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AN ACT
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relating to the issuance of certain tags, permits, and license |
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plates authorizing the movement of vehicles and the transfer and |
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renewal of certain license plates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 152.027, Tax Code, is |
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amended to read as follows: |
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Sec. 152.027. TAX ON [METAL] DEALER PLATES. |
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SECTION 2. Section 152.027(a), Tax Code, is amended to read |
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as follows: |
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(a) A use tax is imposed on each person to whom is issued a |
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[metal] dealer's plate under Section 503.061 or 503.0615, |
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[authorized by Chapter 503,] Transportation Code. |
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SECTION 3. Section 152.042, Tax Code, is amended to read as |
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follows: |
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Sec. 152.042. COLLECTION OF TAX ON DEALER'S LICENSE [METAL |
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DEALER] PLATES. A person required to pay the tax imposed by Section |
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152.027 shall pay the tax to the Texas Department of Motor Vehicles, |
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and the department may not issue the [metal] dealer's license |
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plates until the tax is paid. |
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SECTION 4. Section 501.022(d), Transportation Code, is |
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amended to read as follows: |
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(d) Subsection (c) does not apply to a motor vehicle |
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operated on a public highway in this state with a [metal] dealer's |
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license plate [or a dealer's or buyer's temporary tag] attached to |
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the vehicle as provided by Chapter 503. |
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SECTION 5. Sections 501.0236(b) and (d), Transportation |
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Code, are amended to read as follows: |
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(b) A purchaser to whom this section applies may apply for[: |
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[(1)] a title in the manner prescribed by the |
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department by rule[; and |
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[(2) on expiration of the buyer's tag issued to the |
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purchaser under Section 503.063, a 30-day permit under Section |
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502.095]. |
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(d) The department shall waive the payment of fees for[: |
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[(1)] a title issued to a purchaser described by this |
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section[,] if the purchaser can show that fees for a title were paid |
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to the dealer[; and |
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[(2) one 30-day permit issued to a purchaser described |
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by this section]. |
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SECTION 6. Section 502.095, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.095. ONE-TRIP OR 30-DAY TRIP LICENSE PLATES |
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[PERMITS]. (a) The department may issue a temporary metal license |
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plate [permit] in lieu of registration for a vehicle subject to |
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registration in this state that is not authorized to travel on a |
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public highway because of the lack of registration in this state or |
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the lack of reciprocity with the state or country in which the |
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vehicle is registered. |
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(b) A license plate [permit] issued under this section is |
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valid for: |
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(1) one trip, as provided by Subsection (c); or |
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(2) 30 days, as provided by Subsection (d). |
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(c) A one-trip license plate [permit] is valid for one trip |
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between the points of origin and destination and those intermediate |
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points specified in the application and registration receipt. |
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Unless the vehicle is a bus operating under charter that is not |
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covered by a reciprocity agreement with the state or country in |
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which the bus is registered, a one-trip license plate [permit] is |
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for the transit of the vehicle only, and the vehicle may not be used |
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for the transportation of any passenger or property. A one-trip |
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license plate [permit] may not be valid for longer than 15 days from |
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the effective date of registration. |
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(d) A 30-day license plate [permit] may be issued only to a |
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passenger vehicle, a private bus, a trailer or semitrailer with a |
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gross weight of not more than 10,000 pounds, a light truck, or a |
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light commercial vehicle with a gross vehicle weight of more than |
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10,000 pounds that will operate unladen. A person may request from |
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the department an extension of the period a [obtain multiple] |
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30-day license plate is valid [permits]. The department may issue a |
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single registration receipt to apply to all of the periods for which |
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the vehicle is registered. |
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(e) A person may obtain a license plate [permit] under this |
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section by: |
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(1) applying as provided by the department to: |
