Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part XXIII. Texas Real Estate Commission Chapter 535. Provisions of the Real Estate License Act Licenses 22 TAC sec.535.92 The Texas Real Estate Commission adopts on an emergency basis an amendment to sec.535.92, concerning the time for filing license renewal applications. The amendment permits a licensed real estate broker or salesman to file a license renewal application at any time within a 90-day period ending the day the existing license expires. The commission has traditionally required real estate licensees to renew existing licenses no later than 45 days prior to their expiration date. Fee increases imposed by the 72nd Legislature for broker license renewal, coupled with the imposition of mandatory continuing education requirements on September 1, 1991, have materially reduced the timely filing of license renewal applications. An applicant who fails to renew on a timely basis must file a new application for a license and may be unable to practice if the application cannot be processed prior to the expiration of the existing license. The commission has determined that the disruptive effect on the public of possible nonrenewal of real estate licenses constitutes an imminent peril to the public welfare requiring emergency adoption of the amendment. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.92. Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements. (a) An application
    [All applications] for renewal showing a postmark on or before the expiration date of the license
      [last day of the renewal period] is
        [are] acceptable. (b)-(d) (No change.) (e) The commission shall establish a time period for each licensee to renew a license which shall end with
          [according to] the expiration date of the license involved. (f) Each licensee shall, as a condition of maintaining a license, pay the renewal fee or fees when requested to do so by the commission. Payment of renewal fees must be made no later than the [15th] day [of the month preceding the month] the current license expires. A licensee who fails timely to pay a renewal fee must file an original application which has been approved to regain licensure. If the original application is filed prior to the expiration of an existing license, the commission may issue the new license prior to completing the investigation of any complaint pending against the applicant or of any matter revealed by the application without waiving the right to initiate an action to suspend or revoke the license after notice and hearing in accordance with the Act, sec.17. (g)-(j) (No change.) Issued in Austin, Texas, on October 25, 1991. TRD-9113285 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 28, 1991 Expiration date: February 25, 1992 For further information, please call: (512) 465-3900 Licensed Real Estate Inspectors The Texas Real Estate Commission adopts on an emergency basis the repeal of sec.sec.535.202-535.204 and new sec.sec.535.206, 535.208, 535.210, 535.212, 535.214, 535.224 and 535.226, concerning licensed real estate inspectors. These actions replace existing sections with new sections to implement the registration of apprentice real estate inspectors and the licensing of real estate inspectors and inspectors-in-training under Senate Bill 432, enacted by the 72nd Legislature. Senate Bill 432 repealed the prior law governing real estate inspectors and created a three-tier licensing program effective September 1, 1991. Pursuant to Senate Bill 432, the commission appointed a nine-member advisory committee, known as the Texas Real Estate Inspector Committee, which has recommended rules relating to applications, fees, education and experience requirements, examinations, sponsorship of apprentices and inspectors-in-training, and the functions of the advisory committee. Because of the repeal of the prior law the commission is not authorized to accept and act upon applications to register or license new inspectors until the commission has adopted rules to implement the provisions of Senate Bill 432. The commission has determined that an imminent peril to the public welfare exists and that these rulemaking actions should be taken on an emergency basis to ensure the availability of the services of additional real estate inspectors to the public. Inspectors licensed under the prior law may continue to practice but are subject to experience and education requirements established by the new law in order to renew their licenses. Section 535.202 relates to the application form, fees, and examination required under the prior law governing real estate inspectors. The section also provides guidelines for the scope of a real estate inspection. Repeal of sec.535. 