HBA-MPM, NIK H.B. 2461 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2461
By: Alexander
Transportation
8/17/1999Enrolled

BACKGROUND AND PURPOSE 

The Texas Department of Transportation (department) produces over 50
specially designed license plates.  Such license plates have traditionally
been seen as a fundraising tool for charitable organizations, colleges, and
universities; however, most specialty license plates have not covered the
cost to the department for the production of the plates.  H.B. 2461
requires the discontinuance of certain license plates if they do not meet
minimum sales figures or unless a $15,000 deposit is made to the
department. This bill also decreases the annual fee for a "Keep Texas
Beautiful" license plate and provides for additional specially designed
license plates.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter F, Chapter 502, Transportation Code, by adding
Sections 502.2525 and 502.2526, as follows: 

Sec. 502.2525. DISCONTINUANCE OF CERTAIN SPECIALIZED LICENSE PLATES. (a)
Provides that this section applies only to specialized license plates
authorized by the enumerated sections.   

(b) Authorizes the Texas Department of Transportation (department), except
as provided by Subsections (d) and (e), on or after September 1, 2004, to
continue to issue license plates to which this section applies only if
before that date at least 3,500 sets of the specified specialized license
plates have been issued or presold, at least $15,000 has been received by
the department from the issuance of specified license plates, or $15,000
has been deposited with the department for the continued issuance of those
license plates. 

(c)  Provides that, if before September 1, 2004, one of the conditions
described by Subsection (b) is not met for a type of license plate to which
this section applies, the section of this subchapter that authorizes the
issuance of that type of license plate expires on that date. 

(d) Authorizes the department to continue to issue license plates, on or
after September 1, 2004, under Section 502.270 (Collegiate License Plates)
for a particular institution of higher education or private college or
university only if before that date the specified sales or financial
requirements are met, or under Section 502.2703 (Professional Sports Team
License Plates) for a particular professional sports team only if before
that date specified sales or financial requirements are met. 

(e) Provides that, if before September 1, 2004, the department has not
issued any license plates under Section 502.2703, that section expires on
that date. 

(f) Requires money deposited with the department under specified Subsection
(b) or (d) to be returned by the department to the person who made the
deposit only after the requisite number of license plates under those
subsections are issued or presold. 

Sec. 502.2526. SPECIALIZED LICENSE PLATES AUTHORIZED AFTER JANUARY 1,
1999. (a) Provides that this section applies only to specialized license
plates that are authorized to be issued by a law that takes effect on or
after January 1, 1999. 

(b) Authorizes the department to manufacture the specialized license plates
only if a request for manufacture of the license plates is filed with the
department.  Provides that the request must adhere to enumerated
provisions. 

(c) Requires that money deposited with the department under Subsection (b)
to be returned to the person who made the deposit only if 3,500 sets of the
applicable license plates are issued or presold. 

(d) Provides that if a request is not filed with the department before the
date specified by Subsection (b), the law that authorizes the issuance of
the specialized license plates expires on that date. 

SECTION 2.  Amends Section 502.2731, Transportation Code, to decrease the
annual fee a person pays to $25, rather than $50, for a "Keep Texas
Beautiful" license plate.  Authorizes $20, rather than $45, of each fee
collected under this section to be used by the department only for the
purposes of supporting the department's litter prevention and community
beautification programs. 

SECTION 3.  Amends Subchapter F, Chapter 502, Transportation Code, by
adding Section 502.303, as follows: 

Sec. 502.303.  WATERFOWL AND WETLAND CONSERVATION LICENSE PLATES. (a)
Requires the department, except as provided by Subsection (b), to issue
specially designed license plates for passenger cars and light trucks to
support the activities of a nonprofit organization which has a specific
purpose relating to the conservation of waterfowl and wetland and that is
designated by the Parks and Wildlife Department. 

(b) Provides that the license plates must bear one or more graphic images
designed by the Parks and Wildlife Department in consultation with the
designated organization. 

(c)  Requires the department to issue license plates under this section to
persons who follow a certain procedure with respect to making application
for the plates and paying certain fees. 

(d)  Provides that the fee for replacing a lost, stolen, or mutilated plate
issued under this section is $35, in addition to the fee prescribed by
Section 502.184(a) (Replacement of Lost, Stolen, or Mutilated License Plate
or Registration Insignia), Transportation Code, which describes the methods
by which the owner of a registered motor vehicle may obtain from the
department through the county assessor-collector replacement license plates
or a replacement registration insignia. 

(e)  Authorizes $5, of each fee collected under this section, to be used to
defray administrative costs by the department and the Parks and Wildlife
Department with respect to this section.  Requires the department to
deposit the remainder of each fee collected under this section in an
account in the state treasury.  Authorizes money in this account to be used
only by the Parks and Wildlife Department to support the activities of a
designated nonprofit organization whose primary purpose is the conservation
of waterfowl and wetland.  Requires the Parks and Wildlife Department to
establish reporting and other mechanisms necessary to ensure that the money
is spent for purposes for which it is dedicated. 

(f)  Requires the owner of a vehicle registered under this section to
return the special license plates to the department, if the owner disposes
of the vehicle during the registration year. 

SECTION 4.  Amends Subchapter F, Chapter 502, Transportation Code, by
adding Section 502.298,  as follows: 

Sec. 502.298.  100TH FOOTBALL SEASON OF STEPHEN F. AUSTIN HIGH SCHOOL. (a)
Requires the department to issue specially designed license plates for
passenger cars and light trucks in honor of the 100th football season of
Stephen F. Austin High School (high school) in Austin. 

(b)  Provides that the license plates must be of a color, quality, and
design approved by the principal of the high school in consultation with
the department. 

(c)  Requires the department to issue license plates under this section to
persons who follow a certain procedure with respect to making application
for the plates and paying certain fees. 

(d)  Requires the department, of each fee collected under this section, to
send $35 to the Texas Education Agency for distribution to the Austin
Independent School District to be used only for the benefit of the Austin
High School Athletic Department.  Requires the remainder of the fee to be
deposited in the state highway fund. 

(e)  Provides that this section expires September 1, 2004.

SECTION 5.  Amends Section 4, Chapter 657, Acts of the 75th Legislature,
Regular Session, 1997, to repeal Section 502.291 (United States Olympic
Committee License Plates) Transportation Code, and Sections 828.014 (Animal
Friendly Account) and 828.015 (Animal Friendly Advisory Committee), Health
and Safety Code, and to require that money deposited to the credit of the
animal friendly account be transferred to the undedicated portion of the
general revenue fund if at least $500,000 has not been deposited to the
credit of the animal friendly account by September 1, 2004, rather than
September 1, 2001. 

SECTION 6.  Emergency clause.
Effective date:  90 days after passage.