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).