Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 17.
VEHICLE TITLES AND REGISTRATION
The Texas Department of Transportation (department) proposes amendments
to §17.2 and §17.3, concerning Motor Vehicle Certificates of Title, §§17.21
- 17.24, 17.28, 17.30, 17.33, and 17.36, concerning Motor Vehicle Registration, §17.54,
concerning Automated Equipment, §§17.61, 17.62, 17.65, and 17.68,
concerning Nonrepairable and Salvage Motor Vehicles, and §§17.72,
17.73 and 17.79, concerning Salvage Vehicle Dealers.
EXPLANATION OF PROPOSED AMENDMENTS
The 79th Legislature, 2005, passed various legislation relating to motor
vehicle certificates of title and registration. House Bill 749 expanded the
uses of vehicles displaying "Cotton Vehicle" license plates to allow for transportation
of chile peppers and chile pepper transporting or processing equipment. House
Bill 988 provided that licensed motor vehicle dealers are required to file
applications for certificates of title in the county selected by the purchaser.
House Bill 1244 authorized the department to issue "Classic Travel Trailer"
license plates. House Bill 1350 amended the definition of a "salvage motor
vehicle." House Bill 1646 amended the definition of "motor vehicle" and the
definition of "all-terrain vehicle." House Bill 2894 amended the provisions
relating to marketing of specialty license plates through a private vendor.
The proposed rules include clarifications of current policies. The department
has updated procedures on destruction of valid license plates, tow truck registration,
vehicle verification for vehicles entering the country and the transfer of
vehicle titles.
House Bill 2971, 78th Legislature, 2003, recodified all provisions relating
to issuance of specialty license plates. These provisions are now codified
in Transportation Code, Chapter 504. Throughout the proposed rules, citations
are corrected to reflect the appropriate Chapter 504 citation. The proposed
rules also include corrections of additional citations to correspond with
other statutory revisions, and nonsubstantive changes in language to correct
terminology and enhance readability.
Section 17.2(22), definition of "motor vehicle," is amended as a result
of the provisions of House Bill 1646 by deleting "4-wheel" in relation to
the number of wheels an all-terrain vehicle may have.
Section 17.3(a), Certificates of Title, is amended to correct statutory
citations and to correct terminology. "Motor" is added to correspond with
terminology used in Transportation Code, Chapter 501, Certificate of Title
Act.
Section 17.3(b)(1), Place of application, is amended, pursuant to House
Bill 988, to require a licensed motor vehicle dealer to file an application
for certificate of title in the county in which the purchaser resides, or
where the vehicle is sold or encumbered, as selected by the buyer.
Section 17.3(c)(3), Motor vehicles brought into the United States, is amended
by adding new subparagraph (B) and is renumbered accordingly. New subparagraph
(B) is added to clarify the existing requirement for submission of a verification
of the vehicle identification number with an application for title for a motor
vehicle brought into the United States. The verification must be on a form
provided by the department and executed by a member of the National Crime
Insurance Bureau, the Federal Bureau of Investigation, or a law enforcement
auto theft unit. The purpose of this requirement is to aid in the prevention
of trafficking stolen vehicles in Texas.
Section 17.3(f), Department notification of second hand vehicle transfers,
is amended for clarification. Paragraph (2), Records, is amended to clarify
that the department maintains a record of the information provided on the
written notice of transfer, but does not mark the automated motor vehicle
record to indicate the full name and address of the transferee.
The definition of cotton vehicle is added as §17.21(13) to clarify
that cotton vehicles may transport chili pepper modules and equipment used
in transporting or processing chili peppers, as well as seed cotton, cotton,
cotton burrs, or cotton equipment, as added by House Bill 749. Subsequent
paragraphs are renumbered accordingly.
Renumbered §17.21(35), Nonprofit organization, is amended to correct
the citation. The Business Organizations Code becomes effective January 1,
2006.
Renumbered §17.21(44), Special category license plate, §17.21(45),
Special category license plate fee, and §17.21(47), Sponsoring entity,
are amended to correct terminology. The term "special category" has been changed
to "specialty" throughout these paragraphs and §17.30 to be consistent
with terminology used in Transportation Code, Chapter 504 and §17.28
of this title.
Section 17.22(a), Registration, is amended to update the administrative
rule citation to correctly state that the provisions for nonrepairable or
salvage vehicle title issuance and registration of nonrepairable motor vehicles
is addressed in Subchapter D of this chapter.
Section 17.22(b), Initial application for vehicle registration, is amended
to correct terminology in paragraph (2)(A) by adding "nonrepairable or" in
relation to registration of a motor vehicle.
Section 17.22(d)(3) is also amended to change the term "must" to "should"
relating to the return of a license plate renewal notice. Although return
of the license plate renewal notice is preferred, a vehicle owner may renew
registration without a renewal notice.
Section 17.23(c)(3)(B) is amended to state the required format for evidence
of financial responsibility required from a motor carrier.
Section 17.24(c)(2), Application form, is amended to match statutory language,
by deleting the requirement for disclosure of an applicant's entire driver's
license or number of the applicant's personal identification card, and requiring
only the first four digits of the number.
Section 17.28(c)(2), Number of plates issued, is amended by adding new
(B)(ii) to clarify that only one classic travel trailer license plate will
be issued to a vehicle eligible to receive that license plate as a result
of enactment of House Bill 1244. Subsequent clauses are renumbered accordingly.
Section 17.28(e)(1)(B)(iii), Non-transferable between vehicles, is amended
to clarify that classic travel trailer license plates issued as a result of
House Bill 1244 are non-transferable between vehicles. A classic travel trailer
license plate is issued for use only on a specific travel trailer that has
met the criteria provided in House Bill 1244. A new application is required
for each travel trailer for which a classic travel trailer license plate is
requested to determine eligibility for the license plate. House Bill 1244
did not provide a statutory exemption allowing a classic travel trailer license
plate to be transferred between vehicles.
Section 17.28(j), Marketing of specialty license plates through a private
vendor, is amended to be consistent with the language of House Bill 2894.
In addition to the proposed changes necessary to address statutory revisions,
this section is also amended to clarify that a private vendor may agree to
market and sell existing "non-qualifying" specialty license plates only. Examples
of "qualifying" license plates that will not be marketed or sold under the
vendor contract include certain military license plates, plates with restricted
distribution (state official, county judge), and plates that are restricted
to a certain type of vehicle.
Section 17.30(b)(3), Combination license plates, is amended to clarify
current policy by adding that a vehicle registered with combination license
plates is required to display only one license plate on the front of the vehicle.
Section 17.30(b)(4) and (5) is amended to correct terminology and to update
statutory citations. The term "special category" has been changed to "specialty"
to be consistent with terminology used in Transportation Code, Chapter 504
and §17.28 of this title.
Section 17.30(b)(6), Intransit license plates, §17.30(d)(1)(A), March
expiration, and §17.30(f), Replacement of lost, stolen, or mutilated
commercial vehicle license plates, are corrected to be consistent with statutory
language. "Intransit" has been changed to "In Transit" to be consistent with
language used in Transportation Code, Chapter 503, and with the legend indicated
on the In Transit license plate.
Section 17.30(d)(1), Registration period, is amended by adding new (B)(ii)
to clarify that Rental Trailer license plates will be issued for a five-year
period with a March 31st expiration date for rental trailers that are part
of a rental fleet, as defined in Transportation Code, §501.166. The Rental
Trailer classification was previously omitted. The subsequent clause is renumbered
accordingly.
Section 17.30(d)(3), Return of License Plate Renewal Notice, is amended
to change the term "must" to "should" to be consistent with the changes to §17.22(d)(3).
Section 17.30(f), Replacement of lost, stolen, or mutilated commercial
vehicle license plates, is amended to delete an incorrect provision that replacement
Tow Truck license plates may not be issued. In 1997, the department began
issuing standard-sized tow truck license plates for registration of Texas
tow trucks in lieu of regular truck license plates and a smaller Tow Truck
tag. Prior to this date, if the smaller Tow Truck tag was lost, stolen, or
mutilated, the owner was required to pay a $15 fee to obtain a new, smaller
Tow Truck tag since the tag was not considered "registration." This section
is corrected to clarify that replacement Tow Truck license plates may now
be issued upon payment of the statutory $5.30 registration replacement fee.
Section 17.33, Registration Fee Credit: Nontransferable, is amended to
correct the name of the division that maintains registration and title records
from "Motor Vehicle Division" to "Vehicle Titles and Registration Division."
Section 17.36, Water Well Drilling Equipment, is amended to correct the
name of the licensing agency to the Texas Department of Licensing and Regulation
to be consistent with the provisions of Occupations Code, §1902.001.
Section 17.54(c), is amended to clarify that the criteria for collection
of the additional fee for the automated registration and title system is 50,000
"or more" annual registrations, as provided for in Transportation Code §502.1705.
Section 17.54(c) is also amended by deleting the reference in paragraph
(2) to the "Allocation of Vehicle Registration Fees report for each calendar
year." Deleting this reference eliminates the restriction of using only this
one report. Other reports are available to the department that more accurately
reflect the volume of registrations to identify which counties meet the criteria
of 50,000 or more annual registrations.
Section 17.61(19), Salvage motor vehicle, is amended to be consistent with
Transportation Code, §501.091, and to clarify that a salvage motor vehicle
includes a vehicle that is missing a major component part, and that the cost
of repairs does not include materials and labor for repainting or sales tax
on the cost of the repairs, as provided for in House Bill 1350.
Section 17.62(a), Determination of condition of vehicle, is reformatted
and amended by adding new paragraph (5) to provide new exemptions from the
estimated cost of repair calculations for a damaged vehicle as provided by
House Bill 1350. The cost of repairs does not include the costs of materials
or labor for repainting the motor vehicle, or sales tax on the total cost
of repairs.
Additionally, Subsections 17.62(a)(1), (2) and (4) are amended by deleting
the term "estimated" relating to the cost of repairs of a damaged vehicle
to be consistent with Transportation Code, §501.091. House Bill 3588,
passed by the 78th Legislature, 2003, amended the definition of "salvage motor
vehicle" and "nonrepairable motor vehicle." The amended definitions do not
include the term "estimated."
Section 17.65, Dismantling, Scrapping, or Destruction of Motor Vehicles,
is amended by adding new subsection (b)(2) to clarify that unexpired license
plates and registration validation stickers removed from vehicles that are
to be dismantled, scrapped, or destroyed must be stored in a secure location.
Section 17.65 is also amended by adding new subsection (d) to clarify current
policy that provides a person may destroy unexpired license plates and registration
validation stickers once the person receives acknowledgment from the department
that the department has received the surrendered evidence of ownership for
the applicable vehicle. Subsequent subsections are renumbered accordingly.
Section 17.68(c), Fee for rebuilt salvage certificate of title, is amended
to correct the administrative rule citation. A $65 rebuilt salvage fee must
accompany an application for a Rebuilt Salvage Certificate of Title unless
the applicant provides the written statement explained in §17.68(d)(3)(B).
Section 17.72(c)(4) is amended to correct grammar.
Section 17.73(b), Initial application, is amended by adding the term "legal"
to paragraphs (1)(A), (2)(A)(x), and (3)(I). This change is made to clarify
the current requirement that an individual applicant, corporate officer or
director, or an owner or partner of a partnership, provide their legal name
on the application for a salvage vehicle dealer license. This requirement
is necessary in order to investigate and conduct criminal background checks
on applicants as provided for in §17.75(a) of this chapter.
