C.S.S.B. 1704 78(R) BILL ANALYSIS C.S.S.B. 1704 By: Wentworth Transportation Committee Report (Substituted) BACKGROUND AND PURPOSE To provide for increased efficiency in the issuance of specialty license plates by the Texas Department of Transportation and for consistency in related motor vehicle registration provisions. Currently, when a motor vehicle is registered, the owner is entitled to a set of general-issue license plates. Alternatively, the owner may apply for a set of specialty license plates. Specialty license plates include a wide variety of license plates. Some are generally available to the public (e.g. State of the Arts), some are available only to a limited number of persons (e.g. Purple Heart), and others are available only for certain vehicles (e.g. Antique Vehicle). The laws governing specialty license plates have been passed over a number of sessions. Most bills creating license plates addressed only one type of license plate or a specific plate. As a result, there is little consistency in the terms governing specialty license plates. Inconsistencies include fees, costs, design responsibility, the handling of replacement plates, the types of eligible vehicles, and the handling of license plates when a vehicle is sold. These inconsistencies increase administrative costs and can confuse the public. There is no provision in current law for the Texas Transportation Commission (commission) or for the Texas Department of Transportation (department) to create new license plates at the request of potential sponsors or for reliance on private contractors to improve marketing of specialty license plates. CSSB 1704 provides for the issuance of specialty license plates by the Texas Department of Transportation by reorganizing, updating, and rationalizing the provisions governing existing specialty license plates, by establishing a mechanism for the issuance of new specialty license plates, by authorizing the department to market specialty license plates through a private vendor, and by adding new specialty license plates an a consistent format. CSSB 1704 repeals Subchapter F, Chapter 502, Transportation Code, and recodifies its provisions in new Chapter 504, Transportation Code, while moving some provisions that do not relate to specialty license plates to new locations in Chapter 502, Transportation Code. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Transportation Commission in SECTION 1 (Sections 504.002, 504.004, 504.102, 504.301, 504.601, 504.801, and 504.851, Transportation Code). Additional rulemaking authority is delegated to the Texas Board of Health in SECTION 5 of the bill (Section 162.016, Health and Safety Code. ANALYSIS SECTION 1. Amends Subtitle A, Title 7, Transportation Code, by adding Chapter 504 as follows: CHAPTER 504. SPECIALTY LICENSE PLATES SUBCHAPTER A. GENERAL PROVISIONS. Sec. 504.001. DEFINITIONS. Defines "commission" and "director" and incorporates other definitions from Chapter 502. Sec. 504.002. PROVISIONS OF GENERAL APPLICABILITY. Establishes standards for all specialty license plates unless provided otherwise by a specific provision or by rule. (1) Provides that all vehicles are eligible for specialty license plates, but that the department may modify designs to accommodate vehicles other than passenger cars and light trucks. (2) Provides that applications must be submitted in the manner specified by the department with proof of eligibility, if applicable. (3) Provides that fees are in addition to those paid for or at the time of registration and shall be deposited in the state highway fund. (4) Provides that specialty license plate fees are annual and allows for prorating fees to coordinate them with registration periods. (5) Provides that the department is the owner of specialty license plate designs. (6) Authorizes the department to refuse to issue designs or alphanumeric patterns that may be offensive to members of the public and provides that this determination may not be overturned in the absence of an abuse of discretion. (7) Provides for reimbursement of county tax-assessor collectors in the amount of 50 cents per plate for each license plate issued through them. (8) Provides for replacement of lost, mutilated, or stolen license plates. (9) Requires the return of license plates if a vehicle is disposed of or ceases to be eligible. (10) Prevents transfer of license plates between vehicles without the department's approval. Sec. 504.003. SOUVENIR LICENSE PLATES. (a) Allows the department to sell souvenir license plates that may not be used as registration insignia. (b) Provides a fee of $10 to be deposited to the state highway fund. (c) Provides a fee for personalized souvenir license plates of $30, with $10 deposited to the state highway fund and $20 to general revenue. (d) Requires that souvenir license plates not be used as registration insignia and be marked in a way that identifies it as a souvenir license plate. Sec. 504.004. RULES AND FORMS. Allows the commission to adopt rules and the department to issue forms to implement and administer this chapter. SUBCHAPTER B. PERSONALIZED LICENSE PLATES. Sec. 504.101. PERSONALIZED LICENSE PLATES. Requires