This all started with SEMA and some insurance organizations working to get rules rewritten for certain cars such as street rods. Motorcycles are in a different classification oddly enough. The rule as it written is rather odd to begin with .
So here is the section that spells out
Assembled Vehicles Not Eligible for Title2.5 Assembled Vehicles Not Eligible for TitleMissing Basic Component Parts or Federally Required Safety Components
The following are not eligible for Texas title regardless of the vehicle’s previous title
and/or registration in this or any other jurisdiction:
•
vehicles that are missing or are stripped of their motor, frame, or body, to the
extent that it materially alters the manufacturer’s original design or makes the
vehicle unsafe for on-road operation as determined by the department;• vehicles designed or determined by the department to be a dune buggy;• vehicles designed or determined by the department to be for off-road use only,
unless specifically defined as a “motor vehicle” in Transportation Code, Chapter
501; or
• vehicles assembled, built, constructed, rebuilt, or reconstructed in any manner
with:
• a body or frame from a vehicle which is a “nonrepairable motor vehicle” as
that term is defined in Transportation Code, §501.091(9); or
• a motor or engine from a vehicle which is flood damaged, water damaged,
or any other term which may reasonably establish the vehicle from which
the motor or engine was obtained is a loss due to a water related event.
So if you want to use their logic The "Monster Trucks" they allow on their roads should be banned. They do not think that adding tires and rims as large has the truck, lifting the body/shocks, adding larger drive shafts, etc does not
Materially Alter the manufactures original design?
This same section rules out VW based kit cars in general because you have to remove the body. It also Specifically spells out Dune Buggies as a no go.
Then when you get into the replica section you get this...
A replica is an assembled vehicle using a manufactured prefabricated body or non-original
body representing an established make of a previous year model vehicle.
4.2 New Replica
A new replica is a new vehicle built as a replica of a previous year, make and, model of a
vehicle.
4.3 Street Rods and Custom Vehicles
A street rod is a vehicle that:
• was manufactured before 1949; or
• was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
• that has been altered from the manufacturer's original design, or
• has a body constructed from materials not original to the vehicle.
A custom vehicle is a vehicle that:
• is at least 25 years old and of a model year after 1948; or
• manufactured to resemble a vehicle that is at least 25 years old and of a model year
after 1948; and
• that has been altered from the manufacturer's original design, or
• has a body constructed from materials not original to the vehicle.
So with these same rules a Factory Five Street Rod, Cobra, or Daytona is perfectly ok, but the just as safe 818 or GTM cant be titled because it does not represent and established make or previous model year.
Unfortunately the State can change the rules as they see fit
Safely should be an issue for an owner to work out with their insurance company. The State should only be concerned with legal operation and the safety of OTHER motorists. I would argue that the kit car owner like a motorcycle owner has accepted a higher potential personal risk without endangering other motorists.
IF safety was truly their concern they would pull the title of any remaining 73-87 GM pickups. Over 2000 people have been killed in firey collisions since their debut. That’s 20 times more than the Pinto yet no one ever talks about it.