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the registration, rather than license, has been revoked is liable for the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.