1-1  By:  Carona, Hilbert (Senate Sponsor - Henderson)     H.B. No. 1225
    1-2        (In the Senate - Received from the House May 8, 1995;
    1-3  May 9, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 16, 1995, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 16, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to registration and insurance requirements for a former
    1-9  military vehicle.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 5a, Chapter 88, General Laws, Acts of the
   1-12  41st Legislature, 2nd Called Session, 1929 (Article 6675a-5a,
   1-13  Vernon's Texas Civil Statutes), is amended by amending Subsections
   1-14  (a), (b), and (d) and adding Subsection (h) to read as follows:
   1-15        (a)  Passenger cars, trucks, and motorcycles that are
   1-16  twenty-five (25) or more years old and former military vehicles<,>
   1-17  shall be excepted from the annual license fee for registration
   1-18  otherwise provided by law upon written, sworn application by the
   1-19  owner thereof on a form furnished by the Department.  Such
   1-20  application for a passenger car, truck, or motorcycle shall show
   1-21  the make, body style, motor number, and age of the vehicle.  An
   1-22  application for a former military vehicle shall include the
   1-23  vehicle's year of manufacture and a description of the vehicle
   1-24  containing information required by the Department.  Each
   1-25  application shall include <, and> any other information required by
   1-26  the Department, and shall also state that the vehicle is a
   1-27  collector's item and will be used solely for exhibitions, club
   1-28  activities, parades, and other functions of public interest, and in
   1-29  no case for regular transportation, and will carry no advertising.
   1-30        (b)  The Department shall issue license plates which shall
   1-31  contain the words "Antique Auto," "Antique Truck," or "Antique
   1-32  Motorcycle" and which are valid for a maximum period of five (5)
   1-33  years.  Alternatively, the Department may allow antique license
   1-34  plates to be used on an antique vehicle if the owner of the vehicle
   1-35  presents the antique license plates to the Department for approval
   1-36  and the antique license plates were issued by this state in the
   1-37  same year as the model year of the vehicle.  If antique license
   1-38  plates are used on a vehicle, the Department shall issue to the
   1-39  owner a symbol, valid for a maximum period of five (5) years, to be
   1-40  placed on one of the license plates, as determined by the
   1-41  Department, designating the year in which the vehicle was
   1-42  registered under this section.  A former military vehicle operated
   1-43  on a public highway is not required to display license plates or
   1-44  any symbol, tab, or other device indicating registration of the
   1-45  vehicle if proof of current registration for the vehicle, in the
   1-46  form prescribed by the Department, is carried in the vehicle and
   1-47  the vehicle displays in a prominent location on the vehicle a
   1-48  registration mark prescribed by the Department.  The Department
   1-49  shall allow use of a unique identification mark similar to the mark
   1-50  assigned that vehicle by the armed force in which the vehicle was
   1-51  used.  If such a mark is not used, the Department shall designate a
   1-52  registration mark consisting of numbers, letters, or numbers and
   1-53  letters in combination, at least two inches in height.  To the
   1-54  extent possible, the location and design of the registration mark
   1-55  under this subsection must conform to the vehicle's official
   1-56  military design and markings.
   1-57        (d)  On application and payment of the proper fee to the
   1-58  County Tax Assessor-Collector of the county in which the owner
   1-59  resides, the Department shall furnish such license plates or a
   1-60  symbol, if applicable, and receipts which shall be issued to the
   1-61  owner.  Any required <and such> plates or symbol shall be valid
   1-62  without renewal for the period for which the vehicle is registered,
   1-63  provided such vehicle continues to be owned by the same owner.
   1-64        (h)  In this section, "former military vehicle" means a
   1-65  vehicle that:
   1-66              (1)  has been, but no longer is, used by the armed
   1-67  forces of a national government; and
   1-68              (2)  displays markings indicating it was a military
    2-1  vehicle.
    2-2        SECTION 2.  The Certificate of Title Act (Article 6687-1,
    2-3  Vernon's Texas Civil Statutes) is amended by adding Section 29A to
    2-4  read as follows:
    2-5        Sec. 29A.  Notwithstanding any other law, a certificate of
    2-6  title shall be issued for a former military vehicle, as defined by
    2-7  Section 5a(h), Chapter 88, General Laws, Acts of the 41st
    2-8  Legislature, 2nd Called Session, 1929 (Article 6675a-5a, Vernon's
    2-9  Texas Civil Statutes), regardless of whether the vehicle is
   2-10  registered under the laws of this state, if the requirements for
   2-11  issuance of a certificate of title, other than the registration
   2-12  requirement, are satisfied.
   2-13        SECTION 3.  Section 140(h), Uniform Act Regulating Traffic on
   2-14  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   2-15  to read as follows:
   2-16        (h)  The provisions of this article <Act> shall not apply to
   2-17  the vehicles referred to in Subsection (a) of this Section when
   2-18  moving under or bearing current "Factory-Delivery License Plates"
   2-19  or current "In-transit License Plates."   Nor shall the provisions
   2-20  of this article <Act> apply to farm machinery, road-building
   2-21  equipment, farm trailers, paper dealer in-transit tag, machinery
   2-22  license, disaster license, parade license, prorate tabs, one-trip
   2-23  permits, antique license, temporary 24-hour permits, permit
   2-24  license, and all other vehicles required to have a
   2-25  slow-moving-vehicle emblem under Section 139B <139(b)> of this Act,
   2-26  or to former military vehicles, as defined by Section 5a(h),
   2-27  Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
   2-28  Session, 1929 (Article 6675a-5a, Vernon's Texas Civil Statutes).
   2-29        SECTION 4.  Subsection (b-2), Section 1A, Texas Motor Vehicle
   2-30  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   2-31  Statutes), is amended to read as follows:
   2-32        (b-2)  A motor vehicle that is 25 or more years old or a
   2-33  former military vehicle, as defined by Section 5a(h), Chapter 88,
   2-34  General Laws, Acts of the 41st Legislature, 2nd Called Session,
   2-35  1929 (Article 6675a-5a, Vernon's Texas Civil Statutes), is exempt
   2-36  from the requirement of Subsection (a) of this section if:
   2-37              (1)  the vehicle is used only for exhibitions, club
   2-38  activities, parades, and other functions of public interest and
   2-39  will not be used for regular transportation; and
   2-40              (2)  the owner of the vehicle files with the Department
   2-41  a sworn affidavit, signed by the owner, stating that the vehicle is
   2-42  a collector's item and will be used solely for the purposes listed
   2-43  in Subdivision (1) of this subsection.
   2-44        SECTION 5.  The changes in law made by this Act to Section
   2-45  5a, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd
   2-46  Called Session, 1929 (Article 6675a-5a, Vernon's Texas Civil
   2-47  Statutes), apply only to a vehicle registration period beginning on
   2-48  or after the effective date of this Act.
   2-49        SECTION 6.  This Act takes effect September 1, 1995.
   2-50        SECTION 7.  The importance of this legislation and the
   2-51  crowded condition of the calendars in both houses create an
   2-52  emergency and an imperative public necessity that the
   2-53  constitutional rule requiring bills to be read on three several
   2-54  days in each house be suspended, and this rule is hereby suspended.
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