By Craddick H.B. No. 2117 75R1655 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the identification of a motor vehicle that is issued 1-3 exempt license plates. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 502, Transportation Code, 1-6 is amended by adding Section 502.2015 to read as follows: 1-7 Sec. 502.2015. LIMITATION ON ISSUANCE OF EXEMPT LICENSE 1-8 PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department may not 1-9 issue exempt license plates for a vehicle owned by the United 1-10 States, this state, or a political subdivision of this state unless 1-11 when application is made for registration of the vehicle, the 1-12 person who under Section 502.202 has authority to certify to the 1-13 department that the vehicle qualifies for registration under that 1-14 section also certifies in writing to the department that there is 1-15 printed on each side of the vehicle, in letters that are at least 1-16 two inches high and of a color sufficiently different from the body 1-17 of the vehicle to be clearly legible from a distance of 100 feet, 1-18 the name of the agency, department, bureau, board, commission, or 1-19 officer of the United States, this state, or the political 1-20 subdivision of this state that has custody of the vehicle. 1-21 (b) The department may not issue exempt license plates for a 1-22 vehicle owned by a person other than the United States, this state, 1-23 or a political subdivision of this state unless when application is 1-24 made for registration of the vehicle, the person who under Section 2-1 502.202 has authority to certify to the department that the vehicle 2-2 qualifies for registration under that section also certifies in 2-3 writing to the department that the name of the owner of the vehicle 2-4 is printed on the vehicle in the manner prescribed by Subsection 2-5 (a). 2-6 (c) A peace officer listed in Article 2.12, Code of Criminal 2-7 Procedure, may seize a motor vehicle displaying exempt license 2-8 plates if the vehicle is: 2-9 (1) operated on a public highway; and 2-10 (2) not identified in the manner prescribed by 2-11 Subsection (a) or (b). 2-12 (d) A peace officer who seizes a motor vehicle under 2-13 Subsection (c) may require that the vehicle be: 2-14 (1) moved to the nearest place of safety off the 2-15 main-traveled part of the highway; or 2-16 (2) removed and placed in the nearest vehicle storage 2-17 facility designated or maintained by the law enforcement agency 2-18 that employs the peace officer. 2-19 (e) To obtain the release of the vehicle, in addition to any 2-20 other requirement of law, the owner of a vehicle seized under 2-21 Subsection (c) must: 2-22 (1) remedy the defect by identifying the vehicle as 2-23 required by Subsection (a) or (b); or 2-24 (2) agree in writing with the law enforcement agency 2-25 to provide evidence to that agency, before the 10th day after the 2-26 date the vehicle is released, that the defect has been remedied by 2-27 identifying the vehicle as required by Subsection (a) or (b). 3-1 (f) Subsections (a) and (b) do not apply to a law 3-2 enforcement vehicle. 3-3 (g) For purposes of this section, an exempt license plate is 3-4 a license plate issued by the department that is plainly marked 3-5 with the word "Exempt." 3-6 SECTION 2. (a) In addition to the new changes in law made 3-7 by this Act, this Act conforms the Transportation Code to the 3-8 changes in law made by Section 1, Chapter 453, Acts of the 74th 3-9 Legislature, Regular Session, 1995. 3-10 (b) Section 1, Chapter 453 (H.B. No. 2053), Acts of the 74th 3-11 Legislature, Regular Session, 1995, is repealed. 3-12 (c) To the extent of any conflict, this Act prevails over 3-13 another Act of the 75th Legislature, Regular Session, 1997, 3-14 relating to nonsubstantive additions to and corrections in enacted 3-15 codes. 3-16 SECTION 3. This Act takes effect September 1, 1997. 3-17 SECTION 4. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended.