Texas Administrative Code, Title 43, Part 10, Chapter 217, Subchapter A, Rule 217.3

(6) Not eligible for Title. The following are not eligible for a Texas Title regardless of the vehicles previous title/or registration in this or any jurisdiction.
(A) Vehicles that are missing or stripped of their motor, frame, or body, to the point that it materially alters the manufacturer’s original design or makes the vehicle unsafe for on-road operation as determined by the department.
(B) Vehicles designed or determined by the department to be a Dune Buggy.
Additionally, Transportation Code 502.048 allows the department to refuse registration to any motor vehicle the department determines to be unsafe, improperly equipped, or otherwise unfit to be operated on a [public highway.

Still work to be done…

I am fairly confident that anyone who takes the time to read this, is fairly up to date as to where we are at in the process. But for just in case purposes I will give a quick rundown.

The bill that we worked so hard on, was signed by Governor Abbott on June 14th, 2019 signing HB1755 into law. As exciting as that is we are not finished, and we still have work to do. The fine details have yet to be worked out during the Rule Making Process & we still need to fight for Sandrails. It would be nice if we could tell you when or how that process was going to happen, but we are not sure as of the time this is being written. What we do know is that the rules need to be complete, and the Law goes into effect September 1, 2019.

In the photos you will see that I have signed another contract with our Lobbyist Ron, because I am confident that we need his experience, guidance, as well as contacts to make sure that the Rule Making Process goes as smooth as possible. As of July 1st, 2017 Ron is back on the clock for us and we will need to continue to raise funds to reach our monthly goal of $2500.00 a month. But that will end August 31, 2019. I did send some funds to help catch us up to date seeing as we were behind on payments, but we are still behind. So please donate what you can, when you can. As I have said from the beginning, a little, plus a little, equals a lot!

If you would like to donate please goto PayPal & send a donation to faron@savethetexasdunebuggy.com As a side note, all funds go to help Save the Texas Dune Buggy, Sandrail, & Kitcar.

Thanks in advance,

Faron


Help!

My wife Melissa says that if I don’t get rid of the last of these Save the Texas Dune Buggy, Sandrail, and Kitcar, T-Shirts, Hats, & Stickers she is going to put lumps all over my head!

HELP!!!

Here’s what we have in stock & I do not plan to order more!

T-Shirts $20.00 each
15 – Large
11- X-Large
5 – XX-Large
Black Trucker Hats – $25.00 Each
2 – Black with Lime Green Image
SOLD OUT! – Black with Red Image
And a bunch of Stickers $7.00 each
If you buy a T-Shirt & a Trucker Hat the price is $40.00 & I will put a Sticker in the package!
If you want to buy any of this please donate via PayPal, the account is faron@savethetexasdunebuggy.com
Just make sure that you put the size of T-Shirt or the color of Image you would like on your Black Trucker Hat.
PLEASE Help and know that the ALL the proceeds will go to help fund Save the Texas Dune Buggy, Sandrail, & Kitcar.

Yes, we still need to raise funds. In the beginning we were unable to come up with all the money each month so there is a deficit & we continue to need the Services of the Hired Lobbyist to get us through the Rule Making Process.

Everything must go!!

GREAT NEWS!!!

86(R)1755 & companion bill 86(R)1462 have been scheduled for a hearing in the Senate Transportation Committee Friday May 17th, 2019. The meeting starts at 8:00AM.

TIME & DATE: 8:00 AM, Friday, May 17, 2019

PLACE: E1.016 (Hearing Room)
CHAIR: Senator Robert Nichols

PLEASE STOP MAKING CALLS TO ANYONE IN THE CAPITOL BUILDING!

This is it! Friday will be the very last time that we will be able to do ANYTHING to move our bill down the line in person. I have asked a few people to speak at the hearing, but do not want a huge list of people to do so. If we get repetitive or go on to long we will do far more harm than good!

However, when we attended the House Transportation Meeting it spoke VOLUMES when large group politely stood up and walked out after we were done. So if you are able to attend, PLEASE Make the time to do so, as I said our large group being in attendance had a VERY large impact with the House Transportation Committee!

PLEASE MAKE THE TIME TO JOIN US AT THE CAPITOL BUILDING FRIDAY MAY 17th, 2019 MEETING STARTS AT 8:00 AM.