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(A) the county assessor-collector of the county |
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in which the vehicle will first be operated on a public highway; or |
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(B) the department in Austin or at one of the |
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department's vehicle title and registration regional offices; |
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(2) paying a fee, in the manner prescribed by the |
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department including a registration service charge for a credit |
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card payment or escrow account of: |
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(A) $5 for a one-trip license plate [permit]; or |
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(B) $25 for each 30-day license plate [period]; |
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and |
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(3) furnishing evidence of financial responsibility |
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for the vehicle in a form listed under Section 502.046(c). |
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(f) The department shall prepare the design and |
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specifications of a license plate issued under this section. [A |
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registration receipt shall be carried in the vehicle at all times |
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during the period in which it is valid.] The license plate |
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[temporary tag] must contain all pertinent information required by |
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this section and must be displayed as prescribed by department |
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rule. [in the rear window of the vehicle so that the tag is clearly |
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visible and legible when viewed from the rear of the vehicle. If |
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the vehicle does not have a rear window, the temporary tag must be |
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attached on or carried in the vehicle to allow ready inspection.] |
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The registration receipt must be carried in the vehicle at all times |
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during the period in which it is valid. |
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(g) The department may refuse and may instruct a county |
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assessor-collector to refuse to issue a license plate [temporary |
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registration] for any vehicle if, in the department's opinion, the |
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vehicle or the owner of the vehicle has been involved in operations |
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that constitute an abuse of the privilege granted by this |
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section. A license plate [registration] issued after notice to a |
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county assessor-collector under this subsection is void. |
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(h) A vehicle operated with a license plate under this |
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section is exempt from the inspection requirements of Chapter 548. |
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SECTION 7. Section 501.147, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) On receipt of a written notice of transfer from the |
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seller of a motor vehicle or a dealer who holds a general |
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distinguishing number issued under Chapter 503, the department |
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shall indicate the transfer on the motor vehicle records maintained |
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by the department. As an alternative to a written notice of |
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transfer, the department shall establish procedures that permit the |
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seller of a motor vehicle or a dealer who holds a general |
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distinguishing number issued under Chapter 503 to electronically |
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submit a notice of transfer to the department through the |
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department's Internet website. A notice of transfer provided |
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through the department's Internet website is not required to bear |
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the signature of the seller or include the date of signing. |
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(a-1) On the sale or transfer of a motor vehicle to a dealer |
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who holds a general distinguishing number issued under Chapter 503, |
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the dealer shall submit the notice of transfer under Subsection |
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(a). |
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SECTION 8. Section 502.410(b), Transportation Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply to a statement or |
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application filed or given under Section 502.060, [502.092,] |
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502.093, 502.094, 502.095, 504.201, 504.202(b-1), 504.508, or |
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504.515. |
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SECTION 9. Section 503.008(a), Transportation Code, is |
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amended to read as follows: |
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(a) The fee for: |
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(1) a [metal] dealer's license plate issued under |
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Section 503.061 is $20 a year; and |
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(2) a dealer's temporary license plate issued under |
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Section 503.062 is $10. |
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SECTION 10. Sections 503.038(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) The department may cancel a dealer's general |
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distinguishing number if the dealer: |
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(1) falsifies or forges a title document, including an |
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affidavit making application for a certified copy of a title; |
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(2) files a false or forged tax document, including a |
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sales tax affidavit; |
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(3) fails to take assignment of any basic evidence of |
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ownership, including a certificate of title or manufacturer's |