202 is necessary so that new sections addressing those subjects may be adopted by the commission. Section 535.203 concerns violations that may be committed by a licensed inspector in connection with an application for a license or a complaint being investigated under the prior law. The section authorizes disciplinary action if a licensed inspector makes false statements to obtain a license, fails to make good a check issued to the commission, fails to produce records for inspection, or fails to provide information requested by the commission as a result of a complaint. The provisions of the repealed section are being substantially readopted in new s535.208 and sec.535.224 upon the recommendation of the Texas Real Estate Inspector Committee. Section 535.204 provides for the voiding of applications under the prior law when an applicant fails to satisfy the examination requirement for licensing, fails to submit a required fee, or fails to provide documentation or information requested by the commission. The provisions of this repealed section also are being substantially readopted in new sec.535.208 upon the recommendation of the Texas Real Estate Inspector Committee. Section 535.206 establishes the quorum of the Texas Real Estate Inspector Committee and requires the committee to prepare and submit minutes and reports to the Texas Real Estate Commission. The new section also requires hearings before the committee to be conducted in accordance with new sec.535.224, which relates to proceedings before the committee. Section 535.208 establishes general requirements for registration and licensing and adopts by reference a series of application forms and experience verification forms. The application forms require applicants to disclose criminal convictions, or unsatisfied judgments and pending civil or criminal proceedings which might be a basis to deny a license or registration. Applicants must also provide an employment history and information to identify the applicant for criminal offense record searches through the Texas Department of Public Safety. The new section also provides grounds to terminate an application for failure to satisfy any required examination, to provide information, or to pay a required fee. The section provides for denial of an application if the applicant has failed to satisfy the commission as to the applicant's honesty, trustworthiness, or integrity, or the applicant has been convicted of a criminal offense the commission has determined to be directly related to the duties and obligations of a real estate inspector. The commission also may deny an application or take disciplinary action for false statements in an application to register or license an inspector. The experience verification forms will be used by licensure applicants to list and provide supporting information about the inspections claimed for experience credit. Section 535.210 establishes the fees to be paid for filing applications, for renewing a license or registration, for taking an examination, for replacing a license or registration certificate, and for deposit into the real estate inspector recovery fund. Section 535.212 addresses the education and experience required for a license as an inspector or as inspector-in-training. The section permits the commission to approve a course devoted to a subject listed in the definition of "core real estate inspector course" contained in Senate Bill 432 and offered by providers such as accredited colleges or universities, schools accredited or approved by state agencies, professional trade associations, or service-related schools. After November 1, 1991, a course must also be based on classroom presentations unless the course is approved on a correspondence basis under the guidelines provided in the section. Written examinations will be required for course acceptance after November 1, 1991, and any course offered by trade associations must be in compliance with state law. Course providers may obtain prior approval of a course from the commission after submission of a course description, copies of written course materials provided to students, and a copy of the final examination. Section 535.212 also provides guidelines for measuring experience. An inspection report which includes the structural components of improvements and the equipment and systems (plumbing, electrical, cooling and ventilation, and other systems) is given full credit as an inspection. A report limited either to the structural or to the equipment/systems components is given half credit. Inspections of two or more units in a single report are considered one inspection for the purpose of measuring an applicant's experience. Oral inspection reports must be verifiable by documentation, and inspectors may not receive experience credit for inspections performed by apprentices under their supervision. Section 535.214 requires an examination for an inspector-in-training license and for an inspector license. The examination must measure competency in the subject areas required for licensure, and a passing score is set at 75%. Section 535.224 concerns administrative hearings before the Texas Real Estate Inspector Committee. The committee will hear, and recommend the entry of final orders by the commission in, cases involving registered or licensed inspectors or applicants for registration or licensing. Proceedings must be conducted in accordance with the commission's rules of practice and procedure and Texas Civil Statutes, Article 6252-13a. The new section also readopts the additional grounds for suspension or revocation which were contained in sec.535.203. Section 535.226 concerns the sponsorship of apprentices and inspectors-in- training. The new section clarifies that an apprentice and inspector-in-training may have only one sponsoring inspector. Changes of sponsorship must be filed with the commission immediately, and the apprentice or inspector-in-training may practice for a new sponsoring inspector once a written notice and any fee for a change of address have been placed in the mail to the commission. The new section also requires apprentices and the inspector or inspector-in-training who directly supervised the inspection to sign any written inspection report. 22 TAC sec.sec.535.202-535.204 The repeals are adopted on an emergency basis under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.202. Licensed Real Estate Inspectors. sec.535.203. Licensed Real Estate Inspectors: Violations. sec.535.204. Licensed Real Estate Inspectors: Voiding of Applications. Issued in Austin, Texas, on October 25, 1991. TRD-9113459 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 28, 1991 Expiration date: February 25, 1992 For further information, please call: (512) 465-3900 22 TAC sec.sec.535.206, 535.208, 535.210, 535.212, 535. 214, 535.224, 535.226 The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.206. The Texas Real Estate Inspector Committee. (a) The composition and functions of the committee shall be as prescribed by Texas Civil Statutes, Article 6573a, sec.23. (b) A quorum of the committee consists of five members. (c) Meetings of the committee shall be conducted in substantial compliance with Robert's Rules of Order. (d) Minutes of each meeting shall be prepared by the secretary of the committee, or in the secretary's absence, by a member designated by the chairman. Minutes shall be submitted to the committee for approval and shall be filed with the commission upon approval. (e) The committee shall submit semiannual reports to the commission on or before March 1 and September 1 of each year detailing the performance of the committee. The commission may require the report to be submitted on a form approved by the commission for that purpose. The committee may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the commission at any time the committee deems appropriate. If the commission submits a proposed rule to the committee for development, the chairman of the committee or the chairman's designate shall report to the commission on a monthly basis with regard to the committee's consideration of the rule. (f) Hearings before the committee concerning the registration, licensing, or discipline of real estate inspectors shall be conducted in accordance with sec.535.224 of this title (relating to Proceedings before the Committee). sec.535.208. Application for a License or Registration. (a) A person desiring to be licensed or registered shall file an application using forms prescribed by the commission. The commission may not accept an application for filing if the application is materially incomplete or the application is not accompanied by the appropriate fee. The commission may not issue a license or registration unless the applicant: (1) pays the fee prescribed by the commission; (2) satisfies any experience or education requirements established by the Real Estate License Act (the Act), sec.23 or by these sections; (3) successfully completes any qualifying examination required by the Act; (4) provides all supporting documentation or information requested by the commission in connection with the application. (b) The Texas Real Estate Commission adopts by reference the following forms approved by the commission in 1991. These forms are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188: (1) Application for Registration as an Apprentice Real Estate Inspector, Form REI 2-1; (2) Apprentice Inspection Log, Form REI 3-1; (3) Application for a License as a Real Estate Inspector-in-Training, Form REI 4-1; (4) Inspector-in-Training Inspection Log, Form REI 5-1; and (5) Application for a License as a Real Estate Inspector, Form REI 6-1. (c) An application shall be considered void and subject to no further evaluation or processing when one of the following events occurs: (1) the applicant fails to satisfy a required examination within six months from the date the application is accepted for filing; (2) the applicant fails to provide information or documentation within 60 days after the commission makes written request for the information or documentation; (3) the applicant fails to submit a required fee within 60 days after the commission makes written request for payment of the fee. (d) An application for a license or registration may be denied if the commission determines that the applicant has failed to satisfy the commission as to the applicant's honesty, trustworthiness, and integrity or if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under sec.541.1 of this title (relating to Criminal Offense Guidelines). Notice of the denial and any hearing before the committee on the denial shall be as provided in the Act, sec.10 and sec.535.224 of this title (relating to Proceedings before the Committee). (e) Procuring or attempting to procure a license or registration by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application is grounds to deny the application or suspend or revoke the registration or license. It is a violation of this section for a sponsoring inspector knowingly to make a false statement to the commission in an application to register an apprentice or to license an inspector-in-training. sec.535.210. Fees. (a) The commission shall charge and collect the following fees: (1) a fee of $25 for filing an original application for registration as an apprentice inspector; (2) a fee of $35 for filing an original application for a license as an inspector-in-training; (3) a fee of $50 for filing an original application for a license as a real estate inspector; (4) a fee of $25 for the annual renewal of the registration of an apprentice inspector; (5) a fee of $35 for the annual renewal of the license of an inspector-in- training; (6) a fee of $50 for the annual renewal of the license of a real estate inspector; (7) a fee of $25 for taking a license examination; (8) a fee of $10 for requesting a change of