Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,875
7779-8116 p. ; 28 cm.View a full description of this periodical.
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Filed with the Office of the Secretary of State on December 9,
2019.
TRD-201904664
Tracey Beaver
General Counsel
Texas Department of Motor Vehicles
Earliest possible date of adoption: January 19, 2020
For further information, please call: (512) 465-5665
SUBCHAPTER L. ASSEMBLED VEHICLES
43 TAC 217.401 - 217.407
STATUTORY AUTHORITY. The department proposes new
217.401 - 217.407 under Occupations Code 2301.155 and
2302.051; and Transportation Code 501.0041, 502.0021,
731.002, 731.051, 731.052, 731.101, and 1002.001.
Occupations Code 2301.155 authorizes the board of the Texas
Department of Motor Vehicles to adopt rules as necessary or
convenient to administer this chapter and to govern practice and
procedure before the board.
Occupations Code 2302.051 authorizes the board to adopt
rules as necessary to administer this chapter.
Transportation Code 501.0041 authorizes the department to
adopt rules to administer Chapter 501.
Transportation Code 502.0021 authorizes the department to
adopt rules to administer Chapter 502.
Transportation Code 731.002 authorizes the board to adopt
rules as necessary to implement and administer Transportation
Code Chapter 731.
Transportation Code 731.051 authorizes the board to adopt
rules under Transportation Code Chapter 731 for owners to ap-
ply for a title and register as provided by Chapters 501 and 502,
as applicable, regardless of whether the assembled vehicle was
built or assembled using a vehicle that was previously titled in
this state or another jurisdiction.
Transportation Code 731.052 requires the board to adopt rules
establishing procedures and requirements for: (1) issuance of a
title for an assembled vehicle; and (2) registration of an assem-
bled vehicle. Rules adopted under this section may not exclude
a type of assembled vehicle, other than an assembled vehicle
described by Section 731.051(b), from eligibility for title and reg-
istration; must establish the form of a title issued for an assem-
bled vehicle; and must exempt an assembled vehicle or a type
of assembled vehicle from any provision of Chapter 501 or 502
that an assembled vehicle or type of assembled vehicle, by its
nature, cannot comply with or otherwise meet the requirements
of.
Transportation Code 731.101 requires the board to adopt rules
establishing procedures and requirements for the inspection re-
quired by Transportation Code 731.101. Rules adopted under
Transportation Code 731.101: (1) must establish inspection cri-
teria; (2) may specify additional items of equipment that must
be inspected by a master technician and may specify different
items of equipment that must be inspected based on the type of
assembled vehicle; and (3) must require an owner of an assem-
bled vehicle that is being inspected under this section to pay all
fees required for the inspection, including any reinspection, inaddition to all applicable fees required under Chapter 548 for an
inspection or reinspection conducted under that chapter.
Transportation Code 1002.001 authorizes the board to adopt
rules that are necessary and appropriate to implement the pow-
ers and the duties of the department.
CROSS REFERENCE TO STATUTE. Occupations Code
2301.0045 and 2302.009; and Transportation Code
501.003, 501.032, 501.033, 501.052, 501.053, 503.013,
731.051 - 731.054, 731.101, and 731.102.
217.401. Purpose and Scope.
(a) Transportation Code Chapter 731, charges the department
with the responsibility of establishing procedures and requirements for
issuance of title and registration for an assembled vehicle. For the de-
partment to efficiently and effectively issue motor vehicle titles, main-
tain records, and collect the applicable fees, this subchapter prescribes
the policies and procedures for the application for and issuance of mo-
tor vehicle titles to assembled vehicles.
(b) For purposes of this subchapter, a glider kit issued a title
with a "RECONSTRUCTED" remark is a replica.
217.402. Definitions.
(a) The definitions in Transportation Code 731.001, apply to
this subchapter.
(b) The following words and terms, when used in this subchap-
ter, shall have the following meanings, unless the context clearly indi-
cates otherwise:
(1) Applicant--a person applying for title to an assembled
vehicle who:
(A) is a hobbyist;
(B) is the owner of an assembled vehicle that has not
been previously titled as an assembled vehicle; or
(C) purchased an assembled vehicle constructed and
designated by the manufacturer as a replica, custom vehicle, street
rod, or glider kit.
(2) Basic component part--the motor, body, and frame of an
assembled vehicle, as applicable to the type of assembled vehicle. This
term is a subset of "major component part" as defined in Transportation
Code 501.091, but the term "basic component part" is not applicable
in determining whether a vehicle qualifies as a custom vehicle or street
rod under Transportation Code 504.501(f), which is the purpose of the
term "major component part."
(3) Continuous sale--is offering for sale or the sale of five
or more assembled vehicles of the same type in a calendar year when
such vehicles are not owned and titled in the name of the owner.
(4) Manufacturer--is a person that builds an assembled ve-
hicle and is not a hobbyist, has the meaning as defined in Occupations
Code 2301.002, and is subject to the requirements of that chapter ap-
plicable to manufacturers, including sale through a franchise dealer net-
work.
(5) Personal use--is the construction of an assembled vehi-
cle by a hobbyist for use by the hobbyist.
217.403. Assembled Vehicle Titles.
(a) An applicant must apply for initial title in the applicant's
name as provided by Transportation Code Chapter 731, and this sub-
chapter in order to register an assembled vehicle for operation on a
public roadway or prior to transfer of ownership.PROPOSED RULES December 20, 2019 44 TexReg 7875
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Texas. Secretary of State. Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019, periodical, December 20, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221934/m1/97/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.