Texas 2009 - 81st Regular

Texas Senate Bill SB1616 Compare Versions

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1	1	S.B. No. 1616
2	2
3	3
4	4	AN ACT
5	5	relating to the fees for and issuance of certain license plates.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 504.003, Transportation Code, is amended
8	8	by amending Subsection (c) and adding Subsection (c-1) to read as
9	9	follows:
10	10	(c) If a [the] souvenir license plate issued before
11	11	September 1, 2009, is personalized, the fee for the plate is
12	12	$40. Of the fee:
13	13	(1) $20 shall be deposited to the credit of the state
14	14	highway fund;
15	15	(2) $10 shall be deposited to the credit of the
16	16	designated account if the souvenir license plate is a replica of a
17	17	specialty license plate issued under Subchapter G or I for which the
18	18	fee is deposited to a designated account other than the state
19	19	highway fund; and
20	20	(3) the remainder shall be deposited to the credit of
21	21	the general revenue fund.
22	22	(c-1) The fee for a souvenir license plate issued on or
23	23	after September 1, 2009, is the amount established under Section
24	24	504.851(c).
25	25	SECTION 2. Section 504.102, Transportation Code, is amended
26	26	to read as follows:
27	27	Sec. 504.102. PERSONALIZATION OF [OTHER] SPECIALTY LICENSE
28	28	PLATE [PLATES]. Unless expressly prohibited by this chapter or
29	29	department rule, any specialty license plate issued under this
30	30	chapter may be personalized. If a [another] specialty license
31	31	plate is personalized, the fee for personalization of the specialty
32	32	license plate [established by Section 504.101(c)] shall be added to
33	33	the fee for issuance of that specialty license plate.
34	34	SECTION 3. Section 504.409, Transportation Code, is amended
35	35	to read as follows:
36	36	Sec. 504.409. [VOLUNTEER] FIREFIGHTERS. (a) The
37	37	department shall issue specialty license plates for:
38	38	(1) volunteer firefighters certified by:
39	39	(A) [(1)] the Texas Commission on Fire
40	40	Protection; or
41	41	(B) [(2)] the State Firemen's and Fire Marshals'
42	42	Association of Texas; and
43	43	(2) fire protection personnel as that term is defined
44	44	by Section 419.021, Government Code.
45	45	(b) The fee for issuance of each set of [the] license plates
46	46	is:
47	47	(1) $4 for volunteer firefighters; and
48	48	(2) $30 for fire protection personnel.
49	49	(c) A person may be issued not more than three sets [only one
50	50	set] of [the] license plates.
51	51	SECTION 4. Section 504.601, Transportation Code, is amended
52	52	to read as follows:
53	53	Sec. 504.601. GENERAL PROVISIONS APPLICABLE TO [ALL]
54	54	SPECIALTY LICENSE PLATES FOR GENERAL DISTRIBUTION. (a) Unless
55	55	expressly provided by this subchapter or department rule:
56	56	(1) the fee for issuance of a license plate under this
57	57	subchapter is $30; and
58	58	(2) of each fee received under this subchapter, the
59	59	department shall use $8 to defray its administrative costs in
60	60	complying with this subchapter.
61	61	(b) This section does not apply to a specialty license plate
62	62	marketed and sold by a private vendor at the request of the
63	63	specialty license plate sponsor under Section 504.6011.
64	64	SECTION 5. Subchapter G, Chapter 504, Transportation Code,
65	65	is amended by adding Section 504.6011 to read as follows:
66	66	Sec. 504.6011. GENERAL PROVISIONS APPLICABLE TO SPECIALTY
67	67	LICENSE PLATES FOR GENERAL DISTRIBUTION SOLD THROUGH PRIVATE
68	68	VENDOR. (a) The sponsor of a specialty license plate authorized
69	69	to be issued under this subchapter before September 1, 2009, may
70	70	contract with the private vendor authorized under Subchapter J for
71	71	the marketing and sale of the specialty license plate.
72	72	(b) The fee for issuance of a specialty license plate
73	73	described by Subsection (a) is the amount established under Section
74	74	504.851.
75	75	(c) Notwithstanding any other law, from each fee received
76	76	for the issuance of a specialty license plate described by
77	77	Subsection (a), the department shall:
78	78	(1) deduct the administrative costs described by
79	79	Section 504.601(a)(2);
80	80	(2) deposit to the credit of the account designated by
81	81	the law authorizing the specialty license plate the portion of the
82	82	fee for the sale of the plate that the state would ordinarily
83	83	receive under the contract described by Section 504.851(a); and
84	84	(3) pay to the private vendor the remainder of the fee.
85	85	SECTION 6. Subchapter G, Chapter 504, Transportation Code,
86	86	is amended by adding Section 504.660 to read as follows:
87	87	Sec. 504.660. SEXUAL ASSAULT AWARENESS LICENSE PLATES.
88	88	(a) The department shall design and issue specialty license plates
89	89	to support victims of sexual assault.
90	90	(b) The license plates must include the words "Speak up.
91	91	Speak out." and an image of a blue ribbon.
92	92	(c) After deduction of the department's administrative
93	93	costs, the remainder of the fee for issuance of the license plates
94	94	shall be deposited to the credit of the sexual assault program fund
95	95	established by Section 420.008, Government Code.
96	96	SECTION 7. Section 504.801, Transportation Code, is amended
97	97	by amending Subsections (d), (e), and (f) and adding Subsection
98	98	(d-1) to read as follows:
99	99	(d) The fee for issuance of license plates created
100	100	[authorized] under this subchapter before September 1, 2009, is $30
101	101	unless the department sets a higher fee. This subsection does not
102	102	apply to a specialty license plate marketed and sold by a private
103	103	vendor at the request of the specialty license plate sponsor.
104	104	(d-1) The fee for issuance of license plates created under
105	105	this subchapter on or after September 1, 2009, is the amount
106	106	established under Section 504.851.
107	107	(e) For each fee collected for a license plate issued by the
108	108	department under this section:
109	109	(1) $8 shall be used to reimburse the department for
110	110	its administrative costs; and
111	111	(2) the remainder shall be deposited to the credit of:
112	112	(A) the specialty license plate fund, which is an
113	113	account in the general revenue fund, if the sponsor nominated a
114	114	state agency to receive the funds; or
115	115	(B) the state highway fund if the sponsor did not
116	116	nominate a state agency to receive the funds or if there is no
117	117	sponsor.
118	118	(f) Subchapter D, Chapter 316, Government Code, and Section
119	119	403.095, Government Code, do not apply to fees collected under this
120	120	subchapter [section].
121	121	SECTION 8. Subchapter I, Chapter 504, Transportation Code,
122	122	is amended by adding Section 504.802 to read as follows:
123	123	Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF
124	124	SPECIALTY LICENSE PLATES CREATED BEFORE SEPTEMBER 1, 2009. (a) A
125	125	sponsor of a specialty license plate created under this subchapter
126	126	before September 1, 2009, may contract with the private vendor
127	127	authorized under Subchapter J for the marketing and sale of the
128	128	specialty license plate.
129	129	(b) The fee for issuance of a specialty license plate
130	130	described by Subsection (a) is the amount established under Section
131	131	504.851(c).
132	132	(c) Notwithstanding any other law, from each fee received
133	133	from the issuance of a specialty license plate marketed and sold by
134	134	the private vendor under this section, the department shall:
135	135	(1) deduct the administrative costs described by
136	136	Section 504.801(e)(1);
137	137	(2) deposit the portion of the fee for the sale of the
138	138	plate that the state would ordinarily receive under the contract
139	139	described by Section 504.851(a) to the credit of:
140	140	(A) the specialty license plate fund, if the
141	141	sponsor nominated a state agency to receive the funds; or
142	142	(B) the general revenue fund, if the sponsor did
143	143	not nominate a state agency to receive the funds or if there is no
144	144	sponsor; and
145	145	(3) pay to the private vendor the remainder of the fee.
146	146	SECTION 9. Section 504.851, Transportation Code, is amended
147	147	by amending Subsections (a), (b), and (j) and adding Subsections
148	148	(a-1), (a-2), and (c-1) to read as follows:
149	149	(a) The department shall enter into a contract with the
150	150	private vendor whose proposal is most advantageous to the state, as
151	151	determined from competitive sealed proposals that satisfy the
152	152	requirements of this section, for the marketing and sale of:
153	153	(1) personalized license plates [authorized by
154	154	Section 504.101]; or
155	155	(2) with the agreement of the private vendor, other
156	156	specialty license plates authorized by Subchapters G and I [this
157	157	subchapter].
158	158	(a-1) The department may not issue specialty, personalized,
159	159	or souvenir license plates with background colors other than white,
160	160	unless the plates are marketed and sold by the private vendor.
161	161	(a-2) Specialty license plates authorized for marketing and
162	162	sale under Subsection (a) must include:
163	163	(1) specialty license plates created under
164	164	Subchapters G and I on or after September 1, 2009; and
165	165	(2) at the request of the specialty license plate
166	166	sponsor, an existing specialty license plate created under
167	167	Subchapters G and I before September 1, 2009.
168	168	(b) The [Instead of the fees established by Section
169	169	504.101(c), the] commission by rule shall establish fees for the
170	170	issuance or renewal of personalized license plates that are
171	171	marketed and sold by the private vendor. Fees must be reasonable
172	172	and not less than the greater of:
173	173	(1) the amounts necessary to allow the department to
174	174	recover all reasonable costs to the department associated with the
175	175	evaluation of the competitive sealed proposals received by the
176	176	department and with the implementation and enforcement of the
177	177	contract, including direct, indirect, and administrative costs; or
178	178	(2) the amount established by Section 504.853(b)
179	179	[504.101(c)].
180	180	(c-1) Subsections (b) and (c) do not apply to the sale at
181	181	auction of a specialty plate or personalized specialty plate that
182	182	is not used on a motor vehicle.
183	183	(j) From amounts received by the department under the
184	184	contract described by Subsection (a), the department shall deposit
185	185	to the credit of the state highway fund an amount sufficient to
186	186	enable the department to recover its administrative costs for all
187	187	license plates issued under this section, [including] any payments
188	188	to the vendor under the contract [Subsection (a)], and any other
189	189	amounts allocated by law to the state highway fund [by another law].
190	190	To the extent that the disposition of other amounts received by
191	191	[from] the department is [vendor are] governed by another law,
192	192	those amounts shall be deposited in accordance with the other law[,
193	193	and for each type of license plate the amount charged for the
194	194	license plate may not be less than the amount in effect on January
195	195	1, 2003]. Any additional amount received by [from] the department
196	196	under the contract [vendor] shall be deposited to the credit of the
197	197	general revenue fund.
198	198	SECTION 10. Subchapter J, Chapter 504, Transportation Code,
199	199	is amended by adding Sections 504.853 and 504.854 to read as
200	200	follows:
201	201	Sec. 504.853. PERSONALIZED LICENSE PLATES ISSUED BEFORE
202	202	SEPTEMBER 1, 2009. (a) A personalized license plate issued before
203	203	September 1, 2009, may be issued for a subsequent registration
204	204	period only if the applicant submits an application and pays the
205	205	required fee for the applicable registration period. A person who
206	206	is issued a personalized license plate has first priority on that
207	207	license plate for each subsequent registration period for which the
208	208	person submits a new application for that plate.
209	209	(b) The fee for issuance of a personalized license plate
210	210	issued before September 1, 2009, is $40, unless the director adopts
211	211	by rule a higher fee.
212	212	(c) A person who is issued a personalized license plate by
213	213	the department before September 1, 2009, may:
214	214	(1) submit an application for the plate under
215	215	Subsection (a) and pay the required fee for each subsequent
216	216	registration period under Subsection (b); or
217	217	(2) purchase through the private vendor a license to
218	218	display the alphanumeric pattern on a license plate for any term
219	219	allowed by law.
220	220	(d) The department may not issue a replacement set of
221	221	personalized license plates to the same person before the sixth
222	222	anniversary of the date of issuance unless the applicant for
223	223	issuance of replacement plates pays an additional fee of $30.
224	224	(e) Of each fee collected by the department under this
225	225	section:
226	226	(1) $1.25 shall be used to defray the cost of
227	227	administering this section; and
228	228	(2) the remainder shall be deposited to the credit of
229	229	the general revenue fund.
230	230	Sec. 504.854. AUCTION. (a) The private vendor may sell at
231	231	auction a license to display a unique alphanumeric pattern on a
232	232	license plate.
233	233	(b) Only a license to display an alphanumeric pattern
234	234	purchased under this section or a license to display an
235	235	alphanumeric pattern sold by the private vendor under Section
236	236	504.853 may be transferred to another person. The transferee is
237	237	entitled to the same rights and privileges as the transferor.
238	238	(c) The transferee shall file a form prescribed by the
239	239	department to notify the department of the transfer. The
240	240	department may set a fee to be paid by the transferee to the
241	241	department for the transfer.
242	242	SECTION 11. The following provisions of the Transportation
243	243	Code are repealed:
244	244	(1) Section 504.101; and
245	245	(2) Subsection (m), Section 504.851.
246	246	SECTION 12. The changes in law made by this Act do not
247	247	require the rebidding of a contract that is in effect on the
248	248	effective date of this Act.
249	249	SECTION 13. This Act takes effect September 1, 2009.
250	250	______________________________ ______________________________
251	251	President of the Senate Speaker of the House
252	252	I hereby certify that S.B. No. 1616 passed the Senate on
253	253	May 8, 2009, by the following vote: Yeas 30, Nays 0; and that the
254	254	Senate concurred in House amendments on May 30, 2009, by the
255	255	following vote: Yeas 31, Nays 0.
256	256	______________________________
257	257	Secretary of the Senate
258	258	I hereby certify that S.B. No. 1616 passed the House, with
259	259	amendments, on May 27, 2009, by the following vote: Yeas 148,
260	260	Nays 0, one present not voting.
261	261	______________________________
262	262	Chief Clerk of the House
263	263	Approved:
264	264	______________________________
265	265	Date
266	266	______________________________
267	267	Governor