Texas 2019 - 86th Regular

Texas Senate Bill SB2076 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4655 JRR-D
2	2	By: Paxton S.B. No. 2076
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of digital license plates; authorizing a
8	8	fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 504, Transportation Code, is amended by
11	11	adding Subchapter B-1 to read as follows:
12	12	SUBCHAPTER B-1. DIGITAL LICENSE PLATES
13	13	Sec. 504.151. DEFINITIONS. In this subchapter:
14	14	(1) "Digital license plate" means an electronic
15	15	display that is designed to:
16	16	(A) display the information required to be
17	17	included on a physical license plate; and
18	18	(B) be placed on a vehicle registered under
19	19	Chapter 502 in lieu of a physical license plate issued under this
20	20	chapter.
21	21	(2) "Digital license plate provider" means a person
22	22	engaged in the business of providing digital license plate hardware
23	23	and services to vehicle owners, including the sale or lease of
24	24	digital license plates, processing of vehicle registration and
25	25	collection of registration fees, and issuance of digital license
26	26	plates.
27	27	Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as
28	28	otherwise provided by this subchapter or a rule adopted under this
29	29	subchapter, a digital license plate issued under this subchapter is
30	30	subject to the laws of this state applicable to a physical license
31	31	plate.
32	32	Sec. 504.153. RULES. The board shall adopt rules as
33	33	necessary to implement and administer this subchapter.
34	34	Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED. (a) The
35	35	board by rule shall allow a vehicle registered under Chapter 502 to
36	36	be equipped with a digital license plate in lieu of a physical
37	37	license plate issued under this chapter.
38	38	(b) The department may contract with a digital license plate
39	39	provider for the issuance of digital license plates, including any
40	40	services related to the issuance of digital license plates.
41	41	(c) Notwithstanding any other law, a rule adopted under this
42	42	subchapter may:
43	43	(1) authorize a digital license plate provider to
44	44	process vehicle registration transactions on behalf of the
45	45	department for vehicles issued digital license plates, including
46	46	the renewal of registration of the vehicle, and require the
47	47	provider to remit any vehicle registration fees collected to the
48	48	department in the manner prescribed by the department;
49	49	(2) authorize the display of the vehicle's
50	50	registration insignia on each digital license plate issued for the
51	51	vehicle in lieu of attaching the registration insignia to the
52	52	inside of the vehicle's windshield as required by Section 502.059;
53	53	(3) authorize the owner of a vehicle issued a digital
54	54	license plate to pay a prorated monthly registration fee for the
55	55	vehicle, to be computed in the manner provided by Section
56	56	502.044(c); or
57	57	(4) authorize the owner of a vehicle issued a digital
58	58	license plate to attach the digital license plate to the rear of the
59	59	vehicle in lieu of attaching two physical license plates to the
60	60	vehicle.
61	61	Sec. 504.155. DIGITAL LICENSE PLATES REQUIREMENTS AND
62	62	PERMISSIVE FUNCTIONALITY. (a) The board by rule shall set the
63	63	specifications and requirements for digital license plates,
64	64	including requirements for the placement of digital license plates.
65	65	The design of and information displayed on a digital license plate
66	66	must be approved by the department.
67	67	(b) A digital license plate issued under this subchapter
68	68	must:
69	69	(1) meet the specifications and requirements adopted
70	70	under Subsection (a);
71	71	(2) include the information required to be included on
72	72	a physical license plate and legibly display that information at
73	73	all times and in all light conditions, provided that the license
74	74	plate may display the information in a smaller typeface when the
75	75	vehicle is parked; and
76	76	(3) have wireless connectivity capability.
77	77	(c) The department shall consult with law enforcement
78	78	agencies when considering whether to approve the design of a
79	79	digital license plate.
80	80	(d) A rule adopted under this subchapter may:
81	81	(1) authorize the use of a digital license plate for
82	82	electronic toll collection or to display a parking permit; or
83	83	(2) establish procedures for displaying on a digital
84	84	license plate:
85	85	(A) an emergency alert or other public safety
86	86	alert issued by a governmental entity, including an alert
87	87	authorized under Subchapter L, M, or P, Chapter 411, Government
88	88	Code;
89	89	(B) vehicle manufacturer safety recall notices;
90	90	(C) static logo displays, including unique
91	91	displays for fleet vehicles; or
92	92	(D) advertising approved by the department.
