By Siebert H.B. No. 1906
Substitute the following for H.B. No. 1906:
By Finnell C.S.H.B. No. 1906
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle registration.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 502.001, Transportation Code, is amended
1-5 by amending Subdivision (20), and adding Subdivisions (25), (26),
1-6 (27), (28), (29), (30) and (31) to read as follows:
1-7 (20) "Road tractor" means a motor vehicle designed or
1-8 used for drawing another vehicle or a load, or a vehicle designed
1-9 for mowing right of way on public highways, and not constructed to
1-10 carry:
1-11 (A) an independent load; or
1-12 (B) a part of the weight of the vehicle and load
1-13 to be drawn.
1-14 (25) "Private Bus" means a bus that is not:
1-15 (A) operated for compensation or hire; and
1-16 (B) classified and registered as a "city bus" or
1-17 a "motor bus."
1-18 (26) "Rental fleet" means five or more vehicles that
1-19 are:
1-20 (A) rented or offered for rental without
1-21 drivers; and
1-22 (B) designated by a rental owner as a rental
1-23 fleet.
1-24 (27) "Rental trailer" means a utility trailer not
2-1 exceeding 4,000 pounds gross weight that is part of a rental fleet.
2-2 (28) "Token trailer" means a semitrailer:
2-3 (A) with a gross weight in excess of 6,000
2-4 pounds; and
2-5 (B) operated in combination with a truck or a
2-6 truck tractor that is licensed with either a combination plate, an
2-7 apportioned plate, or a forestry vehicle plate.
2-8 (29) "Apportioned plate" means a plate issued in lieu
2-9 of combination or truck license plates to Texas carriers who
2-10 proportionally register their fleets in other states.
2-11 (30) "Combination plate" means a plate issued to a
2-12 truck or truck tractor with a manufacturer's rated carrying
2-13 capacity in excess of one ton used or to be used in combination
2-14 with a semitrailer having a gross weight in excess of 6,000 pounds.
2-15 (31) "Forestry vehicle" means a vehicle used
2-16 exclusively for transporting forest products in their natural
2-17 state, including logs, debarked logs, untreated ties, stave bolts,
2-18 plywood bolts, pulpwood billets, wood chips, stumps, sawdust, moss,
2-19 bark, wood shavings, and property used in the production of those
2-20 products.
2-21 SECTION 2. Subchapter B, Chapter 502, Transportation Code,
2-22 is amended by adding Section 502.0571 to read as follows:
2-23 Sec. 502.0571. RULES; FORMS. (a) The department may adopt
2-24 rules to administer this chapter.
2-25 (b) The department shall:
2-26 (1) prescribe forms that the department determines are
2-27 necessary to administer this chapter; and
3-1 (2) provide each county assessor-collector with a
3-2 sufficient supply of forms.
3-3 SECTION 3. Subchapter D, Chapter 502, Transportation Code,
3-4 is amended by adding Section 502.1611 to read as follows:
3-5 Sec. 502.1611. Commercial Motor Vehicle or Truck Capacity.
3-6 To determine the gross weight of a vehicle for fee purposes, the
3-7 department may request:
3-8 (1) the manufacturer's rated carrying capacity;
3-9 (2) the nominal tonnage rating;
3-10 (3) the gross vehicle weight rating; or
3-11 (4) any combination.
3-12 SECTION 4. Section 502.166, Transportation Code, is amended
3-13 by adding Subsection (d) to read as follows:
3-14 (d) The department may issue specially designed license
3-15 plates for trailers and semitrailers.
3-16 SECTION 5. Section 502.167, Transportation Code, is amended
3-17 by adding Subsections (j) and (k) to read as follows:
3-18 (j) The department may issue specially designed license
3-19 plates for token trailers.
3-20 (k) A person or entity may register a trailer under this
3-21 section for a period of five years if the person or entity owns 50
3-22 or more semitrailers. The person or entity may apply to the
3-23 department for a five-year registration insignia and pay the $75
3-24 fee prescribed by this section and, if applicable, the fee
3-25 prescribed by Section 502.172. The department may require an
3-26 applicant to submit proof of eligibility for registration under
3-27 this subsection.
4-1 SECTION 6. Section 502.252, Transportation Code, is amended
4-2 to read as follows:
4-3 Sec. 502.252. Certain Specialized Plates Available
4-4 Personalized. A person applying for license plates under Section
4-5 502.2555, 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,
4-6 502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]
4-7 502.274, 502.289, or 502.291 may:
4-8 (1) have a license plate number assigned by the
4-9 department; or
4-10 (2) apply for personalized prestige license plates
4-11 under Section 502.251.
4-12 SECTION 7. Subchapter F, Chapter 502, Transportation Code,
4-13 is amended by adding Section 502.289 to read as follows:
4-14 Sec. 502.289. CITY AND PRIVATE BUSES. (a) The department
4-15 shall issue specially designed license plates for city and private
4-16 buses.
4-17 (b) License plates issued under this section must include
4-18 the words "City Bus" for a city bus or "Private Bus" for a private
4-19 bus.
4-20 (c) The department shall issue license plates under this
4-21 section to a person who or city that:
4-22 (1) applies on a form prescribed by the department to
4-23 the county assessor-collector of the county in which the person
4-24 resides or which the city is located; and
4-25 (2) pays the fee in accordance with Section 502.161.
4-26 (d) Registration under this section is valid for one
4-27 registration year.
5-1 SECTION 8. Subchapter F, Chapter 502, Transportation Code,
5-2 is amended by adding Section 502.292 to read as follows:
5-3 Sec. 502.292. STATE OFFICIAL, MEMBER OF U.S. CONGRESS, U.S.
5-4 JUDGE, AND STATE JUDGE PLATES. (a) The department shall issue
5-5 specially designed license plates for a vehicle owned by a:
5-6 (1) state official;
5-7 (2) member of the U.S. Congress;
5-8 (3) U.S. judge; or
5-9 (4) state judge.
5-10 (b) License plates issued under this section must include
5-11 the words "State Official," "U.S. Congress," "U.S. Judge," or
5-12 "State Judge."
5-13 (c) A state official is entitled to register for a "State
5-14 Official" plate, for the person's own use, a passenger car or light
5-15 truck if the person is:
5-16 (1) a member of the legislature;
5-17 (2) the governor;
5-18 (3) the lieutenant governor;
5-19 (4) a Supreme Court justice;
5-20 (5) a judge of the Court of Criminal Appeals;
5-21 (6) the attorney general;
5-22 (7) the commissioner of the General Land Office;
5-23 (8) the state comptroller;
5-24 (9) a state railroad commissioner;
5-25 (10) the agriculture commissioner;
5-26 (11) the secretary of state; or
5-27 (12) a member of the Board of Education.
6-1 (d) A member of the U.S. Congress is entitled to register
6-2 for a "U.S. Congress" plate, for the person's own use, a passenger
6-3 car or light truck.
6-4 (e) A U.S. judge or retired U.S. judge is entitled to
6-5 register for a "U.S. Judge" plate, for the person's own use, a
6-6 passenger car or light truck if the person is a:
6-7 (1) judge of the Fifth Circuit Court of Appeals;
6-8 (2) federal district judge or magistrate; or
6-9 (3) federal bankruptcy judge residing in Texas.
6-10 (f) A state judge or retired state judge is entitled to
6-11 register for a "State Judge" plate, for the person's own use, a
6-12 passenger car or light truck if the person is a:
6-13 (1) Texas Court of Appeals judge;
6-14 (2) district court judge;
6-15 (3) presiding judge of an administrative judicial
6-16 district; or
6-17 (4) statutory county court judge.
6-18 (g) The department shall issue license plates under this
6-19 section to a person who:
6-20 (1) applies to the department on a form prescribed by
6-21 the department;
6-22 (2) pays the fee prescribed in Section 502.161 or
6-23 502.162; and
6-24 (3) submits proof acceptable to the department that
6-25 the person is eligible under this section.
6-26 (h) A person may be issued three sets of license plates
6-27 under this section.
7-1 (i) Registration under this section is for a 12 month
7-2 period, or remainder of that period, and expires annually in March.
7-3 (j) If the owner of a vehicle registered under this section
7-4 disposes of the vehicle during the registration year, the owner
7-5 shall return the special license plates to the department.
7-6 SECTION 9. Section 502.352, Transportation Code, is amended
7-7 by amending Subsections (a), (c), (d), and (f), and adding
7-8 Subsection (i) to read as follows:
7-9 (a) The department may issue a temporary permit for a
7-10 commercial motor vehicle, trailer, semitrailer, or motor bus that:
7-11 (1) is owned by a resident of the United States, the
7-12 United Mexican States, or Canada;
7-13 (2) is subject to registration in this state; and
7-14 (3) is not authorized to travel on a public highway
7-15 because of the lack of registration in this state or the lack of
7-16 reciprocity with the state or province in which the vehicle is
7-17 registered.
7-18 (c) A person may obtain a permit under this section by:
7-19 (1) applying to the county assessor-collector, [or]
7-20 the department, or the department's wire service agent; [and]
7-21 (2) paying a fee of $25 for a 72-hour permit or $50
7-22 for a 144-hour permit:[,]
7-23 (A) in cash;
7-24 (B) [or] by a postal money order;
7-25 (C) by [or] a certified check;
7-26 (D) by a wire transfer through the department's
7-27 wire service agent;
8-1 (E) by an escrow account; or
8-2 (F) where the service is provided, by a credit
8-3 card issued by:
8-4 (i) a financial institution chartered by a
8-5 state or the federal government; or
8-6 (ii) a nationally recognized credit
8-7 organization approved by the Texas Transportation Commission;
8-8 (3) paying a discount or service charge for a credit
8-9 card payment or escrow account in addition to the fee[, of]
8-10 [(A) $25 for a 72 hour permit; or]
8-11 [(B) $50 for a 144 hour permit]; and
8-12 (4) furnishing to the assessor-collector, [or] the
8-13 department, or the department's wire service agent evidence of
8-14 financial responsibility for the vehicle in compliance with
8-15 Sections 502.153(c) and 601.168(a) and be written by an insurance
8-16 company or surety company authorized to write motor vehicle
8-17 liability insurance in this state.
8-18 (d) A county tax assessor collector shall report and send a
8-19 fee collected under this section in the manner provided by Sections
8-20 502.102 and 502.105. A wire service agent shall send to the
8-21 department a report of all permits issued the previous week. The
8-22 department shall prescribe the form and the content requirements of
8-23 the report.
8-24 (f) A vehicle issued a permit under this section is subject
8-25 to Subchapters B and F, Chapter 548, unless the vehicle:
8-26 (1) is registered in another state of the United
8-27 States, in a state of the United Mexican States, or in a province
9-1 of Canada; or
9-2 (2) is mobile drilling or servicing equipment used in
9-3 the production of gas, crude petroleum, or oil, including a mobile
9-4 crane or hoisting equipment, mobile lift equipment, forklift, or
9-5 tug.
9-6 (i) The department may establish one or more escrow accounts
9-7 in the state highway fund for the prepayment of a 72-hour permit or
9-8 a 144-hour permit. The fees established by the department for the
9-9 administration of this subsection shall be administered in
9-10 accordance with an agreement containing terms and conditions
9-11 agreeable to the department.
9-12 SECTION 10. Subchapter G, Chapter 502, Transportation Code,
9-13 is amended by adding Section 502.3511 to read as follows:
9-14 Sec. 502.3511. COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY.
9-15 To determine the gross weight of a vehicle for fee purposes, the
9-16 department may request:
9-17 (1) the manufacturer's rated carrying capacity;
9-18 (2) the nominal tonnage rating;
9-19 (3) the gross vehicle weight rating; or
9-20 (4) any combination.
9-21 SECTION 11. Section 621.001, Transportation Code, is amended
9-22 by adding Subdivision (10) to read as follows:
9-23 (10) "Travel Trailer" means a house trailer-type
9-24 vehicle or a camper trailer that is:
9-25 (A) less than eight feet in width and forty feet
9-26 in length, not including the hitch; and
9-27 (B) designed primarily not for use as a
10-1 permanent dwelling but as temporary living quarters for
10-2 recreational, camping, travel, or seasonal use.
10-3 SECTION 12. Section 502.260(c), Transportation Code, is
10-4 amended to read as follows:
10-5 (c) The department shall issue license plates under this
10-6 section to a person who:
10-7 (1) applies to the department on a form prescribed by
10-8 the department;
10-9 (2) pays an annual fee of:
10-10 (A) $3 for the first set of license plates
10-11 issued under this section; and
10-12 (B) $15 for each additional set of license
10-13 plates issued under this section; and
10-14 (3) submits proof that the person has been awarded the
10-15 Purple Heart and is:
10-16 (A) an honorably discharged veteran of the
10-17 United States armed forces; [or]
10-18 (B) a member of the United States armed forces
10-19 on active duty; or
10-20 (C) a civilian national of the United States
10-21 currently employed or who was employed by the United States armed
10-22 forces.
10-23 SECTION 13. Section 502.266(a), Transportation Code, is
10-24 amended to read as follows:
10-25 (a) The surviving spouse of a person who would be eligible
10-26 for [who was issued] license plates under Section 502.254 is
10-27 entitled to continue to register one motor vehicle under that
11-1 section as long as the spouse remains unmarried.
11-2 SECTION 14. Section 502.280(e), Transportation Code, is
11-3 repealed.
11-4 SECTION 15. (a) In addition to the substantive changes in
11-5 law made by this Act, this Act amends Chapter 502, Transportation
11-6 Code, to conform to the changes in the law made by Section 1,
11-7 Chapter 325, Section 1, Chapter 558, Section 1, Chapter 164,
11-8 Section 1, Chapter 733, Section 2, Chapter 179, Section 1, Chapter
11-9 875, Acts of the 74th Legislature, Regular Session, 1995.
11-10 (b) Section 1, Chapter 350, Section 1, Chapter 733, and
11-11 Section 1, Chapter 875, Acts of the 74th Legislature, Regular
11-12 Session, 1995, are repealed.
11-13 (c) To the extent of any conflict, this Act prevails over
11-14 another Act of the 75th Legislature, Regular Session, 1997,
11-15 relating to nonsubstantive additions to and corrections in enacted
11-16 codes.
11-17 SECTION 16. The importance of this legislation and the
11-18 crowded condition of the calendars in both houses create an
11-19 emergency and an imperative public necessity that the
11-20 constitutional rule requiring bills to be read on three several
11-21 days in each house be suspended, and this rule is hereby suspended,
11-22 and that this Act take effect and be in force from and after its
11-23 passage, and it is so enacted.