1-1 By: Duncan S.B. No. 1630
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 8, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; April 8, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1630 By: Galloway
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to motor vehicle registration.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 502.001, Transportation Code, is amended
1-13 by amending Subdivision (20) and adding Subdivisions (25), (26),
1-14 (27), (28), (29), (30), and (31) to read as follows:
1-15 (20) "Road tractor" means a motor vehicle designed or
1-16 used for drawing another vehicle or a load, or a vehicle designed
1-17 for mowing rights-of-way on public highways, and not constructed to
1-18 carry:
1-19 (A) an independent load; or
1-20 (B) a part of the weight of the vehicle and load
1-21 to be drawn.
1-22 (25) "Private bus" means a bus that is not:
1-23 (A) operated for compensation or hire; and
1-24 (B) classified and registered as a "city bus" or
1-25 a "motor bus."
1-26 (26) "Rental fleet" means five or more vehicles that
1-27 are:
1-28 (A) rented or offered for rental without
1-29 drivers; and
1-30 (B) designated by a rental owner as a rental
1-31 fleet.
1-32 (27) "Rental trailer" means a utility trailer not
1-33 exceeding 4,000 pounds gross weight that is part of a rental fleet.
1-34 (28) "Token trailer" means a semitrailer:
1-35 (A) with a gross weight in excess of 6,000
1-36 pounds; and
1-37 (B) operated in combination with a truck or a
1-38 truck tractor that is licensed with either a combination plate, an
1-39 apportioned plate, or a forestry vehicle plate.
1-40 (29) "Apportioned plate" means a plate issued in lieu
1-41 of combination or truck license plates to Texas carriers who
1-42 proportionally register their fleets in other states.
1-43 (30) "Combination plate" means a plate issued to a
1-44 truck or truck tractor with a manufacturer's rated carrying
1-45 capacity in excess of one ton used or to be used in combination
1-46 with a semitrailer having a gross weight in excess of 6,000 pounds.
1-47 (31) "Forestry vehicle" means a vehicle used
1-48 exclusively for transporting forest products in their natural
1-49 state, including logs, debarked logs, untreated ties, stave bolts,
1-50 plywood bolts, pulpwood billets, wood chips, stumps, sawdust, moss,
1-51 bark, wood shavings, and property used in the production of those
1-52 products.
1-53 SECTION 2. Subchapter B, Chapter 502, Transportation Code,
1-54 is amended by adding Section 502.0571 to read as follows:
1-55 Sec. 502.0571. RULES; FORMS. (a) The department may adopt
1-56 rules to administer this chapter.
1-57 (b) The department shall:
1-58 (1) prescribe forms that the department determines are
1-59 necessary to administer this chapter; and
1-60 (2) provide each county assessor-collector with a
1-61 sufficient supply of forms.
1-62 SECTION 3. Subchapter D, Chapter 502, Transportation Code,
1-63 is amended by adding Section 502.1611 to read as follows:
1-64 Sec. 502.1611. COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY.
2-1 To determine the gross weight of a vehicle for fee purposes, the
2-2 department may request:
2-3 (1) the manufacturer's rated carrying capacity;
2-4 (2) the nominal tonnage rating;
2-5 (3) the gross vehicle weight rating; or
2-6 (4) any combination.
2-7 SECTION 4. Section 502.166, Transportation Code, is amended
2-8 by adding Subsection (d) to read as follows:
2-9 (d) The department may issue specially designed license
2-10 plates for trailers and semitrailers.
2-11 SECTION 5. Section 502.167, Transportation Code, is amended
2-12 by adding Subsections (j) and (k) to read as follows:
2-13 (j) The department may issue specially designed license
2-14 plates for token trailers.
2-15 (k) A person or entity may register a trailer under this
2-16 section for a period of five years if the person or entity owns 50
2-17 or more semitrailers. The person or entity may apply to the
2-18 department for a five-year registration insignia and pay the $75
2-19 fee prescribed by this section and, if applicable, the fee
2-20 prescribed by Section 502.172. The department may require an
2-21 applicant to submit proof of eligibility for registration under
2-22 this subsection.
