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Texas House Bill HB2553

Texas 2009 - 81st Regular

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11 H.B. No. 2553
22
33
44 AN ACT
55 relating to the registration and operation of certain motor
66 vehicles.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 29.001, Parks and Wildlife Code, is
99 amended to read as follows:
1010 Sec. 29.001. DEFINITION. In this chapter, "off-highway
1111 vehicle" means:
1212 (1) an all-terrain vehicle, as defined by Section
1313 663.001, Transportation Code;
1414 (2) an off-highway motorcycle; [and]
1515 (3) a recreational off-highway vehicle, as defined by
1616 Section 502.001, Transportation Code; and
1717 (4) any other motorized vehicle used for off-highway
1818 recreation on:
1919 (A) public land over which the department has
2020 authority or on land purchased or leased by the department; or
2121 (B) land acquired or developed under a grant made
2222 under Section 29.008 or any other grant program operated or
2323 administered by the department.
2424 SECTION 2. The heading to Section 29.011, Parks and
2525 Wildlife Code, is amended to read as follows:
2626 Sec. 29.011. SAFETY APPAREL REQUIRED; SEAT BELTS.
2727 SECTION 3. Section 29.011, Parks and Wildlife Code, is
2828 amended by amending Subsection (a) and adding Subsection (c) to
2929 read as follows:
3030 (a) A person may not operate, ride, or be carried on an
3131 off-highway vehicle on public property unless the person wears:
3232 (1) a safety helmet that complies with United States
3333 Department of Transportation standards; [and]
3434 (2) eye protection; and
3535 (3) seat belts, if the vehicle is equipped with seat
3636 belts.
3737 (c) This section does not apply to a motor vehicle that:
3838 (1) has at least four wheels and is registered by the
3939 Texas Department of Transportation for use on a public highway,
4040 unless the vehicle is an all-terrain vehicle as defined by Section
4141 502.001, Transportation Code;
4242 (2) has four wheels and is equipped with bench or
4343 bucket seats and seat belts and includes a roll bar or roll cage
4444 construction to reduce the risk of injury to an occupant of the
4545 vehicle in case of the vehicle's rollover; or
4646 (3) is in the process of being loaded into or unloaded
4747 from a trailer or another vehicle used to transport the motor
4848 vehicle.
4949 SECTION 4. Section 501.002(14), Transportation Code, is
5050 amended to read as follows:
5151 (14) "Motor vehicle" means:
5252 (A) any motor driven or propelled vehicle
5353 required to be registered under the laws of this state;
5454 (B) a trailer or semitrailer, other than
5555 manufactured housing, that has a gross vehicle weight that exceeds
5656 4,000 pounds;
5757 (C) a house trailer;
5858 (D) an all-terrain vehicle or a recreational
5959 off-highway vehicle, as those terms are defined by Section 502.001,
6060 designed by the manufacturer for off-highway use that is not
6161 required to be registered under the laws of this state; or
6262 (E) a motorcycle, motor-driven cycle, or moped
6363 that is not required to be registered under the laws of this state,
6464 other than a motorcycle, motor-driven cycle, or moped designed for
6565 and used exclusively on a golf course.
6666 SECTION 5. Section 502.001, Transportation Code, is amended
6767 by amending Subdivision (1) and adding Subdivision (19-a) to read
6868 as follows:
6969 (1) "All-terrain vehicle" means a motor vehicle that
7070 is:
7171 (A) equipped with a saddle[, bench, or bucket
7272 seats] for the use of:
7373 (i) the rider; and
7474 (ii) a passenger, if the motor vehicle is
7575 designed by the manufacturer to transport a passenger;
7676 (B) designed to propel itself with three or more
7777 tires in contact with the ground;
7878 (C) designed by the manufacturer for off-highway
7979 use; and
8080 (D) not designed by the manufacturer primarily
8181 for farming or lawn care.
8282 (19-a) "Recreational off-highway vehicle" means a
8383 motor vehicle that is:
8484 (A) equipped with a non-straddle seat for the use
8585 of:
8686 (i) the rider; and
8787 (ii) a passenger, if the vehicle is
8888 designed by the manufacturer to transport a passenger;
8989 (B) designed to propel itself with four or more
9090 tires in contact with the ground;
9191 (C) designed by the manufacturer for off-highway
9292 use by the operator only; and
9393 (D) not designed by the manufacturer primarily
9494 for farming or lawn care.