the department to issue personalized license plates for $40, provides for disposition of fees, and sets additional fee for a new set before six years after the date of issuance. Sec. 504.102. PERSONALIZATION OF OTHER SPECIALTY LICENSE PLATES. Allows all other specialty license plates to be personalized unless prohibited by another section or by rule and sets the additional fee. Sec. 504.103. DESIGN AND ALPHANUMERIC PATTERN. Gives the department control over the design, typeface, color, and alphanumeric pattern for personalized license plates. SUBCHAPTER C. LICENSE PLATES FOR VEHICLES USED BY PERSONS WITH DISABILITIES. Sec. 504.201. PERSONS WITH DISABILITIES. (a) Defines "disability," "mobility problem that substantially impairs a person's ability to ambulate," and "legally blind." (b) Provides for issuance of specialty license plates for vehicles that carry disabled persons and that have a rated capacity of two tons or less. (c) Allows application if a vehicle will be operated by or for an eligible person. (d) Sets standards for initial application for disabled person license plates. (e) Establishes the number of disabled person placards and license plates for which a person may apply. (f) Sets design standards for disabled person license plates. (g) Allows for issuance of additional license plates for certain customized vehicles. Sec. 504.202. VETERANS WITH DISABILITIES. Provides for issuance of specialty license plates for veterans with disabilities, sets eligibility standards for persons, organizations, and vehicles, sets design standards, and sets fees. Sec. 504.203. ISSUANCE OF DISABLED LICENSE PLATES TO CERTAIN INSTITUTIONS. Provides for issuance of specialty license plates under Section 504.201 or 504.202 to certain eligible institutions for the transportation of persons who would be eligible under Section 504.201 or 504.202. SUBCHAPTER D. SPECIALTY LICENSE PLATES FOR THE MILITARY. Sec. 504.301. PROVISIONS GENERALLY APPLICABLE TO MILITARY SPECIALTY LICENSE PLATES. Establishes standards for all specialty license plates unless provided otherwise by a specific provision or by rule. (1) Provides that the department shall design the license plates. (2) Provides that a person is not eligible for military license plates if the person was discharged from the armed forces under conditions less than honorable. Sec. 504.302. SURVIVING SPOUSES OF CERTAIN MILITARY VETERANS. Provides that surviving spouses may obtain military license plates and requires proof of eligibility. Sec. 504.303. MEMBERS OR FORMER MEMBERS OF UNITED STATES ARMED FORCES. Provides that the department shall issue specialty license plates for active or former members of the U.S. armed forces and sets fees. Sec. 504.304. MEMBERS OF UNITED STATES ARMED FORCES AUXILIARIES. Provides that the department shall issue specialty license plates for members of the Air Force Auxiliary, Civil Air Patrol, the Coast Guard Auxiliary, and the Marine Corps League and sets fees. Sec. 504.305. MEMBERS OF TEXAS NATIONAL GUARD, STATE GUARD, OR UNITED STATES ARMED FORCES RESERVES. Provides that the department shall issue specialty license plates for members of the Texas National Guard, State Guard, and Armed Forces Reserves, sets fees, and allows for proof of eligibility. Sec. 504.306. PERSONS RETIRED FROM SERVICE IN MERCHANT MARINE OF THE UNITED STATES. Provides that the department shall issue specialty license plates for former members of the merchant marine and sets fees. Sec. 504.307. AIRBORNE PARACHUTISTS. Provides that the department shall issue specialty license plates for airborne parachutists, sets fees, and allows for proof of eligibility. Sec. 504.308. DISTINGUISHED FLYING CROSS MEDAL RECIPIENTS. Provides that the department shall issue specialty license plates for recipients of the distinguished flying cross and sets fees. Sec. 504.309. MILITARY ACADEMY LICENSE PLATES. Provides that the department shall issue specialty license plates for military academy graduates with no fee. Sec. 504.310. WORLD WAR II VETERANS. Provides that the department shall issue specialty license plates for World War II veterans with no fee. Sec. 504.311. KOREAN WAR VETERANS. Provides that the department shall issue specialty license plates for Korean War veterans with no fee. Sec. 504.312. VIETNAM VETERANS. Provides that the department shall issue specialty license plates for Vietnam veterans with no fee. Sec. 504.313. DESERT SHIELD OR DESERT STORM VETERANS. Provides that the department shall issue specialty license plates for Desert Shield and Desert Storm veterans with no fee. Sec. 504.314. ENDURING FREEDOM VETERANS. Provides that the department shall issue specialty license plates for persons who participated in Operation Enduring Freedom with no fee. Sec. 504.315. MILITARY SPECIALTY LICENSE PLATES FOR EXTRAORDINARY SERVICE. (a) Permits vehicles with specialty license plates issued under this section to be registered without paying a fee for or at the time of registration. (b) Sets fees for the license plates. (c) Provides for Prisoner of War license plates. (d) Provides for Pearl Harbor Survivor license plates. (e) Provides for Congressional Medal of Honor license