2-23 SECTION 6. Section 502.252, Transportation Code, is amended
2-24 to read as follows:
2-25 Sec. 502.252. CERTAIN SPECIALIZED PLATES AVAILABLE
2-26 PERSONALIZED. A person applying for license plates under Section
2-27 502.2555, 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,
2-28 502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]
2-29 502.274, 502.289, or 502.291 may:
2-30 (1) have a license plate number assigned by the
2-31 department; or
2-32 (2) apply for personalized prestige license plates
2-33 under Section 502.251.
2-34 SECTION 7. Subchapter F, Chapter 502, Transportation Code,
2-35 is amended by adding Section 502.289 to read as follows:
2-36 Sec. 502.289. CITY AND PRIVATE BUSES. (a) The department
2-37 shall issue specially designed license plates for city and private
2-38 buses.
2-39 (b) License plates issued under this section must include
2-40 the words "city bus" for a city bus or "private bus" for a private
2-41 bus.
2-42 (c) The department shall issue license plates under this
2-43 section to a person who or city that:
2-44 (1) applies on a form prescribed by the department to
2-45 the county assessor-collector of the county in which the person
2-46 resides or which the city is located; and
2-47 (2) pays the fee in accordance with Section 502.161.
2-48 (d) Registration under this section is valid for one
2-49 registration year.
2-50 SECTION 8. Subchapter F, Chapter 502, Transportation Code,
2-51 is amended by adding Section 502.292 to read as follows:
2-52 Sec. 502.292. STATE OFFICIAL, MEMBER OF UNITED STATES
2-53 CONGRESS, UNITED STATES JUDGE, AND STATE JUDGE PLATES. (a) The
2-54 department shall issue specially designed license plates for a
2-55 vehicle owned by a:
2-56 (1) state official;
2-57 (2) member of the United States Congress;
2-58 (3) United States judge; or
2-59 (4) state judge.
2-60 (b) License plates issued under this section must include
2-61 the words "State Official," "U.S. Congress," "U.S. Judge," or
2-62 "State Judge."
2-63 (c) A state official is entitled to register for a "State
2-64 Official" plate, for the person's own use, a passenger car or light
2-65 truck if the person is:
2-66 (1) a member of the legislature;
2-67 (2) the governor;
2-68 (3) the lieutenant governor;
2-69 (4) a justice of the supreme court;
3-1 (5) a judge of the court of criminal appeals;
3-2 (6) the attorney general;
3-3 (7) the Commissioner of the General Land Office;
3-4 (8) the comptroller;
3-5 (9) a railroad commissioner;
3-6 (10) the commissioner of agriculture;
3-7 (11) the secretary of state; or
3-8 (12) a member of the State Board of Education.
3-9 (d) A member of the United States Congress is entitled to
3-10 register for a "U.S. Congress" plate, for the person's own use, a
3-11 passenger car or light truck.
3-12 (e) A United States judge or retired United States judge is
3-13 entitled to register for a "U.S. Judge" plate, for the person's own
3-14 use, a passenger car or light truck if the person is a:
3-15 (1) judge of the Fifth Circuit Court of Appeals;
3-16 (2) federal district judge or magistrate; or
3-17 (3) federal bankruptcy judge residing in Texas.
3-18 (f) A state judge or retired state judge is entitled to
3-19 register for a "State Judge" plate, for the person's own use, a
3-20 passenger car or light truck if the person is a:
3-21 (1) judge of a court of appeals;
3-22 (2) district court judge;
3-23 (3) presiding judge of an administrative judicial
3-24 district; or
3-25 (4) statutory county court judge.
3-26 (g) The department shall issue license plates under this
3-27 section to a person who:
3-28 (1) applies to the department on a form prescribed by
3-29 the department;
3-30 (2) pays the fee prescribed in Section 502.161 or
3-31 502.162; and
3-32 (3) submits proof acceptable to the department that
3-33 the person is eligible under this section.
3-34 (h) A person may be issued three sets of license plates
3-35 under this section.
3-36 (i) Registration under this section is for a 12-month
3-37 period, or remainder of that period, and expires annually in March.
