75R12407 DWS-F
By Armbrister S.B. No. 557
Substitute the following for S.B. No. 557:
By Alexander C.S.S.B. No. 557
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to issuance of exempt license plates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 502.201, Transportation Code, is amended
1-5 by amending Subsections (d) and (f) and adding Subsection (g) to
1-6 read as follows:
1-7 (d) The department shall [may] provide by rule for the
1-8 issuance of specially designated license plates for vehicles that
1-9 are exempt by law. Except as provided by Subsection (g), the
1-10 license plates must bear the word "exempt."
1-11 (f) A person who operates on a public highway a vehicle
1-12 after the registration [license] has been revoked is liable for the
1-13 penalties for failing to register a vehicle.
1-14 (g) The department shall provide by rule for the issuance of
1-15 regularly designed license plates not bearing the word "exempt" for
1-16 a vehicle that is exempt by law and that is:
1-17 (1) a law enforcement vehicle, if the agency certifies
1-18 to the department that the vehicle will be dedicated to law
1-19 enforcement activities;
1-20 (2) a vehicle exempt from inscription requirements
1-21 under a rule adopted as provided by Section 721.003; or
1-22 (3) a vehicle exempt from inscription requirements
1-23 under an order or ordinance adopted by a governing body of a
1-24 municipality or commissioners court of a county as provided by
2-1 Section 721.005, if the applicant presents a copy of the order or
2-2 ordinance.
2-3 SECTION 2. Subchapter E, Chapter 502, Transportation Code,
2-4 is amended by adding Section 502.2015 to read as follows:
2-5 Sec. 502.2015. LIMITATION ON ISSUANCE OF EXEMPT LICENSE
2-6 PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department may not
2-7 issue exempt license plates for a vehicle owned by the United
2-8 States, this state, or a political subdivision of this state unless
2-9 when application is made for registration of the vehicle, the
2-10 person who under Section 502.202 has authority to certify to the
2-11 department that the vehicle qualifies for registration under that
2-12 section also certifies in writing to the department that there is
2-13 printed on each side of the vehicle, in letters that are at least
2-14 two inches high or in an emblem that is at least 100 square inches
2-15 in size, the name of the agency, department, bureau, board,
2-16 commission, or officer of the United States, this state, or the
2-17 political subdivision of this state that has custody of the
2-18 vehicle. The letters or emblem must be of a color sufficiently
2-19 different from the body of the vehicle to be clearly legible from a
2-20 distance of 100 feet.
2-21 (b) The department may not issue exempt license plates for a
2-22 vehicle owned by a person other than the United States, this state,
2-23 or a political subdivision of this state unless, when application
2-24 is made for registration of the vehicle, the person who under
2-25 Section 502.202 has authority to certify to the department that the
2-26 vehicle qualifies for registration under that section also
2-27 certifies in writing to the department that the name of the owner
3-1 of the vehicle is printed on the vehicle in the manner prescribed
3-2 by Subsection (a).
3-3 (c) A peace officer listed in Article 2.12, Code of Criminal
3-4 Procedure, may seize a motor vehicle displaying exempt license
3-5 plates if the vehicle is:
3-6 (1) operated on a public highway; and
3-7 (2) not identified in the manner prescribed by
3-8 Subsection (a) or (b), unless the vehicle is covered by Subsection
3-9 (f).
3-10 (d) A peace officer who seizes a motor vehicle under
3-11 Subsection (c) may require that the vehicle be:
3-12 (1) moved to the nearest place of safety off the
3-13 main-traveled part of the highway; or
3-14 (2) removed and placed in the nearest vehicle storage
3-15 facility designated or maintained by the law enforcement agency
3-16 that employs the peace officer.
3-17 (e) To obtain the release of the vehicle, in addition to any
3-18 other requirement of law, the owner of a vehicle seized under
3-19 Subsection (c) must:
3-20 (1) remedy the defect by identifying the vehicle as
3-21 required by Subsection (a) or (b); or
3-22 (2) agree in writing with the law enforcement agency
3-23 to provide evidence to that agency, before the 10th day after the
3-24 date the vehicle is released, that the defect has been remedied by
3-25 identifying the vehicle as required by Subsection (a) or (b).
3-26 (f) Subsections (a) and (b) do not apply to a vehicle to
3-27 which Section 502.201(g) or 502.206 applies.
4-1 (g) For purposes of this section, an exempt license plate is
4-2 a license plate issued by the department that is plainly marked
4-3 with the word "exempt."
4-4 SECTION 3. (a) In addition to the new changes in law made
4-5 by this Act, this Act conforms the Transportation Code to the
4-6 changes in law made by Chapter 453, Acts of the 74th Legislature,
4-7 Regular Session, 1995.
4-8 (b) Chapter 453, Acts of the 74th Legislature, Regular
4-9 Session, 1995, is repealed.
4-10 (c) To the extent of any conflict, this Act prevails over
4-11 another Act of the 75th Legislature, Regular Session, 1997,
4-12 relating to nonsubstantive additions to and corrections in enacted
4-13 codes.
4-14 SECTION 4. This Act takes effect September 1, 1997.
4-15 SECTION 5. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.