plates. (f) Provides for Legion of Valor license plates. (g) Provides for Purple Heart license plates. SUBCHAPTER E. SPECIALTY LICENSE PLATES WITH RESTRICTED DISTRIBUTION. Sec. 504.401. STATE OFFICIALS. Provides that the department shall issue specialty license plates with no fee for certain identified state officials, including district attorneys, and establishes an expiration date of December 31. Sec. 504.402. MEMBERS OF CONGRESS. Provides that the department shall issue specialty license plates for members of Congress with no fee and establishes an expiration date of December 31. Sec. 504.403. STATE AND FEDERAL JUDGES. Provides that the department shall issue specialty license plates for certain current, retired, or visiting state and federal judges with no fee and establishes an expiration date of December 31. Sec. 504.404. FEDERAL ADMINISTRATIVE LAW JUDGES. Provides that the department shall issue specialty license plates for federal administrative law judges with no fee. Sec. 504.405. COUNTY JUDGES. Provides that the department shall issue specialty license plates for constitutional county judges with no fee. Sec. 504.406. TEXAS CONSTABLES. Provides that the department shall issue specialty license plates for constables with no fee. Sec. 504.407. PEACE OFFICERS WOUNDED OR KILLED IN LINE OF DUTY. Provides that the department shall issue specialty license plates for peace officers wounded in the line of duty or surviving family members of peace officers killed in the line of duty and sets fees. Sec. 504.408. GOLD STAR MOTHERS. Provides that the department shall issue specialty license plates for mothers of persons who died while serving in the armed forces and sets fees. Sec. 504.409. VOLUNTEER FIREFIGHTERS. Provides that the department shall issue specialty license plates for volunteer firefighters, sets fees, and establishes eligibility. Sec. 504.410. EMERGENCY MEDICAL SERVICES PERSONNEL. Provides that the department shall issue specialty license plates for certified emergency medical services personnel and sets fees. Sec. 504.411. HONORARY CONSULS. Provides that the department shall issue specialty license plates for honorary consuls with no fee. Sec. 504.412. FOREIGN ORGANIZATION VEHICLES. Provides that the department shall issue foreign organization license plates with no license plate fee and without any fee for or at the time of registration. Sec. 504.413. MEMBERS OF AMERICAN LEGION. Provides that the department shall issue specialty license plates for members of the American Legion and sets fees. SUBCHAPTER F. SPECIALTY LICENSE PLATES FOR CERTAIN VEHICLES. Sec. 504.501. CLASSIC MOTOR VEHICLES. Provides that the department shall issue specialty license plates for 25-year-old motor vehicles, permits alternative registration insignia, and sets fees. Sec. 504.502. CERTAIN EXHIBITION VEHICLES; OFFENSE. Provides that the department shall issue specialty license plates for certain vehicles that are used exclusively for certain functions of public interest, permits alternative registration insignia, sets fees, and allows those vehicles to be registered without payment of a fee for or at the time of registration. Sec. 504.503. MUNICIPAL AND PRIVATE BUSES. Provides that the department shall issue license plates for municipal and private buses with no fee. Sec. 504.504. CERTAIN FARM VEHICLES AND DRILLING AND CONSTRUCTION EQUIPMENT. Provides that the department shall issue license plates for certain farm vehicles and equipment, sets fees, and allows certain vehicles to be registered without payment of a fee. Sec. 504.505. COTTON VEHICLES. Provides that the department shall issue specialty license plates for certain cotton vehicles and sets fees. Sec. 504.506. CERTAIN LOG LOADER VEHICLES. Provides that the department shall issue license plates for certain log loader vehicles, sets fees, and allows those vehicles to be registered without payment of a fee. Sec. 504.507. FORESTRY VEHICLES. Provides that the department shall issue license plates for forestry vehicles and sets fees. Sec. 504.508. TOW TRUCKS. Provides that the department shall issue license plates for tow trucks and sets fees. Sec. 504.509. VEHICLES CARRYING MOBILE AMATEUR RADIO EQUIPMENT. Provides that the department shall issue license plates for persons who hold amateur radio station licenses and who operate mobile equipment and sets fees. Sec. 504.510. GOLF CART LICENSE PLATES. Provides that the department shall issue license plates for certain golf carts, sets fees, and allows those vehicles to be registered without payment of a fee. SUBCHAPTER G. SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. Sec. 504.601. GENERAL PROVISIONS APPLICABLE TO ALL SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. Establishes standards for all specialty license plates for general distribution unless provided otherwise by a specific provision or by rule. (1) Sets fees of $30. (2) Permits the department to recover administrative costs of $8. Sec. 504.602. KEEP TEXAS BEAUTIFUL LICENSE PLATES. Provides that the department shall issue license plates containing the words "Keep Texas Beautiful" and authorizes the distribution of fees. Sec. 504.603. TEXAS