75R15285 JD-D                          

         By Duncan                                             S.B. No. 1630

         Substitute the following for S.B. No. 1630:

         By Alexander                                      C.S.S.B. No. 1630

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to motor vehicle registrations.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 502.001(20), Transportation Code, is

 1-5     amended to read as follows:

 1-6                 (20)  "Road tractor" means a vehicle designed for the

 1-7     purpose of mowing the right-of-way of a public highway or a motor

 1-8     vehicle designed or  used for drawing another vehicle or a load and

 1-9     not constructed to 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           SECTION 2.  Subchapter A, Chapter 502, Transportation Code,

1-14     is amended by adding Section 502.009 to read as follows:

1-15           Sec. 502.009.  RULES AND FORMS.  (a)  The department may

1-16     adopt rules to administer this chapter.

1-17           (b)  The department shall:

1-18                 (1)  prescribe forms determined by the department to be

1-19     necessary for the administration of this chapter; and

1-20                 (2)  provide each county assessor-collector with an

1-21     adequate supply of each form necessary for the performance of a

1-22     duty under this chapter by the assessor-collector.

1-23           SECTION 3.  Section 502.055, Transportation Code, is amended

1-24     to read as follows:

 2-1           Sec. 502.055.  DETERMINATION OF WEIGHT.  (a)  The weight, net

 2-2     weight, or gross weight of a vehicle, as determined by the

 2-3     department, is the correct weight for registration purposes,

 2-4     regardless of any other purported weight of the vehicle.

 2-5           (b)  The department may require an applicant for registration

 2-6     under this chapter to provide the department with evidence of:

 2-7                 (1)  the manufacturer's rated carrying capacity for the

 2-8     vehicle;

 2-9                 (2)  the nominal tonnage rating of the vehicle;

2-10                 (3)  the gross weight rating of the vehicle; or

2-11                 (4)  any combination of information described in

2-12     Subdivisions (1)-(3).

2-13           SECTION 4.  Section 502.161, Transportation Code, is amended

2-14     to read as follows:

2-15           Sec. 502.161.  FEE:  PASSENGER CAR, [OR] MUNICIPAL BUS,

2-16     PRIVATE BUS.  (a)  The fee for a registration year for registration

2-17     of a  passenger car, [or] a municipal bus, or a private bus that

2-18     weighs 6,000 pounds or less is:

2-19                 (1)  $40.50 for a vehicle the model year of which is

2-20     more than six years before the year in which the registration year

2-21     begins;

2-22                 (2)  $50.50 for a vehicle the model year of which is

2-23     more than three years but is six years or less before the year in

2-24     which the registration year begins;  or

2-25                 (3)  $58.50 for a vehicle the model year of which is

2-26     three years or less before the year in which the registration year

2-27     begins.

 3-1           (b)  The fee for a registration year for registration of a

 3-2     passenger car, [or] a municipal bus, or a private bus that weighs

 3-3     more than 6,000 pounds is $25 plus 60 cents for each 100 pounds.

 3-4           (c)  For registration purposes, the weight of a passenger

 3-5     car, [or] a municipal bus, or a private bus is the weight generally

 3-6     accepted  as its correct shipping weight plus 100 pounds.

 3-7           (d)  In this section, "private bus" has the meaning assigned

 3-8     by Section 502.292.

 3-9           SECTION 5.  Section 502.166, Transportation Code, is amended

3-10     by adding Subsections (d) and (e) to read as follows:

3-11           (d)  The department may issue specially designed license

3-12     plates for rental trailers and travel trailers that include, as

3-13     appropriate, the words "rental trailer" or "travel trailer."

3-14           (e)  In this section:

3-15                 (1)  "Rental fleet" means five or more vehicles that

3-16     are:

3-17                       (A)  owned by the same owner;

3-18                       (B)  offered for rent or rented without drivers;

3-19     and

3-20                       (C)  designated by the owner in the manner

3-21     prescribed by the department as a rental fleet.

3-22                 (2)  "Rental trailer" means a utility trailer that:

3-23                       (A)  has a gross weight of 4,000 pounds or less;

3-24     and

3-25                       (B)  is part of a rental fleet.

3-26                 (3)  "Travel trailer" means a house trailer-type

3-27     vehicle or a camper trailer that is:

 4-1                       (A)  less than eight feet in width or 40 feet in

 4-2     length, exclusive of any hitch installed on the vehicle; and

 4-3                       (B)  designed primarily for use as temporary

 4-4     living quarters in connection with recreational, camping, travel,

 4-5     or seasonal use and not as a permanent dwelling.

