78R11536 JD-F
By: Garza H.B. No. 3106
Substitute the following for H.B. No. 3106:
By: Edwards C.S.H.B. No. 3106
A BILL TO BE ENTITLED
AN ACT
relating to the registration of certain vehicles and the issuance
of specially designed license plates by the Texas Department of
Transportation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 7, Transportation Code, is
amended by adding Chapter 504 to read as follows:
CHAPTER 504. SPECIALTY LICENSE PLATES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 504.001. DEFINITIONS. (a) In this chapter,
"commission" and "director" have the meanings assigned by Section
201.001.
(b) A word or phrase that is not defined by this chapter but
is defined by Section 502.001 has the meaning in this chapter that
is assigned by that section.
Sec. 504.002. PROVISIONS OF GENERAL APPLICABILITY. Unless
expressly provided by this chapter or by department rule:
(1) any vehicle is eligible to be issued specialty
license plates, provided that the department may vary the design of
a plate to accommodate or reflect its use on a motor vehicle other
than a passenger car or light truck;
(2) an application for specialty license plates must
be submitted in the manner specified by the department, provided
that if issuance of a specialty license plate is limited to
particular persons or motor vehicles, the application must be
accompanied by evidence satisfactory to the department that the
applicant or the applicant's vehicle is eligible;
(3) the fee for issuance of a speciality license plate
is in addition to each other fee that is paid for or at the time of
the registration of the motor vehicle and shall be deposited to the
credit of the state highway fund;
(4) each fee described by this chapter is an annual
fee, provided that the department may prorate the fee for a
specialty license plate fee on a monthly basis to align the license
plate fee to the registration period for the motor vehicle for which
the license plate was issued, and if a fee is prorated, the
allocation of the fee by this chapter to an account or fund shall be
prorated in proportion;
(5) the department is the exclusive owner of the
design of each specialty license plate;
(6) the director may refuse to issue a specialty
license plate with a design or alphanumeric pattern that the
director considers potentially objectionable to one or more
members of the public and the director's refusal may not be
overturned in the absence of an abuse of discretion;
(7) for each specialty license plate that is issued
through a county tax assessor-collector and for which the
department is allocated a portion of a fee for administrative
costs, the department shall credit 50 cents from its administrative
costs to the county treasurer of the applicable county, who shall
credit the money to the general fund of the county to defray the
costs to the county of administering this chapter;
(8) if a speciality license plate is lost, stolen, or
mutilated, an application for a replacement plate must be
accompanied by the fee prescribed by Section 502.184(a)(2);
(9) if the owner of a motor vehicle for which a
specialty license plate is issued disposes of the vehicle or for any
reason ceases to be eligible for that specialty license plate, the
owner shall return the specialty license plate to the department;
and
(10) a person who is issued a specialty license plate
may not transfer it to another person or vehicle without first
receiving approval from the department.
Sec. 504.003. SOUVENIR LICENSE PLATES. (a) The department
may issue a souvenir version of any specialty license plate.
(b) The fee for a single souvenir license plate is $10. If
the souvenir license plate is personalized, the fee for the plate is
$30.
(c) A souvenir license plate may not be used on a motor
vehicle and is not an insignia of registration for a motor vehicle.
Each souvenir license plate must be identified by the department in
a way that identifies it to law enforcement officers and others as a
souvenir license plate.
Sec. 504.004. RULES AND FORMS. The commission may adopt
rules and the department may issue forms to implement and
administer this chapter.
[Sections 504.005-504.100 reserved for expansion]
SUBCHAPTER B. PERSONALIZED LICENSE PLATES
Sec. 504.101. PERSONALIZED LICENSE PLATES. (a) The
department shall issue personalized license plates. The department
may not issue more than one set of license plates with the same
alphanumeric pattern.
(b) A personalized license plate may be issued for a
registration period only if the applicant submits an application
and pays the required fee for the applicable registration period. A
person who is issued a personalized license plate has first
priority on that license plate for each subsequent registration
period for which the person submits a new application for that
plate.
(c) The fee for issuance of a personalized license plate is
$40.
(d) The department may not issue a replacement set of
personalized license plates to the same person before the sixth
anniversary of the date of issuance unless the applicant for
issuance of replacement plates pays an additional fee of $30.
(e) Of each fee collected by the department under this
section:
(1) $1.25 shall be used to defray the cost of
administering this section; and
(2) the remainder shall be deposited to the credit of
the general revenue fund.
Sec. 504.102. PERSONALIZATION OF OTHER SPECIALTY LICENSE
PLATES. Unless expressly prohibited by this chapter or department
rule, any specialty license plate issued under this chapter may be
personalized. If another specialty license plate is personalized,
the fee established by Section 504.101(c) shall be added to the fee
for issuance of that specialty license plate.
Sec. 504.103. DESIGN AND ALPHANUMERIC PATTERN. The
department has sole control over the design, typeface, color, and
alphanumeric pattern for a personalized license plate.
[Sections 504.104-504.200 reserved for expansion]
SUBCHAPTER C. LICENSE PLATES FOR VEHICLES USED BY PERSONS WITH
DISABILITIES
Sec. 504.201. PERSONS WITH DISABILITIES. (a) In this
section:
(1) "Disability" and "mobility problem that
substantially impairs a person's ability to ambulate" have the
meanings assigned by Section 681.001.
(2) "Legally blind" means a condition described by
Section 681.001(2)(B) or (C).
(b) The department shall issue specialty license plates for
a motor vehicle that:
(1) has a manufacturer's rated carrying capacity of
two tons or less; and
(2) is regularly operated for noncommercial use by or
for the transportation of a person with a permanent disability.
(c) An owner of a motor vehicle regularly operated by or for
the transportation of a person described by Subsection (a) may
apply to the department for registration under this section.
(d) The initial application for specialty license plates
under this section must be accompanied by a written statement from a
physician who is licensed to practice medicine in this state or in a
state adjacent to this state or who is authorized by applicable law
to practice medicine in a hospital or other health facility of the
Department of Veterans Affairs. If the applicant has a mobility
problem caused by a disorder of the foot, the written statement may
be issued by a person licensed to practice podiatry in this state or
a state adjacent to this state. In this subsection, "podiatry" has
the meaning assigned by Section 681.001. The statement must
certify that the person making the application or on whose behalf
the application is made is legally blind or has a mobility problem
that substantially impairs the person's ability to ambulate. The
statement must also certify whether a mobility problem is temporary
or permanent. A written statement is not required as acceptable
medical proof if:
(1) the person with a disability:
(A) has had a limb, hand, or foot amputated; or
(B) must use a wheelchair; and
(2) the applicant and the county assessor-collector
processing the application execute an affidavit attesting to the
person's disability.
(e) A person with a disability may receive:
(1) one disabled parking placard under Section 681.002
if the person receives a set of license plates under this section;
or
(2) two disabled parking placards under Section
681.002 if the person does not receive a set of license plates under
this section.
