By:  Duncan                                           S.B. No. 1630

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to motor vehicle registration.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 502.001, Transportation Code, is amended

 1-4     by amending Subdivision (20) and adding Subdivisions (25), (26),

 1-5     (27), (28), (29), (30), and (31) to read as follows:

 1-6                 (20)  "Road tractor" means a motor vehicle designed or

 1-7     used for drawing another vehicle or a load, or a vehicle designed

 1-8     for mowing rights-of-way on public highways, and not constructed to

 1-9     carry:

1-10                       (A)  an independent load; or

1-11                       (B)  a part of the weight of the vehicle and load

1-12     to be drawn.

1-13                 (25)  "Private bus" means a bus that is not:

1-14                       (A)  operated for compensation or hire; and

1-15                       (B)  classified and registered as a "city bus" or

1-16     a "motor bus."

1-17                 (26)  "Rental fleet" means five or more vehicles that

1-18     are:

1-19                       (A)  rented or offered for rental without

1-20     drivers; and

1-21                       (B)  designated by a rental owner as a rental

1-22     fleet.

1-23                 (27)  "Rental trailer" means a utility trailer not

 2-1     exceeding 4,000 pounds gross weight that is part of a rental fleet.

 2-2                 (28)  "Token trailer" means a semitrailer:

 2-3                       (A)  with a gross weight in excess of 6,000

 2-4     pounds; and

 2-5                       (B)  operated in combination with a truck or a

 2-6     truck tractor that is licensed with either a combination plate, an

 2-7     apportioned plate, or a forestry vehicle plate.

 2-8                 (29)  "Apportioned plate" means a plate issued in lieu

 2-9     of combination or truck license plates to Texas carriers who

2-10     proportionally register their fleets in other states.

2-11                 (30)  "Combination plate" means a plate issued to a

2-12     truck or truck tractor with a manufacturer's rated carrying

2-13     capacity in excess of one ton used or to be used in combination

2-14     with a semitrailer having a gross weight in excess of 6,000 pounds.

2-15                 (31)  "Forestry vehicle" means a vehicle used

2-16     exclusively for transporting forest products in their natural

2-17     state, including logs, debarked logs, untreated ties, stave bolts,

2-18     plywood bolts, pulpwood billets, wood chips, stumps, sawdust, moss,

2-19     bark, wood shavings, and property used in the production of those

2-20     products.

2-21           SECTION 2.  Subchapter B, Chapter 502, Transportation Code,

2-22     is amended by adding Section 502.0571 to read as follows:

2-23           Sec. 502.0571.  RULES; FORMS.  (a)  The department may adopt

2-24     rules to administer this chapter.

2-25           (b)  The department shall:

 3-1                 (1)  prescribe forms that the department determines are

 3-2     necessary to administer this chapter; and

 3-3                 (2)  provide each county assessor-collector with a

 3-4     sufficient supply of forms.

 3-5           SECTION 3.  Subchapter D, Chapter 502, Transportation Code,

 3-6     is amended by adding Section 502.1611 to read as follows:

 3-7           Sec. 502.1611.  COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY.

 3-8     To determine the gross weight of a vehicle for fee purposes, the

 3-9     department may request:

3-10                 (1)  the manufacturer's rated carrying capacity;

3-11                 (2)  the nominal tonnage rating;

3-12                 (3)  the gross vehicle weight rating; or

3-13                 (4)  any combination.

3-14           SECTION 4.  Section 502.166, Transportation Code, is amended

3-15     by adding Subsection (d) to read as follows:

3-16           (d)  The department may issue specially designed license

3-17     plates for trailers and semitrailers.

3-18           SECTION 5.  Section 502.167, Transportation Code, is amended

3-19     by adding Subsections (j) and (k) to read as follows:

3-20           (j)  The department may issue specially designed license

3-21     plates for token trailers.

3-22           (k)  A person or entity may register a trailer under this

3-23     section for a period of five years if the person or entity owns 50

3-24     or more semitrailers.  The person or entity may apply to the

3-25     department for a five-year registration insignia and pay the $75

 4-1     fee prescribed by this section and, if applicable, the fee

 4-2     prescribed by Section 502.172.  The department may require an

 4-3     applicant to submit proof of eligibility for registration under

 4-4     this subsection.

