43 Tex. Admin. Code § 217.22
Motor Vehicle Registration
Effective Nov 30, 201035 TexReg 10514Source Note: The provisions of this §217.22 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective July 6, 2010, 35 TexReg 5903; amended to be effective November 30, 2010, 35 TexReg 10514.Texas Secretary of State
- (a) Registration. Unless otherwise exempted by law or this chapter, a vehicle to be used on the public highways of this state must be registered in accordance with Transportation Code, Chapter 502 and the provisions of this section. Transportation Code, Chapter 501, Subchapter E and Subchapter D of this chapter (relating to Non-repairable and Salvage Motor Vehicles) prohibit registration of a vehicle whose owner has been issued a salvage or nonrepairable vehicle title. These vehicles may not be operated on a public roadway.
(b) Initial application for vehicle registration.
(1) An applicant for initial vehicle registration must file an application on a form prescribed by the department. The form will at a minimum require:
- (A) the signature of the owner;
- (B) the motor vehicle description, including, but not limited to, the motor vehicle's year, make, model, vehicle identification number, body style, manufacturer's rated carrying capacity in tons for commercial motor vehicles, and empty weight;
- (C) the license plate number;
- (D) the odometer reading, or the word "exempt" if the motor vehicle is exempt from federal and state odometer disclosure requirements;
- (E) the name and complete address of the applicant; and
- (F) the name, mailing address, and date of any liens.
(2) The application must be accompanied by the following documents:
- (A) evidence of vehicle ownership as specified in Transportation Code, §501.030, unless the vehicle has been issued a nonrepairable or salvage vehicle title in accordance with Transportation Code, Chapter 501, Subchapter E;
- (B) registration fees prescribed by law;
- (C) any local fees or other fees prescribed by law and collected in conjunction with registering a vehicle;
- (D) evidence of financial responsibility required by Transportation Code, §502.153, unless otherwise exempted by law; and
- (E) any other documents or fees required by law.
- (3) An initial application for registration must be filed with the tax assessor-collector of the county in which the owner resides, except that an application for registration as a prerequisite to filing an application for certificate of title may also be filed with the county tax assessor-collector in the county in which the motor vehicle is purchased or encumbered.
(4) The recorded owner of a vehicle that was last registered or titled in another jurisdiction and is subject to registration in this state may apply for registration if the owner cannot or does not wish to relinquish the negotiable out-of-state evidence of ownership to obtain a Texas certificate of title. On receipt of a form prescribed by the department and payment of the statutory fee for a title application and any other applicable fees, the department will issue a registration receipt to the applicant.
- (A) Registration receipt. The receipt issued at the time of application may serve as proof of registration and evidences title to a motor vehicle for registration purposes only, but may not be used to transfer any interest or ownership in a motor vehicle or to establish a lien.
(B) Information to be included on the form. The form will include the:
- (i) out-of-state title number, if applicable;
- (ii) out-of-state license plate number, if applicable;
- (iii) state or country that issued the out-of-state title or license plate;
- (iv) lienholder name and address as shown on the out-of-state evidence, if applicable;
- (v) statement that negotiable evidence of ownership is not being surrendered; and
- (vi) signature of the applicant or authorized agent of the applicant.
(C) Accompanying documentation. An application for registration under this paragraph must be supported, at a minimum, by:
- (i) a completed application for registration, as specified in paragraph (1) of this subsection;
- (ii) presentation, but not surrender of, evidence from another jurisdiction demonstrating that legal evidence of ownership has been issued to the applicant as the motor vehicle's owner, such as a validated title or registration verification from the other jurisdiction, a registration receipt, a non-negotiable title, or written verification from the other jurisdiction; and
- (iii) any other documents or fees required by law.
- (D) Assignment. In instances in which the title or registration receipt is assigned to the applicant, an application for registration purposes only will not be processed. The applicant must apply for a certificate of title under Transportation Code, Chapter 501.
(c) Vehicle registration insignia.
(1) On receipt of a complete initial application for registration with the accompanying documents and fees, the department will issue vehicle registration insignia to be displayed on the vehicle for which the registration was issued for the current registration period.
- (A) If the vehicle has a windshield, the symbol, tab, or other device prescribed by and issued by the department shall be attached to the inside lower left corner of the vehicle's front windshield within six inches of the vehicle inspection sticker in a manner that will not obstruct the vision of the driver.
- (B) If the vehicle has no windshield, the symbol, tab, or other device prescribed by and issued by the department shall be attached to the rear license plate, except that registration receipts, retained inside the vehicle, may provide the record of registration for vehicles with permanent trailer plates.
(C) If the vehicle is registered as a former military vehicle as prescribed by Transportation Code, §504.502, the vehicle's registration number shall be displayed instead of displaying a symbol, tab, or license plate.
- (i) Former military vehicle registration numbers shall be displayed on a prominent location on the vehicle in numbers and letters of at least two inches in height.
- (ii) To the extent possible, the location and design of the former military vehicle registration number must conform to the vehicle's original military registration number.
- (2) Unless otherwise prescribed by law, each vehicle registered under this subchapter must display two license plates, one at the front and one at the rear of the vehicle.
(3) In accordance with Transportation Code, §502.052 and §502.180(e), the department will cancel or not issue any license plate containing an alpha-numeric pattern that meets one or more of the following criteria.
- (A) The alpha-numeric pattern conflicts with the department's current or proposed regular license plate numbering system.
(B) The executive director finds that the alpha-numeric pattern may be considered objectionable or misleading, including that the pattern may be viewed as, directly or indirectly:
- (i) indecent (defined as including a reference to a sex act, an excretory function or material, or sexual body parts);
- (ii) a vulgarity (defined as curse words);
- (iii) derogatory (defined as an expression of hate directed toward people or groups that is demeaning to people or groups, or associated with an organization that advocates such expressions);
- (iv) a reference to illegal activities or substances, or implied threats of harm; or
- (v) a misrepresentation of law enforcement or other governmental entities and their titles.
- (C) The alpha-numeric pattern is currently issued to another owner.
- (4) The provisions of paragraph (1) of this subsection do not apply to vehicles registered with annual license plates issued by the department.
(d) Vehicle registration renewal.
- (1) To renew vehicle registration, a vehicle owner must apply, prior to the expiration of the vehicle's registration, to the tax assessor-collector of the county in which the owner resides.
- (2) The department will send a license plate renewal notice, indicating the proper registration fee and the month and year the registration expires, to each vehicle owner prior to the expiration of the vehicle's registration.
(3) The license plate renewal notice should be returned by the vehicle owner to the appropriate county tax assessor-collector or to the tax assessor-collector's deputy, either in person or by mail, unless the vehicle owner renews via the Internet. The renewal notice must be accompanied by the following documents and fees:
- (A) registration renewal fees prescribed by law;
- (B) any local fees or other fees prescribed by law and collected in conjunction with registration renewal; and
- (C) evidence of financial responsibility required by Transportation Code, §502.153, unless otherwise exempted by law.
- (4) If a renewal notice is lost, destroyed, or not received by the vehicle owner, the vehicle may be registered if the owner presents personal identification acceptable to the tax assessor-collector. Failure to receive the notice does not relieve the owner of the responsibility to renew the vehicle's registration.
(5) Renewal of expired vehicle registrations.
- (A) In accordance with Transportation Code, §502.407, a vehicle with an expired registration may not be operated on the highways of the state after the fifth working day after the date a vehicle registration expires.
- (B) A 20 percent delinquency penalty is due when registration is renewed if the owner has been arrested or cited for operating the vehicle without valid registration.
- (C) If the county tax assessor-collector determines that a registrant has a valid reason for being delinquent in registration, the vehicle owner will be required to pay for twelve months' registration. Renewal will establish a new registration expiration month that will end on the last day of the eleventh month following the month of registration renewal.
- (D) If the county tax assessor-collector determines that a registrant does not have a valid reason for being delinquent in registration, the full annual fee will be collected and the vehicle registration expiration month will remain the same.
- (E) If a vehicle is registered in accordance with Transportation Code, §§502.164, 502.167, 502.188, 502.203, 504.315, 504.401, 504.405, 504.411, or 504.505, and if the vehicle's registration is renewed more than one month after expiration of the previous registration, the registration fee will be prorated.
- (F) Any delinquent registration submitted directly to the department for processing will be evaluated to verify the reason for delinquency. If the department determines that a registrant has a valid reason for being delinquent in registration, the vehicle owner will be required to pay for 12 months' registration. Renewal will establish a new registration expiration month that will end on the last day of the 11th month following the month of registration. If the department determines that a registrant does not have a valid reason for being delinquent in registration, the full annual fee will be collected and the vehicle registration expiration month will remain the same. Valid reasons for delinquency include those reasons set forth in Transportation Code, §502.176(e).
(6) Refusal to renew registration for delinquent child support.
- (A) Placement of denial flag. On receipt of a final order issued under Family Code, Chapter 232 for the suspension or nonrenewal of a motor vehicle registration, the department will place a registration denial flag on the motor vehicle record of the child support obligor as reported by the final order.
- (B) Refusal to renew registration. While a motor vehicle record is flagged, the county tax-assessor collector shall refuse to renew the registration of the associated motor vehicle.
- (C) Removal of denial flag. On receipt of an order issued under Family Code, Chapter 232 vacating or staying an order for the suspension or nonrenewal of a motor vehicle registration, the department will remove the registration denial flag from the motor vehicle record.
- (7) License plate reissuance program. The county tax assessor-collectors shall issue new multi-year license plates at no additional charge at the time of registration renewal provided the current plates are over seven years old from the date of issuance, including permanent trailer plates.
(e) Replacement of license plates, symbols, tabs, and other devices.