CAPITOL LICENSE PLATES. Provides that the department shall issue license plates depicting the Texas Capitol and authorizes the distribution of fees. Sec. 504.604. TEXAS COMMISSION ON THE ARTS LICENSE PLATES. Provides that the department shall issue license plates including the words "State of the Arts" and authorizes the distribution of fees. Sec. 504.605. ANIMAL FRIENDLY LICENSE PLATES. Provides that the department shall issue license plates including the words "Animal Friendly" and authorizes the distribution of fees. Sec. 504.606. BIG BEND NATIONAL PARK LICENSE PLATES. Provides that the department shall issue license plates including images of Big Bend and authorizes the distribution of fees. Sec. 504.607. READ TO SUCCEED. Provides that the department shall issue license plates including the words "Read To Succeed" and authorizes the distribution of fees. Sec. 504.608. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE LICENSE PLATES. Provides that the department shall issue license plates including the words "Boy Scouts of America" and authorizes the distribution of fees. Sec. 504.609. UNITED STATES OLYMPIC COMMITTEE LICENSE PLATES. Provides that the department shall issue license plates including the words "United States Olympic Committee" and authorizes the distribution of fees. Sec. 504.610. TEXAS AEROSPACE COMMISSION LICENSE PLATES. Provides that the department shall issue license plates including the words "Texas Aerospace Commission" and authorizes the distribution of fees. Sec. 504.611. VOLUNTEER ADVOCATE PROGRAM LICENSE PLATES. Provides that the department shall issue license plates in recognition of children and authorizes the distribution of fees. Sec. 504.612. TEXAS YOUNG LAWYERS ASSOCIATION LICENSE PLATES. Provides that the department shall issue license plates including the words "And Justice for All" and authorizes the distribution of fees. Sec. 504.613. HOUSTON LIVESTOCK SHOW AND RODEO LICENSE PLATES. Provides that the department shall issue license plates including the words "Houston Livestock Show and Rodeo" and authorizes the distribution of fees. Sec. 504.614. PROFESSIONAL SPORTS TEAM LICENSE PLATES. Provides that the department shall issue license plates including the name and insignia of certain sports teams and authorizes the distribution of fees. Sec. 504.615. COLLEGIATE LICENSE PLATES. Provides that the department shall issue license plates including the name and insignia of certain colleges and authorizes the distribution of fees. Sec. 504.616. TEXAS READS LICENSE PLATES. Provides that the department shall issue license plates including the words "Texas Reads" and authorizes the distribution of fees. Sec. 504.617. TEXAS. IT'S LIKE A WHOLE OTHER COUNTRY LICENSE PLATES. Provides that the department shall issue license plates including the Texas patch and the words "Texas. It's Like a Whole Other Country" and authorizes the distribution of fees. Sec. 504.618. CONSERVATION LICENSE PLATES. Provides that the department shall issue license plates to support Texas Parks and Wildlife activities and authorizes the distribution of fees. Sec. 504.619. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING LICENSE PLATES. Provides that the department shall issue license plates in support of the Texas Commission for the Deaf and Hard of Hearing and authorizes the distribution of fees. Sec. 504.620. TEXANS CONQUER CANCER LICENSE PLATES. Provides that the department shall issue license plates including the words "Texans Conquer Cancer" and authorizes the distribution of fees. Sec. 504.621. SPECIAL OLYMPICS TEXAS LICENSE PLATES. Provides that the department shall issue license plates including the words "Special Olympics Texas" and authorizes the distribution of fees. Sec. 504.622. GIRL SCOUT LICENSE PLATES. Provides that the department shall issue license plates including the words "Girl Scouts" and authorizes the distribution of fees. Sec. 504.623. TEXAS YMCA. Provides that the department shall issue license plates in honor of the Young Men's Christian Association and authorizes the distribution of fees. Sec. 504.624. 100TH FOOTBALL SEASON OF STEPHEN F. AUSTIN HIGH SCHOOL. Provides that the department shall issue license plates in honor of the 100th football season of Stephen F. Austin High School in Austin and authorizes the distribution of fees. Sec. 504.625. TEXAS AGRICULTURAL PRODUCTS LICENSE PLATES. Provides that the department shall issue license plates including the words "Go Texan" and the "Go Texan" logo and authorizes the distribution of fees. Sec. 504.626. TEXAS CITRUS INDUSTRY. Provides that the department shall issue license plates in honor of the citrus industry and authorizes the distribution of fees. Sec. 504.627. WATERFOWL AND WETLAND CONSERVATION LICENSE PLATES. Provides that the department shall issue license plates including graphic images supplied by the Parks and Wildlife Department and authorizes the distribution of fees. Sec. 504.628. UNITED WE STAND LICENSE PLATES. Provides that the department shall issue license plates including the words "United We Stand" and authorizes the distribution of fees. Sec. 504.629. TEXAS PGA JUNIOR GOLF LICENSE PLATES. Provides