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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of digital license plates; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 504, Transportation Code, is amended by |
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adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. DIGITAL LICENSE PLATES |
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Sec. 504.151. DEFINITIONS. In this subchapter: |
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(1) "Digital license plate" means an electronic |
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display that is designed to: |
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(A) display the information required to be |
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included on a physical license plate; and |
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(B) be placed on the rear of a vehicle registered |
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under Chapter 502 in lieu of a physical license plate issued under |
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this chapter. |
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(2) "Digital license plate provider" means a person |
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engaged in the business of providing digital license plate hardware |
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and services to vehicle owners, including the sale or lease of and |
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issuance of digital license plates. |
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Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this subchapter or a rule adopted under this |
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subchapter, a digital license plate issued under this subchapter is |
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subject to the laws of this state applicable to a physical license |
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plate. |
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Sec. 504.153. RULES. The board shall adopt rules as |
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necessary to implement and administer this subchapter. |
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Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The |
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board by rule shall allow a vehicle registered under Chapter 502 to |
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be equipped with a digital license plate that is placed on the rear |
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of the vehicle in lieu of a physical license plate issued under this |
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chapter. The rule must require the owner of a vehicle issued a |
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digital license plate to obtain a physical license plate to be |
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placed on the front of the vehicle unless the vehicle is of a class |
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of vehicles that is not required to display two license plates, as |
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provided by other law. |
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(b) The department may contract with digital license plate |
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providers for the issuance of digital license plates, including any |
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services related to the issuance of digital license plates. |
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(c) Notwithstanding any other law, a rule adopted under this |
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subchapter may: |
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(1) authorize the display of the vehicle's |
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registration insignia on a digital license plate issued for the |
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vehicle in lieu of attaching the registration insignia to the |
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inside of the vehicle's windshield as required by Section 502.059; |
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(2) establish a fee in an amount necessary to cover any |
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administrative costs incurred that relate to the issuance of a |
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digital license plate and exceed the administrative costs incurred |
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for the issuance of a physical license plate; or |
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(3) prohibit a digital license plate provider from |
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contracting with the department under Subchapter J. |
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Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND |
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PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the |
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specifications and requirements for digital license plates, |
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including requirements for the placement of digital license plates. |
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The design of and information displayed on a digital license plate |
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must be approved by the department. |
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(b) A digital license plate issued under this subchapter |
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must: |
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(1) meet the specifications and requirements adopted |
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under Subsection (a); |
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(2) include the information required to be included on |
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a physical license plate and legibly display that information at |
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all times and in all light conditions, provided that the license |
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plate may display the information in a smaller typeface when the |
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vehicle is parked; and |
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(3) have wireless connectivity capability. |
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(c) The department shall consult with law enforcement |
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agencies when considering whether to approve the design of a |
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digital license plate. |
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(d) A rule adopted under this subchapter may: |
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(1) authorize the use of a digital license plate for |
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electronic toll collection or to display a parking permit; or |
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(2) establish procedures for displaying on a digital |
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license plate: |
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(A) an emergency alert or other public safety |
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alert issued by a governmental entity, including an alert |
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authorized under Subchapter L, M, or P, Chapter 411, Government |
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Code; |
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(B) vehicle manufacturer safety recall notices; |
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(C) static logo displays, including unique |
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displays for fleet vehicles; or |
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(D) advertising approved by the department. |
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Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND |
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DUTIES. A digital license plate provider with whom the department |
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contracts under Section 504.154: |
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(1) shall maintain an inventory of the digital license |
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plates issued by the provider in this state; |
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(2) shall make available a digital version of each |
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specialty license plate authorized by this chapter, other than |
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personalized license plates authorized for marketing and sale under |
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Subchapter J, provided that: |
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(A) each issuance of a specialty license plate |
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with restricted distribution, including a license plate authorized |
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under Subchapter C, D, E, or F, must be approved by the department; |
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and |
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(B) the provider shall remit to the department in |
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the manner prescribed by the department all money: |
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(i) payable to the department; or |
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(ii) required to be used or deposited in the |
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manner prescribed by the law establishing the license plate; |
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(3) may contract with the private vendor under |
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Subchapter J to make available a digital version of a personalized |
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license plate authorized for marketing and sale under that |
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subchapter, provided that the contract shall conform with any |
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applicable requirements of Subchapter J and the terms of the |
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private vendor's contract with the department; |
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(4) shall, if a digital license plate displays a |
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registration insignia as authorized by a rule adopted under Section |
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504.154(c)(1), promptly update the display of the registration |
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insignia to reflect the current registration period for the vehicle |
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and, on request of the department, suspend the display of the |
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registration insignia or indicate on the license plate that the |
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registration insignia for the vehicle is expired; |
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(5) may provide any service related to the issuance of |
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a digital license plate that is authorized by board rule, including |
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the sale, lease, and installation of and customer service for a |
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digital license plate; and |
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(6) may charge a fee, payable in installments, for the |
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issuance of a digital license plate or any additional services |
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provided by the provider for that license plate. |
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Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES. |
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It is a defense to prosecution of an offense involving the operation |
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of a motor vehicle and relating to the placement of a license plate |
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or the display of a registration insignia that the vehicle was |
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operated in compliance with rules issued under this subchapter |
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governing the placement of a digital license plate or the display of |
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a registration insignia on a digital license plate, as applicable. |
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SECTION 2. Not later than December 31, 2019, the board of |
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the Texas Department of Motor Vehicles shall adopt the rules |
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required by Subchapter B-1, Chapter 504, Transportation Code, as |
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added by this Act, and any other rules necessary to implement and |
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administer that subchapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |