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