that the department shall issue license plates in honor of Texas PGA Junior Golf and authorizes the distribution of fees. Sec. 504.630. AIR FORCE ASSOCIATION LICENSE PLATES. Provides that the department shall issue license plates that include the words "Air Force Association" and authorizes the distribution of fees. Sec. 504.631. TEXAS STATE RIFLE ASSOCIATION LICENSE PLATES. Provides that the department shall issue license plates to honor the Texas State Rifle Association and authorizes the distribution of fees. Sec. 504.632. URBAN FORESTRY LICENSE PLATES. Provides that the department shall issue license plates to benefit urban forestry and authorizes the distribution of fees. Sec. 504.633. SHARE THE ROAD LICENSE PLATES. Provides that the department shall issue license plates including the words "Share the Road" and authorizes the distribution of fees. Sec. 504.634. SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK LICENSE PLATES. Provides that the department shall issue San Antonio Missions National Historical Park license plates and authorizes the distribution of fees. Sec. 504.635. EL PASO MISSION VALLEY LICENSE PLATES. Provides that the department shall issue El Paso Mission Valley license plates and authorizes the distribution of fees. Sec. 504.636. COTTON BOLL LICENSE PLATES. Provides that the department shall issue license plates depicting a cotton boll and authorizes the distribution of fees. Sec. 504.637. DAUGHTERS OF THE REPUBLIC OF TEXAS LICENSE PLATES. Provides that the department shall issue license plates including the words "Native Texan" and authorizes the distribution of fees. Sec. 504.638. KNIGHTS OF COLUMBUS LICENSE PLATES. Provides that the department shall issue license plates including the words "Knights of Columbus" and authorizes the distribution of fees. Sec. 504.639. TEXAS MUSIC LICENSE PLATES. Provides that the department shall issue license plates including the words "Texas Music" and authorizes the distribution of fees. Sec. 504.640. SPACE SHUTTLE COLUMBIA LICENSE PLATES. Provides that the department shall issue Space Shuttle Columbia license plates and authorizes the distribution of fees. Sec. 504.641. BE A BLOOD DONOR LICENSE PLATES. Provides that the department shall issue Be a Blood Donor license plates and authorizes the distribution of fees. Sec. 504.642. TEXAS COUNTY CHILD WELFARE BOARD LICENSE PLATES. Provides that the department shall issue Texas County Child Welfare Boards license plates and authorizes the distribution of fees. Sec. 504.643. STAR DAY SCHOOL LIBRARY READERS ARE LEADERS LICENSE PLATES. Provides that the department shall issue license plates including the words "STAR Day School Library Readers Are Leaders" and authorizes the distribution of fees. Sec. 504.644. MARINE MAMMAL RECOVERY LICENSE PLATES. Provides that the department shall issue Marine Mammal Recovery license plates and authorizes the distribution of fees. Sec. 504.645. 4-H LICENSE PLATES. Provides that the department shall issue license plates including the words "To Make the Best Better" and "Texas 4-H" and authorizes the distribution of fees. Sec. 504.646. SMILE TEXAS STYLE LICENSE PLATES. Provides that the department shall issue license plates including the words "Smile Texas Style" and authorizes the distribution of fees. Sec. 504.647. FIGHT TERRORISM LICENSE PLATES. Provides that the department shall issue Fight Terrorism license plates and authorizes the distribution of fees. Sec. 504.648. GOD BLESS TEXAS AND GOD BLESS AMERICA LICENSE PLATES. Provides that the department shall issue license plates including the words "God Bless Texas" and "God Bless America" and authorizes the distribution of fees. Sec. 504.649. TEXAS JUNETEENTH LICENSE PLATES. Provides that the department shall issue Texas Juneteenth license plates and authorizes the distribution of fees. Sec. 504.650. KEEPING TEXAS STRONG LICENSE PLATES. Provides that the department shall issue Keeping Texas Strong license plates and authorizes the distribution of fees. Sec. 504.651. MARCH OF DIMES LICENSE PLATES. Provides that the department shall issue license plates including the words "March of Dimes" and authorizes the distribution of fees. Sec. 504.652. MASTER GARDENER LICENSE PLATES. Provides that the department shall issue license plates including the seal of the Master Gardener program of Texas Cooperative Extension and authorizes the distribution of fees. Sec. 504.653. MOTHER-CHILD SURVIVORS EDUCATIONAL SCHOLARSHIP FUND LICENSE PLATES. Provides that the department shall issue mother-child survivors educational scholarship fund license plates and authorizes the distribution of fees. Sec. 504.654. PRESERVE AMERICA'S BORDERLAND LICENSE PLATES. Provides that the department shall issue Preserve America's Borderland license plates and authorizes the distribution of fees. Sec. 504.655. EAGLE SCOUT LICENSE PLATES. Provides that the department shall issue license plates including the Eagle Scout medal and authorizes the distribution of fees. Sec. 504.656. TEJANO MONUMENT LICENSE PLATES. Provides that the department shall issue Tejano Monument license plates and authorizes the distribution of fees. Sec. 504.657. TEXAS