salvage and nonrepairable vehicles.
(53)
] Salvage vehicle dealer -
A person who is engaged in this state in the business of acquiring, selling,
or otherwise dealing in salvage vehicles or vehicle parts of a type required
to be covered by a salvage vehicle certificate of title or nonrepairable vehicle
certificate of title under a license issued by the department that allows
the holder of the license to acquire, sell, dismantle, repair, or otherwise
deal in salvage vehicles.
(54) Semi-Trailer
] - A vehicle of the trailer type having a gross weight in excess of
four thousand (4,000) pounds so designed or used in conjunction with a motor
vehicle that some part of its own weight and that of its load rests
on
[
upon
] or is carried by another vehicle.
(55)
] Statement of fact - A written
declaration that supports an application for a certificate of title, that
is executed by the seller
of a motor vehicle
or
another
involved party
to a transaction involving
[
of
] a motor
vehicle, and that clarifies an error made on
a certificate of title or
other negotiable
evidence of ownership.
When a written declaration
is necessary to correct an odometer disclosure error, the signatures of both
the seller and buyer are required.
(56)
] Subsequent sale - The bargain,
sale, transfer, or delivery of a motor vehicle that has been previously registered
or licensed in this state or elsewhere, with intent to pass an interest in
the vehicle, other than a lien, regardless of where the bargain, sale, transfer,
or delivery occurs, and the registration of the vehicle if registration is
required under the laws of this state.
(57)
] Token trailer fee - A registration
fee paid for certain semitrailers, meeting the qualifications delineated in
Transportation Code, §502.167, and used in combination with truck tractors
or commercial motor vehicles whose registration is based
on
[
upon
] a combined gross weight.
(58)
] Trailer - Every vehicle having
a gross unloaded weight in excess of four thousand (4,000) pounds and designed
or used to carry its load wholly on its own structure and to be drawn by a
motor vehicle.
(59)
] Used motor vehicle - A motor
vehicle that has been the subject of a first sale, whether within this state
or elsewhere.
(60)
] 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.
(61)
] Verifiable proof - Additional
documentation required of a vehicle owner, lienholder, or agent executing
an application for a certified copy of a certificate of title.
, and §502.278
];
and
; and
]
(C)
vehicles eligible for permit
license plates in accordance with Transportation Code, §§502.351-502.353.]
in order
] to be titled.
upon
] the public streets
and highways.
the
] odometer reading and brand, or the word
"exempt" if the motor vehicle is exempt from federal and state odometer disclosure
requirements;
semi-trailer
], or item of equipment required to be titled,
or if the serial number assigned and die-stamped by the manufacturer has been
lost, removed, or obliterated, the department will
on
[
upon
] proper application, presentation of evidence of ownership, and presentation
of evidence of a law enforcement physical inspection, assign a serial number
to the motor vehicle, trailer, or equipment. The manufacturer's serial number
or the assigned serial number will be used by the department as the major
identification of the motor vehicle or trailer in the issuance of a certificate
of title.
(C) the
] identification
certificate
if
required by Transportation Code, §548.256,
and Transportation Code, §501.030,
and
if the vehicle [
was last registered in another state or country
]
is being titled
and registered, or registered only
; and
(D)
] a release of any liens, provided
that if any liens are not released, they will be carried forward on the new
certificate of title application with the following limitations.
An out-of-state
] lien recorded
on out-of-state evidence as described in subsection (c) of this section cannot
be carried forward to a Texas title when there is a transfer of ownership,
unless a release of lien or authorization from the lienholder is attached.
importer
].
Imported motor
] vehicles
brought into the United States
. An application for certificate of title
for a motor vehicle last registered or titled in a foreign country must be
supported by documents including, but not limited to, the following:
year
]
model
year
;
where
] the date of sale
on an assignment has been erased or altered in any manner; or
upon
] receiving a completed application for certificate of title, along
with the
statutory
[
title application
] fee
for
a title application
[
of $13
] and any other applicable fees,
the department or its designated agent will
issue a receipt and
process
the application for
[
and issue a
] certificate
of title.
Negotiable titles
]. The department
will issue and mail or deliver a
certificate of title
[
negotiable
title, marked "Original,"
] to the applicant or, in the event that there
is a lien disclosed in the application, to the first lienholder.