address or replacement of a lost or destroyed license or registration certificate; and (9) a fee of $100 for deposit in the real estate inspection recovery fund upon an applicant's successful completion of an examination. (b) Fees established by this section which are paid when an application is filed are not refundable once an application has been accepted for filing. sec.535.212. Education and Experience Requirements for a License. (a) The commission shall accept a course of study to satisfy educational requirements for licensing if the course meets the requirements of this section. (b) The commission may approve courses to be submitted by applicants for a real estate inspector-in-training or a real estate inspector license upon a determination of the commission that: (1) the course was devoted to a subject or subjects named in the Real Estate License Act (the Act), sec.23(a)(3); and (2) the course was offered by an accredited college or university, by a school accredited by the commission or by a real estate or inspector regulatory agency of another state, by a professional trade association, or by a service-related school such as the United States Armed Forces Institute, or the course was approved by an agency of this state. (c) After November 1, 1991, a course must also meet the following requirements. (1) The applicant must have received in a classroom presentation the hours of instruction for which credit was given. (2) The applicant must have successfully completed a final examination for course credit. (3) If the course was offered by a provider subject to any state law concerning the offering of courses, the course must have been offered in compliance with such law. (d) For the purposes of this section, a professional trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members. (e) The commission may require an applicant to furnish materials such as source outlines, syllabi, course descriptions, or official transcripts to verify course content or credit. (f) Correspondence courses may be approved by the commission under the following conditions. (1) The course must have been offered by an accredited college or university which offers correspondence programs in other disciplines. (2) Successful completion of a written examination administered to positively identified students at a location and by an official approved by the college or university must be required for course credit. (3) The content and length of the course must meet the requirements established by this section. (g) The commission shall periodically publish guidelines as to the acceptability of courses which have been approved by the commission. Except as may be specifically provided to the contrary in this section, the review and acceptance of courses submitted to satisfy educational requirements for inspector licensing shall be conducted by the commission, in the manner prescribed by sec.535.61 of this title (relating to Examinations.) (h) Course providers may obtain prior approval of a course by submitting the following items to the commission: (1) a course description; (2) a copy of any textbook, course outline, syllabus, or other written course material provided to students; and (3) a copy of the written final examination which measures a student's mastery of the course. (i) For the purpose of determining the number of inspections required for a license, the commission shall consider an improvement to real property to be any unit which is capable of being separately rented, leased, or sold. An inspection report for such a unit which includes the structural and equipment/systems components of the unit shall constitute a single inspection. Half credit shall be given for an inspection limited to structural components only or equipment/systems only; provided, no more than 80% of the inspections submitted for experience credit may be limited to structural only or equipment/systems only. A single report which covers two or more units shall be considered a single inspection. Applicants who claim experience for oral inspection reports must be able to verify that an inspection was performed by file memoranda or other documentation. Inspectors-in-training and inspectors may not receive experience credit for an inspection performed by an apprentice under their supervision. sec.535.214. Examinations. There shall be an examination for an inspector-in- training license and for an inspector license. Questions shall be used which will measure competency in the subject areas required for licensure by Texas Civil Statutes, Article 6573a, sec.23 (the Act), and which will demonstrate an awareness of its provisions relating to inspectors. Each applicant must achieve a score of at least 75% on the examination. sec.535.224. Proceedings before the Committee. (a) The committee shall conduct administrative hearings and recommend the entry of final orders by the commission in contested cases regarding: (1) real estate inspectors, inspectors-in-training, or apprentice inspectors who are alleged to have violated a provision of Texas Civil Statutes, Article 6573a (the Act), sec.23 or a rule of the commission; (2) persons whose applications for licensing as inspectors or inspectors-in- training or for registration as apprentice inspectors have been initially denied by the commission on a ground relating to the applicant's honesty, trustworthiness, and integrity; and (3) real estate inspectors, inspectors-in-training, or apprentice inspectors who have been convicted of a criminal offense listed in sec.541.1 of this title (relating to Criminal Offense Guidelines). (b) If the committee determines after a hearing that disciplinary action is warranted, the committee may recommend that the commission issue a reprimand, or suspend or revoke a license or registration. The committee may recommend that an order of suspension or revocation be probated in whole or in part by the commission or that the probation be subject to reasonable terms and conditions in the manner contemplated by the Act, s15B(d). The committee may recommend that the commission enter a final order denying a license or registration or that a probationary license or registration be issued in the manner contemplated by sec.535.94 of this title (relating to Hearing on Application Disapproval: Probationary License). (c) Proceedings before the committee shall be conducted by the committee in the manner contemplated by sec.sec.533.1-533.30 of this title (relating to Practice and Procedure) and with the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. The chairman of the committee or a member designated by the chairman shall act as presiding officer and may vote as any other member. (d) In addition to the grounds for disciplinary action provided in the Act, sec.23(1), a registration or license of an inspector may be suspended or revoked by the commission if the inspector: (1) fails to make good a check issued to the commission within 30 days after the commission had mailed a request for payment by certified mail to the inspector's last known business address as reflected by the commission's records; (2) fails or refuses on demand to produce a document, book, or record in his possession concerning a real estate inspection conducted by him for examination by the commission or its authorized agent; or (3) fails within 10 days to provide information requested by the commission or its authorized agent in the course of an investigation of a complaint. sec.535.226. Sponsorship of Apprentices and Inspectors-in-training. (a) An apprentice may be sponsored by only one licensed inspector. An inspector- in-training may be sponsored by only one licensed inspector. (b) A change in sponsorship shall be reported to the commission immediately. An apprentice or inspector-in-training may act for the new sponsoring inspector once the written notice has been placed in the mail to the commission along with the fee for reporting any change of address. (c) Written inspection reports must be signed by the apprentice who performed the inspection and by the inspector-in-training or inspector who directly supervised the inspection. Issued in Austin, Texas, on October 25, 1991. TRD-9113283 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 28, 1991 Expiration date: February 25, 1992 For further information, please call: (512) 465-3900 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Administration Generic Job Postings 43 TAC sec.sec.1.200-1.203 The Texas Department of Transportation adopts on an emergency basis new sec.sec.1.200-1.203, concerning generic job postings. The new sections authorize the department to provide an alternate procedure for notifying potential job applicants of management positions within the department. Rider 23 of the Texas Department of Transportation's appropriation for the 1992-1993 biennium requires that the department adopt temporary job posting rules for exempt positions and those in classification group 21. The new sections provide for the generic posting of positions, applications, lateral transfer of department employees whose positions may be eliminated as a result of implementing House Bill 9, 72nd Legislature, First Called Session, 1991, publication, and evaluation. Adoption on an emergency basis is necessary in order to implement the requirements of Rider 23 of the Texas Department of Transportation's appropriation for the 1992-1993 biennium and the directives of House Bill 9, 72nd Legislature, First Called Session, 1991, which requires that consideration be given to employees whose positions are eliminated due to reorganization; to meet the legislative intent and deadlines for reorganization; to minimize adverse effects on the lives and welfare of employees and their families; and to assure continuing ability to discharge the duties of public safety and welfare. The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules and regulations for the conduct of the work of the Texas Department of Transportation. sec.1.200. Purpose. The purpose of the sections under this undesignated head is to provide an alternative procedure for notifying potential job applicants of management positions within the department. sec.1.201. Definitions. The following words and terms, when used in the sections under this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. Department-The Texas Department of Transportation. Executive director -The chief executive officer of the department. Generic job posting-A general job posting of exempt and classification group 21 positions which covers several jobs with similar levels of responsibility such as district engineers, district staff-level engineers, and district administrative managers. Lateral transfer -A change in duty assignment of an employee within an agency from a position in one classification to a position in the same or another classification in the same salary group. Pool of qualified applicants-The group of applicants generated from a generic job posting who are best qualified for a position as described in a generic job posting. sec.1.202. Lateral Transfers.
