By: Paddie, et al. (Senate Sponsor - Paxton) H.B. No. 1711
(In the Senate - Received from the House April 24, 2019;
April 25, 2019, read first time and referred to Committee on
Transportation; May 15, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 1;
May 15, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1711 By: Hancock
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 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;
FUNCTIONALITY. (a) The board by rule shall allow a vehicle
described by Subsection (b) 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) A vehicle registered under Chapter 502 may be equipped
with a digital license plate only if the vehicle:
(1) is part of a commercial fleet, as defined by
Section 502.001;
(2) is owned or operated by a governmental entity; or
(3) is not a passenger vehicle.
(c) 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.
(d) Notwithstanding any other law, rules adopted under this
subchapter:
(1) shall 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) may 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;
(3) shall prohibit a digital license plate provider
from contracting with the department under Subchapter J;
(4) shall authorize the use of a digital license plate
for electronic toll collection or to display a parking permit; and
(5) may 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. 504.155. DIGITAL LICENSE PLATE REQUIREMENTS. (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;
(3) have wireless connectivity capability; and
(4) provide benefits to law enforcement that meet or
exceed the benefits provided by physical license plates as of the
time of enactment of this subchapter and as determined by the
Department of Public Safety.
(c) The Department of Public Safety may test digital license
plates to ensure that the digital license plates comply with the
requirements of Subsection (b).
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 a database 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 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.
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