By: Eckhardt, et al. S.B. No. 1182

(Lujan)

A BILL TO BE ENTITLED

AN ACT

relating to motor vehicle registration and license plates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 502.094, Transportation Code, is amended to read as follows:

Sec. 502.094. 72- OR 144-HOUR TEMPORARY REGISTRATION PERMITS.

SECTION 2. Section 502.094, Transportation Code, is amended by amending Subsections (a), (b), (c), (e), (f), (g), and (h) and adding Subsection (i) to read as follows:

(a) The department may issue a temporary registration permit [in lieu of registration] for a commercial motor vehicle, trailer, semitrailer, or motor bus that:

(1) is owned by a resident of the United States, Canada, or the United Mexican States;

(2) is subject to registration in this state; and

(3) is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or province in which the vehicle is registered.

(b) A temporary registration permit issued under this section is valid for the period stated on the permit, effective from the date and time shown on the receipt issued as evidence of registration under this section.

(c) A person may obtain a temporary registration permit under this section by:

(1) applying to the county assessor-collector or the department;

(2) paying a fee of $25 for a 72-hour temporary registration permit or $50 for a 144-hour temporary registration permit in the manner prescribed by the department that may include a service charge for a credit card payment or escrow account;

(3) furnishing to the county assessor-collector or the department evidence of financial responsibility for the vehicle that complies with Sections 502.046(c) and 601.168(a); and

(4) submitting a copy of the applicable federal declaration form required by the Federal Motor Carrier Safety Administration or its successor in connection with the importation of a motor vehicle or motor vehicle equipment subject to the federal motor vehicle safety, bumper, and theft prevention standards.

(e) A vehicle issued a temporary registration permit under this section is subject to Subchapters B and F, Chapter 548, unless the vehicle:

(1) is registered in another state of the United States, in a province of Canada, or in a state of the United Mexican States; or

(2) is mobile drilling or servicing equipment used in the production of gas, crude petroleum, or oil, including a mobile crane or hoisting equipment, mobile lift equipment, forklift, or tug.

(f) A commercial motor vehicle, trailer, semitrailer, or motor bus apprehended for violating a registration law of this state:

(1) may not be issued a temporary registration permit under this section; and

(2) is immediately subject to registration in this state.

(g) A person who operates a commercial motor vehicle, trailer, or semitrailer with an expired temporary registration permit issued under this section is considered to be operating an unregistered vehicle subject to each penalty prescribed by law.

(h) The department may establish one or more escrow accounts in the Texas Department of Motor Vehicles fund for the prepayment of a 72-hour [permit] or [a] 144-hour temporary registration permit. Any fee established by the department for the administration of this subsection shall be administered as required by an agreement entered into by the department.

(i) A temporary registration permit issued under this section must 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 in which the permit is valid, including when the vehicle is being operated.

SECTION 3. The heading to Section 502.095, Transportation Code, is amended to read as follows:

Sec. 502.095. ONE-TRIP OR 30-DAY TEMPORARY REGISTRATION [TRIP] PERMITS.

SECTION 4. Section 502.095, Transportation Code, is amended by amending Subsections (a), (b), (d), (e), (f), and (g) and adding Subsection (h) to read as follows:

(a) The department may issue a temporary registration permit [in lieu of registration] for a vehicle subject to registration in this state that is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or country in which the vehicle is registered.

(b) A temporary registration permit issued under this section is valid for:

(1) one trip, as provided by Subsection (c); or

(2) 30 days, as provided by Subsection (d).

(d) A 30-day temporary registration permit may be issued only to a passenger vehicle, a private bus, a trailer or semitrailer with a gross weight of not more than 10,000 pounds, a light truck, or a light commercial vehicle with a gross vehicle weight of more than 10,000 pounds that will operate unladen. A person may obtain multiple 30-day temporary registration permits. The department may issue a single registration receipt to apply to all of the periods for which the vehicle is registered.

(e) A vehicle issued a 30-day temporary registration permit under this section is subject to Subchapters B and F, Chapter 548.

(f) A person may obtain a temporary registration permit under this section by:

(1) applying as provided by the department to:

(A) the county assessor-collector of the county in which the vehicle will first be operated on a public highway; or

(B) the department in Austin or at one of the department's vehicle title and registration regional offices;

(2) paying a fee, in the manner prescribed by the department including a registration service charge for a credit card payment or escrow account of:

(A) $5 for a one-trip permit; or

(B) $25 for each 30-day period; and

(3) furnishing evidence of financial responsibility for the vehicle in a form listed under Section 502.046(c).

(g) [(f)] A registration receipt shall be carried in the vehicle at all times during the period in which it is valid. The temporary registration permit [temporary tag] must contain all pertinent information required by this section and must 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. If the vehicle does not have a license plate display area at the rear of the vehicle, the temporary registration permit [displayed in the rear window of the vehicle so that the tag is clearly visible and legible when viewed from the rear of the vehicle. If the vehicle does not have a rear window, the temporary tag] must be attached to [on or carried in] the vehicle to allow ready inspection. The registration receipt must be carried, in a manner prescribed by the department, in the vehicle at all times during the period in which it is valid.

(h) [(g)] The department may refuse and may instruct a county assessor-collector to refuse to issue a temporary registration permit for any vehicle if, in the department's opinion, the vehicle or the owner of the vehicle has been involved in operations that constitute an abuse of the privilege granted by this section. A registration issued after notice to a county assessor-collector under this subsection is void.

SECTION 5. Section 502.146(a), Transportation Code, is amended to read as follows:

(a) The department shall issue distinguishing license plates to a vehicle described by Subsection (b) or (c). The department may issue distinguishing license plates to a vehicle with a gross weight of 4,000 pounds or less if the vehicle otherwise meets the requirements of Subsection (b)(1). The fee for the license plates is $5 and shall be deposited to the credit of the Texas Department of Motor Vehicles fund.

SECTION 6. Subchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.147 to read as follows:

Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS, FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. 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.

SECTION 7. Section 502.410(b), Transportation Code, is amended to read as follows:

(b) Subsection (a) does not apply to a statement or application filed or given under Section 502.060, 502.092, 502.093, 502.094, 502.095, 504.201, 504.202(b-1), or 504.508[, or 504.515].

SECTION 8. Sections 502.413(e) and (f), Transportation Code, are amended to read as follows:

(e) The department shall consult with the Health and Human [Department of Aging and Disability] Services Commission in performing the department's duties under this section.

(f) The Special Olympics Texas fund is created as a trust fund outside the state treasury to be held by the comptroller and administered by the Health and Human [Department of Aging and Disability] Services Commission as trustee on behalf of Special Olympics Texas. The fund is composed of money deposited to the credit of the fund under this section. Money in the fund shall be disbursed at least monthly, without appropriation, to Special Olympics Texas to provide training and athletic competitions for persons with mental illness and intellectual disabilities.

SECTION 9. Section 502.474, Transportation Code, is amended to read as follows:

Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A person commits an offense if the person operates a vehicle for which a one-trip permit is required without the registration receipt and properly displayed permit [temporary tag].

SECTION 10. Section 504.202(e-1), Transportation Code, is amended to read as follows:

(e-1) Other than license plates issued under Subsection (h), license plates issued under this section may include, on request,[:

[(1) the emblem of the veteran's branch of service; or

[(2)] one emblem or design from another license plate to which the person is entitled under Subchapter D [Section 504.308, 504.309, 504.310(b), 504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316, 504.3161, 504.318, 504.319, 504.320, 504.323, 504.325, or 504.327].

SECTION 11. Section 504.3015(a), Transportation Code, is amended to read as follows:

(a) A person applying for a set of license plates under this subchapter shall pay the registration fee required under Chapter 502 and the applicable special plate fee required under this section, except that one set of license plates shall be issued without the payment of the registration fee under:

(1) Section 504.308;

(2) Section 504.310(b);

(3) Section 504.315, other than Subsections (c) and (q) of that section; [and]

(4) Section 504.316; and

(5) Section 504.319.

SECTION 12. Section 504.414(b), Transportation Code, is amended to read as follows:

(b) Notwithstanding Section 504.400, the fee for a set of license plates under this section is $30. After deduction of the department's administrative costs in accordance with Section 504.801, the remainder of the fees from the sale of professional firefighter plates shall be deposited to the credit of an account in the state treasury to be used by the nominated state agency for the purpose of making grants to support the activities of an organization of professional firefighters located in this state that provides emergency relief and college scholarship funds to the professional firefighters and their dependents.