TIME & DATE: 8:00 AM, Friday, May 17, 2019
PLACE: E1.016 (Hearing Room)
CHAIR: Senator Robert Nichols

May 15th, 2019 about 1:30GREAT NEWS!!!86(R)1755 & companion bill 86(R)1462 have been scheduled for a hearing in the Senate Transportation Committee Friday May 17th, 2019. The meeting starts at 8:00AM. TIME & DATE: 8:00 AM, Friday, May 17, 2019 PLACE: E1.016 (Hearing Room) CHAIR: Senator Robert Nichols PLEASE STOP MAKING CALLS TO ANYONE IN THE CAPITOL BUILDING! This is it! Friday will be the very last time that we will be able to do ANYTHING to move our bill down the line in person. I have asked a few people to speak at the hearing, but do not want a huge list of people to do so. If we get repetitive or go on to long we will do far more harm than good! However, when we attended the House Transportation Meeting it spoke VOLUMES when large group politely stood up and walked out after we were done. So if you are able to attend, PLEASE Make the time to do so, as I said our large group being in attendance had a VERY large impact with the House Transportation Committee! PLEASE MAKE THE TIME TO JOIN US AT THE CAPITOL BUILDING FRIDAY MAY 17th, 2019 MEETING STARTS AT 8:00 AM. TIME & DATE: 8:00 AM, Friday, May 17, 2019 PLACE: E1.016 (Hearing Room) CHAIR: Senator Robert Nichols

Posted by Faron Smith on Wednesday, May 15, 2019

Matt Jackson of the YouTube

Yesterday, I drove to Austin so that Matt Jackson of the YouTube Channel,VW Life could interview me concerning our efforts with Save the Texas Dune Buggy, Sandrail, and Kitcar.

Matt is a really nice guy & I appreciate him wanting to help get the word out!

Yesterday, I drove to Austin so that Matt Jackson of the YouTube Channel,VW Life could interview me concerning our efforts with Save the Texas Dune Buggy, Sandrail, and Kitcar. Matt is a really nice guy & I appreciate him wanting to help get the word out!PLEASE SHARE THIS POST!!!

Posted by Faron Smith on Tuesday, April 30, 2019
https://www.facebook.com/groups/SavetheTexasDuneBuggy

Reach out to Chairman Nichols!

I understand that I am being a bit of a NAG, but it is VERY important that Chairman Nichols hears from a LARGE Number of us. That way he will understand that SB 1462 passing is VERY Important and want to put it on the Schedule for a hearing! He probably will not be around to pick up the phone today, but we can fill his voicemail and his email. Here is what you need to say.

Chairman Nichols, Please consider setting HB 1755 for a hearing. The companion to SB 1462, HB1755 by Ed Thompson adopts and codifies rules to provide for titling, registration, and inspection of certain assembled vehicles. Current DMV rules are unclear and contradictory, causing many Texans to keep vehicles off the road that had been legal for years.

Chairman Nichols https://senate.texas.gov/member.php?d=3&lang=en
(512) 463-0103 (TEL)
(800) 959-8633 (TOLL-FREE)
Click on link to get to his email.
His Twitter Handle https://twitter.com/SenatorNichols

Good News & Bad News

The Good News is that we have reached our Monthly goal of $2500 that it takes to fund Save the Texas Dune Buggy, Sandrail, & Kitcar. From the $10.00 to the $100.00 and more donations, THANK YOU! We continue to prove that a little, plus a little, equals a lot. Again, Thank You!

The Not so Good news is that HB 1755/SB 1462 are NOT SET for the May 1st Senate Transportation Committee Hearing. The unfortunate part is that there are only a few more hearings before the end of this legislative session. What does this mean for YOU, yes EVEN YOU! We have got to inundate Chairman Nichols Voicemail as well as email with our requests to have SB 1462 and companion to HB 1755 in the hearing held on May 8th. Make sure that you are civil an kind when you speak, that is how we have been from the beginning & how we need to continue to be. You do represent a large group when you call, so be cool.

Here is what you need to say in a nutshell.
Chairman Nichols, Please consider setting HB 1755 for a hearing. The companion to SB 1462, HB1755 by Ed Thompson adopts and codifies rules to provide for titling, registration, and inspection of certain assembled vehicles. Current DMV rules are unclear and contradictory, causing many Texans to keep vehicles off the road that had been legal for years. Chairman Nichols https://senate.texas.gov/member.php?d=3&lang=en
(512) 463-0103 (TEL)
(800) 959-8633 (TOLL-FREE)


Click on link to get to his email
His Twitter Handle https://twitter.com/SenatorNichols

Good News & Bad News 4-25-2019 5:30PMThe Good News is that we have reached our Monthly goal of $2500. that it takes to fund Save the Texas Dune Buggy, Sandrail, & Kitcar. From the $10.00 to the $100.00 and more donations, THANK YOU! We continue to prove that a little, plus a little, equals a lot. Again, Thank You!The Not so Good news is that HB 1755/SB 1462 are NOT SET for the May 1st Senate Transportation Committee Hearing. The unfortunate part is that there are only a few more hearings before the end of this legislative session. What does this mean for YOU, yes EVEN YOU! We have got to inundate Chairman Nichols Voicemail as well as email with our requests to have SB 1462 and companion to HB 1755 in the hearing held on May 8th. Make sure that you are civil an kind when you speak, that is how we have been from the beginning & how we need to continue to be. You do represent a large group when you call, so be cool. Here is what you need to say in a nutshell. Chairman Nichols, Please consider setting HB 1755 for a hearing. The companion to SB 1462, HB1755 by Ed Thompson adopts and codifies rules to provide for titling, registration, and inspection of certain assembled vehicles. Current DMV rules are unclear and contradictory, causing many Texans to keep vehicles off the road that had been legal for years. Chairman Nichols [https://senate.texas.gov/member.php?d=3&lang=en](https://senate.texas.gov/member.php?d=3&lang=en) (512) 463-0103 **(TEL)**(800) 959-8633 **(TOLL-FREE)** Click on link to get to his email His Twitter Handle [https://twitter.com/SenatorNichols](https://twitter.com/SenatorNichols)

