HBA-JRA H.B. 89 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 89
By: Gutierrez
Transportation
7/13/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the penalty for a late vehicle registration
was 20 percent of the total amount due regardless of how late the penalty
was paid.  Texas Department of Transportation surveys indicate that an
average of four percent of the vehicles being driven on Texas highways have
invalid vehicle registrations and the average delinquent registration
occurs three to four months after the due date.  H.B. 89 allows a
delinquent registration applicant to register a vehicle without penalty by
providing good reason for delinquent registration. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 1 (Section 502.176, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 502.176, Transportation Code, as follows:

Sec. 502.176.  New title:  DELINQUENT REGISTRATION.  (a)  Makes no change.

(b)  Requires a county assessor-collector that determines that a delinquent
registration applicant has provided evidence acceptable to the
assessor-collector sufficient to establish good reason for delinquent
registration and that the application complies with the other requirements
for registration to register the vehicle for a 12-month period that ends on
the last day of the 11th month after the month in which the registration
occurs.  Provides that the registration period for vehicles registered in
accordance with Sections 502.164 (Motor Vehicle Used Exclusively to
Transport and Spread Fertilizer), 502.167 (Truck-Tractor or Commercial
Motor Vehicle Combination Fee;  Semitrailer Token Fee), 502.203 (Vehicles
Used by Nonprofit Disaster Relief Organizations), 502.255 (Congressional
Medal of Honor Recipients), 502.267 (Honorary Consuls), 502.277 (Cotton
Vehicles), 502.278 (Certain Soil Conservation Equipment), 502.293 (County
Judges), 502.295 (State Officials), Transportation Code, ends on the annual
registration date and that the registration fees are prorated. 

(c)  Requires a county assessor-collector that determines that a delinquent
registration applicant has not provided evidence acceptable to the
assessor-collector sufficient to establish good reason for delinquent
registration but that the application complies with the other requirements
for registration to register the vehicle for a 12-month period without
changing the initial month of registration. 

(d)  Authorizes a person who has been arrested or received a citation for a
violation of Section 502.402 (Operation of Unregistered Motor Vehicle) to
register the vehicle being operated at the time of the offense with the
county assessor-collector for a 12-month period without change to the
initial month of registration only if the person meets the other
requirements for registration and pays an additional charge equal to 20
percent of the prescribed fee. 

 (e)  Requires the county assessor-collector to adopt a list of evidentiary
items sufficient to establish good reason for delinquent registration under
Subsection (b) and provide for the forms of evidence that may be used to
establish good reason.  Provides that the list of evidentiary items adopted
under this section must allow for delinquent registration under Subsection
(b) because of extensive repairs on the vehicle, the absence of the owner
of the vehicle from this country, seasonal use of the vehicle, or any other
reason determined by the assessor-collector to be a valid explanation for
the delinquent registration. 

(f)  Requires the Texas Department of Transportation (TxDOT) to adopt
procedures by rule to implement this section in connection with the
delinquent registration of a vehicle registered directly with TxDOT. 

SECTION 2.  Repealer:  Section 502.158(f) (providing for a statement that a
vehicle has not been operated on a public highway to accompany an
application for registration of a vehicle filed more than a month after
expiration), Transportation Code. 

SECTION 3.  Effective date: September 1, 1999.
Provides that this Act applies to any motor vehicle for which the
registration fee is delinquent regardless of when the fee originally became
delinquent. 

SECTION 4.  Emergency clause.