Section 17.73(b)(1), Form of application for salvage vehicle dealer license,
is amended by adding new subparagraph (G) to clarify the current requirement
that an individual applicant for a salvage vehicle dealer license must include
the applicant's date of birth. This information is necessary to investigate
and conduct criminal background checks on applicants as provided for in §17.75(a)
of this chapter. Subsequent subparagraphs are renumbered accordingly.
Section 17.79(b), Dismantled, scrapped, or destroyed motor vehicle, is
amended to be consistent with the changes in §17.65.
FISCAL NOTE
James Bass, Chief Financial Officer, 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 anticipated economic costs for
persons required to comply with the sections as proposed.
Mike Craig, Interim Director, Vehicle Titles and Registration, 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. Craig 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 current and accurate information
regarding the titling and registration statutes, titling requirements, the
availability of Classic Travel Trailer license plates, the expanded uses of
Cotton Vehicle license plates, and salvage vehicle dealer licensing and duties
in this state. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Mike Craig,
Interim Director, Vehicle Titles and Registration Division, Texas Department
of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline
for receipt of comments is 5:00 p.m. on December 12, 2005.
Subchapter A. MOTOR VEHICLE CERTIFICATES OF TITLE
43 TAC §17.2, §17.3
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §501.131, which allows the department
to adopt rules to administer Transportation Code, Chapter 501, governing the
titling of motor vehicles, Transportation Code, §502.0021, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration,
and Occupations Code, §2302.051, which authorizes the commission to adopt
rules governing salvage vehicle dealers.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapters 501, 502, and
504, and Occupations Code, Chapter 2302.
§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) - (21)
(No change.)
(22)
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;
an
[
(23) - (37)
(No change.)
§17.3.Motor Vehicle Certificates of Title.
(a)
Certificates of title. Unless otherwise exempted by law
or this chapter, the owner of any
motor
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)
(No change.)
(2)
Farm vehicles.
(A) - (C)
(No change.)
(D)
Farm semitrailers with a gross weight of more than 4,000
pounds that are registered in accordance with Transportation Code,
§504.504
[
(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,
§504.504
[
(B)
(No change.)
(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,
§504.504
[
(A) - (B)
(No change.)
(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,
Occupations Code,
Chapter 1201,
[
(ii) - (iii)
(No change.)
(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
§17.63(a)
[
(2) - (4)
(No change.)
(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) - (2)
(No change.)
(3)
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:
(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; [
(B)
verification of the vehicle identification
number of the vehicle, on a form prescribed by the department, executed by
a member of:
(i)
the National Insurance Crime Bureau;
(ii)
the Federal Bureau of Investigation; or
(iii)
a law enforcement auto theft unit; and
(C)
[
(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
a
valid reason for the rejection of any
transaction to which altered evidence is attached.
(A) - (D)
(No change.)
(5)
(No change.)
(d) - (e)
(No change.)
(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)
(No change.)
(2)
Records. On 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
will maintain a record
of the information provided on the written notice of transfer
[
(3) - (4)
(No change.)
(g) - (h)
(No change.)
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 October 28, 2005.
TRD-200504920
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §§17.21 - 17.24, 17.28, 17.30, 17.33, 17.36
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §501.131, which allows the department
to adopt rules to administer Transportation Code, Chapter 501, governing the
titling of motor vehicles, Transportation Code, §502.0021, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration,
and Occupations Code, §2302.051, which authorizes the commission to adopt
rules governing salvage vehicle dealers.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapters 501, 502, and
504, and Occupations Code, Chapter 2302.
§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) - (12)
(No change.)
(13)
Cotton vehicle--A vehicle that is used
only to transport chili pepper modules, seed cotton, cotton, cotton burrs,
or equipment used in transporting or processing chili peppers or cotton that
is not more than 10 feet in width.
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(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 bond
is guaranteed by at least two individual sureties each owning real estate
within this state;
(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.
(21)
[
(22)
[
(23)
[
(24)
[
(A)
An assembled complete passenger car, truck, or motorcycle
that:
(i)
is a collector’s item;
(ii)
is used exclusively for exhibitions, club activities,
parades, and other functions of public interest;
(iii)
does not carry advertising; and
(iv)
has a frame, body, and motor that is at least 25 years
old; or
(B)
A Former Military Vehicle as defined in Transportation
Code,
§504.502
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(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.
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(A)
an independent load; or
(B)
a part of the weight of the vehicle and load to be drawn.
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(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.
(51)
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
§17.22.Motor Vehicle Registration.
(a)
Registration. Unless otherwise exempted by law or this
chapter, a vehicle to be used on 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
Subchapter D
[
(b)
Initial application for vehicle registration.
(1)
(No change.)
(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
nonrepairable
or
salvage vehicle title in accordance with Transportation Code, Chapter
501, Subchapter
D
[
(B) - (E)
(No change.)
(3) - (4)
(No change.)
(c)
Vehicle registration insignia.
(1)
On 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.
(A) - (B)
(No change.)
(C)
If the vehicle is registered as a Former Military Vehicle
as prescribed by Transportation Code,
§504.502
[
(i) - (ii)
(No change.)
(2) - (4)
(No change.)
(d)
Vehicle registration renewal.
(1) - (2)
(No change.)
(3)
The license plate renewal notice
should
[
(A) - (C)
(No change.)
(4)
(No change.)
(5)
Renewal of expired vehicle registrations.
(A) - (D)
(No change.)
(E)
If a vehicle is registered in accordance with Transportation
Code, §502.164, §502.167,
§502.188,
§502.203,
[
(F)
(No change.)
(6)
(No change.)
(e) - (i)
(No change.)
§17.23.Temporary Registration Permits.
(a)
(No change.)
(b)
Permit categories. The department will issue the following
categories of temporary registration permits.
(1)
(No change.)
(2)
Annual permits.
(A)
Transportation Code, §502.353
[
(i) - (ii)
(No change.)
(B) - (C)
(No change.)
(3)
(No change.)
(4)
Temporary agricultural permits.
(A)
Transportation Code,
§502.355
[
(i) - (ii)
(No change.)
(B) - (F)
(No change.)
(5) - (6)
(No change.)
(c)
Application process.
(1) - (2)
(No change.)
(3)
Fees and documentation. The application must be accompanied
by:
(A)
(No change.)
(B)
evidence of financial responsibility
:
(i)
as required by Transportation Code, Chapter
502, Subchapter G, provided that all policies written for the operation of
motor vehicles must be issued by an insurance company or surety company authorized
to write motor vehicle liability insurance in Texas;
or
[
(ii)
if the applicant is a motor carrier as
defined by §18.2 of this title (relating to Definitions), indicating
that the vehicle is registered in compliance with Chapter 18, Subchapter B
of this title; and
(C)
(No change.)
(4)
(No change.)
(d) - (f)
(No change.)
(g)
Agreements with other jurisdictions. In accordance with
Transportation Code, §502.054 and
Chapter 648
[
(1) - (2)
(No change.)
(h)
Exemptions. A foreign commercial vehicle operating in accordance
with
Transportation Code, Chapter 648
[
(1) - (2)
(No change.)
§17.24.Disabled Person License Plates and Identification Placards.
(a)
Purpose. Transportation Code, Chapters
504
[
(b)
Issuance.
(1)
Disabled person license plates.
(A)
Eligibility. In accordance with Transportation Code,
§504.201
[
(B) - (C)
(No change.)
(2)
(No change.)
(c)
Initial application.
(1)
(No change.)
(2)
Application form. The application must be made on a form
prescribed by the director and must, at a minimum, include the name, address,
and signature of the disabled person, and:
(A)
the
first four digits of the
applicant’s
driver’s license number or the number of a personal identification card
issued to the applicant under Transportation Code, Chapter 521; or
(B)
(No change.)
(3)
Accompanying documentation.
(A)
In accordance with Transportation Code,
§504.201
[
(B) - (D)
(No change.)
(4)
(No change.)
(5)
Issuance of disabled person license plates and identification
placards to certain institutions.
(A)
In accordance with Transportation Code,
§504.203
[
(B) - (D)
(No change.)
(d) - (g)
(No change.)
§17.28.Specialty License Plates, Symbols, Tabs, and Other Devices.
(a) - (b)
(No change.)
(c)
Initial issuance of specialty license plates, symbols,
tabs, or other devices.
(1)
(No change.)
(2)
Number of plates issued.
(A)
(No change.)
(B)
One plate. One license plate will be issued per vehicle
for all motorcycles and for the following specialty license plates:
(i)
Antique Vehicle;
(ii)
Classic Travel Trailer;
(iii)
[
(iv)
[
(v)
[
(vi)
[
(vii)
[
(viii)
[
(ix)
[
(C)
(No change.)
(3) - (8)
(No change.)
(d)
(No change.)
(e)
Transfer of specialty license plates.
(1)
Transfer between vehicles.
(A)
(No change.)
(B)
Non-transferable between vehicles. The following specialty
license plates, symbols, tabs, or other devices are non-transferable between
vehicles:
(i) - (ii)
(No change.)
(iii)
Classic Auto, Classic Truck, [
(iv) - (vi)
(No change.)
(C)
(No change.)
(2)
(No change.)
(f) - (i)
(No change.)
(j)
Marketing of specialty license plates through a private
vendor. The commission
authorizes
[
(1)
Types of license plates. The private vendor may
agree
to
market and sell existing
non-qualifying
specialty license
plates issued under Transportation Code, Chapter 504, Subchapters B and G,
and new specialty license plates issued under Transportation Code, §504.801
and §504.851.
Non-qualifying specialty license plates are license
plates that do not have specific qualifications that may be issued to anyone.
(2)
New specialty license plates. The decision to issue or
not to issue new specialty license plates for marketing and sale through the
private vendor shall be made
jointly
under the terms of the contract.
The contract does not prohibit the department from creating new specialty
license plates on its own initiative or prohibit an organization from applying
for a new specialty license plate directly to the department in accordance
with Transportation Code, §504.801.
[(3)
Costs. The department will recover all
costs to the department, both direct and indirect, associated with implementing
and managing the private marketing and sale of specialty license plates, including
equipment, software, labor, overhead, materials, manufacturing, and shipping
costs. In addition, all programming costs required to implement this program
must be paid in advance by the private vendor.]
[(4)
License plate design. All specialty license
plates shall incorporate a reflectorized white background.]
(3)
[
(4)
[
§17.30.Commercial Vehicle Registration.
(a)
(No change.)
(b)
Commercial vehicle registration classifications.
(1) - (2)
(No change.)
(3)
Combination license plates.
(A)
Specifications. A truck or truck tractor with a manufacturer's
rated carrying capacity in excess of one ton used or to be used in combination
with a semitrailer having a gross weight in excess of 6,000 pounds, shall
be registered with combination license plates. Such vehicles must be registered
for a gross weight equal to the combined gross weight of all the vehicles
in the combination.
Only one combination license plate is required and
must be displayed on the front of the truck or truck tractor.
When displaying
a combination license plate, a truck or truck tractor is not restricted to
pulling a semitrailer licensed with a Token Trailer license plate; and may
legally pull semitrailers and full trailers displaying other types of Texas
license plates or license plates issued out of state. The following vehicles
are not required to be registered in combination:
(i) - (ix)
(No change.)
(B) - (D)
(No change.)
(4)
Cotton Vehicle license plates. The department will issue
Cotton Vehicle license plates in accordance with Transportation Code,
§504.505
[
(5)
Forestry Vehicle license plates. The department will issue
Forestry Vehicle license plates in accordance with Transportation Code,
§504.507
[
(6)
In Transit
[
(7)
(No change.)
(8)
Token Trailer license plates.
(A)
(No change.)
(B)
Validity. A Token Trailer license plate is valid only when
it is displayed on a semitrailer that is being pulled by a truck or a truck
tractor that has been properly registered with Forestry Vehicle (in accordance
with Transportation Code,
§504.507
[
(C) - (E)
(No change.)
(9)
(No change.)
(c)
(No change.)
(d)
Renewal of commercial license plates.
(1)
Registration period. The department will establish the
registration period for commercial vehicles, unless specified by statute.
Commercial license plates are issued for established annual registration periods
as follows.
(A)
March expiration. The following license plates are issued
for the established annual registration period of April 1st through March
31st of the following year:
(i) - (ii)
(No change.)
(iii)
In Transit
[
(iv) - (v)
(No change.)
(B)
Five year registration with March 31st expiration. The
following license plates are available with a five-year registration period.
Registration fees for the license plates listed below may be paid on an annual
basis, or may be paid up front for the entire five-year period:
(i)
Five-year Apportioned Trailer license plates, issued for
company-owned semitrailers in a carrier's apportioned trailer fleet; [
(ii)
Five-year Rental Trailer license plates
issued for rental trailers that are part of a rental fleet; and
(iii)
[
(2)
(No change.)
(3)
Return of License Plate Renewal Notices. License Plate
Renewal Notices
should
[
(A) - (D)
(No change.)
(4)
(No change.)
(e)
(No change.)
(f)
Replacement of lost, stolen, or mutilated commercial vehicle
license plates.
(1)
In Transit
[
(2)
Other license plates. Except for
In Transit
[
§17.33.Registration Fee Credit: Nontransferable.
A registration fee credit voucher will be issued only to the person
whose name appears as the owner of the vehicle on the registration and title
records of the
Vehicle Titles and Registration
[
§17.36.Water Well Drilling Equipment.
Prior to the approval of a machinery license plate for any piece of
mechanically qualified water well drilling equipment, the owner must first
present proof of a current license from the Texas
Department of Licensing
and Regulation
[
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 October 28, 2005.
TRD-200504921
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §17.54
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §501.131, which allows the department
to adopt rules to administer Transportation Code, Chapter 501, governing the
titling of motor vehicles, Transportation Code, §502.0021, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration,
and Occupations Code, §2302.051, which authorizes the commission to adopt
rules governing salvage vehicle dealers.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapters 501, 502, and
504, and Occupations Code, Chapter 2302.
§17.54.Automated Equipment.
(a) - (b)
(No change.)
(c)
Enhancements to RTS.
(1)
The department will collect an additional fee of $1 in
counties with [
(2)
The department will [
(d)
(No change.)
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 October 28, 2005.
TRD-200504922
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §§17.61, 17.62, 17.65, 17.68
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §501.131, which allows the department
to adopt rules to administer Transportation Code, Chapter 501, governing the
titling of motor vehicles, Transportation Code, §502.0021, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration,
and Occupations Code, §2302.051, which authorizes the commission to adopt
rules governing salvage vehicle dealers.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapters 501, 502, and
504, and Occupations Code, Chapter 2302.
§17.61.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (18)
(No change.)
(19)
Salvage motor vehicle--A motor vehicle, regardless of
the year model:
(A)
that is:
(i)
damaged
or is missing a major component part
to
the extent that the cost of repairs exceeds the actual cash value of the motor
vehicle immediately before the damage; or
(ii)
damaged and comes into this state under an out-of-state
ownership document that states on its face "accident damage," "flood damage,"
"inoperable," "rebuildable," "salvageable," or similar notation, and is not
an out-of-state ownership document with a "rebuilt," "prior salvage," or similar
notation, or a nonrepairable motor vehicle; and
(B)
does not include
:
(i)
a motor vehicle for which an insurance company
has paid a claim for[
[
[
(ii)
the cost of materials or labor for repainting
the motor vehicle; or
(iii)
sales tax on the total cost of repairs.
(20) - (21)
(No change.)
§17.62.Requirement for Nonrepairable or Salvage Vehicle Title.
(a)
Determination of condition of vehicle.
(1)
Salvage motor vehicle. When a vehicle is damaged, the actual
cash value of the motor vehicle immediately before the damage and the [
(2)
Nonrepairable motor vehicle. When a vehicle is damaged,
the actual cash value of the motor vehicle immediately before the damage and
the [
(3)
(No change.)
(4)
The [
(A)
using a manual of repair costs or other instrument
that is generally recognized and used in the motor vehicle industry to determine
those costs
;
[
(B)
an estimate of the actual cost of the repair
parts and the estimated labor costs computed by using hourly rate and time
allocations that are reasonable and commonly assessed in the repair industry
in the community in which the repairs are performed.
(5)
The cost of repairs does not include
:
(A)
the
cost of
:
(i)
repairs related to gradual damage to a motor
vehicle
;
[
(ii)
repairs related to
hail damage
; or
[
(iii)
materials and labor for repainting
or
when the damage is solely to the exterior paint of the motor vehicle
; or
[
(B)
sales tax on the total cost of repairs.
(b) - (g)
(No change.)
§17.65.Dismantling, Scrapping, or Destruction of Motor Vehicles.
(a)
(No change.)
(b)
The person shall
:
(1)
maintain records of each motor vehicle that
will be dismantled, scrapped, or destroyed, as provided by §17.80(d)
of this chapter (relating to Record of Purchases, Sales, and Inventory)
; and
[
(2)
store all unexpired license plates and
registration validation stickers removed from those vehicles in a secure location.
(c)
(No change.)
(d)
License plates and registration validation
stickers removed from vehicles reported under subsection (a)(1) of this section
may be destroyed upon receipt of the acknowledged report from the department.
(e)
[
(f)
[
§17.68.Rebuilt Salvage Motor Vehicles.
(a) - (b)
(No change.)
(c)
Fee for rebuilt salvage certificate of title. In addition
to the statutory fee for a title application and any other applicable fees,
a $65 rebuilt salvage fee must accompany the application, unless the applicant
provides the evidence described in subsection
(d)(3)(B)
[
(d)
Accompanying documentation. The application for a certificate
of title for a rebuilt nonrepairable or salvage motor vehicle must be supported,
at a minimum, by the following documents:
(1)
(No change.)
(2)
a rebuilt affidavit, on a notarized form prescribed by
the department that includes:
(A) - (D)
(No change.)
(E)
the signature of the owner
,
[
(F)
(No change.)
(3) - (7)
(No change.)
(e) - (g)
(No change.)
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 October 28, 2005.
TRD-200504923
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §§17.72, 17.73, 17.79
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §501.131, which allows the department
to adopt rules to administer Transportation Code, Chapter 501, governing the
titling of motor vehicles, Transportation Code, §502.0021, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration,
and Occupations Code, §2302.051, which authorizes the commission to adopt
rules governing salvage vehicle dealers.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapters 501, 502, and
504, and Occupations Code, Chapter 2302.
§17.72.Classifications of Salvage Vehicle Dealer Licenses.
(a) - (b)
(No change.)
(c)
Exemptions. The provisions of this subchapter do not apply
to:
(1) - (3)
(No change.)
(4)
a person who is a non-United States resident who purchases
nonrepairable or salvage motor
vehicles
[
(5) - (9)
(No change.)
§17.73.Salvage Vehicle Dealer License.
(a)
(No change.)
(b)
Initial application. An applicant for a salvage vehicle
dealer license must apply on a form prescribed by the department.
(1)
Form of application for salvage vehicle dealer license.
The application form must be signed by the applicant, be accompanied by the
application fee, and include:
(A)
the
legal
name, each business address, and each
business telephone number of the applicant;
(B) - (F)
(No change.)
(G)
the applicant's date of birth;
(H)
[
(I)
[
(J)
[
(K)
[
(2)
Corporate salvage vehicle dealer license. If a salvage
vehicle dealer license applicant intends to engage in business through a corporation,
the applicant must apply on a form prescribed by the department.
(A)
Form of application. The form must indicate the name of
the corporation, as it appears on file with the secretary of state, be signed
by the applicant, be accompanied by the application fee, and include:
(i) - (ix)
(No change.)
(x)
the
legal
name, address, date of birth, and
social security number of each of the principal officers and directors of
the corporation; and
(xi)
(No change.)
(B)
(No change.)
(3)
Partnership salvage vehicle dealer license. If a salvage
vehicle dealer license applicant intends to engage in business through a partnership,
the applicant must apply on a form prescribed by the department. The form
must be signed by the applicant, be accompanied by the application fee, and
include:
(A) - (H)
(No change.)
(I)
the
legal
name, address, date of birth, and
social security number of each owner and partner; and
(J)
(No change.)
(c)
(No change.)
§17.79.Licensee Duties.
(a)
(No change.)
(b)
Dismantled, scrapped, or destroyed motor vehicle.
(1) - (2)
(No change.)
(3)
The salvage vehicle dealer shall
:
(A)
maintain records of each motor vehicle that
is dismantled, scrapped or destroyed, as provided by §17.80(d) of this
subchapter
; and
[
(B)
store all unexpired license plates and
registration validation stickers removed from those vehicles in a secure location.
(4)
The salvage vehicle dealer may destroy
the license plates and registration validation stickers to the vehicles reported
under paragraph (1)(A) of this subsection upon receipt of the acknowledged
report from the department.
(c) - (d)
(No change.)
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 October 28, 2005.
TRD-200504924
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
Subchapter N. RAIL FACILITIES
43 TAC §21.801, §21.802
The Texas Department of Transportation (department) proposes
new §21.801 and §21.802, concerning acquisition and disposal of
real property for rail facilities.
EXPLANATION OF PROPOSED NEW SECTIONS
Transportation Code, Chapter 91, Subchapter E authorizes the Texas Transportation
Commission (commission) to acquire a right-of-way, a property right, or other
interest in real property determined to be necessary or convenient for the
department’s acquisition, construction, maintenance, or operation of
rail facilities, and to sell, convey, or otherwise dispose of any rights or
other interests in real property determined to no longer be needed for department
purposes. The proposed new sections establish procedures for the implementation
and administration of Transportation Code, Chapter 91, Subchapter E.
Section 21.801(a) adopts for rail facilities the same acquisition procedures
that currently apply to highways as set forth in 43 TAC Chapter 21, Subchapter
A (relating to Land Acquisition Procedures), Subchapter D (relating to Expenses
Incidental to Transfer of Title To State), and Subchapter G (relating to Relocation
Assistance and Benefits).
Section 21.801(b) describes the requirements for purchasing property along
alternative potential routes for a rail facility even if only one of those
potential routes will ultimately be chosen as the final route. Specifically, §21.801(b)
provides for a two-step process. In the first step, the commission must authorize
the acquisition along alternative potential routes. The second step requires
the district engineer to analyze the particular property to be acquired in
relation to the needs and conditions of the specific rail facility. The district
engineer must find that the property may possibly be used in connection with
the proposed rail facility. In addition, the district engineer must determine
that the size and location of the property is reasonably related to the facility’s
possible design and alignment and that the acquisition may be economically
beneficial to the department by preserving undeveloped or underdeveloped property
for a rail corridor. These additional requirements seek to provide justification
for the acquisition along alternative routes by the person in a district who
has the most complete overview and control of the project.
Section 21.801(c) clarifies that the department can use the services of
a right of way acquisition provider under comprehensive development agreements
and pass-through fare agreements.
Section 21.802(a) adopts for rail facilities the same disposal of real
property procedures for sale by sealed bid that currently apply to property
that was acquired for highway purposes as set forth in 43 TAC Chapter 21,
Subchapter F (relating to Disposal of Real Estate Interests).
Section 21.802(b) creates priorities for sale of rail facility real property
interests. They are similar to the priorities created by Transportation Code, §202.021,
for the sale of property acquired for highway purposes. The primary difference
is an equal first priority for both operating railroad companies and governmental
entities with the authority to condemn. This is designed to maximize the potential
for preserving rail facilities after such use is surplus to the department’s
needs.
Section 21.802(c) provides that the priorities will not apply in an exchange
situation in order to allow for flexibility in the use of surplus department
property as consideration for acquiring other needed real property.
Section 21.802(d) authorizes the commission to consider the cost of future
maintenance as fair value consideration for the transfer of real property
to another governmental entity. This is in lieu of monetary payment and is
similar to the authority created by Transportation Code, §202.021, for
the sale of property acquired for highway purposes.
Section 21.802(e) directs the revenue from the sale of rail facility property
to be deposited to the credit of the state highway fund. This is similar to
the requirement created by Transportation Code, §202.021, for the sale
of property acquired for highway purposes.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the
first five years the new sections as proposed are in effect, there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the new sections. There are no anticipated economic costs
for persons required to comply with the sections as proposed.
John P. Campbell, P.E., 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 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 new sections will be to further the department’s
mission to provide an efficient, timely, cost effective and fair process of
acquiring real property needed for development of transportation facilities.
There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new sections may be submitted to John
P. Campbell, P.E., 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 December 12, 2005.
STATUTORY AUTHORITY
The new sections are proposed under Transportation Code, §201.101,
which provides the commission with the authority to establish rules for the
conduct of the work of the department, and more specifically, Transportation
Code, §91.003, which authorizes the commission to adopt rules necessary
to implement Chapter 91.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 91, Subchapter E.
§21.801.Acquisition of Real Property.
(a)
The term rail facility, when used in this subchapter, shall
have the definition as set forth in Transportation Code, §91.001. Except
as otherwise provided herein, the department will comply with policies and
procedures prescribed in 43 TAC Chapter 21, Subchapters A (relating to Land
Acquisition Procedures), D (relating to Expenses Incidental to Transfer of
Title To State), and G (relating to Relocation Assistance and Benefits) of
this title in the acquisition of right-of-way, a property right or other interest
in real property for the acquisition, construction, maintenance or operation
of rail facilities. For the purposes of this subsection, references in the
above subchapters to highway, road and roadway are considered references to
railroad right-of-way and rail facilities. For all rail facilities, right-of-way
is acquired with access between abutting properties and the rail facility
permitted or denied in accordance with the approved design of the projects.
(b)
The department may purchase real property along alternative
potential routes for a rail facility if the commission has authorized such
an acquisition and the district engineer determines that:
(1)
the property to be acquired is or may possibly be used
in connection with the rail facility;
(2)
the size and location of the property is reasonably related
to the possible future design and alignment of the rail facility; and
(3)
the acquisition along alternative potential routes may
be economically beneficial to the department by preserving undeveloped or
underdeveloped property for a new rail corridor.
(c)
Right-of-way, a property right or other interest in real
property for a rail facility may be acquired directly by other public or private
entities under contract with the department in accordance with Transportation
Code, §91.052, §91.054, and §91.075, including the use of comprehensive
development agreements and pass-through fare agreements. These entities are
in addition to those listed in §21.1 of this title that are otherwise
authorized by law to acquire right-of-way for rail facilities.
§21.802.Disposal of Real Property.
(a)
Except as otherwise provided herein, the department will
comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapter
F of this title (relating to Disposal of Real Estate Interests) in the sale,
conveyance or other disposition of any rights or other interests in real property
acquired under this Subchapter N. For the purposes of this subsection (a),
references in Subchapter F to highway, road and roadway are considered references
to railroad right-of-way and rail facilities.
(b)
Real property interests shall be transferred or sold in
consideration of such fair value as determined by the commission to be appropriate,
and with the following priorities:
(1)
to an operating railroad company or railroad district,
whether private or public, or to a governmental entity with the authority
to condemn the property,
(2)
to abutting or adjoining landowners, or
(3)
to the general public.
(c)
The priorities described in subsection (b) shall not apply
to an exchange of an interest in real property acquired but not needed for
a department purpose as whole or partial consideration for another interest
in real property needed for a department purpose.
(d)
In lieu of monetary payment for real property transferred
to a governmental entity under this section, the commission may determine
that fair value consideration exists if the estimated cost of future maintenance
on the rail facility property to be transferred equals or exceeds the appraised
fair market value of such property.
(e)
Revenue from the transfer or sale of property under this
Subchapter N shall be deposited to the credit of the state highway fund.
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 October 28, 2005.
TRD-200504925
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
Subchapter B. TRAVEL INFORMATION
43 TAC §23.13
The Texas Department of Transportation (department) proposes
new §23.13, concerning links to community web sites from rest areas and
travel information centers.
EXPLANATION OF PROPOSED NEW SECTION
Section 23.13(a) describes the purpose of the section, which is to establish
policies and procedures governing the participation of communities and the
approval by the department of web sites that may link to the department’s
wireless internet access web pages from rest areas and travel information
centers.
Section 23.13(b) describes how a city or town may submit a request for
approval of a web site link and requires contact information for two official
representatives of the city or town.
Section 23.13(c) describes the department’s approval process. First,
the city or town must already be included on the Texas Official Travel Map.
The subsection contains this restriction because the department is using the
current travel map and its database of communities to develop the wi-fi maps
that can be seen on the web site and because, typically, a location that is
not on the travel map has few amenities for a traveler. Second, to help ensure
consistency and accuracy, the web site must be considered the official site
of the city, town, or region, and be advertised as the official site in the
communities’ tourism information.
Section 23.13(d) defines the restrictions related to a web site. The purpose
of linking to web sites is to provide travel and tourism information to the
traveling public and to promote the positive attributes of the state. Accordingly,
subjects for web site content that include sexually-oriented products or services
will not be considered, nor will web site information that discriminates against
individuals on the basis of race, color, creed, religion, sex, or national
origin.
To ensure the integrity of the program, §23.13(e) describes the procedures
for removal of the web site link based on the department’s receipt of
three or more consumer complaints concerning inaccurate information or information
prohibited under §23.13(d).
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the
first five years the new section as proposed is in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the new section. There are no anticipated economic costs
for persons required to comply with the section as proposed.
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 section is in effect, the public benefit anticipated as a result
of enforcing or administering the new section will be to provide information
to the traveling public about the cities and towns throughout Texas, particularly
the smaller communities located near the rest areas and travel information
centers. 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, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of
comments is 5:00 p.m. on December 12, 2005.
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 department.
CROSS REFERENCE TO STATUTE
None.
§23.13.Links to Community Web Sites from Rest Areas and Travel Information Centers.
(a)
Purpose. In furtherance of the department’s statutory
responsibility to encourage travel to and within Texas, this section establishes
the policies and procedures governing the approval of community web sites
linking to the department’s wireless internet access web pages from
a department rest area or travel information center.
(b)
Request. A city or town may submit to the department, in
writing or on-line, a request for approval of a web site url address link.
The request must include contact information for two official representatives
of the city or town.
(c)
Approval. The department will approve the link if:
(1)
the city or town is included on the Texas Official Travel
Map; and
(2)
the web site is considered the official site of the city,
town, or region and is advertised as the official site in the communities’
tourism information.
(d)
Restrictions. The web site of the city or town must not:
(1)
contain sexually-oriented products or services; or
(2)
include information that discriminates against individuals
on the basis of race, color, creed, religion, sex, or national origin.
(e)
Removal. The director, or the director's designee, may
remove the web site link based on the department’s receipt of three
or more consumer complaints concerning content that is not in compliance with
subsection (d) of this section or inaccurate information. The department will
send a written notice of noncompliance to the city or town affected. If the
director, or the director's designee, determines the complaints are valid,
and they remain unresolved after 90 days, the department will remove the link
from the web pages. A city or town may appeal the removal to the department’s
executive director, or the executive director’s designee, not below
the level of division director, whose decision is 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 October 28, 2005.
TRD-200504926
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
The Texas Department of Transportation (department) proposes amendments
to §§28.11, 28.14, 28.15, 28.92, and new Subchapter H, Chambers
County Permits, §§28.100-28.102, concerning oversize and overweight
vehicles and loads.
EXPLANATION OF PROPOSED AMENDMENTS AND NEW SECTIONS
The proposed amendments and new sections are necessary to implement the
provisions of House Bill 1044, House Bill 2438, and Senate Bill 1641, 79th
Legislature, Regular Session, 2005, and to clarify existing information.
House Bill 1044 amended Transportation Code, Chapter 623, by adding §623.250
to authorize Chambers County, Texas, to issue permits for the movement of
loaded oversize/overweight vehicles weighing up to 100,000 pounds only on
Farm-to-Market Road 1405 and the frontage road of State Highway 99 located
in the Cedar Crossing Business Park.
House Bill 2438 amended Transportation Code, Chapter 623, by repealing §623.093(d)
removing the requirement for certain manufactured housing permit applications
to be accompanied by proof that ad valorem taxes have been paid.
Senate Bill 1641 amended Transportation Code, Chapter 623, by extending
the expiration date of the Port of Brownsville Permit Program defined in §623.219.
Additional amendments are proposed to clarify escort vehicle requirements
to ensure consistency in escort vehicle equipment. Amendments to surety bond
requirements are proposed to ensure that motor carriers hauling oversize/overweight
loads are in compliance with motor carrier registration requirements.
Section 28.11. General Oversize/Overweight Permit Requirements and Procedures.
Proposed changes to §28.11(b)(1), clarify when a surety bond is and
is not acceptable in lieu of motor carrier registration when applying for
an oversize/overweight permit. This will assist in ensuring that motor carriers
hauling oversize/overweight loads are in compliance with financial responsibility
requirements. Section 28.11(b)(1) states that a surety bond can only be used
if the entity is not required to register as a motor carrier. This amendment
will help ensure the safety of the traveling public and will help ensure the
integrity of the highway infrastructure.
Proposed changes to §28.11(k)(7)(A), state that escort vehicles must
be a single unit within a specific weight range. This addition will help clarify
what vehicle type can and cannot be used as an escort vehicle. Section 28.11(k)(7)(C)
requires escort vehicles to display sign(s) with "OVERSIZE LOAD" or "WIDE
LOAD"; "WIDE LOAD" has been added to allow for consistency in industry standards.
Section 28.11(k)(7)(D) currently requires the escort vehicle to maintain two-way
"radio" communications; "radio" has been removed to allow for other means
of communication, such as cell phone. These amendments clarify the equipment
requirements for escort vehicles assisting with the transport of oversize/overweight
loads. These amendments will help ensure the safety of the traveling public.
Section 28.14. Manufactured Housing, and Industrialized Housing and Building
Permits.
Proposed amendments to §28.14(b)(3) comply with House Bill 2438, 79th
Legislature, Regular Session, 2005, which repealed §623.093(d), eliminating
the requirement for certain manufactured housing permit applications to be
accompanied by proof that ad valorem taxes have been paid. This repeal will
allow the department to more effectively and efficiently administer Transportation
Code Chapter 623, Subchapter E.
Proposed amendments to §28.14(f)(4)(A)-(D) and §28.14(f)(6) clarify
the equipment requirements for escort vehicles assisting with the transport
of manufactured housing. These amendments are added for consistency to ensure
that all escort vehicles meet the same general requirements.
Section 28.15. Portable Building Unit Permits.
Proposed amendments to §28.15(f)(3)(D) and §28.15(f)(4) clarify
the equipment requirements for escort vehicles assisting with the transport
of portable buildings. These amendments are added for consistency to ensure
that all escort vehicles meet the same general requirements.
Section 28.92 Permit Issuance Requirements and Procedures.
Proposed amendments to §28.92(b)(3) define reporting requirements
for the Port of Brownsville Permit Program. This requires the permitting authority
to provide monthly and annual reports. This will ensure compliance with Transportation
Code, §623.215.
Proposed amendment to §28.92(h)(7) extends the expiration date of
the Port of Brownsville Permit Program to June 1, 2009, to ensure compliance
with Senate Bill 1641, 79th Legislature, Regular Session, 2005.
Subchapter H. Chambers County Permits.
Proposed amendments to Chapter 28 include the addition of Subchapter H,
to comply with the requirements of House Bill 1044, 79th Legislature, Regular
Session, 2005. This subchapter was developed to be consistent with similar
programs previously established.
Proposed addition of §28.100 defines the purpose of Subchapter H,
which allows Chambers County, Texas, to issue permits for the movement of
loaded oversize/overweight vehicles weighing up to 100,000 pounds only on
Farm-to-Market Road 1405 and the frontage road of State Highway 99 located
in the Cedar Crossing Business Park.
Proposed addition of §28.101 defines the responsibilities of Chambers
County, Texas and the department for the implementation and oversight of the
Chambers County Permit Program. Areas of responsibility included in the proposed
addition are (1) surety bond; (2) verification of permits; (3) training; (4)
accounting; (5) audits; (6) revocation of authority to issue permits; (7)
fees; (8) maintenance contract; and (9) reporting. These areas were developed
to be in compliance with Transportation Code, Chapter 623, Subchapter M and
to be consistent with similar programs previously established.
Proposed addition of §28.102 establishes the permit issuance requirements
and procedures that Chambers County, Texas must follow as part of the Chambers
County Permit Program. Requirements and procedures included in the proposed
addition are (1) permit application; (2) permit issuance; (3) maximum permit
weight limits; (4) vehicles exceeding weight limits; (5) registration; (6)
travel conditions; (7) daylight and night movement restrictions; and (8) restrictions.
These areas were developed to be in compliance with Transportation Code, Chapter
623, Subchapter M and to be consistent with similar programs previously established.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the
first five years the amendments and new sections as proposed are in effect,
there will be minimal fiscal implications for state or local governments as
a result of enforcing or administering the amendments and new section. The
fiscal impact is due to rule change mandated by recently enacted legislation
repealing Transportation Code, §623.093(d), which requires forms and
Internet revisions. There will also be a minimal fiscal impact as a result
of authorizing Chambers County to issue oversize and overweight vehicle permits.
The cost of processing the permits and maintaining the effected roads will
be offset by the permit fees collected by Chambers County. There are no anticipated
economic costs for persons required to comply with the sections as proposed.
Carol Davis, Director, Motor Carrier Division, has certified that there
will be no significant impact on local economies or overall employment as
a result of enforcing or administering the amendments and new sections.
PUBLIC BENEFIT
Ms. Davis has also determined that for each of the first five years the
sections are in effect, the public benefit anticipated as a result of enforcing
or administering the amendments and new sections will be convenience and improved
public safety. There will be no adverse economic effect on small businesses.
Subchapter B. GENERAL PERMITS
43 TAC §§28.11, 28.14, 28.15
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, Chapters 623, which authorizes the department to administer
the provisions of the laws governing the issuance of permits for the movement
of oversize and overweight vehicles and loads.
CROSS REFERENCE TO STATUTE
Transportation Code, §623.215, and §623.250.
§28.11.General Oversize/Overweight Permit Requirements and Procedures.
(a)
Purpose and scope. This section contains general requirements
relating to oversize/overweight permits, including single trip permits. Specific
requirements for each type of specialty permit are provided for in this chapter.
(b)
Prerequisites to obtaining an oversize/overweight permit.
Unless exempted by law or this chapter, the following requirements must be
met prior to the issuance of an oversize/overweight permit.
(1)
Commercial motor carrier registration or surety bond. Prior
to obtaining an oversize/overweight permit, an applicant permitted under the
provisions of Transportation Code, Chapter 623, Subchapter D, must be registered
as a commercial motor carrier under Chapter 18 of this title (relating to
Motor Carriers) or,
if not required to obtain a motor carrier registration,
file a surety bond with the department as described in subsection (n) of this
section
[
(2)
Vehicle registration. A vehicle registered with a permit
plate will not be issued an oversize/overweight permit under this subchapter.
A permitted vehicle operating under this subchapter must be registered with
one of the following types of vehicle registration:
(A)
current Texas license plates that indicate the permitted
vehicle is registered for maximum legal gross weight or the maximum weight
the vehicle can transport;
(B)
Texas temporary registration;
(C)
current out of state license plates that are apportioned
for travel in Texas; or
(D)
foreign commercial vehicles registered under Texas annual
registration.
(c) - (j)
(No change.)
(k)
Escort vehicle requirements. Escort vehicle requirements
are provided to facilitate the safe movement of permitted vehicles and to
protect the traveling public during the movement of permitted vehicles. A
permittee must provide for escort vehicles and law enforcement assistance
when required by the MCD. The requirements in this subsection do not apply
to the movement of manufactured housing, portable building units, or portable
building compatible cargo. Escort vehicle requirements for the movement of
manufactured housing are described in §28.14 of this subchapter (relating
to Manufactured Housing, and Industrialized Housing and Building Permits).
Escort vehicle requirements for the movement of portable building units and
portable building compatible cargo are described in §28.15 of this subchapter
(relating to Portable Building Unit Permits).
(1)
General.
(A)
Applicability. The operator of an escort vehicle shall,
consistent with applicable law, warn the traveling public when:
(i)
a permitted vehicle must travel over the center line of
a narrow bridge or roadway;
(ii)
a permitted vehicle makes any turning movement that will
require the permitted vehicle to travel in the opposing traffic lanes;
(iii)
a permitted vehicle reduces speed to cross under a low
overhead obstruction or over a bridge;
(iv)
a permitted vehicle creates an abnormal and unusual traffic
flow pattern; or
(v)
in the opinion of MCD, warning is required to ensure the
safety of the traveling public or safe movement of the permitted vehicle.
(B)
Law enforcement assistance. Law enforcement assistance
may be required by the MCD to control traffic when a permitted vehicle is
being moved within the corporate limits of a city, or at such times when law
enforcement assistance would provide for the safe movement of the permitted
vehicle and the traveling public.
(C)
Obstructions. It is the responsibility of the permittee
to contact utility companies, telephone companies, television cable companies,
or other entities as they may require, when it is necessary to raise or lower
any overhead wire, traffic signal, street light, television cable, sign, or
other overhead obstruction. The permittee is responsible for providing the
appropriate advance notice as required by each entity.
(2)
Escort requirements for overwidth loads. Unless an exception
is granted by the MCD, based on a route and traffic study, an overwidth load
must:
(A)
have a front escort vehicle if the width of the load exceeds
14 feet, but does not exceed 16 feet, when traveling on a two lane roadway;
(B)
have a rear escort vehicle if the width of the load exceeds
14 feet, but does not exceed 16 feet, when traveling on a roadway of four
or more lanes; and
(C)
have a front and a rear escort vehicle for all roads, when
the width of the load exceeds 16 feet.
(3)
Escort requirements for overlength loads. Unless an exception
is granted by the MCD, based on a route and traffic study, overlength loads
must have:
(A)
a front escort vehicle when traveling on a two lane roadway
if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet
overall length;
(B)
a rear escort vehicle when traveling on a multi-lane highway
if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet
overall length; and
(C)
a front and rear escort vehicle at all times if the permitted
vehicle exceeds 125 feet overall length.
(4)
Escort requirements for overheight loads. Unless an exception
is granted by the MCD, based on a route and traffic study, overheight loads
must have:
(A)
a front escort vehicle equipped with a height pole to accurately
measure overhead obstructions for any permitted vehicle that exceeds 17 feet
in height; and
(B)
a front and rear escort vehicle for any permitted vehicle
exceeding 18 feet in height.
(5)
Escort requirements for permitted vehicles exceeding legal
limits in more than one dimension. When a load exceeds more than one dimension
that requires an escort under this subsection, front and rear escorts will
be required unless an exception is granted by the MCD. For example, under
this subsection one escort is required for a load exceeding 14 feet in width,
and one escort is required for a load exceeding 110 feet in length. In the
case of a permitted vehicle that exceeds both 14 feet in width and 110 feet
in length, both front and rear escorts are required.
(6)
Escort requirements for convoys. Convoys must have a front
escort vehicle and a rear escort vehicle on all highways at all times.
(7)
General equipment requirements. The following special equipment
requirements apply to permitted vehicles and escort vehicles that are not
motorcycles.
(A)
An escort vehicle must be a single unit with a gross
vehicle weight (GVW) of not less than 1,000 pounds nor more than 10,000 pounds.
(B)
An escort vehicle must be equipped with two
flashing amber lights or one rotating amber beacon of not less than eight
inches in diameter, affixed to the roof of the escort vehicle, which must
be visible to the front, sides, and rear of the escort vehicle while actively
engaged in escort duties for the permitted vehicle.
(C)
[
(i)
at least five feet, but not more than seven feet in length,
and at least 12 inches, but not more than 18 inches in height;
(ii)
the sign must have a yellow background with black lettering;
(iii)
letters must be at least eight inches, but not more than
10 inches high with a brush stroke at least 1.41 inches wide; and
(iv)
the sign must be visible from the front or rear of the
vehicle while escorting the permitted vehicle, and the signs must not be used
at any other time.
(D)
[
(E)
[
(8)
Equipment requirements for motorcycles.
(A)
An official law enforcement motorcycle may be used as a
primary escort vehicle for a permitted vehicle traveling within the limits
of an incorporated city, if the motorcycle is operated by a highway patrol
officer, sheriff, or duly authorized deputy, or municipal police officer.
(B)
An escort vehicle must maintain two-way [
(l) - (n)
(No change.)
§28.14.Manufactured Housing, and Industrialized Housing and Building Permits.
(a)
General information.
(1)
A manufactured home that exceeds size limits for motor
vehicles as defined by Transportation Code, Chapter 621, Subchapters B and
C, must obtain a permit from the department.
(2)
Pursuant to Transportation Code, Chapter 623, Subchapter
E, a permit may be issued to persons registered as manufacturers, installers,
or retailers with the Texas Department of Housing and Community Affairs or
motor carriers registered with the department under Transportation Code, Chapter
643.
(3)
The department may issue a permit to the owner of a manufactured
home provided that:
(A)
the same owner is named on the title of the manufactured
home and towing vehicle;
(B)
or the owner presents a lease showing that the owner of
the manufactured home is the lessee of the towing vehicle.
(b)
Application for permit.
(1)
The applicant must complete the application and shall include
the manufactured home’s HUD label number, Texas seal number, or the
complete identification number or serial number of the manufactured home,
and the overall width, height, and length of the home and the towing vehicle
in combination. If the manufactured home is being moved to or from a site
in this state where it has been, or will be, occupied as a dwelling, the permit
must also show the name of the owner of the home, the location from which
the home is being moved, and the location to which the home is being delivered.
(2)
Applications for industrialized housing and building permits,
and permits for manufactured housing not being transported from the manufacturer
or retailer pursuant to the original sale, exchange, or lease-purchase of
the manufactured home to a consumer, shall be submitted in accordance with §28.11(c)
of this subchapter (relating to General Oversize/Overweight Permit Requirements
and Procedures).
[
[
[
[
[
(c)
Permit issuance.
(1)
Permit issuance is subject to the requirements of §28.11(e)(4)
of this subchapter (relating to General Oversize/Overweight Permit Requirements
and Procedures).
(2)
Amendments can only be made to change intermediate points
between the origination and destination points listed on the permit.
(d)
Payment of permit fee. The cost of the permit is $20, payable
in accordance with §28.11(f) of this subchapter (relating to General
Oversize/Overweight Permit Requirements and Procedures).
(e)
Permit provisions and conditions.
(1)
The overall combined length of the manufactured home and
the towing vehicle includes the length of the hitch or towing device.
(2)
The height is measured from the roadbed to the highest
elevation of the manufactured home.
(3)
The width of a manufactured home includes any roof or eaves
extension or overhang on either side.
(4)
A permit will be issued for a single continuous movement
not to exceed five days.
(5)
Movement must be made during daylight hours only and may
be made on any day except New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day.
(6)
The department may limit the hours for travel on certain
routes because of heavy traffic conditions.
(7)
The department will publish any limitations on movements
during the national holidays listed in this subsection, or any limitations
during certain hours of heavy traffic conditions, and will make such publications
available to the public prior to the limitations becoming effective.
(8)
The permit will contain the route for the transportation
of the manufactured home from the point of origin to the point of destination.
(9)
The route for the transportation must be the most practical
route as described in §28.11(e) of this subchapter (relating to General
Oversize/Overweight Permit Requirements and Procedures), except where construction
is in progress and the permitted vehicle’s dimensions exceed the construction
restrictions as published by the department, or where bridge or overpass width
or height would create a safety hazard.
(10)
The department will publish annually a map or list of
all bridges or overpasses which, due to height or width, require an escort
vehicle to stop oncoming traffic while the manufactured home crosses the bridge
or overpass.
(11)
A permittee may not transport a manufactured home with
a void permit; a new permit must be obtained.
(f)
Escort requirements.
(1)
A manufactured home exceeding 12 feet in width must have
a rotating amber beacon of not less than eight inches in diameter mounted
somewhere on the roof at the rear of the manufactured home, or may have two
five-inch flashing amber lights mounted approximately six feet from ground
level at the rear corners of the manufactured home. The towing vehicle must
have one rotating amber beacon of not less than eight inches in diameter mounted
on top of the cab. These beacons or flashing lights must be operational and
luminiferous during any permitted move over the highways, roads, and streets
of this state.
(2)
A manufactured home with a width exceeding 16 feet but
not exceeding 18 feet must have a front escort vehicle on two-lane roadways
and a rear escort vehicle on roadways of four or more lanes.
(3)
A manufactured home exceeding 18 feet in width must have
a front and a rear escort on all roadways at all times.
(4)
The escort vehicle must [
(A)
have
one red 16 inch square flag mounted on
each of the four corners of the vehicle;
(B)
have
a sign mounted on the front and rear of
the vehicle displaying the words "WIDE LOAD" in black letters at least eight
inches high with a brush stroke at least 1.41 inches wide against a yellow
background; [
(C)
have
an amber light or lights, visible from
both front and rear, mounted on top of the vehicle in one of the following
configurations:
(i)
two simultaneously flashing lights or
(ii)
one rotating beacon of not less than eight inches in diameter
; and
(D)
maintain two-way communications with the
permitted vehicle and other escort vehicles involved with the movement of
the permitted vehicle
.
(5)
Two transportable sections of a multi-section manufactured
home, or two single section manufactured homes, when towed together in convoy,
may be considered one home for purposes of the escort vehicle requirements,
provided the distance between the two units does not exceed 1,000 feet.
(6)
An escort vehicle must comply
with the requirements in §28.11(k)(1) and §28.11(k)(7)(A) of this
title (relating to General Oversize/Overweight Permit Requirements and Procedures).
§28.15.Portable Building Unit Permits.
(a)
General information.
(1)
A vehicle or vehicle combination transporting one or more
portable building units and portable building compatible cargo that exceed
legal length or width limits set forth by Transportation Code, Chapter 621,
Subchapters B and C, may obtain a permit under Transportation Code, Chapter
623, Subchapter F.
(2)
In addition to the fee required by subsection (d)(1), the
department shall collect an amount equal to any fee that would apply to the
movement of cargo exceeding any applicable width limits, if such cargo were
moved in a manner not governed by this section.
(b)
Application for permit. Applications shall be made in accordance
with §28.11(c) of this title (relating to General Oversize/Overweight
Permit Requirements and Procedures).
(c)
Permit issuance. Permit issuance is subject to the requirements
of §28.11(b)(1)(A) and (B) of this title (relating to General Oversize/Overweight
Permit Requirements and Procedures), with the exception of §28.11(k)
of this title, concerning escort requirements.
(d)
Payment of permit fee. The cost of the permit is $7.50,
with all fees payable in accordance with §28.11(f) of this title (relating
to General Oversize/Overweight Permit Requirements and Procedures). All fees
are non-refundable.
(e)
Permit provisions and conditions.
(1)
A portable building unit may only be issued a single-trip
permit.
(2)
Portable building units may be loaded end-to-end to create
an overlength permit load, provided the overall length does not exceed 80
feet.
(3)
Portable building units must not be loaded side-by-side
to create an overwidth load, or loaded one on top of another to create an
overheight load.
(4)
Portable building units must be loaded in a manner that
will create the narrowest width for permit purposes and provide for greater
safety to the traveling public.
(5)
The permit will be issued for a single continuous movement
from the origin to the destination for an amount of time necessary to make
the move, not to exceed 10 consecutive days.
(6)
Movement of the permitted vehicle must be made during daylight
hours only.
(7)
A permittee may not transport portable building units or
portable building compatible cargo with a void permit; a new permit must be
obtained.
(f)
Escort requirements.
(1)
A portable building unit or portable building compatible
cargo with a width exceeding 16 feet but not exceeding 18 feet must have a
front escort vehicle on two-lane roadways and a rear escort vehicle on roadways
of four or more lanes.
(2)
A portable building unit or portable building compatible
cargo exceeding 18 feet in width must have a front and a rear escort on all
roadways at all times.
(3)
The escort vehicle must [
(A)
have
one red 16 inch square flag mounted on
each of the four corners of the vehicle;
(B)
have
a sign mounted on the front and rear of
the vehicle displaying the words "WIDE LOAD" in black letters at least eight
inches high with a brush stroke at least 1.41 inches wide against a yellow
background;
(C)
have
an amber light or lights, visible from
both front and rear, mounted on top of the vehicle and which must be two simultaneously
flashing lights or one rotating beacon of not less than eight inches in diameter
; and
(D)
maintain two-way communications with the
permitted vehicle and other escort vehicles involved with the movement of
the permitted vehicle.
(4)
An escort vehicle must comply with the requirements in §28.11(k)(1)
and
§28.11(k)(7)(A)
[
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 October 28, 2005.
TRD-200504927
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §28.92
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, Chapters 623, which authorizes the department to administer
the provisions of the laws governing the issuance of permits for the movement
of oversize and overweight vehicles and loads.
CROSS REFERENCE TO STATUTE
Transportation Code, §623.215, and §623.250.
§28.92.Permit Issuance Requirements and Procedures.
(a)
Permit application. Application for a permit issued under
this subchapter shall be in a form approved by the department, and shall at
a minimum include:
(1)
the name of the applicant;
(2)
date of issuance;
(3)
signature of the director of the Port of Brownsville;
(4)
a statement of the kind of cargo being transported;
(5)
the maximum weight and dimensions of the proposed vehicle
combination, including number of tires on each axle, tire size for each axle,
distance between each axle, measured from center of axle to center of axle,
and the specific weight of each individual axle when loaded;
(6)
the kind and weight of each commodity to be transported,
not to exceed loaded dimensions of 12’ wide, 15’6" high, 110’
long or 125,000 pounds gross weight;
(7)
a statement of any condition on which the permit is issued;
(8)
a statement that the cargo shall be transported over the
most direct route using State Highway 48/State Highway 4 between the Gateway
International Bridge and the Port of Brownsville, or using U.S. Highway 77/U.S.
Highway 83 and State Highway 48/State Highway 4 between the Veterans International
Bridge at Los Tomates and the Port of Brownsville;
(9)
the name of the driver of the vehicle in which the cargo
is to be transported;
(10)
the location where the cargo was loaded; and
(11)
the name of the specific Port of Brownsville employee
issuing the permit.
(b)
Permit issuance.
(1)
General.
(A)
The original permit must be carried in the vehicle for
which it is issued.
(B)
A permit is void when an applicant:
(i)
gives false or incorrect information;
(ii)
does not comply with the restrictions or conditions stated
in the permit; or
(iii)
changes or alters the information on the permit.
(C)
A permittee may not transport an overdimension or overweight
load with a voided permit.
(2)
Payment of permit fee. The Port of Brownsville may determine
acceptable methods of payment. All fees transmitted to the department must
be in U.S. currency.
(3)
Reporting. Brownsville Port
Authority shall provide monthly and annual reports to the department’s
Finance Division regarding all permits issued and all fees collected. The
report must be in a format approved by the department.
(c)
Maximum permit weight limits.
(1)
An axle group must have a minimum spacing of four feet,
measured from center of axle to center of axle, between each axle in the group
to achieve the maximum permit weight for the group.
(2)
Two or more consecutive axle groups must have an axle spacing
of 12 feet or greater, measured from the center of the last axle of the preceding
group to the center of the first axle of the following group, in order for
each group to be permitted for maximum permit weight.
(3)
Maximum permit weight for an axle or axle group is based
on 650 pounds per inch of tire width or the following axle or axle group weights,
whichever is the lesser amount:
(A)
single axle--25,000 pounds;
(B)
two axle group--46,000 pounds;
(C)
three axle group--60,000 pounds;
(D)
four axle group--70,000 pounds;
(E)
five axle group--81,400 pounds; or
(F)
trunnion axles--60,000 pounds if;
(i)
the trunnion configuration has two axles;
(ii)
there are a total of 16 tires for a trunnion configuration;
and
(iii)
the trunnion axle as shown in the following diagram is
10 feet in width.
Figure: 43 TAC §28.92(c)(3)(F)(iii) (No change.)
(4)
A permit issued under this subchapter does not authorize
the vehicle to exceed manufacturer’s tire load rating.
(d)
Vehicles exceeding weight limits. Any vehicle exceeding
weight limits outlined in subsection (c) of this section, shall apply directly
to the department for an oversize or overweight permit in accordance with §28.11
of this chapter (relating to General Oversize/Overweight Permit Requirements
and Procedures).
(e)
Registration. Any vehicle or combination of vehicles permitted
under this subchapter shall be registered in accordance with Transportation
Code, Chapter 502.
(f)
Travel conditions. Movement of a permitted vehicle is prohibited
when visibility is reduced to less than 2/10 of one mile or the road surface
is hazardous due to weather conditions such as rain, ice, sleet, or snow,
or highway maintenance or construction work.
(g)
Daylight and night movement restrictions. An oversize permitted
vehicle may be moved only during daylight hours; however, an overweight only
permitted vehicle may be moved at any time.
(h)
Restrictions.
(1)
Any vehicle issued a permit by the Port of Brownsville
must be weighed on scales capable of determining gross vehicle weights and
individual axle loads. For the purpose of ensuring the accuracy of the permit,
the scales must be certified by the Texas Department of Agriculture or accepted
by the United Mexican States.
(2)
A valid permit and certified weight ticket must be presented
to the gate authorities before the permitted vehicle shall be allowed to exit
or enter the port.
(3)
A copy of the certified weight ticket shall be retained
by the Port of Brownsville and become a part of the official permit record
subject to inspection by department personnel or Texas Department of Public
Safety personnel.
(4)
The owner of a vehicle permitted under this subchapter
must be registered as a motor carrier in accordance with Transportation Code,
Chapters 643 or 645, prior to the oversize or overweight permit being issued.