Posted by Faron Smith on Thursday, April 25, 2019

Please Share!!!

PLEASE SHARE THIS VIDEO!This link will help keep you up to date as what stage our bill is in. It looks like there are only 7 stages, what they don't show are the multiple steps to go from one stage to the next! [https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=86R&Bill=SB1462](https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=86R&Bill=SB1462)Senator Hughes of District 1 who filed & is representing SB1462.[https://senate.texas.gov/member.php?d=1](https://senate.texas.gov/member.php?d=1)Members of the Senate Transportation CommitteeChairmanSenator Nichols of District 3 [https://www.senate.texas.gov/member.php?d=3](https://www.senate.texas.gov/member.php?d=3) Vice-ChairSenator Hancock of District 9 [https://senate.texas.gov/member.php?d=9](https://senate.texas.gov/member.php?d=9)MembersSenator Alvarado of District 6[https://senate.texas.gov/member.php?d=6](https://senate.texas.gov/member.php?d=6)Senator Hinojosa of Dist 20[https://senate.texas.gov/member.php?d=20](https://senate.texas.gov/member.php?d=20) Senator Kolkhorst of District 18[https://senate.texas.gov/member.php?d=18](https://senate.texas.gov/member.php?d=18) Senator Perry of District 28[https://senate.texas.gov/member.php?d=28](https://senate.texas.gov/member.php?d=28)Senator Rodriguez of District 29[https://senate.texas.gov/member.php?d=29](https://senate.texas.gov/member.php?d=29)Senator Schwertner of District 5[https://senate.texas.gov/member.php?d=5](https://senate.texas.gov/member.php?d=5)Senator West of District 23[https://senate.texas.gov/member.php?d=23](https://senate.texas.gov/member.php?d=23)

Posted by Faron Smith on Wednesday, April 17, 2019

PLEASE SHARE THIS VIDEO!

This link will help keep you up to date as what stage our bill is in. It looks like there are only 7 stages, what they don’t show are the multiple steps to go from one stage to the next! https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=86R&Bill=SB1462

Senator Hughes of District 1 who filed & is representing SB1462.
https://senate.texas.gov/member.php?d=1

Members of the Senate Transportation CommitteeChairmanSenator Nichols of District 3
https://www.senate.texas.gov/member.php?d=3

Vice-Chair
Senator Hancock of District 9
https://senate.texas.gov/member.php?d=9

Members
Senator Alvarado of District 6
https://senate.texas.gov/member.php?d=6

Senator Hinojosa of Dist 20
https://senate.texas.gov/member.php?d=20

Senator Kolkhorst of District 18
https://senate.texas.gov/member.php?d=18

Senator Perry of District 28
https://senate.texas.gov/member.php?d=28

Senator Rodriguez of District 29
https://senate.texas.gov/member.php?d=29

Senator Schwertner of District 5
https://senate.texas.gov/member.php?d=5

Senator West of District 23
https://senate.texas.gov/member.php?d=23

Bill 86(R) HB-1755 Update

The see bill 86(R) HB-1755[https://legiscan.com/TX/text/HB1755/2019](https://legiscan.com/TX/text/HB1755/2019) To see how our bill processed through the House [https://legiscan.com/TX/bill/HB1755/2019](https://legiscan.com/TX/bill/HB1755/2019) Who & how they voted[https://legiscan.com/TX/rollcall/HB1755/id/842173](https://legiscan.com/TX/rollcall/HB1755/id/842173) Actual Amendment for "Former Military Vehicles" Amendment No. 1 Representative Canales offered the following amendment to HBi1755: Amend HBi1755 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly: SECTIONi____.iiSection 501.035(b), Transportation Code, is amended to read as follows: (b)iiIn this section, "former military vehicle" has the meaning assigned by Section 502.001 [504.502(i)]. SECTIONi____.iiSection 502.001, Transportation Code, is amended by adding Subdivision (17-a) to read as follows: (17-a) "Former military vehicle" means a vehicle, including a trailer, that: (A)iiwas manufactured for use in any country s military forces; and ’ (B)iiis not operated on continuous tracks. SECTIONi____.iiSubchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.141 to read as follows: Thursday, April 11, 2019 HOUSE JOURNAL — 44th Day 1517 Sec.i502.141.iiOFF-HIGHWAY FORMER MILITARY VEHICLES. (a) Except as provided by Subsections (b) and (c), a person may not register a former military vehicle designated for off-highway use, with or without design alterations, for operation on a public highway. (b)iiA former military vehicle may be registered for on-road use if the vehicle: (1)iiis a high mobility multipurpose wheeled vehicle designated for off-highway use; and (2)iihas a gross vehicle weight rating of less than 10,000 pounds. (c)iiA former military vehicle issued specialty license plates under Section 504.502 may be operated on a public highway in accordance with that section. SECTIONi____.iiSection 504.502(i), Transportation Code, is amended to read as follows: (i)iiIn this section, "former military vehicle" means a vehicle, including a trailer, regardless of the vehicle s size, weight, or year of manufacture, that: ’ (1)iiwas manufactured for use in any country s military forces; [and ’ ] (2)iiis maintained to represent its military design and markings accurately; and (3)iiis not operated on continuous tracks. Amendment No. 1 was adopted. HB 1755, as amended, was passed by (Record 293): 144 Yeas, 0 Nays, 3 Present, not voting.

Posted by Faron Smith on Tuesday, April 16, 2019

The see bill 86(R) HB-1755 https://legiscan.com/TX/text/HB1755/2019
To see how our bill processed through the House https://legiscan.com/TX/bill/HB1755/2019
Who & how they voted https://legiscan.com/TX/rollcall/HB1755/id/842173 Actual Amendment for “Former Military Vehicles” Amendment No. 1 Representative Canales offered the following amendment to HBi1755: Amend HBi1755 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly: SECTIONi____.iiSection 501.035(b), Transportation Code, is amended to read as follows: (b)iiIn this section, “former military vehicle” has the meaning assigned by Section 502.001 [504.502(i)]. SECTIONi____.iiSection 502.001, Transportation Code, is amended by adding Subdivision (17-a) to read as follows: (17-a) “Former military vehicle” means a vehicle, including a trailer, that: (A)iiwas manufactured for use in any country s military forces; and ’ (B)iiis not operated on continuous tracks. SECTIONi____.iiSubchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.141 to read as follows: Thursday, April 11, 2019 HOUSE JOURNAL — 44th Day 1517 Sec.i502.141.iiOFF-HIGHWAY FORMER MILITARY VEHICLES. (a) Except as provided by Subsections (b) and (c), a person may not register a former military vehicle designated for off-highway use, with or without design alterations, for operation on a public highway. (b)iiA former military vehicle may be registered for on-road use if the vehicle: (1)iiis a high mobility multipurpose wheeled vehicle designated for off-highway use; and (2)iihas a gross vehicle weight rating of less than 10,000 pounds. (c)iiA former military vehicle issued specialty license plates under Section 504.502 may be operated on a public highway in accordance with that section. SECTIONi____.iiSection 504.502(i), Transportation Code, is amended to read as follows: (i)iiIn this section, “former military vehicle” means a vehicle, including a trailer, regardless of the vehicle s size, weight, or year of manufacture, that: ’ (1)iiwas manufactured for use in any country s military forces; [and ’ ] (2)iiis maintained to represent its military design and markings accurately; and (3)iiis not operated on continuous tracks. Amendment No. 1 was adopted. HB 1755, as amended, was passed by (Record 293): 144 Yeas, 0 Nays, 3 Present, not voting.

REALLY BIG DAY

Today was a REALLY BIG DAY for us!

86(R) HB-1755 being voted out of the House unanimously was a HUGE step in the right direction! To some of the new members it looks as though this has been an easy and fairly short process. But the reality is we have been working on this since April of 2017. We started our Facebook page later on August 12th, 2017. (WE GROW IN NUMBERS BECAUSE OF SHARES, PLEASE SHARE THIS POST!) We tried to work with the Texas DMV but after months of frustration attending Working Group Meetings and Texas DMV Board Meetings, it was clear this was not the path that would get us the end result we all want. So we decided that working with Legislation was the only way to accomplish our goal of getting our Assembled Vehicles back on the roads in Texas. Legally! It took us a while to find the right House member to work with us, but we were fortunate to have House Representative Ed Thompson represent us, and he brought along a few of his friends! PLEASE take the time to sit down and write each of them a handwritten THANK YOU Note. Here are their address.

Representative Thompson
PO Box 2910
Room 1N.7
Austin, Texas 78768

Representative WuPO
Box 2910
Room GW.4
Austin, Texas 78768

Representative VanDeaver
PO Box 2910
Room E1.310
Austin, Texas 78768

Representative Krause
PO Box 2910
Room – E1-420
Austin, Texas 78768

Representative Flynn
PO Box 2910
Room – 1N.10
Austin, Texas 78768

We also had Co. Authors.

Representative Burnes
Representative Lambert
Representative Martinez
Representative Olverson
Representative White

The process of a bill, has seven Steps. (What they don’t tell you is that some steps have… sub-steps)

  1. Bill Filed – 2-13-19 Rep Thompson
  2. Voted out of House Transportation Committee 4-4-2019
  3. Voted on by the House 4-11-2019
  4. Voted out of the Senate Transportation Committee ???
  5. Voted on by the Senate
  6. Governor Action
  7. Bill Becomes a Law

If you would like more details on the process, please check here. https://tlc.texas.gov/docs/legref/legislativeprocess.pdf#page=12

Let me say this one more time, 86(R) HB-1755 was voted out of the House unanimously. But we still have a ways to go, and we need your continued support! We have a Lobbyist that has worked hard to get us to this point & we need to keep him working with us. We have a goal to reach every month and I will say that it is easier to reach. But we really need to continue to send in those donations! (ALL FUNDS RAISED GO TO HELP SUPPORT THE CAUSE) PayPal – Faron@savethetexasdunebuggy.com
Also if you would like to send our Lobbyist a handwritten Thank You Letter please send them to Ron Hinkle, Po Box 11664, Austin, Texas 78711

Committee Meeting

First and foremost, we would like to Thank each and every one of you who took the time to attend the House Transportation Committee Hearing Wednesday, March 20th, 2019. We also need to Thank those of you who stood up and gave your testimony, as each was a valuable tool in moving forward.
Overall today was a GREAT step forward in the process of getting our vehicles back on Texas roads LEGALLY, as well as setting an example to other states who are looking to make the same mistake Texas has in “outlawing” Assembled Vehicles.

There really is no need in going into great detail as to what was seen in the hearing today. Bottom line, the Transportation Committee made the decision to send HB-1755 to the next step in the process. Next Wednesday, March 27, 2019, the House Transportation Committee will vote for or against HB-1755 being sent to the House Floor for the House to vote on.
Once the House has voted in favor of HB-1755, we will start the whole process over with the Senate. Once the Senate has voted in favor of the bill, the DMV will work with us in order to come up with a way for the new Law to be a process towards Assembled Vehicles enjoying their vehicles the way the owner intended.
To put it mildly, there are still more than a few steps left in this process. So we continue to fight for our right to enjoy the very vehicle we are so passionate about. Yesterday was another mark in the win column in this very long process.

House Bill News

Have we got some incredible news for everyone! Wednesday, March 20th, 2019 at the Texas State Capitol Building. Our bill will be heard in a Public Hearing. We have lined up a few people that we feel will give a compelling, well thought out, & unified testimony that will work towards our benefit. We have every subcategory (Dune Buggy, Sandrail & Kitcar) represented as the goal from the start was to pave a way that we could all get back on the roads of Texas legally.
We would ask more people to give their testimony, but there is a very fine line between a productive group & pain in the neck who is taking up to much precious time.
You may not have been asked to give your testimony but it is very important that we have a LARGE Group Join us at the Capitol. It is IMPORTANT that the House Reps on the Transportation Committee see a large number of VOTERS or Constituents in the audience, as it shows them that this is important to a LARGE GROUP OF PEOPLE.
Transportation Committee – Public Hearing
Wednesday, March 20th – Meeting starts at approximately 2:00PM
Texas State Capitol Building – Room E2-030

Bill now in Senate!

We are up and running, Our bill has now been introduced in both the Texas State House as well as the Senate!
You can google them.
86(R) HB-1755 Representative Thompson District 29
86(R) SB-1462 Senator Hughes District 1

Assembled Vehicles Legislation

This is an example of what was used to talk to Legislators about Assembled Vehicles.  This was posted in hopes that it will help get into more detail of the bill that has been introduced, you can research the actual rule by googling.

86(R) HB-1755 Representative Thompson District 29
86(R) SB-1462 Senator Hughes District 1

If you would like to make a Donation, please the link below.


1.  What is the purpose of the proposed legislation?

The proposed legislation is to create a new section of the Texas Transportation Code that defines Assembled Vehicles and how these vehicles would be regulated by the Texas Department of Motor Vehicles.  The new section of the Transportation Code will provide definitions of Dune Buggies, Sandrail & Kitcars to ALL be defined as Assembled Vehicles, to describe and define the legal ability for a hobbyist to assemble the vehicle, the definition and methodology to have the vehicle legally inspected by a certified state inspector, the method by which the vehicle is tiled and registered, and the appropriate fees that accompany titles and fees for Assembled Vehicles.

