TWT C.S.S.B. 557 75(R)BILL ANALYSIS TRANSPORTATION C.S.S.B. 557 By: Armbrister (Cook) 4-21-97 Committee Report (Substituted) BACKGROUND Currently, the Texas Department of Transportation (TXDOT) is prohibited from issuing an exempt license plate unless the vehicle has the agency name printed in the side of the vehicle. However, Sections 721.003 and 721.005, Transportation Code, exempt certain governmental agency vehicles from the inscription requirements. PURPOSE As proposed, S.B. 557 to establish certain requirements for the issuance of exempt license plates. This bill would clarify the TXDOT's authorization to issue regular plates to law enforcement and other agencies that are exempt from the inscription requirements under Sections 721.003 or 721.005, Transportation Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the TXDOT in SECTION 1 (Secs. 502.201(d) and (g), Transportation Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 502.201, Transportation Code, to require the TXDOT, by rule, to provide for the issuance of specially designated license plates for vehicles that are exempt by law. Requires the license plates to bear the word "exempt," except as provided by Subsection (g). Provides that a person who operates on a public highway a vehicle after the registration, rather than license, has been revoked is liable for the penalties for failing to register a vehicle. Requires the TXDOT to provide, by rule, for the issuance of regularly designed license plates not bearing the word "exempt" for a vehicle that is exempt by law under certain circumstances. SECTION 2. Amends Subchapter E, Chapter 502, Transportation Code, by adding Section 502.2015. Sec. 502.2015. LIMITATION ON ISSUANCE OF EXEMPT LICENSE PLATES; SEIZURE OF CERTAIN VEHICLES. (a) Prohibits the TXDOT from issuing exempt license plates for a vehicle owned by the United States, this state, or a political subdivision of this state unless certain events occur when application is made for registration of the vehicle. (b) Prohibits the TXDOT from issuing exempt license plates for a vehicle owned by a person other than the United States, this state, or a political subdivision of this state unless, when application is made for registration of the vehicle, the proper authority certifies in writing to the TXDOT that the name of the owner of the vehicle is printed on the vehicle in a certain manner. (c) Authorizes a peace officer listed in Article 2.12, Code of Criminal Procedure, to seize a motor vehicle displaying exempt license plates under certain conditions. (d) Authorizes a peace officer who seizes a motor vehicle to require the vehicle to be handled in a certain manner. (e) Requires the owner of the vehicle, in order to obtain the release of the vehicle, to perform certain functions. (f) Provides that Subsections (a) and (b) do not apply to a vehicle to which Section 502.201(g) or 502.206 applies. (f) Defines "exempt license plate." SECTION 3. (a) Provides that this Act conforms the Transportation Code to the changes made by Chapter 453, Acts of the 74th Legislature, Regular Session, 1995. (b) Repeals Chapter 453, Acts of the 74th Legislature Regular Session, 1995. (c) Provides that this Act prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 4. Effective Date -- September 1, 1997. SECTION 5. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 2. The substitute, in Sec. 502.2015(a), Transportation Code, adds language permitting governmental entities to use emblems, which are at least 100 square inches in size, to identify the entity's vehicle for purposes of issuing exempt license plates.