(f) A license plate issued under this section must include
the symbol of access adopted by Rehabilitation International in
1969 at its Eleventh World Congress on Rehabilitation of the
Disabled. The symbol must be the same size as the numbers on the
license plate.
(g) In addition to a license plate issued under this
section, an eligible person is entitled to be issued a set of the
license plates for each motor vehicle owned by the person that has a
carrying capacity of two tons or less and is equipped with special
equipment that:
(1) is designed to allow a person who has lost the use
of one or both of the person's legs to operate the vehicle; and
(2) is not standard equipment on that type of vehicle
for use by a person who has use of both legs.
Sec. 504.202. VETERANS WITH DISABILITIES. (a) A person
entitled to specialty license plates under this section may
register, for the person's own use, one eligible motor vehicle
without payment of any fee other than the registration fee for the
vehicle. Registration under this section is valid for one year.
(b) The department shall issue a specialty license plate for
a motor vehicle that has a manufacturer's rated carrying capacity
of two tons or less and that is owned by a veteran of the United
States armed forces. A veteran is entitled to register, for the
person's own use, two motor vehicles under this section if the
person:
(1) has suffered, as a result of military service:
(A) at least a 60 percent service-connected
disability; or
(B) a 40 percent service-connected disability
because of the amputation of a lower extremity; and
(2) receives compensation from the United States
because of the disability.
(c) An organization may register a motor vehicle under this
section if:
(1) the vehicle is used exclusively to transport
veterans of the United States armed forces who have suffered, as a
result of military service, a service-connected disability; and
(2) the veterans are not charged for the
transportation.
(d) A statement by the veterans county service officer of
the county in which a vehicle described by Subsection (b) is
registered or by the Department of Veterans Affairs that a vehicle
is used exclusively to transport veterans with disabilities without
charge is satisfactory proof of eligibility for an organization.
(e) License plates issued under this section must include:
(1) the letters "DV" as a prefix or suffix to any
numeral on the plate; and
(2) the words "Disabled Vet."
(f) The initial and renewal fee for the first set of license
plates is $3. An applicant may be issued additional license plates
without payment of an additional fee. If a license plate is lost,
stolen, or mutilated, on payment of a $1 fee, the department shall
issue a set of replacement plates.
Sec. 504.203. ISSUANCE OF DISABLED PLATES TO CERTAIN
INSTITUTIONS. (a) The department shall issue specialty license
plates under this subchapter for a van or bus operated by an
institution, facility, or residential retirement community for the
elderly or for veterans in which an eligible person resides,
including:
(1) an institution that holds a license issued under
Chapter 242, Health and Safety Code; or
(2) a facility that holds a license issued under
Chapter 246 or 247 of that code.
(b) An application for license plates under this section
must be accompanied by a written statement signed by the
administrator or manager of the institution, facility, or
retirement community certifying that the institution, facility, or
retirement community regularly transports, as a part of the
services that the institution, facility, or retirement community
provides, one or more eligible persons who reside in the
institution, facility, or retirement community. The department
shall determine the eligibility of the institution, facility, or
retirement community on the evidence the applicant provides.
(c) The application and eligibility requirements for a
license plate under this section are the same as those provided by
Sections 504.201 and 504.202, as applicable.
[Sections 504.204-504.300 reserved for expansion]
SUBCHAPTER D. SPECIALTY LICENSE PLATES FOR THE MILITARY
Sec. 504.301. PROVISIONS GENERALLY APPLICABLE TO MILITARY
SPECIALTY LICENSE PLATES. Unless expressly provided by this
subchapter or department rule:
(1) the department shall design specialty license
plates for the military; and
(2) a person is not eligible to be issued a specialty
license plate under this subchapter if the person was discharged
from the United States armed forces under conditions less than
honorable.
Sec. 504.302. SURVIVING SPOUSES OF CERTAIN MILITARY
VETERANS. (a) The surviving spouse of a person who would be
eligible for a specialty license plate under this subchapter is
entitled to continue to register one vehicle under the applicable
section as long as the spouse remains unmarried.
(b) An applicant for registration under this section must
submit proof of the eligibility of the applicant's deceased spouse
for the applicable specialty license plate.
(c) A surviving spouse applying for specialty license
plates under this section must submit a written statement that the
spouse is unmarried. If the surviving spouse is applying for Former
Prisoner of War, Pearl Harbor Survivor, or Purple Heart specialty
license plates, the statement must be sworn to by the surviving
spouse.
Sec. 504.303. MEMBERS OR FORMER MEMBERS OF UNITED STATES
ARMED FORCES. (a) The department shall issue specialty license
plates for active or former members of the United States armed
forces. The license plates must designate the appropriate branch
of the United States armed forces.
(b) The fee for issuance of the license plates is:
(1) $10 for the first set of license plates; and
(2) $15 for each additional set of license plates.
Sec. 504.304. MEMBERS OF UNITED STATES ARMED FORCES
AUXILIARIES. (a) The department shall issue specialty license
plates for members of:
(1) the United States Air Force Auxiliary, Civil Air
Patrol;
(2) the United States Coast Guard Auxiliary; and
(3) the Marine Corps League or its auxiliary.
(b) The license plates must include the words "Texas Wing
Civil Air Patrol," the words "Coast Guard Auxiliary," or the emblem
of the Marine Corps League and the words "Marine Corps League," as
applicable.
(c) The fee for issuance of the license plates is:
(1) $10 for the first set of license plates; and
(2) $15 for each additional set of license plates.
Sec. 504.305. MEMBERS OF TEXAS NATIONAL GUARD, STATE GUARD,
OR UNITED STATES ARMED FORCES RESERVES. (a) The department shall
issue without charge specialty license plates for:
(1) active members of the Texas National Guard or
Texas State Guard;
(2) retired members of the Texas National Guard or
Texas State Guard who have completed 20 or more years of
satisfactory federal service; and
(3) members of a reserve component of the United
States armed forces.
(b) The department shall design the license plates in
consultation with the adjutant general. The license plates must
include the words "Texas Guard" or "Armed Forces Reserve," as
applicable.
(c) A letter from the United States Department of Defense,
the Department of the Army, or the Department of the Air Force
stating that a retired guard member has 20 or more years of
satisfactory federal service is satisfactory proof of eligibility.
Sec. 504.306. PERSONS RETIRED FROM SERVICE IN MERCHANT
MARINE OF THE UNITED STATES. (a) The department shall issue
specialty license plates for persons retired from service in the
merchant marine of the United States. The license plates must
include the words "Merchant Marine." A person may be issued only
one set of license plates under this section.
(b) The fee for issuance of the license plates is $10.
Sec. 504.307. WORLD WAR II VETERANS. The department shall
issue without charge specialty license plates for persons who
served in the United States armed forces after December 6, 1941, and
before January 1, 1947. The license plates must include the words
"WWII Veteran."