2.  What is the issue being addressed by this legislation?

The issue being addressed by the legislation is to provide clarity in the law as to what is an Assembled Vehicle. Currently, an Assembled Vehicle is defined only in the TxDMV manual, not in statute, yet there are state inspection forms that accompany an Assembled Vehicle to be used for the ability to gain a title, registration through the normal DMV/DPS process.  As a result of the lack of clarification, Kitcar companies and those customers that assemble kitcars and Dune Buggies & Sandrails, that have had their vehicles legally inspected, have received proper insurance, and have in many cases received title and registration, have had their title and registration revoked by the TxDMV.

In addition and to further complicate the issue, staff at TxDMV in 2014 proposed an Administrative Rule to essentially ban Dune Buggies from operating on Texas streets and roadways by deeming them as “off-road” vehicles.  As a consequence, numerous private citizens that purchased Dune Buggies after 2014 were not aware of the administrative rule and only realized their investment was essentially worthless when they were unable to gain title and registration to operate Dune Buggies on streets and roadways, as has been the practice for over 50 years.  Ironically, if a citizen had already purchased a Dune Buggy prior to the Administrative Rule and had the vehicle legally inspected, titled, and registered those vehicles remain legal to operate on streets and roadways.  

And while Kitcars are not Dune Buggies but still in the Assembled Vehicle class and have not been subject to an Administrative Rule banning their operations, staff at the TxDMV have subjectively deemed some Kitcars as “on track” vehicles, essentially race cars, and therefore deemed illegal to operate on streets and roadways.  

The rulings by the TxDMV is inconsistent and has caused great confusion among Dune Buggy, Sandrail and Kitcar enthusiasts and parts suppliers of those vehicles to a point where the TxDMV board announced in its August 16, 2018 board meeting that this matter is best for the legislature to handle.

3. Background (history)

The TxDMV first adopted a policy regarding Dune Buggies not being eligible for Texas title in 2013 and published this policy on May 5, 2014. Any applications for title for a Dune Buggy on or after this date are rejected and any titles issued in error after this date are revoked. Dune buggy titles issued prior to May 5, 2014, remain valid; however, they will not be issued a subsequent title for any new purchasers. This decision was made in accordance with Transportation Code, Section 502.048, which grants the authority to refuse registration to any vehicle deemed unsafe (emphasis added). Any vehicle not eligible for registration, unless otherwise specifically specified, is not eligible for a Texas title.  

According to department staff, they came to the conclusion that Dune Buggies were unsafe for on-road operation based on a number of factors and the experience of staff having reviewed numerous such vehicles over many years. Staff at the TxDMV claim that they review each vehicle individually and do not compare one type of vehicle to another, further claiming their observation has been that these vehicles (stripped down, kits, or otherwise) are often lacking basic, visually verifiable safety components such as windshields, wipers, or their entire body. On more than one occasion, TxDMV staff claim they have seen plastic water tanks used as the fuel cell. In an effort to limit some of the subjectivity, Dune Buggies were deemed unsafe.

Subsequently, the TxDMV Board adopted Texas Administrative Rule on March 6, 2015, which prohibited Dune Buggies from being eligible for title. This is located in Texas Administrative Rule 217.3 (6) and reads (in part):
(6) Not Eligible for Title. The following are not eligible for a Texas title regardless of the vehicle’s previous title and/or registration in this or any other jurisdiction. (B) Vehicles designed or determined by the department to be a dune buggy;

In 8 months of participating in working groups with the TxDMV staff and other interested parties, private citizens working as a group called the Assembled Vehicle Coalition of Texas (AVCT) pointed out the flaws in staff’s decisions in the types of vehicles staff illustrated as “not safe”.  TxDMV staff displayed vehicles that have been built from various vehicles parts from junk yards (some vehicles built with 2×4 boards in one case and an actual coffin with four wheels and a motor in another case).  The ACVT pointed out that Dune Buggies and Kitcars are not built from various pieces from junk yards, 2×4 lumber, or coffins or any other junk vehicle part but are legitimate, designed and well-known vehicles provided by Kitcar companies located in Texas and around the United States and among Dune Buggy enthusiasts all over the nation.  Legitimate Kitcars and Dune Buggies use Federal Motor Safety Vehicle Standard parts and pass certified ASE inspection accordingly.  As a point of reference, a Dune Buggy is a well-recognized vehicle that has been a part of the American fabric of hobbyist vehicles since 1965 (the first dune buggy was created by Bruce Meyers) and Dune Buggies have even been previously featured for sale in Sears catalogs.  

The TxDMV referred to vehicles not built by a known manufacturer (Ford, GM, Toyota, etc.) as “frankencars” and have deemed them unsafe, with the thought that these vehicles are made of vehicle parts shopped from junk yards.  This is far from the truth.  The members of the AVCT pointed out that there are already definitions of Assembled Vehicles and inspection forms for assembled vehicles promulgated by the TxDMV and these Assembled Vehicles do pass certified inspectors and are insured by major vehicle insurance companies.

