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Amend HB 2854 (engrossed version) by adding the following
appropriately numbered SECTIONS to the bill and renumbering the
remaining SECTIONS of the bill accordingly:
SECTION ____. Section 504.003, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) If a [the] souvenir license plate issued before
September 1, 2009, is personalized, the fee for the plate is
$40. Of the fee:
(1) $20 shall be deposited to the credit of the state
highway fund;
(2) $10 shall be deposited to the credit of the
designated account if the souvenir license plate is a replica of a
specialty license plate issued under Subchapter G or I for which the
fee is deposited to a designated account other than the state
highway fund; and
(3) the remainder shall be deposited to the credit of
the general revenue fund.
(c-1) The fee for a souvenir license plate issued on or
after September 1, 2009, is the amount established under Section
504.851(c).
SECTION ____. Section 504.102, Transportation Code, is
amended to read as follows:
Sec. 504.102. PERSONALIZATION OF [OTHER] SPECIALTY LICENSE
PLATE [PLATES]. Unless expressly prohibited by this chapter or
department rule, any specialty license plate issued under this
chapter may be personalized. If a [another] specialty license
plate is personalized, the fee for personalization of the specialty
license plate [established by Section 504.101(c)] shall be added to
the fee for issuance of that specialty license plate.
SECTION ____. Section 504.601, Transportation Code, is
amended to read as follows:
Sec. 504.601. GENERAL PROVISIONS APPLICABLE TO [ALL]
SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. (a) 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.
(b) This section does not apply to a specialty license plate
marketed and sold by a private vendor at the request of the
specialty license plate sponsor under Section 504.6011.
SECTION ____. Subchapter G, Chapter 504, Transportation
Code, is amended by adding Section 504.6011 to read as follows:
Sec. 504.6011. GENERAL PROVISIONS APPLICABLE TO SPECIALTY
LICENSE PLATES FOR GENERAL DISTRIBUTION SOLD THROUGH PRIVATE
VENDOR. (a) The sponsor of a specialty license plate authorized to
be issued under this subchapter before September 1, 2009, may
contract with the private vendor authorized under Subchapter J for
the marketing and sale of the specialty license plate.
(b) The fee for issuance of a specialty license plate
described by Subsection (a) is the amount established under Section
504.851.
(c) Notwithstanding any other law, from each fee received
for the issuance of a specialty license plate described by
Subsection (a), the department shall:
(1) deduct the administrative costs described by
Section 504.601(a)(2);
(2) deposit to the credit of the account designated by
the law authorizing the specialty license plate the portion of the
fee for the sale of the plate that the state would ordinarily
receive under the contract described by Section 504.851(a); and
(3) pay to the private vendor the remainder of the fee.
SECTION ____. Section 504.801, Transportation Code, is
amended by amending Subsections (d), (e), and (f) and adding
Subsection (d-1) to read as follows:
(d) The fee for issuance of license plates created
[authorized] under this subchapter before September 1, 2009, is $30
unless the department sets a higher fee. This subsection does not
apply to a specialty license plate marketed and sold by a private
vendor at the request of the specialty license plate sponsor.
(d-1) The fee for issuance of license plates created under
this subchapter on or after September 1, 2009, is the amount
established under Section 504.851.
(e) For each fee collected for a license plate issued by the
department under this section:
(1) $8 shall be used to reimburse the department for
its administrative costs; and
(2) the remainder shall be deposited to the credit of:
(A) the specialty license plate fund, which is 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
subchapter [section].
SECTION ____. Subchapter I, Chapter 504, Transportation
Code, is amended by adding Section 504.802 to read as follows:
Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF
SPECIALTY LICENSE PLATES CREATED BEFORE SEPTEMBER 1, 2009. (a) A
sponsor of a specialty license plate created under this subchapter
before September 1, 2009, may contract with the private vendor
authorized under Subchapter J for the marketing and sale of the
specialty license plate.
(b) The fee for issuance of a specialty license plate
described by Subsection (a) is the amount established under Section
504.851(c).