9595 SECTION 6. Section 502.006, Transportation Code, is amended
9696 to read as follows:
9797 Sec. 502.006. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES.
9898 (a) Except as provided by Subsection (b), a person may not register
9999 an all-terrain vehicle or a recreational off-highway vehicle, with
100100 or without design alterations, for operation on a public highway.
101101 (b) The state, a county, or a municipality may register an
102102 all-terrain vehicle or a recreational off-highway vehicle for
103103 operation on a public beach or highway to maintain public safety and
104104 welfare.
105105 (c) A recreational off-highway vehicle registered as
106106 provided by Subsection (b) may be operated on a public or private
107107 beach in the same manner as a golf cart may be operated on a public
108108 or private beach under Section 502.0071. The operator must hold and
109109 have in the operator's possession a driver's license issued under
110110 Chapter 521 or a commercial driver's license issued under Chapter
111111 522.
112112 (d) [(e)] Section 502.172 does not apply to an all-terrain
113113 vehicle or a recreational off-highway vehicle.
114114 SECTION 7. Section 547.001, Transportation Code, is amended
115115 by adding Subsection (2-a) to read as follows:
116116 (2-a) "Golf cart" has the meaning assigned by Section
117117 502.001.
118118 SECTION 8. Section 547.002, Transportation Code, is amended
119119 to read as follows:
120120 Sec. 547.002. APPLICABILITY. Unless a provision is
121121 specifically made applicable, this chapter and the rules of the
122122 department adopted under this chapter do not apply to:
123123 (1) an implement of husbandry;
124124 (2) road machinery;
125125 (3) a road roller;
126126 (4) a farm tractor;
127127 (5) a bicycle, a bicyclist, or bicycle equipment;
128128 (6) an electric bicycle, an electric bicyclist, or
129129 electric bicycle equipment; or
130130 (7) a golf cart that is operated only as authorized by
131131 [not required to be registered under] Section 551.403 [502.284].
132132 SECTION 9. Subsection (d), Section 547.703, Transportation
133133 Code, is amended to read as follows:
134134 (d) A golf cart that is operated at a speed of not more than
135135 25 miles per hour [as defined by Section 502.001] is required to
136136 display a slow-moving-vehicle emblem [only] when it is operated on
137137 a public highway, as defined by Section 502.001, under Section
138138 551.403 or 551.404 [an arterial street].
139139 SECTION 10. Chapter 551, Transportation Code, is amended by
140140 adding Subchapter F to read as follows:
141141 SUBCHAPTER F. GOLF CARTS
142142 Sec. 551.401. DEFINITIONS. In this subchapter, "golf cart"
143143 and "public highway" have the meanings assigned by Section 502.001.
144144 Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas
145145 Department of Transportation may not register a golf cart for
146146 operation on a public highway regardless of whether any alteration
147147 has been made to the golf cart.
148148 (b) The department may issue license plates for a golf cart
149149 only as authorized by Section 504.510.
150150 Sec. 551.403. LIMITED OPERATION. (a) An operator may
151151 operate a golf cart:
152152 (1) in a master planned community:
153153 (A) that has in place a uniform set of
154154 restrictive covenants; and
155155 (B) for which a county or municipality has
156156 approved a plat;
157157 (2) on a public or private beach; or
158158 (3) on a public highway for which the posted speed
159159 limit is not more than 35 miles per hour, if the golf cart is
160160 operated:
161161 (A) during the daytime; and
162162 (B) not more than two miles from the location
163163 where the golf cart is usually parked and for transportation to or
164164 from a golf course.
165165 (b) The Texas Department of Transportation or a county or
166166 municipality may prohibit the operation of a golf cart on a public
167167 highway if the department or the governing body of the county or
168168 municipality determines that the prohibition is necessary in the
169169 interest of safety.
170170 Sec. 551.404. OPERATION IN MUNICIPALITIES. (a) In
171171 addition to the operation authorized by Section 551.403, the
172172 governing body of a municipality may allow an operator to operate a
173173 golf cart on all or part of a public highway that:
174174 (1) is in the corporate boundaries of the
175175 municipality; and
176176 (2) has a posted speed limit of not more than 35 miles
177177 per hour.
178178 (b) A golf cart operated under Subsection (a) must have the
179179 following equipment:
180180 (1) headlamps;
181181 (2) taillamps;
182182 (3) reflectors;
183183 (4) parking brake; and
184184 (5) mirrors.
185185 Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may
186186 cross intersections, including a road or street that has a posted
187187 speed limit of more than 35 miles per hour.
188188 SECTION 11. Subsection (a), Section 601.052,
189189 Transportation Code, is amended to read as follows:
190190 (a) Section 601.051 does not apply to:
191191 (1) the operation of a motor vehicle that:
192192 (A) is a former military vehicle or is at least 25
193193 years old;
194194 (B) is used only for exhibitions, club
195195 activities, parades, and other functions of public interest and not
196196 for regular transportation; and
197197 (C) for which the owner files with the department
198198 an affidavit, signed by the owner, stating that the vehicle is a
199199 collector's item and used only as described by Paragraph (B);
200200 (2) the operation of a golf cart that is operated only
201201 as authorized by [not required to be registered under] Section
202202 551.403 [502.284]; or
203203 (3) a volunteer fire department for the operation of a
204204 motor vehicle the title of which is held in the name of a volunteer
205205 fire department.
206206 SECTION 12. The following sections of the Transportation
207207 Code are repealed:
208208 (1) Section 502.0071; and
209209 (2) Subsection (e), Section 547.703.
210210 SECTION 13. The heading to Subtitle G, Title 7,
211211 Transportation Code, is amended to read as follows:
212212 SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
213213 SECTION 14. The heading to Chapter 663, Transportation
214214 Code, is amended to read as follows:
215215 CHAPTER 663. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
216216 SECTION 15. Section 663.001, Transportation Code, is
217217 amended by adding Subdivision (3) to read as follows:
218218 (3) "Recreational off-highway vehicle" has the
219219 meaning assigned by Section 502.001.
220220 SECTION 16. Subchapter A, Chapter 663, Transportation Code,
221221 is amended by adding Section 663.003 to read as follows:
222222 Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This
223223 chapter applies to the operator and operation of a recreational
224224 off-highway vehicle in the same manner as if the recreational
225225 off-highway vehicle were an all-terrain vehicle.
226226 SECTION 17. Section 502.160, Transportation Code, is
227227 amended to read as follows:
228228 Sec. 502.160. FEE: MOTORCYCLE OR MOPED. The fee for a
229229 registration year for registration of a motorcycle or moped is $30.
230230 SECTION 18. The heading to Section 502.161, Transportation
231231 Code, is amended to read as follows:
232232 Sec. 502.161. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR LESS
233233 [PASSENGER CAR, MUNICIPAL BUS, PRIVATE BUS].
234234 SECTION 19. Subsection (a), Section 502.161,
235235 Transportation Code, is amended to read as follows:
236236 (a) The fee for a registration year for registration of a
237237 vehicle with a gross weight of [passenger car, a municipal bus, or a
238238 private bus that weighs] 6,000 pounds or less is $50.75, unless
239239 otherwise provided in this chapter[:
240240 [(1) $40.50 for a vehicle the model year of which is
241241 more than six years before the year in which the registration year
242242 begins;
243243 [(2) $50.50 for a vehicle the model year of which is
244244 more than three years but is six years or less before the year in
245245 which the registration year begins; or
246246 [(3) $58.50 for a vehicle the model year of which is
247247 three years or less before the year in which the registration year
248248 begins].
249249 SECTION 20. The heading to Section 502.162, Transportation
250250 Code, is amended to read as follows:
251251 Sec. 502.162. FEE: VEHICLES THAT WEIGH MORE THAN 6,000
252252 POUNDS [COMMERCIAL MOTOR VEHICLE OR TRUCK-TRACTOR].
253253 SECTION 21. Subsection (a), Section 502.162,
254254 Transportation Code, is amended to read as follows:
255255 (a) The fee for a registration year for registration of a
256256 vehicle with a gross weight of more than 6,000 pounds is [commercial
257257 motor vehicle or truck-tractor is $25 plus an amount determined
258258 according to the vehicle's gross weight and tire equipment,] as
259259 follows unless otherwise provided in this chapter:
260260 Weight Classification Fee Schedule Weight Classification Fee Schedule
261261 Weight Classification Fee Schedule
262262 in pounds in pounds
263263 in pounds
264264 6,001-10,000 $54.00 6,001-10,000 $54.00
265265 6,001-10,000 $54.00
266266 10,001-18,000 $110.00 10,001-18,000 $110.00
267267 10,001-18,000 $110.00
268268 18,001-25,999 $205.00 18,001-25,999 $205.00
269269 18,001-25,999 $205.00
270270 26,000-40,000 $340.00 26,000-40,000 $340.00
271271 26,000-40,000 $340.00
272272 40,001-54,999 $535.00 40,001-54,999 $535.00
273273 40,001-54,999 $535.00
274274 55,000-70,000 $740.00 55,000-70,000 $740.00
275275 55,000-70,000 $740.00
276276 70,001-80,000 $840.00 70,001-80,000 $840.00
277277 70,001-80,000 $840.00
278278 [Gross weight Fee for each 100 pounds or [Gross weight Fee for each 100 pounds or
279279 [Gross weight Fee for each 100 pounds or
280280 [in pounds fraction of 100 pounds [in pounds fraction of 100 pounds
281281 [in pounds fraction of 100 pounds
282282 [Equipped with Equipped with [Equipped with Equipped with
283283 [Equipped with Equipped with
284284 [pneumatic tires solid tires [pneumatic tires solid tires
285285 [pneumatic tires solid tires
286286 [1-6,000 $0.44 $0.55 [1-6,000 $0.44 $0.55
287287 [1-6,000 $0.44 $0.55
288288 [6,001-8,000 0.495 0.66 [6,001-8,000 0.495 0.66
289289 [6,001-8,000 0.495 0.66
290290 [8,001-10,000 0.605 0.77 [8,001-10,000 0.605 0.77
291291 [8,001-10,000 0.605 0.77
292292 [10,001-17,000 0.715 0.88 [10,001-17,000 0.715 0.88
293293 [10,001-17,000 0.715 0.88
294294 [17,001-24,000 0.77 0.99 [17,001-24,000 0.77 0.99
295295 [17,001-24,000 0.77 0.99
296296 [24,001-31,000 0.88 1.10 [24,001-31,000 0.88 1.10
297297 [24,001-31,000 0.88 1.10
298298 [31,001 and over 0.99 1.32] [31,001 and over 0.99 1.32]
299299 [31,001 and over 0.99 1.32]
300300 SECTION 22. Section 502.165, Transportation Code, is
301301 amended to read as follows:
302302 Sec. 502.165. FEE: ROAD TRACTOR. The fee for a registration
303303 year for registration of a road tractor is the fee prescribed by
304304 [$25 plus an amount determined according to the vehicle's] weight
305305 as certified by a public weigher or a license and weight inspector
306306 of the Department of Public Safety under Section 502.161 or
307307 502.162, as applicable.[, as follows:
308308 [Fee for each 100 pounds [Fee for each 100 pounds
309309 [Fee for each 100 pounds
310310 [Gross weight in or [Gross weight in or
311311 [Gross weight in or
312312 [pounds fraction of 100 pounds [pounds fraction of 100 pounds
313313 [pounds fraction of 100 pounds
314314 [1-4,000 $0.275 [1-4,000 $0.275
315315 [1-4,000 $0.275
316316 [4,001-6,000 0.55 [4,001-6,000 0.55
317317 [4,001-6,000 0.55
318318 [6,001-8,000 0.66 [6,001-8,000 0.66
319319 [6,001-8,000 0.66
320320 [8,001-10,000 0.825 [8,001-10,000 0.825
321321 [8,001-10,000 0.825
322322 [10,001 and over 1.10] [10,001 and over 1.10]
323323 [10,001 and over 1.10]
324324 SECTION 23. The heading to Section 502.166, Transportation
325325 Code, is amended to read as follows:
326326 Sec. 502.166. FEE: TRAILER, TRAVEL TRAILER, OR SEMITRAILER.
327327 SECTION 24. Section 502.166, Transportation Code, is
328328 amended by amending Subsection (a) and adding Subsection (a-1) to
329329 read as follows:
330330 (a) The fee for a registration year for registration of a
331331 trailer, travel trailer, or semitrailer with a [is $25 plus an
332332 amount determined according to the vehicle's] gross weight of 6,000
333333 pounds or less is $45.00.