Sec. 504.308. KOREAN WAR VETERANS. (a) The department
shall issue without charge specialty license plates for persons who
served in the United States armed forces after June 26, 1950, and
before February 1, 1955. License plates issued under this section
must include the words "Korea Veteran."
(b) There is no fee for the license plates.
Sec. 504.309. VIETNAM VETERANS. (a) The department shall
issue without charge specialty license plates for persons who
served in the United States armed forces during:
(1) the period beginning on February 28, 1961, and
ending on May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during that period; or
(2) the period beginning on August 5, 1964, and ending
on May 7, 1975, in all other cases.
(b) License plates issued under this section must include
the words "Vietnam Veteran."
Sec. 504.310. DESERT SHIELD OR DESERT STORM VETERANS. The
department shall issue without charge speciality license plates for
persons who served in the United States armed forces and were
deployed to the Middle East, where they participated in Operation
Desert Shield or Desert Storm. License plates issued under this
section must include the words "Desert Storm."
Sec. 504.311. MILITARY SPECIALTY LICENSE PLATES FOR
EXTRAORDINARY SERVICE. (a) A person entitled to specialty license
plates under this section may register, for the person's own use,
one vehicle without payment of any fee paid for or at the time of
registration except the fee for the license plates. Registration
is valid for one year and may be renewed without charge.
(b) The fee for issuance of the license plates is:
(1) $3 for the first set of license plates; and
(2) $15 for each additional set of license plates.
(c) The department shall issue specialty license plates for
a person who was captured and incarcerated by an enemy of the United
States during a period of conflict with the United States. The
license plates must show that the recipient is a former prisoner of
war.
(d) The department shall issue specialty license plates for
survivors of the attack on Pearl Harbor on December 7, 1941. The
license plates must include the words "Pearl Harbor Survivor" and
must be consecutively numbered. A person is eligible if the person:
(1) served in the United States armed forces;
(2) was stationed in the Hawaiian Islands on December
7, 1941; and
(3) survived the attack on Pearl Harbor on December 7,
1941.
(e) The department shall issue specialty license plates to a
recipient of a Congressional Medal of Honor awarded under Title 10,
United States Code. The department shall assign the license plate
number, and the plates may not be personalized.
(f) The department shall issue specialty license plates for
recipients of the Air Force Cross or Distinguished Service Cross,
the Army Distinguished Service Cross, the Navy Cross, or the Medal
of Honor. The license plates must include the words "Legion of
Valor."
(g) The department shall issue specialty license plates for
recipients of the Purple Heart. License plates issued under this
section must include:
(1) the Purple Heart emblem;
(2) the words "Purple Heart" at the bottom of each
plate; and
(3) the letters "PH" as a prefix or suffix to the
numerals on the plate if the plate is not personalized.
[Sections 504.312-504.400 reserved for expansion]
SUBCHAPTER E. SPECIALTY LICENSE PLATES WITH
RESTRICTED DISTRIBUTION
Sec. 504.401. STATE OFFICIALS. (a) The department shall
issue without charge specialty license plates to a state official.
The license plates must include the words "State Official."
(b) A state official may be issued three sets of license
plates under this section.
(c) The license plates remain valid until December 31 of
each year.
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) a justice of the supreme court;
(5) a judge of the court of criminal appeals;
(6) the attorney general;
(7) the commissioner of the General Land Office;
(8) the comptroller;
(9) a member of the Railroad Commission of Texas;
(10) the commissioner of agriculture;
(11) the secretary of state; or
(12) a member of the State Board of Education.
Sec. 504.402. MEMBERS OF CONGRESS. (a) The department
shall issue without charge specialty license plates for members of
congress. License plates issued under this section must include
the words "U.S. Congress."
(b) A person may be issued three sets of license plates
under this section.
(c) The license plates remain valid until December 31 of
each year.
Sec. 504.403. STATE AND FEDERAL JUDGES. (a) The department
shall issue without charge specialty license plates for a current,
retired, or visiting state or federal judge. The license plates
must include the words "State Judge" or "U.S. Judge," as
appropriate.
(b) A person may be issued three sets of license plates
under this section.
(c) The license plates remain valid until December 31 of
each year.
(d) In this section:
(1) "Federal judge" means:
(A) a judge of the Fifth Circuit Court of
Appeals;
(B) a judge or magistrate of a United States
district court; or
(C) a judge of a United States bankruptcy court.
(2) "State judge" means:
(A) a judge of a court of appeals;
(B) a district court judge;
(C) a presiding judge of an administrative
judicial district; or
(D) a statutory county court judge.
Sec. 504.404. COUNTY JUDGES. (a) The department shall
issue without charge specialty license plates for county judges of
this state. The license plates shall bear the words "County Judge."
(b) A person may be issued three sets of license plates
under this section.
(c) In this section, "county judge" means the judge of the
county court established by Section 15, Article V, Texas
Constitution.
Sec. 504.405. PEACE OFFICERS WOUNDED OR KILLED IN LINE OF
DUTY. (a) The department shall issue specialty license plates for:
(1) a person wounded in the line of duty as a peace
officer; or
(2) a surviving spouse, parent, brother, sister, or
adult child, including an adopted child or stepchild, of a person
killed in the line of duty as a peace officer.
(b) License plates issued under this section must include
the words "To Protect and Serve" above an insignia depicting a
yellow rose superimposed over the outline of a badge.
(c) The fee for issuance of the license plates is $20.
(d) In this section, "peace officer" has the meaning
assigned by Section 1.07, Penal Code.
Sec. 504.406. GOLD STAR MOTHERS. (a) The department shall
issue specialty license plates for the mother of a person who died
while serving in the United States armed forces. License plates
issued under this section must include the words "Gold Star Mother"
and a gold star. A person may not be issued more than one set of the
license plates at a time.
(b) The fee for issuance of the license plates is $10.
Sec. 504.407. VOLUNTEER FIREFIGHTERS. (a) The department
shall issue specialty license plates for volunteer firefighters
certified by:
(1) the Texas Commission on Fire Protection; or
(2) the State Firemen's and Fire Marshals' Association
of Texas.
(b) The fee for issuance of the license plates is $4.
(c) A person may be issued only one set of the license
plates.
Sec. 504.408. HONORARY CONSULS. (a) The department shall
issue specialty license plates for a person who is an honorary
consul authorized by the United States to perform consular duties.
License plates issued under this section must include the words
"Honorary Consul."
(b) The fee for issuance of the license plates is $40.
Sec. 504.409. FOREIGN ORGANIZATION VEHICLES. (a) The
department shall issue specialty license plates for an
instrumentality established by a foreign government recognized by
the United States before January 1, 1979, that is without official
representation or diplomatic relations with the United States. The
license plates issued must include the words "Foreign Organization"
and shall remain valid for five years.
