Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 17.
VEHICLE TITLES AND REGISTRATION
Subchapter A. MOTOR VEHICLE CERTIFICATES OF TITLE
43 TAC §17.10
The Texas Department of Transportation (department) proposes
amendments to §17.10, concerning motor vehicle restitution liens.
EXPLANATION OF PROPOSED AMENDMENTS
House Bill 1365, 78th Legislature, Regular Session, 2003, amended Transportation
Code, §501.138, to increase title application fees to $33 in affected
counties as defined by Health and Safety Code, §386.001, and to increase
title application fees to $28 in all other counties in the state. All fees
collected over $13 will be sent to the Texas Comptroller of Public Accounts
for the benefit of the Texas Emissions Reduction Plan. Beginning September
1, 2008, all fees collected over $13 will be sent to the Texas Comptroller
of Public Accounts for the benefit of the Texas Mobility Fund.
Section §17.10 governs the imposition of a lien on motor vehicles
to secure the payment of restitution imposed as a result of a criminal conviction.
Subsection (e) is amended to remove the reference to a $13 title application
fee and to replace it with a general cross-reference to the relevant statutory
citation. This change brings the rule into conformity with Transportation
Code, §501.138, as amended.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments as proposed are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the amendments. There are no economic costs for persons required
to comply with the section as proposed beyond the economic costs required
to comply with the relevant statute.
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 of the first five years the
section is in effect, the public benefit anticipated as a result of enforcing
or administering the amendments will be to avoid confusion by ensuring that
the department's rules conform to the relevant statutes. 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 September 15, 2003.
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 department, and more specifically,
Transportation Code, §501.131, which authorizes the department to adopt
rules governing the issuance of motor vehicle certificates of title.
CROSS-REFERENCE TO STATUTE
Transportation Code, §501.138.
§17.10.Restitution Liens.
(a)
Purpose. Pursuant to the Code of Criminal Procedure, Article
42.22, victim or an attorney for the state may file a lien on any interest
in a motor vehicle of a person convicted of a criminal offense to secure payment
of restitution or fines or costs. This section establishes the procedures
to perfect the filing and the removal of the lien on any interest of the defendant
in a motor vehicle whether then owned or after-acquired.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Department--The Texas Department of Transportation.
(2)
Restitution lien--A lien placed against a defendant’s
motor vehicle in order to recoup a judgment or fines or costs.
(3)
State--The State of Texas and all its political subdivisions.
(4)
Victim--A close relative of a deceased victim, guardian
of a victim, or victim, as those terms are defined by the Code of Criminal
Procedure, Article 56.01.
(c)
Persons who may file a restitution lien. The following
persons may file a restitution lien:
(1)
a victim of a criminal offense to secure the amount of
restitution to which the victim is entitled under the order of a court in
a criminal case; and
(2)
an attorney of the state to secure the amount of fines
or costs entered against a defendant in a judgment in a felony criminal case.
(d)
Perfection of a restitution lien. A restitution lien against
any interest in a motor vehicle must be perfected in accordance with Transportation
Code, Chapter 501, and in the name of the court which established the restitution
lien, in care of the court clerk. The victim or the attorney representing
the state must file an application for certificate of title with a county
tax-assessor collector to perfect the restitution lien. The application must
be on a form prescribed by the department as described in §17.3(b)(2)
of this title (relating to Motor Vehicle Certificates of Title), and shall
be supported by, at a minimum, the following documents:
(1)
evidence of motor vehicle ownership, as described in §17.3(c),
which is properly assigned to or issued in the name of the defendant;
(2)
an original or certified copy of the court order or judgment
establishing the restitution lien and requiring the defendant to pay restitution,
fines, or costs; and
(3)
an affidavit to perfect a restitution lien which must include,
at a minimum:
(A)
the name and birth date of the defendant whose interest
in the motor vehicle is subject to the lien;
(B)
the residence or principal place of business of the person
named in the lien, if known;
(C)
the criminal proceeding giving rise to the lien, including
the name of the court, the name of the case, and the court’s file number
for the case;
(D)
the name and address of the attorney representing the state
and the name and address of the person entitled to restitution;
(E)
a statement that the notice is being filed pursuant to
Code of Criminal Procedure, Article 42.22;
(F)
the amount of restitution, fines, and costs the defendant
has been ordered to pay by the court;
(G)
a statement that the amount of restitution owed at any
one time may be less than the original balance and that the outstanding balance
is reflected in the records of the clerk of the court hearing the criminal
proceeding giving rise to the lien;
(H)
the vehicle description (year, make, and vehicle identification
number) of the motor vehicle for which the restitution lien is to be perfected;
and
(I)
the signature of the attorney representing the state or
a magistrate.
(e)
Fees. The applicant will be required to pay a $5.00 restitution
lien filing fee, in addition to a [
(f)
Recording a restitution lien. Upon receiving a completed
application for certificate of title, the required supporting documents and
any applicable fees, the department or its designated agent will process and
issue a certificate of title recording the restitution lien. The original
certificate of title shall be mailed to the first lienholder, in accordance
with Transportation Code, §501.027.
(g)
Release of perfected restitution liens. The clerk of the
court recorded as the lienholder will receive payments from the defendant
and maintain a record of the outstanding balance of restitution, fines, or
costs owed by the defendant. Upon satisfaction of the lien, the clerk of the
court shall execute the release of lien as described in §17.3(h). The
release of lien must be provided to the owner or owner's designee. A photocopy
of the release of lien shall be forwarded to the department for filing.
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 August 1, 2003.
TRD-200304651
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-8630
43 TAC §17.52
The Texas Department of Transportation (department) proposes
amendments §17.52, concerning the vehicle emissions enforcement system.
EXPLANATION OF PROPOSED AMENDMENTS
Senate Bill 1159, 78th Legislature, Regular Session, 2003, provides for
certain counties to participate voluntarily in a motor vehicle emissions inspection
and maintenance program under Health and Safety Code, §382.037 and §382.0372,
and Transportation Code, Chapter 548, Subchapter F.
Section 17.52 governs the registration and titling of vehicles that are
subject to emissions testing. It is amended to add a definition of "early
action compact county" to subsection (b), to include references to early action
compact counties in subsections (a) and (d), and to change the name of the
Texas Natural Resource Conservation Commission to the Texas Commission on
Environmental Quality throughout the section. This change brings the rule
into conformity with Health and Safety Code, Chapter 382, Subchapter H, and
updates terminology to reflect the current name of the relevant environmental
agency.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments as proposed are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the amendments. There are no economic costs for persons required
to comply with the section as proposed beyond the economic costs required
to comply with the relevant statute.
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 of the first five years the
section is in effect, the public benefit anticipated as a result of enforcing
or administering the amendments will be to avoid confusion by ensuring that
the department's rules conform to the relevant statutes. 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 September 15, 2003.
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 department.
CROSS-REFERENCE TO STATUTE
Health and Safety Code, Chapter 382, Subchapter H.
Transportation Code, §§548.3011 and 548.306.
§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 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 subject to Transportation Code §548.3011, to pass
an emissions test on resale in an affected
or early action compact
county
before it is titled or registered. This section prescribes the department's
policies and procedures 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.
(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--A county with a motor vehicle emissions
inspection and maintenance program established under Transportation Code, §548.301.
(2)
Department--The Texas Department of Transportation.
(3)
DPS--The Texas Department of Public Safety.
(4)
Early action compact county--A
participating county under Health and Safety Code, Chapter 382, Subchapter
H.
(5)
TCEQ--The Texas Commission
on Environmental Quality.
[
(6)
[
(7)
[
(8)
[
(9)
[
(c)
Notice from DPS or
TCEQ
[
(1)
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.
(2)
TCEQ
[
(3)
The notice will include the vehicle identification number
and the license plate number of the affected vehicle.
(4)
If the department receives a notice of emissions noncompliance
from DPS or
TCEQ
[
(5)
If the department receives a notice
of
emissions
compliance from DPS or
TCEQ
[
(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 DPS that includes the vehicle
identification number and the license plate number.
(7)
DPS and
TCEQ
[
(8)
DPS and
TCEQ
[
(d)
Vehicles moved into affected
or early action compact
counties. If a vehicle was last titled in an unaffected county and
is to be titled or registered in an affected
or early action compact
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
or early action compact
county for fewer than 60 days during the registration
period for which registration is sought or to a vehicle that is a 1996 or
newer model and has less than 50,000 miles.
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 August 1, 2003.
TRD-200304652
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-8630
Subchapter D. OBSTRUCTION TO AIR NAVIGATION RULES
$13
] title application fee
in accordance with Transportation Code, §501.138,
and any other
applicable fees required by Transportation Code, Chapters 501, 502, and 520.
Subchapter B. MOTOR VEHICLE REGISTRATION
(4)
TNRCC--The Texas Natural Resource
Conservation Commission.]
(5)
] Vehicle--A self-propelled vehicle
required to be registered in the state, except those vehicles exempted by
TCEQ
[
TNRCC
].
(6)
] Vehicle inspection report--A
vehicle inspection form prescribed by DPS that is printed by the vehicle exhaust
gas analyzer immediately following an emissions test.
(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.
TNRCC
].
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.
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.
TNRCC
], the department
will remove the non-compliance notation from the motor vehicle record.
TNRCC
] will provide
the department with the notifications in a format approved by the department.
TNRCC
] will enter into
an agreement with TxDOT regarding the remittance to the department for costs
associated with implementation of the emissions program.
Chapter 30.
AVIATION