89th Legislature Regular Session

HB 2686

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2686 seeks to simplify the registration process for frac tanks used in oil and gas operations by amending Section 502.146 of the Texas Transportation Code. The bill requires the Texas Department of Motor Vehicles (TxDMV) to issue a distinguishing license plate specifically for frac tanks. This plate would be non-expiring and would not require an annual registration insignia to remain valid. Additionally, the registration receipt typically mandated under Section 621.002 of the Transportation Code would no longer be required for frac tanks displaying this specialized plate.

The legislation defines a “frac tank” as a portable or stationary high-volume holding vessel designed for use in separating, storing, or temporarily containing materials used in or resulting from hydraulic fracturing techniques in oil and gas exploration. These tanks, which are often deployed at drilling sites but are not self-propelled or used on highways like traditional vehicles, would be allowed to retain the same license plate so long as it is renewed or until the tank is sold or removed from service.

The bill responds to a practical need within the oilfield services industry by reducing unnecessary regulatory burdens associated with annual vehicle registration for equipment that does not function as a road vehicle. By creating a specific licensing mechanism for these tanks, HB 2686 offers a more tailored and administratively efficient approach for operators and the state alike.

The originally filed version of HB 2686 and the Committee Substitute both aim to address the registration process for frac tanks, but there are a few key distinctions that reflect minor yet meaningful changes in legislative drafting and scope.

In the original version of HB 2686, the bill simply adds Subsection (i) to Section 502.146 of the Transportation Code, authorizing the Texas Department of Motor Vehicles (TxDMV) to issue a non-expiring, non-stickered license plate for frac tanks. It defines frac tanks and exempts them from the registration receipt typically required under Section 621.002. The focus is narrow and technical, with no alterations to other subsections of the statute.

By contrast, the Committee Substitute introduces a structural refinement by explicitly amending not only to add Subsection (i), but also to amend Subsection (a) of Section 502.146. Subsection (a) is revised to include a cross-reference to the new Subsection (i), ensuring that vehicles qualifying under the new frac tank designation are clearly incorporated into the statutory framework for distinguishing license plates. This change enhances clarity and statutory consistency.

Additionally, while the substantive provisions regarding the definition of a frac tank and the exemption from registration insignia and receipts remain the same, the substitute includes more precise legal language and formatting consistent with legislative drafting norms. The committee substitute is therefore more thorough in integrating the new policy into existing law without altering its intent. This indicates attention to detail from legislative staff and suggests the bill was refined to better align with code construction standards and avoid ambiguity in implementation.
Author
Jay Dean
Sponsor
Phil King
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2686 would not have a significant fiscal impact on the State of Texas. The Texas Department of Motor Vehicles (TxDMV) is expected to implement the changes — specifically the issuance of a non-expiring distinguishing license plate for frac tanks — without requiring additional appropriations. Any associated costs can be absorbed within the agency’s existing budgetary and operational framework.

Revenue implications from the bill are likewise expected to be minimal. While the bill does authorize a $5 fee for the specialized license plate, the total number of frac tanks that would qualify for registration is likely not high enough to generate significant income. This limited revenue impact supports the conclusion that the bill would neither strain state finances nor result in meaningful new revenues for the state treasury.

On the local level, the bill is anticipated to have no fiscal impact on units of local government. This is because the registration and licensing of frac tanks falls under state jurisdiction, and local governments are not expected to bear any administrative or enforcement costs as a result of this legislation. Overall, HB 2686 offers a regulatory adjustment with limited financial consequence, ensuring operational efficiency without burdening state or local resources.

Vote Recommendation Notes

HB 2686 represents a modest but effective regulatory reform that simplifies the registration process for frac tanks used in oilfield operations. By allowing the Texas Department of Motor Vehicles to issue a non-expiring license plate for these tanks—without requiring annual registration stickers or physical receipts—the bill streamlines compliance for businesses and aligns frac tanks with other similarly treated equipment, like token trailers. This legislative adjustment supports administrative efficiency, reduces logistical costs, and enhances clarity in the law for industrial operators.

Importantly, HB 2686 does not grow the size or scope of government. It does not create any new regulatory programs, offices, or mandates. Instead, it modifies an existing process within the TxDMV’s jurisdiction, replacing a recurring registration burden with a more tailored and sustainable alternative. It is a deregulatory measure that respects principles of limited government by minimizing unnecessary interaction between state agencies and private industry.

The bill also poses no increased burden on taxpayers. According to the Legislative Budget Board, there is no significant fiscal implication for the state or local governments. The one-time $5 license plate fee is minor, predictable, and self-contained within the TxDMV’s existing funding structure.

Likewise, HB 2686 does not increase the regulatory burden on individuals or businesses. On the contrary, it reduces red tape and operational inefficiencies for oil and gas service providers by eliminating the need to annually locate and relabel equipment that is often immobile or stationed in remote areas. This targeted deregulation fosters business responsiveness and operational autonomy without compromising public accountability or safety.

For these reasons—clear regulatory relief, cost neutrality, and consistency with limited government ideals—Texas Policy Research recommends that lawmakers vote YES on HB 2686.

  • Individual Liberty: While the bill doesn't directly affect personal freedoms, it does reflect a broader respect for limited government interference in day-to-day business operations. By eliminating arbitrary annual compliance steps, it acknowledges the importance of allowing individuals and businesses to operate with fewer government-imposed hurdles.
  • Personal Responsibility: This bill supports personal responsibility by shifting the regulatory framework to one that is more practical and efficient. Businesses still have the duty to register their frac tanks, but the process is now more manageable and better aligned with how these tanks are actually used. It allows operators to meet their responsibilities without wasteful bureaucracy.
  • Free Enterprise: By reducing time-consuming and costly registration tasks, the bill enhances operational efficiency in the oil and gas industry—one of Texas’s key economic sectors. It removes friction from the business environment and respects the time and resources of entrepreneurs and companies, making it easier to compete and operate in the market.
  • Private Property Rights: The bill affirms the principle that the state should not impose undue burdens on property owners. Frac tanks, which are often stationary and not driven on public roads, are treated more appropriately under the new system. The change respects the owner’s right to use and manage their property without unnecessary state involvement.
  • Limited Government: The bill is a textbook example of limited government in action. It scales back annual regulatory requirements, imposes no new burdens, and does not expand any agency's power or scope. The $5 fee is minimal, and the administrative changes fit within the existing framework of the Texas Department of Motor Vehicles.
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