1 | 1 | | H.B. No. 718 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the issuance of certain tags, permits, and license |
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6 | 6 | | plates authorizing the movement of vehicles and the transfer and |
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7 | 7 | | renewal of certain license plates. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. The heading to Section 152.027, Tax Code, is |
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10 | 10 | | amended to read as follows: |
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11 | 11 | | Sec. 152.027. TAX ON [METAL] DEALER PLATES. |
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12 | 12 | | SECTION 2. Section 152.027(a), Tax Code, is amended to read |
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13 | 13 | | as follows: |
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14 | 14 | | (a) A use tax is imposed on each person to whom is issued a |
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15 | 15 | | [metal] dealer's plate under Section 503.061 or 503.0615, |
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16 | 16 | | [authorized by Chapter 503,] Transportation Code. |
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17 | 17 | | SECTION 3. Section 152.042, Tax Code, is amended to read as |
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18 | 18 | | follows: |
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19 | 19 | | Sec. 152.042. COLLECTION OF TAX ON DEALER'S LICENSE [METAL |
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20 | 20 | | DEALER] PLATES. A person required to pay the tax imposed by Section |
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21 | 21 | | 152.027 shall pay the tax to the Texas Department of Motor Vehicles, |
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22 | 22 | | and the department may not issue the [metal] dealer's license |
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23 | 23 | | plates until the tax is paid. |
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24 | 24 | | SECTION 4. Section 501.022(d), Transportation Code, is |
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25 | 25 | | amended to read as follows: |
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26 | 26 | | (d) Subsection (c) does not apply to a motor vehicle |
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27 | 27 | | operated on a public highway in this state with a [metal] dealer's |
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28 | 28 | | license plate [or a dealer's or buyer's temporary tag] attached to |
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29 | 29 | | the vehicle as provided by Chapter 503. |
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30 | 30 | | SECTION 5. Sections 501.0236(b) and (d), Transportation |
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31 | 31 | | Code, are amended to read as follows: |
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32 | 32 | | (b) A purchaser to whom this section applies may apply for[: |
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33 | 33 | | [(1)] a title in the manner prescribed by the |
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34 | 34 | | department by rule[; and |
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35 | 35 | | [(2) on expiration of the buyer's tag issued to the |
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36 | 36 | | purchaser under Section 503.063, a 30-day permit under Section |
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37 | 37 | | 502.095]. |
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38 | 38 | | (d) The department shall waive the payment of fees for[: |
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39 | 39 | | [(1)] a title issued to a purchaser described by this |
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40 | 40 | | section[,] if the purchaser can show that fees for a title were paid |
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41 | 41 | | to the dealer[; and |
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42 | 42 | | [(2) one 30-day permit issued to a purchaser described |
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43 | 43 | | by this section]. |
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44 | 44 | | SECTION 6. Section 502.095, Transportation Code, is amended |
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45 | 45 | | to read as follows: |
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46 | 46 | | Sec. 502.095. ONE-TRIP OR 30-DAY TRIP LICENSE PLATES |
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47 | 47 | | [PERMITS]. (a) The department may issue a temporary metal license |
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48 | 48 | | plate [permit] in lieu of registration for a vehicle subject to |
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49 | 49 | | registration in this state that is not authorized to travel on a |
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50 | 50 | | public highway because of the lack of registration in this state or |
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51 | 51 | | the lack of reciprocity with the state or country in which the |
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52 | 52 | | vehicle is registered. |
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53 | 53 | | (b) A license plate [permit] issued under this section is |
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54 | 54 | | valid for: |
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55 | 55 | | (1) one trip, as provided by Subsection (c); or |
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56 | 56 | | (2) 30 days, as provided by Subsection (d). |
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57 | 57 | | (c) A one-trip license plate [permit] is valid for one trip |
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58 | 58 | | between the points of origin and destination and those intermediate |
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59 | 59 | | points specified in the application and registration receipt. |
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60 | 60 | | Unless the vehicle is a bus operating under charter that is not |
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61 | 61 | | covered by a reciprocity agreement with the state or country in |
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62 | 62 | | which the bus is registered, a one-trip license plate [permit] is |
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63 | 63 | | for the transit of the vehicle only, and the vehicle may not be used |
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64 | 64 | | for the transportation of any passenger or property. A one-trip |
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65 | 65 | | license plate [permit] may not be valid for longer than 15 days from |
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66 | 66 | | the effective date of registration. |
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67 | 67 | | (d) A 30-day license plate [permit] may be issued only to a |
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68 | 68 | | passenger vehicle, a private bus, a trailer or semitrailer with a |
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69 | 69 | | gross weight of not more than 10,000 pounds, a light truck, or a |
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70 | 70 | | light commercial vehicle with a gross vehicle weight of more than |
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71 | 71 | | 10,000 pounds that will operate unladen. A person may request from |
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72 | 72 | | the department an extension of the period a [obtain multiple] |
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73 | 73 | | 30-day license plate is valid [permits]. The department may issue a |
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74 | 74 | | single registration receipt to apply to all of the periods for which |
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75 | 75 | | the vehicle is registered. |
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76 | 76 | | (e) A person may obtain a license plate [permit] under this |
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77 | 77 | | section by: |
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78 | 78 | | (1) applying as provided by the department to: |
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79 | 79 | | (A) the county assessor-collector of the county |
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80 | 80 | | in which the vehicle will first be operated on a public highway; or |
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81 | 81 | | (B) the department in Austin or at one of the |
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82 | 82 | | department's vehicle title and registration regional offices; |
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83 | 83 | | (2) paying a fee, in the manner prescribed by the |
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84 | 84 | | department including a registration service charge for a credit |
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85 | 85 | | card payment or escrow account of: |
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86 | 86 | | (A) $5 for a one-trip license plate [permit]; or |
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87 | 87 | | (B) $25 for each 30-day license plate [period]; |
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88 | 88 | | and |
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89 | 89 | | (3) furnishing evidence of financial responsibility |
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90 | 90 | | for the vehicle in a form listed under Section 502.046(c). |
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91 | 91 | | (f) The department shall prepare the design and |
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92 | 92 | | specifications of a license plate issued under this section. [A |
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93 | 93 | | registration receipt shall be carried in the vehicle at all times |
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94 | 94 | | during the period in which it is valid.] The license plate |
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95 | 95 | | [temporary tag] must contain all pertinent information required by |
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96 | 96 | | this section and must be displayed as prescribed by department |
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97 | 97 | | rule. [in the rear window of the vehicle so that the tag is clearly |
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98 | 98 | | visible and legible when viewed from the rear of the vehicle. If |
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99 | 99 | | the vehicle does not have a rear window, the temporary tag must be |
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100 | 100 | | attached on or carried in the vehicle to allow ready inspection.] |
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101 | 101 | | The registration receipt must be carried in the vehicle at all times |
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102 | 102 | | during the period in which it is valid. |
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103 | 103 | | (g) The department may refuse and may instruct a county |
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104 | 104 | | assessor-collector to refuse to issue a license plate [temporary |
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105 | 105 | | registration] for any vehicle if, in the department's opinion, the |
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106 | 106 | | vehicle or the owner of the vehicle has been involved in operations |
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107 | 107 | | that constitute an abuse of the privilege granted by this |
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108 | 108 | | section. A license plate [registration] issued after notice to a |
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109 | 109 | | county assessor-collector under this subsection is void. |
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110 | 110 | | (h) A vehicle operated with a license plate under this |
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111 | 111 | | section is exempt from the inspection requirements of Chapter 548. |
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112 | 112 | | SECTION 7. Section 501.147, Transportation Code, is amended |
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113 | 113 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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114 | 114 | | follows: |
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115 | 115 | | (a) On receipt of a written notice of transfer from the |
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116 | 116 | | seller of a motor vehicle or a dealer who holds a general |
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117 | 117 | | distinguishing number issued under Chapter 503, the department |
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118 | 118 | | shall indicate the transfer on the motor vehicle records maintained |
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119 | 119 | | by the department. As an alternative to a written notice of |
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120 | 120 | | transfer, the department shall establish procedures that permit the |
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121 | 121 | | seller of a motor vehicle or a dealer who holds a general |
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122 | 122 | | distinguishing number issued under Chapter 503 to electronically |
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123 | 123 | | submit a notice of transfer to the department through the |
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124 | 124 | | department's Internet website. A notice of transfer provided |
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125 | 125 | | through the department's Internet website is not required to bear |
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126 | 126 | | the signature of the seller or include the date of signing. |
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127 | 127 | | (a-1) On the sale or transfer of a motor vehicle to a dealer |
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128 | 128 | | who holds a general distinguishing number issued under Chapter 503, |
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129 | 129 | | the dealer shall submit the notice of transfer under Subsection |
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130 | 130 | | (a). |
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131 | 131 | | SECTION 8. Section 502.410(b), Transportation Code, is |
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132 | 132 | | amended to read as follows: |
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133 | 133 | | (b) Subsection (a) does not apply to a statement or |
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134 | 134 | | application filed or given under Section 502.060, [502.092,] |
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135 | 135 | | 502.093, 502.094, 502.095, 504.201, 504.202(b-1), 504.508, or |
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136 | 136 | | 504.515. |
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137 | 137 | | SECTION 9. Section 503.008(a), Transportation Code, is |
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138 | 138 | | amended to read as follows: |
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139 | 139 | | (a) The fee for: |
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140 | 140 | | (1) a [metal] dealer's license plate issued under |
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141 | 141 | | Section 503.061 is $20 a year; and |
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142 | 142 | | (2) a dealer's temporary license plate issued under |
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143 | 143 | | Section 503.062 is $10. |
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144 | 144 | | SECTION 10. Sections 503.038(a) and (c), Transportation |
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145 | 145 | | Code, are amended to read as follows: |
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146 | 146 | | (a) The department may cancel a dealer's general |
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147 | 147 | | distinguishing number if the dealer: |
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148 | 148 | | (1) falsifies or forges a title document, including an |
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149 | 149 | | affidavit making application for a certified copy of a title; |
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150 | 150 | | (2) files a false or forged tax document, including a |
