BILL ANALYSIS

 

 

 

S.B. 1182

By: Eckhardt

Transportation

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

According to the Texas Department of Motor Vehicles (TxDMV), there are more than 22 million registered vehicles in Texas. Every year this number rises dramatically as more and more people, and therefore vehicles, move to the state. As a result, a significant portion of the Transportation Code is dedicated to the titling and registration of vehicles and the issuance of license plates. Furthermore, the state collects more than $4.5 billion in registration and title fees and motor vehicle sales tax. However, some provisions of the Transportation Code contain a number of irregularities, contradictions, and outdated provisions that need to be revised. S.B. 1182 seeks to address these issues by clarifying these contradictions and ambiguities. The legislation is meant to simply conform the Transportation Code to TxDMV's existing titling, registration, and licensing practices.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 1182 amends the Transportation Code to update and revise provisions relating to motor vehicle registration and the issuance of certain license plates.

 

S.B. 1182 clarifies that 72- or 144-hour permits and one-trip or 30-day trip permits are not in lieu of vehicle registration and are considered temporary registration permits. The bill requires a 72- or 144-hour temporary registration permit to be carried in the vehicle, or, if the vehicle is a trailer or semitrailer, in the motor vehicle pulling the trailer or semitrailer, at all times during the period that the permit is valid, including when the vehicle is being operated.

 

S.B. 1182 subjects a vehicle issued a one-trip or 30-day temporary registration permit to statutory provisions relating to vehicle inspection and reinspection and to motor vehicle emissions inspection and maintenance. The bill replaces the requirement for a temporary tag to be displayed in the rear window of a vehicle that is issued such a permit so that the tag is clearly visible and legible when viewed from the rear of the vehicle with a requirement for a temporary registration permit to be attached to the vehicle in the license plate display area located at the rear of the vehicle, so that the entire permit is visible and legible at all times, including when the vehicle is being operated. Accordingly, the bill removes the option for the appropriate indicator to be carried in the vehicle, if the vehicle does not have a rear window, instead of being attached to the vehicle. The bill requires the temporary registration permit, if the vehicle does not have a license plate display area located at the rear of the vehicle, to be attached to the vehicle to allow ready inspection. The bill specifies that the registration receipt for the permit must be carried in the vehicle in the manner prescribed by the Texas Department of Motor Vehicles (TxDMV).

 

S.B. 1182 authorizes TxDMV to issue distinguishing license plates to a farm trailer or farm semitrailer with a gross weight of 4,000 pounds or less if it is used only temporarily on highways to transport specified agricultural products, livestock, or related supplies for certain purposes. The bill establishes that an owner is not required to register a farm trailer or farm semitrailer with a gross weight of 4,000 pounds or less or a farm tractor or an implement of husbandry if the trailer, semitrailer, tractor, or implement is operated only temporarily on the highways.

 

S.B. 1182 replaces the authorization for license plates issued to veterans with disabilities to include, on request, the emblem of the veteran's branch of service or one emblem from another specified license plate to which the veteran is entitled for certain military service with an authorization for license plates issued to veterans to include, on request, one emblem or design from any military specialty license plate to which the veteran is entitled.  

 

S.B. 1182 includes a recipient of the Legion of Merit medal among the applicants for military specialty license plates who are exempt from the requirement to pay a vehicle registration fee for the issuance of one set of those plates. The bill sets at $30 the fee for the issuance of a set of professional firefighter specialty license plates.

 

S.B. 1182 establishes that there is no fee for the issuance of the following specialty license plates:

·         a gold star mother, father, spouse or family member specialty license plate;

·         a specialty license plate issued to volunteer firefighters certified by the Texas Commission on Fire Protection or the State Firefighter's and Fire Marshals' Association of Texas and to fire protection personnel; and

·         a rental utility trailer and travel trailer specialty license plate.

The bill removes the authorization for TxDMV to issue honorary consul specialty license plates.

 

S.B. 1182 requires the remainder of the fee for the issuance of a Keep Texas Beautiful specialty license plate, after deduction of TxDMV's administrative costs, to be used in connection with the Texas Department of Transportation's litter prevention and community beautification programs instead of in connection with TxDMV's litter prevention and community beautification programs, as provided in current law.

 

S.B. 1182 updates the authorization for TxDMV to design and issue specialty license plates in recognition of the Texas Aerospace Commission by authorizing TxDMV to design and issue specialty plates in recognition of Texas aerospace and aviation in consultation with the aerospace and aviation office of the Texas Economic and Development Tourism Office.

 

S.B. 1182 updates the requirement for TxDMV to design and issue specialty license plates in support of the Texas Commission for the Deaf and Hard of Hearing by requiring TxDMV to issue specialty license plates in support of services for persons who are deaf and hard of hearing and to design the license plates in consultation with the Health and Human Services Commission (HHSC). The bill also updates the requirement for the remainder of the fee for issuance of the license plates, after deduction of TxDMV's administrative costs, to be appropriated to the Texas Commission for the Deaf and Hard of Hearing for direct services programs, training, and education by requiring the remainder of the fee to be appropriated instead to HHSC for direct services programs, training, and education for persons who are deaf and hard of hearing.  

 

S.B. 1182 includes a truck tractor among the vehicles the operation of which on a public highway without displaying a compliant license plate assigned by TxDMV for the registration period constitutes an offense. This provision applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

 

S.B. 1182 repeals Section 504.515, Transportation Code. 

 

EFFECTIVE DATE

 

September 1, 2023.