(c) Notwithstanding any other law, from each fee received
from the issuance of a specialty license plate marketed and sold by
the private vendor under this section, the department shall:
(1) deduct the administrative costs described by
Section 504.801(e)(1);
(2) deposit the portion of the fee for the sale of the
plate that the state would ordinarily receive under the contract
described by Section 504.851(a) to the credit of:
(A) the specialty license plate fund, if the
sponsor nominated a state agency to receive the funds; or
(B) the general revenue fund, if the sponsor did
not nominate a state agency to receive the funds or if there is no
sponsor; and
(3) pay to the private vendor the remainder of the fee.
SECTION ____. Section 504.851, Transportation Code, is
amended by amending Subsections (a), (b), and (j) and adding
Subsections (a-1), (a-2), and (c-1) to read as follows:
(a) The department shall enter into a contract with the
private vendor whose proposal is most advantageous to the state, as
determined from competitive sealed proposals that satisfy the
requirements of this section, for the marketing and sale of:
(1) personalized license plates [authorized by
Section 504.101]; or
(2) with the agreement of the private vendor, other
specialty license plates authorized by Subchapters G and I [this
subchapter].
(a-1) The department may not issue specialty, personalized,
or souvenir license plates with background colors other than white,
unless the plates are marketed and sold by the private vendor.
(a-2) Specialty license plates authorized for marketing and
sale under Subsection (a) must include:
(1) specialty license plates created under
Subchapters G and I on or after September 1, 2009; and
(2) at the request of the specialty license plate
sponsor, an existing specialty license plate created under
Subchapters G and I before September 1, 2009.
(b) The [Instead of the fees established by Section
504.101(c), the] commission by rule shall establish fees for the
issuance or renewal of personalized license plates that are
marketed and sold by the private vendor. Fees must be reasonable
and not less than the greater of:
(1) the amounts necessary to allow the department to
recover all reasonable costs to the department associated with the
evaluation of the competitive sealed proposals received by the
department and with the implementation and enforcement of the
contract, including direct, indirect, and administrative costs; or
(2) the amount established by Section 504.853(b)
[504.101(c)].
(c-1) Subsections (b) and (c) do not apply to the sale at
auction of a specialty license plate that is not used on a motor
vehicle.
(j) From amounts received by the department under the
contract described by Subsection (a), the department shall deposit
to the credit of the state highway fund an amount sufficient to
enable the department to recover its administrative costs for all
license plates issued under this section, [including] any payments
to the vendor under the contract [Subsection (a)], and any other
amounts allocated by law to the state highway fund [by another law].
To the extent that the disposition of other amounts received by
[from] the department is [vendor are] governed by another law,
those amounts shall be deposited in accordance with the other law[,
and for each type of license plate the amount charged for the
license plate may not be less than the amount in effect on January
1, 2003]. Any additional amount received by [from] the department
under the contract [vendor] shall be deposited to the credit of the
general revenue fund.
SECTION ____. Subchapter J, Chapter 504, Transportation
Code, is amended by adding Sections 504.853 and 504.854 to read as
follows:
Sec. 504.853. PERSONALIZED LICENSE PLATES ISSUED BEFORE
SEPTEMBER 1, 2009. (a) A personalized license plate issued before
September 1, 2009, may be issued for a subsequent 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.
(b) The fee for issuance of a personalized license plate
issued before September 1, 2009, is $40, unless the director adopts
by rule a higher fee.
(c) A person who is issued a personalized license plate by
the department before September 1, 2009, may:
(1) submit an application for the plate under
Subsection (a) and pay the required fee for each subsequent
registration period under Subsection (b); or
(2) purchase through the private vendor a license to
display the alphanumeric pattern on a license plate for any term
allowed by law.
(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. 504.854. AUCTION. (a) The private vendor may sell at
auction a license to display a unique alphanumeric pattern on a
license plate.
(b) Only a license to display an alphanumeric pattern
purchased under this section or a license to display an
alphanumeric pattern sold by the private vendor under Section
504.853 may be transferred to another person. The transferee is
entitled to the same rights and privileges as the transferor.
(c) The transferee shall file a form prescribed by the
department to notify the department of the transfer. The
department may set a fee to be paid by the transferee to the
department for the transfer.
SECTION ____. The following provisions of the
Transportation Code are repealed:
(1) Section 504.101; and
(2) Subsection (m), Section 504.851.
SECTION ____. The changes in law made by this Act do not
require the rebidding of a contract that is in effect on the
effective date of this Act.