 4-5           SECTION 6.  Section 502.252, Transportation Code, is amended

 4-6     to read as follows:

 4-7           Sec. 502.252.  CERTAIN SPECIALIZED PLATES AVAILABLE

 4-8     PERSONALIZED.  A person applying for license plates under Section

 4-9     502.2555, 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,

4-10     502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]

4-11     502.274, 502.289, or 502.291 may:

4-12                 (1)  have a license plate number assigned by the

4-13     department; or

4-14                 (2)  apply for personalized prestige license plates

4-15     under Section 502.251.

4-16           SECTION 7.  Subchapter F, Chapter 502, Transportation Code,

4-17     is amended by adding Section 502.289 to read as follows:

4-18           Sec. 502.289.  CITY AND PRIVATE BUSES.  (a)  The department

4-19     shall issue specially designed license plates for city and private

4-20     buses.

4-21           (b)  License plates issued under this section must include

4-22     the words "city bus" for a city bus or "private bus" for a private

4-23     bus.

4-24           (c)  The department shall issue license plates under this

4-25     section to a person who or city that:

 5-1                 (1)  applies on a form prescribed by the department to

 5-2     the county assessor-collector of the county in which the person

 5-3     resides or which the city is located; and

 5-4                 (2)  pays the fee in accordance with Section 502.161.

 5-5           (d)  Registration under this section is valid for one

 5-6     registration year.

 5-7           SECTION 8.  Subchapter F, Chapter 502, Transportation Code,

 5-8     is amended by adding Section 502.292 to read as follows:

 5-9           Sec. 502.292.  STATE OFFICIAL, MEMBER OF UNITED STATES

5-10     CONGRESS, UNITED STATES JUDGE, AND STATE JUDGE PLATES.  (a)  The

5-11     department shall issue specially designed license plates for a

5-12     vehicle owned by a:

5-13                 (1)  state official;

5-14                 (2)  member of the United States Congress;

5-15                 (3)  United States judge; or

5-16                 (4)  state judge.

5-17           (b)  License plates issued under this section must include

5-18     the words "State Official," "U.S. Congress," "U.S. Judge," or

5-19     "State Judge."

5-20           (c)  A state official is entitled to register for a "State

5-21     Official" plate, for the person's own use, a passenger car or light

5-22     truck if the person is:

5-23                 (1)  a member of the legislature;

5-24                 (2)  the governor;

5-25                 (3)  the lieutenant governor;

 6-1                 (4)  a justice of the supreme court;

 6-2                 (5)  a judge of the court of criminal appeals;

 6-3                 (6)  the attorney general;

 6-4                 (7)  the Commissioner of the General Land Office;

 6-5                 (8)  the comptroller;

 6-6                 (9)  a railroad commissioner;

 6-7                 (10)  the commissioner of agriculture;

 6-8                 (11)  the secretary of state; or

 6-9                 (12)  a member of the State Board of Education.

6-10           (d)  A member of the United States Congress is entitled to

6-11     register for a "U.S. Congress" plate, for the person's own use, a

6-12     passenger car or light truck.

6-13           (e)  A United States judge or retired United States judge is

6-14     entitled to register for a "U.S. Judge" plate, for the person's own

6-15     use, a passenger car or light truck if the person is a:

6-16                 (1)  judge of the Fifth Circuit Court of Appeals;

6-17                 (2)  federal district judge or magistrate; or

6-18                 (3)  federal bankruptcy judge residing in Texas.

6-19           (f)  A state judge or retired state judge is entitled to

6-20     register for a "State Judge" plate, for the person's own use, a

6-21     passenger car or light truck if the person is a:

6-22                 (1)  judge of a court of appeals;

6-23                 (2)  district court judge;

6-24                 (3)  presiding judge of an administrative judicial

6-25     district; or

 7-1                 (4)  statutory county court judge.

 7-2           (g)  The department shall issue license plates under this

 7-3     section to a person who:

 7-4                 (1)  applies to the department on a form prescribed by

 7-5     the department;

 7-6                 (2)  pays the fee prescribed in Section 502.161 or

 7-7     502.162; and

 7-8                 (3)  submits proof acceptable to the department that

 7-9     the person is eligible under this section.

7-10           (h)  A person may be issued three sets of license plates

7-11     under this section.