(b) A person entitled to specialty license plates under this
section may register the vehicle without payment of any fee paid for
or at the time of registration.
[Sections 504.410-504.500 reserved for expansion]
SUBCHAPTER F. SPECIALTY LICENSE PLATES FOR CERTAIN VEHICLES
Sec. 504.501. CLASSIC MOTOR VEHICLES. (a) The department
shall issue specialty license plates for a motor vehicle that is at
least 25 years old. The license plates must include the words
"Classic Auto," "Classic Motorcycle," or "Classic Truck" or a
similar designation, as appropriate.
(b) A person eligible for the license plates may instead use
license plates that were issued by this state in the same year as
the model year of the vehicle and are approved by the department.
The department may require the attachment of a registration
insignia to the license plate in a manner that does not affect the
display of information originally on the license plate.
(c) The fee for issuance or approval of license plates under
this section is $15.
Sec. 504.502. CERTAIN EXHIBITION VEHICLES; OFFENSE. (a)
The department shall issue specialty license plates for a passenger
car, truck, motorcycle, or former military vehicle that:
(1) is at least 25 years old, if the vehicle is a
passenger car, truck, or motorcycle;
(2) is a collector's item;
(3) is used exclusively for exhibitions, club
activities, parades, and other functions of public interest and is
not used for regular transportation; and
(4) does not carry advertising.
(b) The license plates must include the words "Antique
Auto," "Antique Truck," "Antique Motorcycle," or "Military
Vehicle," as appropriate.
(c) A person eligible for the license plates may instead use
license plates issued by this state in the same year as the model
year of the vehicle and approved by the department, provided that a
passenger car must bear passenger car or truck license plates, and a
truck must bear passenger car or truck license plates. The
department may require attachment of a registration insignia to the
license plate in a manner that does not affect the display of
information originally on the license plate.
(d) License plates issued or approved under this section
expire on the fifth anniversary of the date of issuance or approval.
(e) The fee for issuance or approval of license plates under
this section is:
(1) $10 for each year or portion of a year remaining in
the five-year registration period if the vehicle was manufactured
in 1921 or later; or
(2) $8 for each year or portion of a year remaining in
the five-year registration period if the vehicle was manufactured
before 1921.
(f) The department may exempt a former military vehicle from
the requirement to display a license plate or registration insignia
if the exemption is necessary to maintain the vehicle's accurate
military markings. The department may approve an alternative
registration insignia that is compatible with the vehicle's
original markings.
(g) A person entitled to specialty license plates or to
department approval under this section may register the vehicle
without payment of any fees paid for or at the time of registration
except the fee for the license plate. An owner of a vehicle
registered under this subsection who violates this section commits
an offense. An offense under this section is a misdemeanor
punishable by a fine of not less than $5 or more than $200.
(h) Notwithstanding any other provision of law, a vehicle
issued license plates under Subsection (a) shall be required to
attach and display only one license plate on the rear of the
vehicle.
(i) In this section, "former military vehicle" means a
vehicle, including a trailer, regardless of the vehicle's size,
weight, or year of manufacture, that:
(1) was manufactured for use in any country's military
forces; and
(2) is maintained to represent its military design and
markings accurately.
Sec. 504.503. MUNICIPAL AND PRIVATE BUSES. (a) The
department shall issue without charge specialty license plates for
municipal buses and private buses. The license plates must include
the words "City Bus" or "Private Bus," as appropriate.
(b) In this section, "private bus" means a bus that:
(1) is not operated for hire; and
(2) is not classified as a municipal bus or a motor
bus.
Sec. 504.504. CERTAIN FARM VEHICLES AND DRILLING AND
CONSTRUCTION EQUIPMENT. (a) The department shall issue specialty
license plates to a vehicle described by Subsection (b) or (c). The
fee for the license plates is $5.
(b) An owner is not required to register a vehicle that is
used only temporarily on the highways if the vehicle is:
(1) a farm trailer or farm semitrailer with a gross
weight of more than 4,000 pounds but not more than 34,000 pounds
that is used exclusively to transport:
(A) seasonally harvested agricultural products
or livestock from the place of production to the place of
processing, market, or storage; or
(B) farm supplies from the place of loading to
the farm;
(2) machinery used exclusively for the purpose of
drilling water wells; or
(3) construction machinery that is not designed to
transport persons or property on a public highway.
(c) An owner is not required to register a vehicle that is:
(1) a farm trailer or farm semitrailer owned by a
cotton gin and used exclusively to transport agricultural products
without charge from the place of production to the place of
processing, market, or storage;
(2) a trailer used exclusively to transport fertilizer
without charge from a place of supply or storage to a farm; or
(3) a trailer used exclusively to transport cottonseed
without charge from a place of supply or storage to a farm or place
of processing.
(d) A vehicle described by Subsection (b) is exempt from the
inspection requirements of Subchapters B and F, Chapter 548.
(e) This section does not apply to a farm trailer or farm
semitrailer that:
(1) is used for hire;
(2) has metal tires operating in contact with the
highway;
(3) is not equipped with an adequate hitch pinned or
locked so that it will remain securely engaged to the towing vehicle
while in motion; or
(4) is not operated and equipped in compliance with
all other law.
(f) A vehicle to which this section applies that is operated
on a public highway in violation of this section is considered to be
operated while unregistered and is immediately subject to the
applicable registration fees and penalties prescribed by Chapter
502.
(g) In this section, the gross weight of a trailer or
semitrailer is the combined weight of the vehicle and the load
carried on the highway.
Sec. 504.505. COTTON VEHICLES. (a) The department shall
issue specialty license plates for a single motor vehicle that is:
(1) used only to transport seed cotton modules,
cotton, cotton burrs, or equipment used in transporting or
processing cotton; and
(2) not more than 10 feet in width.
(b) The license plates must include the words "Cotton
Vehicle."
(c) The initial fee for issuance of the license plates is
$8. The license plates may be renewed without payment of a fee.
Sec. 504.506. CERTAIN LOG LOADER VEHICLES. (a) The
department shall issue specialty license plates for a vehicle that
is temporarily operated on public highways, during daylight hours
only, and on which machinery is mounted solely to load logs on other
vehicles.
(b) The fee for issuance of the license plates is $62.50.
(c) A person entitled to specialty license plates under this
section may register the vehicle without payment of any fee paid for
or at the time of registration other than the fee for the license
plates.
(d) A vehicle having a license plate issued under this
section is exempt from the inspection requirements of Chapter 548.
(e) This section does not apply to a vehicle used to haul
logs.
(f) A vehicle to which this section applies that is operated
on a public highway in violation of this section is considered to be
operated or moved while unregistered and is immediately subject to
the applicable fees and penalties prescribed by Chapter 502.
Sec. 504.507. FORESTRY VEHICLES. (a) The department shall
issue specialty license plates for forestry vehicles. License
plates issued under this section must include the words "Forestry
Vehicle."
(b) The fee for issuance of the license plates is $8. The
department shall:
(1) also collect any additional fee that a county
imposes under this chapter for registration of a forestry vehicle;
and
(2) send the fee to the appropriate county for
disposition.
(c) In this section, "forestry vehicle" means a vehicle used
exclusively for transporting forest products in their natural
state, including logs, debarked logs, untreated ties, stave bolts,
plywood bolts, pulpwood billets, wood chips, stumps, sawdust, moss,
bark, wood shavings, and property used in production of those
products.
Sec. 504.508. TOW TRUCKS. (a) The department shall issue
specialty license plates for a commercial motor vehicle used as a
tow truck. The license plates must include the words "Tow Truck."
A vehicle used commercially as a tow truck shall display license
plates issued under this section.
(b) The fee for issuance of the license plates is $15.
(c) Proof of eligibility for license plates under this
section must include a copy of the registration certificate issued
by the department for the tow truck.
(d) In this section, "tow truck" means a motor vehicle
adapted or used to tow, winch, or otherwise move another motor
vehicle.
Sec. 504.509. VEHICLES CARRYING MOBILE AMATEUR RADIO
EQUIPMENT. (a) The department shall issue specialty license
plates for a person who holds an amateur radio station license
issued by the Federal Communications Commission and who operates
receiving and transmitting mobile amateur radio equipment. The
license plates shall include the person's amateur call letters as
assigned by the Federal Communications Commission. A person may
register more than one vehicle equipped with mobile amateur radio
equipment under this section, and the department shall issue
license plates that include the same amateur call letters for each
vehicle.
(b) The fee for issuance of the license plates is $2 for the
first year and $1 for each subsequent year.
Sec. 504.510. GOLF CART LICENSE PLATES. (a) The department
shall issue specialty license plates for an eligible golf cart.
(b) The fee for issuance of the license plates is $10.
(c) A person entitled to specialty license plates under this
section may register the golf cart without payment of any fees paid
for or at the time of registration other than the fee for the
license plates. This section does not authorize the operation of a
golf cart on a public road where it is otherwise prohibited by law.
(d) This section applies only to an owner of a golf cart who
resides:
(1) on real property that is owned or under the control
of the United States Corps of Engineers and is required by that
agency to register the owner's golf cart under this chapter; and
(2) in a county that borders another state and has a
population of more than 110,000 but less than 111,000.
[Sections 504.511-504.600 reserved for expansion]
SUBCHAPTER G. SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION
Sec. 504.601. GENERAL PROVISIONS APPLICABLE TO ALL
SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. Unless
expressly provided by this subchapter or department rule:
(1) the fee for issuance of a license plate under this
subchapter is $30; and
(2) of each fee received under this subchapter, the
department shall use $8 to defray its administrative costs in
complying with this subchapter.
Sec. 504.602. KEEP TEXAS BEAUTIFUL LICENSE PLATES. (a) The
department shall issue specialty license plates including the words
"Keep Texas Beautiful." The department shall design the license
plates in consultation with Keep Texas Beautiful, Inc.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be used in connection with the department's litter prevention
and community beautification programs.
Sec. 504.603. TEXAS CAPITOL LICENSE PLATES. (a) The
department shall issue specialty license plates depicting the State
Capitol.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the general revenue fund.
Sec. 504.604. TEXAS COMMISSION ON THE ARTS LICENSE PLATES.
(a) The department shall issue specialty license plates including
the words "State of the Arts." The department shall design the
license plates in consultation with the Texas Commission on the
Arts.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Texas Commission on the Arts
operating fund established under Section 444.027, Government Code.
Sec. 504.605. ANIMAL FRIENDLY LICENSE PLATES. (a) The
department shall issue specialty license plates including the words
"Animal Friendly." The department shall design the license plates.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the animal friendly account
established by Section 828.014, Health and Safety Code.
Sec. 504.606. BIG BEND NATIONAL PARK LICENSE PLATES. (a)
The department shall issue specialty license plates that include
one or more graphic images of a significant feature of Big Bend
National Park. The department shall design the license plates in
consultation with the Parks and Wildlife Department and any
organization designated by it.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Big Bend National Park
account in the state treasury. Money in the account may be used
only by the Parks and Wildlife Department to support the activities
of a designated nonprofit organization whose primary purpose is the
improvement or preservation of Big Bend National Park.
Sec. 504.607. READ TO SUCCEED. (a) The department shall
issue specialty license plates including the words "Read To
Succeed." The department shall design the license plates.
(b) After deduction of the department's administrative
costs, the remainder of the fee shall be deposited to the credit of
the "Read to Succeed" account in the general revenue fund. Money in
the account may be used only to provide educational materials for
public school libraries. The account is composed of:
(1) money required to be deposited to the credit of the
account under this subsection; and
(2) donations made to the account.
Sec. 504.608. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
LICENSE PLATES. (a) The department shall issue specialty license
plates that include the words "Boy Scouts of America." The
department shall design the license plates in consultation with the
Boy Scouts of America.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the general revenue fund and may
be appropriated only to the Texas Commission on Alcohol and Drug
Abuse for drug-abuse prevention programs provided by nonprofit
organizations that primarily serve children.
(c) In selecting a program provider under Subsection (b), it
is the intent of the legislature that, to the extent permissible,
preference be given to a provider whose membership substantially
consists of persons who purchase the specialty license plates.
Sec. 504.609. UNITED STATES OLYMPIC COMMITTEE LICENSE
PLATES. The department shall issue specialty license plates
including the words "United States Olympic Committee." The
department shall design the license plates in consultation with the
United States Olympic Committee.
Sec. 504.610. TEXAS AEROSPACE COMMISSION LICENSE PLATES.
(a) The department shall issue specialty license plates including
the words "Texas Aerospace Commission." The department shall
design the license plates in consultation with the Texas Aerospace
Commission.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the general revenue fund.
Sec. 504.611. VOLUNTEER ADVOCATE PROGRAM LICENSE PLATES.
(a) The department shall issue specialty license plates in
recognition of children. The department shall design the license
plates in consultation with the attorney general.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the attorney general volunteer
advocate program account in the general revenue fund. Money
deposited to the credit of the volunteer advocate program account
may be used only by the attorney general to fund a contract entered
into by the attorney general under Section 264.602, Family Code.
Sec. 504.612. TEXAS YOUNG LAWYERS ASSOCIATION LICENSE
PLATES. (a) The department shall issue specialty license plates
including the words "And Justice for All." The department shall
design the license plates in consultation with the Texas Young
Lawyers Association.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the basic civil legal services
account established by Section 51.943, Government Code.
