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.