EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Vehicle Titles and Registration Motor Vehicle Registration 43 TAC sec.17.23 The Texas Department of Transportation adopts on an emergency basis a change to existing 17.23, concerning temporary registration permits. On August 31, 1995, the department adopted on an emergency basis new sec.17. 23 concerning the issuance of temporary registration permits to be recognized as legal registration for the movement of motor vehicles not authorized to travel on Texas public highways for lack of registration or for lack of reciprocity with the state or country in which the vehicles are registered. The emergency new section also provided that on or after December 18, 1995, Mexican residents traveling in the commercial zones would no longer be exempt from registration fees and would, therefore, be required to obtain temporary registration permits. In consideration of public comments from individuals, businesses, and members of the Texas legislature, and the expressed concern for the economy of certain regions of this state, the department filed the proposed version of sec.17.23 which allows the executive director of the department to 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 and upon the approval of the governor and the making of a determination that the economic benefits to the state outweigh all other factors considered. To continue the rulemaking process, the department finds it necessary to withdraw the original version of emergency sec.17.23 to be effective immediately upon filing and which would have expired December 30, 1995. And in order to prevent a period of time when there would have been a lapse in rules, the department is simultaneously filing emergency new sec.17.23 to read the same as the final adoption of new sec.17.23. New sec.17.23 establishes the department's policies and procedures for the application and issuance of all temporary registration permits that will be recognized as legal registration for the movement of motor vehicles not authorized to travel on Texas public highways for lack of registration or for lack of registration reciprocity, including temporary agricultural permits or additional weight permits, annual registration, 72-hour registration, 144-hour registration, one-trip registration, and 30-day registration. New 17.23 also provides that the department will issue a cardboard tag or windshield validation sticker which must be displayed on the vehicle at all times; provides that the department will issue a receipt as evidence of registration; prohibits the transfer of temporary permits between vehicles and/or owners; describes the process for lost, stolen, or mutilated permits; and authorizes the executive director of the department to enter into a written reciprocal 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. Transportation Code, Chapter 502, Subchapter G, authorizes the department to carry out the provisions of those laws governing the issuance of temporary motor vehicle registration including: additional weight permits for transporting the owner's seasonal agricultural products; 72-hour permits and 144-hour permits for the movement of commercial motor vehicles, trailers, semitrailers, and motor buses owned by the residents of the United States or Canada; 30-day temporary nonresident registration permits to move agricultural products produced in Texas; 30-day nonresident registration permits to nonresidents to move or harvest farm products produced outside of Texas; one-trip permits for unladen vehicles; and 30-day temporary registration permits for unladen vehicles. Transportation Code, sec.502.354 provides that the executive director may enter into a reciprocal 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. Senate Bill 981, 74th Legislature, 1995, amended Texas Civil Statutes, Article 6675a-6c, now codified as Transportation Code, sec.502.353, to authorize the department to issue annual registration permits to be recognized as legal vehicle registration for the movement of foreign commercial vehicles on Texas highways. Senate Bill 1420, 74th Legislature, 1995, amended Texas Civil Statutes 6675-6d, now codified as Transportation Code, sec.502.352, to authorize the department to issue 72/144-hour temporary permits for commercial vehicles owned by residents of Mexico. It is necessary to adopt new sec.17.23 on an emergency basis to implement the cited legislative mandates in a manner that will serve the economic needs and welfare of the border regions and the state as a whole so that the economy is not seriously adversely affected, and to facilitate the cross-border service allowed under the North American Free Trade Agreement. The emergency new section is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Transportation Code, sec.502.352 and sec.502.353, as amended, which authorize the department to issue annual permits for the movement of foreign commercial vehicles on Texas highways and 72 and 144-hour temporary permits for the movement of commercial vehicles owned by residents of the United States, Mexico, or Canada. sec.17.23. Temporary Registration Permits. (a) Purpose and scope. Transportation Code, Chapter 502, Subchapter G, charges the department with the responsibility of issuing temporary registration permits which shall be recognized as legal registration for the movement of motor vehicles not authorized to travel on Texas public highways for lack of registration or for lack of reciprocity with the state or country in which the vehicles are registered. In order for the department to efficiently and effectively perform these duties, this section prescribes the policies and procedures for the application and the issuance of temporary registration permits. (b) Permit categories. The department will issue the following categories of temporary registration permits. (1) Additional weight permits. The owner of a truck, truck tractor, trailer, or semitrailer may purchase temporary additional weight permits for the purpose of transporting the owner's own seasonal agricultural products to market or other points for sale or processing in accordance with Transportation Code, sec.502.351. In addition, such vehicles may be used for the transportation without charge of seasonal laborers from their place of residence, and materials, tools, equipment, and supplies from the place of purchase or storage, to a farm or ranch exclusively for use on such farm or ranch. (A) Additional weight permits are valid for a limited period of less than one year. (B) An additional weight permit will not be issued for a period of less than one month or extend beyond the expiration of a license plate issued under Transportation Code, Chapter 502. (C) The statutory fee for an additional weight permit is based on a percentage of the difference between the owner's regular annual registration fee and the annual fee for the desired tonnage computed as follows: (i) one-month (or 30 consecutive days)-10% (ii) one-quarter (three consecutive months)-30% (iii) two-quarters (six consecutive months)-60% (iv) three-quarters (nine consecutive months)-90% (D) Additional weight permits are issued for calendar quarters with the first quarter to begin on April 1st of each year. (E) A permit will not be issued unless the registration fee for hauling the larger tonnage has been paid prior to the actual hauling. (F) Additional weight permits may not be issued to farm licensed trailers or semitrailers. (2) Annual permits. (A) 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: (i) for a 12-month period designated by the department which begins on the first day of a calendar month and expires on the last day of the last calendar month in that annual registration period; and (ii) to each vehicle or combination of vehicles for the registration fee prescribed by weight classification in Transportation Code, s502.162 and sec.502.167. (B) The department will not issue annual permits for the importation of citrus fruit into Texas from a foreign country except for foreign export or processing for foreign export. (C) The following exemptions apply to vehicles displaying annual permits. (i) Registered foreign semitrailers having gross weights in excess of 6,000 pounds used or to be used in combination with truck tractors or commercial motor vehicles with manufacturer's rated carrying capacities in excess of one ton are exempted from the requirement to pay the token fee and display the associated distinguishing license plate provided for in Transportation Code, s502.167. An annual permit is required for the power unit only. (ii) Vehicles registered with annual permits are not subject to the optional county registration fee under Transportation Code, sec.502.172 or the optional registration fee for child safety under Transportation Code, s502.173. (3) 72-hour permits and 144-hour permits. (A) In accordance with Transportation Code, sec.502.352, as amended, the department will issue a permit valid for 72 hours or 144 hours for the movement of commercial motor vehicles, trailers, semitrailers, and motor buses owned by residents of the United States, Mexico, or Canada. (B) A 72-hour permit or a 144-hour permit is valid for the period of time stated on the permit beginning with the effective day and time as shown on the permit registration receipt. (C) Vehicles displaying 72-hour permits or 144-hour permits are subject to vehicle safety inspection in accordance with Transportation Code, sec.548.051, except for: (i) vehicles currently registered in another state of the United States, Mexico, or Canada; and (ii) mobile drilling and servicing equipment used in the production of gas, crude petroleum, or oil, including, but not limited to, mobile cranes and hoisting equipment, mobile lift equipment, forklifts, and tugs. (D) The department will not issue a 72-hour permit or a 144-hour permit to a commercial motor vehicle, trailer, semitrailer, or motor bus apprehended for violation of Texas registration laws. Apprehended vehicles must be registered under Transportation Code, Chapter 502. (4) Temporary agricultural permits. (A) Transportation Code, sec.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: (i) from the place of production to market, storage, or railhead not more than 75 miles distant from the place of production; or (ii) to be used in the movement of machinery used to harvest Texas-produced agricultural products. (B) The department will issue a 30-day temporary nonresident registration permit to a nonresident for any truck, truck tractor, trailer, or semitrailer used to move or harvest farm products, produced outside of Texas, but: (i) marketed or processed in Texas; or (ii) moved to points in Texas for shipment from the point of entry into Texas to market, storage, processing plant, railhead or seaport not more than 80 miles distant from such point of entry into Texas. (C) The statutory fee for temporary agricultural permits is one-twelfth of the annual Texas registration fee prescribed for the vehicle for which the permit is issued. (D) The department will issue a temporary agricultural permit only when the vehicle is legally registered in the nonresident's home state or country for the current registration year. (E) The number of temporary agricultural permits is limited to three permits per nonresident owner during any one vehicle registration year. (F) Temporary agricultural permits may not be issued to farm licensed trailers or semi-trailers. (5) One-trip permits. Transportation Code, sec.502.354, authorizes the department to temporarily register any unladen vehicle upon application to provide for the movement of the vehicle for one trip, when the vehicle is subject to Texas registration and not authorized to travel on the public roadways for lack of registration or lack of registration reciprocity. (A) Upon receipt of the $5.00 fee, registration will be valid for one trip only between the points of origin and destination and intermediate points as may be set forth in the application and registration receipt. (B) The department will issue a one-trip permit to a bus which is not covered by a reciprocity agreement with the state or country in which it is registered to allow for the transit of the vehicle only. The vehicle should not be used for the transportation of any passenger or property, for compensation or otherwise, unless such bus is operating under charter from another state or country. (C) A one-trip permit is valid for a period up to 15 days from the effective date of registration. (D) A one-trip permit may not be issued for a trip which both originates and terminates outside Texas. (E) A laden motor vehicle or a laden commercial vehicle cannot display a one- trip permit. If the vehicle is unregistered, it must operate with a 72-hour or 144-hour permit. (6) 30-day temporary registration permits. Transportation Code, sec.502.354, authorizes the department to issue a temporary registration permit valid for 30 days for a $25 fee. A vehicle operated on a 30-day temporary permit is not restricted to a specific route. The permit is available for: (A) passenger vehicles; (B) motorcycles; (C) private buses; (D) trailers and semitrailers with a gross weight not exceeding 10,000 pounds; (E) light commercial vehicles not exceeding a manufacturer's rated carrying capacity of one ton; and, (F) a commercial vehicle exceeding one ton, provided the vehicle is operated unladen. (c) Application process. (1) Procedure. An owner who wishes to apply for a temporary registration permit for a vehicle which is otherwise required to be registered in accordance with sec.17.22 of this title (relating to Motor Vehicle Registration) , must do so on a form prescribed by the director. (2) Form requirements. The application form will at a minimum require: (A) the signature of the owner; (B) the name and complete address of the applicant; and (C) the vehicle description. (3) Fees and documentation. The application must be accompanied by: (A) statutorily prescribed fees; (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 Section 18.2 of this title (relating to Definitions), in the form of a registration listing or an international stamp indicating that the vehicle is registered in compliance with Chapter 18, Subchapter B of this title; and (C) any other documents or fees required by law. (4) Place of application. (A) All applications for annual permits must be submitted directly to the department for processing and issuance. (B) Additional weight permits and temporary agricultural permits may be obtained by making application with the department through the county tax assessor-collectors' offices. (C) 72-hour and 144-hour permits, one-trip permits, and 30-day temporary registration permits may be obtained by making application either with the department or the county tax assessor-collectors' offices. (d) Display of registration insignia. The department will issue a specially designed cardboard tag or windshield validation sticker, upon receipt of a complete application for a permit. (1) Cardboard tags shall be displayed in a manner that is clearly visible and legible when viewed from outside of the vehicle. The tag shall be attached to or displayed in the vehicle to allow ready inspection. (2) Windshield validation stickers shall be displayed on the inside of the front windshield in the lower left corner. (3) A receipt will be issued for each registration insignia as evidence of registration to be carried in the vehicle during the time the permit is valid. If the receipt is lost or destroyed, the owner must obtain a duplicate from the department or from the county office who issued the original receipt. The fee for the duplicate receipt is the same as the fee required by Transportation Code, sec.502.179. (e) Transfer of temporary registration permits. (1) Temporary registration permits are non-transferable between vehicles and/or owners. (2) If the owner of a vehicle displaying a temporary registration permit disposes of the vehicle during the time the permit is valid, the permit must be returned to the department immediately. (f) Replacement permits. Vehicle owners displaying annual permits may obtain replacement permits if an annual permit is lost, stolen, or mutilated. (1) The fee for a replacement annual permit is the same as for a replacement number plate, symbol, tab, or other device as provided by Transportation Code, sec.502.184, as amended. (2) The owner shall apply directly to the department in writing for the issuance of a replacement annual permit. Such request should include a copy of the registration receipt and replacement fee. (g) Agreements with other jurisdictions. In accordance with Transportation Code, sec.502.054, 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: (1) the approval of the governor; and (2) making a determination that the economic benefits to the state outweigh all other factors considered. Issued in Austin, Texas, on December 1, 1995. TRD-9515589 Robert E. Shaddock General Counsel Texas Transportation Effective date: December 1, 1995 Expiration date: December 30, 1995 For further information, please call: (512) 463-8630 Chapter 18. Motor Carriers Subchapter B. Motor Carrier Registration 43 TAC sec.18.18 The Texas Department of Transportation adopts on an emergency basis a change to new existing sec.18.18, concerning temporary registration of an international motor carrier. Texas Civil Statutes, Article 6675c, sec.3(j), authorize the department to provide for the temporary registration of an international motor carrier that provides the same proof of insurance as is required for a domestic motor carrier. Pursuant to that statute the commission previously adopted on an emergency basis new sec.18.18, effective September 1, 1995, which in subsections (d) and (e) provides that the temporary registration of international motor carriers will cease on December 18, 1995. The emergency new section deletes subsections (d) and (e), thereby allowing for the continuance of the department's temporary international registration program beyond December 18, 1995. The adoption on an emergency basis is necessary to serve the economic needs and welfare of the border regions and the state as a whole so that the economy is not seriously adversely affected, to provide for the effective registration of international motor carriers, and to protect the public safety. The new section is adopted on an emergency basis under the Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 6675, s3(j), as amended, which authorize the department to provide for the temporary registration of international motor carriers that provide the same proof of insurance as is required for a domestic motor carrier. sec.18.18. Temporary Registration of International Motor Carriers. (a) Registration. In lieu of registering under sec.18.13 of this title (relating to Application for Motor Carrier Registration), an international motor carrier may apply for temporary registration in accordance with the provisions of this section. (b) Application and issuance of registration stamp. (1) Place of application. An international motor carrier may apply to an insurance agent for international temporary registration. (2) Issuance. The insurance agent shall issue temporary registration upon the international motor carrier: (A) providing proof of insurance at or above the levels required by sec.18.16(a) and (b) of this title (relating to Insurance Requirements); and (B) paying a fee of $10 for each commercial motor vehicle or tow truck to be operated in this state. (3) Registration stamp. Upon compliance with paragraph (1) of this subsection, the insurance agent will issue the carrier an international registration stamp which will be valid for one trip of no more than seven days in duration. (4) Use of stamp. The international registration stamp shall be affixed to the temporary insurance policy, and shall be carried in the vehicle at all times. (c) Insurance agents. (1) Purchase of stamps. An insurance agent may obtain international registration stamps from the department upon filing, in a form prescribed by the director, evidence of a master liability policy. The department will assign an identification number to the policy and to all stamps issued under the policy. Stamps may be obtained, in lots of five stamps per lot, either: (A) by purchase, at a cost of $10 per stamp; or (B) by consignment, with monies collected upon the sale of the stamps to be remitted to the department as provided in paragraph (4)(B) of this subsection. (2) Consignment. (A) Qualifications. Only insurance agents who are duly licensed by the Texas Department of Insurance and who maintain evidence of master insurance policies on file with the department may obtain and sell international registration stamps on consignment from the department. (B) Surety bond. An insurance agent selling international registration stamps on consignment shall file a surety bond, in a form approved by the department, issued by a corporate surety authorized to do business in this state. The bond shall ensure the return of all unused stamps, and shall ensure full timely remittance of monies collected on the sale of stamps. The amount of the bond shall be at least two times the total value of stamps held on consignment at any given time. Written notice of renewal of a bond shall be given to the department before international registration stamps may be taken on consignment from the department. (3) Recordkeeping. (A) For each international registration stamp sold by an insurance agent, the agent shall record, on a form approved by the director: (i) the name of the motor carrier to whom the stamp is issued; (ii) the vehicle identification number, and the year, make, and license number of the vehicle for which the stamp is issued; (iii) the date of sale; (iv) the port of entry; (v) the trip policy number; and (vi) the effective period of the temporary insurance policy. (B) Within 30 days of the sale of a stamp to a carrier, the agent shall submit to the department evidence of the sale, including the information required by subparagraph (A) of this paragraph. (4) Fees. (A) Charge. An insurance agent may not charge an international motor carrier more than $10 for each international registration stamp. (B) Sale on consignment. An insurance agent selling international registration stamps on consignment shall remit to the department the fee collected from the sale of a stamp no later than 30 days from the date the stamp is sold. If an insurance agent fails to remit monies to the department by the due date, the department shall discontinue issuing stamps to the agent on consignment, and may seek to enforce payment of the surety bond. No stamp shall be held on consignment for a period exceeding one year from the date of consignment by the department. (5) Design change. In the event of a design change on international stamps, the department shall redeem all unused stamps sold by the department, and shall exchange for new stamps all unused stamps consigned by the department. If a design change occurs, agents holding unused stamps shall send the stamps to the department for refund or exchange within 60 days after the effective date of the design change. Stamps not returned within the 60-day period are void. (d) Enforcement of surety bond. The department will seek to enforce payment of the surety bond for failure to return all unused stamps and for failure to pay for all stamps issued on consignment. Issued in Austin, Texas, on November 30, 1995. TRD-9515494 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: November 30, 1995 Expiration date: December 30, 1995 For further information, please call: (512) 463-8630