93	93	Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND
94	94	DUTIES. A digital license plate provider with whom the department
95	95	contracts under Section 504.154:
96	96	(1) shall maintain an inventory of the digital license
97	97	plates issued by the provider in this state;
98	98	(2) shall make available a digital version of each
99	99	specialty license plate authorized by this chapter, other than
100	100	personalized license plates authorized for marketing and sale under
101	101	Subchapter J, provided that:
102	102	(A) each issuance of a specialty license plate
103	103	with restricted distribution, including a license plate authorized
104	104	under Subchapter C, D, E, or F, must be approved by the department;
105	105	and
106	106	(B) the provider shall remit to the department in
107	107	the manner prescribed by the department all money:
108	108	(i) payable to the department; or
109	109	(ii) required to be used or deposited in the
110	110	manner prescribed by the law establishing the license plate;
111	111	(3) may contract with the private vendor authorized
112	112	under Subchapter J to make available a digital version of a
113	113	personalized license plate authorized for marketing and sale under
114	114	that subchapter, provided that the contract shall conform with any
115	115	applicable requirements of Subchapter J and the terms of the
116	116	private vendor's contract with the department;
117	117	(4) may process vehicle registration transactions for
118	118	vehicles issued digital license plates, including the renewal of
119	119	registration of the vehicle, and shall remit any vehicle
120	120	registration fees collected to the department in the manner
121	121	prescribed by the department, if authorized by a rule adopted under
122	122	Section 504.154(c)(1);
123	123	(5) shall, if a digital license plate displays a
124	124	registration insignia as authorized by a rule adopted under Section
125	125	504.154(c)(2), promptly update the display of the registration
126	126	insignia to reflect the current registration period for the vehicle
127	127	and, on request of the department, suspend the display of the
128	128	registration insignia or indicate on the license plate that the
129	129	registration insignia for the vehicle is expired;
130	130	(6) may provide any service related to the issuance of
131	131	a digital license plate that is authorized by board rule, including
132	132	the sale, lease, and installation of and customer service for a
133	133	digital license plate;
134	134	(7) may charge a fee, payable in installments, for the
135	135	issuance of a digital license plate or any additional services
136	136	provided by the provider for that license plate; and
137	137	(8) may, at the request of an owner of a vehicle issued
138	138	a digital license plate and if authorized by a rule adopted under
139	139	Section 504.154(c)(3), enter into an installment payment agreement
140	140	with the owner that allows the owner to pay a prorated monthly
141	141	registration fee for the vehicle.
142	142	Sec. 504.157. LIABILITY FOR REFUSAL TO PROCESS VEHICLE
143	143	REGISTRATION. A digital license plate provider authorized to
144	144	process vehicle registration transactions under this subchapter is
145	145	not liable to any person for refusing to process a vehicle
146	146	registration transaction because of the person's failure to provide
147	147	verification of the person's compliance with Chapter 548.
148	148	Sec. 504.158. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES.
149	149	It is a defense to prosecution of an offense involving the operation
150	150	of a motor vehicle and relating to the placement of a license plate,
151	151	including the number of license plates required to be displayed on
152	152	the vehicle, or the display of a registration insignia that the
153	153	vehicle was operated in compliance with rules issued under this
154	154	subchapter governing the placement of a digital license plate,
155	155	including the number of digital license plates required to be
156	156	displayed on the vehicle, or the display of a registration insignia
157	157	on a digital license plate, as applicable.
158	158	SECTION 2. Not later than December 31, 2019, the board of
159	159	the Texas Department of Motor Vehicles shall adopt the rules
160	160	required by Subchapter B-1, Chapter 504, Transportation Code, as
161	161	added by this Act, and any other rules necessary to implement and
162	162	administer that subchapter.
163	163	SECTION 3. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2019.