1-1     By:  Solomons (Senate Sponsor - Carona)                H.B. No. 344

 1-2           (In the Senate - Received from the House April 1, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 9, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 12, Nays 0; May 9, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Carona

 1-7           Amend H.B. No. 344 by adding a new section to the bill,

 1-8     appropriately numbered, to read as follows and renumbering

 1-9     subsequent sections of the bill accordingly:

1-10           SECTION __.  Subchapter F, Chapter 502, Transportation Code,

1-11     is amended by adding Section 502.294 to read as follows:

1-12           Sec. 502.294.  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

1-13     LICENSE PLATES.  (a)  The department shall issue specially designed

1-14     Texas Commission on Alcohol and Drug Abuse license plates for

1-15     passenger cars and light trucks.

1-16           (b)  The department shall design the license plates in

1-17     consultation with the Boy Scouts of America.

1-18           (c)  The department shall issue license plates under this

1-19     section to a person who:

1-20                 (1)  applies to the county assessor-collector of the

1-21     county in which the person resides on a form provided by the

1-22     department; and

1-23                 (2)  pays an annual fee of $30, in addition to the fee

1-24     prescribed by Section 502.161, and, if personalized prestige

1-25     license plates are issued, in addition to the fee prescribed by

1-26     Section 502.251.

1-27           (d)  Of each fee collected under this section, the department

1-28     shall deposit $20 to the credit of the general revenue fund and $10

1-29     to the credit of the state highway fund.

1-30           (e)  Money deposited to the credit of the general revenue

1-31     fund under Subsection (d) may be appropriated only to the Texas

1-32     Commission on Alcohol and Drug Abuse for drug abuse prevention

1-33     programs provided by nonprofit organizations that primarily serve

1-34     children.  In selecting a program provider under this subsection,

1-35     it is the intent of the legislature that to the extent permissible,

1-36     a preference be given to a provider whose membership substantially

1-37     consists of persons who purchase the specially designed license

1-38     plates under this section.

1-39           (f)  If the owner of a vehicle registered under this section

1-40     disposes of the vehicle during the registration year, the owner

1-41     shall return the special license plates to the department.

1-42                            A BILL TO BE ENTITLED

1-43                                   AN ACT

1-44     relating to registration and insurance requirements for certain

1-45     vehicles.

1-46           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-47           SECTION 1.  Section 502.274(a), Transportation Code, is

1-48     amended to read as follows:

1-49           (a)  The department shall issue specially designed license

1-50     plates for passenger cars, motorcycles, and light trucks that are

1-51     at least 25 years old.  The license plates must include the words

1-52     "Classic Auto," "Classic Motorcycle," or "Classic Truck," as

1-53     appropriate.

1-54           SECTION 2.  Section 502.275, Transportation Code, is amended

1-55     to read as follows:

1-56           Sec. 502.275.  CERTAIN EXHIBITION [ANTIQUE] VEHICLES;

1-57     OFFENSE.  (a)  The department shall issue specially  designed

1-58     license plates  for a passenger car, truck, [or] motorcycle, or

1-59     former military vehicle that:

1-60                 (1)  is at least 25 years old, if the vehicle is a

1-61     passenger car, truck, or motorcycle;

1-62                 (2)  is a collector's item;

1-63                 (3)  is used exclusively for exhibitions, club

1-64     activities, parades, and other functions of public interest, and is

 2-1     not used for regular transportation; and

 2-2                 (4)  does not carry advertising.

 2-3           (b)  Special license plates issued under Subsection (a) [this

 2-4     section] must include the words "Antique Auto," "Antique  Truck,"

 2-5     [or] "Antique Motorcycle," or "Military Vehicle," as appropriate.

 2-6           (c)  In lieu of issuing plates under Subsection (a), the

 2-7     department may approve for use license plates presented by the

 2-8     owner that were issued by this state in the same year as the model

 2-9     year of a vehicle described by Subsection (a).  The department

2-10     shall approve for use on a passenger car license plates that were

2-11     issued for a passenger car or for a truck and shall approve for use

2-12     on a truck license plates that were issued for a truck or for a

2-13     passenger car.  If the department approves license plates under

2-14     this subsection [section], the department shall issue a symbol for

2-15     attachment to one of the license plates, as determined by the

2-16     department, showing the year in which the vehicle was registered

2-17     under this section.

2-18           (d)  License plates issued under Subsection (a) or approved

2-19     under Subsection (c) [this section] are valid for a maximum period

2-20     of five years.

2-21           (e)  The department shall issue license plates under

2-22     Subsection (a) or approve license plates under Subsection (c) [this

2-23     section] and shall issue a registration receipt to a person who:

2-24                 (1)  files a sworn written application with the county

2-25     assessor-collector of the county in which the person resides that:

2-26                       (A)  is on a form provided by the department;

2-27                       (B)  if the vehicle is a passenger car, truck, or

2-28     motorcycle, contains the make, body style, motor number, and age of

2-29     the vehicle;

2-30                       (C)  states[, and] any other information required

2-31     by the department; and

2-32                       (D) [(C)]  states that the vehicle and the use of

2-33     the vehicle comply with Subsection (a); and

2-34                 (2)  pays a fee of:

2-35                       (A)  $10 for each year or portion of a year

2-36     remaining in the five-year registration period, if the vehicle was

2-37     manufactured in 1921 or a later year; or

2-38                       (B)  $8 for each year or portion of a year

2-39     remaining in the five-year registration period, if the vehicle was

2-40     manufactured before 1921.

2-41           (f)  Notwithstanding any other provision of this section, the

2-42     department may exempt a former military vehicle from the

2-43     requirement to display license plates or any symbol, tab, or other

2-44     device indicating registration of the vehicle if the department

2-45     determines that the exemption is necessary to maintain the

2-46     vehicle's accurate military design or markings.

2-47           (g)  A vehicle registered under this section is exempt from

2-48     the registration fee otherwise prescribed by this chapter.

2-49           (h) [(g)]  Registration under this section is valid without

2-50     renewal for the period for which the vehicle was  registered if the

2-51     vehicle is owned by the same person.

2-52           (i) [(h)]  A county assessor-collector may not renew the

2-53     registration of a vehicle under this section until the  registered

2-54     owner surrenders to the assessor-collector any [the] license plates

2-55     or symbol and the registration receipt issued for the vehicle for

2-56     the previous period.

2-57           (j) [(i)]  If a vehicle registered under this section is

2-58     transferred to another owner or is junked, is destroyed, or

2-59     otherwise ceases to exist, the registration receipt and any license

2-60     plates or symbol are immediately void and the license plates or

2-61     symbol issued under this section shall be sent immediately to the

2-62     department.

2-63           (k) [(j)]  An owner of a vehicle registered under this

2-64     section who violates this section commits an offense.  An  offense

2-65     under this section is a misdemeanor punishable by a fine of not

2-66     less than $5 or more than $200.

2-67           (l)  Notwithstanding any other section of this code, a

2-68     vehicle issued plates under Subsection (a) shall be required to

2-69     display only one license plate, which is to be attached to the rear

 3-1     of the vehicle.

 3-2           (m)  In this section, "former military vehicle" means a

 3-3     vehicle, including a trailer, regardless of the vehicle's size,

 3-4     weight, or year of manufacture, that:

 3-5                 (1)  was manufactured for use in any country's military

 3-6     forces; and

 3-7                 (2)  is maintained to accurately represent its military

 3-8     design and markings.

 3-9           SECTION 3.  Subchapter F, Chapter 502, Transportation Code,

3-10     is amended by adding Section 502.293 to read as follows:

3-11           Sec. 502.293.  COUNTY JUDGES.  (a)  The department shall

3-12     design and provide for the issuance of special license plates for

3-13     passenger cars and light trucks that are owned by persons who are

3-14     county judges of this state.

3-15           (b)  License plates issued to county judges under this

3-16     section shall bear the words "County Judge."

3-17           (c)  The department shall issue license plates under this

3-18     section to a person who:

3-19                 (1)  applies to the county tax collector in the county

3-20     of the person's residence on a form prescribed by the department;

3-21                 (2)  pays the fee prescribed by Subsection (d); and

3-22                 (3)  submits with the application proof that the person

3-23     is a county judge of this state.

3-24           (d)  The fee for registration under this section and issuance

3-25     of the special license plates is the fee otherwise prescribed by

3-26     this chapter for the vehicle.

3-27           (e)  Registration under this section is valid for one year

3-28     and expires in the same manner as do regular motor vehicle

3-29     registrations, except as provided by Subsection (f).

3-30           (f)  Registration under this section expires when the owner

3-31     of the vehicle for which the special plates were issued ceases to

3-32     be a county judge. The judge shall return the special license

3-33     plates to the department.

3-34           (g)  If the owner of a vehicle for which plates are issued

3-35     under this section disposes of the vehicle during a registration

3-36     year, the person shall return the special plates to the department,

3-37     and at that time may apply for issuance of those plates to another

3-38     vehicle.

3-39           (h)  If license plates issued under this section are lost,

3-40     stolen, or mutilated, the owner of the vehicle for which the plates

3-41     were issued may obtain replacement plates from the department by

3-42     paying a replacement fee of $5.

3-43           (i)  In this section, "county judge" means the judge of the

3-44     county court established by Section 15, Article V, Texas

3-45     Constitution.

3-46           SECTION 4.  Subchapter A, Chapter 5, Insurance Code, is

3-47     amended by adding Article 5.01-3 to read as follows:

3-48           Art. 5.01-3.  FORMER MILITARY VEHICLES.  (a)  A rating plan

3-49     that includes a classification applicable to antique, private

3-50     passenger vehicles maintained primarily for use in exhibitions,

3-51     club activities, parades, and other functions of public interest

3-52     and occasionally used for other purposes must include in the

3-53     classification former military vehicles maintained for those uses.

3-54           (b)  In this article, "former military vehicle" has the

3-55     meaning assigned by Section 502.275, Transportation Code.

3-56           SECTION 5.  (a)  In addition to the substantive changes in

3-57     law made by this Act, this Act conforms the Transportation Code to

3-58     changes in law made by Section 1, Chapter 443, Acts of the 74th

3-59     Legislature, Regular Session, 1995.

3-60           (b)  To the extent of any conflict, this Act prevails over

3-61     another Act of the 75th Legislature, Regular Session, 1997,

3-62     relating to nonsubstantive additions to and corrections in enacted

3-63     codes.

3-64           SECTION 6.  The changes in law made by this Act to Section

3-65     502.275, Transportation Code, apply only to a vehicle registration

3-66     period beginning on or  after the effective date of this Act.

3-67           SECTION 7.  The importance of this legislation and the

3-68     crowded condition of the calendars in both houses create an

3-69     emergency and an imperative public necessity that the

 4-1     constitutional rule requiring bills to be read on three several

 4-2     days in each house be suspended, and this rule is hereby suspended,

 4-3     and that this Act take effect and be in force from and after its

 4-4     passage, and it is so enacted.

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