43 Tex. Admin. Code § 217.22
Motor Vehicle Registration
Effective Apr 14, 201338 TexReg 2231Source 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; amended to be effective May 6, 2012, 37 TexReg 3185; amended to be effective September 2, 2012, 37 TexReg 6687; amended to be effective April 14, 2013, 38 TexReg 2231.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 prohibits 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, carrying capacity 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, §502.046, 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:
- (A) an application for registration as a prerequisite to filing an application for title may also be filed with the county tax assessor-collector in the county in which the motor vehicle is purchased or encumbered; or
- (B) if a county has been declared a disaster area, the resident may apply at the closest unaffected county if the affected county tax assessor-collector estimates the county offices will be inoperable for a protracted period.
(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 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, a registration receipt that is not more than six months past the date of expiration, 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 title under Transportation Code, Chapter 501.
(E) Identification required through August 31, 2013.
- (i) An application for initial registration is not acceptable unless the applicant presents a government-issued current photo identification of the owner containing a unique identification number, expiration date, and birth date. The identification document may also be a document listed in subparagraph (F)(i) of this paragraph.
- (ii) The requirements of subparagraph (F)(ii) - (vi) apply to this subparagraph.
(F) Identification required on or after September 1, 2013.
(i) An application for initial registration is not acceptable unless the applicant presents a current photo identification of the owner containing a unique identification number and expiration date. The identification document must be a:
- (I) driver's license or state identification certificate issued by a state or territory of the United States;
- (II) United States or foreign passport;
- (III) United States military identification card;
- (IV) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or
- (V) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.
(ii) If the motor vehicle is titled in:
- (I) more than one name, then the identification for one owner must be presented;
- (II) the name of a leasing company, then the identification of the lessee or lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented;
- (III) the name of a trust, then the identification of a trustee must be presented; or
- (IV) the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant.
(iii) If a power of attorney is being used to apply for a certified copy of title, then the applicant must show:
- (I) identification matching the person or employee of the entity named as power of attorney;
- (II) a business card or authorization written on the letterhead of an entity named as power of attorney that matches the identification of the employee; and
- (III) identification of the owner.
- (iv) Within this subparagraph, "current" is defined as not to exceed 12 months of expiration date.
- (v) A person who holds a general distinguishing number issued under Chapter 503 of the Transportation Code or Chapter 2301, Occupations Code, is not required to submit the owner's identification to the county tax assessor-collector, but must retain a copy of the owner's current photo identification in the purchase and sales records as required under §215.144 of this title (relating to Records of Sales and Inventory).
- (vi) This paragraph does not apply to non-titled vehicles.
(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:
- (A) must display two license plates, one at the exterior front and one at the exterior rear of the vehicle that are securely fastened at the exterior front and rear of the vehicle in a horizontal position of not less than 12 inches from the ground, measuring from the bottom, except that a vehicle described by Transportation Code, §621.2061 may place the rear plate so that it is clearly visible; or
- (B) must display one plate that is securely fastened at or as close as practical to the exterior rear of the vehicle in a position not less than 12 inches from the ground, measuring from the bottom if the vehicle is a road tractor, motorcycle, trailer or semitrailer.
(3) Each vehicle registered under this subchapter must display license plates:
- (A) assigned by the department for the period; or
- (B) validated by a registration insignia issued by the department that establishes that the vehicle is registered for the period.
(4) 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.
- (5) 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, §502.046, 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 county 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) If the owner has been arrested or cited for operating the vehicle without valid registration then a 20 percent delinquency penalty is due when registration is renewed, the full annual fee will be collected, and the vehicle registration expiration month will remain the same.
- (C) If the county tax assessor-collector or the department 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 or 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.
- (E) If a vehicle is registered in accordance with Transportation Code, §§502.255, 502.431, 502.435, 502.454, 504.315, 504.401, 504.405, 504.505, or 504.515 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) Evidence of a valid reason may include receipts, passport dates, and military orders. Valid reasons may include:
- (i) extensive repairs on the vehicle;
- (ii) the person was out of the country;
- (iii) the vehicle is used only for seasonal use;
- (iv) military orders;
- (v) storage of the vehicle;
- (vi) a medical condition such as an extended hospital stay; and
- (vii) any other reason submitted with evidence that the county tax assessor-collector or the department determines is valid.
(6) Refusal to renew registration for delinquent child support.
- (A) Placement of denial flag. On receipt of a notice 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 child support agency.
- (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. The department will remove the registration denial flag on receipt of a removal notice issued by a child support agency under Family Code, Chapter 232.
- (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, §502.060 or §504.007; 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) Farm vehicles. An applicant must provide a properly completed application for farm plates. The application must be accompanied by a copy of the applicant's Texas Agriculture or Timber Registration card issued by the Texas Comptroller of Public Accounts. The card must:
- (1) be legible;
- (2) be current;
- (3) contain a registration number; and
- (4) be in the name of the person or dba in which the vehicle will be registered issued pursuant to Transportation Code, §502.146.
(g) 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, §502.090. Accompanying a completed application, an applicant must provide:
- (1) an application for 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.
- (h) 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.
(i) A neighborhood electric vehicle:
- (1) is required to be titled in accordance with Transportation Code, §502.042 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, §502.046;
- (4) must display a "slow-moving-vehicle emblem" if it meets the definition of a "slow-moving vehicle" as described in Transportation Code, §547.001; and
- (5) is subject to all traffic and other laws applicable to motor vehicles.
- (j) 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.
- (k) 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.
- (l) 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, §502.010, 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.
(m) Record notation. A contract between the department and a county, municipality, or local authority entered into under Transportation Code, §502.010, 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.
(n) Fees.
- (1) The department and the county will charge required fees, and only those fees provided by statute or rule.
- (2) A $2 fee for a duplicate registration receipt will be charged if a receipt is printed for the customer.
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; amended to be effective May 6, 2012, 37 TexReg 3185; amended to be effective September 2, 2012, 37 TexReg 6687; amended to be effective April 14, 2013, 38 TexReg 2231.