4. Related initiatives?

“Custom vehicles” and “Street Rods” are defined in Texas Transportation Code § 504.501 and are closely related in description of an Assemble Vehicle found in the TxDMV manual.  

And when reading these definition of an Assembled Vehicle it is obvious to the reader that these definitions comport to the description of a Dune Buggy and kit car describing as follows:

 (iii) assembled from a kit even if a Manufacturer’s Certificate of Origin or Manufacturer’s Statement of Origin is provided (emphasis added).

Once legislation is passed TxDMV staff would develop rules governing the new statutes on Assembled Vehicles.

5.  What are the mechanics (how is this different from current law)?

The proposed legislation simply creates a new section of the Transportation Code dedicated to Assembled Vehicles and clarifies what is an Assembled Vehicle, the definition of what a Hobbyist is and what a Hobbyist is not, clarifies the definition of an ASE (American Service Excellence) certified vehicle inspector/technician and provides language regarding the method for titles and registration with the appropriate fees. The inspection, title, registration and fee process for Assembled Vehicles aligns with current law for motor vehicles as defined in law so as not to provide any special considerations in the importance of inspection, title, registration and appropriate fees for those Assembled Vehicles.

It was acknowledged by TxDMV board members at the August 16, 2018 board meeting that when the Texas Legislature created statutes governing motor vehicles it did so in the knowledge of regulating well-known manufacturers of vehicles.  It was further acknowledged that Kitcars or Dune Buggies were not contemplated in the early creation of the Code.  The board also acknowledged that among the 27 million or more vehicles on the road today Kitcars and Dune Buggies are a minute segment of the motor vehicle being driven on Texas streets and roadways, and even these Assembled Vehicles are “fair weather” vehicles not intended to be “every day” vehicles

6. Statistics

No statistics are known or provided when requested regarding concerns communicated by TxDMV staff.

7.  Broader goals and messages?

In recent years, federal law has recognized the Kitcar industry by passing H.R. 22 by Rep. Green, D-Texas that allows companies to manufacture kit cars at a low volume rate; the Kitcar companies can manufacture no more than 350 per year nationally not more than 5,000 world-wide.

The broader message is that these types of vehicles, be they Dune Buggies or Kitcars, are a recognized and familiar vehicle in the United States and Texas statute should reflect this reality and provide language regarding the proper regulation of the vehicles for operation on Texas streets and roadways.  Currently, 31 other states recognize these vehicles and have laws and policies governing their assemblage, inspection, title, registration and appropriate fees.

8. Fiscal Implications?

With the ability of these inspected Assembled Vehicles to legally operate on Texas streets and roadways the fiscal impact to the state will be as follows:  more revenue will be collected from title and registration fees and license plates from assembled vehicles; parts for these assembled vehicles from legitimate parts suppliers will continue to be sold; tax revenues from additional gasoline sales for the vehicles will increase; some expected revenue increases in hotel occupancy taxes and sales and beverage taxes will occur in hotels and restaurants as these hobbyists tend to form clubs and have rallies in Texas towns and cities on weekends at certain times of the year to meet and enjoy the camaraderie that goes with these clubs; more insurance policies will be sold by insurance companies that provide policies for Assembled Vehicles; additional jobs created from Kitcar companies that choose to provide kits to Kitcar and Dune Buggy enthusiasts.

9.  Specific Impact?

The legislation would provide clarity to the Transportation Code regarding a certain type of vehicle that exists and is deemed safe and reliable for operation on Texas streets and roadways.

10.  Stakeholders/Support/Opposition (Who is or is not impacted)?

Strong support will come from thousands of Texas private citizens who own kit cars and dune buggies who are, in many cases, not able to operate their vehicle on Texas streets and roadways as they have in the past.  Strong support will come from the vehicle parts suppliers both in Texas and around the nation that will have an increase in this specific market segment to sell quality vehicle parts to the enthusiasts.  The Specialty Equipment Market Association (SEMA, www.sema.org) will strongly support the legislation

Early opposition came from TxDMV staff, however, the TxDMV board rejected a proposed rule seeking to clarify this issue and board members requested this matter be in the hands of the Texas Legislature.

Lastly, the representative for the Assembled Vehicle Coalition of Texas specifically asked TxDMV staff if there are groups or individuals opposing assembled vehicles; if there are crash or inspection statistics supporting their claim that these vehicles are deemed unsafe; if any outside individual or group filed or otherwise voiced any complaints of Assembled Vehicles – the answer was negative that any of the above mentioned complaints were made.  The Texas Association of Automobile Dealers has signaled their opposition to the bill before it was filed or reviewed.

Faron Smith
Save the Texas Dune Buggy, Sandrail, & Kitcar
505-688-7640
www.savethetexasdunebuggy.com

Fund Raising Windscreen

Tom donated a few of his custom made windscreens called “The Difference” that fit perfectly in a Manx Rollbar. We have Yellow, Red, and a Green available for a $100.00 donation. If you would like to make one of the beautiful as well as useful windscreens yours, please donate $100.00 to the PayPal account. Don’t forget to give us the color you want & your address in the notes section.


