1-1           By:  Armbrister                                  S.B. No. 557

 1-2           (In the Senate - Filed February 12, 1997; February 17, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     February 24, 1997, reported favorably by the following vote:  Yeas

 1-5     12, Nays 0; February 24, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to issuance of exempt license plates.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 502.201, Transportation Code, is amended

1-11     by amending Subsections (d) and (f) and adding Subsection (g) to

1-12     read as follows:

1-13           (d)  The department shall [may] provide by rule for the

1-14     issuance of specially designated license plates for vehicles that

1-15     are exempt by law.  Except as provided by Subsection (g), the

1-16     license plates must bear the word "exempt."

1-17           (f)  A person who operates on a public highway a vehicle

1-18     after the registration [license] has been revoked is liable for the

1-19     penalties for failing to register a vehicle.

1-20           (g)  The department shall provide by rule for the issuance of

1-21     regularly designed license plates not bearing the word "exempt" for

1-22     a vehicle that is exempt by law and that is:

1-23                 (1)  a law enforcement vehicle, if the agency certifies

1-24     to the department that the vehicle will be dedicated to law

1-25     enforcement activities;

1-26                 (2)  a vehicle exempt from inscription requirements

1-27     under a rule adopted as provided by Section 721.003; or

1-28                 (3)  a vehicle exempt from inscription requirements

1-29     under an order or ordinance adopted by the governing body of a

1-30     municipality or the commissioners court of a county as provided by

1-31     Section 721.005, if the applicant presents a copy of the order or

1-32     ordinance.

1-33           SECTION 2.  Subchapter E, Chapter 502, Transportation Code,

1-34     is amended by adding Section 502.2015 to read as follows:

1-35           Sec. 502.2015.  LIMITATION ON ISSUANCE OF EXEMPT LICENSE

1-36     PLATES; SEIZURE OF CERTAIN VEHICLES.  (a)  The department may not

1-37     issue exempt license plates for a vehicle owned by the United

1-38     States, this state, or a political subdivision of this state unless

1-39     when application is made for registration of the vehicle, the

1-40     person who under Section 502.202 has authority to certify to the

1-41     department that the vehicle qualifies for registration under that

1-42     section also certifies in writing to the department that there is

1-43     printed on each side of the vehicle, in letters that are at least

1-44     two inches high and of a color sufficiently different from the body

1-45     of the vehicle to be clearly legible from a distance of 100 feet,

1-46     the name of the agency, department, bureau, board, commission, or

1-47     officer of the United States, this state, or the political

1-48     subdivision of this state that has custody of the vehicle.

1-49           (b)  The department may not issue exempt license plates for a

1-50     vehicle owned by a person other than the United States, this state,

1-51     or a political subdivision of this state unless, when application

1-52     is made for registration of the vehicle, the person who under

1-53     Section 502.202 has authority to certify to the department that the

1-54     vehicle qualifies for registration under that section also

1-55     certifies in writing to the department that the name of the owner

1-56     of the vehicle is printed on the vehicle in the manner prescribed

1-57     by Subsection (a).

1-58           (c)  A peace officer listed in Article 2.12, Code of Criminal

1-59     Procedure, may seize a motor vehicle displaying exempt license

1-60     plates if the vehicle is:

1-61                 (1)  operated on a public highway; and

1-62                 (2)  not identified in the manner prescribed by

1-63     Subsection (a) or (b), unless the vehicle is covered by Subsection

1-64     (f).

 2-1           (d)  A peace officer who seizes a motor vehicle under

 2-2     Subsection (c) may require that the vehicle be:

 2-3                 (1)  moved to the nearest place of safety off the

 2-4     main-traveled part of the highway; or

 2-5                 (2)  removed and placed in the nearest vehicle storage

 2-6     facility designated or maintained by the law enforcement agency

 2-7     that employs the peace officer.

 2-8           (e)  To obtain the release of the vehicle, in addition to any

 2-9     other requirement of law, the owner of a vehicle seized under

2-10     Subsection (c) must:

2-11                 (1)  remedy the defect by identifying the vehicle as

2-12     required by Subsection (a) or (b); or

2-13                 (2)  agree in writing with the law enforcement agency

2-14     to provide evidence to that agency, before the 10th day after the

2-15     date the vehicle is released, that the defect has been remedied by

2-16     identifying the vehicle as required by Subsection (a) or (b).

2-17           (f)  Subsections (a) and (b) do not apply to a vehicle to

2-18     which Section 502.201(g) or 502.206 applies.

2-19           (g)  For purposes of this section, an exempt license plate is

2-20     a license plate issued by the department that is plainly marked

2-21     with the word "exempt."

2-22           SECTION 3.  (a)  In addition to the new changes in law made

2-23     by this Act, this Act conforms the Transportation Code to the

2-24     changes in law made by Chapter 453, Acts of the 74th Legislature,

2-25     1995.

2-26           (b)  Chapter 453, Acts of the 74th Legislature, 1995, is

2-27     repealed.

2-28           (c)  To the extent of any conflict, this Act prevails over

2-29     another Act of the 75th Legislature, Regular Session, 1997,

2-30     relating to nonsubstantive additions to and corrections in enacted

2-31     codes.

2-32           SECTION 4.  This Act takes effect September 1, 1997.

2-33           SECTION 5.  The importance of this legislation and the

2-34     crowded condition of the calendars in both houses create an

2-35     emergency and an imperative public necessity that the

2-36     constitutional rule requiring bills to be read on three several

2-37     days in each house be suspended, and this rule is hereby suspended.

2-38                                  * * * * *