Texas 2011 - 82nd Regular

Texas House Bill HB2806 Compare Versions

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1	1	82R16711 JAM-F
2	2	By: Phillips H.B. No. 2806
3	3	Substitute the following for H.B. No. 2806:
4	4	By: Darby C.S.H.B. No. 2806
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the marketing, hosting, and sale of specialty and
10	10	personalized license plates.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 504.003(c) and (c-1), Transportation
13	13	Code, are amended to read as follows:
14	14	(c) If a souvenir license plate issued before November 19
15	15	[September 1], 2009, is personalized, the fee for the plate is
16	16	$40. Of the fee:
17	17	(1) $20 shall be deposited to the credit of the state
18	18	highway fund;
19	19	(2) $10 shall be deposited to the credit of the
20	20	designated account if the souvenir license plate is a replica of a
21	21	specialty license plate issued under Subchapter G or I for which the
22	22	fee is deposited to a designated account other than the state
23	23	highway fund; and
24	24	(3) the remainder shall be deposited to the credit of
25	25	the general revenue fund.
26	26	(c-1) The fee for a souvenir license plate issued on or
27	27	after November 19 [September 1], 2009, is the amount established
28	28	under Section 504.851(c).
29	29	SECTION 2. Subchapter B, Chapter 504, Transportation Code,
30	30	is amended by adding Section 504.101 to read as follows:
31	31	Sec. 504.101. PERSONALIZED LICENSE PLATES. The department
32	32	shall issue personalized license plates, including those sold by
33	33	the private vendor under a contract with the department as provided
34	34	by Section 504.851.
35	35	SECTION 3. Section 504.6011, Transportation Code, is
36	36	amended by amending Subsection (a) and adding Subsection (d) to
37	37	read as follows:
38	38	(a) The sponsor of a specialty license plate [authorized to
39	39	be issued under this subchapter before September 1, 2009,] may
40	40	contract with the private vendor authorized under Subchapter J for
41	41	the marketing and sale of the specialty license plate.
42	42	(d) A sponsor of a specialty license plate authorized to be
43	43	issued under this subchapter before November 19, 2009, may
44	44	reestablish its specialty license plate under Sections 504.601 and
45	45	504.702 and be credited its previous deposit with the department if
46	46	a contract entered into by the sponsor under Subsection (a)
47	47	terminates.
48	48	SECTION 4. Section 504.614, Transportation Code, is amended
49	49	by adding Subsection (b-1) to read as follows:
50	50	(b-1) A public entity that receives money under Subsection
51	51	(b) may contract with the private vendor under Section 504.6011 to
52	52	distribute the entity's portion of the money in a manner other than
53	53	that described by Subsection (b).
54	54	SECTION 5. Sections 504.801(d) and (d-1), Transportation
55	55	Code, are amended to read as follows:
56	56	(d) The fee for issuance of license plates created under
57	57	this subchapter before November 19 [September 1], 2009, is $30
58	58	unless the department sets a higher fee. This subsection does not
59	59	apply to a specialty license plate marketed and sold by a private
60	60	vendor at the request of the specialty license plate sponsor.
61	61	(d-1) The fee for issuance of license plates created under
62	62	this subchapter on or after November 19 [September 1], 2009, is the
63	63	amount established under Section 504.851.
64	64	SECTION 6. The heading to Section 504.802, Transportation
65	65	Code, is amended to read as follows:
66	66	Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF
67	67	SPECIALTY LICENSE PLATES [CREATED BEFORE SEPTEMBER 1, 2009].
68	68	SECTION 7. Section 504.802, Transportation Code, is amended
69	69	by amending Subsections (a) and (c) and adding Subsection (d) to
70	70	read as follows:
71	71	(a) A sponsor of a specialty license plate created under
72	72	this subchapter [before September 1, 2009,] may contract with the
73	73	private vendor authorized under Subchapter J for the marketing and
74	74	sale of the specialty license plate.
75	75	(c) Notwithstanding any other law, from each fee received
76	76	from the issuance of a specialty license plate marketed and sold by
77	77	the private vendor under this section, the department shall:
78	78	(1) deduct the administrative costs described by
79	79	Section 504.801(e)(1);
80	80	(2) deposit the portion of the fee for the sale of the
81	81	plate that the state would ordinarily receive under the contract
82	82	described by Section 504.851(a) to the credit of:
83	83	(A) the specialty license plate fund, if the
84	84	sponsor nominated a state agency to receive the funds; [or]
85	85	(B) the general revenue fund, if the sponsor did
86	86	not nominate a state agency to receive the funds or if there is no
87	87	sponsor; or
88	88	(C) for a license plate issued under Section
89	89	504.614, the public entity that provides or provided funds for the
90	90	professional sports team's facility; and
91	91	(3) pay to the private vendor the remainder of the fee.
92	92	(d) A sponsor of a specialty license plate may reestablish
93	93	its specialty license plate under Sections 504.601 and 504.702 and
94	94	be credited its previous deposit with the department if a contract
95	95	entered into by the sponsor under Subsection (a) terminates.
96	96	SECTION 8. Section 504.851, Transportation Code, is amended
97	97	by amending Subsections (a-2), (c), (e), (f), and (h), and adding
98	98	Subsections (a-3) and (m) to read as follows:
99	99	(a-2) Specialty license plates authorized for marketing and
100	100	sale under Subsection (a) may be personalized and must include:
101	101	(1) specialty license plates created under
102	102	Subchapters G and I on or after November 19 [September 1], 2009; and
103	103	(2) at the request of the specialty license plate
104	104	sponsor, an existing specialty license plate created under
105	105	Subchapters G and I before November 19 [September 1], 2009.
106	106	(a-3) The department may contract with the private vendor
107	107	for the vendor to:
108	108	(1) host all or some of the specialty license plates on
109	109	the vendor's website;
110	110	(2) process the purchase of specialty license plates
111	111	hosted on the vendor's website and pay any additional transaction
112	112	cost; and
113	113	(3) share in the personalization fee for the license
114	114	plates hosted on the vendor's website.
115	115	(c) The board by rule shall establish the fees for the
116	116	issuance or renewal of souvenir license plates, specialty license
117	117	plates, or souvenir or specialty license plates that are
118	118	personalized that are marketed and sold by the private vendor or
119	119	hosted on the private vendor's website. The state's portion of the
120	120	personalization fee may not be less than $40 for each year issued.
121	121	Other fees [Fees] must be reasonable and not less than the amounts
122	122	necessary to allow the department to recover all reasonable costs
123	123	to the department associated with the evaluation of the competitive
124	124	sealed proposals received by the department and with the
125	125	implementation and enforcement of the contract, including direct,
126	126	indirect, and administrative costs. A fee established under this
127	127	subsection is in addition to:
128	128	(1) the registration fee and any optional registration
129	129	fee prescribed by this chapter for the vehicle for which specialty
130	130	license plates are issued;
131	131	(2) any additional fee prescribed by this subchapter
132	132	for the issuance of specialty license plates for that vehicle; and
133	133	(3) any additional fee prescribed by this subchapter
134	134	for the issuance of personalized license plates for that vehicle.
135	135	(e) The portion of a contract with a private vendor
136	136	regarding the marketing and sale of personalized license plates is
137	137	payable only from amounts derived from the collection of the fee
138	138	established under Subsection (b). The portion of a contract with a
139	139	private vendor regarding the marketing, hosting, and sale of
140	140	souvenir license plates, specialty license plates, or souvenir or
141	141	specialty license plates that are personalized under Section
142	142	504.102 is payable only from amounts derived from the collection of
143	143	the fee established under Subsection (c).
144	144	(f) The department may approve new design and color
145	145	combinations for personalized or specialty license plates that are
146	146	marketed and sold by a private vendor under a contract entered into
147	147	with the private vendor. Each approved license plate design and
148	148	color combination remains the property of the department.
149	149	(h) Subject to the limitations provided by Subsections (g)
150	150	and (g-1), the department may disapprove a design, cancel a license
151	151	plate, or require the discontinuation of a license plate design or
152	152	color combination that is marketed, hosted, or [and] sold by a
153	153	private vendor under contract at any time if the department
154	154	determines that the disapproval, cancellation, or discontinuation
155	155	is in the best interest of this state or the motoring public.
156	156	(m) If the private vendor ceases operation:
157	157	(1) the program may be operated temporarily by the
158	158	department under new agreements with the license plate sponsors
159	159	until another vendor is selected and begins operation; and
160	160	(2) the private vendor's share of the revenue is
161	161	deposited to the credit of the general revenue fund.
162	162	SECTION 9. The heading to Section 504.853, Transportation
163	163	Code, is amended to read as follows:
164	164	Sec. 504.853. SPECIALTY AND PERSONALIZED LICENSE PLATES
165	165	ISSUED BEFORE NOVEMBER 19 [SEPTEMBER 1], 2009.
166	166	SECTION 10. Sections 504.853(a), (b), (c), and (e),
167	167	Transportation Code, are amended to read as follows:
168	168	(a) A specialty or personalized license plate issued before
169	169	November 19 [September 1], 2009, may be issued for a subsequent
170	170	registration period only if the applicant submits an application
171	171	and pays the required fee for the applicable registration period. A
172	172	person who is issued a personalized license plate has first
173	173	priority on that license plate for each subsequent registration
174	174	period for which the person submits a new application for that
175	175	plate.
176	176	(b) Unless the board by rule adopts a higher fee or the
177	177	license plate is not renewed annually, the [The] fee for issuance of
178	178	a [personalized] license plate issued before November 19 [September
179	179	1], 2009, is:
180	180	(1) the fee provided for in Section 504.601 for a
181	181	specialty license plate; and
182	182	(2) $40 for a personalized license plate[, unless the
183	183	director adopts by rule a higher fee].
184	184	(c) A person who is issued a specialty or personalized
185	185	license plate by the department before November 19 [September 1],
186	186	2009, may:
187	187	(1) submit an application for the plate under
188	188	Subsection (a) and pay the required fee for each subsequent
189	189	registration period under Subsection (b); or
190	190	(2) purchase through the private vendor a license to
191	191	display the alphanumeric pattern on a license plate for any term
192	192	allowed by law.
193	193	(e) Of each fee collected by the department under Subsection
194	194	(b)(2) [this section]:
195	195	(1) $1.25 shall be used by the department to defray the
196	196	cost of administering this section; and
197	197	(2) the remainder shall be deposited to the credit of
198	198	the general revenue fund.
199	199	SECTION 11. Sections 504.854(a) and (b), Transportation
200	200	Code, are amended to read as follows:
201	201	(a) The board by rule [private vendor] may provide for the
202	202	private vendor to:
203	203	(1) sell at auction a license to display a unique
204	204	alphanumeric pattern on a license plate for a period set by board
205	205	rule;
206	206	(2) reserve an unissued alphanumeric pattern from the
207	207	department for purposes of auctioning a license to display the
208	208	pattern for a period set by board rule; and
209	209	(3) purchase from a customer an unexpired license to
210	210	display an alphanumeric pattern for purposes of auction by the
211	211	vendor.
212	212	(b) A [Only a] license to display an alphanumeric pattern
213	213	purchased under this section [or a license to display an
214	214	alphanumeric pattern sold by the private vendor under Section
215	215	504.853] may be transferred to another person without payment of
216	216	the fee provided by Section 504.855. [The transferee is entitled to
217	217	the same rights and privileges as the transferor.]
218	218	SECTION 12. Subchapter J, Chapter 504, Transportation Code,
219	219	is amended by adding Section 504.855 to read as follows:
220	220	Sec. 504.855. TRANSFERABILITY OF CERTAIN PATTERNS. The
221	221	board by rule may:
222	222	(1) authorize a person who purchases a license to
223	223	display an alphanumeric pattern for a period of five years or more
224	224	to transfer the license; and
225	225	(2) establish a transfer fee to be distributed in
226	226	accordance with the contract with the private vendor.
227	227	SECTION 13. The following provisions of the Transportation
228	228	Code are repealed:
229	229	(1) Section 504.851(k); and
230	230	(2) Section 504.854(c).
231	231	SECTION 14. This Act takes effect September 1, 2011.