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Motor Vehicles

Summaries

KP-0033
Ken Paxton

Transportation Code section 681.0101 - A court would likely conclude that section 681.0101 does not authorize a political subdivision to appoint a private business to enforce the privileged parking provisions of chapter 681 because a private business is not a "person" under section 681.0101|Privileged parking provisions of Transportation Code chapter 681 - A court would likely conclude that a political subdivision is not authorized to contract with a private business to enforce the privileged parking provisions of chapter 681.

KP-0034
Ken Paxton

Impoundment of vehicle - All peace officers of the state may, to protect the public safety and under reasonable circumstances, impound a vehicle when the driver fails to provide evidence of financial responsibility.|Impoundment of vehicle - A home-rule municipality, and likely a general-law municipality, may adopt an ordinance regarding the impoundment of vehicles for the offense of lack of financial responsibility provided that such an ordinance is not in conflict with any statute and conforms to any constitutional constraints.|Impounded Vehicle Release - A court would have a basis to conclude that a municipality may not condition release of a vehicle impounded for lack of evidence of financial responsibility upon presentment of such evidence to a vehicle storage facility.|Impoundment of Vehicles Ordinance - A home-rule municipality, and likely a general-law municipality may adopt an ordinance regarding the impoundment of vehicles for the offense of lack of financial responsibility provided that such an ordinance is not in conflict with any statute and conforms to any constitutional constraints.|Impoundment of Vehicle - A court would have a basis to conclude that a municipality may not condition release of a vehicle impounded for lack of evidence of financial responsibility upon presentment of such evidence to a vehicle storage facility.

GA-0008
Greg Abbott

Rule of Texas Commission on Private Security regulating uniformed motorcycle escort services that perform traffic control and traffic safety functions is not authorized by statute|Uniformed motorcycle escort services that perform traffic control and traffic safety functions, Texas Commission on Private Security regulation of is not authorized by statute|Authority to regulate uniformed motorcycle escort services that perform traffic control and traffic safety functions, Commission does not have

GA-0022
Greg Abbott

Salvage motor vehicles, Department of Public Safety lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation|Salvage motor vehicles, department lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation

GA-0023
Greg Abbott

Trauma facility|Registration fees constitutionally may not be used to fund trauma facilities|Trauma facilities, motor-vehicle-registration fees may not constitutionally be used to fund|Motor-vehicle-registration fees may not be used to fund trauma facilities

GA-0034
Greg Abbott

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

GA-0052
Greg Abbott

Motor vehicle accident reports, actual cost of copies|Actual costs|Fees for copies of motor vehicle accident reports,

GA-0080
Greg Abbott

Traffic rules applicable to county roads, county commissioners court may extend to roads in private subdivision and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles|Private subdivision's roads, commissioners court may amend order extending county traffic rules to|All-terrain vehicles, county commissioners court may extend traffic rules applicable to county roads to roads in private subdivisions and may subsequently amend order to except restrictions otherwise applicable to|Private subdivision, county commissioners court may extend traffic rules applicable to county roads to roads in and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles

GA-0088
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation|Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacement

GA-0158
Greg Abbott

County-owned vehicles, county may not print advertisement for privately owned business on|Advertisement for privately owned business, county may not print on county owned vehicle in exchange for donation from the business or lease of space on the vehicle with the business|Donation

GA-0215
Greg Abbott

Licensed vehicle storage facility, a towing company may not assess a nonconsenting owner or interest holder a towing fee without taking the vehicle to a|Removal of a vehicle, a peace officer may order a nonconsent tow of certain vehicles to a nearby place of safety

GA-0316
Greg Abbott

Magistrate’s probable cause determination in a nonconsent tow hearing conducted in municipal court under chapter 685, Transportation Code is final and no appeal is authorized|Nonconsent tow hearings conducted pursuant to chapter 685, Transportation Code, are not criminal matters

GA-0490
Greg Abbott

Motor vehicles, under section 101.051, Civil Practice and Remedies Code, golf carts are|Golf carts are motor vehicles under section 101.051 of Civil Practice and Remedies Code|Motor vehicles

GA-0493
Greg Abbott

Vehicle storage facility operator may release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative Code|Vehicle storage facility, Department reasonably interprets its rules to permit the operator of to release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative Code

GA-0509
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

GA-0510
Greg Abbott

Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code\r\n

GA-0542
Greg Abbott

Abandoned motor vehicles seized by a county sheriff, statute governing disposition of \r\n|Abandoned vehicles seized by a county sheriff, statute governing disposition of \r\n|Private imaging business, hospital district's authority to house and manage

GA-0606
Greg Abbott

Recreational vehicle parks as property subject to criminal trespass statute

GA-0624
Greg Abbott

Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental Quality|Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Commission

GA-0644
Greg Abbott

Mechanic's lien, an auto repair shop may not assert on a vehicle on which it has performed no repairs|Lien statute is to be liberally construed to protect laborers and material men, yet cannot be construed contrary to the statute's plain language

GA-0673
Greg Abbott

Vehicle identification numbers not excepted from disclosure by Government Code section 552.130|Vehicle identification numbers

GA-0761
Greg Abbott

Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\nJurisdiction to award title or ownership of a vehicle in enforcing a lien under Government Code section 27.031|Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\n|Authority of justice and municipal court to award title or ownership of motor vehicles|Order from a justice or municipal court, under section 501.074(a)(4) of the Transportation Code, the Department may accept and issue a new certificate of title based on an

GA-0801
Greg Abbott

Farm vehicle, owner of a vehicle used to transport birds, rats, mice, hamsters and similar animals for sale to pet shops may not register it as a|Farm vehicle\r\nLivestock\r\nPoultry

GA-0873
Greg Abbott

Diesel turbine engine, motor vehicle with, must be equipped with a muffler

GA-0934
Greg Abbott

All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beach|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle\r\n\r\nAll terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach|All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach

GA-0966
Greg Abbott

Operation of golf cart in master planned community, public or private beach, or public highway|Master planned community

GA-1068
Greg Abbott

Administrative fee, in the absence of statutory authority, a county may not collect, in connection with a deposit of funds made to a county judge under Transportation Code section 601.123|Financial responsibility under Transportation Code section 601.123, an additional deposit of at least $55,000 with the county judge is required to establish, for a second vehicle if financial responsibility for that vehicle has not otherwise been established through an authorized method|Funds received pursuant to Transportation Code section 601.123, in the absence of any other statutory or regulatory guidance, a court could conclude that a county judge may deposit into a separate account in the county depository and use his or her discretion to decide whether that account should be an interest-bearing account|Funds deposited with the county judge under Transportation Code section 601.123, interest earned on belongs to the person making the deposit|Evidence of financial responsibility, the owner of a vehicle may provide for an additional driver only if the other person is employed by the owner or is a member of the owner\\'s immediate family or household pursuant to Transportation Code section 601.054(a)

DM-0028
Dan Morales

Overweight vehicles, Department of Transportation may issue permits for | Department of Transportation may issue permits for overweight vehicles

DM-0241
Dan Morales

Workers' compensation, motor carriers hauling materials to and onto Department construction sites must carry|Motor carriers hauling materials to and onto Texas Department of Transportation construction sites must carry workers' compensation|Workers' compensation, motor carriers hauling materials to and onto Texas Department of Transportation construction sites must carry

DM-0261
Dan Morales

Impoundment of out-of-state motor vehicles involved in accidents, procedures Department must follow|Motor vehicles from out of state involved in accidents, constitutionality of impoundment procedures|Impoundment of out-of-state motor vehicles involved in accidents, constitutionality

DM-0330
Dan Morales

Thing of value|Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing company

DM-0345
Dan Morales

Parking fee, state university may charge to students, faculty, and staff, even if disabled

DM-0362
Dan Morales

School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)|National Traffic and Motor Vehicle Act provisions regarding safety standards for school buses do not apply to purchasers, lessees, renters, or users of motor vehicles used to transport students (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)|Personal vehicles, special licensing requirements and school bus safety standards may apply if school district requires employees to transport students in (Withdrawn by Letter 9/08/95)|School bus

DM-0365
Dan Morales

Gasoline service station's authority to verify that driver is disabled before providing full-service at self-service price

DM-0378
Dan Morales

School districts, passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for|School bus|Passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for

DM-0414
Dan Morales

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

DM-0445
Dan Morales

Automobile club not authorized to reimburse members for expenses incurred in obtaining automobile-related services|Automobile club may not contract to reimburse members for expenses incurred in obtaining automobile-related services|Nonsubstantive revision must be construed consistent with statutory predecessor|Legislative deletion of item from bill indicates legislative intent to reject proposal

JC-0077
John Cornyn

Architectural improvement|Van access aisle in van-accessible parking space, parking a vehicle so as to obstruct is an offense|Parking space for the disabled, parking a vehicle so as to obstruct van access aisle is an offense

JC-0135
John Cornyn

Motor vehicle inventory tax escrow accounts, interest is sole property of assessor-collector; may be spent on prospective salary supplements if legitimate cost of administration|Motor vehicle inventory tax escrow accounts, county auditor must audit|Inventory tax escrow accounts, interest on is sole property of tax assessor-collector; must be audited by county auditor

JC-0250
John Cornyn

Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation Code|Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a of

JC-0251
John Cornyn

Parking spaces for vehicles used by disabled persons, law assigning half of such spaces for the exclusive use of vehicles used by persons with permanent mobility disabilities and remaining spaces to vehicles used by persons with any disability does not re

JC-0258
John Cornyn

Motorcyclist without helmet, peace officer may stop if motorcyclist is not displaying sticker issued pursuant to section 661.003(d) of Transportation Code

JC-0273
John Cornyn

Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collection|Collection of property taxes by appraisal district or other taxing unit rather than assessor-collector, interlocal contract for must include collection of motor vehicle inventory tax|Interlocal contract for collection of property taxes by appraisal district or other taxing unit rather than assessor-collector must include collection of motor vehicle inventory tax|Motor vehicle inventory tax prepayments, receipt of by collector constitutes collection of taxes|Exemption of assessor-collector from registration requirements of Board of Tax Professional Examiners, statutory scheme for precludes assessor-collector from engaging in property tax collection

JC-0317
John Cornyn

Protest words added to traffic ticket have no effect on ticketed party's obligation to appear in court

JC-0343
John Cornyn

Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation Code

JC-0348
John Cornyn

Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but such use is subject to constitutional limitations and to review by county auditor|Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but must determine that such use serves a public purpose

JC-0416
John Cornyn

Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes|Dirt bike under chapter 662 of the Transportation Code, an off-road "dirt bike" is a self-propelled "motor vehicle" but cannot be classified as a motorcycle|Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes

JC-0481
John Cornyn

Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in|Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar|Tow trucks performing nonconsensual tows, Harris County may regulate lighting equipment for|Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in

JC-0501
John Cornyn

Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislat|State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution

JC-0517
John Cornyn

Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operate|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate|May

JC-0554
John Cornyn

Towing company may not provide free services to a parking facility in exchange for a towing contract