LIONS CAMP LICENSE PLATES. Provides that the department shall issue Texas Lions Camp license plates and authorizes the distribution of fees. SUBCHAPTER H. ADMINISTRATIVE PROVISIONS RELATING TO SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. Sec. 504.701. DISCONTINUANCE OF CERTAIN SPECIALTY LICENSE PLATES. Provides for the discontinuance of certain specialty plates if they fail to meet specified sales criteria. Sec. 504.702. SPECIALTY LICENSE PLATES AUTHORIZED AFTER JANUARY 1, 1999. Provides that license plates authorized after January 1, 1999, may only be issued if they meet specified advance sales criteria or if the department receives a deposit. SUBCHAPTER I. DEVELOPMENT OF NEW SPECIALTY LICENSE PLATES. Sec. 504.801. CREATION OF NEW SPECIALTY LICENSE PLATES BY THE DEPARTMENT. (a) Provides that the department may issue new specialty license plates on receipt of an application or on its own initiative. (b) Allows the sponsoring of a new specialty license plate with the filing of an application. (c) Establishes design responsibilities, permits the department to refuse to create a design under specified circumstances or for a reason established by rule, and permits the creation of new license plates with limited distributions. (d) Sets a fee of $30. (e) Authorizes the distribution of fees. (f) Provides that Subchapter D, Chapter 316, Government Code, and Section 403.095, Government Code, do not apply. (g) Authorizes the department to report to the legislature and to recommend appropriations necessary to implement the requests of sponsors. (h) Permits the department to license trademarks for use on license plates when there was no sponsor. (i) Permits the department to vary the design of a license plate to accommodate or reflect its use on a motor vehicle other than a passenger car or light truck. SUBCHAPTER J. MARKETING OF SPECIALTY PLATES THROUGH PRIVATE VENDOR. Sec. 504.851. CONTRACT WITH PRIVATE VENDOR. (a) Authorizes the commission to authorize the department to enter into a contract with the private vendor whose proposal is most advantageous to the state as determined from competitive sealed proposals for marketing personalized prestige license plates or other specialized license plates. (b) Requires the commission to establish fees for the issuance or renewal of personalized prestige license plates that are marketed and sold by the private vendor, instead of the fees established by Section 504.101(c), if the commission authorizes the department to contract with a private vendor under Subsection (a)(1) for the marketing and sale of personalized prestige license plates. Requires the commission by rule to establish fees for the issuance or renewal of personalized prestige license plates that are marketed and sold by the private vendor. Requires fees to be reasonable and not less than the greater of certain amounts. (c) Requires the commission to establish fees for the issuance or renewal of specialized license plates that are marketed and sold by the private vendor, if the commission authorizes the department to contract with a private vendor under Subsection (a)(2) for the marketing and sale of other specialized license plates authorized by this subchapter, including specialized license plates that may be personalized. Requires the commission by rule to establish the fees for the issuance or renewal of specialized license plates that are marketed and sold by the private vendor. Requires fees to be reasonable and not less than the amounts necessary to allow the department to recover certain costs. Provides that a fee established under this subsection is in addition to certain other fees. (d) Authorizes the commission, at any time, as necessary to comply with Subsection (b) or (c), to increase or decrease the amount of a fee established under the applicable subsection. (e) Provides that a contract with a private vendor under Subsection (a)(1) is payable only from amounts derived from the collection of the fee established under Subsection (b). Provides that a contract with a private vendor under Subsection (a)(2) is payable only from amounts derived from the collection of the fee established under Subsection (c). (f) Authorizes the department to create new design and color combinations for personalized prestige license plates that are marketed or sold by a private vendor under a contract entered into under Subsection (a)(1). Provides that each approved license plate design and color combination remains the property of the department. (g) Authorizes the department to create new design and color combinations for specialized plates, including specialized license plates that may be personalized, that are marketed or sold by a private vendor under a contract entered into under Subsection (a)(2). Provides that each approved license plate design and color combination remains the property of the department. Provides that this subsection does not authorize certain activities. (h) Authorizes the department, in connection with a license plate that is marketed or sold by a private vendor under contract, to cancel a license plate or require the discontinuation of a license plate design or color combination at