Sec. 504.613. HOUSTON LIVESTOCK SHOW AND RODEO LICENSE
PLATES. (a) The department shall issue specialty license plates
including the words "Houston Livestock Show and Rodeo." The
department shall design the license plates in consultation with the
Houston Livestock Show and Rodeo.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Houston Livestock Show and
Rodeo scholarship account in the state treasury. Money in the
account may be used only by the Texas Higher Education Coordinating
Board in making grants to benefit the Houston Livestock Show and
Rodeo.
Sec. 504.614. PROFESSIONAL SPORTS TEAM LICENSE PLATES. (a)
The department may issue specialty license plates that include the
name and insignia of a professional sports team located in this
state. The department shall design the license plates in
consultation with the professional sports team and may enter a
trademark license with the professional sports team or its league
to implement this section. A license plate may be issued under this
section only for a professional sports team that:
(1) certifies to the department that it has determined
that at least 3,500 persons will apply for the plates; and
(2) plays its home games in a facility constructed or
operated, in whole or in part, with public funds.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be sent to the public entity that provided public funds for
the construction or renovation of the facility in which the
professional sports team plays its home games or that provides
public funds for the operation of that facility. The funds shall be
deposited to the credit of the venue project fund, if the public
entity has created a venue project fund under Section 334.042 or
335.072, Local Government Code. If the public entity has not
created a venue project fund, funds distributed to a public entity
under this section must first be used to retire any public debt
incurred by the public entity in the construction or acquisition of
the facility in which the professional sports team plays its home
games. After that debt is retired, funds distributed to the public
entity may be spent only for maintenance or improvement of the
facility.
(c) In this section:
(1) "Public entity" includes a municipality, county,
industrial development corporation, or special district that is
authorized to plan, acquire, establish, develop, construct, or
renovate a facility in which a professional sports team plays its
home games.
(2) "Professional sports team" means a sports team
that is a member or an affiliate of a member of the National
Football League, National Basketball Association, or National
Hockey League or a major league baseball team.
Sec. 504.615. COLLEGIATE LICENSE PLATES. (a) The
department shall issue specialty license plates that include the
name and insignia of a college. The department shall design the
license plates in consultation with the applicable college. The
department may issue a license plate under this section only for a
college that certifies to the department that it has determined
that at least 1,500 persons will apply for the plates.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the general revenue fund. The
money may be used only for scholarships to students who demonstrate
a need for financial assistance under Texas Higher Education
Coordinating Board rule.
(c) If the fee is for the issuance of license plates for a
college described by Subsection (e)(1), the money:
(1) shall be deposited to the credit of the
institution of higher education designated on the license plates;
and
(2) is supplementary and is not income for purposes of
reducing general revenue appropriations to that institution of
higher education.
(d) If the fee is for the issuance of license plates for a
college described by Subsection (e)(2), the money shall be
deposited to the credit of the Texas Higher Education Coordinating
Board. The money:
(1) shall be allocated to students at the college
designated on the plates; and
(2) is in addition to other money that the board may
allocate to that college.
(e) In this section, "college" means:
(1) an institution of higher education as defined by
Section 61.003, Education Code; or
(2) a private college or university described by
Section 61.222, Education Code.
Sec. 504.616. NEW MILLENNIUM LICENSE PLATES. (a) The
department shall issue specialty license plates including the words
"New Millennium." The department shall design the license plates
to incorporate one or more submissions from middle school students
in a competition conducted by the department.
(b) After deduction of the department's administrative
costs, the remainder of the fee shall be deposited to the credit of
the new millennium reading program account in the general revenue
fund. Money from the account may be used only to make grants under
Section 441.0092, Government Code. The account is composed of:
(1) money required to be deposited to the credit of the
account under this subsection; and
(2) donations made to the account.
Sec. 504.617. TEXAS. IT'S LIKE A WHOLE OTHER COUNTRY
LICENSE PLATES. (a) The department shall issue specialty license
plates that include the trademarked Texas patch and the words
"Texas. It's Like A Whole Other Country." The department shall
design the license plates in consultation with the Texas Department
of Economic Development.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the tourism account in the
general revenue fund to finance the Texas Department of Economic
Development's tourism activities.
Sec. 504.618. CONSERVATION LICENSE PLATES. (a) The
department shall issue specialty license plates to support Parks
and Wildlife Department activities. The department shall design
the license plates in consultation with the Parks and Wildlife
Department.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Texas parks and wildlife
capital account established by Section 11.043, Parks and Wildlife
Code. Money deposited in the Texas parks and wildlife capital
account under this section is supplementary and is not income for
the purposes of reducing general revenue appropriations to the
Parks and Wildlife Department.
Sec. 504.619. TEXAS COMMISSION FOR THE DEAF AND HARD OF
HEARING LICENSE PLATES. (a) The department shall issue specialty
license plates in support of the Texas Commission for the Deaf and
Hard of Hearing. The department shall design the license plates in
consultation with the Texas Commission for the Deaf and Hard of
Hearing.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates:
(1) shall be deposited to the credit of the general
revenue fund; and
(2) may be appropriated only to the Texas Commission
for the Deaf and Hard of Hearing for direct services programs,
training, and education.
Sec. 504.620. TEXANS CONQUER CANCER LICENSE PLATES. (a)
The department shall issue specialty license plates that include
the words "Texans Conquer Cancer." The department shall design the
license plates in consultation with the Texas Cancer Council.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Texans Conquer Cancer
account established by Section 102.017, Health and Safety Code.
Sec. 504.621. SPECIAL OLYMPICS TEXAS LICENSE PLATES. (a)
The department shall issue specialty license plates that include
the words "Special Olympics Texas." The department shall design
the license plates in consultation with Special Olympics Texas.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Special Olympics Texas
account established by Section 533.018, Health and Safety Code.
Sec. 504.622. GIRL SCOUT LICENSE PLATES. (a) The
department shall issue specialty license plates that include the
words "Girl Scouts." The department shall design the license
plates in consultation with the Girl Scout Councils of Texas.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the Girl Scout account in the
state treasury. Money in the account may be used by the Texas
Higher Education Coordinating Board in making grants to benefit
educational projects sponsored by the Girl Scout Councils of Texas.
Sec. 504.623. TEXAS YMCA. (a) The department shall issue
specialty license plates in honor of the Young Men's Christian
Association. The department shall design the license plates.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the YMCA account established by
Section 7.025, Education Code, as added by Chapter 869, Acts of the
77th Legislature, Regular Session, 2001.
Sec. 504.624. 100TH FOOTBALL SEASON OF STEPHEN F. AUSTIN
HIGH SCHOOL. (a) The department shall issue specialty license
plates in honor of the 100th football season of Stephen F. Austin
High School in Austin. The department shall design the license
plates in consultation with the principal of Stephen F. Austin High
School.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be sent 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.
Sec. 504.625. TEXAS AGRICULTURAL PRODUCTS LICENSE PLATES.
