Texas 2023 - 88th Regular

Texas House Bill HB718 Compare Versions

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11 H.B. No. 718
22
33
44 AN ACT
55 relating to the issuance of certain tags, permits, and license
66 plates authorizing the movement of vehicles and the transfer and
77 renewal of certain license plates.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. The heading to Section 152.027, Tax Code, is
1010 amended to read as follows:
1111 Sec. 152.027. TAX ON [METAL] DEALER PLATES.
1212 SECTION 2. Section 152.027(a), Tax Code, is amended to read
1313 as follows:
1414 (a) A use tax is imposed on each person to whom is issued a
1515 [metal] dealer's plate under Section 503.061 or 503.0615,
1616 [authorized by Chapter 503,] Transportation Code.
1717 SECTION 3. Section 152.042, Tax Code, is amended to read as
1818 follows:
1919 Sec. 152.042. COLLECTION OF TAX ON DEALER'S LICENSE [METAL
2020 DEALER] PLATES. A person required to pay the tax imposed by Section
2121 152.027 shall pay the tax to the Texas Department of Motor Vehicles,
2222 and the department may not issue the [metal] dealer's license
2323 plates until the tax is paid.
2424 SECTION 4. Section 501.022(d), Transportation Code, is
2525 amended to read as follows:
2626 (d) Subsection (c) does not apply to a motor vehicle
2727 operated on a public highway in this state with a [metal] dealer's
2828 license plate [or a dealer's or buyer's temporary tag] attached to
2929 the vehicle as provided by Chapter 503.
3030 SECTION 5. Sections 501.0236(b) and (d), Transportation
3131 Code, are amended to read as follows:
3232 (b) A purchaser to whom this section applies may apply for[:
3333 [(1)] a title in the manner prescribed by the
3434 department by rule[; and
3535 [(2) on expiration of the buyer's tag issued to the
3636 purchaser under Section 503.063, a 30-day permit under Section
3737 502.095].
3838 (d) The department shall waive the payment of fees for[:
3939 [(1)] a title issued to a purchaser described by this
4040 section[,] if the purchaser can show that fees for a title were paid
4141 to the dealer[; and
4242 [(2) one 30-day permit issued to a purchaser described
4343 by this section].
4444 SECTION 6. Section 502.095, Transportation Code, is amended
4545 to read as follows:
4646 Sec. 502.095. ONE-TRIP OR 30-DAY TRIP LICENSE PLATES
4747 [PERMITS]. (a) The department may issue a temporary metal license
4848 plate [permit] in lieu of registration for a vehicle subject to
4949 registration in this state that is not authorized to travel on a
5050 public highway because of the lack of registration in this state or
5151 the lack of reciprocity with the state or country in which the
5252 vehicle is registered.
5353 (b) A license plate [permit] issued under this section is
5454 valid for:
5555 (1) one trip, as provided by Subsection (c); or
5656 (2) 30 days, as provided by Subsection (d).
5757 (c) A one-trip license plate [permit] is valid for one trip
5858 between the points of origin and destination and those intermediate
5959 points specified in the application and registration receipt.
6060 Unless the vehicle is a bus operating under charter that is not
6161 covered by a reciprocity agreement with the state or country in
6262 which the bus is registered, a one-trip license plate [permit] is
6363 for the transit of the vehicle only, and the vehicle may not be used
6464 for the transportation of any passenger or property. A one-trip
6565 license plate [permit] may not be valid for longer than 15 days from
6666 the effective date of registration.
6767 (d) A 30-day license plate [permit] may be issued only to a
6868 passenger vehicle, a private bus, a trailer or semitrailer with a
6969 gross weight of not more than 10,000 pounds, a light truck, or a
7070 light commercial vehicle with a gross vehicle weight of more than
7171 10,000 pounds that will operate unladen. A person may request from
7272 the department an extension of the period a [obtain multiple]
7373 30-day license plate is valid [permits]. The department may issue a
7474 single registration receipt to apply to all of the periods for which
7575 the vehicle is registered.
7676 (e) A person may obtain a license plate [permit] under this
7777 section by:
7878 (1) applying as provided by the department to:
7979 (A) the county assessor-collector of the county
8080 in which the vehicle will first be operated on a public highway; or
8181 (B) the department in Austin or at one of the
8282 department's vehicle title and registration regional offices;
8383 (2) paying a fee, in the manner prescribed by the
8484 department including a registration service charge for a credit
8585 card payment or escrow account of:
8686 (A) $5 for a one-trip license plate [permit]; or
8787 (B) $25 for each 30-day license plate [period];
8888 and
8989 (3) furnishing evidence of financial responsibility
9090 for the vehicle in a form listed under Section 502.046(c).
9191 (f) The department shall prepare the design and
9292 specifications of a license plate issued under this section. [A
9393 registration receipt shall be carried in the vehicle at all times
9494 during the period in which it is valid.] The license plate
9595 [temporary tag] must contain all pertinent information required by
9696 this section and must be displayed as prescribed by department
9797 rule. [in the rear window of the vehicle so that the tag is clearly
9898 visible and legible when viewed from the rear of the vehicle. If
9999 the vehicle does not have a rear window, the temporary tag must be
100100 attached on or carried in the vehicle to allow ready inspection.]
101101 The registration receipt must be carried in the vehicle at all times
102102 during the period in which it is valid.
103103 (g) The department may refuse and may instruct a county
104104 assessor-collector to refuse to issue a license plate [temporary
105105 registration] for any vehicle if, in the department's opinion, the
106106 vehicle or the owner of the vehicle has been involved in operations
107107 that constitute an abuse of the privilege granted by this
108108 section. A license plate [registration] issued after notice to a
109109 county assessor-collector under this subsection is void.
110110 (h) A vehicle operated with a license plate under this
111111 section is exempt from the inspection requirements of Chapter 548.
112112 SECTION 7. Section 501.147, Transportation Code, is amended
113113 by amending Subsection (a) and adding Subsection (a-1) to read as
114114 follows:
115115 (a) On receipt of a written notice of transfer from the
116116 seller of a motor vehicle or a dealer who holds a general
117117 distinguishing number issued under Chapter 503, the department
118118 shall indicate the transfer on the motor vehicle records maintained
119119 by the department. As an alternative to a written notice of
120120 transfer, the department shall establish procedures that permit the
121121 seller of a motor vehicle or a dealer who holds a general
122122 distinguishing number issued under Chapter 503 to electronically
123123 submit a notice of transfer to the department through the
124124 department's Internet website. A notice of transfer provided
125125 through the department's Internet website is not required to bear
126126 the signature of the seller or include the date of signing.
127127 (a-1) On the sale or transfer of a motor vehicle to a dealer
128128 who holds a general distinguishing number issued under Chapter 503,
129129 the dealer shall submit the notice of transfer under Subsection
130130 (a).
131131 SECTION 8. Section 502.410(b), Transportation Code, is
132132 amended to read as follows:
133133 (b) Subsection (a) does not apply to a statement or
134134 application filed or given under Section 502.060, [502.092,]
135135 502.093, 502.094, 502.095, 504.201, 504.202(b-1), 504.508, or
136136 504.515.
137137 SECTION 9. Section 503.008(a), Transportation Code, is
138138 amended to read as follows:
139139 (a) The fee for:
140140 (1) a [metal] dealer's license plate issued under
141141 Section 503.061 is $20 a year; and
142142 (2) a dealer's temporary license plate issued under
143143 Section 503.062 is $10.
144144 SECTION 10. Sections 503.038(a) and (c), Transportation
145145 Code, are amended to read as follows:
146146 (a) The department may cancel a dealer's general
147147 distinguishing number if the dealer:
148148 (1) falsifies or forges a title document, including an
149149 affidavit making application for a certified copy of a title;
150150 (2) files a false or forged tax document, including a
151151 sales tax affidavit;
152152 (3) fails to take assignment of any basic evidence of
153153 ownership, including a certificate of title or manufacturer's
154154 certificate, for a vehicle the dealer acquires;
155155 (4) fails to assign any basic evidence of ownership,
156156 including a certificate of title or manufacturer's certificate, for
157157 a vehicle the dealer sells;
158158 (5) uses or permits the use of a [metal] dealer's
159159 license plate [or a dealer's temporary tag] on a vehicle that the
160160 dealer does not own or control or that is not in stock and offered
161161 for sale;
162162 (6) makes a material misrepresentation in an
163163 application or other information filed with the department;
164164 (7) fails to maintain the qualifications for a general
165165 distinguishing number;
166166 (8) fails to provide to the department within 30 days
167167 after the date of demand by the department satisfactory and
168168 reasonable evidence that the person is regularly and actively
169169 engaged in business as a wholesale or retail dealer;
170170 (9) has been licensed for at least 12 months and has
171171 not assigned at least five vehicles during the previous 12-month
172172 period;
173173 (10) has failed to demonstrate compliance with
174174 Sections 23.12, 23.121, and 23.122, Tax Code;
175175 (11) uses or allows the use of the dealer's general
176176 distinguishing number or the location for which the general
177177 distinguishing number is issued to avoid the requirements of this
178178 chapter; or
179179 (12) [misuses or allows the misuse of a temporary tag
180180 authorized under this chapter;
181181 [(13) refuses to show on a buyer's temporary tag the
182182 date of sale or other reasonable information required by the
183183 department; or
184184 [(14)] otherwise violates this chapter or a rule
185185 adopted under this chapter.
