43 Tex. Admin. Code § 217.40

Current through Reg. 49, No. 45; November 8, 2024
Section 217.40 - [Effective 7/1/2025] Special Registrations
(a) Purpose and scope. Transportation Code, Chapter 502, Subchapters C and I, charge the department with the responsibility of issuing special registration permits and special registration license plates, 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. For the department to efficiently and effectively perform these duties, this section prescribes the policies and procedures for the application and the issuance of special registration permits and special registration license plates.
(b) Permit categories. The department will issue the following categories of special registration permits.
(1) Additional weight permits in accordance with Transportation Code, §502.434.
(A) A permit will not be issued unless the registration fee for hauling the additional weight has been paid prior to the actual hauling.
(B) An applicant must provide proof of the applicant's Texas Agriculture or Timber Exemption Registration Number issued by the Texas Comptroller of Public Accounts. Proof of the registration number must be:
(i) legible;
(ii) current;
(iii) in the name of the person or dba in which the vehicle is or will be registered; and
(iv) verifiable through the online system established by the Comptroller.
(2) Annual permits in accordance with Transportation Code, §502.093.
(A) 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, §502.253 and §502.255.
(B) The following exemptions apply to vehicles displaying annual permits.

Currently registered foreign semitrailers having a gross weight in excess of 6,000 pounds used or to be used in combination with commercial motor vehicles or truck tractors having a gross vehicle weight in excess of 10,000 pounds are exempted from the requirements to pay the token fee and display the associated distinguishing license plate provided for in Transportation Code, §502.255. An annual permit is required for the power unit only. For vehicles registered in combination, the combined gross weight may not be less than 18,000 pounds.

(C) Upon approval of an application, the department will issue one license plate for a trailer, semitrailer, or foreign commercial motor vehicle as defined in Transportation Code, §648.001(4). The license plate issued to a truck-tractor shall be installed on the front of the truck-tractor. For other types of vehicles, the license plate issued shall displayed as required by § 217.27(b) of this title (relating to Vehicle Registration Insignia).
(3) 72-hour permits and 144-hour permits in accordance with Transportation Code, §502.094.
(c) License plate categories. The department will issue the following categories of special registration license plates.
(1) One-trip license plates in accordance with Transportation Code, §502.095.
(A) A one-trip license plate may not be issued for a trip which both originates and terminates outside Texas.
(B) A laden motor vehicle or a laden commercial vehicle cannot display a one-trip license plate. If the vehicle is unregistered, it must operate with a 72-hour or 144-hour permit.
(C) A one-trip license plate must be displayed as required by § 217.27(b) of this title (relating to Vehicle Registration Insignia).
(2) 30-day license plates in accordance with Transportation Code, §502.095.
(A) A vehicle operated on a 30-day license plate is not restricted to a specific route. The 30-day license plate is available for:
(i) passenger vehicles;
(ii) private buses;
(iii) trailers and semitrailers with a gross weight not exceeding 10,000 pounds;
(iv) light commercial vehicles not exceeding a gross weight of 10,000 pounds; and
(v) a commercial vehicle exceeding 10,000 pounds, provided the vehicle is operated unladen.
(B) A 30-day license plate must be displayed as required by § 217.27(b) of this title (relating to Vehicle Registration Insignia).
(d) Application process.
(1) Procedure. An owner who wishes to apply for a special registration permit or special registration license plate for a vehicle which is otherwise required to be registered in accordance with this subchapter, must do so on a form prescribed by the department.
(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 B, 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 § 218.2 of this title (relating to Definitions), indicating that the vehicle is registered in compliance with Chapter 218, Subchapter B of this title (relating to Motor Carrier Registration); 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 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 license plates, and 30-day license plates may be obtained by making application either with the department or the county tax assessor-collectors' offices.
(e) Receipt for special registration permit or special registration license plate in lieu of registration. A receipt will be issued for each special registration permit or special registration license plate in lieu of registration to be carried in the vehicle during the time the special registration permit or special registration license plate is valid. If the receipt is lost or destroyed, the owner must obtain a duplicate from the department or from the county office. The fee for the duplicate receipt is the same as the fee required by Transportation Code, §502.058.
(f) Transfer of special registration permits or special registration license plates.
(1) Special registration permits and special registration license plates are non-transferable between vehicles and/or owners.
(2) If the owner of a vehicle displaying a special registration permit or a special registration license plate disposes of the vehicle during the time the permit or license plate is valid, the permit or license plate must be returned to the county tax assessor-collector office or department immediately.
(g) 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, §502.060.
(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.
(h) Agreements with other jurisdictions. In accordance with Transportation Code, §502.091, and Chapter 648, 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.
(i) Border commercial zones.
(1) Texas registration required. A vehicle located in a border commercial zone must display a valid Texas registration if the vehicle is owned by a person who:
(A) owns a leasing facility or a leasing terminal located in Texas; and
(B) leases the vehicle to a foreign motor carrier.
(2) Exemption for trips of short duration. Except as provided by paragraph (1) of this subsection, a foreign commercial vehicle operating in accordance with Transportation Code, Chapter 648 is exempt from the display of a temporary registration permit if:
(A) the vehicle is engaged solely in the transportation of cargo across the border into or from a border commercial zone;
(B) for each load of cargo transported the vehicle remains in this state for:
(i) not more than 24 hours; or
(ii) not more than 48 hours, if:
(I) the vehicle is unable to leave this state within 24 hours because of circumstances beyond the control of the motor carrier operating the vehicle; and
(II) all financial responsibility requirements applying to this vehicle are satisfied;
(C) the vehicle is registered and licensed as required by the country in which the person that owns the vehicle is domiciled or is a citizen as evidenced by a valid metal license plate attached to the front or rear exterior of the vehicle; and
(D) the country in which the person who owns the vehicle is domiciled or is a citizen provides a reciprocal exemption for commercial motor vehicles owned by residents of Texas.
(3) Exemption due to reciprocity agreement. Except as provided by paragraph (1) of this subsection, a foreign commercial motor vehicle in a border commercial zone in this state is exempt from the requirement of obtaining a Texas registration if the vehicle is currently registered in another state of the United States or a province of Canada with which this state has a reciprocity agreement that exempts a vehicle that is owned by a resident of this state and that is currently registered in this state from registration in the other state or province.

43 Tex. Admin. Code § 217.40

The provisions of former §217.40 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 August 4, 2011, 36 TexReg 4813; amended to be effective August 9, 2012, 37 TexReg 5816; amended by Texas Register, Volume 39, Number 48, November 28, 2014, TexReg 9371, eff. 12/4/2014; Current version Adopted by Texas Register, Volume 40, Number 10, March 6, 2015, TexReg 1101, eff. 3/12/2015; Amended by Texas Register, Volume 41, Number 32, August 5, 2016, TexReg 5773, eff. 8/8/2016; Amended by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9336, eff. 12/4/2016; Amended by Texas Register, Volume 45, Number 08, February 21, 2020, TexReg 1231, eff. 3/1/2020; Amended by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 9003, eff. 7/1/2025