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1-18 after the registration [license] has been revoked is liable for the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