The Port of Brownsville shall maintain records relative to this subchapter,
which are subject to audit by department personnel.
(5)
Permits issued by the Port of Brownsville shall be in a
form prescribed by the department.
(6)
The maximum speed for a permitted vehicle shall be 55 miles
per hour or the posted maximum, whichever is less.
(7)
This subchapter expires June 1,
2009
[
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 October 28, 2005.
TRD-200504928
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
43 TAC §§28.100 - 28.102
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 department, and more specifically,
Transportation Code, Chapters 623, which authorizes the department to administer
the provisions of the laws governing the issuance of permits for the movement
of oversize and overweight vehicles and loads.
CROSS REFERENCE TO STATUTE
Transportation Code, §623.215, and §623.250.
§28.100.Purpose.
In accordance with Transportation Code, Chapter 623, Subchapter K,
the commission may authorize Chambers County, Texas to issue permits for the
movement of oversize and overweight vehicles and loads on Farm-to-Market Road
1405 and the frontage road of State Highway 99 located in the Cedar Crossing
Business Park. This subchapter sets forth the requirements and applicable
procedures for the issuance of permits by Chambers County for the movement
of oversize and overweight vehicles.
§28.101.Responsibilities.
(a)
Surety bond. Chambers County shall post a surety bond in
the amount of $500,000 for the purpose of reimbursing the department for actual
maintenance costs of Farm-to-Market Road 1405 and the frontage road of State
Highway 99 located in the Cedar Crossing Business Park in the event that sufficient
revenue is not collected from permits issued under this subchapter.
(b)
Verification of permits. All permits issued by Chambers
County shall be carried in the permitted vehicle. Chambers County shall provide
access or a phone number for verification of permit authenticity by law enforcement
or department personnel.
(c)
Training. Chambers County shall secure any training necessary
for personnel to issue permits under this subchapter. The department may provide
assistance with training upon request by Chambers County.
(d)
Accounting. The department shall develop accounting procedures
related to permits issued under this subchapter for the purpose of revenue
collections and any payment made to the department under subsection (h) of
this section.
(e)
Audits. The department may conduct audits of all permits
issued by Chambers County semi-annually or upon direction by the executive
director under this subchapter. In order to insure compliance, audits will
at a minimum include a review of all permits issued, financial transaction
records related to permit issuance, review of vehicle scale weight tickets
and monitoring of personnel issuing permits under this subchapter.
(f)
Revocation of authority to issue permits. If the department
determines as a result of an audit that Chambers County is not complying with
this subchapter, the executive director will issue a notice to Chambers County
allowing 30 days to correct any non-compliance issue. If after 30 days it
is determined that Chambers County is not in compliance, then the executive
director may revoke Chambers County’s authority to issue permits.
(1)
Upon notification that its authority to issue permits under
this subchapter has been revoked, Chambers County may appeal the revocation
to the commission in writing.
(2)
In cases where a revocation is being appealed, Chambers
County’s authority to issue permits under this subchapter shall remain
in effect until the commission makes a final decision regarding the appeal.
(3)
Upon revocation of authority to issue permits, termination
of the maintenance contract, or expiration of this subchapter, all fees collected
by Chambers County, with the exception of administrative costs already expended,
shall be paid to the department.
(g)
Fees. Fees collected under this subchapter shall be used
solely to provide funds for the payments provided for under Transportation
Code, §623.253, less administrative costs.
(1)
The permit fee shall not exceed $80 per trip. Chambers
County may retain up to 15% of such permit fees for administrative costs,
and the balance of the permit fees shall be used to make payments to the department
for maintenance of Farm-to-Market Road 1405 and the frontage road of State
Highway 99 located in the Cedar Crossing Business Park.
(2)
Chambers County may issue a permit and collect a fee for
any vehicle or vehicle combination weighing up to 100,000 pounds, and with
load dimensions not exceeding 12’ wide, 16’ high or 110’
long, traveling only on Farm-to-Market Road 1405 and the frontage road of
State Highway 99 located in the Cedar Crossing Business Park.
(h)
Maintenance contract. Chambers County shall enter into
a maintenance contract with the department for the maintenance of Farm-to-Market
Road 1405 and the frontage road of State Highway 99 located in the Cedar Crossing
Business Park.
(1)
The maintenance contract shall provide for a system of
payments from Chambers County to the department for all maintenance costs
expended by the department to maintain Farm-to-Market Road 1405 and the frontage
road of State Highway 99 located in the Cedar Crossing Business Park to the
current level of service or pavement conditions. Maintenance shall include,
but is not limited to, routine maintenance, preventive maintenance, and total
reconstruction of the roadway and bridge structures as determined by the department
to maintain the current level of service.
(2)
Chambers County may make direct restitution to the department
for actual maintenance costs from this fund in lieu of the department filing
against the surety bond required in subsection (a) of this section, in the
event that sufficient revenue is not collected.
(i)
Reporting. Chambers County shall provide monthly and annual
reports to the department’s Finance Division regarding all permits issued
and fees collected. The report must be in a format approved by the department.
§28.102.Permit Issuance Requirements and Procedures.
(a)
Permit application. Application for a permit issued under
this subchapter shall be in a form approved by the department, and shall at
a minimum include:
(1)
the name of the applicant;
(2)
date of issuance;
(3)
signature of the designated agent of Chambers County;
(4)
a statement of the kind of cargo being transported;
(5)
the maximum weight and dimensions of the proposed vehicle
combination, including number of tires on each axle, tire size for each axle,
distance between each axle, measured from center of axle to center of axle,
and the specific weight of each individual axle when loaded;
(6)
the kind and weight of each commodity to be transported;
(7)
a statement of any condition on which the permit is issued;
(8)
a statement that the cargo shall be transported over the
most direct route using only Farm-to-Market Road 1405 and the frontage road
of State Highway 99 located in the Cedar Crossing Business Park;
(9)
the name of the driver of the vehicle in which the cargo
is to be transported;
(10)
the location where the cargo was loaded;
(11)
the date(s) on which movement authorized by the permit
is allowed; and
(12)
the name of the specific Chambers County employee issuing
the permit.
(b)
Permit issuance.
(1)
General.
(A)
The original permit must be carried in the vehicle for
which it is issued.
(B)
A permit is void when an applicant:
(i)
gives false or incorrect information;
(ii)
does not comply with the restrictions or conditions stated
in the permit; or
(iii)
changes or alters the information on the permit.
(C)
A permittee may not transport an overdimension or overweight
load with a voided permit.
(2)
Payment of permit fee. Chambers County may determine acceptable
methods of payment. All fees transmitted to the department must be in U.S.
currency.
(c)
Maximum permit weight limits.
(1)
An axle group must have a minimum spacing of four feet,
measuring from center of axle to center of axle, between each axle in the
group, to achieve the maximum permit weight for the group.
(2)
Two or more consecutive axle groups must have an axle spacing
of 12 feet or greater, measured from the center of the last axle of the preceding
group to the center of the first axle of the following group, in order for
each group to be permitted for maximum permit weight.
(3)
Maximum permit weight for an axle or axle group is based
on 650 pounds per inch of tire width or the following axle or axle group weights,
whichever is the lesser amount;
(A)
single axle--25,000 pounds;
(B)
two axle group--46,000 pounds;
(C)
three axle group--60,000 pounds;
(D)
four axle group--70,000 pounds;
(E)
five axle group--81,400 pounds;
(F)
trunnion axles--60,000 pounds if:
(i)
the trunnion configuration has two axles;
(ii)
there are a total of 16 tires for a trunnion configuration;
and
(iii)
the trunnion axle as shown in the following diagram is
10 feet in width.
Figure: 43 TAC §28.102(c)(3)(F)(iii)
(4)
A permit issued under this subchapter does not authorize
the vehicle to exceed manufacturer’s tire load rating.
(d)
Vehicles exceeding weight limits. Any vehicle exceeding
weight limits outlined in subsection (c) of this section, shall apply directly
to the department for an oversize or overweight permit in accordance with §28.11
of this chapter (relating to General Oversize/Overweight Permit Requirements
and Procedures).
(e)
Registration. Any vehicle or combination of vehicles permitted
under this subchapter shall be registered in accordance with Transportation
Code, Chapter 502.
(f)
Travel conditions. Movement of a permitted vehicle is prohibited
when visibility is reduced to less than 2/10 of one mile or the road surface
is hazardous due to weather conditions such as rain, ice, sleet, or snow,
or highway maintenance or construction work.
(g)
Daylight and night movement restrictions. An oversize permitted
vehicle may be moved only during daylight hours; however, an overweight only
permitted vehicle may be moved at any time.
(h)
Restrictions.
(1)
Any vehicle issued a permit by Chambers County must be
weighed on scales capable of determining permitted loaded gross vehicle weights
and individual axle loads. For the purpose of ensuring the accuracy of the
permit, the scales must be certified by the Texas Department of Agriculture.
(2)
A copy of the certified weight ticket shall be retained
by Chambers County and become a part of the official permit record subject
to inspection by department personnel or Texas Department of Public Safety
personnel.
(3)
The owner of a vehicle permitted under this subchapter
must be registered as a motor carrier in accordance with Transportation Code,
Chapters 643 or 645, prior to the oversize or overweight permit being issued.
Chambers County shall maintain records relative to this subchapter, which
are subject to audit by department personnel.
(4)
Permits issued by Chambers County shall be in a form prescribed
by the department.
(5)
The maximum speed for a permitted vehicle shall be 55 miles
per hour or the posted maximum, whichever is less.
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 October 28, 2005.
TRD-200504929
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 11, 2005
For further information, please call: (512) 463-8630
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.
§502.276
], may be issued Texas certificates of title.
§502.276
]; and
§502.276
], may be issued Texas
certificates of title. House trailer-type vehicles must meet the criteria
outlined in subparagraph (C) of this paragraph to be titled.
Texas Civil Statutes, Article 5221f,
] administered
by the
Texas
Department of Housing and Community Affairs.
§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,
as selected by the applicant
[
within 20 working days of the date of sale
].
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:
the full name and address of the transferee
].
Subchapter B. MOTOR VEHICLE REGISTRATION
(13)
] 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.
(14)
] Department--The Texas Department
of Transportation.
(15)
] Director--The director of
the Vehicle Titles and Registration Division, Texas Department of Transportation.
(16)
] Disabled person--A person
who has mobility problems that substantially impair the person's ability to
ambulate or who is legally blind.
(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)
] Escrow account--A deposit
of a specific amount of money held by the department for security.
(19)
] Evidence of financial responsibility--The
original document or photocopy of any one of the following items:
(20)
] 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.
(21)
] Exempt agency--A governmental
body exempted by statute from paying registration fees when registering motor
vehicles.
(22)
] Exempt license plates--Specially
designated license plates issued to certain vehicles owned or controlled by
exempt agencies.
(23)
] Exhibition vehicle--
§502.275
].
(24)
] Fire fighting equipment--Equipment
mounted on fire fighting vehicles used in the process of fighting fires, including,
but not limited to, ladders and hoses.
(25)
] 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.
(26)
] Highway construction project--That
section of the highway between the warning signs giving notice of a construction
area.
(27)
] International symbol of access--The
symbol adopted by Rehabilitation International in 1969 at its Eleventh World
Congress of Rehabilitation of the Disabled.
(28)
] Legally blind--Having not
more than 20/200 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.
(29)
] 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.
(30)
] Make--The trade name of the
vehicle manufacturer.
(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:
(33)
] 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.
(34)
] Nonprofit organization--An
unincorporated association or society or a corporation that is incorporated
or holds a certificate of authority under the
Business Organizations
Code
[
Texas Non-Profit Corporation Act, as amended (Texas Civil
Statutes, Article 1396-1.01 et seq.)
].
(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:
(42)
] Service agreement--A contractual
agreement that allows individuals or businesses to access the department's
vehicle registration records.
(43)
]
Specialty
[
Special category
] license plate--A special design license plate issued
by the department under statutory authority.
(44)
]
Specialty
[
Special category
] license plate fee--Statutorily or department required
fee payable on submission of an application for a
specialty
[
special category
] license plate, symbol, tab, or other device, and collected
in addition to statutory motor vehicle registration fees.
(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
specialty
[
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)
] 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.
(49)
] Token trailer--:
(50)
] Tow truck--A motor vehicle
equipped with a mechanical device adapted or used to tow, winch, or otherwise
move another motor vehicle.
(51)
] 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.
(52)
] 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.
(53)
] Vehicle--A device in or by
which a person or property is or may be transported or drawn on a public highway,
other than a device used exclusively on stationary rails or tracks.
(54)
] Vehicle classification--The
grouping of vehicles in categories for the purpose of registration, based
on design, carrying capacity, or use.
(55)
] Vehicle description--Information
regarding a specific vehicle, including, but not limited to, the vehicle make,
model year, body style, and vehicle identification number.
(56)
] 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.
(57)
] 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.
(58)
] 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 the vehicle to be operated on the public highways.
(59)
] Vehicle registration record--Information
contained in the department's files that reflects, but is not limited to,
the make, vehicle identification number, model year, body style, license number,
and the name of the registered owner.
(60)
] Volunteer fire department--An
association that is organized for the purpose of answering fire alarms, extinguishing
fires, and providing emergency medical services.
§17.8
] of this
chapter
[
title (relating to Certificates of Title for Salvage Vehicles)
] prohibit
registration of a vehicle whose owner has been issued a salvage or nonrepairable
vehicle title. These vehicles may not be operated on a public roadway.
E
];
§502.275
], the vehicle's registration number shall be displayed instead of displaying
a symbol, tab, or license plate.
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. The registration renewal notice may be used in connection with
the renewal of registration at selected county tax assessor-collector offices
via the internet. The renewal notice must be accompanied by the following
documents and fees:
§504.188,
] §504.315, §504.401, §504.405, §504.411,
or §504.505, and if the vehicle's registration is renewed more than one
month after expiration of the previous registration, the registration fee
will be prorated.
Texas
Civil Statutes, Article 6675a-6c
], authorizes the department to issue
annual permits to provide for the movement of foreign commercial vehicles
that are not authorized to travel on Texas highways for lack of registration
or for lack of reciprocity with the state or country in which the vehicles
are registered. The department will issue annual permits:
§502.354
], authorizes the department to issue a 30-day temporary nonresident
registration permit to a nonresident for any truck, truck tractor, trailer,
or semitrailer to be used in the movement of all agriculture products produced
in Texas:
and
]
Texas
Civil Statutes, Article 6675c-2
], the executive director of the department
may enter into a written agreement with an authorized officer of a state,
province, territory, or possession of a foreign country to provide for the
exemption from payment of registration fees by nonresidents if residents of
this state are granted reciprocal exemptions. The executive director may enter
into such agreement only upon:
Texas Civil Statutes,
Article 6675c-2
] is exempt from the display of a temporary registration
permit if:
502
] and 681, charges the department with the responsibility for issuing
specially designed license plates and identification placards for disabled
persons. For the department to perform these duties efficiently and effectively,
this section prescribes the policies and procedures for the application, issuance,
and renewal of disabled person license plates and placards.
§502.253
], the department will issue
specially designed license plates displaying the international symbol of access
to permanently disabled persons or their transporters instead of regular motor
vehicle license plates.
§502.253
] and §681.003, and unless otherwise
exempted by law or this section, an initial application for disabled person
license plates and an identification placard must be accompanied by evidence
that the operator or regularly transported person is disabled.
§502.2531
] and §681.0032, the department will
issue disabled person license plates or a blue permanently disabled person
identification placard for display on a van or bus operated by an institution,
facility, or residential retirement community that is licensed under Health
and Safety Code, Chapter 242, 246, or 247.
(ii)
] Cotton Vehicle;
(iii)
] Disaster Relief;
(iv)
] Forestry Vehicle;
(v)
] Golf Cart;
(vi)
] Log Loader;
(vii)
] Military Vehicle; and
(viii)
] Parade.
and
] Classic
Motorcycle
, and Classic Travel Trailer
license plates;
may authorize
] the
department to enter into
a
[
an exclusive
] contract with
the private vendor whose proposal to perform all services under the contract
is most advantageous to the state, as determined from competitive sealed proposals,
that satisfies the requirements of Transportation Code, §504.851
for
the marketing and sale of specialty license plates.
(5)
] Refunds. Personalized specialty
license plate applications that are not approved by the department will be
rejected by the private vendor, and the refund of fees will be the responsibility
of the private vendor. Refunds to customers dissatisfied with an unused specialty
license plate sold by the private vendor will be the responsibility of the
private vendor.
(6)
]
Fees.
[
Marketing.
The private vendor must submit an annual marketing plan for approval by the
department.
] The private vendor must [
also
] submit a schedule
of specialty license plate fees for approval by the commission. [
The
department may approve, disapprove, or limit any aspect of the plan.
]
§502.277
] and §17.28 of this title
(relating to
Specialty
[
Special Category
] License Plates,
Symbols, Tabs, and Other Devices).
§502.280
] and §17.28 of this title.
Intransit
] license plates.
The department may issue an
In Transit
[
Intransit
] license
plate annually to any person, firm, or corporation engaged in the primary
business of transporting and delivering by means of the full mount, saddle
mount, tow bar, or any other combination, new vehicles and other vehicles
from the manufacturer or any other point of origin to any point of destination
within the State. Each new vehicle being transported, delivered, or moved
under its own power in accordance with this paragraph must display an
In Transit
[
Intransit
] license plate in accordance with Transportation
Code, §503.035.
§502.280
]),
Combination (in accordance with Transportation Code, §502.167), or Apportioned
(in accordance with Transportation Code, §502.054) license plates for
combined gross weights that include the weight of the semitrailer, unless
exempted by Transportation Code, §502.352 and §623.011.
Intransit
] license
plates;
and
]
(ii)
] Five-year Token Trailer
license plates, available to owners of intrastate fleets consisting of 50
or more company-owned semitrailers.
must
] be returned by the vehicle
owner to the department or the appropriate county tax assessor-collector,
as indicated on the License Plate Renewal Notice. Unless otherwise exempted
by law, License Plate Renewal Notices may be returned either in person or
by mail, and shall be accompanied by:
Intransit and Tow Truck
]
license plates. Replacement
In Transit
[
Intransit and Tow
Truck
] license plates will not be issued. Additional
In Transit
[
Intransit and Tow Truck
] license plates may be obtained
at any time during the registration year by submitting a new application in
accordance with subsection (d) of this section.
the vehicle
] license plates identified in paragraph (1) of this subsection,
an owner of lost, stolen, or mutilated commercial vehicle license plates may
obtain replacement license plates by filing an Application for Replacement
Plates and remitting the prescribed fee to the county tax assessor-collector
of the county in which the owner resides.
Motor Vehicle
] Division at the time the vehicle is destroyed. Registration fee credit
vouchers are nontransferable and are not redeemable for cash under any circumstances.
Natural Resource Conservation Commission
].
Subchapter C. REGISTRATION AND TITLE SYSTEM
more than
] 50,000
or more
annual motor
vehicle registrations for the purpose of enhancing the RTS, providing for
automated on-site production of registration insignia, or providing for automated
self-serve registration.
use its "Allocation of Vehicle
Registration Fees" report for each calendar year to
] determine which
counties meet the criteria for collecting the $1 additional fee, on an annual
basis.
Subchapter D. NONREPAIRABLE AND SALVAGE MOTOR VEHICLES
:
]
(i)
]
repairing hail damage
,
[
;
] or
(ii)
]
theft, unless the motor vehicle was damaged
during the theft and before recovery to the extent that the cost of repair
exceeds the actual cash value of the motor vehicle immediately before the
damage
;
[
.
]
estimated
] cost of repairs shall be used to determine whether the damage
is sufficient to classify the motor vehicle as a salvage motor vehicle.
estimated
] cost of repairs, or alternate method commonly used
by the insurance industry, shall be used to determine whether the damage is
sufficient to classify the motor vehicle as a nonrepairable motor vehicle.
estimated
] cost of repairs
, including
parts and labor,
shall be determined by
:
,
] or
,
]
,
]
.
]
.
]
(d)
] The department will place an
appropriate notation on motor vehicle records for which ownership documents
have been surrendered to the department.
(e)
] Not later than 60 days after
the motor vehicle is dismantled, scrapped, or destroyed, the person shall
report to the department and provide evidence that the motor vehicle has been
dismantled, scrapped, or destroyed.
(d)(2)(B)
] of this section.
or
]
the owner’s authorized agent; and
Subchapter E. SALVAGE VEHICLE DEALERS
vehicle
] for
export only;
(G)
] the applicant's federal tax
identification number, if any;
(H)
] the applicant's state sales
tax number;
(I)
] the applicant's social security
number if the applicant is an individual; and
(J)
] each classification of license
for which the form is being submitted.
.
]
Chapter 21.
RIGHT OF WAY
Chapter 23.
TRAVEL INFORMATION
Chapter 28.
OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
in lieu of commercial motor carrier registration, file
a surety bond with the department as described in subsection (n) of this section
].
(B)
] An escort vehicle must display
a sign, on either the roof of the vehicle, or the front
and
[
or
] rear of the vehicle, with the words "OVERSIZE LOAD [
.
]"
or "WIDE LOAD." The sign must be visible from the front and rear of the vehicle
while escorting the permitted load.
The sign must meet the following
specifications:
(C)
] An escort vehicle must maintain
two-way [
radio
] communications with the permitted vehicle and other
escort vehicles involved with the movement of the permitted vehicle.
(D)
] Warning flags must be either
red or orange fluorescent material, at least 12 inches square, securely mounted
on a staff or securely fastened by at least one corner to the widest extremities
of an overwidth permitted vehicle, and at the rear of an overlength permitted
vehicle or a permitted vehicle with a rear overhang in excess of four feet.
radio
]
communications with the permitted vehicle and other escort vehicles involved
with the movement of the permitted vehicle.
(3)
An application for a permit
to move a manufactured home not described under paragraph (2) of this subsection
must be accompanied by:]
(A)
a written statement from the chief appraiser
of the county appraisal district, or by interlocal agreement, the county tax
assessor-collector, stating that no unpaid ad valorem taxes have been reported
as due by any taxing unit for which the district appraises property;]
(B)
evidence from the county appraiser, or by interlocal
agreement, the county tax assessor-collector, for the county in which the
home is located showing that the manufactured home was moved into the county
after January 1 of the current year;]
(C)
a certificate from the appraisal district,
or by interlocal agreement, the county tax assessor-collector, for the county
in which the manufactured home is located that states the owner of the manufactured
home or other person has provided information sufficient to list the manufactured
home in the supplemental appraisal records of that district; or]
(D)
a copy of a writ of possession for the manufactured
home, issued by a court of competent jurisdiction.]
have
]:
and
]
have
]:
(7)
] of this title (relating
to General Oversize/Overweight Permit Requirements and Procedures).
Subchapter G. PORT OF BROWNSVILLE PORT AUTHORITY PERMITS
2007
].
Subchapter H. CHAMBERS COUNTY PERMITS