1-1 By: Gutierrez (Senate Sponsor - Patterson) H.B. No. 247
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on State
1-4 Affairs; May 5, 1995, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to various types of armed forces license plates that may
1-9 be issued to a person.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 5k(a), (b), and (d), Chapter 88, General
1-12 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-13 (Article 6675a-5k, Vernon's Texas Civil Statutes), are amended to
1-14 read as follows:
1-15 (a) The department shall design and provide for the issuance
1-16 of special license plates depicting the state capitol for passenger
1-17 cars and light commercial motor vehicles having a manufacturer's
1-18 rated carrying capacity of one ton or less and shall design and
1-19 provide for the issuance of special license plates for those
1-20 vehicles that are owned by persons who are:
1-21 (1) active or retired members or honorably discharged
1-22 veterans of a branch of the armed forces of the United States;
1-23 (2) the surviving spouses of individuals killed in
1-24 action while serving in the armed forces of the United States, as
1-25 long as the surviving spouse remains unmarried;
1-26 (3) survivors of the attack on Pearl Harbor on
1-27 December 7, 1941, or their surviving spouses who have not
1-28 remarried;
1-29 (4) recipients of the Purple Heart medal or
1-30 recipients' surviving spouses who have not remarried;
1-31 (5) members of the United States Air Force Auxiliary,
1-32 Civil Air Patrol, members of the United States Coast Guard
1-33 Auxiliary, or members of the Marine Corps League or its auxiliary;
1-34 (6) persons who served in a branch of the armed forces
1-35 of the United States after December 6, 1941, and before January 1,
1-36 1947;
1-37 (7) persons who served in a branch of the armed forces
1-38 of the United States after June 26, 1950, and before February 1,
1-39 1955;
1-40 (8) persons who served in a branch of the armed forces
1-41 of the United States after August 4, 1964, and before May 8, 1975,
1-42 or their surviving spouses; or
1-43 (9) persons who served in a branch of the armed forces
1-44 of the United States, were deployed to the Middle East, and there
1-45 participated in Operation Desert Shield or Desert Storm.
1-46 (b) License plates issued to a member or veteran of a branch
1-47 of the armed forces, or to the individual's surviving spouse as
1-48 provided by Subsection (a)(2) of this section, shall bear the
1-49 designation of the appropriate branch of the armed forces. License
1-50 plates issued to Pearl Harbor survivors or their surviving spouses
1-51 who have not remarried shall bear the words "Pearl Harbor Survivor"
1-52 and shall be numbered consecutively. License plates issued to
1-53 recipients, or surviving spouses of recipients, of the Purple Heart
1-54 medal shall bear the Purple Heart emblem, shall bear the words
1-55 "Purple Heart" at the bottom of each plate, and if numbered plates
1-56 are issued, shall bear the letters "PH" as the prefix or suffix to
1-57 the assigned number. License plates issued to members of the civil
1-58 air patrol shall bear the words "Texas Wing Civil Air Patrol."
1-59 License plates issued to members of the Coast Guard Auxiliary shall
1-60 bear the words "Coast Guard Auxiliary." License plates issued to
1-61 members of the Marine Corps League or its auxiliary shall bear the
1-62 words "Marine Corps League" and the emblem of the Marine Corps
1-63 League. License plates issued to persons who served in a branch of
1-64 the armed forces of the United States after December 6, 1941, and
1-65 before January 1, 1947, shall bear the words "WWII Veteran."
1-66 License plates issued to persons who served in a branch of the
1-67 armed forces of the United States after June 26, 1950, and before
1-68 February 1, 1955, shall bear the words "Korea Veteran." License
2-1 plates issued to persons who served in a branch of the armed forces
2-2 of the United States after August 4, 1964, and before May 8, 1975,
2-3 or their surviving spouses, shall bear the words "Vietnam Veteran."
2-4 License plates issued to persons who served in a branch of the
2-5 armed forces of the United States, were deployed to the Middle
2-6 East, and there participated in Operation Desert Shield or Desert
2-7 Storm shall bear the words "Desert Storm."
2-8 (d) A person who applies for:
2-9 (1) armed forces, Coast Guard Auxiliary, Civil Air
2-10 Patrol, or Marine Corps League license plates must submit proof
2-11 that the person is eligible to receive the plates;
2-12 (2) Pearl Harbor license plates must submit proof that
2-13 the person:
2-14 (A) served in the armed forces of the United
2-15 States;
2-16 (B) was stationed in the Hawaiian Islands on
2-17 December 7, 1941; and
2-18 (C) survived the attack on Pearl Harbor on
2-19 December 7, 1941; or
2-20 (D) is the surviving spouse of an individual who
2-21 meets the requirements of Paragraphs (A), (B), and (C) of this
2-22 subdivision;
2-23 (3) Purple Heart license plates must submit proof that
2-24 the person:
2-25 (A) has been awarded the Purple Heart medal and
2-26 is:
2-27 (i) an honorably discharged veteran of the
2-28 armed forces of the United States; or
2-29 (ii) a member of the armed forces of the
2-30 United States on active duty; or
2-31 (B)(i) is the surviving spouse of a recipient of
2-32 the Purple Heart medal who was an honorably discharged veteran of
2-33 the armed forces of the United States or a member of the armed
2-34 forces of the United States on active duty on the date of death;
2-35 and
2-36 (ii) has not remarried;
2-37 (4) World War II veteran license plates must submit
2-38 proof that the person served in a branch of the armed forces of the
2-39 United States after December 6, 1941, and before January 1, 1947,
2-40 and is an honorably discharged veteran of the armed forces of the
2-41 United States;
2-42 (5) Korean conflict veteran license plates must submit
2-43 proof that the person served in a branch of the armed forces of the
2-44 United States after June 26, 1950, and before February 1, 1955, and
2-45 is an honorably discharged veteran of the armed forces of the
2-46 United States;
2-47 (6) Vietnam veteran license plates must submit proof
2-48 that the person served in a branch of the armed forces of the
2-49 United States after August 4, 1964, and before May 8, 1975, and:
2-50 (A) is an honorably discharged veteran of the
2-51 armed forces of the United States; <or>
2-52 (B) is a member of the armed forces of the
2-53 United States on active duty; or
2-54 (C) is the surviving spouse of an individual who
2-55 meets the requirements of Paragraph (A) or (B) of this subdivision;
2-56 and
2-57 (7) Desert Storm license plates must submit proof that
2-58 the person served in a branch of the armed forces of the United
2-59 States, was deployed to the Middle East, and there participated in
2-60 Operation Desert Shield or Desert Storm and:
2-61 (A) is an honorably discharged veteran of the
2-62 armed forces or reserve component of the armed forces of the United
2-63 States; or
2-64 (B) is a member of the armed forces of the
2-65 United States, a member of the Texas Army National Guard, a member
2-66 of the Texas Air National Guard, or a member of a reserve component
2-67 of the United States armed forces.
2-68 SECTION 2. Sections 5k(f), (g), and (l), Chapter 88, General
2-69 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
2-70 (Article 6675a-5k, Vernon's Texas Civil Statutes), are amended to
3-1 read as follows:
3-2 (f) The fee for issuance of special license plates under
3-3 this section, other than license plates depicting the capitol,
3-4 Purple Heart license plates, and Pearl Harbor license plates, is
3-5 $10 a year for the first set and $15 a year for each additional
3-6 set. The fee for Purple Heart license plates and Pearl Harbor
3-7 license plates is $3 a year for the first set and $15 a year for
3-8 each additional set. The fee for license plates depicting the
3-9 capitol is $30 a year. Except as provided by Subsection (g) of
3-10 this section, a fee imposed under this subsection is in addition to
3-11 the motor vehicle registration fee imposed by Section 5 of this
3-12 Act, and if personalized prestige license plates are issued, in
3-13 addition to the fee imposed by Section 5c of this Act.
3-14 (g) A vehicle for which Pearl Harbor license plates or
3-15 Purple Heart license plates are issued under this section is exempt
3-16 from the motor vehicle registration fee imposed by Section 5 of
3-17 this Act and any additional county fee imposed under Section 9a of
3-18 this Act, except that a person is entitled to only one exemption
3-19 under this subsection regardless of the number of sets of plates
3-20 the person is issued.
3-21 (l) A person may <only> be issued one or more sets <set> of
3-22 armed forces license plates, one or more sets <set> of civil air
3-23 patrol license plates, one or more sets <set> of Pearl Harbor
3-24 license plates, one or more sets <set> of Coast Guard Auxiliary
3-25 license plates, one or more sets <set> of World War II veteran
3-26 license plates, one or more sets <set> of Korea veteran license
3-27 plates, one or more sets <set> of Vietnam veteran license plates,
3-28 one or more sets <set> of Desert Storm license plates, and one or
3-29 more sets <set> of Purple Heart license plates. If the owner of a
3-30 vehicle for which plates, other than license plates depicting the
3-31 capitol, are issued under this section disposes of the vehicle
3-32 during a registration year, the person shall return the special
3-33 plates to the department, and at that time may apply for issuance
3-34 of those plates to another vehicle.
3-35 SECTION 3. The importance of this legislation and the
3-36 crowded condition of the calendars in both houses create an
3-37 emergency and an imperative public necessity that the
3-38 constitutional rule requiring bills to be read on three several
3-39 days in each house be suspended, and this rule is hereby suspended,
3-40 and that this Act take effect and be in force from and after its
3-41 passage, and it is so enacted.
3-42 * * * * *