BILL ANALYSIS



H.B. 2053
By: Price
03-29-95
Committee Report (Unamended)


BACKGROUND

Article 6675a-3aa, Vernon's Texas Civil Statutes, designated
special plates for exempt vehicles.  To prevent abuse of the exempt
license plate system, certain changes should be implemented in both
the areas of initial issuance of the plate, and for plain
identification of the exempt vehicle. In addition, proper
accounting of those receiving exempt plates must be made in order
to reduce fraud and unauthorized use.

PURPOSE

The purpose of this bill is to require certification of vehicles
upon registration for exempt license plates to prevent abuse of the
exempt license plate program.  In addition, this bill strengthens
enforcement provisions to reduce unauthorized use of exempt plates
on private vehicles.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Vernon's Texas Civil Statutes, Article 6675a,
Section 3aa by adding the following:
Subsection (g)(1) provides that TxDOT is prohibited from issuing an
exempt plate unless someone qualified under Section 3(c) can
certify that the vehicle in question actually qualifies for exempt
plates.  This subsection also requires letters printed on each side
of the vehicle, in letters that are at least two inches high and of
color sufficiently different from the body of the vehicle to be
clearly legible from a distance of 100 feet, spelling out the name
of the agency, department, bureau, board, commission, or officer of
the United States, this state, or political subdivision of this
state that has custody of the vehicle.
Subsection (2) is added which prohibits TxDOT from issuing exempt
plates to vehicles owned by a person other than a government entity
unless someone authorized under Section 3(c) certifies that the
vehicle qualifies for the exempt plates and the vehicle displays
the owners name on the side of the vehicle according to (1) of this
Subsection.
Subsection (3)(A) is added to provide that a peace officer may
seize a vehicle displaying exempt plates if: (i)the vehicle is
operated on a public highway and (ii)is not properly identified as
per (1) or (2) of this subsection.
(B)is added to indicate that said peace officer who seizes a
vehicle under (3)(A) can require that: (i)the vehicle is moved to
the nearest safe place off the main-travelled highway; or (ii)the
vehicle be towed to the police impound yard.
(C)is added to indicate that in order to obtain the release of the
vehicle seized under (3)(A) of this subsection, the owner must:
(i)change the identification on the vehicle to comply with
Subdivision (1) or (2) of this subsection; or (ii)agree in writing
to provide evidence of proper identification within 10 days after
the release of the vehicle. 
Subsection (4)exempts law enforcement vehicles regulated under
Subsection (f) of this section from compliance to Subdivisions (1)
and (2) of this subsection.

SECTION 2.  Effective Date of September 1, 1995.

SECTION 3.  Emergency Clause.


SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander.  The Chair laid out H.B. 2053 and recognized
Representative Price to explain H.B. 2053.  There were no witnesses
in support of, or in opposition to H.B. 2053.  The Chair left H.B.
2053 pending before the Committee.  Pursuant to a public notice
posted on March 23, 1995, at 7:36 p.m., the House Committee on
Transportation met in a public hearing on Wednesday, March 29, 1995
at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called
to order at 2:10 p.m. by the Chair, Representative Clyde Alexander. 
The Chair laid out H.B. 2053 by Price which was pending before the
Committee.  Representative Alonzo moved that the committee report
H.B. 2053, without amendments, to the full House with the
recommendation that it do pass.  The motion prevailed by the
following vote: Ayes (6), Nayes (0), Absent (3), Present not voting
(0).