 4-6           SECTION 6.  Section 502.167, Transportation Code, is amended

 4-7     by amending Subsection (i) and adding Subsections (j)-(l) to read

 4-8     as follows:

 4-9           (i)  The department may issue specially designed license

4-10     plates for token trailers.

4-11           (j)  A person may register a semitrailer under this section

4-12     for a registration period of five consecutive years if the person:

4-13                 (1)  owns 50 or more semitrailers at the time of the

4-14     application;

4-15                 (2)  applies to the department for the five-year

4-16     registration;

4-17                 (3)  provides proof of the person's eligibility to

4-18     register the vehicle under this subsection as required by the

4-19     department; and

4-20                 (4)  pays a fee of $15, plus any applicable fee under

4-21     Section 502.172, for each year included in the registration period.

4-22           (k)  If during the five-year registration period for a

4-23     vehicle registered under Subsection (j)  the amount of a fee

4-24     imposed under that subsection is increased, the owner of the

4-25     vehicle is liable to the department for the amount of the increase.

4-26     If the amount of a fee is decreased, the owner of the vehicle is

4-27     not entitled to a refund.

 5-1           (l)  In this section:

 5-2                 (1)  "Combined gross weight" means the empty weight of

 5-3     the truck-tractor or commercial motor vehicle combined with the

 5-4     empty weight of the heaviest semitrailer used or to be used in

 5-5     combination with the truck-tractor or commercial motor vehicle plus

 5-6     the heaviest net load to be carried on the combination during the

 5-7     registration year.

 5-8                 (2)  "Empty weight" means the unladen weight of the

 5-9     truck-tractor or commercial motor vehicle and semitrailer

5-10     combination fully equipped, as certified by a public weigher or

5-11     license and weight inspector of the Department of Public Safety.

5-12                 (3)  "Token trailer" means a semitrailer that:

5-13                       (A)  has a gross weight of more than 6,000

5-14     pounds; and

5-15                       (B)  is operated in combination with a truck or a

5-16     truck-tractor that has been issued:

5-17                             (i)  an apportioned license plate;

5-18                             (ii)  a combination license plate; or

5-19                             (iii)  a forestry vehicle license plate.

5-20                 (4)  "Apportioned license plate" means a license plate

5-21     issued in lieu of truck license plates or combination license

5-22     plates to a motor carrier in this state who proportionally

5-23     registers a vehicle owned by the carrier in one or more other

5-24     states.

5-25                 (5)  "Combination license plate" means a license plate

5-26     issued for a truck or truck-tractor that:

5-27                       (A)  has a manufacturer's rated carrying capacity

 6-1     of more than one ton; and

 6-2                       (B)  is used or intended to be used in

 6-3     combination with a semitrailer that has a gross weight of more than

 6-4     6,000 pounds.

 6-5           SECTION 7.  Section 502.252, Transportation Code, is amended

 6-6     to read as follows:

 6-7           Sec. 502.252.  CERTAIN SPECIALIZED PLATES AVAILABLE

 6-8     PERSONALIZED.     A person applying for license plates under

 6-9     Section 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,

6-10     502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]

6-11     502.274, or 502.292 may:

6-12                 (1)  have a license plate number assigned by the

6-13     department;  or

6-14                 (2)  apply for personalized prestige license plates

6-15     under Section 502.251.

6-16           SECTION 8.  Section 502.260(c), Transportation Code, is

6-17     amended to read as follows:

6-18           (c)  The department shall issue license plates under this

6-19     section to a person who:

6-20                 (1)  applies to the department on a form prescribed by

6-21     the department;

6-22                 (2)  pays an annual fee of:

6-23                       (A)  $3 for the first set of license plates

6-24     issued under this section; and

6-25                       (B)  $15 for each additional set of license

6-26     plates issued under this section; and

6-27                 (3)  submits proof that the person has been awarded the

 7-1     Purple Heart and is:

 7-2                       (A)  an honorably discharged veteran of the

 7-3     United States armed forces; [or]

 7-4                       (B)  a member of the United States armed forces

 7-5     on active duty; or

 7-6                       (C)  a civilian national of the United States who

 7-7     is an employee or a former employee of a branch of the United

 7-8     States armed forces.

 7-9           SECTION 9.  Section 502.266(a), Transportation Code, is

7-10     amended to read as follows:

7-11           (a)  The surviving spouse of a person who would be eligible

7-12     for [was issued] license plates under Section 502.254 is entitled

7-13     to continue to  register one motor vehicle under that section as

7-14     long as the spouse remains unmarried.

7-15           SECTION 10.  Subchapter F, Chapter 502, Transportation Code,

7-16     is amended by adding Sections 502.292-502.295 to read as follows:

7-17           Sec. 502.292.  MUNICIPAL AND PRIVATE BUSES.  (a)  The

7-18     department shall issue specially designed license plates for

7-19     municipal buses and private buses.

7-20           (b)  License plates issued under this section must include

7-21     the words "city bus" or "private bus," as appropriate.

7-22           (c)  The department shall issue license plates under this

7-23     section to a person who:

7-24                 (1)  applies on a form prescribed by the department to

7-25     the county assessor-collector of the county in which the person

7-26     resides; and

7-27                 (2)  pays the fee prescribed by Section 502.161.

 8-1           (d)  Registration under this section is valid for one

 8-2     registration year.

 8-3           (e)  In this section, "private bus" means a bus that:

 8-4                 (1)  is not operated for hire; and

 8-5                 (2)  is not classified as a municipal bus or a motor

 8-6     bus.

 8-7           Sec. 502.293.  STATE OFFICIALS.  (a)  The department shall

 8-8     issue specially designed license plates for a passenger car or

 8-9     light truck owned by a state official.

8-10           (b)  License plates issued under this section must include

8-11     the words "state official."

8-12           (c)  The department shall issue license plates under this

8-13     section to a person who:

8-14                 (1)  applies to the department on a form prescribed by

8-15     the department;

8-16                 (2)  furnishes evidence acceptable to the department

8-17     that the person is eligible to register the vehicle under this

8-18     section; and

8-19                 (3)  pays the fee prescribed by Section 502.161.

8-20           (d)  A person may be issued three sets of license plates

8-21     under this section.

8-22           (e)  A registration under this section is for a registration

8-23     period of 12 consecutive months or until March 31, whichever period

8-24     is shorter.

8-25           (f)  If the owner of a vehicle registered under this section

8-26     disposes of the vehicle during the registration period, the owner

8-27     shall surrender the special license plates to the department.

 9-1           (g)  In this section, "state official" means:

 9-2                 (1)  a member of the legislature;

 9-3                 (2)  the governor;

 9-4                 (3)  the lieutenant governor;

 9-5                 (4)  a justice of the Supreme Court of Texas;

 9-6                 (5)  a judge of the Court of Criminal Appeals;

 9-7                 (6)  the attorney general;

 9-8                 (7)  the commissioner of the General Land Office;

 9-9                 (8)  the comptroller;

9-10                 (9)  a member of the Railroad Commission of Texas;

9-11                 (10)  the commissioner of agriculture;

9-12                 (11)  the secretary of state; or

9-13                 (12)  a member of the State Board of Education.

9-14           Sec. 502.294.  MEMBERS OF CONGRESS.  (a)  The department

9-15     shall issue specially designed license plates for a  passenger car

9-16     or light truck owned by a member of congress.

9-17           (b)  License plates issued under this section must include

9-18     the words "U.S.  Congress."

9-19           (c)  The department shall issue license plates under this

9-20     section to a person who:

9-21                 (1)  applies to the department on a form prescribed by

9-22     the department;

9-23                 (2)  furnishes evidence acceptable to the department

9-24     that the person is eligible to register the vehicle under this

9-25     section; and

9-26                 (3)  pays the fee prescribed by Section 502.161.

9-27           (d)  A person may be issued three sets of license plates

 10-1    under this section.

 10-2          (e)  A registration under this section is for a registration

 10-3    period of 12 consecutive months or until March 31, whichever period

 10-4    is shorter.

 10-5          (f)  If the owner of a vehicle registered under this section

 10-6    disposes of the vehicle during the registration period, the owner

 10-7    shall surrender the special license plates to the department.

 10-8          Sec. 502.295.  STATE AND FEDERAL JUDGES.  (a)  The department

 10-9    shall issue specially designed license plates for a passenger car

10-10    or light truck owned by a state or federal judge or a retired state

10-11    or federal judge.

10-12          (b)  License plates issued under this section must include

10-13    the words "state judge" or "U.S.  judge," as appropriate.

10-14          (c)  The department shall issue license plates under this

10-15    section to a person who:

10-16                (1)  applies to the department on a form prescribed by

10-17    the department;

10-18                (2)  furnishes evidence acceptable to the department

10-19    that the person is eligible to register the vehicle under this

10-20    section; and

10-21                (3)  pays the fee prescribed by Section 502.161.

10-22          (d)  A person may be issued three sets of license plates

10-23    under this section.

10-24          (e)  A registration under this section is for a registration

10-25    period of 12 consecutive months or until March 31, whichever period

10-26    is shorter.

10-27          (f)  If the owner of a vehicle registered under this section

 11-1    disposes of the vehicle during the registration period, the owner

 11-2    shall surrender the special license plates to the department.

 11-3          (g)  In this section:

 11-4                (1)  "Federal judge" means:

 11-5                      (A)  a judge of the Fifth Circuit Court of

 11-6    Appeals;

 11-7                      (B)  a judge or a magistrate of a United States

 11-8    district court; or

 11-9                      (C)  a judge of a United States bankruptcy court.

11-10                (2)  "State judge" means:

11-11                      (A)  a judge of a court of appeals;

11-12                      (B)  a district court judge;

11-13                      (C)  a presiding judge of an administrative

11-14    judicial district; or

11-15                      (D)  a statutory county court judge.

11-16          SECTION 11.  Section 502.352, Transportation Code, is amended

11-17    by amending Subsections (a), (c), (d), and (f), and adding

11-18    Subsection (i) to read as follows:

11-19          (a)  The department may issue a temporary permit for a

11-20    commercial motor vehicle, trailer, semitrailer, or motor bus that:

11-21                (1)  is owned by a resident of the United States, [or]

11-22    Canada, or the United Mexican States;

11-23                (2)  is subject to registration in this state;  and

11-24                (3)  is not authorized to travel on a public highway

11-25    because of the lack of registration in this state or the lack of

11-26    reciprocity with the state or province in which the vehicle is

11-27    registered.

 12-1          (c)  A person may obtain a permit under this section by:

 12-2                (1)  applying to the county assessor-collector, [or]

 12-3    the department, or the department's wire service agent, if the

 12-4    department has a wire service agent; [and]

 12-5                (2)  paying a fee of $25 for a 72-hour permit or $50

 12-6    for a 144-hour permit:

 12-7                      (A)  [,] in cash;

 12-8                      (B)  [or] by postal money order;

 12-9                      (C)  by [or] certified check;

12-10                      (D)  by wire transfer through the department's

12-11    wire service agent, if any;

12-12                      (E)  by an escrow account; or

12-13                      (F)  where the service is provided, by a credit

12-14    card issued by[, of]:

12-15                            (i)  a financial institution chartered by a

12-16    state or the United States; or

12-17                            (ii)  a nationally recognized credit

12-18    organization approved by the Texas Transportation Commission;

12-19                (3)  paying a discount or service charge for a credit

12-20    card payment or escrow account, in addition to the fee; and

12-21                (4)  furnishing to the county assessor-collector, the

12-22    department, or the department's wire service agent, evidence of

12-23    financial responsibility for the vehicle that complies with

12-24    Sections 501.153(c)  and 601.168(a)  and is written by an insurance

12-25    company or surety company authorized to write motor vehicle

12-26    liability insurance in this state

12-27                      [(A)  $25 for a 72-hour permit; or]

 13-1                      [(B)  $50 for a 144-hour permit].

 13-2          (d)  A county assessor-collector shall report and send a fee

 13-3    collected under this section in the manner provided by Sections

 13-4    502.102 and 502.105.  Each week, a wire service agent shall send to

 13-5    the department a report of all permits issued by the agent during

 13-6    the previous week.  The department by rule shall prescribe the form

 13-7    and content of a report required by this subsection.

 13-8          (f)  A vehicle issued a permit under this section is subject

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

13-10                (1)  is registered in another state of the United

13-11    States, [or] in a province of Canada, or in a state of the United

13-12    Mexican States; or

13-13                (2)  is mobile drilling or servicing equipment used in

13-14    the production of gas, crude petroleum, or oil, including a mobile

13-15    crane or hoisting equipment, mobile lift equipment, forklift, or

13-16    tug.

13-17          (i)  The department may establish one or more escrow accounts

13-18    in the state highway fund for the prepayment of a 72-hour permit or

13-19    a 144-hour permit.  Any fee established by the department for the

13-20    administration of this subsection shall be administered as required

13-21    by an agreement entered into by the department.

13-22          SECTION 12.  This Act takes effect September 1, 1997.

13-23          SECTION 13.  The importance of this legislation and the

13-24    crowded condition of the calendars in both houses create an

13-25    emergency and an imperative public necessity that the

13-26    constitutional rule requiring bills to be read on three several

13-27    days in each house be suspended, and this rule is hereby suspended.