            The department may fill a vacant position that is exempt or is in the classification group 21 without posting the specific position, subject to the following conditions: (1) the executive director finds that the position should be filled by the lateral transfer of any employee whose existing position is eliminated as a result of implementing House Bill 9, 72nd Legislature, First Called Session 1991; and (2) qualified applicants from the pool created by a generic posting as provided under sec.1.203 of this title (relating to Procedures) are considered prior to filling the specific position by lateral transfer. sec.1.203. Procedures. (a) This section sets forth the procedures the department shall undertake to generate a pool of qualified applicants. The department shall take the following steps in promulgating and disseminating generic job postings. (1) The department shall, after an examination of department positions, determine those positions which are available to be filled. (2) The department shall develop job vacancy notices for the generic posting of exempt positions and those in classification group 21. (3) The department shall disseminate the generic job postings by: (A) distributing generic job postings to all departmental district and division offices statewide, and at Texas Employment Commission offices throughout the state; and (B) publishing job vacancy notices in newspapers and recognized minority publications of general circulation in the State of Texas, and such notices shall include a closing date by which applications must be received by the department. (4) Upon receipt of applications received pursuant to paragraph (3) of this subsection, the department shall process the applications as follows. (A) The department shall review all applications in relation to the minimum qualifications outlined in the job vacancy notice. (B) The department shall determine which applicants meet the minimum qualifications outlined in the job vacancy notice. (C) Applicants identified pursuant to subparagraph (B) of this paragraph shall be further evaluated in relation to their knowledge, skills, abilities, and job experience as it pertains to the position described in the job vacancy notice. (D) As appropriate, the department shall interview applicants who are considered best qualified as determined in subparagraphs (A), (B), and (C) of this paragraph. (E) Applicants who are determined to be best qualified pursuant to subparagraph (C) or (D) of this paragraph shall be placed in the pool of qualified applicants. (5) Persons from the pool of qualified applicants shall be considered for positions as they become available within the department. (b) Those persons both within and outside the department making application pursuant to subsection (a) of this section shall apply according to the steps described in this subsection. (1) Applicants shall carefully review the job vacancy notice relative to the qualifications described. (2) Applicants shall submit a current resume, as instructed in the job vacancy notice, that responds specifically to the qualifications and location criteria described in the job vacancy notice, with a completed application form and such other information as may be required by the department. Issued in Austin, Texas, on October 29, 1991. TRD-9113364 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 29, 1991 Expiration date: February 26, 1992 For further information, please call: (512) 463-8630 Chapter 17. Division of Motor Vehicle Titles and Registration Motor Vehicle Registration 43 TAC sec.17.51 The State Department of Highways and Public Transportation adopts on an emergency basis an amendment to sec.17.51, concerning registration reciprocity agreements. The amended section provides for the most recent edition of the AAMVA International Registration Plan, with Official Commentary, as published on March 1, 1991, to be adopted by reference. The amendment also includes the definition of certain regulatory terms, the department's procedure for issuance of apportioned license plates and corresponding cab cards for commercial vehicles, the appropriate display of apportioned vehicle registration, the audit of apportioned vehicle operational records, the department's assessment of additional registration fees which may be due the state, the notification of assessments and/or cancellation of the registrant's operating privileges for failure to comply, an informal conference procedure to seek resolution, and a formal administrative hearing appeal process consistent with principles of due process and the Administrative Procedure and Texas Register Act. Adoption on an emergency basis is necessary in order to comply with the provisions of the International Registration Plan with Official Commentary, March 1, 1991, edition, thereby protecting the interests of the citizens of Texas by immediately implementing a more effective and uniform administration of the vehicle registration law. The amendment is adopted on an emergency basis under Texas Civil Statutes, Articles 6666 and 6675a-16, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and for the orderly administration of statutory provisions relating to vehicle registration reciprocity agreements. sec.17.51. Registration Reciprocity Agreements. (a) (No change.) (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Department-The Texas
              [State] Department of [Highways and Public] Transportation. (2) Executive director
                [Engineer-director]-The chief executive officer of the department
                  [state engineer-director for highways and public transportation]. (c) Multilateral agreements. (1) Authority. The executive director
                    [engineer-director] may on behalf of the department enter a multilateral agreement with the duly authorized officials of two or more other jurisdictions to carry out the purpose of this section. (2) International registration plan. (A) Applicability
                      . The international registration plan is a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles operated in various jurisdictions. Its purpose is to promote and encourage the fullest possible use of the highway system by authorizing apportioned registration for commercial motor vehicles and payment of appropriate vehicle registration fees, thus contributing to the economic development and growth of the member jurisdictions. (B) Adoption