any time if the department determines that the cancellation or discontinuation is in the best interest of this state or the motoring public. (i) Sets forth the requirements and authorizations of a contract entered into by the department with a private vendor under this section. (j) Requires the department, from amounts received by the department, to deposit to the credit of the state highway fund an amount sufficient to enable the department to recover its administrative cost for all license plates issued under this section, including any payments to the vendor under Subsection (a), and any other amounts allocated to the state highway fund by another law. Requires, to the extent that disposition of other amounts received from the vendor are governed by another law, those amounts to be deposited in accordance with the other law, and for each type of license plate, the amount charged for the license plate may not be less than the amount in effect on January 1, 2003. Requires any additional amount received from the vendor to be deposited to the credit of the general revenue fund. (k) Authorizes the commission to authorize the department to pay a licensing fee for the use of a trademark in connection with the marketing and sale of a license plate under this section. SECTION 2. Amends Subchapter A, Chapter 502, Transportation Code, to add Sections 502.0071, 502.0072, 502.0073, 502.0074, 502.0078, and 502.0079, as follows: Sec. 502.0071. GOLF CARTS. Provides that certain golf carts are not required to be registered. Sec. 502.0072. MANUFACTURED HOUSING. Provides that manufactured housing is not required to be registered. Sec. 502.0073. POWER SWEEPERS. Provides that power sweepers are not required to be registered. Sec. 502.0074. MOTORIZED MOBILITY DEVICE. Provides that motorized mobility devices are not required to be registered. Sec. 502.0078. VEHICLES OPERATED ON PUBLIC HIGHWAY SEPARATING REAL PROPERTY UNDER VEHICLE OWNER'S CONTROL. Provides that a vehicle is not considered to be using a highway if it is only operated to cross the highway from one portion of the owner's property to another. Sec. 502.0079. VEHICLES OPERATED BY CERTAIN NONRESIDENTS. Allows nonresidents to operate vehicles temporarily without registration if registered in another state and if similar privileges are granted to residents of this state by that state. Specifies circumstances in which a nonresident may and may not operate a vehicle in this state when the nonresident's vehicle is registered in the state in which that person is a resident. SECTION 3. Amends Subchapter D, Chapter 502, Transportation Code, by adding Sections 502.187 and 502.188 as follows: Sec. 502.187. PARADE VEHICLES OWNED BY NONPROFIT SERVICE ORGANIZATIONS. Provides that certain parade vehicles owned by nonprofit organizations may be registered without payment of a fee. Sec. 502.188. CERTAIN SOIL CONSERVATION EQUIPMENT. Provides that certain soil conservation equipment may be registered with the payment of a fee that is 50 percent of the fee that would otherwise be required. SECTION 4. Amends Subchapter B, Chapter 7, Education Code, by adding Section 7.026 as follows: Sec. 7.026. AUSTIN MUSIC FOUNDATION ACCOUNT. (a) Establishes the Austin Music Foundation account in the general revenue fund. (b) Provides for administration of the account. SECTION 5. Amends Chapter 162, Health and Safety Code, by adding Sections 162.016 and 162.017 as follows: Sec. 162.016. BE A BLOOD DONOR ACCOUNT. (a) Establishes the Be a Blood Donor account in the general revenue fund. (b) Provides for administration of the account. (c) Authorizes the Texas Board of Health to accept donations and adopt rules governing expenditures from the account. Sec. 162.017. BE A BLOOD DONOR ADVISORY COMMITTEE. Establishes the Be a Blood Donor advisory committee, provides for membership and terms of office, assigns duties, and allows for reimbursement for expenses. SECTION 6. (a) Repeals Subchapter F, Chapter 502, Transportation Code. (b) Provides that the repeal of Section 502.273, Transportation Code, does not affect the validity of license plates already issued under that section. SECTION 7. Provides that this Act shall not adversely affect general revenue and that if it does, the department's administrative fee shall be reduced during the 2004-2005 biennium by the amount necessary to offset any adverse effect. SECTION 8. Provides that this Act is effective upon passage or, if the Act does not receive the necessary vote, September 1, 2003. EFFECTIVE DATE Upon passage, or, if the Act does not Receive the necessary vote, the Act takes effect September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1704 incorporates all the significant provisions of the original bill. Section 1 of the original bill, providing for a marketing contract with a private vendor, is included in the substitute. Changes are made to conform the language in the substitute to the format of the substitute and to take advantage of provisions in the substitute that apply to all specialty license plates and therefore do not need to be repeated with regard to each type of specialty license plate. Section 2 of the original bill, providing