78R9069 T
By: Wentworth S.B. No. 1704
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of specially designed license plates by
the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 502, Transportation Code,
is amended by adding Section 502.2524 to read as follows:
Sec. 502.2524. CREATION OF NEW SPECIALTY 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 plate created under this
section must meet the requirements of Section 502.2526 unless it is
created by the department on its own initiative. The department may
allow a new specialty license plate to be personalized.
(b) Any person may sponsor a new specialty plate by
submitting an application. An application may nominate a state
agency to receive funds generated by the new specialty plate. An
application may also identify uses to which the funds generated by
the new specialty plate should be appropriated.
(c) The department shall design each new specialty plate in
consultation with the sponsor, if any, that applied for creation of
that specialty plate. The plate design shall be the exclusive
property of the department. The department may refuse to create a
new specialty plate if the design might be offensive to any members
of the public, if the nominated state agency does not consent to
receipt of the funds generated by the plate, if the uses identified
for the funds might violate any statutory or constitutional
provision, or for any other reason established by the commission.
At the request of the sponsor, distribution of the plate may be
limited by the department. If distribution of a specialty plate is
limited to particular persons or vehicles, the application must
include evidence satisfactory to the department that the applicant
and the applicant's vehicle are eligible.
(d) The department shall issue specialty plates created
under this section to a person who:
(1) applies to the county assessor-collector of the
county in which the person resides on a form provided by the
department; and
(2) pays an annual fee of $30 in addition to the fee
prescribed by Section 502.161 and, if personalized prestige license
plates are issued, in addition to the fee prescribed by Section
502.251.
(e) The first $15,000 collected as fees for a new specialty
plate shall be deposited to the credit of the state highway fund to
reimburse the department for its initial costs in beginning
production of the new specialty plate. After the first $15,000, for
each fee collected:
(1) an amount determined by the commission shall be
deposited to the credit of the state highway fund to reimburse the
department for its incremental costs in producing each specialty
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
recommendation concerning the appropriations, by amount, state
agency, and uses, that would be necessary to implement the requests
of sponsors.
(h) If a sponsor did 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) If the specialty plates issued under this section are
lost, stolen, or mutilated, the owner of the vehicle for which the
plates were issued may obtain replacement plates from the
department by paying the replacement fee prescribed by Section
502.184(a)(2). If the owner of a vehicle registered under this
section disposes of the vehicle during the registration year, the
owner shall return the specialty plates to the department.
(i) The commission shall adopt rules and the department
shall issue forms to implement this section.
SECTION 2. This Act takes effect January 1, 2004.