I write to express my concerns regarding a bulletin that was issued by your agency on or around November 18, which states it is “effective immediately” and is supposed to “clarify current identification requirements for initial registration and registration renewal of a motor vehicle under Transportation Code, Chapter 502.”
Additionally on November 25, your agency sent out another communication attempting to clarify acceptable identification regarding foreign passports and Department of Homeland Security documentation. I would appreciate it if you could provide me with the legal basis for this bulletin.
As stated in Transportation Code Section, 502.040 under Registration Requirements, “The application must be accompanied by personal identification, as determined by department rule.” To my knowledge, the Texas Legislature did not make any changes to this statute during the regular session, nor has the Texas Department of Motor Vehicles formally introduced a rule modification or taken formal action in this matter.
The Texas Administrative Procedure Act is intended to “provide minimum standards of uniform practice and procedures for state agencies,” and to “provide for public participation in the rule making process.” The changes introduced by this bulletin impact our county tax assessor collectors and thousands of auto dealers across the state. Factors that should be considered include the potential of having unregistered vehicles on the road, ghost titles, and the possibility that it could lead to law enforcement challenges in being able to trace and identify offenders based upon fake registration - all public safety concerns. Implementing these changes requires proper notice to the elected public officials and the impacted business owners, along with any other Texan that may be interested in this matter.
Based on this information, it appears that this bulletin was issued without proper vetting, was too broad in nature, and the agency did not follow the necessary rule-making process. This action undermines the Texas Administrative Procedure Act, and the subsequent clarification issued just seven days later underscores the importance of proper vetting for such changes. The failure to follow the proper process is already creating chaos and will lead to inconsistent implementation across the state.
I look forward to promptly receiving the legal basis for issuing this bulletin, and I strongly encourage you to pause its implementation until it has gone through the proper rule-making process. Please do not hesitate to contact me if you have any questions or need additional information.
Sincerely,
Juan “Chuy” Hinojosa
State Senator, District 20
Editor’s Note: The above letter was sent to Daniel Avitia, executive director of the Texas Department of Motor Vehicles in Austin on Dec. 1. Under a rule change by the agency, Texans are now required to show proof of their legal status in the country before registering a vehicle or renewing it.
