Pub. 61 2020-2021 Issue 4

12 TADA REVIEW OF THE 87TH LEGISLATIVE SESSION CATALYTIC CONVERTER THEFT HB 4110 (Leach/Alvarado) Catalytic Converter Theft Legislation will increase recordkeeping requirements for transactions involving catalytic converters; implement a five-day hold period before catalytic converters may be sold or disposed of by the purchasing metal recycler, and enhance criminal penalties for offenses related to catalytic converter theft. TADA worked closely with Gulf States Toyota to ensure this legislation continued to move through the process. This led to a compromise with the metal recycling council to narrow down the applicability of harsher penalties to just those transactions dealing with catalytic converters. It also makes it clear that state jail felony would only apply to those transactions, and Class A misdemeanor would remain for offenses involving the other metals. HB 4110 was signed into law by Governor Abbott on June 18 and becomes effective Sept. 1. TEMPORARY TAGS HB 3927 (Hefner/Nichols) Temp Tag Issuance Legislation will give TxDMV rulemaking authority to establish the maximum number of temporary tags a dealer or converter may obtain based upon specific metrics outlined to anticipate need and give TxDMV the authority to deny access to the database upon giving notice electronically and by certified mail if fraud is suspected. The final version of this bill is a combination of HB 3927 as initially filed, SB 1816 with TADA’s amended language (see below), and HB 3429 (Vroom). This bill will allow out-of-state buyers of a vehicle that will not be operated on Texas roads to be issued a temporary buyer’s tag without getting a state inspection. The original HB 3927 as filed gave TxDMV the unilateral authority to deny access to the database, but TADA tightened up the language. HB 3927 was signed into law by Governor Abbott on June 15 and becomes effective Sept. 1. SB 1816 (Seliger/E. Thompson) Temp Tag Issuance Legislation, as introduced, would have given TxDMV rulemaking authority to establish the maximum number of temporary tags that a dealer or converter may obtain based upon specific metrics outlined to anticipate need. TADA successfully amended this legislation to ensure the department’s denial of a request to obtain more tags may be overturned if a dealer or converter shows the need for more tags by a preponderance of the evidence. However, the language in the filed version states that the denial (by director/director’s designee’s) of a request for additional tags may not be overturned in the absence of an abuse of discretion. House and Senate Conferees were appointed, but a conference committee report was not adopted due to disagreements about the inclusion of digital license plates (HB 1105) and alternatively fueled vehicle fees (SB 1728). HB 4219 (Raymond) Temp Tag Regulation Legislation, as introduced, would have given TxDMV the authority to suspend a dealer’s license if the director determines that a licensee has fraudulently distributed the buyer’s temp tags. TADA opposed HB 4219. HB 4219 was heard in House Transportation on April 27, but no further action was taken. OPERATION OF VEHICLES HB 3026 (Canales/Alvarado) Autonomous Vehicles Legislation will exempt a dedicated autonomous vehicle from mirrors, windshield wipers, federal light and reflective standards, and a muffler unless equipped with an internal combustion engine. TADA was able to amend the legislation to clarify that the intent is that the “exclusive regulation” outlined in this bill is limited to only the operation of automated vehicles. HB 3026 was signed into law by Governor Abbott on June 16 and becomes effective Sept. 1.  LEGISLATIVE SESSION — CONTINUED FROM PAGE 11