334334 (a-1) The fee for a registration year for registration of a
335335 trailer, travel trailer, or semitrailer with a gross weight of more
336336 than 6,000 pounds is calculated by gross weight according to
337337 Section 502.162. [and tire equipment, as follows:
338338 [Gross weight Fee for each 100 pounds or [Gross weight Fee for each 100 pounds or
339339 [Gross weight Fee for each 100 pounds or
340340 [in pounds fraction of 100 pounds [in pounds fraction of 100 pounds
341341 [in pounds fraction of 100 pounds
342342 [Equipped with Equipped with [Equipped with Equipped with
343343 [Equipped with Equipped with
344344 [pneumatic tires solid tires [pneumatic tires solid tires
345345 [pneumatic tires solid tires
346346 [1-6,000 $0.33 $0.44 [1-6,000 $0.33 $0.44
347347 [1-6,000 $0.33 $0.44
348348 [6,001-8,000 0.44 0.55 [6,001-8,000 0.44 0.55
349349 [6,001-8,000 0.44 0.55
350350 [8,001-10,000 0.55 0.66 [8,001-10,000 0.55 0.66
351351 [8,001-10,000 0.55 0.66
352352 [10,001-17,000 0.66 0.88 [10,001-17,000 0.66 0.88
353353 [10,001-17,000 0.66 0.88
354354 [17,001 and over 0.715 0.99] [17,001 and over 0.715 0.99]
355355 [17,001 and over 0.715 0.99]
356356 SECTION 25. Subsections (a), (b), and (c), Section 502.167,
357357 Transportation Code, are amended to read as follows:
358358 (a) This section applies only to a truck-tractor or
359359 commercial motor vehicle with a gross weight [manufacturer's rated
360360 carrying capacity] of more than 10,000 pounds [one ton] that is used
361361 or is to be used in combination with a semitrailer that has a gross
362362 weight of more than 6,000 pounds.
363363 (b) The [Notwithstanding Section 502.162, the] fee for a
364364 registration year for registration of a truck-tractor or commercial
365365 motor vehicle is calculated by gross weight according to Section
366366 502.162. [$40 plus an amount determined according to the combined
367367 gross weight of the vehicles, as follows:
368368 [Fee for each 100 pounds [Fee for each 100 pounds
369369 [Fee for each 100 pounds
370370 [Combined gross weight or [Combined gross weight or
371371 [Combined gross weight or
372372 [in pounds fraction of 100 pounds [in pounds fraction of 100 pounds
373373 [in pounds fraction of 100 pounds
374374 [18,000-36,000 $0.60 [18,000-36,000 $0.60
375375 [18,000-36,000 $0.60
376376 [36,001-42,000 0.75 [36,001-42,000 0.75
377377 [36,001-42,000 0.75
378378 [42,001-62,000 0.90 [42,001-62,000 0.90
379379 [42,001-62,000 0.90
380380 [62,001 and over 1.00] [62,001 and over 1.00]
381381 [62,001 and over 1.00]
382382 (c) The [Notwithstanding Section 502.166, the] fee for a
383383 registration year for registration of a semitrailer used in the
384384 manner described by Subsection (a), regardless of the date the
385385 semitrailer is registered, is:
386386 (1) $30, for a semitrailer being propelled by a power
387387 unit for which a permit under Section 623.011 has been issued; or
388388 (2) $15, for a semitrailer being propelled by a power
389389 unit for which a permit under Section 623.011 has not been issued.
390390 SECTION 26. Section 502.168, Transportation Code, is
391391 amended to read as follows:
392392 Sec. 502.168. FEE: MOTOR BUS. The fee for a registration
393393 year for registration of a motor bus is the fee prescribed by
394394 Section 502.161 or 502.162, as applicable. [$25 plus an amount
395395 determined according to the vehicle's gross weight, as follows:
396396 [Fee for each 100 pounds [Fee for each 100 pounds
397397 [Fee for each 100 pounds
398398 [Gross weight or [Gross weight or
399399 [Gross weight or
400400 [in pounds fraction of 100 pounds [in pounds fraction of 100 pounds
401401 [in pounds fraction of 100 pounds
402402 [1-6,000 $0.44 [1-6,000 $0.44
403403 [1-6,000 $0.44
404404 [6,001-8,000 0.495 [6,001-8,000 0.495
405405 [6,001-8,000 0.495
406406 [8,001-10,000 0.605 [8,001-10,000 0.605
407407 [8,001-10,000 0.605
408408 [10,001-17,000 0.715 [10,001-17,000 0.715
409409 [10,001-17,000 0.715
410410 [17,001-24,000 0.77 [17,001-24,000 0.77
411411 [17,001-24,000 0.77
412412 [24,001-31,000 0.88 [24,001-31,000 0.88
413413 [24,001-31,000 0.88
414414 [31,001 and over 0.99] [31,001 and over 0.99]
415415 [31,001 and over 0.99]
416416 SECTION 27. Subsection (b), Section 502.1705,
417417 Transportation Code, is amended to read as follows:
418418 (b) The department may use money collected under this
419419 section to provide for or enhance [perform one or more of the
420420 following]:
421421 (1) [enhancing the department's automated
422422 registration and title system;
423423 [(2) providing for the automated on-site production of
424424 registration insignia; or
425425 [(3) providing for] automated on-premises and
426426 off-premises [self-service] registration; and
427427 (2) services related to the titling of vehicles.
428428 SECTION 28. The heading to Section 502.184, Transportation
429429 Code, is amended to read as follows:
430430 Sec. 502.184. REPLACEMENT OF [LOST, STOLEN, OR MUTILATED
431431 LICENSE PLATE OR] REGISTRATION INSIGNIA.
432432 SECTION 29. Subsections (a), (b), (e), and (f), Section
433433 502.184, Transportation Code, are amended to read as follows:
434434 (a) The owner of a registered motor vehicle may obtain [from
435435 the department through the county assessor-collector replacement
436436 license plates or] a replacement registration insignia by:
437437 (1) certifying [filing with the assessor-collector a
438438 statement:
439439 [(A) showing that one or both of the license
440440 plates or the registration insignia to be replaced has been lost,
441441 stolen, or mutilated; and
442442 [(B) stating] that the replacement [no license
443443 plate or] registration insignia [to be replaced] will not be used on
444444 any other vehicle owned or operated by the person making the
445445 statement;
446446 (2) paying a fee of $6 [$5] plus the fees required by
447447 Section [Sections 502.170(a) and] 502.1705(a) for [each set of
448448 replacement license plates or] each replacement registration
449449 insignia, except as provided by other law [Subsection (b), (c), or
450450 (i)]; and
451451 (3) returning [to the assessor-collector] each
452452 replaced [plate or] registration insignia in the owner's
453453 possession.
454454 (b) No fee is required under this section if the replacement
455455 fee for a license plate has been paid under Section 502.1841 [for
456456 the replacement of lost, stolen, or mutilated specialized license
457457 plates issued under Sections 504.308 and 504.315(e) and (f)]. [The
458458 fee for replacement of certain specialized license plates is:
459459 [License plates issued under: Fee: [License plates issued under: Fee:
460460 [License plates issued under: Fee:
461461 [Section 504.411 $2 [Section 504.411 $2
462462 [Section 504.411 $2
463463 [Section 504.409 $9] [Section 504.409 $9]
464464 [Section 504.409 $9]
465465 (e) A county assessor-collector may not issue [replacement
466466 license plates or] a replacement registration insignia without
467467 complying with this section.
468468 (f) A county assessor-collector shall retain $2.50 of each
469469 fee collected under this section and shall report and send the
470470 remainder to the department [as provided by Sections 502.102 and
471471 502.105].
472472 SECTION 30. Subchapter D, Chapter 502, Transportation Code,
473473 is amended by adding Section 502.1841 to read as follows:
474474 Sec. 502.1841. REPLACEMENT LICENSE PLATES. (a) The owner
475475 of a registered motor vehicle may obtain replacement license plates
476476 for the vehicle by:
477477 (1) certifying that the replacement plates will not be
478478 used on any other vehicle owned or operated by the person making the
479479 statement;
480480 (2) paying a fee of $6 plus the fee required by Section
481481 502.1705(a) for each set of replacement license plates, unless
482482 otherwise specified by law; and
483483 (3) returning to the department each license plate in
484484 the owner's possession for which a replacement license plate is
485485 obtained.
486486 (b) Replacement license plates may not be issued except as
487487 provided by this section.
488488 (c) A county assessor-collector shall retain $2.50 of each
489489 fee collected under this section and forward the remainder of the
490490 fee to the department.