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151 | 151 | | sales tax affidavit; |
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152 | 152 | | (3) fails to take assignment of any basic evidence of |
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153 | 153 | | ownership, including a certificate of title or manufacturer's |
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154 | 154 | | certificate, for a vehicle the dealer acquires; |
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155 | 155 | | (4) fails to assign any basic evidence of ownership, |
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156 | 156 | | including a certificate of title or manufacturer's certificate, for |
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157 | 157 | | a vehicle the dealer sells; |
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158 | 158 | | (5) uses or permits the use of a [metal] dealer's |
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159 | 159 | | license plate [or a dealer's temporary tag] on a vehicle that the |
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160 | 160 | | dealer does not own or control or that is not in stock and offered |
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161 | 161 | | for sale; |
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162 | 162 | | (6) makes a material misrepresentation in an |
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163 | 163 | | application or other information filed with the department; |
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164 | 164 | | (7) fails to maintain the qualifications for a general |
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165 | 165 | | distinguishing number; |
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166 | 166 | | (8) fails to provide to the department within 30 days |
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167 | 167 | | after the date of demand by the department satisfactory and |
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168 | 168 | | reasonable evidence that the person is regularly and actively |
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169 | 169 | | engaged in business as a wholesale or retail dealer; |
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170 | 170 | | (9) has been licensed for at least 12 months and has |
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171 | 171 | | not assigned at least five vehicles during the previous 12-month |
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172 | 172 | | period; |
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173 | 173 | | (10) has failed to demonstrate compliance with |
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174 | 174 | | Sections 23.12, 23.121, and 23.122, Tax Code; |
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175 | 175 | | (11) uses or allows the use of the dealer's general |
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176 | 176 | | distinguishing number or the location for which the general |
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177 | 177 | | distinguishing number is issued to avoid the requirements of this |
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178 | 178 | | chapter; or |
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179 | 179 | | (12) [misuses or allows the misuse of a temporary tag |
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180 | 180 | | authorized under this chapter; |
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181 | 181 | | [(13) refuses to show on a buyer's temporary tag the |
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182 | 182 | | date of sale or other reasonable information required by the |
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183 | 183 | | department; or |
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184 | 184 | | [(14)] otherwise violates this chapter or a rule |
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185 | 185 | | adopted under this chapter. |
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186 | 186 | | (c) A person whose general distinguishing number is |
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187 | 187 | | canceled under this chapter shall surrender to a representative of |
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188 | 188 | | the department each license, license plate, [temporary tag,] |
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189 | 189 | | sticker, and receipt issued under this chapter not later than the |
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190 | 190 | | 10th day after the date the general distinguishing number is |
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191 | 191 | | canceled. The department shall direct any peace officer or |
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192 | 192 | | designated department employee to secure and return to the |
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193 | 193 | | department any plate, [tag,] sticker, or receipt of a person who |
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194 | 194 | | does not comply with this subsection. |
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195 | 195 | | SECTION 11. The heading to Subchapter C, Chapter 503, |
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196 | 196 | | Transportation Code, is amended to read as follows: |
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197 | 197 | | SUBCHAPTER C. LICENSE PLATES [AND TAGS] |
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198 | 198 | | SECTION 12. Section 503.061(a), Transportation Code, is |
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199 | 199 | | amended to read as follows: |
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200 | 200 | | (a) Instead of registering under Chapter 502 a vehicle that |
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201 | 201 | | the dealer owns, operates, or permits to be operated on a public |
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202 | 202 | | street or highway, the dealer may apply for, receive, and attach |
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203 | 203 | | [metal] dealer's license plates to the vehicle if it is the type of |
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204 | 204 | | vehicle: |
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205 | 205 | | (1) that the dealer sells; and |
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206 | 206 | | (2) for which the dealer has been issued a general |
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207 | 207 | | distinguishing number. |
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208 | 208 | | SECTION 13. Sections 503.0618(b) and (c), Transportation |
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209 | 209 | | Code, are amended to read as follows: |
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210 | 210 | | (b) Instead of registering under Chapter 502 a vehicle that |
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211 | 211 | | a converter operates or permits to be operated on a public street or |
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212 | 212 | | highway, the converter may apply for, receive, and attach [metal] |
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213 | 213 | | converter's license plates to the vehicle if it is the type of |
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214 | 214 | | vehicle that the converter is engaged in the business of assembling |
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215 | 215 | | or modifying. |
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216 | 216 | | (c) The fee for a [metal] converter's license plate is $20 a |
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217 | 217 | | year. |
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218 | 218 | | SECTION 14. The heading to Section 503.062, Transportation |
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219 | 219 | | Code, is amended to read as follows: |
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220 | 220 | | Sec. 503.062. DEALER'S TEMPORARY LICENSE PLATE [TAGS]. |
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221 | 221 | | SECTION 15. Section 503.062(a), Transportation Code, is |
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222 | 222 | | amended to read as follows: |
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223 | 223 | | (a) A dealer may issue a temporary license plate [tag] for |
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224 | 224 | | use on an unregistered vehicle by the dealer or the dealer's |
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225 | 225 | | employees only to: |
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226 | 226 | | (1) demonstrate or cause to be demonstrated to a |
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227 | 227 | | prospective buyer the vehicle for sale purposes only; |
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228 | 228 | | (2) convey or cause to be conveyed the vehicle: |
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229 | 229 | | (A) from one of the dealer's places of business |
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230 | 230 | | in this state to another of the dealer's places of business in this |
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231 | 231 | | state; |
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232 | 232 | | (B) from the dealer's place of business to a |
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233 | 233 | | place the vehicle is to be repaired, reconditioned, or serviced; |
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234 | 234 | | (C) from the state line or a location in this |
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235 | 235 | | state where the vehicle is unloaded to the dealer's place of |
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236 | 236 | | business; |
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237 | 237 | | (D) from the dealer's place of business to a |
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238 | 238 | | place of business of another dealer; |
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239 | 239 | | (E) from the point of purchase by the dealer to |
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240 | 240 | | the dealer's place of business; or |
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241 | 241 | | (F) to road test the vehicle; or |
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242 | 242 | | (3) use the vehicle for or allow its use by a |
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243 | 243 | | charitable organization. |
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244 | 244 | | SECTION 16. Section 503.063, Transportation Code, is |
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245 | 245 | | amended to read as follows: |
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246 | 246 | | Sec. 503.063. DEALER-ISSUED LICENSE PLATES FOR BUYER |
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247 | 247 | | [BUYER'S TEMPORARY TAGS]. (a) Except as provided by this section, |
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248 | 248 | | a dealer shall issue to a person who buys a vehicle: |
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249 | 249 | | (1) a license plate or set of license plates, if a |
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250 | 250 | | license plate is required by law to be displayed on [one temporary |
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251 | 251 | | buyer's tag for] the vehicle; and |
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252 | 252 | | (2) a completed and signed form required by, as |
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253 | 253 | | applicable, Section 503.0631(c) or (d). |
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254 | 254 | | (b) A license plate or set of license plates issued under |
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255 | 255 | | this section [Except as provided by this section, the buyer's tag] |
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256 | 256 | | is valid for the operation of the vehicle while the registration |
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257 | 257 | | application submitted by the dealer on behalf of the buyer under |
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258 | 258 | | Section 501.0234 is pending [until the earlier of: |
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259 | 259 | | [(1) the date on which the vehicle is registered; or |
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260 | 260 | | [(2) the 60th day after the date of purchase]. |
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261 | 261 | | (c) Except as otherwise provided by this subsection, at the |
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262 | 262 | | time of issuance of a license plate or set of license plates under |
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263 | 263 | | this section, the [The] dealer[: |
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264 | 264 | | [(1) must show in ink on the buyer's tag the actual date |
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265 | 265 | | of sale and any other required information; and |
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266 | 266 | | [(2)] is responsible for displaying the license plate |
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267 | 267 | | or set of license plates in compliance with department rules [tag]. |
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268 | 268 | | If a vehicle is a passenger car or light truck that is not equipped |
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269 | 269 | | by the manufacturer with an exterior front feature to which a |
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270 | 270 | | license plate may be fastened without drilling through the exterior |
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271 | 271 | | of the vehicle, the dealer shall affix the rear license plate in |
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272 | 272 | | compliance with department rules and provide the unmounted |
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273 | 273 | | remaining license plate to the vehicle buyer. |
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274 | 274 | | (d) The dealer is responsible for the safekeeping and |
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275 | 275 | | distribution of each license plate or set of license plates |
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276 | 276 | | [buyer's tag] the dealer obtains from the department. The dealer is |
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277 | 277 | | liable for missing or misused license plates. The department may |
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278 | 278 | | conduct a review of a dealer's compliance with this subsection. |
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279 | 279 | | (e) A dealer shall obtain license plates and sets of license |
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280 | 280 | | plates from the [The] department in the manner provided by |
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281 | 281 | | department rules [may not issue a buyer's tag or contract for the |
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282 | 282 | | issuance of a buyer's tag but shall prescribe: |
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283 | 283 | | [(1) the specifications, color, and form of a buyer's |
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284 | 284 | | tag; and |
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285 | 285 | | [(2) procedures for a dealer to: |
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286 | 286 | | [(A) generate a vehicle-specific number using |
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287 | 287 | | the database developed under Section 503.0631 and assign it to each |
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288 | 288 | | tag; |
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289 | 289 | | [(B) generate a vehicle-specific number using |
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290 | 290 | | the database developed under Section 503.0631 for future use for |
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291 | 291 | | when a dealer is unable to access the Internet at the time of sale; |
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292 | 292 | | and |
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293 | 293 | | [(C) clearly display the vehicle-specific number |
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294 | 294 | | on the tag]. |
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295 | 295 | | (f) The department shall ensure that a dealer may obtain |
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296 | 296 | | [generate] in advance a sufficient amount of license plates or sets |
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297 | 297 | | of license plates [vehicle-specific numbers under Subsection |
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298 | 298 | | (e)(2)(B)] in order to continue selling vehicles without an |
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299 | 299 | | unreasonable disruption of business due to the unavailability of |
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300 | 300 | | license plates [for a period of up to one week in which a dealer is |
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301 | 301 | | unable to access the Internet due to an emergency]. The department |
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302 | 302 | | shall establish an expedited procedure to allow a dealer [affected |
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303 | 303 | | dealers] to obtain [apply for] additional license plates or sets of |
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304 | 304 | | license plates [vehicle-specific numbers] so the dealer [they] may |
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305 | 305 | | remain in business [during an emergency]. |
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306 | 306 | | (g) For each license plate or set of license plates issued |
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307 | 307 | | to a buyer under this section, the [buyer's temporary tag, a] dealer |
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308 | 308 | | shall charge the buyer a registration fee [of not more than $5 as] |
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309 | 309 | | prescribed by the department to be sent to the comptroller for |
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310 | 310 | | deposit to the credit of the Texas Department of Motor Vehicles |
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311 | 311 | | fund. |
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312 | 312 | | (h) A federal, state, or local governmental agency that is |
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313 | 313 | | exempt under Section 503.024 from the requirement to obtain a |
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314 | 314 | | dealer general distinguishing number may issue one license plate or |
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315 | 315 | | set of license plates [temporary buyer's tag] in accordance with |
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316 | 316 | | this section for a vehicle sold or otherwise disposed of by the |
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317 | 317 | | governmental agency under Chapter 2175, Government Code, or other |
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318 | 318 | | law that authorizes the governmental agency to sell or otherwise |
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319 | 319 | | dispose of the vehicle. A governmental agency that issues a license |
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320 | 320 | | plate or set of license plates [temporary buyer's tag] under this |
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321 | 321 | | subsection: |
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322 | 322 | | (1) is subject to the provisions of Section [Sections] |
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323 | 323 | | 503.0631 [and 503.067] applicable to a dealer; and |
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324 | 324 | | (2) is not required to charge the registration fee |
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325 | 325 | | under Subsection (g). |
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326 | 326 | | (i) A vehicle may be issued and display a temporary license |
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327 | 327 | | plate under this section [buyer's tag] without satisfying the |
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328 | 328 | | inspection requirements of Chapter 548 if: |
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329 | 329 | | (1) the buyer of the vehicle is not a resident of this |
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330 | 330 | | state; and |
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331 | 331 | | (2) the vehicle: |
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332 | 332 | | (A) at the time of purchase, is not located or |
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333 | 333 | | required to be titled or registered in this state; |
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334 | 334 | | (B) will be titled and registered in accordance |
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335 | 335 | | with the laws of the buyer's state of residence; and |
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336 | 336 | | (C) will be inspected in accordance with the laws |
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337 | 337 | | of the buyer's state of residence, if the laws of that state require |
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338 | 338 | | inspection. |
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339 | 339 | | (i-1) A temporary license plate issued to a vehicle |
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340 | 340 | | described by Subsection (i) is valid for 60 days. |
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341 | 341 | | (j) A vehicle may be issued and display a license plate or |
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342 | 342 | | set of license plates under this section [buyer's tag] without |
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343 | 343 | | satisfying the inspection requirements of Chapter 548 if the |
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344 | 344 | | vehicle is purchased at public auction in this state and is: |
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345 | 345 | | (1) an antique vehicle as defined by Section |
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346 | 346 | | 683.077(b); or |
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347 | 347 | | (2) a special interest vehicle as defined by Section |
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348 | 348 | | 683.077(b) that: |
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349 | 349 | | (A) is at least 12 years of age; and |
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350 | 350 | | (B) has been the subject of a retail sale. |
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351 | 351 | | (k) A dealer may not issue a license plate or set of license |
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352 | 352 | | plates for a vehicle that is exempt from the payment of registration |
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353 | 353 | | fees under Subchapter J, Chapter 502, until the department approves |
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354 | 354 | | the application for registration of the vehicle. |
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355 | 355 | | SECTION 17. The heading to Section 503.0631, Transportation |
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356 | 356 | | Code, is amended to read as follows: |
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357 | 357 | | Sec. 503.0631. [BUYER'S TEMPORARY TAG] DATABASE OF |
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358 | 358 | | DEALER-ISSUED LICENSE PLATES. |
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359 | 359 | | SECTION 18. Section 503.0631, Transportation Code, is |
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360 | 360 | | amended by amending Subsections (a), (b), (c), and (d) and adding |
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361 | 361 | | Subsections (c-1), (d-1), and (d-2) to read as follows: |
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362 | 362 | | (a) The department shall develop, manage, and maintain a |
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363 | 363 | | secure, real-time database of information on buyers [persons] to |
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364 | 364 | | whom dealers issue a license plate or set of license plates under |
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365 | 365 | | Section 503.063 or 503.065 [temporary buyer's tags are issued] that |
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366 | 366 | | may be used by a law enforcement agency in the same manner that the |
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367 | 367 | | agency uses vehicle registration information. |
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368 | 368 | | (b) The database must allow law enforcement agencies to use |
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369 | 369 | | the information required to be included on a license plate [a |
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370 | 370 | | vehicle-specific number assigned to and displayed on the tag as |
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371 | 371 | | required by Section 503.063(e)(2)] to obtain information about the |
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372 | 372 | | person to whom the license plate [tag] was issued. |
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373 | 373 | | (c) Except as provided by Subsection (d), before a license |
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374 | 374 | | plate or set of license plates issued under Section 503.063 or |
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375 | 375 | | 503.065 [buyer's temporary tag] may be displayed on a vehicle, a |
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376 | 376 | | dealer must, as prescribed by the department: |
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377 | 377 | | (1) enter into the database through the Internet |
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378 | 378 | | information about the buyer of the vehicle for which the license |
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379 | 379 | | plate or set of license plates [tag] was issued; [as prescribed by |
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380 | 380 | | the department] and |
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381 | 381 | | (2) complete and sign a form prescribed by the |
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382 | 382 | | department stating that the dealer entered the buyer's information |
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383 | 383 | | into the database as required by Subdivision (1) [generate a |
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384 | 384 | | vehicle-specific number for the tag as required by Section |
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385 | 385 | | 503.063(e)]. |
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386 | 386 | | (c-1) Except as provided by Section 503.0633(f) |
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387 | 387 | | [506.0632(f)], the department may not deny access to the database |
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388 | 388 | | to any dealer who holds a general distinguishing number issued |
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389 | 389 | | under this chapter or who is licensed under Chapter 2301, |
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390 | 390 | | Occupations Code. |
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391 | 391 | | (d) A dealer shall obtain 24-hour Internet access at its |
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392 | 392 | | place of business, but if the dealer is unable to access the |
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393 | 393 | | Internet at the time of the sale of a vehicle, the dealer shall |
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394 | 394 | | complete and sign a form, as prescribed by the department, that |
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395 | 395 | | states the dealer has Internet access, but was unable to access the |
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396 | 396 | | Internet at the time of sale to enter the buyer's information into |
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397 | 397 | | the database as required by Subsection (c). [The buyer shall keep |
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398 | 398 | | the original copy of the form in the vehicle until the vehicle is |
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399 | 399 | | registered to the buyer.] Not later than the next business day |
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400 | 400 | | after the time of sale, the dealer shall submit the information |
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401 | 401 | | required under Subsection (c). |
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402 | 402 | | (d-1) The forms prescribed by the department under |
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403 | 403 | | Subsections (c) and (d) must contain a notice to the buyer |
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404 | 404 | | describing the procedure by which the vehicle's registration |
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405 | 405 | | insignia will be provided to the buyer. |
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406 | 406 | | (d-2) Until a vehicle displaying a license plate or set of |
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407 | 407 | | license plates issued under Section 503.063 is registered to the |
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408 | 408 | | buyer, the buyer shall keep in the vehicle the original copy of the |
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409 | 409 | | form provided by the dealer as required by, as applicable, |
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410 | 410 | | Subsection (c) or (d). |
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411 | 411 | | SECTION 19. Subchapter C, Chapter 503, Transportation Code, |
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412 | 412 | | is amended by adding Section 503.0633 to read as follows: |
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413 | 413 | | Sec. 503.0633. DEPARTMENT REGULATION OF DEALER-ISSUED |
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414 | 414 | | LICENSE PLATES AND ACCESS TO DATABASE OF DEALER-ISSUED LICENSE |
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415 | 415 | | PLATES. (a) The department by rule may establish the maximum |
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416 | 416 | | number of license plates or sets of license plates that a dealer may |
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417 | 417 | | obtain in a calendar year under Sections 503.063 and 503.065. |
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418 | 418 | | (b) The maximum number of license plates or sets of license |
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419 | 419 | | plates that the department determines a dealer may obtain under |
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420 | 420 | | this section must be based on the dealer's anticipated need for |
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421 | 421 | | license plates and sets of license plates, taking into |
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422 | 422 | | consideration: |
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423 | 423 | | (1) the dealer's: |
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424 | 424 | | (A) time in operation; |
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425 | 425 | | (B) sales data; and |
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426 | 426 | | (C) expected growth; |
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427 | 427 | | (2) expected changes in the dealer's market; |
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428 | 428 | | (3) temporary conditions that may affect sales by the |
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429 | 429 | | dealer; and |
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430 | 430 | | (4) any other information the department considers |
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431 | 431 | | relevant. |
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432 | 432 | | (c) At the request of a dealer, the department may authorize |
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433 | 433 | | additional license plates or sets of license plates for the dealer |
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434 | 434 | | if the dealer demonstrates a need for additional license plates or |
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435 | 435 | | sets of license plates resulting from business operations, |
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436 | 436 | | including anticipated need. |
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437 | 437 | | (d) The department's denial of a request under Subsection |
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438 | 438 | | (c) may be overturned if a dealer shows by a preponderance of the |
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439 | 439 | | evidence the need for additional license plates or sets of license |
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440 | 440 | | plates. |
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441 | 441 | | (e) The department shall monitor the number of license |
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442 | 442 | | plates and sets of license plates obtained by a dealer. |
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443 | 443 | | (f) If the department determines that a dealer is |
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444 | 444 | | fraudulently obtaining license plates or sets of license plates or |
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445 | 445 | | fraudulently using the database of dealer-issued license plates, |
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446 | 446 | | the department may, after giving notice electronically and by |
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447 | 447 | | certified mail to the dealer, deny access to the database of |
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448 | 448 | | dealer-issued license plates to the dealer. A dealer denied access |
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449 | 449 | | to the database of dealer-issued license plates under this |
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450 | 450 | | subsection may request a hearing on the denial as provided by |
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451 | 451 | | Subchapter O, Chapter 2301, Occupations Code. |
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452 | 452 | | SECTION 20. Sections 503.065(a), (b), (c), (d), and (e), |
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453 | 453 | | Transportation Code, are amended to read as follows: |
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454 | 454 | | (a) The department may issue or cause to be issued to a |
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455 | 455 | | person a temporary metal license plate authorizing the person to |
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456 | 456 | | operate a new unregistered vehicle on a public highway of this state |
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457 | 457 | | if the person: |
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458 | 458 | | (1) buys the vehicle from a dealer outside this state |
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459 | 459 | | and intends to drive the vehicle from the dealer's place of |
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460 | 460 | | business; or |
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461 | 461 | | (2) buys the vehicle from a dealer in this state but |
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462 | 462 | | intends to drive the vehicle from the manufacturer's place of |
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463 | 463 | | business outside this state. |
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464 | 464 | | (b) The department may not issue a [temporary] license plate |
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465 | 465 | | under this section to a manufacturer or dealer of a motor vehicle, |
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466 | 466 | | trailer, or semitrailer or to a representative of such a dealer. |
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467 | 467 | | (c) A person may not use a [temporary] license plate issued |
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468 | 468 | | under this section on a vehicle transporting property. |
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469 | 469 | | (d) A [temporary] license plate issued under this section |
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470 | 470 | | expires on [not later than] the 60th [30th] day after the date on |
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471 | 471 | | which it is issued. The department shall place or cause to be |
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472 | 472 | | placed on the license plate at the time of issuance the date of |
---|
473 | 473 | | expiration and the type of vehicle for which the license plate is |
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474 | 474 | | issued. |
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475 | 475 | | (e) The fee for a [temporary] license plate issued under |
---|
476 | 476 | | this section is $3. Only one license plate may be issued for each |
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477 | 477 | | vehicle. |
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478 | 478 | | SECTION 21. Section 503.066(d), Transportation Code, is |
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479 | 479 | | amended to read as follows: |
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480 | 480 | | (d) A [metal] license plate issued under Section 503.061, |
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481 | 481 | | 503.062, or 503.064 [this chapter] expires on the same date as the |
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482 | 482 | | expiration of the license under which it is issued. |
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483 | 483 | | SECTION 22. Subchapter C, Chapter 503, Transportation Code, |
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484 | 484 | | is amended by adding Section 503.0671 to read as follows: |
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485 | 485 | | Sec. 503.0671. UNAUTHORIZED USE OR DISTRIBUTION OF |
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486 | 486 | | DEALER-ISSUED LICENSE PLATE. (a) A person may not operate in |
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487 | 487 | | violation of this chapter or Chapter 502 a vehicle that displays a |
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488 | 488 | | dealer-issued license plate or set of license plates. |
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489 | 489 | | (b) A person may not sell or distribute a dealer-issued |
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490 | 490 | | license plate or set of license plates or an item represented to be |
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491 | 491 | | a dealer-issued license plate or set of license plates unless the |
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492 | 492 | | person is a dealer issuing the license plate or set of license |
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493 | 493 | | plates in connection with the sale of a vehicle. |
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494 | 494 | | SECTION 23. The heading to Section 503.068, Transportation |
---|
495 | 495 | | Code, is amended to read as follows: |
---|
496 | 496 | | Sec. 503.068. LIMITATION ON USE OF DEALER'S LICENSE PLATES |
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497 | 497 | | [AND TAGS]. |
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498 | 498 | | SECTION 24. Sections 503.068(b), (c), and (d), |
---|
499 | 499 | | Transportation Code, are amended to read as follows: |
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500 | 500 | | (b) A person may not use a metal dealer's license plate [or |
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501 | 501 | | dealer's temporary tag] on: |
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502 | 502 | | (1) a service or work vehicle, except as provided by |
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503 | 503 | | Subsection (b-1); or |
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504 | 504 | | (2) a commercial vehicle that is carrying a load. |
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505 | 505 | | (c) For purposes of this section, a boat trailer carrying a |
---|
506 | 506 | | boat is not a commercial vehicle carrying a load. A dealer |
---|
507 | 507 | | complying with this chapter may affix to the rear of a boat trailer |
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508 | 508 | | the dealer owns or sells a metal dealer's license plate issued under |
---|
509 | 509 | | Section 503.061 or a license plate [temporary tag] issued by a |
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510 | 510 | | dealer under Section [503.061, 503.062, or] 503.063 or 503.065. |
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511 | 511 | | (d) This section does not prohibit the operation or |
---|
512 | 512 | | conveyance of an unregistered vehicle using the full-mount method, |
---|
513 | 513 | | saddle-mount method, tow-bar method, or a combination of those |
---|
514 | 514 | | methods in accordance with Section [503.062 or] 503.063. |
---|
515 | 515 | | SECTION 25. The heading to Section 503.069, Transportation |
---|
516 | 516 | | Code, is amended to read as follows: |
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517 | 517 | | Sec. 503.069. DISPLAY OF LICENSE PLATES [AND TAGS]. |
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518 | 518 | | SECTION 26. Section 503.069(a), Transportation Code, is |
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519 | 519 | | amended to read as follows: |
---|
520 | 520 | | (a) A license plate, other than an in-transit license plate, |
---|
521 | 521 | | [or a temporary tag] issued under this chapter shall be displayed in |
---|
522 | 522 | | accordance with commission rules. |
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523 | 523 | | SECTION 27. The heading to Section 504.901, Transportation |
---|
524 | 524 | | Code, is amended to read as follows: |
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525 | 525 | | Sec. 504.901. TRANSFER [AND REMOVAL] OF LICENSE PLATES. |
---|
526 | 526 | | SECTION 28. Section 504.901, Transportation Code, is |
---|
527 | 527 | | amended by amending Subsections (a) and (b) and adding Subsection |
---|
528 | 528 | | (b-1) to read as follows: |
---|
529 | 529 | | (a) On the sale or transfer of a motor vehicle to a dealer |
---|
530 | 530 | | who holds a general distinguishing number issued under Chapter 503, |
---|
531 | 531 | | the dealer shall remove each license plate issued for the motor |
---|
532 | 532 | | vehicle. Each license plate issued for the motor vehicle shall be |
---|
533 | 533 | | assigned to a subsequent purchaser of the motor vehicle at retail |
---|
534 | 534 | | sale as required by Section 503.063. [A person may use the license |
---|
535 | 535 | | plates removed from a motor vehicle on a new motor vehicle purchased |
---|
536 | 536 | | from a dealer after the person obtains the department's approval of |
---|
537 | 537 | | a title and registration application.] |
---|
538 | 538 | | (b) On the sale or transfer of a motor vehicle to a person |
---|
539 | 539 | | who does not hold a general distinguishing number issued under |
---|
540 | 540 | | Chapter 503, [the seller may remove] each license plate issued for |
---|
541 | 541 | | the motor vehicle shall remain with the motor vehicle. [The license |
---|
542 | 542 | | plates may be transferred to another vehicle titled in the seller's |
---|
543 | 543 | | name if the seller obtains: |
---|
544 | 544 | | [(1) the department's approval of an application to |
---|
545 | 545 | | transfer the license plates; and |
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546 | 546 | | [(2) a new registration insignia for the motor |
---|
547 | 547 | | vehicle.] |
---|
548 | 548 | | (b-1) The purchaser of a motor vehicle may request |
---|
549 | 549 | | replacement license plates under Section 504.007. |
---|
550 | 550 | | SECTION 29. Subchapter A, Chapter 520, Transportation Code, |
---|
551 | 551 | | is amended by adding Section 520.0055 to read as follows: |
---|
552 | 552 | | Sec. 520.0055. DUTIES OF MOTOR VEHICLE DEALERS. A motor |
---|
553 | 553 | | vehicle dealer shall use the electronic system designed by the |
---|
554 | 554 | | department and made available by a county assessor-collector under |
---|
555 | 555 | | Section 520.005 to submit a title and registration application in |
---|
556 | 556 | | the name of the purchaser of a motor vehicle. |
---|
557 | 557 | | SECTION 30. Section 548.052, Transportation Code, is |
---|
558 | 558 | | amended to read as follows: |
---|
559 | 559 | | Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This |
---|
560 | 560 | | chapter does not apply to: |
---|
561 | 561 | | (1) a trailer, semitrailer, pole trailer, or mobile |
---|
562 | 562 | | home moving under or bearing a current factory-delivery license |
---|
563 | 563 | | plate or current in-transit license plate; |
---|
564 | 564 | | (2) a vehicle moving under or bearing a [paper dealer |
---|
565 | 565 | | in-transit tag,] machinery license, disaster license, parade |
---|
566 | 566 | | license, prorate tab, one-trip permit, vehicle temporary transit |
---|
567 | 567 | | permit, antique license, custom vehicle license, street rod |
---|
568 | 568 | | license, temporary 24-hour permit, or permit license; |
---|
569 | 569 | | (3) a trailer, semitrailer, pole trailer, or mobile |
---|
570 | 570 | | home having an actual gross weight or registered gross weight of |
---|
571 | 571 | | 7,500 pounds or less; |
---|
572 | 572 | | (4) farm machinery, road-building equipment, a farm |
---|
573 | 573 | | trailer, or a vehicle required to display a slow-moving-vehicle |
---|
574 | 574 | | emblem under Section 547.703; |
---|
575 | 575 | | (5) a former military vehicle, as defined by Section |
---|
576 | 576 | | 504.502; |
---|
577 | 577 | | (6) a vehicle qualified for a tax exemption under |
---|
578 | 578 | | Section 152.092, Tax Code; or |
---|
579 | 579 | | (7) a vehicle for which a certificate of title has been |
---|
580 | 580 | | issued but that is not required to be registered, including an |
---|
581 | 581 | | off-highway vehicle registered under Section 502.140(c). |
---|
582 | 582 | | SECTION 31. Section 601.002(12), Transportation Code, is |
---|
583 | 583 | | amended to read as follows: |
---|
584 | 584 | | (12) "Vehicle registration" means: |
---|
585 | 585 | | (A) a registration certificate, registration |
---|
586 | 586 | | receipt, or number plate issued under Chapter 502; or |
---|
587 | 587 | | (B) a dealer's license plate [or temporary tag] |
---|
588 | 588 | | issued under Chapter 503. |
---|
589 | 589 | | SECTION 32. The following provisions of the Transportation |
---|
590 | 590 | | Code are repealed: |
---|
591 | 591 | | (1) Section 502.092; |
---|
592 | 592 | | (2) Section 502.477; |
---|
593 | 593 | | (3) Section 503.062(d); |
---|
594 | 594 | | (4) Section 503.0625; |
---|
595 | 595 | | (5) Section 503.0626; |
---|
596 | 596 | | (6) Section 503.0632; |
---|
597 | 597 | | (7) Section 503.067; |
---|
598 | 598 | | (8) Section 503.068(a); |
---|
599 | 599 | | (9) Section 503.094(d); and |
---|
600 | 600 | | (10) Sections 504.901(c), (d), and (e). |
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601 | 601 | | SECTION 33. The changes in law made by this Act apply only |
---|
602 | 602 | | to an offense committed on or after July 1, 2025. An offense |
---|
603 | 603 | | committed before July 1, 2025, is governed by the law in effect on |
---|
604 | 604 | | the date the offense was committed, and the former law is continued |
---|
605 | 605 | | in effect for that purpose. For purposes of this section, an |
---|
606 | 606 | | offense was committed before July 1, 2025, if any element of the |
---|
607 | 607 | | offense was committed before that date. |
---|
608 | 608 | | SECTION 34. The Texas Department of Motor Vehicles may |
---|
609 | 609 | | adopt rules necessary to implement or administer the changes in law |
---|
610 | 610 | | made by this Act. Rules adopted under this section must be adopted |
---|
611 | 611 | | not later than December 1, 2024. |
---|
612 | 612 | | SECTION 35. To the extent of any conflict, this Act prevails |
---|
613 | 613 | | over another Act of the 88th Legislature, Regular Session, 2023, |
---|
614 | 614 | | relating to nonsubstantive additions to and corrections in enacted |
---|
615 | 615 | | codes. |
---|
616 | 616 | | SECTION 36. This Act takes effect July 1, 2025. |
---|
617 | 617 | | ______________________________ ______________________________ |
---|
618 | 618 | | President of the Senate Speaker of the House |
---|
619 | 619 | | I certify that H.B. No. 718 was passed by the House on May 2, |
---|
620 | 620 | | 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
---|
621 | 621 | | voting; and that the House concurred in Senate amendments to H.B. |
---|
622 | 622 | | No. 718 on May 26, 2023, by the following vote: Yeas 137, Nays 0, 1 |
---|
623 | 623 | | present, not voting. |
---|
624 | 624 | | ______________________________ |
---|
625 | 625 | | Chief Clerk of the House |
---|
626 | 626 | | I certify that H.B. No. 718 was passed by the Senate, with |
---|
627 | 627 | | amendments, on May 24, 2023, by the following vote: Yeas 29, Nays |
---|
628 | 628 | | 2. |
---|
629 | 629 | | ______________________________ |
---|
630 | 630 | | Secretary of the Senate |
---|
631 | 631 | | APPROVED: __________________ |
---|
632 | 632 | | Date |
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633 | 633 | | __________________ |
---|
634 | 634 | | Governor |
---|