(a) The department shall issue specialty license plates that
include the words "Go Texan" and the "Go Texan" logo of the
Department of Agriculture. The department shall design the license
plates in consultation with the commissioner of agriculture.
(b) After deduction of the department's administrative
costs, the department shall deposit the remainder of the proceeds
to the credit of the "Go Texan" partner program account established
by Section 46.008, Agriculture Code.
Sec. 504.626. TEXAS CITRUS INDUSTRY. (a) The department
shall issue specialty license plates in honor of the citrus
industry in this state. The department shall design the license
plates.
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of an account in the general
revenue fund that may be appropriated only to Texas A&M
University--Kingsville to provide financial assistance to graduate
students in the College of Agriculture and Human Sciences.
Sec. 504.627. WATERFOWL AND WETLAND CONSERVATION LICENSE
PLATES. (a) The department shall issue specialty license plates
including one or more graphic images supplied by the Parks and
Wildlife Department. The department shall design the license
plates in consultation with the Parks and Wildlife Department and
any organization designated by it.
(b) After deducting the department's administrative costs,
the remainder of the fee for issuance of the license plates shall be
deposited to the credit of an account in the state treasury. Money
in the account may 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.
[Sections 504.628–504.700 reserved for expansion]
SUBCHAPTER H. ADMINISTRATIVE PROVISIONS RELATING TO SPECIALTY
LICENSE PLATES FOR GENERAL DISTRIBUTION
Sec. 504.701. DISCONTINUANCE OF CERTAIN SPECIALTY LICENSE
PLATES. (a) This section applies only to license plates authorized
by:
(1) Section 504.602;
(2) Section 504.603;
(3) Section 504.604;
(4) Section 504.605;
(5) Section 504.606;
(6) Section 504.607;
(7) Section 504.608;
(8) Section 504.609;
(9) Section 504.610;
(10) Section 504.611;
(11) Section 504.612;
(12) Section 504.613;
(13) Section 504.614; or
(14) Section 504.615.
(b) Except as provided by Subsections (d) and (e), on or
after September 1, 2004, the department may continue to issue
license plates to which this section applies only if before that
date at least:
(1) 3,500 sets of the license plates authorized by the
applicable section of this chapter have been issued or presold;
(2) $15,000 has been received by the department from
the issuance of license plates under that section; or
(3) $15,000 has been deposited with the department for
the continued issuance of those license plates.
(c) If before September 1, 2004, one of the conditions
described by Subsection (b) is not met for the license plate, the
section that authorizes the issuance of that license plate expires
on that date.
(d) On or after September 1, 2004, the department may
continue to issue license plates under:
(1) Section 504.615 for a particular institution of
higher education or private college or university only if before
that date:
(A) 1,500 sets of license plates for the
particular institution, college, or university have been issued or
presold;
(B) $15,000 has been received by the department
from the issuance of the license plates for that institution,
college, or university; or
(C) $15,000 has been deposited with the
department for the continued issuance of the license plates for
that institution, college, or university; or
(2) Section 504.614 for a particular professional
sports team only if before that date:
(A) 3,500 sets of the license plates for that
sports team have been issued or presold;
(B) $15,000 has been received by the department
from the issuance of license plates for that sports team; or
(C) $15,000 has been deposited with the
department for the continued issuance of license plates for that
sports team.
(e) Money deposited with the department under Subsection
(b)(3), (d)(1)(C), or (d)(2)(C) shall 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. 504.702. SPECIALTY LICENSE PLATES AUTHORIZED AFTER
JANUARY 1, 1999. (a) This section applies only to specialty
license plates that are authorized to be issued by a law that takes
effect on or after January 1, 1999.
(b) The department may manufacture the specialty license
plates only if a request for manufacture of the license plates is
filed with the department. The request must be:
(1) made on a form adopted by the department;
(2) filed before the fifth anniversary of the
effective date of the law that authorizes the issuance of the
specialty license plates; and
(3) accompanied by:
(A) a deposit of $15,000; or
(B) applications for issuance of at least 3,500
sets of the license plates plus the fees for issuance of that number
of sets.
(c) Money deposited with the department under Subsection
(b)(3)(A) shall be returned to the person who made the deposit only
if 3,500 sets of the applicable license plates are issued or
presold.
(d) If a request is not filed with the department before the
date specified by Subsection (b)(2), the law that authorizes the
issuance of the specialty license plates expires on that date.
[Sections 504.703-504.800 reserved for expansion]
SUBCHAPTER I. DEVELOPMENT OF NEW SPECIALTY LICENSE PLATES
Sec. 504.801. CREATION OF NEW SPECIALTY LICENSE PLATES BY
THE DEPARTMENT. (a) The department may create new specialty
license plates on its own initiative or on receipt of an application
from a potential sponsor. A new specialty license plate created
under this section must comply with each requirement of Section
504.702 unless the license is created by the department on its own
initiative. The department may permit a specialty license plate
created under this section to be personalized. The redesign of an
existing specialty license plate at the request of a sponsor shall
be treated like the issuance of a new specialty license plate,
except that the department may require a lower deposit amount to
reflect the actual costs of redesigning the license plate.
(b) Any person may sponsor a new specialty license plate by
submitting an application to the department. An application may
nominate a state agency to receive funds derived from the issuance
of the license plates. The application may also identify uses to
which those funds should be appropriated.
(c) The department shall design each new specialty license
plate in consultation with the sponsor, if any, that applied for
creation of that specialty license plate. The department may
refuse to create a new specialty license plate if the design might
be offensive to any member of the public, if the nominated state
agency does not consent to receipt of the funds derived from
issuance of the license plate, if the uses identified for those
funds might violate a statute or constitutional provision, or for
any other reason established by rule. At the request of the
sponsor, distribution of the license plate may be limited by the
department.
(d) The fee for issuance of license plates authorized under
this subchapter is $30.
(e) The first $15,000 collected as fees for a new specialty
license plate shall be used to reimburse the department for its
initial costs in beginning production of the new specialty license
plate. After the first $15,000, for each fee collected:
(1) an amount determined by the commission shall be
used to reimburse the department for its incremental costs in
producing each specialty license plate; and
(2) the remainder shall be deposited to the credit of:
(A) the specialty license plate fund, an account
in the general revenue fund, if the sponsor nominated a state agency
to receive the funds; or
(B) the state highway fund if the sponsor did not
nominate a state agency to receive the funds or if there is no
sponsor.
(f) Subchapter D, Chapter 316, Government Code, and Section
403.095, Government Code, do not apply to fees collected under this
section.
(g) The department may report to the legislature at any time
concerning implementation of this section. The report may include
recommendations concerning the appropriations, by amount, state
agency, and uses, that are necessary to implement the requests of
sponsors.
(h) If a sponsor does not name a state agency to receive the
funds or if there is no sponsor, the department may license a
trademark for inclusion within the design of the plates and may pay
a fee for the trademark license.
(i) The department may vary the design of a plate created
under this section to accommodate or reflect its use on a motor
vehicle other than a passenger car or light truck.
SECTION 2. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Sections 502.0071, 502.0072, 502.0073,
502.0074, 502.0078, and 502.0079 to read as follows:
Sec. 502.0071. GOLF CARTS. An owner of a golf cart is not
required to register the golf cart if:
(1) the operation of the golf cart occurs in the
daytime, as defined by Section 541.401; and
(2) the operation:
(A) does not exceed a distance of two miles from
the point of origin to the destination if driven to and from a golf
course;
(B) occurs entirely within a master planned
community with a uniform set of restrictive covenants that has had a
plat approved by a county or a municipality; or
(C) occurs on a public or private beach.
Sec. 502.0072. MANUFACTURED HOUSING. Manufactured
housing, as defined by Section 1201.003, Occupations Code, is not a
vehicle subject to this chapter.
Sec. 502.0073. POWER SWEEPERS. (a) An owner of a power
sweeper is not required to register the power sweeper.
(b) In this section, "power sweeper" means an implement,
with or without motive power, designed for the removal by broom,
vacuum, or regenerative air system of debris, dirt, gravel, litter,
or sand from asphaltic concrete or cement concrete surfaces,
including surfaces of parking lots, roads, streets, highways, and
warehouse floors. The term includes a vehicle on which the
implement is permanently mounted if the vehicle is used only as a
power sweeper.
Sec. 502.0074. MOTORIZED MOBILITY DEVICE. The owner of a
motorized mobility device, as defined by Section 542.008, as
amended by Chapter 497, Acts of the 77th Legislature, Regular
Session, 2001, is not required to register the motorized mobility
device.
Sec. 502.0078. VEHICLES OPERATED ON PUBLIC HIGHWAY
SEPARATING REAL PROPERTY UNDER VEHICLE OWNER'S CONTROL. Where a
public highway separates real property under the control of the
owner of a motor vehicle, the operation of the motor vehicle by the
owner or the owner's agent or employee across the highway is not a
use of the motor vehicle on the public highway.
Sec. 502.0079. VEHICLES OPERATED BY CERTAIN NONRESIDENTS.
(a) A nonresident owner of a motor vehicle, trailer, or semitrailer
that is registered in the state or country in which the person
resides may operate the vehicle to transport persons or property
for compensation without being registered in this state, if the
person does not exceed two trips in a calendar month and each trip
does not exceed four days.
(b) A nonresident owner of a privately owned vehicle that is
not registered in this state may not make more than five occasional
trips in any calendar month into this state using the vehicle. Each
occasional trip into this state may not exceed five days.
(c) A nonresident owner of a privately owned passenger car
that is registered in the state or country in which the person
resides and that is not operated for compensation may operate the
car in this state for the period in which the car's license plates
are valid. In this subsection, "nonresident" means a resident of a
state or country other than this state whose presence in this state
is as a visitor and who does not engage in gainful employment or
enter into business or an occupation, except as may otherwise be
provided by any reciprocal agreement with another state or country.
(d) This section does not prevent:
(1) a nonresident owner of a motor vehicle from
operating the vehicle in this state for the sole purpose of
marketing farm products raised exclusively by the person; or
(2) a resident of an adjoining state or country from
operating in this state a privately owned and registered vehicle to
go to and from the person's place of regular employment and to make
trips to purchase merchandise, if the vehicle is not operated for
compensation.
(e) The privileges provided by this section may be allowed
only if, under the laws of the appropriate state or country, similar
privileges are granted to vehicles registered under the laws of
this state and owned by residents of this state.
(f) This section does not affect the right or status of a
vehicle owner under any reciprocal agreement between this state and
another state or country.
SECTION 3. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Sections 502.187 and 502.188 to read as
follows:
Sec. 502.187. PARADE VEHICLES OWNED BY NONPROFIT SERVICE
ORGANIZATIONS. (a) A motor vehicle owned and operated by a
nonprofit service organization and designed, constructed, and used
primarily for parade purposes is subject to registration as
provided by this chapter but is exempt from the fee otherwise
prescribed by this chapter.
(b) Subsection (a) does not apply to a vehicle for which a
registration fee has been paid under other law.
Sec. 502.188. CERTAIN SOIL CONSERVATION EQUIPMENT. (a) The
owner of a truck-tractor, semitrailer, or low-boy trailer used on a
highway exclusively to transport the owner's soil conservation
machinery or equipment used in clearing real property, terracing,
or building farm ponds, levees, or ditches may register the vehicle
for a fee equal to 50 percent of the fee otherwise prescribed by
this chapter for the vehicle.
(b) An owner may register only one truck-tractor and only
one semitrailer or low-boy trailer under this section.
(c) An owner applying for registration under this section
must submit a statement that the vehicle is to be used only as
provided by Subsection (a).
(d) The registration receipt issued for a vehicle
registered under this section shall state the nature of the
operation for which the vehicle may be used. The receipt must be
carried at all times in or on the vehicle to permit ready
inspection.
(e) A vehicle to which this section applies that is operated
on a public highway in violation of this section is considered to be
operated while unregistered and is immediately subject to the
applicable registration fees and penalties prescribed by this
chapter.
SECTION 4. (a) Subchapter F, Chapter 502, Transportation
Code, is repealed.
(b) The repeal of Section 502.273, Transportation Code, by
this Act does not affect the validity of license plates already
issued under that section, which shall be governed under Section
504.801, Transportation Code, as added by this Act.
SECTION 5. (a) This section shall be implemented only if
the Legislative Budget Board determines that this Act would
otherwise reduce the amount of money allocated to the general
revenue fund from the issuance by the Texas Department of
Transportation of specialty license plates during fiscal years 2004
and 2005 relative to the amount of money allocated to the general
revenue fund from the issuance by that department of specialized
license plates during fiscal years 2002 and 2003.
(b) The Texas Department of Transportation shall reduce the
amount of fees allocated to the department's administrative costs
and allocate that amount to general revenue for deposit to the
credit of the accounts specified in each section of Chapter 504,
Transportation Code, as added by this Act. The amount of the
reduction and reallocation shall be the amount necessary to ensure
that sums allocated to the general revenue fund are not reduced as
specified in Subsection (a) of this section. The reduction in
administrative costs shall be taken proportionately from each
specialty plate so that each will be reduced by the same percentage
amount.
(c) This section expires September 1, 2005.
SECTION 6. (a) In considering an application for new
specialty license plates or the revision of an existing license
plate under Subchapter I, Chapter 504, Transportation Code, as
added by this Act, the Texas Department of Transportation shall
approve, adopt, or create any new license plate or proposed license
plate that complies with Chapter 504, Transportation Code, as added
by this Act, and that was described in a bill filed in the 78th
Legislature, Regular Session, 2003.
(b) This section expires December 31, 2004.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.