1-1 AN ACT
1-2 relating to the issuance of certain specially designed license
1-3 plates by the Texas Department of Transportation and to the fund
1-4 created in connection with the issuance of certain specially
1-5 designed license plates.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter F, Chapter 502, Transportation Code,
1-8 is amended by adding Sections 502.2525 and 502.2526 to read as
1-9 follows:
1-10 Sec. 502.2525. DISCONTINUANCE OF CERTAIN SPECIALIZED LICENSE
1-11 PLATES. (a) This section applies only to license plates
1-12 authorized by:
1-13 (1) Section 502.269;
1-14 (2) Section 502.270;
1-15 (3) Section 502.2703;
1-16 (4) Section 502.271;
1-17 (5) Section 502.272;
1-18 (6) Section 502.2731;
1-19 (7) Section 502.291, as added by Chapter 165, Acts of
1-20 the 75th Legislature, Regular Session, 1997;
1-21 (8) Section 502.291, as added by Chapter 657, Acts of
1-22 the 75th Legislature, Regular Session, 1997;
1-23 (9) Section 502.292, as added by Chapter 61, Acts of
1-24 the 75th Legislature, Regular Session, 1997;
2-1 (10) Section 502.292, as added by Chapter 397, Acts of
2-2 the 75th Legislature, Regular Session, 1997;
2-3 (11) Section 502.293, as added by Chapter 511, Acts of
2-4 the 75th Legislature, Regular Session, 1997;
2-5 (12) Section 502.293, as added by Chapter 1247, Acts
2-6 of the 75th Legislature, Regular Session, 1997;
2-7 (13) Section 502.294, as added by Chapter 1222, Acts
2-8 of the 75th Legislature, Regular Session, 1997; or
2-9 (14) Section 502.295, as added by Chapter 581, Acts of
2-10 the 75th Legislature, Regular Session, 1997.
2-11 (b) Except as provided by Subsections (d) and (e), on or
2-12 after September 1, 2004, the department may continue to issue
2-13 license plates to which this section applies only if before that
2-14 date at least:
2-15 (1) 3,500 sets of the license plates authorized by a
2-16 section of this subchapter specified by Subsection (a) have been
2-17 issued or presold;
2-18 (2) $15,000 has been received by the department from
2-19 the issuance of license plates under that section; or
2-20 (3) $15,000 has been deposited with the department for
2-21 the continued issuance of those license plates.
2-22 (c) If before September 1, 2004, one of the conditions
2-23 described by Subsection (b) is not met for a type of license plate
2-24 to which this section applies, the section of this subchapter that
2-25 authorizes the issuance of that type of license plate expires on
2-26 that date.
2-27 (d) On or after September 1, 2004, the department may
3-1 continue to issue license plates under:
3-2 (1) Section 502.270 for a particular institution of
3-3 higher education or private college or university only if before
3-4 that date:
3-5 (A) 1,500 sets of license plates for the
3-6 particular institution, college, or university have been issued or
3-7 presold;
3-8 (B) $15,000 has been received by the department
3-9 from the issuance of the license plates for that institution,
3-10 college, or university; or
3-11 (C) $15,000 has been deposited with the
3-12 department for the continued issuance of the license plates for
3-13 that institution, college, or university; or
3-14 (2) Section 502.2703 for a particular professional
3-15 sports team only if before that date:
3-16 (A) 5,000 sets of the license plates for that
3-17 sports team have been issued or presold;
3-18 (B) $15,000 has been received by the department
3-19 from the issuance of license plates for that sports team; or
3-20 (C) $15,000 has been deposited with the
3-21 department for the continued issuance of license plates for that
3-22 sports team.
3-23 (e) If before September 1, 2004, the department has not
3-24 issued any license plates under Section 502.2703, that section
3-25 expires on that date.
3-26 (f) Money deposited with the department under Subsection
3-27 (b)(3), (d)(1)(C), or (d)(2)(C) shall be returned by the department
4-1 to the person who made the deposit only after the requisite number
4-2 of license plates under those subsections are issued or presold.
4-3 Sec. 502.2526. SPECIALIZED LICENSE PLATES AUTHORIZED AFTER
4-4 JANUARY 1, 1999. (a) This section applies only to specialized
4-5 license plates that are authorized to be issued by a law that takes
4-6 effect on or after January 1, 1999.
4-7 (b) The department may manufacture the specialized license
4-8 plates only if a request for manufacture of the license plates is
4-9 filed with the department. The request must be:
4-10 (1) made on a form adopted by the department;
4-11 (2) filed before the fifth anniversary of the
4-12 effective date of the law that authorizes the issuance of the
4-13 specialized license plates; and
4-14 (3) accompanied by:
4-15 (A) a deposit of $15,000; or
4-16 (B) applications for issuance of at least 3,500
4-17 sets of the license plates plus the fees for issuance of that
4-18 number of sets.
4-19 (c) Money deposited with the department under Subsection
4-20 (b)(3)(A) shall be returned to the person who made the deposit only
4-21 if 3,500 sets of the applicable license plates are issued or
4-22 presold.
4-23 (d) If a request is not filed with the department before the
4-24 date specified by Subsection (b)(2), the law that authorizes the
4-25 issuance of the specialized license plates expires on that date.