(1) When a license plate, symbol, tab, or other registration device is lost, stolen, or mutilated, a replacement may be obtained from any county tax assessor-collector upon:
- (A) the payment of the statutory replacement fee prescribed by Transportation Code, §502.184; and
(B) the provision of a signed statement, on a form prescribed by the department, that states:
- (i) the license plate, symbol, tab, or other registration device furnished for the described vehicle has been lost, stolen, or mutilated, and if recovered, will not be used on any other vehicle; and
- (ii) the replaced license plate, symbol, tab, or other device will only be used on the vehicle to which it was issued.
- (2) If the owner remains in possession of any part of the lost, stolen, or mutilated license plate, symbol, tab, or other registration device, that remaining part must be removed and surrendered to the department on issuance of the replacement and request by the county tax assessor-collector.
(f) Out-of-state vehicles. A vehicle brought to Texas from out-of-state must be registered within 30 days of the date on which the owner establishes residence or secures gainful employment, except as provided by Transportation Code, §502.0025. Accompanying a completed application, an applicant must provide:
- (1) an application for certificate of title as required by Transportation Code, Chapter 501, if the vehicle to be registered has not been previously titled in this state; and
- (2) any other documents or fees required by law.
- (g) The owner of an electric personal assistive mobility device, as defined by Transportation Code, §551.201, is not required to register it. The device may only be operated on a residential street, roadway, or public highway in accordance with Transportation Code, §551.202.
(h) A neighborhood electric vehicle, as defined in §217.3(a)(3) of this chapter (relating to Motor Vehicle Certificates of Title):
- (1) is required to be titled in accordance with Transportation Code, §502.152 in order to be registered for operation on public roads;
- (2) may be operated on a residential street, roadway, or public highway in accordance with Transportation Code, §551.303;
- (3) must comply with the evidence of financial responsibility requirements established in Transportation Code, §502.153;
- (4) must meet the definition of a "slow-moving vehicle" and must display a slow-moving-vehicle emblem as described in Transportation Code, §547.001; and
- (5) is subject to all traffic and other laws applicable to motor vehicles.
- (i) Enforcement of traffic warrant. A municipality may enter into a contract with the department under Government Code, Chapter 791 to indicate in the state's motor vehicle records that the owner of the vehicle is a person for whom a warrant of arrest is outstanding for failure to appear or who has failed to pay a fine on a complaint involving a violation of a traffic law. In accordance with Transportation Code, §702.003, a county tax assessor-collector may refuse to register a motor vehicle if such a failure is indicated in the motor vehicle record for that motor vehicle. A municipality is responsible for obtaining the agreement of the county in which the municipality is located to refuse to register motor vehicles for failure to pay civil penalties imposed by the municipality.
- (j) Refusal to register due to traffic signal violation. A local authority, as defined in Transportation Code, §541.002, that operates a traffic signal enforcement program authorized under Transportation Code, Chapter 707 may enter into a contract with the department under Government Code, Chapter 791 to indicate in the state's motor vehicle records that the owner of a motor vehicle has failed to pay the civil penalty for a violation of the local authority's traffic signal enforcement system involving that motor vehicle. In accordance with Transportation Code, §707.017, a county tax assessor-collector may refuse to register a motor vehicle if such a failure is indicated in the motor vehicle record for that motor vehicle. The local authority is responsible for obtaining the agreement of the county in which the local authority is located to refuse to register motor vehicles for failure to pay civil penalties imposed by the local authority.
- (k) Refusal to register vehicle in certain counties. A county may enter into a contract with the department under Government Code, Chapter 791 to indicate in the state's motor vehicle records that the owner of the vehicle has failed to pay a fine, fee, or tax that is past due. In accordance with Transportation Code, §502.185, a county tax assessor-collector may refuse to register a motor vehicle if such a failure is indicated in the motor vehicle record for that motor vehicle.
(l) Record notation. A contract between the department and a county, municipality, or local authority entered into under Transportation Code, §502.185, Transportation Code, §702.003, or Transportation Code, §707.017 will contain the terms set out in this subsection.
- (1) To place or remove a registration denial flag on a vehicle record, the contracting entity must submit a magnetic tape or other acceptable submission medium as determined by the department in a format prescribed by the department.
- (2) The information submitted by the contracting entity will include, at a minimum, the vehicle identification number and the license plate number of the affected vehicle.
- (3) If the contracting entity data submission contains bad or corrupted data, the submission medium will be returned to the contracting entity with no further action by the department.
- (4) The magnetic tape or other submission medium must be submitted to the department from a single source within the contracting entity.
- (5) The submission of a magnetic tape or other submission medium to the department by a contracting entity constitutes a certification by that entity that it has complied with all applicable laws.
Source Note:The provisions of this §217.22 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective July 6, 2010, 35 TexReg 5903; amended to be effective November 30, 2010, 35 TexReg 10514.