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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance and renewal of certain motor vehicle |
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dealer licenses, motor vehicle license plates, and general |
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distinguishing numbers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.257(b), Occupations Code, is |
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amended to read as follows: |
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(b) If a material change occurs in the information included |
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in an application for a dealer's license, the dealer shall notify |
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the director [board] of the change within a reasonable time [but not
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later than the next annual renewal]. The director [board] shall |
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prescribe a form for the disclosure of the change. |
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SECTION 2. Section 2301.264, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsections (e) and (f) to |
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read as follows: |
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(a) The annual fees for a license issued under this chapter |
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are: |
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(1) $900 for a manufacturer or distributor, plus $20 |
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for each dealer franchised by the manufacturer or distributor; |
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(2) for a franchised dealer: |
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(A) $175, if the dealer sold fewer than 201 new |
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motor vehicles during the preceding calendar year; |
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(B) $275, if the dealer sold more than 200 but |
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fewer than 401 new motor vehicles during the preceding calendar |
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year; |
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(C) $400, if the dealer sold more than 400 but |
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fewer than 801 new motor vehicles during the preceding calendar |
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year; |
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(D) $500, if the dealer sold more than 800 but |
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fewer than 1,201 new motor vehicles during the preceding calendar |
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year; |
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(E) $625, if the dealer sold more than 1,200 but |
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fewer than 1,601 new motor vehicles during the preceding calendar |
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year; |
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(F) $750, if the dealer sold more than 1,600 new |
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motor vehicles during the preceding calendar year; and |
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(G) $100 for each location separate from the |
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dealership at which the dealer does not offer motor vehicles for |
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sale but performs warranty service work on vehicles the dealer is |
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franchised and licensed to sell; |
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(3) [$25 for an amendment to a license;
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[(4)] $100 for a representative; |
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(4) [(5)] $375 for a converter; |
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(5) [(6)] for a vehicle lessor: |
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(A) $175, if the lessor leased 200 or fewer motor |
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vehicles during the preceding calendar year; |
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(B) $275, if the lessor leased more than 200 but |
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fewer than 401 motor vehicles during the preceding calendar year; |
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(C) $400, if the lessor leased more than 400 but |
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fewer than 801 motor vehicles during the preceding calendar year; |
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(D) $500, if the lessor leased more than 800 but |
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fewer than 1,201 motor vehicles during the preceding calendar year; |
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(E) $625, if the lessor leased more than 1,200 |
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but fewer than 1,601 motor vehicles during the preceding calendar |
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year; and |
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(F) $750, if the lessor leased more than 1,600 |
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motor vehicles during the preceding calendar year; and |
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(6) [(7)] $375 for a vehicle lease facilitator[; and
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[(8)$50 for a duplicate license]. |
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(e) The fee for an amendment to a license under this chapter |
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is $25. |
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(f) The fee for a duplicate license under this chapter is |
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$50. |
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SECTION 3. The heading to Section 2301.301, Occupations |
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Code, is amended to read as follows: |
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Sec. 2301.301. LICENSE TERM AND [ANNUAL] RENEWAL |
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[REQUIRED]. |
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SECTION 4. Section 2301.301, Occupations Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsection (e) |
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to read as follows: |
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(a) Licenses [A license] issued under this chapter are valid |
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for the period prescribed by the commission [expires on the first
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anniversary of the date the license is issued]. |
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(b) The director [board] may issue a license for a term of |
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less than the period prescribed under Subsection (a) [one year] to |
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coordinate the expiration dates of licenses held by a person that is |
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required to obtain more than one license to perform activities |
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under this chapter. |
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(c) The commission [board] by rule may implement a system |
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under which licenses expire on various dates during the year. If a |
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license is issued or renewed for a term that is less than the period |
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set under Subsection (a) [For a year in which a license expiration
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date is changed], the fee for the license shall be prorated so that |
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the license holder pays only that portion of the fee that is |
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allocable to the number of months during which the license is valid. |
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On renewal of the license on the new expiration date, the entire |
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license renewal fee is payable. |
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(e) If the commission prescribes the term of a license under |
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this chapter for a period other than one year, the commission shall |
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prorate the applicable annual fee required under this chapter as |
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necessary to reflect the term of the license. |
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SECTION 5. Section 2301.303, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.303. RENEWAL OF DEALER'S LICENSE. A dealer shall |
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renew the dealer's license [annually] on an application prescribed |
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by the director [board]. The director [board] shall include in the |
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renewal application a request for disclosure of material changes |
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described by Section 2301.257. |
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SECTION 6. Sections 503.007(a), (b), and (c), |
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Transportation Code, are amended to read as follows: |
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(a) The fee for an original general distinguishing number is |
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$500 for the first year and $200 for each subsequent year for which |
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the number is valid. |
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(b) The fee for the renewal of a general distinguishing |
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number is $200 a year. |
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(c) The registration fee for a drive-a-way in-transit |
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license is $50 a year. |
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SECTION 7. Sections 503.008(a), (b), and (c), |
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Transportation Code, are amended to read as follows: |
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(a) The fee for a metal dealer's license plate is $20 a year. |
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(b) The fee for a manufacturer's license plate is $40 a |
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year. |
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(c) The fee for an additional set of drive-a-way in-transit |
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license plates is $5 a year. |
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SECTION 8. Subchapter A, Chapter 503, Transportation Code, |
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is amended by adding Sections 503.010, 503.011, and 503.012 to read |
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as follows: |
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Sec. 503.010. TERM OF GENERAL DISTINGUISHING NUMBER, |
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LICENSE, OR LICENSE PLATE. Each general distinguishing number, |
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license, or license plate issued under this chapter is valid for the |
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period prescribed by the commission. |
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Sec. 503.011. PRORATING FEES. If the commission prescribes |
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the term of a general distinguishing number, license, or license |
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plate under this chapter for a period other than one year, the |
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commission shall prorate the applicable annual fee required under |
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this chapter as necessary to reflect the term of the number, |
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license, or license plate. |
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Sec. 503.012. COLLECTED MONEY. Section 403.095, Government |
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Code, does not apply to money received by the department and |
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deposited to the credit of the state highway fund in accordance with |
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this chapter. |
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SECTION 9. Sections 503.032(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) An applicant for a dealer general distinguishing number |
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or wholesale motor vehicle auction general distinguishing number |
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must demonstrate that the location for which the applicant requests |
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the number is an established and permanent place of business. A |
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location is considered to be an established and permanent place of |
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business if the applicant: |
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(1) owns the real property on which the business is |
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situated or has a written lease for the property that has a term of |
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not less than the term of the general distinguishing number [one
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year]; |
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(2) maintains on the location: |
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(A) a permanent furnished office that is equipped |
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as required by the department for the sale of the vehicles of the |
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type specified in the application; and |
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(B) a conspicuous sign with letters at least six |
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inches high showing the name of the applicant's business; and |
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(3) has sufficient space on the location to display at |
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least five vehicles of the type specified in the application. |
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(c) The applicant must demonstrate that: |
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(1) the applicant intends to remain regularly and |
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actively engaged in the business specified in the application for a |
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time equal to at least the term of the general distinguishing number |
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[one year] at the location specified in the application; and |
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(2) the applicant or a bona fide employee of the |
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applicant will be: |
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(A) at the location to buy, sell, lease, or |
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exchange vehicles; and |
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(B) available to the public or the department at |
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that location during reasonable and lawful business hours. |
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SECTION 10. Section 503.035, Transportation Code, is |
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amended to read as follows: |
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Sec. 503.035. ISSUANCE AND RENEWAL OF DRIVE-A-WAY |
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IN-TRANSIT LICENSE. The department shall issue to an applicant on |
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the filing of the application and the payment of the fee a [an
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annual] drive-a-way in-transit license and in-transit license |
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plates. |
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SECTION 11. Section 503.0618(c), Transportation Code, is |
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amended to read as follows: |
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(c) The fee for a metal converter's license plate is $20 a |
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year. |
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SECTION 12. Section 503.066(d), Transportation Code, is |
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amended to read as follows: |
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(d) A metal license plate issued under this chapter expires |
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on the same date as the expiration of the [dealer] license under |
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[to] which it is issued. |
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SECTION 13. The changes in law made by this Act to the |
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issuance and renewal of a license under Chapter 2301, Occupations |
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Code, and a license, general distinguishing number, or license |
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plate under Chapter 503, Transportation Code, apply only to a |
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license, general distinguishing number, or license plate that is |
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originally issued or is renewed on or after the effective date of |
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this Act. A license, general distinguishing number, or license |
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plate that is issued or renewed before that date is governed by the |
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law in effect on the date of issuance or renewal, and the former law |
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is continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2007. |
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