                        . The department adopts by reference the AAMVA International Registration Plan with Official Commentary, March
                          [January] 1, 1991
                            [1990], edition (IRP). This document will be periodically amended by its members. Copies of the document are available for review in the Division of Motor Vehicle
                              [Vehicles] Titles and Registration, Texas
                                [State] Department of [Highways and Public] Transportation, 40th and Jackson Streets, Austin. Copies also are available on request. (C) Definitions
                                  . The following words and terms, when used in this paragraph, shall have the following meanings, unless the context clearly indicates otherwise. (i) (No change.) (ii) Apportionable vehicle-Any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pick up and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and: (I) is a power unit having a gross vehicle weight or registered gross vehicle weight
                                    in excess of 26,000 pounds; (II)-(III) (No change.) (IV) at the option of the registrant, vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles and buses used in transportation of chartered parties [may be considered an apportionable vehicle]. (iii) Cab card -The apportioned vehicle registration receipt which contains but is not limited to the vehicle description and the registered weight the vehicle may operate in each jurisdiction. (iv)[(iii)] Commercial vehicle-A vehicle or combination designed and used for the transportation of persons or property in furtherance of any commercial enterprise, for hire or not for hire. (v) Director-The director of the Division of Motor Vehicle Titles and Registration, Texas Department of Transportation. (vi) Erroneous issuance-Apportioned registration issued based on erroneous information provided to the department. (vii) Established place of business-A physical structure owned, leased, or rented by the fleet registrant and maintained in accordance with the provisions of the International Registration Plan, Articles II and IX. (viii)
                                      [(iv)] Fleet miles -All mileage operated by an apportionable vehicle or vehicles used to calculate registration fees for the various jurisdictions. (ix) Temporary operating authority permit-A temporary registration permit issued by the department which authorizes the operation of a vehicle for 45 days subject to all rights and privileges afforded to a vehicle displaying apportioned registration. (D) Application. (i) An applicant must submit an application to the department on a form prescribed by the director together with such additional documentation as may be required by the director. (ii) Upon approval of the application, the department will compute the appropriate registration fees and notify the registrant. (E) Fees. Upon receipt of the applicable fees in the form of a check (other than personal), cashier's check, or money order made payable in United States funds the department will issue one license plate and cab card for each vehicle registered. (F) Display. (i) The license plate issued to a power unit must be installed on the front of the vehicle and the license plate issued for a trailer must be installed on the rear of the vehicle. (ii) The cab card must be carried at all times on the vehicle in accordance with Texas Civil Statutes, Article 6701d-11, sec.5(a). (G) Audit. An audit of the registrant's vehicle operational records may be conducted by the department according to the IRP provisions. Upon request, the registrant must provide the operational records for audit in unit number order, in sequence by date, and containing, but not limited to: (i) a recap of mileage traveled by each individual truck on a monthly or quarterly basis with mileage totaled separately for each jurisdiction in which the vehicle traveled; and (ii) proof of payment of fees due to a bilateral jurisdiction if the registrant's application for apportioned registration indicated mileage in a bilateral jurisdiction.
                                        (H) Assessment. The department may assess additional registration fees if an audit conducted under subparagraph (G) of this paragraph reveals that: (i) a registrant failed to provide proof that fees have been paid in accordance with subparagraph (G) of this paragraph; (ii) the operational records indicated that the vehicle did not generate interstate miles in two or more member jurisdictions for the mileage reporting period supporting the application being audited, plus the six-month period immediately following that mileage reporting period; (iii) a registrant failed to provide complete operational records; (iv) the company did not comply with the provisions of subparagraph (M) of this paragraph regarding temporary operating authority permits; (v) mileage was generated in a jurisdiction and not reflected on the application; or (vi) mileage must be adjusted which results in a shortage of registration fees due Texas or any other IRP jurisdiction in an amount of $10 or more. (I) Refunds. If an audit conducted under subparagraph (G) of this paragraph reveals an overpayment of fees to Texas, the department may refund the overpayment of Texas registration fees in accordance with Texas Civil Statutes, Article 6675a-5f, if the overpayment of registration fees due Texas is an amount that is $10 or more. The registrant may request refunds from other IRP jurisdictions. (J) Cancellation. The director may cancel a registrant's apportioned registration and all privileges provided by the IRP if the registrant: (i) submits payment in the form of a check which is dishonored; (ii) files or provides erroneous information to the department; or (iii) fails to: (I) remit appropriate fees due each jurisdiction in which the registrant is authorized to operate; (II) meet the requirements of Article II 218 and Article IX 906 of the IRP relating to established place of business; (III) provide operational records in accordance with subparagraph (G) of this paragraph; (IV) provide an acceptable source document as specified in the IRP; or (V) pay an assessment pursuant to subparagraph (H) of this paragraph. (K) Enforcement. (i) Notice. If it is determined that a registrant's apportioned license plates and privileges should be canceled as provided in subparagraph (J) of this paragraph the director will mail a notice by certified mail to the last known address of the registrant. The notice will state the facts underlying the cancellation, the effective date of the cancellation, and the right of the registrant to request a conference as provided in clause (ii) of this subparagraph. (ii) Conference. A registrant may request a conference upon receipt of a notice issued as provided by clause (i) of this subparagraph. Such request must be made in writing to the director within 15 days of the date of the notice. If timely requested, the conference will be scheduled and conducted by the regional supervisor at the regional office and will serve to abate the cancellation unless and until that cancellation is affirmed or disaffirmed by the director. In the event matters are resolved in the registrant's favor, the director will mail the registrant a notice of withdrawal, notifying the registrant that the assessment or the cancellation is withdrawn, and stating the basis for that action. In the event matters are not resolved in the registrant's favor, the director will issue a ruling reaffirming the department's assessment of additional registration fees or cancellation of apportioned plates and privileges. The registrant has the right to appeal in accordance with clause (iii) of this subparagraph. (iii) Appeal. If a conference held in accordance with clause (ii) of this subparagraph fails to resolve matters in the registrant's favor, the registrant may request an administrative hearing. The request must be in writing and must be received by the director no later than the 20th day following the date of the ruling issued under clause (ii) of this subparagraph. If timely requested, the hearing will be initiated by the department and will be conducted in accordance with sec.sec.1.21-1.63 of this title (relating to Contested Case Procedures). Cancellation is abated unless and until affirmed or disaffirmed by order of the Texas Transportation Commission. (L) Reinstatement. (i) The director may accept a new application for apportioned registration from a previously canceled registrant provided: (I) all apportioned license plates, cab cards (if available), and temporary operating authorities have been surrendered to the department; (II) all applicable fees and assessments due on the previously canceled apportioned account have been paid; and (III) the applicant provides proof of an acceptable record keeping system for a period of no less than 60 days. (ii) The application shall be processed and 100% registration fees will be due Texas. Mileage for all other jurisdictions shall be shown as an estimate and registration fees in excess of 100% will be due. (iii) The application for the following registration year will be processed in accordance with clause (ii) of this subparagraph if the application for reissuance is submitted after July 1 of the current registration year. (M) Temporary operating authority permit. The director may authorize the issuance of temporary operating authority permits to a registrant to expedite the adding of a vehicle to a specified fleet or to replace the license plate or cab card of a vehicle in that fleet. The registrant must submit an application for the permits to the department on a form prescribed by the director. Upon approval of the application, the department will issue a supply of no less than 10 nor more than 50 permits to the registrant for a particular fleet subject to the following conditions. (i) The registrant is accountable to the department for all permits issued under this subparagrah. Upon request, the registrant must present to the department the company copy of all assigned permits and all unassigned permits (intact) for inspection by the department. (ii) No more than one permit may be issued for a particular vehicle in a registration period. (iii) Each permit issued in accordance with this subparagraph must be validated by the department before the registrant assigns the permit to a vehicle. (iv) The registrant must submit an application for apportioned registration for the vehicle on a form prescribed by the director within 20 calendar days from the date the permit was validated. (v) If it is determined that the permit was validated and an application for apportioned registration for that vehicle was not submitted to the department, the registrant shall be subject to registration fees due to the state for the period the permit was valid. (vi) If it is determined that a registrant cannot account for a permit, the registrant shall be subject to registration fees due to the state in an amount not to exceed the 45-day period for which each such permit could be valid. (vii) A registrant's privilege to obtain temporary operating authority permits may be denied if it is determined that the registrant has failed to properly complete the permit forms or has repeatedly been assessed registration fees for the improper use of such permits. (viii) The registrant's refusal to pay said registration fees assessed in accordance with clauses (v) and (vi) of this subparagraph could result in the cancellation of all operating privileges in accordance with subparagraph (J) of this paragraph. (d) Bilateral agreements. The executive director
                                          [engineer-director] may on behalf of the department enter into a bilateral agreement with the duly authorized officials of another jurisdiction to grant exemptions from payment of registration fees by non-residents provided such grants are reciprocal to Texas residents. Issued in Austin, Texas on October 29, 1991. TRD-9113415 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 29, 1991 Expiration date: February 26, 1992 For further information, please call: (512) 463-8630