Non-negotiable titles. The department will issue non-negotiable
titles, which
] may be used only as evidence of title and may not be
used to transfer any interest or ownership in a motor vehicle or to establish
a new lien [
, in the following circumstances
].
(A)
In the event that there is
a lien disclosed in the application, a duplicate certificate of title marked
"Duplicate Original" will be mailed or delivered to the address of the applicant
as disclosed upon the application.]
(B)
In the event that the owner
of a vehicle last registered or titled in another state (and subject to registration
in this state) cannot or does not wish to relinquish the negotiable out-of-state
evidence of ownership to obtain a negotiable Texas title, a duplicate certificate
of title marked "Registration Purposes Only" will be mailed or delivered to
the address of the applicant as disclosed upon the application. In instances
in which the title or registration receipt is assigned to the applicant, an
application for "Registration Purposes Only" will not be processed.]
upon
] proper application and payment of the appropriate fee to
the department.
(4)
Recovery of lost title. In
the event that the "Duplicate Original" or "Original" certificate of title
is recovered, the owner shall relinquish the "Duplicate Original" or "Original"
certificate of title to the department for cancellation. Thereafter, if a
subsequent application for certificate of title is filed in the current owner's
name, the department will issue an "Original" certificate of title.]
upon
] receipt of written
notice of transfer and a $5.00 fee from the transferor of a motor vehicle,
the department will mark its records to indicate the date of transfer and
the full name and address of the transferee.
mortgagee
];
upon
] the
filing of the bond, the department may issue a certificate of title. The bond
shall expire three years after the date it becomes effective and will be returned
to the person posting bond,
on
[
upon
] expiration, unless
the department has been notified of the pendency of an action to recover on
the bond.
Subchapter B. MOTOR VEHICLE REGISTRATION
which
] is contiguous
to the border with Mexico.
(8)
Bus (motor) - A motor propelled
vehicle used in transporting persons upon the public highways of this State
for compensation or hire exclusively within the limits of incorporated cities
and/or towns or suburban additions to such cities and/or towns.]
(9)
Bus (street or suburban) -
A vehicle, except a motor bus or passenger car, used in transporting persons
for compensation (or hire) exclusively within the limits of cities and towns
or suburban additions to such cities or towns.]
(10)
] Carrying capacity - The maximum
safe load that a commercial vehicle may carry, in tons, as determined by the
manufacturer.
(11)
] Character - A numeric or alpha
symbol displayed on a license plate.
(12)
] Combination license plate
- A license plate issued for a truck or truck tractor that has a manufacturer's
rated carrying capacity of more than one ton and is used or intended to be
used in combination with a semitrailer that has a gross weight of more than
6,000 pounds.
(13)
] Commercial vehicle - Any
vehicle (other than a motorcycle or passenger car) designed or used primarily
for the transportation of property, including any passenger car
that
[
which
] has been reconstructed so as to be used, and
that
[
which
] is being used, primarily for delivery purposes,
with the exception of passenger cars used in the delivery of the United States
mail.
(14)
] Conventional vehicle - A
regular truck or regular trailer
that is
eligible only for regular
registration[
,
]
and that is
[
which are
] primarily
designed to transport divisible loads, regardless of the vehicle's present
use
. Vehicles that
[
(vehicles which
] have been altered
or reconstructed, or
on
[
upon
] which machinery has been
mounted or attached, permanently or otherwise, retain their conventional status[
)
].
(15)
] 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.
(16)
] Department - The Texas Department
of Transportation.
(17)
] Director - The director of
the Vehicle Titles and Registration Division, Texas Department of Transportation.
(18)
] Disabled person - A person
who has mobility problems that substantially impair the person's ability to
ambulate or who is legally blind.
(19)
] Escrow account - A deposit
of a specific amount of money held by the department for security.
(20)
] Evidence of financial responsibility
- The original document or photocopy of any one of the following items:
on file with that department, such
] bond
is guaranteed by
[
shall include
] at least two individual
sureties each owning real estate within this state;
(21)
] 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.
(22)
] Exempt agency - A governmental
body exempted by statute from paying registration fees when registering motor
vehicles.
(23)
] Exempt license plates - Specially
designated license plates issued to certain vehicles owned or controlled by
exempt agencies.