3-38 (j) If the owner of a vehicle registered under this section
3-39 disposes of the vehicle during the registration year, the owner
3-40 shall return the special license plates to the department.
3-41 SECTION 9. Section 502.352, Transportation Code, is amended
3-42 by amending Subsections (a), (c), (d), and (f) and adding
3-43 Subsection (i) to read as follows:
3-44 (a) The department may issue a temporary permit for a
3-45 commercial motor vehicle, trailer, semitrailer, or motor bus that:
3-46 (1) is owned by a resident of the United States, the
3-47 United Mexican States, or Canada;
3-48 (2) is subject to registration in this state; and
3-49 (3) is not authorized to travel on a public highway
3-50 because of the lack of registration in this state or the lack of
3-51 reciprocity with the state or province in which the vehicle is
3-52 registered.
3-53 (c) A person may obtain a permit under this section by:
3-54 (1) applying to the county assessor-collector, [or]
3-55 the department, or the department's wire service agent; [and]
3-56 (2) paying a fee of $25 for a 72-hour permit or $50
3-57 for a 144-hour permit:
3-58 (A) [,] in cash;
3-59 (B) [or] by a postal money order;
3-60 (C) by a [or] certified check;
3-61 (D) by a wire transfer through the department's
3-62 wire service agent;
3-63 (E) by an escrow account; or
3-64 (F) where the service is provided, by a credit
3-65 card issued by:
3-66 (i) a financial institution chartered by a
3-67 state or the federal government; or
3-68 (ii) a nationally recognized credit
3-69 organization approved by the Texas Transportation Commission;
4-1 (3) paying a discount or service charge for a credit
4-2 card payment or escrow account in addition to the fee; and
4-3 (4) furnishing to the county assessor-collector, the
4-4 department, or the department's wire service agent evidence of
4-5 financial responsibility for the vehicle in compliance with
4-6 Sections 502.153(c) and 601.168(a) and be written by an insurance
4-7 company or surety company authorized to write motor vehicle
4-8 liability insurance in this state[, of]
4-9 [(A) $25 for a 72 hour permit; or]
4-10 [(B) $50 for a 144 hour permit].
4-11 (d) A county assessor-collector shall report and send a fee
4-12 collected under this section in the manner provided by Sections
4-13 502.102 and 502.105. A wire service agent shall send to the
4-14 department a report of all permits issued the previous week. The
4-15 department shall prescribe the form and the content requirements of
4-16 the report.
4-17 (f) A vehicle issued a permit under this section is subject
4-18 to Subchapters B and F, Chapter 548, unless the vehicle:
4-19 (1) is registered in another state of the United
4-20 States, in a state of the United Mexican States, or in a province
4-21 of Canada; or
4-22 (2) is mobile drilling or servicing equipment used in
4-23 the production of gas, crude petroleum, or oil, including a mobile
4-24 crane or hoisting equipment, mobile lift equipment, forklift, or
4-25 tug.
4-26 (i) The department may establish one or more escrow accounts
4-27 in the state highway fund for the prepayment of a 72-hour permit or
4-28 a 144-hour permit. The fees established by the department for the
4-29 administration of this subsection shall be administered in
4-30 accordance with an agreement containing terms and conditions
4-31 agreeable to the department.
4-32 SECTION 10. Subchapter G, Chapter 502, Transportation Code,
4-33 is amended by adding Section 502.3511 to read as follows:
4-34 Sec. 502.3511. COMMERCIAL MOTOR VEHICLE OR TRUCK CAPACITY.
4-35 To determine the gross weight of a vehicle for fee purposes, the
4-36 department may request:
4-37 (1) the manufacturer's rated carrying capacity;
4-38 (2) the nominal tonnage rating;
4-39 (3) the gross vehicle weight rating; or
4-40 (4) any combination.
4-41 SECTION 11. Section 621.001, Transportation Code, is amended
4-42 by adding Subdivision (10) to read as follows:
4-43 (10) "Travel trailer" means a house trailer-type
4-44 vehicle or a camper trailer that is:
4-45 (A) less than eight feet in width and 40 feet in
4-46 length, not including the hitch; and
4-47 (B) designed primarily not for use as a
4-48 permanent dwelling but as temporary living quarters for
4-49 recreational, camping, travel, or seasonal use.
