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.