for the creation of new specialty license plates by the department, is included in the substitute. Changes are made to conform the language in the substitute to the format of the substitute and to take advantage of provisions in the substitute that apply to all specialty license plates and therefore do not need to be repeated with regard to each type of specialty license plate. Also in Section 2, the disposition of fees for personalized souvenir license plates is altered to provide that $20 of each fee shall be deposited to general revenue. Sections 3 and 20 of the original bill amended the law governing two existing license plates. Those changes are included in the substitute. Sections 9, 10, and 24 of the original bill alter the eligibility of some vehicles for several existing specialty license plates and make changes in fees. These provisions are not included in the substitute because the substitute language gives the department authority to issue all specialty license plates for all vehicles and standardizes initial and renewal fees for most specialty license plates to a greater extent. Section 12 of the original bill provides for a new allocation of fees for the Texas State Rifle Association license plate. This provision was adopted. Provisions applicable only to new license plates were not specifically mentioned because this is not a new license plate. Sections 27 and 28 of the original bill create accounts that are designed to receive the allocation of some fees from certain specialty license plates. These provisions are included in the substitute without significant change. Sections 4, 5, 6, 7, 8, 11, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 25, and 26 of the original bill create new specialty license plates, provide for the disposition of fees for those license plates, and include other provisions relating to the issuance of those license plates. The substitute includes each of those new license plates, incorporates the same specific design features, and allocates funds to the same accounts or uses. Fees, design responsibility, and other administrative provisions are standardized in the substitute for most generally available license plates. The substitute differs from the original in several other ways. Existing Subchapter F, Chapter 502, Transportation Code, which mainly includes provisions relating to specialty license plates, is repealed. Its provisions dealing with specialty license plates are incorporated in new Chapter 504, Transportation Code. Chapter 504, Transportation Code, as reflected in the substitute, includes all existing specialty license plates, but standardizes some fees and administrative provisions to reduce costs and enhance efficiency, including provision for more consistent allocation of fees, the provision of funds to counties when specialty license plates are issued through them, clarified design responsibility and ownership, clarified authority for the department to reject certain alphanumeric combinations, clarified responsibility for the prorating of license plate fees when the registration period is longer or shorter than a year, increased availability of specialty plates for vehicles other than passenger cars and light trucks, and increased availability of personalization for specialty license plates. Several existing provisions of Subchapter F, Chapter 502, Transportation Code, relate primarily to registration and not to the issuance of specialty license plates. These provisions have been relocated elsewhere in Chapter 502. The substitute differs from the original by including a number of new specialty license plates that were not in the original, but were referenced in bills filed before the House of Representatives during the 78th Legislative Session. In each case, as with the new specialty license plates included in S.B. 1704, the substitute includes those new license plates, incorporates the same specific design features, and allocates funds to the same accounts or uses. Fees, design responsibility, and other administrative provisions are standardized in the substitute for most generally available license plates. The substitute differs from the original by incorporating in the new Chapter 504, Transportation Code, some amendments to existing license plates that were referenced in bills filed before the House of Representatives during the 78th Legislative Session. These include, for example, changes in the fees and plate designs for disabled veterans, changes in the eligibility requirements for Desert Shield and Desert Storm license plates, adding district attorneys to the list of officials eligible for State Official license plates, switching some statewide judges from State Official to State Judge license plates, and the renaming of New Millennium license plates to Texas Reads license plates. The substitute includes a provision to insure that it will have no adverse effect on general revenue. If general revenue would otherwise be adversely affected, the department's administrative fee is reduced by the amount necessary to eliminate the adverse effect. The substitute also includes various other substantive, procedural, and technical changes.