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certificate, for a vehicle the dealer acquires; |
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(4) fails to assign any basic evidence of ownership, |
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including a certificate of title or manufacturer's certificate, for |
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a vehicle the dealer sells; |
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(5) uses or permits the use of a [metal] dealer's |
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license plate [or a dealer's temporary tag] on a vehicle that the |
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dealer does not own or control or that is not in stock and offered |
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for sale; |
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(6) makes a material misrepresentation in an |
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application or other information filed with the department; |
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(7) fails to maintain the qualifications for a general |
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distinguishing number; |
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(8) fails to provide to the department within 30 days |
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after the date of demand by the department satisfactory and |
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reasonable evidence that the person is regularly and actively |
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engaged in business as a wholesale or retail dealer; |
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(9) has been licensed for at least 12 months and has |
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not assigned at least five vehicles during the previous 12-month |
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period; |
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(10) has failed to demonstrate compliance with |
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Sections 23.12, 23.121, and 23.122, Tax Code; |
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(11) uses or allows the use of the dealer's general |
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distinguishing number or the location for which the general |
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distinguishing number is issued to avoid the requirements of this |
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chapter; or |
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(12) [misuses or allows the misuse of a temporary tag |
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authorized under this chapter; |
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[(13) refuses to show on a buyer's temporary tag the |
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date of sale or other reasonable information required by the |
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department; or |
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[(14)] otherwise violates this chapter or a rule |
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adopted under this chapter. |
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(c) A person whose general distinguishing number is |
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canceled under this chapter shall surrender to a representative of |
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the department each license, license plate, [temporary tag,] |
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sticker, and receipt issued under this chapter not later than the |
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10th day after the date the general distinguishing number is |
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canceled. The department shall direct any peace officer or |
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designated department employee to secure and return to the |
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department any plate, [tag,] sticker, or receipt of a person who |
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does not comply with this subsection. |
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SECTION 11. The heading to Subchapter C, Chapter 503, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER C. LICENSE PLATES [AND TAGS] |
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SECTION 12. Section 503.061(a), Transportation Code, is |
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amended to read as follows: |
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(a) Instead of registering under Chapter 502 a vehicle that |
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the dealer owns, operates, or permits to be operated on a public |
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street or highway, the dealer may apply for, receive, and attach |
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[metal] dealer's license plates to the vehicle if it is the type of |
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vehicle: |
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(1) that the dealer sells; and |
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(2) for which the dealer has been issued a general |
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distinguishing number. |
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SECTION 13. Sections 503.0618(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) Instead of registering under Chapter 502 a vehicle that |
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a converter operates or permits to be operated on a public street or |
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highway, the converter may apply for, receive, and attach [metal] |
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converter's license plates to the vehicle if it is the type of |
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vehicle that the converter is engaged in the business of assembling |
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or modifying. |
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(c) The fee for a [metal] converter's license plate is $20 a |
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year. |
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SECTION 14. The heading to Section 503.062, Transportation |
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Code, is amended to read as follows: |
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Sec. 503.062. DEALER'S TEMPORARY LICENSE PLATE [TAGS]. |
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SECTION 15. Section 503.062(a), Transportation Code, is |
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amended to read as follows: |
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(a) A dealer may issue a temporary license plate [tag] for |
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use on an unregistered vehicle by the dealer or the dealer's |
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employees only to: |
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(1) demonstrate or cause to be demonstrated to a |
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prospective buyer the vehicle for sale purposes only; |
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(2) convey or cause to be conveyed the vehicle: |
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(A) from one of the dealer's places of business |
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in this state to another of the dealer's places of business in this |
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state; |
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(B) from the dealer's place of business to a |
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place the vehicle is to be repaired, reconditioned, or serviced; |
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(C) from the state line or a location in this |
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state where the vehicle is unloaded to the dealer's place of |
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business; |
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(D) from the dealer's place of business to a |
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place of business of another dealer; |
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(E) from the point of purchase by the dealer to |
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the dealer's place of business; or |
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(F) to road test the vehicle; or |
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(3) use the vehicle for or allow its use by a |
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charitable organization. |
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SECTION 16. Section 503.063, Transportation Code, is |
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amended to read as follows: |
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Sec. 503.063. DEALER-ISSUED LICENSE PLATES FOR BUYER |
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[BUYER'S TEMPORARY TAGS]. (a) Except as provided by this section, |
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a dealer shall issue to a person who buys a vehicle: |
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(1) a license plate or set of license plates, if a |
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license plate is required by law to be displayed on [one temporary |
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buyer's tag for] the vehicle; and |
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(2) a completed and signed form required by, as |
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applicable, Section 503.0631(c) or (d). |
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(b) A license plate or set of license plates issued under |
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this section [Except as provided by this section, the buyer's tag] |
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is valid for the operation of the vehicle while the registration |
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application submitted by the dealer on behalf of the buyer under |
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Section 501.0234 is pending [until the earlier of: |
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[(1) the date on which the vehicle is registered; or |
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[(2) the 60th day after the date of purchase]. |
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(c) Except as otherwise provided by this subsection, at the |
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time of issuance of a license plate or set of license plates under |
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this section, the [The] dealer[: |
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[(1) must show in ink on the buyer's tag the actual date |
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of sale and any other required information; and |
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[(2)] is responsible for displaying the license plate |
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or set of license plates in compliance with department rules [tag]. |
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If a vehicle is a passenger car or light truck that is not equipped |
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by the manufacturer with an exterior front feature to which a |
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license plate may be fastened without drilling through the exterior |
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of the vehicle, the dealer shall affix the rear license plate in |
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compliance with department rules and provide the unmounted |
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remaining license plate to the vehicle buyer. |
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(d) The dealer is responsible for the safekeeping and |
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distribution of each license plate or set of license plates |
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[buyer's tag] the dealer obtains from the department. The dealer is |
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liable for missing or misused license plates. The department may |
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conduct a review of a dealer's compliance with this subsection. |
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(e) A dealer shall obtain license plates and sets of license |
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plates from the [The] department in the manner provided by |
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department rules [may not issue a buyer's tag or contract for the |
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issuance of a buyer's tag but shall prescribe: |
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[(1) the specifications, color, and form of a buyer's |
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tag; and |
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[(2) procedures for a dealer to: |
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[(A) generate a vehicle-specific number using |
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the database developed under Section 503.0631 and assign it to each |
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tag; |
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[(B) generate a vehicle-specific number using |
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the database developed under Section 503.0631 for future use for |
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when a dealer is unable to access the Internet at the time of sale; |
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and |
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[(C) clearly display the vehicle-specific number |
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on the tag]. |
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(f) The department shall ensure that a dealer may obtain |
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[generate] in advance a sufficient amount of license plates or sets |
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of license plates [vehicle-specific numbers under Subsection |
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(e)(2)(B)] in order to continue selling vehicles without an |
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unreasonable disruption of business due to the unavailability of |
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license plates [for a period of up to one week in which a dealer is |
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unable to access the Internet due to an emergency]. The department |
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shall establish an expedited procedure to allow a dealer [affected |
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dealers] to obtain [apply for] additional license plates or sets of |
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license plates [vehicle-specific numbers] so the dealer [they] may |
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remain in business [during an emergency]. |
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(g) For each license plate or set of license plates issued |
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to a buyer under this section, the [buyer's temporary tag, a] dealer |
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shall charge the buyer a registration fee [of not more than $5 as] |
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prescribed by the department to be sent to the comptroller for |
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deposit to the credit of the Texas Department of Motor Vehicles |
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fund. |
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(h) A federal, state, or local governmental agency that is |
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exempt under Section 503.024 from the requirement to obtain a |
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dealer general distinguishing number may issue one license plate or |
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set of license plates [temporary buyer's tag] in accordance with |
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this section for a vehicle sold or otherwise disposed of by the |
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governmental agency under Chapter 2175, Government Code, or other |
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law that authorizes the governmental agency to sell or otherwise |
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dispose of the vehicle. A governmental agency that issues a license |
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plate or set of license plates [temporary buyer's tag] under this |
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subsection: |
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(1) is subject to the provisions of Section [Sections] |
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503.0631 [and 503.067] applicable to a dealer; and |
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(2) is not required to charge the registration fee |
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under Subsection (g). |
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(i) A vehicle may be issued and display a temporary license |
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plate under this section [buyer's tag] without satisfying the |
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inspection requirements of Chapter 548 if: |
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(1) the buyer of the vehicle is not a resident of this |
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state; and |
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(2) the vehicle: |
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(A) at the time of purchase, is not located or |
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required to be titled or registered in this state; |
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(B) will be titled and registered in accordance |
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with the laws of the buyer's state of residence; and |
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(C) will be inspected in accordance with the laws |
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of the buyer's state of residence, if the laws of that state require |
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inspection. |
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(i-1) A temporary license plate issued to a vehicle |
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described by Subsection (i) is valid for 60 days. |
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(j) A vehicle may be issued and display a license plate or |
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set of license plates under this section [buyer's tag] without |
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satisfying the inspection requirements of Chapter 548 if the |
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vehicle is purchased at public auction in this state and is: |
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(1) an antique vehicle as defined by Section |
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683.077(b); or |
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(2) a special interest vehicle as defined by Section |
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683.077(b) that: |
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(A) is at least 12 years of age; and |
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(B) has been the subject of a retail sale. |
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(k) A dealer may not issue a license plate or set of license |
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plates for a vehicle that is exempt from the payment of registration |
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fees under Subchapter J, Chapter 502, until the department approves |
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the application for registration of the vehicle. |
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SECTION 17. The heading to Section 503.0631, Transportation |
|
Code, is amended to read as follows: |
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Sec. 503.0631. [BUYER'S TEMPORARY TAG] DATABASE OF |
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DEALER-ISSUED LICENSE PLATES. |
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SECTION 18. Section 503.0631, Transportation Code, is |
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amended by amending Subsections (a), (b), (c), and (d) and adding |
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Subsections (c-1), (d-1), and (d-2) to read as follows: |
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(a) The department shall develop, manage, and maintain a |
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secure, real-time database of information on buyers [persons] to |
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whom dealers issue a license plate or set of license plates under |
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Section 503.063 or 503.065 [temporary buyer's tags are issued] that |
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may be used by a law enforcement agency in the same manner that the |
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agency uses vehicle registration information. |
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(b) The database must allow law enforcement agencies to use |
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the information required to be included on a license plate [a |
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vehicle-specific number assigned to and displayed on the tag as |
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required by Section 503.063(e)(2)] to obtain information about the |
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person to whom the license plate [tag] was issued. |
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(c) Except as provided by Subsection (d), before a license |