7-12           (i)  Registration under this section is for a 12-month

7-13     period, or remainder of that period, and expires annually in March.

7-14           (j)  If the owner of a vehicle registered under this section

7-15     disposes of the vehicle during the registration year, the owner

7-16     shall return the special license plates to the department.

7-17           SECTION 9.  Section 502.352, Transportation Code, is amended

7-18     by amending Subsections (a), (c), (d), and (f) and adding

7-19     Subsection (i) to read as follows:

7-20           (a)  The department may issue a temporary permit for a

7-21     commercial motor vehicle, trailer, semitrailer, or motor bus that:

7-22                 (1)  is owned by a resident of the United States, the

7-23     United Mexican States, or Canada;

7-24                 (2)  is subject to registration in this state; and

7-25                 (3)  is not authorized to travel on a public highway

 8-1     because of the lack of registration in this state or the lack of

 8-2     reciprocity with the state or province in which the vehicle is

 8-3     registered.

 8-4           (c)  A person may obtain a permit under this section by:

 8-5                 (1)  applying to the county assessor-collector, [or]

 8-6     the department, or the department's wire service agent; [and]

 8-7                 (2)  paying a fee of $25 for a 72-hour permit or $50

 8-8     for a 144-hour permit:

 8-9                       (A)[,] in cash;

8-10                       (B)  [or] by a postal money order;

8-11                       (C)  by a [or] certified check;

8-12                       (D)  by a wire transfer through the department's

8-13     wire service agent;

8-14                       (E)  by an escrow account; or

8-15                       (F)  where the service is provided, by a credit

8-16     card issued by:

8-17                             (i)  a financial institution chartered by a

8-18     state or the federal government; or

8-19                             (ii)  a nationally recognized credit

8-20     organization approved by the Texas Transportation Commission;

8-21                 (3)  paying a discount or service charge for a credit

8-22     card payment or escrow account in addition to the fee; and

8-23                 (4)  furnishing to the county assessor-collector, the

8-24     department, or the department's wire service agent evidence of

8-25     financial responsibility for the vehicle in compliance with

 9-1     Sections 502.153(c) and 601.168(a) and be written by an insurance

 9-2     company or surety company authorized to write motor vehicle

 9-3     liability insurance in this state[, of:]

 9-4                       [(A)  $25 for a 72 hour permit; or]

 9-5                       [(B)  $50 for a 144 hour permit].

 9-6           (d)  A county assessor-collector shall report and send a fee

 9-7     collected under this section in the manner provided by Sections

 9-8     502.102 and 502.105.  A wire service agent shall send to the

 9-9     department a report of all permits issued the previous week.  The

9-10     department shall prescribe the form and the content requirements of

9-11     the report.

9-12           (f)  A vehicle issued a permit under this section is subject

9-13     to Subchapters B and F, Chapter 548, unless the vehicle:

9-14                 (1)  is registered in another state of the United

9-15     States, in a state of the United Mexican States, or in a province

9-16     of Canada; or

9-17                 (2)  is mobile drilling or servicing equipment used in

9-18     the production of gas, crude petroleum, or oil, including a mobile

9-19     crane or hoisting equipment, mobile lift equipment, forklift, or

9-20     tug.

9-21           (i)  The department may establish one or more escrow accounts

9-22     in the state highway fund for the prepayment of a 72-hour permit or

9-23     a 144-hour permit.  The fees established by the department for the

9-24     administration of this subsection shall be administered in

9-25     accordance with an agreement containing terms and conditions

 10-1    agreeable to the department.

 10-2          SECTION 10.  Subchapter G, Chapter 502, Transportation Code,

 10-3    is amended by adding Section 502.3511 to read as follows:

 10-4          Sec. 502.3511.  COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY.

 10-5    To determine the gross weight of a vehicle for fee purposes, the

 10-6    department may request:

 10-7                (1)  the manufacturer's rated carrying capacity;

 10-8                (2)  the nominal tonnage rating;

 10-9                (3)  the gross vehicle weight rating; or

10-10                (4)  any combination.

