TWT H.B. 1906 75(R)BILL ANALYSIS TRANSPORTATION H.B. 1906 By: Siebert 4-15-97 Committee Report (Substituted) BACKGROUND The Texas Transportation Code defines various vehicles for which license plates are issued. Many of those definitions are not up to date with modern technology. Also, since 1969, the Legislature has directed the Texas Department of Transportation (TXDOT) by resolution to issue license plates for state officials, U.S. Judges, U.S. Congress, and state judges. Current law also limits temporary vehicle registration only at county tax offices and the TXDOT. Those needing permits after hours, on weekends and holidays are unable to obtain them. In addition, current law requires TXDOT to base registration fees for commercial vehicles solely on the manufacturer's rated carrying capacity, which is no longer the absolute industry standard. PURPOSE C.S.H.B. 1906 authorizes: (a) 72- and 144-hour permits to be issued by wire service agents; (b) the TXDOT to request the manufacturer's rated carrying capacity, nominal tonnage rating, or gross vehicle weight rating to determine the gross weight of a vehicle for fee purposes; (c) the issuance of specially designed plates for trailers, semitrailers, and token trailers; (d) the issuance of five-year plates to persons or entities that own 50 or more semitrailers; (e) the issuance of State Official, U.S. Congress, U.S. Judge, and State Judge plates; (f) expanded eligibility to Purple Heart and Disabled Veterans plates, and (g) the TXDOT to adopt rules and forms for administration of this chapter. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Texas Department of Transportation in SECTION 2, in Sec. 502.0571, Transportation Code. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 502.001, Transportation Code, as follows. Amends Subdivision (20) defining road tractor. Adds the following definitions with the corresponding subdivision number: (25) private bus, (26) rental fleet, (27) rental trailer, (28) token trailer, (29) apportioned plate, (30) combination plate, and (31) forestry vehicle. SECTION 2. Amends Subchapter B, Chapter 502, Transportation Code, by adding Sec. 502.0571 to authorize the TXDOT to adopt rules and forms for administration of this chapter. SECTION 3. Amends Subchapter D, Chapter 502, Transportation Code, by adding Sec. 502.1611 to allow the TXDOT to request any or all of the manufacturer's rated carrying capacity, nominal tonnage rating, or gross vehicle weight rating to determine the gross weight of a vehicle for fee purposes. SECTION 4. Amends Sec. 502.166, Transportation Code, by adding Subsection (d) which authorizes the TXDOT to issue specially designed plates for trailers and semitrailers. SECTION 5. Amends Sec. 502.167, Transportation Code, by adding Subsections (j) and (k) which authorizes the TXDOT to issue specially designed plates for token trailers and allows a person or entity register a trailer for five years if they own 50 or more semitrailers. The fee for the five-year registration is $75. Allows the TXDOT to require proof of eligibility. SECTION 6. Amends Sec. 502.252, Transportation Code, by authorizing issuance of personalized U.S. Olympic Committee, Military Cross or Medal of Honor and City and Private Bus license plates. SECTION 7. Amends Subchapter F, Chapter 502, Transportation Code, by adding Sec. 502.289 to authorize the TXDOT to issue city and private bus plates. SECTION 8. Amends Subchapter F, Chapter 502, Transportation Code, by adding Sec. 502.292. (a) Authorizes the TXDOT to issue license plates for: (1) state officials; (2) members of the U.S. Congress; (3) U.S. judges, or (4) state judges. (b) Requires "State Official," "U.S. Congress," "U.S. Judge," or "State Judge" to be on plates. (c) State officials can register for "State Official" plates for their own use, a passenger car or light truck if the person is: (1) member of the legislature; (2) governor, (3) lieutenant governor; (4) supreme court justice; (5) judges of the court of criminal appeals; (6) attorney general, (7) commissioner of the General Land Office; (8) comptroller; (9) railroad commissioner; (10) agriculture commissioner; (11) secretary of state; and (12) state board of education member. (d) Members of Congress can register for "U.S. Congress" plates for their own use, a passenger car or light truck. (e) A U.S. Judge or retired U.S. judge can register for "U.S. Judge" plates for their own use, a passenger car or light truck if they are: (1) a judge of the 5th Circuit Court of Appeals; (2) a federal district judge or magistrate; or (3) federal bankruptcy judge residing in Texas. (f) A state judge or retired state judge can register for "State Judge" plates for their own use, a passenger car or light truck if they are: (1) a judge of the Texas Court of Appeals; (2) a district court judge; (3) presiding judge of an administrative judicial district; or (4) statutory county court judge. (g) Requires the TXDOT to issue plates under this section to a person who: (1) applies on the prescribed form; (2) pays the required fees; and (3) submits proof of eligibility. (h) Allows a person to be issued three sets of license plates. (i) Registration is for 12 months, or remainder of that period and expires annually in March. (j) If the owner disposes of the vehicle with such license plates during the year, they must return the plates to the TXDOT. SECTION 9. Amends Sec. 502.352, Transportation Code, as follows. (a)(1) Authorizes the TXDOT to issue temporary permits to certain vehicles owned by a resident of the United Mexican States, who is subject to registration in Texas and who is not authorized to travel on a public highway because of the lack of registration. (c)(1) Expands where a person may obtain permits to include the TXDOT's wire service agents. (2) Moves permit fees from (c)(2)(A) and (B) in current law to (c)(2). Fees remain the same. Allows the fees to be paid by wire transfer through the TXDOT's wire service agents, by an escrow account; or by state-or federally-chartered or nationally-recognized credit cards. (3) Allows discount or service charge for payments by credit card or escrow account in addition to the fee. (4) Requires those seeking permits to provide evidence of financial responsibility in compliance with state law. (d) Requires wire service agents to report all permits issued the previous week. (f) Commercial motor vehicles, trailers, semitrailers or motor buses registered in a state of the United Mexican States, which are issued a temporary permit, are exempt from equipment and emissions inspections. (i) Authorizes the TXDOT to establish one or more escrow accounts for the prepayment of a 72- or 144-hour permit. SECTION 10. Amends Subchapter G, Chapter 502, by adding Sec. 502.3511 to allow the TXDOT to request the manufacturer's rated carrying capacity, nominal tonnage rating, or gross vehicle weight rating to determine the gross weight of a vehicle for fee purposes. SECTION 11. Amends Sec. 621.001, Transportation Code, to add Subdivision (10) defining travel trailer. SECTION 12. Amends Sec. 502.260(c), Transportation Code, as follows. (c)(2) Retains the three dollar fee for the first set of Purple Heart license plates. Sets a $15 fee for each additional set of plates issued. (c)(3) Adds civilians who have received the Purple Heart to the list of eligible applicants for Purple Heart license plates. SECTION 13. Amends Sec. 502.266(a), Transportation Code, by allowing surviving spouses of a person who would be eligible for Disabled Veterans license plates to continue to register one vehicle for Disabled Veterans plates as long as the spouse remains unmarried. SECTION 14. Repeals Sec. 502.280 (e), Transportation Code (Forestry Vehicles). SECTION 15. (a) In addition to substantive changes in law made by this Act, it amends Chapter 502, Transportation Code, to conform to the changes in the law made by Sections 1, Chapter 325, Section 1, Chapter 558, Section 1, Chapter 164, Section 1, Chapter 733, Section 2, Chapter 179, Section 1, Chapter 875, Acts of the 74th Legislature, Regular Session, 1995. (b) Repeals Section 1, Chapter 350, Section 1, Chapter 733, and Section 1, Chapter 875, Acts of the 74th Legislature, Regular Session, 1995. (c) To the extent of any conflict, this Act prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 17. Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 4. The substitute deletes Subsection (e) of the original, which required fees to be deposited into the state highway fund, so that division of fees collected remains the same between the state and counties. SECTION 5. The substitute deletes Subsection (l) of the original, which required fees to be deposited into the state highway fund, so that division of fees collected remains the same between the state and counties. SECTION 8. The original contained no reference to members of the U.S. Congress. The substitute makes members of U.S. Congress eligible for U.S. Congress plates. The original in Sec. 502.292 (d)(4) made a "administrative judge" eligible for U.S. Judge plates. The substitute deletes this provision. The original in Sec. 502.292 (e)(2) and (4) made a "magistrate" eligible for State Judge plates. The substitute deletes these provision. The original in Sec. 502.292 (e)(3) made a member of an administrative judicial district eligible for State Judge plates. The substitute clarifies that a "presiding judge" rather than a "member" of an administrative judicial district can get plates. The original in Sec. 502.292 (e)(4) made county judges eligible for State Judge plates. The substitute deletes this provision. The original in Sec. 502.292 (e)(6) made a "judge who presides over special county courts" eligible for State Judge plates. The substitute deletes this provision. The original only called for two sets of plates to be issued while the substitute allows for three sets. SECTION 12-13. The original contained no similar provisions. Sections 12 and 13 of the substitute are entirely new. SECTION 14. The substitute moved this from Section 12 of the original. SECTION 15. The substitute moved this from Section 13 of the original. The substitute adds reference to Section 2, Chapter 179, Acts of the 74th Legislature, Regular Session, 1995, not contained in the original. SECTION 16. The substitute moved this from Section 14 of the original.