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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