4-26 SECTION 2. Sections 502.2731(c) and (e), Transportation
4-27 Code, are amended to read as follows:
5-1 (c) The department shall issue license plates under this
5-2 section to a person who:
5-3 (1) applies to the county assessor-collector of the
5-4 county in which the person resides on a form provided by the
5-5 department; and
5-6 (2) pays an annual fee of $25 [$50], in addition to
5-7 the fee prescribed by Section 502.161 or Section 502.162 and, if
5-8 personalized prestige license plates are issued, in addition to the
5-9 fee prescribed by Section 502.251.
5-10 (e) Twenty [Forty-five] dollars of each fee collected under
5-11 Subsection (c)(2) may be used by the department only for the
5-12 purposes of supporting the department's litter prevention and
5-13 community beautification programs. The remainder of each fee
5-14 collected may be used by the department only to defray the cost of
5-15 administering this section.
5-16 SECTION 3. Subchapter F, Chapter 502, Transportation Code,
5-17 is amended by adding Section 502.303 to read as follows:
5-18 Sec. 502.303. WATERFOWL AND WETLAND CONSERVATION LICENSE
5-19 PLATES. (a) Except as provided by Subsection (b), the department
5-20 shall issue specially designed license plates for passenger cars
5-21 and light trucks to support the activities of a nonprofit
5-22 organization designated by the Parks and Wildlife Department that
5-23 has as its principal purpose the conservation of waterfowl and
5-24 wetland.
5-25 (b) The license plates must bear one or more graphic images
5-26 designed by the Parks and Wildlife Department in consultation with
5-27 the designated organization.
6-1 (c) The department shall issue license plates under this
6-2 section to a person who:
6-3 (1) applies to the county assessor-collector of the
6-4 county in which the person resides on a form provided by the
6-5 department; and
6-6 (2) pays a fee of $50 for an original issuance of
6-7 license plates under this section or $40 for a renewal of issuance
6-8 of license plates under this section, in addition to the fee
6-9 prescribed by Section 502.161 or 502.162, and, if personalized
6-10 prestige license plates are issued, in addition to the fee
6-11 prescribed by Section 502.251.
6-12 (d) The fee for replacement of a lost, stolen, or mutilated
6-13 plate issued under this section is $35, in addition to the fee
6-14 prescribed by Section 502.184(a).
6-15 (e) Of each fee collected under this section, $5 may be used
6-16 to defray the cost of administering this section by the department
6-17 and the Parks and Wildlife Department. The department shall
6-18 deposit the remainder of each fee collected under this section to
6-19 the credit of an account in the state treasury. Money in the
6-20 account may be used only by the Parks and Wildlife Department to
6-21 support the activities of a designated nonprofit organization whose
6-22 primary purpose is the conservation of waterfowl and wetland. The
6-23 Parks and Wildlife Department shall establish reporting and other
6-24 mechanisms necessary to ensure that the money is spent for purposes
6-25 for which it is dedicated.
6-26 (f) If the owner of a vehicle registered under this section
6-27 disposes of the vehicle during the registration year, the owner
7-1 shall return the special license plates to the department.
7-2 SECTION 4. Subchapter F, Chapter 502, Transportation Code,
7-3 is amended by adding Section 502.298 to read as follows:
7-4 Sec. 502.298. 100TH FOOTBALL SEASON OF STEPHEN F. AUSTIN
7-5 HIGH SCHOOL. (a) The department shall issue specially designed
7-6 license plates for passenger cars and light trucks in honor of the
7-7 100th football season of Stephen F. Austin High School in Austin.
7-8 (b) The license plates must be of a color, quality, and
7-9 design approved by the principal of Stephen F. Austin High School
7-10 in consultation with the department.
7-11 (c) The department shall issue license plates under this
7-12 section to a person who:
7-13 (1) applies to the county assessor-collector of the
7-14 county in which the person resides on a form provided by the
7-15 department; and
7-16 (2) pays an annual fee of $50, in addition to the fee
7-17 prescribed by Section 502.161, and, if personalized prestige
7-18 license plates are issued, in addition to the fee prescribed by
7-19 Section 502.251.
7-20 (d) Of each fee collected under this section, the department
7-21 shall send $35 to the Texas Education Agency for distribution to
7-22 the Austin Independent School District to be used only for the
7-23 benefit of the Austin High School Athletic Department. The
7-24 remainder of each fee collected under this section shall be
7-25 deposited to the credit of the state highway fund.
7-26 (e) This section expires September 1, 2004.
7-27 SECTION 5. Section 4, Chapter 657, Acts of the 75th
8-1 Legislature, Regular Session, 1997, is amended to read as follows:
8-2 Sec. 4. If at least $500,000 has not been deposited to the
8-3 credit of the animal friendly account in the general revenue fund,
8-4 by September 1, 2004 [2001]:
8-5 (1) Section 502.291, Transportation Code, and Sections
8-6 828.014 and 828.015, Health and Safety Code, as added by this Act,
8-7 are repealed; and
8-8 (2) money deposited to the credit of the animal
8-9 friendly account shall be transferred to the undedicated portion of
8-10 the general revenue fund.
8-11 SECTION 6. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2461 was passed by the House on April
23, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2461 on May 19, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2461 was passed by the Senate, with
amendments, on May 17, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor