Motor Vehicles
Summaries
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.
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.
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
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
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
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
Greg Abbott
Motor vehicle accident reports, actual cost of copies|Actual costs|Fees for copies of motor vehicle accident reports,
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
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
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
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
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
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
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
Greg Abbott
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation
Greg Abbott
Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code\r\n
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
Greg Abbott
Recreational vehicle parks as property subject to criminal trespass statute
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
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
Greg Abbott
Vehicle identification numbers not excepted from disclosure by Government Code section 552.130|Vehicle identification numbers
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
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
Greg Abbott
Diesel turbine engine, motor vehicle with, must be equipped with a muffler
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
Greg Abbott
Operation of golf cart in master planned community, public or private beach, or public highway|Master planned community
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)
Dan Morales
Overweight vehicles, Department of Transportation may issue permits for | Department of Transportation may issue permits for overweight vehicles
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
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
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
Dan Morales
Parking fee, state university may charge to students, faculty, and staff, even if disabled
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
Dan Morales
Gasoline service station's authority to verify that driver is disabled before providing full-service at self-service price
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
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
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
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
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
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
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
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
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
John Cornyn
Protest words added to traffic ticket have no effect on ticketed party's obligation to appear in court
John Cornyn
Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation Code
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
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
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
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
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
John Cornyn
Towing company may not provide free services to a parking facility in exchange for a towing contract
Ken Paxton
A depreciation benefit product purchased solely with cash does not fit the definition of a depreciation benefit optional member program in Occupations Code subsection 1304.003(a)(3) and thus is not regulated by chapter 1304.
Ken Paxton
The federal exemption for over-the-road buses does not preempt Texas Transportation Code section 621.101; therefore, over-the-road buses traveling on Texas interstate highways are subject to the tandem axle weight limits in subsection 621.101(a)(2).
Ken Paxton
Whether a particular vehicle qualifies as a vehicle regulated by the Transportation Code would depend on particular facts, which cannot be resolved in the opinion process.
Ken Paxton
Driver’s license requirement to operate golf carts on public road
Ken Paxton
A deputy sheriff from Aransas County may not operate a fixed commercial vehicle weigh station directing all commercial vehicles to exit a highway to be weighed.