Fund Raising Stickers

We have a bunch of the Ole Red Save the Texas Dune Buggy stickers that are about 6″ in diameter available & they would look great on your trailer or Daily Driver! One can be yours for a $10.00 donation.
ALL Profits go to cover the costs for our cause. (Ron, our Lobbyist needs to get paid & to purchase new items to sell.) You can pay by
Paypal.
Again, we need to know your address.


Fund Raising Hats

We have some really nice Black “Trucker” Hats available for a $35.00 Donation each! All Hats are Adjustable, Black with Black mesh in the back. You can choose the color Graphic that you would like on the front. We have Blue Graphics, Red Graphics, Lime Green Graphics, & White Graphics on them. If you would like to make one yours please make a donation to our PayPal Account. Make sure that you let us know what color Graphic you would like & your address.


Texas House of Representatives Transportation Committee

As many of you know HB-1755 is the bill that House Representative Ed Thompson has introduced to help correct Administrative 217.3. You may also know that Texas Legislation is currently in session and that the next step in the process is for our bill to be heard by
the House Transportation Committee. At that time public testimony is almost always solicited on bills; allowing citizens the opportunity to present arguments on different sides of an issue.
When a House Committee holds a public hearing during a legislative session they must post a notice of 5 days before the hearing. What that means to you and I is that we will get 5 calendar
days to plan to be at the hearing where bill HB 1755 is read for the first time. If you want to join us, you had better get your Sunday go to Meeting clothes ready now. (I will wear a Suit & Tie)
The House Transportation Committee consists of 13 Members. Below I have listed all of the Members on that Committee, the District they are in & the Counties they represent. We are not limiting people from joining us, but it would be nice to have people that they represent in attendance. It is not prudent to have a ton of people talk as time is limited, but we will decide who fits our narrative best when we get a list of people who can attend the hearing when it is scheduled.
Texas House of Representatives Transportation Committee.
Chair – Terry Canales (Democrat) – District 40 – Hidalgo (Part)
Vise Chair – Brooks Landgraf (Republican) – District 81 – Andrews, Winkler, Ector
Diego Bernal (Democrat) – District 123 – Bexar
Yvonne Davis (Democrat) – District 111 – Dallas (Part)
Craig Goldman (Republican) – District 97 – Tarrant (Part)
Cole Hefner (Republican) – District 5 – Camp, Morris, Rains, Smith (Part), Titus, Wood
Matt Krause (Republican) – District 93 – Tarrant (Part)
Ben Leman (Republican) – District 13 – Austin, Burlson, Colorado, Fayette, Grimes, Lavaca, Washington
Armando Martinez (Democrat) – District 39 – Hidalgo (Part)
Evelina “Lina” Ortega (Democrat) – District 77 – El Paso
John Raney (Republican) – District – 14 – Brazos
Shawn Thierry (Democrat) – District 146 – Harris (Part)
Ed Thompson (Republican) – District 29 – Brazoria
In addition, if you live in any of the above districts please email me your Name, City/County you live in & your Phone Number so that we can compile a list for each where they have constituents living in their specific District.

Transportation Committee Hearing

Today we took a little trip up to Austin to sit in on the Senate Transportation Committee Hearing. They never once mentioned Save the Texas Dune Buggy, Sandrail & Kitcar, or The Assembled Vehicles Coalition. That’s okay, as we didn’t expect them to at this point. But they did see us in the room, and it looked like a couple of people had a pretty good idea who we were.

Kuntz & Brewster were both in attendance & even spoke a little, but again it had nothing to do with our issue.

We may not have heard anything to do with bill HB-1755, but we did hear a couple of VERY interesting statements.

One Executive for TxDOT spoke of the dangers & even deaths due to situations like Impaired Driving, Distracted Driving, Driver inattention, Following too Close, Disregarding a Stop Sign or Signal Light, & Speeding. But never once did he make mention of a Dune Buggy, Sandrail, Kitcar, or ANY specific Vehicle for that matter as being dangerous.

We also heard the Executive Director of TxDOT talk about how a SEATBELT is so important in regards to the SAFETY of a vehicle. He went on and on about how a SEATBELT was the most important SAFETY device that is employed on a vehicle & NEVER once did he mention anything about how an airbag helped in regards to the safety of a vehicle.

That being said…… Keep in mind that the TxDMV, TADA, and others are reading what you write. Does the Dune Buggy, Sandrail, or Kitcar that you want to legally Title/Register in Texas have proper Seatbelts in it? As for me, I don’t even have a Rolling Chassis at the moment. But I have a set of 4 point Seatbelts that I plan to install when this is all over.