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plate or set of license plates issued under Section 503.063 or |
|
503.065 [buyer's temporary tag] may be displayed on a vehicle, a |
|
dealer must, as prescribed by the department: |
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(1) enter into the database through the Internet |
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information about the buyer of the vehicle for which the license |
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plate or set of license plates [tag] was issued; [as prescribed by |
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the department] and |
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(2) complete and sign a form prescribed by the |
|
department stating that the dealer entered the buyer's information |
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into the database as required by Subdivision (1) [generate a |
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vehicle-specific number for the tag as required by Section |
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503.063(e)]. |
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(c-1) Except as provided by Section 503.0633(f) |
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[506.0632(f)], the department may not deny access to the database |
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to any dealer who holds a general distinguishing number issued |
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under this chapter or who is licensed under Chapter 2301, |
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Occupations Code. |
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(d) A dealer shall obtain 24-hour Internet access at its |
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place of business, but if the dealer is unable to access the |
|
Internet at the time of the sale of a vehicle, the dealer shall |
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complete and sign a form, as prescribed by the department, that |
|
states the dealer has Internet access, but was unable to access the |
|
Internet at the time of sale to enter the buyer's information into |
|
the database as required by Subsection (c). [The buyer shall keep |
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the original copy of the form in the vehicle until the vehicle is |
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registered to the buyer.] Not later than the next business day |
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after the time of sale, the dealer shall submit the information |
|
required under Subsection (c). |
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(d-1) The forms prescribed by the department under |
|
Subsections (c) and (d) must contain a notice to the buyer |
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describing the procedure by which the vehicle's registration |
|
insignia will be provided to the buyer. |
|
(d-2) Until a vehicle displaying a license plate or set of |
|
license plates issued under Section 503.063 is registered to the |
|
buyer, the buyer shall keep in the vehicle the original copy of the |
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form provided by the dealer as required by, as applicable, |
|
Subsection (c) or (d). |
|
SECTION 19. Subchapter C, Chapter 503, Transportation Code, |
|
is amended by adding Section 503.0633 to read as follows: |
|
Sec. 503.0633. DEPARTMENT REGULATION OF DEALER-ISSUED |
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LICENSE PLATES AND ACCESS TO DATABASE OF DEALER-ISSUED LICENSE |
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PLATES. (a) The department by rule may establish the maximum |
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number of license plates or sets of license plates that a dealer may |
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obtain in a calendar year under Sections 503.063 and 503.065. |
|
(b) The maximum number of license plates or sets of license |
|
plates that the department determines a dealer may obtain under |
|
this section must be based on the dealer's anticipated need for |
|
license plates and sets of license plates, taking into |
|
consideration: |
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(1) the dealer's: |
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(A) time in operation; |
|
(B) sales data; and |
|
(C) expected growth; |
|
(2) expected changes in the dealer's market; |
|
(3) temporary conditions that may affect sales by the |
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dealer; and |
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(4) any other information the department considers |
|
relevant. |
|
(c) At the request of a dealer, the department may authorize |
|
additional license plates or sets of license plates for the dealer |
|
if the dealer demonstrates a need for additional license plates or |
|
sets of license plates resulting from business operations, |
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including anticipated need. |
|
(d) The department's denial of a request under Subsection |
|
(c) may be overturned if a dealer shows by a preponderance of the |
|
evidence the need for additional license plates or sets of license |
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plates. |
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(e) The department shall monitor the number of license |
|
plates and sets of license plates obtained by a dealer. |
|
(f) If the department determines that a dealer is |
|
fraudulently obtaining license plates or sets of license plates or |
|
fraudulently using the database of dealer-issued license plates, |
|
the department may, after giving notice electronically and by |
|
certified mail to the dealer, deny access to the database of |
|
dealer-issued license plates to the dealer. A dealer denied access |
|
to the database of dealer-issued license plates under this |
|
subsection may request a hearing on the denial as provided by |
|
Subchapter O, Chapter 2301, Occupations Code. |
|
SECTION 20. Sections 503.065(a), (b), (c), (d), and (e), |
|
Transportation Code, are amended to read as follows: |
|
(a) The department may issue or cause to be issued to a |
|
person a temporary metal license plate authorizing the person to |
|
operate a new unregistered vehicle on a public highway of this state |
|
if the person: |
|
(1) buys the vehicle from a dealer outside this state |
|
and intends to drive the vehicle from the dealer's place of |
|
business; or |
|
(2) buys the vehicle from a dealer in this state but |
|
intends to drive the vehicle from the manufacturer's place of |
|
business outside this state. |
|
(b) The department may not issue a [temporary] license plate |
|
under this section to a manufacturer or dealer of a motor vehicle, |
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trailer, or semitrailer or to a representative of such a dealer. |
|
(c) A person may not use a [temporary] license plate issued |
|
under this section on a vehicle transporting property. |
|
(d) A [temporary] license plate issued under this section |
|
expires on [not later than] the 60th [30th] day after the date on |
|
which it is issued. The department shall place or cause to be |
|
placed on the license plate at the time of issuance the date of |
|
expiration and the type of vehicle for which the license plate is |
|
issued. |
|
(e) The fee for a [temporary] license plate issued under |
|
this section is $3. Only one license plate may be issued for each |
|
vehicle. |
|
SECTION 21. Section 503.066(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) A [metal] license plate issued under Section 503.061, |
|
503.062, or 503.064 [this chapter] expires on the same date as the |
|
expiration of the license under which it is issued. |
|
SECTION 22. Subchapter C, Chapter 503, Transportation Code, |
|
is amended by adding Section 503.0671 to read as follows: |
|
Sec. 503.0671. UNAUTHORIZED USE OR DISTRIBUTION OF |
|
DEALER-ISSUED LICENSE PLATE. (a) A person may not operate in |
|
violation of this chapter or Chapter 502 a vehicle that displays a |
|
dealer-issued license plate or set of license plates. |
|
(b) A person may not sell or distribute a dealer-issued |
|
license plate or set of license plates or an item represented to be |
|
a dealer-issued license plate or set of license plates unless the |
|
person is a dealer issuing the license plate or set of license |
|
plates in connection with the sale of a vehicle. |
|
SECTION 23. The heading to Section 503.068, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 503.068. LIMITATION ON USE OF DEALER'S LICENSE PLATES |
|
[AND TAGS]. |
|
SECTION 24. Sections 503.068(b), (c), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(b) A person may not use a metal dealer's license plate [or |
|
dealer's temporary tag] on: |
|
(1) a service or work vehicle, except as provided by |
|
Subsection (b-1); or |
|
(2) a commercial vehicle that is carrying a load. |
|
(c) For purposes of this section, a boat trailer carrying a |
|
boat is not a commercial vehicle carrying a load. A dealer |
|
complying with this chapter may affix to the rear of a boat trailer |
|
the dealer owns or sells a metal dealer's license plate issued under |
|
Section 503.061 or a license plate [temporary tag] issued by a |
|
dealer under Section [503.061, 503.062, or] 503.063 or 503.065. |
|
(d) This section does not prohibit the operation or |
|
conveyance of an unregistered vehicle using the full-mount method, |
|
saddle-mount method, tow-bar method, or a combination of those |
|
methods in accordance with Section [503.062 or] 503.063. |
|
SECTION 25. The heading to Section 503.069, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 503.069. DISPLAY OF LICENSE PLATES [AND TAGS]. |
|
SECTION 26. Section 503.069(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A license plate, other than an in-transit license plate, |
|
[or a temporary tag] issued under this chapter shall be displayed in |
|
accordance with commission rules. |
|
SECTION 27. The heading to Section 504.901, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 504.901. TRANSFER [AND REMOVAL] OF LICENSE PLATES. |
|
SECTION 28. Section 504.901, Transportation Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(b-1) to read as follows: |
|
(a) On the sale or transfer of a motor vehicle to a dealer |
|
who holds a general distinguishing number issued under Chapter 503, |
|
the dealer shall remove each license plate issued for the motor |
|
vehicle. Each license plate issued for the motor vehicle shall be |
|
assigned to a subsequent purchaser of the motor vehicle at retail |
|
sale as required by Section 503.063. [A person may use the license |
|
plates removed from a motor vehicle on a new motor vehicle purchased |
|
from a dealer after the person obtains the department's approval of |
|
a title and registration application.] |
|
(b) On the sale or transfer of a motor vehicle to a person |
|
who does not hold a general distinguishing number issued under |
|
Chapter 503, [the seller may remove] each license plate issued for |
|
the motor vehicle shall remain with the motor vehicle. [The license |
|
plates may be transferred to another vehicle titled in the seller's |
|
name if the seller obtains: |
|
[(1) the department's approval of an application to |
|
transfer the license plates; and |
|
[(2) a new registration insignia for the motor |
|
vehicle.] |
|
(b-1) The purchaser of a motor vehicle may request |
|
replacement license plates under Section 504.007. |
|
SECTION 29. Subchapter A, Chapter 520, Transportation Code, |
|
is amended by adding Section 520.0055 to read as follows: |
|
Sec. 520.0055. DUTIES OF MOTOR VEHICLE DEALERS. A motor |
|
vehicle dealer shall use the electronic system designed by the |
|
department and made available by a county assessor-collector under |
|
Section 520.005 to submit a title and registration application in |
|
the name of the purchaser of a motor vehicle. |
|
SECTION 30. Section 548.052, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This |
|
chapter does not apply to: |
|
(1) a trailer, semitrailer, pole trailer, or mobile |
|
home moving under or bearing a current factory-delivery license |
|
plate or current in-transit license plate; |
|
(2) a vehicle moving under or bearing a [paper dealer |
|
in-transit tag,] machinery license, disaster license, parade |
|
license, prorate tab, one-trip permit, vehicle temporary transit |
|
permit, antique license, custom vehicle license, street rod |
|
license, temporary 24-hour permit, or permit license; |
|
(3) a trailer, semitrailer, pole trailer, or mobile |
|
home having an actual gross weight or registered gross weight of |
|
7,500 pounds or less; |
|
(4) farm machinery, road-building equipment, a farm |
|
trailer, or a vehicle required to display a slow-moving-vehicle |
|
emblem under Section 547.703; |
|
(5) a former military vehicle, as defined by Section |
|
504.502; |
|
(6) a vehicle qualified for a tax exemption under |
|
Section 152.092, Tax Code; or |
|
(7) a vehicle for which a certificate of title has been |
|
issued but that is not required to be registered, including an |
|
off-highway vehicle registered under Section 502.140(c). |
|
SECTION 31. Section 601.002(12), Transportation Code, is |
|
amended to read as follows: |
|
(12) "Vehicle registration" means: |
|
(A) a registration certificate, registration |
|
receipt, or number plate issued under Chapter 502; or |
|
(B) a dealer's license plate [or temporary tag] |
|
issued under Chapter 503. |
|
SECTION 32. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Section 502.092; |
|
(2) Section 502.477; |
|
(3) Section 503.062(d); |
|
(4) Section 503.0625; |
|
(5) Section 503.0626; |
|
(6) Section 503.0632; |
|
(7) Section 503.067; |
|
(8) Section 503.068(a); |
|
(9) Section 503.094(d); and |
|
(10) Sections 504.901(c), (d), and (e). |
|
SECTION 33. The changes in law made by this Act apply only |
|
to an offense committed on or after July 1, 2025. An offense |
|
committed before July 1, 2025, is governed by the law in effect on |
|
the date the offense was committed, and the former law is continued |
|
in effect for that purpose. For purposes of this section, an |
|
offense was committed before July 1, 2025, if any element of the |
|
offense was committed before that date. |
|
SECTION 34. The Texas Department of Motor Vehicles may |
|
adopt rules necessary to implement or administer the changes in law |
|
made by this Act. Rules adopted under this section must be adopted |
|
not later than December 1, 2024. |
|
SECTION 35. To the extent of any conflict, this Act prevails |
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 36. This Act takes effect July 1, 2025. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 718 was passed by the House on May 2, |
|
2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 718 on May 26, 2023, by the following vote: Yeas 137, Nays 0, 1 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 718 was passed by the Senate, with |
|
amendments, on May 24, 2023, by the following vote: Yeas 29, Nays |
|
2. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |