43 TAC §17.21, §17.23
The Texas Department of Transportation (department)
proposes amendments to §17.21, Definitions, and §17.23,
Temporary Registration Permits, both concerning motor vehicle registration.
EXPLANATION OF PROPOSED AMENDMENTS
The proposed amendments are the result of changes made to Transportation
Code, §648.001 and Transportation Code, §648.101, by House
Bill 782, 81st Legislature, 2009, which relate to registration exemptions
for certain foreign commercial motor vehicles.
Amendments to §17.21, Definitions, add the definition of "foreign
commercial vehicles" to specify that the vehicle must be owned by
a person domiciled in or who is a citizen of another country. This
definition is the same as that contained in Transportation Code, §648.001(4),
as amended by House Bill 782.
Amendments to §17.23(h) re-title the subsection from "Exemptions"
to "Border commercial zones" and implement changes that were made
to Transportation Code, §648.101 by House Bill 782.
Amendments to §17.23(h)(1) state the general rule that a vehicle
in a border commercial zone must display a valid Texas registration
if the vehicle is owned by a person who owns a leasing facility or
leasing terminal in Texas and leases the vehicle to a foreign motor
carrier. This paragraph is added as a result of Transportation Code, §648.101(e),
as added by House Bill 782, and is not subject to the exemptions provided
elsewhere in §17.23(h).
Amendments to §17.23(h)(2), relating to an exemption for the
transportation of cargo by brief trips across the border into or from
a border commercial zone, remove the exemption for a person who controls,
rather than owns, the vehicle and limit the exemption to a vehicle
that is registered and licensed as required by the country in which
the owner is domiciled or is a citizen. These changes are made in
accordance with Transportation Code, §648.101(a), as amended
by House Bill 782.
New §17.23(h)(3), exempts a foreign commercial motor vehicle
in a border commercial zone from registration if a valid reciprocity
agreement between Texas and another state of the United States or
a Canadian province exempts currently registered vehicles owned by
a resident of this state from registration in the other state or province.
These changes are made in accordance with Transportation Code, §648.101(c),
as amended by House Bill 782.
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.
However, there are fiscal implications due to the passage of House
Bill 782. An estimated 9,000 Texas-owned trailers are currently operating
in the border commercial zone without Texas plates. The fiscal impact
of the registration and titling of these vehicles could generate an
additional $346,000 annually to the state and $176,000 annually to
the counties.
Government Code, §2006.002, Adoption of Rules with Adverse
Economic Effect, requires that before adopting a rule that may have
an adverse economic effect on small businesses, a state agency must
prepare an economic impact statement and a regulatory flexibility
analysis unless the rule is adopted to comply with legislatively mandated
language. Government Code, §2006.002, also requires that agencies
prepare a regulatory flexibility analysis to analyze alternatives
to the proposed rule unless the rule is adopted to comply with a legislative
mandate. The title and registration of trailers is mandated by House
Bill 782, 2009.
Rebecca Davio, 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 AND COST
Ms. Davio 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 the
registration and titling of trailers in Texas.
However, there are anticipated economic costs due to the passage
of House Bill 782. Persons required to comply with the statute will
pay $15 for the token trailer fee, $.30 for the reflectorization fee,
and local fees such as the county road and bridge fee. Title application
fees are generally $33 per trailer for counties in nonattainment and
surrounding areas, and $28 per trailer in other counties. Of that
fee, $5 is distributed to the county, and the remainder to the state.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments to §17.21 and §17.23
may be submitted to Rebecca Davio, Director, Vehicle Titles and Registration,
Texas Department of Transportation, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on August 10, 2009.
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, §648.002 which authorizes
the commission to adopt rules to carry out Transportation Code, Chapter 684.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 684, Subchapter C.
§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) - (25) (No change.)
(26) Foreign commercial
motor vehicle--A commercial motor vehicle, as defined by 49 C.F.R. §390.5,
that is owned by a person or entity that is domiciled in or a citizen
of a country other than the United States.
(27) [(26)] Gross weight--The
sum of the empty weight of a commercial vehicle (or vehicles, if operated
in combination), combined with its maximum carrying capacity, rounded
up to the next 100 pounds.
(28) [(27)] Highway construction
project--That section of the highway between the warning signs giving
notice of a construction area.
(29) [(28)] International symbol
of access--The symbol adopted by Rehabilitation International in 1969
at its Eleventh World Congress of Rehabilitation of the Disabled.
(30) [(29)] 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.
(31) [(30)] Light truck--As
defined in Transportation Code, §541.201, any truck with a manufacturer's
rated carrying capacity not to exceed two thousand pounds, including
those trucks commonly known as pickup trucks, panel delivery trucks,
and carryall trucks.
(32) [(31)] Make--The trade
name of the vehicle manufacturer.
(33) [(32)] Motor bus--A motor-propelled
vehicle used to transport persons on public highways for compensation,
other than a street or suburban bus.
(34) [(33)] Motorized mobility
device--A device designed for transportation of persons with physical
disabilities that:
(A) has three or more wheels;
(B) is propelled by a battery-powered motor;
(C) has not more than one forward gear; and
(D) is not capable of speeds exceeding eight miles per hour.
(35) [(34)] 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.
(36) [(35)] Nonprofit organization--An
unincorporated association or society or a corporation that is incorporated
or holds a certificate of authority under the Business Organizations Code.
(37) [(36)] 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.
(38) [(37)] 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.
(39) [(38)] Political subdivision--A
county, municipality, local board, or other body of this state having
authority to provide a public service.
(40) [(39)] 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.
(41) [(40)] 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.
(42) [(41)] Rental trailer--A
utility trailer that has a gross weight of 4,000 pounds or less and
is part of a rental fleet.
(43) [(42)] Road tractor--A
vehicle designed for the purpose of mowing the right of way of a public
highway or a motor vehicle designed or used for drawing another vehicle
or a load and not constructed to carry:
(A) an independent load; or
(B) a part of the weight of the vehicle and load to
be drawn.
(44) [(43)] Service agreement--A
contractual agreement that allows individuals or businesses to access
the department's vehicle registration records.
(45) [(44)] Specialty license
plate--A special design license plate issued by the department under
statutory authority.
(46) [(45)] Specialty license
plate fee--Statutorily or department required fee payable on submission
of an application for a specialty license plate, symbol, tab, or other
device, and collected in addition to statutory motor vehicle registration fees.
(47) [(46)] Special district--A
political subdivision of the state established to provide a single
public service within a specific geographical area.
(48) [(47)] Sponsoring entity--An
institution, college, university, sports team, or any other individual
or group that desires to support a particular specialty license plate
by coordinating the collection and submission of the prescribed applications
and associated license plate fees or deposits for that particular
license plate.
(49) [(48)] 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.
(50) [(49)] 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.
(51) [(50)] Token trailer--[:]
(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.
(52) [(51)] Tow truck--A motor
vehicle equipped with a mechanical device adapted or used to tow,
winch, or otherwise move another motor vehicle.
(53) [(52)] 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.
(54) [(53)] 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.
(55) [(54)] 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.
(56) [(55)] Vehicle classification--The
grouping of vehicles in categories for the purpose of registration,
based on design, carrying capacity, or use.
(57) [(56)] Vehicle description--Information
regarding a specific vehicle, including, but not limited to, the vehicle
make, model year, body style, and vehicle identification number.
(58) [(57)] 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.
(59) [(58)] 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.
(60) [(59)] 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.
(61) [(60)] 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.
(62) [(61)] Volunteer fire department--An
association that is organized for the purpose of answering fire alarms,
extinguishing fires, and providing emergency medical services.
§17.23.Temporary Registration Permits.
(a) - (g) (No change.)
(h) Border commercial zones. [Exemptions.
A foreign commercial vehicle operating in accordance with Transportation
Code, Chapter 648 is exempt from the display of a temporary registration
permit if:]
(1) Texas registration required. A vehicle located
in a border commercial zone must display a valid Texas registration
if the vehicle is owned by a person who: [the vehicle is
engaged solely in the transportation of cargo across the border into
or from a border commercial zone;]
(A) owns a leasing facility
or a leasing terminal located in Texas; and
(B) leases the vehicle
to a foreign motor carrier.
(2) Exemption for trips of short duration. Except
as provided by paragraph (1) of this subsection, a foreign commercial
vehicle operating in accordance with Transportation Code, Chapter
648 is exempt from the display of a temporary registration permit
if [for each load of cargo transported the vehicle remains
in this state for]:
(A) the vehicle is engaged solely in the transportation
of cargo across the border into or from a border commercial zone;
[not more than 24 hours; or]
(B) for each load of cargo transported the vehicle
remains in this state for [
not more than 48 hours, if]:
(i) not more than 24 hours; or [the
vehicle is unable to leave this state within 24 hours because of circumstances
beyond the control of the motor carrier operating the vehicle; and]
(ii) not more than 48 hours, if: [all
financial responsibility requirements applying to this vehicle are
satisfied;]
(I) the vehicle is unable
to leave this state within 24 hours because of circumstances beyond
the control of the motor carrier operating the vehicle; and
(II) all financial responsibility
requirements applying to this vehicle are satisfied;
(C) the vehicle is registered and licensed as required
by the [law of another state or] country
in which the person that owns the vehicle is domiciled or is a citizen
as evidenced by a valid metal license plate attached to the front or
rear exterior of the vehicle; and
(D) the country in which the person who owns [or
controls] the vehicle is domiciled or is a citizen[
,] provides a reciprocal exemption for commercial motor vehicles owned
[or controlled] by residents of Texas.
(3) Exemption due to reciprocity
agreement. Except as provided by paragraph (1) of this subsection,
a foreign commercial motor vehicle in a border commercial zone in
this state is exempt from the requirement of obtaining a Texas registration
if the vehicle is currently registered in another state of the United
States or a province of Canada with which this state has a reciprocity
agreement that exempts a vehicle that is owned by a resident of this
state and that is currently registered in this state from registration
in the other state or province.
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 June 26, 2009.
TRD-200902625
Bob Jackson
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 9, 2009
For further information, please call: (512) 463-8683