491491 (d) The fee required by this section applies to the issuance
492492 of license plates for a transferred used vehicle for which the
493493 registration and license plates were not transferred under
494494 Subchapter I.
495495 SECTION 31. Subsection (d), Section 504.101,
496496 Transportation Code, is amended to read as follows:
497497 (d) The department may not issue a replacement set of
498498 personalized license plates to the same person before the sixth
499499 anniversary of the date of issuance unless the applicant for
500500 issuance of replacement plates pays the [an additional] fee
501501 required by Section 502.1841 [of $30].
502502 SECTION 32. Section 504.501, Transportation Code, is
503503 amended to read as follows:
504504 Sec. 504.501. CLASSIC MOTOR VEHICLES AND TRAVEL TRAILERS.
505505 (a) The department shall issue specialty license plates for a motor
506506 vehicle that is at least 25 years old. The license plates must
507507 include the word "Classic" [words "Classic Auto," "Classic
508508 Motorcycle," or "Classic Truck"] or a similar designation, as
509509 appropriate.
510510 (b) A person eligible for the license plates may instead use
511511 license plates that were issued by this state in the same year as
512512 the model year of the vehicle and are approved by the department if
513513 the plates are approved for the vehicle before January 1, 2011. The
514514 department may require the attachment of a registration insignia to
515515 the license plate in a manner that does not affect the display of
516516 information originally on the license plate.
517517 (c) There is no [The] fee for issuance or approval of
518518 license plates under this section [is $15].
519519 SECTION 33. Subsection (c), Section 504.505,
520520 Transportation Code, is amended to read as follows:
521521 (c) There is no [The initial] fee for issuance of the
522522 license plates [is $8]. The license plates may be renewed without
523523 payment of a fee.
524524 SECTION 34. Subsection (b), Section 504.507,
525525 Transportation Code, is amended to read as follows:
526526 (b) There is no [The] fee for issuance of the license plates
527527 [is $8]. The department shall:
528528 (1) [also] collect any [additional] fee that a county
529529 imposes under this chapter for registration of a forestry vehicle;
530530 and
531531 (2) send the fee to the appropriate county for
532532 disposition.
533533 SECTION 35. Subsection (b), Section 504.508,
534534 Transportation Code, is amended to read as follows:
535535 (b) There is no [The] fee for issuance of the license plates
536536 [is $15].
537537 SECTION 36. Section 504.509, Transportation Code, is
538538 amended to read as follows:
539539 Sec. 504.509. VEHICLES CARRYING MOBILE AMATEUR RADIO
540540 EQUIPMENT. [(a)] The department shall issue specialty license
541541 plates for a person who holds an amateur radio station license
542542 issued by the Federal Communications Commission and who operates
543543 receiving and transmitting mobile amateur radio equipment. The
544544 license plates shall include the person's amateur call letters as
545545 assigned by the Federal Communications Commission. A person may
546546 register more than one vehicle equipped with mobile amateur radio
547547 equipment under this section, and the department shall issue
548548 license plates that include the same amateur call letters for each
549549 vehicle.
550550 [(b) The fee for issuance of the license plates is $2 for the
551551 first year and $1 for each subsequent year.]
552552 SECTION 37. Subsection (b), Section 504.510,
553553 Transportation Code, is amended to read as follows:
554554 (b) The fee for issuance of the license plates is $6 [$10].
555555 SECTION 38. Subsection (a), Section 504.801,
556556 Transportation Code, is amended to read as follows:
557557 (a) The department may create new specialty license plates
558558 on its own initiative or on receipt of an application from a
559559 potential sponsor. A new specialty license plate created under
560560 this section must comply with each requirement of Section 504.702
561561 unless the license is created by the department on its own
562562 initiative. The department may permit a specialty license plate
563563 created under this section to be personalized. The redesign of an
564564 existing specialty license plate at the request of a sponsor shall
565565 be treated like the issuance of a new specialty license plate,
566566 except that the department may require a nonrefundable design fee
567567 [lower deposit amount to reflect the actual costs of redesigning
568568 the license plate].
569569 SECTION 39. The following provisions of the Transportation
570570 Code are repealed:
571571 (1) Section 502.007;
572572 (2) Subsection (b), Section 502.161;
573573 (3) Section 502.170;
574574 (4) Subsection (c), Section 502.1705;
575575 (5) Section 502.187;
576576 (6) Subsection (c), Section 502.201;
577577 (7) Section 502.453;
578578 (8) Subsection (b), Section 504.409; and
579579 (9) Section 504.5011.
580580 SECTION 40. Sections 1 through 16 of this Act take effect
581581 September 1, 2009. Sections 17 through 39 of this Act take effect
582582 September 1, 2011.
583583 ______________________________ ______________________________
584584 President of the Senate Speaker of the House
585585 I certify that H.B. No. 2553 was passed by the House on April
586586 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
587587 voting; that the House refused to concur in Senate amendments to
588588 H.B. No. 2553 on May 29, 2009, and requested the appointment of a
589589 conference committee to consider the differences between the two
590590 houses; and that the House adopted the conference committee report
591591 on H.B. No. 2553 on May 31, 2009, by the following vote: Yeas 145,
592592 Nays 0, 1 present, not voting.
593593 ______________________________
594594 Chief Clerk of the House
595595 I certify that H.B. No. 2553 was passed by the Senate, with
596596 amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
597597 1; at the request of the House, the Senate appointed a conference
598598 committee to consider the differences between the two houses; and
599599 that the Senate adopted the conference committee report on H.B. No.
600600 2553 on June 1, 2009, by the following vote: Yeas 30, Nays 1.
601601 ______________________________
602602 Secretary of the Senate
603603 APPROVED: __________________
604604 Date
605605 __________________
606606 Governor
607607
608608 Weight Classification Fee Schedule
609609
610610 in pounds
611611
612612 6,001-10,000 $54.00
613613
614614 10,001-18,000 $110.00
615615
616616 18,001-25,999 $205.00
617617
618618 26,000-40,000 $340.00
619619
620620 40,001-54,999 $535.00
621621
622622 55,000-70,000 $740.00
623623
624624 70,001-80,000 $840.00
625625
626626 [Gross weight Fee for each 100 pounds or
627627
628628 [in pounds fraction of 100 pounds
629629
630630 [Equipped with Equipped with
631631
632632 [pneumatic tires solid tires
633633
634634 [1-6,000 $0.44 $0.55
635635
636636 [6,001-8,000 0.495 0.66
637637
638638 [8,001-10,000 0.605 0.77
639639
640640 [10,001-17,000 0.715 0.88
641641
642642 [17,001-24,000 0.77 0.99
643643
644644 [24,001-31,000 0.88 1.10
645645
646646 [31,001 and over 0.99 1.32]
647647
648648 [Fee for each 100 pounds
649649
650650 [Gross weight in or
651651
652652 [pounds fraction of 100 pounds
653653
654654 [1-4,000 $0.275
655655
656656 [4,001-6,000 0.55
657657
658658 [6,001-8,000 0.66
659659
660660 [8,001-10,000 0.825
661661
662662 [10,001 and over 1.10]
663663
664664 [Gross weight Fee for each 100 pounds or
665665
666666 [in pounds fraction of 100 pounds
667667
668668 [Equipped with Equipped with
669669
670670 [pneumatic tires solid tires
671671
672672 [1-6,000 $0.33 $0.44
673673
674674 [6,001-8,000 0.44 0.55
675675
676676 [8,001-10,000 0.55 0.66
677677
678678 [10,001-17,000 0.66 0.88
679679
680680 [17,001 and over 0.715 0.99]
681681
682682 [Fee for each 100 pounds
683683
684684 [Combined gross weight or
685685
686686 [in pounds fraction of 100 pounds
687687
688688 [18,000-36,000 $0.60
689689
690690 [36,001-42,000 0.75
691691
692692 [42,001-62,000 0.90
693693
694694 [62,001 and over 1.00]
695695
696696 [Fee for each 100 pounds
697697
698698 [Gross weight or
699699
700700 [in pounds fraction of 100 pounds
701701
702702 [1-6,000 $0.44
703703
704704 [6,001-8,000 0.495
705705
706706 [8,001-10,000 0.605
707707
708708 [10,001-17,000 0.715
709709
710710 [17,001-24,000 0.77
711711
712712 [24,001-31,000 0.88
713713
714714 [31,001 and over 0.99]
715715
716716 [License plates issued under: Fee:
717717
718718 [Section 504.411 $2
719719
720720 [Section 504.409 $9]