4-50 SECTION 12. Subsection (c), Section 502.260, Transportation
4-51 Code, is amended to read as follows:
4-52 (c) The department shall issue license plates under this
4-53 section to a person who:
4-54 (1) applies to the department on a form prescribed by
4-55 the department;
4-56 (2) pays an annual fee of:
4-57 (A) $3 for the first set of license plates
4-58 issued under this section; and
4-59 (B) $15 for each additional set of license
4-60 plates issued under this section; and
4-61 (3) submits proof that the person has been awarded the
4-62 Purple Heart and is:
4-63 (A) an honorably discharged veteran of the
4-64 United States armed forces; [or]
4-65 (B) a member of the United States armed forces
4-66 on active duty; or
4-67 (C) a civilian national of the United States
4-68 currently employed or who was employed by the United States armed
4-69 forces.
5-1 SECTION 13. Subsection (a), Section 502.266, Transportation
5-2 Code, is amended to read as follows:
5-3 (a) The surviving spouse of a person who would be eligible
5-4 for [was issued] license plates under Section 502.254 is entitled
5-5 to continue to register one motor vehicle under that section as
5-6 long as the spouse remains unmarried.
5-7 SECTION 14. Subchapter F, Chapter 502, Transportation Code,
5-8 is amended by adding Section 502.293 to read as follows:
5-9 Sec. 502.293. COUNTY OFFICIAL PLATES. (a) The department
5-10 shall issue specially designed license plates for a vehicle owned
5-11 by a county official.
5-12 (b) License plates issued under this section must include
5-13 the words "County Official."
5-14 (c) A county official is entitled to register for a "County
5-15 Official" plate, for the person's own use, a passenger car or light
5-16 truck if the person is:
5-17 (1) a county commissioner; or
5-18 (2) a county judge who presides over the commissioners
5-19 court of a county.
5-20 (d) The department shall issue license plates under this
5-21 section to a person who:
5-22 (1) applies to the department on a form prescribed by
5-23 the department;
5-24 (2) pays the fee prescribed in Section 502.161 or
5-25 502.162; and
5-26 (3) submits proof acceptable to the department that
5-27 the person is eligible under this section.
5-28 (e) A person may be issued two sets of license plates under
5-29 this section.
5-30 (f) Registration under this section is for a 12-month
5-31 period, or remainder of that period, and expires annually in March.
5-32 (g) If the owner of a vehicle registered under this section
5-33 disposes of the vehicle during the registration year, the owner
5-34 shall return the special license plates to the department.
5-35 SECTION 15. Subsection (e), Section 502.280, Transportation
5-36 Code, is repealed.
5-37 SECTION 16. (a) In addition to the substantive changes in
5-38 law made by this Act, this Act amends Chapter 502, Transportation
5-39 Code, to conform to the changes in the law made by Section 1,
5-40 Chapter 164, Section 2, Chapter 179, Section 1, Chapter 325,
5-41 Section 1, Chapter 558, Section 1, Chapter 733, Section 1, Chapter
5-42 875, Acts of the 74th Legislature, 1995.
5-43 (b) Section 1, Chapter 350, Section 1, Chapter 733, and
5-44 Section 1, Chapter 875, Acts of the 74th Legislature, 1995, are
5-45 repealed.
5-46 (c) To the extent of any conflict, this Act prevails over
5-47 another Act of the 75th Legislature, Regular Session, 1997,
5-48 relating to nonsubstantive additions to and corrections in enacted
5-49 codes.
5-50 SECTION 17. The importance of this legislation and the
5-51 crowded condition of the calendars in both houses create an
5-52 emergency and an imperative public necessity that the
5-53 constitutional rule requiring bills to be read on three several
5-54 days in each house be suspended, and this rule is hereby suspended,
5-55 and that this Act take effect and be in force from and after its
5-56 passage, and it is so enacted.
5-57 * * * * *