10-11          SECTION 11.  Section 621.001, Transportation Code, is amended

10-12    by adding Subdivision (10) to read as follows:

10-13                (10)  "Travel trailer" means a house trailer-type

10-14    vehicle or a camper trailer that is:

10-15                      (A)  less than eight feet in width and 40 feet in

10-16    length, not including the hitch; and

10-17                      (B)  designed primarily not for use as a

10-18    permanent dwelling but as temporary living quarters for

10-19    recreational, camping, travel, or seasonal use.

10-20          SECTION 12.  Subsection (c), Section 502.260, Transportation

10-21    Code, is amended to read as follows:

10-22          (c)  The department shall issue license plates under this

10-23    section to a person who:

10-24                (1)  applies to the department on a form prescribed by

10-25    the department;

 11-1                (2)  pays an annual fee of:

 11-2                      (A)  $3 for the first set of license plates

 11-3    issued under this section; and

 11-4                      (B)  $15 for each additional set of license

 11-5    plates issued under this section; and

 11-6                (3)  submits proof that the person has been awarded the

 11-7    Purple Heart and is:

 11-8                      (A)  an honorably discharged veteran of the

 11-9    United States armed forces; [or]

11-10                      (B)  a member of the United States armed forces

11-11    on active duty; or

11-12                      (C)  a civilian national of the United States

11-13    currently employed or who was employed by the United States armed

11-14    forces.

11-15          SECTION 13.  Subsection (a), Section 502.266, Transportation

11-16    Code, is amended to read as follows:

11-17          (a)  The surviving spouse of a person who would be eligible

11-18    for [was issued] license plates under Section 502.254 is entitled

11-19    to continue to register one motor vehicle under that section as

11-20    long as the spouse remains unmarried.

11-21          SECTION 14.  Subchapter F, Chapter 502, Transportation Code,

11-22    is amended by adding Section 502.293 to read as follows:

11-23          Sec. 502.293.  COUNTY OFFICIAL PLATES.  (a)  The department

11-24    shall issue specially designed license plates for a vehicle owned

11-25    by a county official.

 12-1          (b)  License plates issued under this section must include

 12-2    the words "County Official."

 12-3          (c)  A county official is entitled to register for a "County

 12-4    Official" plate, for the person's own use, a passenger car or light

 12-5    truck if the person is:

 12-6                (1)  a county commissioner; or

 12-7                (2)  a county judge who presides over the commissioners

 12-8    court of a county.

 12-9          (d)  The department shall issue license plates under this

12-10    section to a person who:

12-11                (1)  applies to the department on a form prescribed by

12-12    the department;

12-13                (2)  pays the fee prescribed in Section 502.161 or

12-14    502.162; and

12-15                (3)  submits proof acceptable to the department that

12-16    the person is eligible under this section.

12-17          (e)  A person may be issued two sets of license plates under

12-18    this section.

12-19          (f)  Registration under this section is for a 12-month

12-20    period, or remainder of that period, and expires annually in March.

12-21          (g)  If the owner of a vehicle registered under this section

12-22    disposes of the vehicle during the registration year, the owner

12-23    shall return the special license plates to the department.

12-24          SECTION 15.  Subsection (e), Section 502.280, Transportation

12-25    Code, is repealed.

 13-1          SECTION 16.  (a)  In addition to the substantive changes in

 13-2    law made by this Act, this Act amends Chapter 502, Transportation

 13-3    Code, to conform to the changes in the law made by Section 1,

 13-4    Chapter 164, Section 2, Chapter 179, Section 1, Chapter 325,

 13-5    Section 1, Chapter 558, Section 1, Chapter 733, Section 1, Chapter

 13-6    875, Acts of the 74th Legislature, 1995.

 13-7          (b)  Section 1, Chapter 350, Section 1, Chapter 733, and

 13-8    Section 1, Chapter 875, Acts of the 74th Legislature, 1995, are

 13-9    repealed.

13-10          (c)  To the extent of any conflict, this Act prevails over

13-11    another Act of the 75th Legislature, Regular Session, 1997,

13-12    relating to nonsubstantive additions to and corrections in enacted

13-13    codes.

13-14          SECTION 17.  The importance of this legislation and the

13-15    crowded condition of the calendars in both houses create an

13-16    emergency and an imperative public necessity that the

13-17    constitutional rule requiring bills to be read on three several

13-18    days in each house be suspended, and this rule is hereby suspended,

13-19    and that this Act take effect and be in force from and after its

13-20    passage, and it is so enacted.