SECTION 13. Section 504.507(b), Transportation Code, is amended to read as follows:

(b) There is no fee for issuance of the license plates. The department shall:

(1) collect any fee that a county imposes under Chapter 502 [this chapter] for registration of a forestry vehicle; and

(2) send the fee to the appropriate county for disposition.

SECTION 14. Section 504.512, Transportation Code, is amended by adding Subsection (b) to read as follows:

(b) There is no fee for issuance of the license plates.

SECTION 15. Section 504.513, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) The department shall issue specialty license plates for:

(1) volunteer firefighters certified by:

(A) the Texas Commission on Fire Protection; or

(B) the State Firefighters' [Firemen's] and Fire Marshals' Association of Texas; and

(2) fire protection personnel as that term is defined by Section 419.021, Government Code.

(c) There is no fee for issuance of the license plates.

SECTION 16. Section 504.516, Transportation Code, is amended by adding Subsection (c) to read as follows:

(c) There is no fee for issuance of the license plates.

SECTION 17. Section 504.602(b), Transportation Code, is amended to read as follows:

(b) After deduction of the department's administrative costs, the remainder of the fee for issuance of the license plates shall be used in connection with the Texas Department of Transportation's [department's] litter prevention and community beautification programs.

SECTION 18. The heading to Section 504.610, Transportation Code, is amended to read as follows:

Sec. 504.610. TEXAS AEROSPACE AND AVIATION [COMMISSION] LICENSE PLATES.

SECTION 19. Section 504.610(a), Transportation Code, is amended to read as follows:

(a) The department may issue specialty license plates in recognition of [the] Texas aerospace and aviation [Aerospace Commission]. The department shall design the license plates in consultation with the aerospace and aviation office of the Texas Economic Development and Tourism Office [Aerospace Commission].

SECTION 20. Section 504.619, Transportation Code, is amended to read as follows:

Sec. 504.619. [TEXAS COMMISSION FOR THE] DEAF AND HARD OF HEARING SERVICES LICENSE PLATES. (a) The department shall issue specialty license plates in support of services for persons who are deaf [the Texas Commission for the Deaf] and hard [Hard] of hearing [Hearing]. The department shall design the license plates in consultation with the Health and Human Services [Texas] Commission [for the Deaf and Hard of Hearing].

(b) After deduction of the department's administrative costs, the remainder of the fee for issuance of the license plates:

(1) shall be deposited to the credit of the general revenue fund; and

(2) may be appropriated only to the Health and Human Services [Texas] Commission [for the Deaf and Hard of Hearing] for direct services programs, training, and education for persons who are deaf and hard of hearing.

SECTION 21. Section 504.642(b), Transportation Code, is amended to read as follows:

(b) After deduction of the department's administrative costs, the remainder of the fee for issuance of the license plates shall be deposited to the credit of an [a special] account created by the comptroller in the manner provided by Section 504.6012(b) [for abused and neglected children established at the Department of Protective and Regulatory Services]. Money deposited to that [in the] account may be used only by the Department of Family and Protective [and Regulatory] Services to fund programs and services supporting abused and neglected children under Section 264.004, Family Code.

SECTION 22. Section 504.851(c), Transportation Code, is amended to read as follows:

(c) Except as otherwise provided by law, the [The] board by rule shall establish the fees for the issuance or renewal of souvenir license plates, specialty license plates, or souvenir or specialty license plates that are personalized that are marketed and sold by the private vendor or hosted on the private vendor's website. The state's portion of the personalization fee may not be less than $40 for each year issued. Other fees must be reasonable and not less than 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. A fee established under this subsection is in addition to:

(1) the registration fee and any optional registration fee prescribed by this chapter for the vehicle for which specialty license plates are issued;

(2) any additional fee prescribed by this subchapter for the issuance of specialty license plates for that vehicle; and

(3) any additional fee prescribed by this subchapter for the issuance of personalized license plates for that vehicle.

SECTION 23. Section 504.943(b), Transportation Code, is amended to read as follows:

(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, truck tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:

(1) has been assigned by the department for the period; and

(2) complies with department rules regarding the placement of license plates.

SECTION 24. Section 504.515, Transportation Code, is repealed.

SECTION 25. Section 504.943, Transportation Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 26. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 27. This Act takes effect September 1, 2023.