86R15634 JRR-D
By: Paddie, Canales, Nevárez, Landgraf H.B. No. 1711
Substitute the following for H.B. No. 1711:
By: Landgraf C.S.H.B. No. 1711
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of digital license plates; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 504, Transportation Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. DIGITAL LICENSE PLATES
Sec. 504.151. DEFINITIONS. In this subchapter:
(1) "Digital license plate" means an electronic
display that is designed to:
(A) display the information required to be
included on a physical license plate; and
(B) be placed on the rear of a vehicle registered
under Chapter 502 in lieu of a physical license plate issued under
this chapter.
(2) "Digital license plate provider" means a person
engaged in the business of providing digital license plate hardware
and services to vehicle owners, including the sale or lease of and
issuance of digital license plates.
Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this subchapter or a rule adopted under this
subchapter, a digital license plate issued under this subchapter is
subject to the laws of this state applicable to a physical license
plate.
Sec. 504.153. RULES. The board shall adopt rules as
necessary to implement and administer this subchapter.
Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The
board by rule shall allow a vehicle registered under Chapter 502 to
be equipped with a digital license plate that is placed on the rear
of the vehicle in lieu of a physical license plate issued under this
chapter. The rule must require the owner of a vehicle issued a
digital license plate to obtain a physical license plate to be
placed on the front of the vehicle unless the vehicle is of a class
of vehicles that is not required to display two license plates, as
provided by other law.
(b) The department may contract with digital license plate
providers for the issuance of digital license plates, including any
services related to the issuance of digital license plates.
(c) Notwithstanding any other law, a rule adopted under this
subchapter may:
(1) authorize the display of the vehicle's
registration insignia on a digital license plate issued for the
vehicle in lieu of attaching the registration insignia to the
inside of the vehicle's windshield as required by Section 502.059;
(2) establish a fee in an amount necessary to cover any
administrative costs incurred that relate to the issuance of a
digital license plate and exceed the administrative costs incurred
for the issuance of a physical license plate; or
(3) prohibit a digital license plate provider from
contracting with the department under Subchapter J.
Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND
PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the
specifications and requirements for digital license plates,
including requirements for the placement of digital license plates.
The design of and information displayed on a digital license plate
must be approved by the department.
(b) A digital license plate issued under this subchapter
must:
(1) meet the specifications and requirements adopted
under Subsection (a);
(2) include the information required to be included on
a physical license plate and legibly display that information at
all times and in all light conditions, provided that the license
plate may display the information in a smaller typeface when the
vehicle is parked; and
(3) have wireless connectivity capability.
(c) The department shall consult with law enforcement
agencies when considering whether to approve the design of a
digital license plate.
(d) A rule adopted under this subchapter may:
(1) authorize the use of a digital license plate for
electronic toll collection or to display a parking permit; or
(2) establish procedures for displaying on a digital
license plate:
(A) an emergency alert or other public safety
alert issued by a governmental entity, including an alert
authorized under Subchapter L, M, or P, Chapter 411, Government
Code;
(B) vehicle manufacturer safety recall notices;
(C) static logo displays, including unique
displays for fleet vehicles; or
(D) advertising approved by the department.
Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND
DUTIES. A digital license plate provider with whom the department
contracts under Section 504.154:
(1) shall maintain an inventory of the digital license
plates issued by the provider in this state;
(2) shall make available a digital version of each
specialty license plate authorized by this chapter, other than
personalized license plates authorized for marketing and sale under
Subchapter J, provided that:
(A) each issuance of a specialty license plate
with restricted distribution, including a license plate authorized
under Subchapter C, D, E, or F, must be approved by the department;
and
(B) the provider shall remit to the department in
the manner prescribed by the department all money:
(i) payable to the department; or
(ii) required to be used or deposited in the
manner prescribed by the law establishing the license plate;
(3) may contract with the private vendor under
Subchapter J to make available a digital version of a personalized
license plate authorized for marketing and sale under that
subchapter, provided that the contract shall conform with any
applicable requirements of Subchapter J and the terms of the
private vendor's contract with the department;
(4) shall, if a digital license plate displays a
registration insignia as authorized by a rule adopted under Section
504.154(c)(1), promptly update the display of the registration
insignia to reflect the current registration period for the vehicle
and, on request of the department, suspend the display of the
registration insignia or indicate on the license plate that the
registration insignia for the vehicle is expired;
(5) may provide any service related to the issuance of
a digital license plate that is authorized by board rule, including
the sale, lease, and installation of and customer service for a
digital license plate; and
(6) may charge a fee, payable in installments, for the
issuance of a digital license plate or any additional services
provided by the provider for that license plate.
Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES.
It is a defense to prosecution of an offense involving the operation
of a motor vehicle and relating to the placement of a license plate
or the display of a registration insignia that the vehicle was
operated in compliance with rules issued under this subchapter
governing the placement of a digital license plate or the display of
a registration insignia on a digital license plate, as applicable.
SECTION 2. Not later than December 31, 2019, the board of
the Texas Department of Motor Vehicles shall adopt the rules
required by Subchapter B-1, Chapter 504, Transportation Code, as
added by this Act, and any other rules necessary to implement and
administer that subchapter.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.