Texas 2019 - 86th Regular

Texas House Bill HB1711 Compare Versions

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Version 2 (New)

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1		-	By: Paddie, et al. (Senate Sponsor - Paxton) H.B. No. 1711
2		-	(In the Senate - Received from the House April 24, 2019;
3		-	April 25, 2019, read first time and referred to Committee on
4		-	Transportation; May 15, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 6, Nays 1;
6		-	May 15, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 1711 By: Hancock
	1	+	By: Paddie, Canales, Nevárez, Landgraf H.B. No. 1711
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the issuance of digital license plates; authorizing a
14	7		fee.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Chapter 504, Transportation Code, is amended by
17	10		adding Subchapter B-1 to read as follows:
18	11		SUBCHAPTER B-1. DIGITAL LICENSE PLATES
19	12		Sec. 504.151. DEFINITIONS. In this subchapter:
20	13		(1) "Digital license plate" means an electronic
21	14		display that is designed to:
22	15		(A) display the information required to be
23	16		included on a physical license plate; and
24		-	(B) be placed on the rear of a vehicle in lieu of
25		-	a physical license plate issued under this chapter.
	17	+	(B) be placed on the rear of a vehicle registered
	18	+	under Chapter 502 in lieu of a physical license plate issued under
	19	+	this chapter.
26	20		(2) "Digital license plate provider" means a person
27	21		engaged in the business of providing digital license plate hardware
28	22		and services to vehicle owners, including the sale or lease of and
29	23		issuance of digital license plates.
30	24		Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as
31	25		otherwise provided by this subchapter or a rule adopted under this
32	26		subchapter, a digital license plate issued under this subchapter is
33	27		subject to the laws of this state applicable to a physical license
34	28		plate.
35	29		Sec. 504.153. RULES. The board shall adopt rules as
36	30		necessary to implement and administer this subchapter.
37		-	Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED;
38		-	FUNCTIONALITY. (a) The board by rule shall allow a vehicle
39		-	described by Subsection (b) to be equipped with a digital license
40		-	plate that is placed on the rear of the vehicle in lieu of a physical
41		-	license plate issued under this chapter. The rule must require the
42		-	owner of a vehicle issued a digital license plate to obtain a
43		-	physical license plate to be placed on the front of the vehicle
44		-	unless the vehicle is of a class of vehicles that is not required to
45		-	display two license plates, as provided by other law.
46		-	(b) A vehicle registered under Chapter 502 may be equipped
47		-	with a digital license plate only if the vehicle:
48		-	(1) is part of a commercial fleet, as defined by
49		-	Section 502.001;
50		-	(2) is owned or operated by a governmental entity; or
51		-	(3) is not a passenger vehicle.
52		-	(c) The department may contract with digital license plate
	31	+	Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The
	32	+	board by rule shall allow a vehicle registered under Chapter 502 to
	33	+	be equipped with a digital license plate that is placed on the rear
	34	+	of the vehicle in lieu of a physical license plate issued under this
	35	+	chapter. The rule must require the owner of a vehicle issued a
	36	+	digital license plate to obtain a physical license plate to be
	37	+	placed on the front of the vehicle unless the vehicle is of a class
	38	+	of vehicles that is not required to display two license plates, as
	39	+	provided by other law.
	40	+	(b) The department may contract with digital license plate
53	41		providers for the issuance of digital license plates, including any
54	42		services related to the issuance of digital license plates.
55		-	(d) Notwithstanding any other law, ~~rules~~ adopted under this
56		-	subchapter:
57		-	(1) ~~shall~~ authorize the display of the vehicle's
	43	+	(c) Notwithstanding any other law, a rule adopted under this
	44	+	subchapter may:
	45	+	(1) authorize the display of the vehicle's
58	46		registration insignia on a digital license plate issued for the
59	47		vehicle in lieu of attaching the registration insignia to the
60	48		inside of the vehicle's windshield as required by Section 502.059;
61		-	(2) ~~may~~ establish a fee in an amount necessary to cover
62		-	~~any~~ administrative costs incurred that relate to the issuance of a
	49	+	(2) establish a fee in an amount necessary to cover any
	50	+	administrative costs incurred that relate to the issuance of a
63	51		digital license plate and exceed the administrative costs incurred
64		-	for the issuance of a physical license plate;
65		-	(3) shall prohibit a digital license plate provider
66		-	from contracting with the department under Subchapter J;
67		-	(4) shall authorize the use of a digital license plate
68		-	for electronic toll collection or to display a parking permit; and
69		-	(5) may establish procedures for displaying on a
70		-	digital license plate:
	52	+	for the issuance of a physical license plate; or
	53	+	(3) prohibit a digital license plate provider from
	54	+	contracting with the department under Subchapter J.
	55	+	Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND
	56	+	PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the
	57	+	specifications and requirements for digital license plates,
	58	+	including requirements for the placement of digital license plates.
	59	+	The design of and information displayed on a digital license plate
	60	+	must be approved by the department.
	61	+	(b) A digital license plate issued under this subchapter
	62	+	must:
	63	+	(1) meet the specifications and requirements adopted
	64	+	under Subsection (a);
	65	+	(2) include the information required to be included on
	66	+	a physical license plate and legibly display that information at
	67	+	all times and in all light conditions, provided that the license
	68	+	plate may display the information in a smaller typeface when the
	69	+	vehicle is parked; and
	70	+	(3) have wireless connectivity capability.
	71	+	(c) In adopting rules under Subsection (a), the board shall
	72	+	consult with the Department of Public Safety. Except as otherwise
	73	+	provided by this subsection and Section 2001.036, Government Code,
	74	+	a rule adopted under Subsection (a) takes effect on the 31st day
	75	+	after the date on which the rule is filed in the office of the
	76	+	secretary of state. A rule adopted under Subsection (a) does not
	77	+	take effect if, not later than the 30th day after the date on which
	78	+	the rule is filed in the office of the secretary of state, the
	79	+	public safety director of the Department of Public Safety submits
	80	+	to the office of the secretary of state written notification
	81	+	invalidating the rule.
	82	+	(d) A rule adopted under this subchapter may:
	83	+	(1) authorize the use of a digital license plate for
	84	+	electronic toll collection or to display a parking permit; or
	85	+	(2) establish procedures for displaying on a digital
	86	+	license plate:
71	87		(A) an emergency alert or other public safety
72	88		alert issued by a governmental entity, including an alert
73	89		authorized under Subchapter L, M, or P, Chapter 411, Government
74	90		Code;
75	91		(B) vehicle manufacturer safety recall notices;
76	92		(C) static logo displays, including unique
77	93		displays for fleet vehicles; or
78	94		(D) advertising approved by the department.
79		-	Sec. 504.155. DIGITAL LICENSE PLATE REQUIREMENTS. (a) The
80		-	board by rule shall set the specifications and requirements for
81		-	digital license plates, including requirements for the placement of
82		-	digital license plates. The design of and information displayed on
83		-	a digital license plate must be approved by the department.
84		-	(b) A digital license plate issued under this subchapter
85		-	must:
86		-	(1) meet the specifications and requirements adopted
87		-	under Subsection (a);
88		-	(2) include the information required to be included on
89		-	a physical license plate and legibly display that information at
90		-	all times and in all light conditions, provided that the license
91		-	plate may display the information in a smaller typeface when the
92		-	vehicle is parked;
93		-	(3) have wireless connectivity capability; and
94		-	(4) provide benefits to law enforcement that meet or
95		-	exceed the benefits provided by physical license plates as of the
96		-	time of enactment of this subchapter and as determined by the
97		-	Department of Public Safety.
98		-	(c) The Department of Public Safety may test digital license
99		-	plates to ensure that the digital license plates comply with the
100		-	requirements of Subsection (b).
101	95		Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND
102	96		DUTIES. A digital license plate provider with whom the department
103	97		contracts under Section 504.154:
104		-	(1) shall maintain ~~a database~~ of the digital license
	98	+	(1) shall maintain an inventory of the digital license
105	99		plates issued by the provider in this state;
106	100		(2) shall make available a digital version of each
107	101		specialty license plate authorized by this chapter, other than
108	102		personalized license plates authorized for marketing and sale under
109	103		Subchapter J, provided that:
110	104		(A) each issuance of a specialty license plate
111	105		with restricted distribution, including a license plate authorized
112	106		under Subchapter C, D, E, or F, must be approved by the department;
113	107		and
114	108		(B) the provider shall remit to the department in
115	109		the manner prescribed by the department all money:
116	110		(i) payable to the department; or
117	111		(ii) required to be used or deposited in the
118	112		manner prescribed by the law establishing the license plate;
119	113		(3) may contract with the private vendor under
120	114		Subchapter J to make available a digital version of a personalized
121	115		license plate authorized for marketing and sale under that
122	116		subchapter, provided that the contract shall conform with any
123	117		applicable requirements of Subchapter J and the terms of the
124	118		private vendor's contract with the department;
125		-	(4) shall promptly update the display of the
126		-	registration insignia to reflect the current registration period
127		-	for the vehicle and, on request of the department, suspend the
128		-	display of the registration insignia or indicate on the license
129		-	plate that the registration insignia for the vehicle is expired;
	119	+	(4) shall, if a digital license plate displays a
	120	+	registration insignia as authorized by a rule adopted under Section
	121	+	504.154(c)(1), promptly update the display of the registration
	122	+	insignia to reflect the current registration period for the vehicle
	123	+	and, on request of the department, suspend the display of the
	124	+	registration insignia or indicate on the license plate that the
	125	+	registration insignia for the vehicle is expired;
130	126		(5) may provide any service related to the issuance of
131	127		a digital license plate that is authorized by board rule, including
132	128		the sale, lease, and installation of and customer service for a
133	129		digital license plate; and
134	130		(6) may charge a fee, payable in installments, for the
135	131		issuance of a digital license plate or any additional services
136	132		provided by the provider for that license plate.
137	133		Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES.
138	134		It is a defense to prosecution of an offense involving the operation
139	135		of a motor vehicle and relating to the placement of a license plate
140	136		or the display of a registration insignia that the vehicle was
141	137		operated in compliance with rules issued under this subchapter
142	138		governing the placement of a digital license plate or the display of
143	139		a registration insignia on a digital license plate, as applicable.
144	140		SECTION 2. Not later than December 31, 2019, the board of
145	141		the Texas Department of Motor Vehicles shall adopt the rules
146	142		required by Subchapter B-1, Chapter 504, Transportation Code, as
147	143		added by this Act, and any other rules necessary to implement and
148	144		administer that subchapter.
149	145		SECTION 3. This Act takes effect immediately if it receives
150	146		a vote of two-thirds of all the members elected to each house, as
151	147		provided by Section 39, Article III, Texas Constitution. If this
152	148		Act does not receive the vote necessary for immediate effect, this
153	149		Act takes effect September 1, 2019.
154		-	* * * * *