(24)
] Exhibition vehicle -
which
]:
(A)
is at least 25 years old;]
(B)
] is a collector's item;
(C)
] is used exclusively for exhibitions,
club activities, parades, and other functions of public interest;
(D)
] does not carry advertising;
and
(E)
] has a frame, body, and motor
that is at least 25 years old
; or
(25)
] Fire fighting equipment -
Equipment mounted on fire fighting vehicles used in the process of fighting
fires, including, but not limited to, ladders and hoses.
(26)
] Gross weight - The sum of
the empty weight of a commercial vehicle (or vehicles, if operated in combination),
combined with its maximum carrying capacity, rounded up to the next 100 pounds.
(27)
] Highway construction project
- That section of the highway between the warning signs giving notice of a
construction area.
(28)
] International symbol of access
- The symbol adopted by Rehabilitation International in 1969 at its Eleventh
World Congress of Rehabilitation of the Disabled.
(29)
] Legally blind - Having not
more than 20/200 [
of
] visual acuity in the better eye with correcting
lenses, or visual acuity greater than 20/200 but with a limitation in the
field of vision such that the widest diameter of the visual field subtends
an angle no greater than 20 degrees.
(30)
] Light truck - As defined
in Transportation Code, §541.201, any truck with a manufacturer's rated
carrying capacity not to exceed two thousand pounds, including those trucks
commonly known as pickup trucks, panel delivery trucks, and carryall trucks.
(31)
] Make - The trade name of
the vehicle manufacturer.
(32)
] Net carrying capacity - 150
pounds multiplied by the seating capacity as determined by the manufacturer's
rated seating capacity, exclusive of the driver's or operator's seat
,
or in the case of a vehicle that is not rated by the manufacturer,
as determined by
an allowance of one passenger for each sixteen inches,
exclusive of the driver's or operator's seat.
(33)
] Nonprofit organization -
An unincorporated association or society or a corporation that is incorporated
or holds a certificate of authority under the Texas Non-Profit Corporation
Act, as amended (Texas Civil Statutes, Article 1396-1.01 et seq.).
(34)
Official - A representative
of a taxing entity who is authorized to secure vehicle registration information
for the purposes of taxation.]
In accordance with Transportation Code, §502.001,
any person who holds the legal title of a vehicle or who has the legal right
of possession thereof, or the legal right of control of said vehicle.
]
A 12-month period beginning on the first day of a calendar month and
expiring on the last day of the last calendar month in that 12-month period.
]
which
] allows individuals or businesses to access the department's
vehicle registration records.
upon
] submission of an application
for a special category license plate, symbol, [
or
] tab,
or
other device,
and collected in addition to statutory motor vehicle registration
fees.
(47)
] 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.
(48)
] Token trailer -[
A
]:
(49)
] Tow truck - A motor vehicle
equipped with a
[
or
] mechanical device adapted or used to
tow, winch, or otherwise move
another motor vehicle
[
disabled
motor vehicles
].
(50)
] Travel trailer - A house
trailer-type vehicle or a camper trailer that is less than eight feet in width
or 40 feet in length, exclusive of any hitch installed on the vehicle
,
and
is
designed primarily for use as temporary living quarters
in connection with recreational, camping, travel, or seasonal use and not
as a permanent dwelling.
(51)
] 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.
(52)
] Vehicle -
A
[
Every
] device in[
,
] or by which
a
[
, any
] person or property is or may be transported or drawn
on
[
upon
] a public highway,
other than a device
[
except devices
] used exclusively
on
[
upon
] stationary
rails or tracks.
(53)
] Vehicle classification -
The grouping of vehicles in categories for the purpose of registration, based
on
[
upon
] design, carrying capacity, or use.
(54)
] Vehicle description - Information
regarding a specific vehicle, including, but not limited to, the vehicle make,
[
year
] model
year
, body style, and vehicle identification
number.
(55)
] 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.
(56)
] Vehicle inspection sticker
- A sticker issued by the Texas Department of Public Safety signifying that
a vehicle has passed all applicable safety and emissions tests.
(57)
] 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
[
which allows
] the vehicle to be
operated
on
[
upon
] the public highways.
(58)
] Vehicle registration record
- Information contained in the department's files
that
[
which
] reflects, but is not limited to, the make, vehicle identification
number, [
year
] model
year
, body style, license number,
and the name of the registered owner.
(59)
] Volunteer fire department
- An association that is organized for the purpose of answering fire alarms,
extinguishing fires, and providing emergency medical services.
upon
] the public highways
of this state must be registered in accordance with Transportation Code, Chapter
502 and the provisions of this section. Transportation Code, Chapter 501,
Subchapter E and §17.8 of this title (relating to Certificates of Title
for Salvage Vehicles) prohibit registration of a vehicle whose owner has been
issued a salvage or nonrepairable motor vehicle certificate of title. These
vehicles may not be operated
on
[
upon
] a public roadway.
upon
] receipt of a complete initial
application for registration with the accompanying documents and fees, the
department will issue vehicle registration insignia to be displayed on the
vehicle for which the registration was issued for the current registration
period.
must
] be attached to the inside lower left corner of the vehicle's front
windshield within six inches of the vehicle inspection sticker in a manner
that will not obstruct the vision of the driver.
in lieu
] of displaying
a symbol, tab, or license plate.
upon
] the highways of the state after the fifth working day after the
date a vehicle registration expires.
upon
] request by the owner at the time of registration renewal, provided
the current plates are over five years old.
upon
] issuance of the replacement and on [
upon
]
request by the county tax assessor-collector.
an identification certificate required by Transportation Code, §548.256
and §501.030
].
(VIN)
] and the
license
[
registration
] plate number of the affected vehicle.
(I/M)
] programs as required by the Health and Safety Code, §382.037
and §382.0372, and Transportation Code, Chapter 548, Subchapter F.
Transportation Code, §501.0276 and §502.1535, requires a vehicle
to pass an emissions test on resale in an affected county before it is titled
or registered.
This section prescribes the
department's
policies
and procedures [
for a denial of registration enforcement system
]
if a vehicle does not comply with the emissions standards set by federal and
state laws and the provisions of the Texas air quality State Implementation
Plan.
(1)
] Department - The Texas Department
of Transportation.
(2)
] DPS - The Texas Department
of Public Safety.
(3)
Nonattainment area - Any portion
of an air quality control region where any pollutant exceeds the national
ambient air quality standards for the pollutant as designated pursuant to
the Federal Clean Air Act.]
(4)
State Implementation Plan
(SIP) - A document required by the United States Environmental Protection
Agency that commits to the adoption and implementation of a vehicle emissions
I/M program which meets all the requirements of the Environmental Protection
Agency.]
(5)
] TNRCC - The Texas Natural Resource
Conservation Commission.
(6)
] Vehicle - A
self-propelled
[
motor-driven or propelled
] vehicle required to be registered
in the state
,
except those vehicles exempted by [
the
]
TNRCC.
(7)
] Vehicle inspection report -
A vehicle inspection form prescribed by [
the
] DPS that is printed
by the vehicle exhaust gas analyzer immediately following an emissions test.
Conditions to
vehicle registration denial.
]
The
] DPS, after notice to the vehicle owner,
will notify the department if a motor vehicle owner fails to comply with the
requirements of Transportation Code, Chapter 548, Subchapter F.
The
] TNRCC, after notice to the vehicle owner,
will notify the department if a motor vehicle fails to comply with the requirements
of Health and Safety Code, §382.037 and §382.0372
,
and
Transportation Code, Chapter 548, Subchapter F.
(VIN)
] and the
license
[
registration
] plate
number of the affected vehicle.
the
] DPS or TNRCC, the department will place a notation on
the motor vehicle record that the motor vehicle has failed to comply with
the vehicle emissions I/M program.
the
] DPS or TNRCC, the department will remove the non-compliance
notation from the motor vehicle record.
the
] DPS that includes
the vehicle identification number [
(VIN)
] and the
license
[
registration
] plate number.
The
] DPS and TNRCC will provide the department
with the notifications in a format approved by the department.
The
] DPS and TNRCC will enter into an agreement
with TxDOT regarding the remittance to the department for costs associated
with implementation of the emissions program.
Chapter 21.
RIGHT OF WAY
Chapter 23.
TRAVEL INFORMATION
Part 2.
TEXAS TURNPIKE AUTHORITY DIVISION OF THE TEXAS DEPARTMENT OF TRANSPORTATION
Subchapter B. GOVERNANCE OF THE AUTHORITY
Subchapter C. PUBLIC MEETINGS AND PUBLIC ACCESS
Subchapter D. EMPLOYMENT PRACTICES
Subchapter E. INDEMNIFICATION
Subchapter F. PUBLIC RECORDS, COMPLAINT PROCEDURES AND DEBT COLLECTION
Chapter 53.
CONTRACTING AND PROCUREMENT PROCEDURES