86R4655 JRR-D
By: Paxton S.B. No. 2076
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 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
digital license plates, processing of vehicle registration and
collection of registration fees, 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 in lieu of a physical
license plate issued under this chapter.
(b) The department may contract with a digital license plate
provider 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 a digital license plate provider to
process vehicle registration transactions on behalf of the
department for vehicles issued digital license plates, including
the renewal of registration of the vehicle, and require the
provider to remit any vehicle registration fees collected to the
department in the manner prescribed by the department;
(2) authorize the display of the vehicle's
registration insignia on each 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;
(3) authorize the owner of a vehicle issued a digital
license plate to pay a prorated monthly registration fee for the
vehicle, to be computed in the manner provided by Section
502.044(c); or
(4) authorize the owner of a vehicle issued a digital
license plate to attach the digital license plate to the rear of the
vehicle in lieu of attaching two physical license plates to the
vehicle.
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 authorized
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) may process vehicle registration transactions for
vehicles issued digital license plates, including the renewal of
registration of the vehicle, and shall remit any vehicle
registration fees collected to the department in the manner
prescribed by the department, if authorized by a rule adopted under
Section 504.154(c)(1);
(5) shall, if a digital license plate displays a
registration insignia as authorized by a rule adopted under Section
504.154(c)(2), 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;
(6) 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;
(7) 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; and
(8) may, at the request of an owner of a vehicle issued
a digital license plate and if authorized by a rule adopted under
Section 504.154(c)(3), enter into an installment payment agreement
with the owner that allows the owner to pay a prorated monthly
registration fee for the vehicle.
Sec. 504.157. LIABILITY FOR REFUSAL TO PROCESS VEHICLE
REGISTRATION. A digital license plate provider authorized to
process vehicle registration transactions under this subchapter is
not liable to any person for refusing to process a vehicle
registration transaction because of the person's failure to provide
verification of the person's compliance with Chapter 548.
Sec. 504.158. 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,
including the number of license plates required to be displayed on
the vehicle, 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,
including the number of digital license plates required to be
displayed on the vehicle, 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.