186186 (c) A person whose general distinguishing number is
187187 canceled under this chapter shall surrender to a representative of
188188 the department each license, license plate, [temporary tag,]
189189 sticker, and receipt issued under this chapter not later than the
190190 10th day after the date the general distinguishing number is
191191 canceled. The department shall direct any peace officer or
192192 designated department employee to secure and return to the
193193 department any plate, [tag,] sticker, or receipt of a person who
194194 does not comply with this subsection.
195195 SECTION 11. The heading to Subchapter C, Chapter 503,
196196 Transportation Code, is amended to read as follows:
197197 SUBCHAPTER C. LICENSE PLATES [AND TAGS]
198198 SECTION 12. Section 503.061(a), Transportation Code, is
199199 amended to read as follows:
200200 (a) Instead of registering under Chapter 502 a vehicle that
201201 the dealer owns, operates, or permits to be operated on a public
202202 street or highway, the dealer may apply for, receive, and attach
203203 [metal] dealer's license plates to the vehicle if it is the type of
204204 vehicle:
205205 (1) that the dealer sells; and
206206 (2) for which the dealer has been issued a general
207207 distinguishing number.
208208 SECTION 13. Sections 503.0618(b) and (c), Transportation
209209 Code, are amended to read as follows:
210210 (b) Instead of registering under Chapter 502 a vehicle that
211211 a converter operates or permits to be operated on a public street or
212212 highway, the converter may apply for, receive, and attach [metal]
213213 converter's license plates to the vehicle if it is the type of
214214 vehicle that the converter is engaged in the business of assembling
215215 or modifying.
216216 (c) The fee for a [metal] converter's license plate is $20 a
217217 year.
218218 SECTION 14. The heading to Section 503.062, Transportation
219219 Code, is amended to read as follows:
220220 Sec. 503.062. DEALER'S TEMPORARY LICENSE PLATE [TAGS].
221221 SECTION 15. Section 503.062(a), Transportation Code, is
222222 amended to read as follows:
223223 (a) A dealer may issue a temporary license plate [tag] for
224224 use on an unregistered vehicle by the dealer or the dealer's
225225 employees only to:
226226 (1) demonstrate or cause to be demonstrated to a
227227 prospective buyer the vehicle for sale purposes only;
228228 (2) convey or cause to be conveyed the vehicle:
229229 (A) from one of the dealer's places of business
230230 in this state to another of the dealer's places of business in this
231231 state;
232232 (B) from the dealer's place of business to a
233233 place the vehicle is to be repaired, reconditioned, or serviced;
234234 (C) from the state line or a location in this
235235 state where the vehicle is unloaded to the dealer's place of
236236 business;
237237 (D) from the dealer's place of business to a
238238 place of business of another dealer;
239239 (E) from the point of purchase by the dealer to
240240 the dealer's place of business; or
241241 (F) to road test the vehicle; or
242242 (3) use the vehicle for or allow its use by a
243243 charitable organization.
244244 SECTION 16. Section 503.063, Transportation Code, is
245245 amended to read as follows:
246246 Sec. 503.063. DEALER-ISSUED LICENSE PLATES FOR BUYER
247247 [BUYER'S TEMPORARY TAGS]. (a) Except as provided by this section,
248248 a dealer shall issue to a person who buys a vehicle:
249249 (1) a license plate or set of license plates, if a
250250 license plate is required by law to be displayed on [one temporary
251251 buyer's tag for] the vehicle; and
252252 (2) a completed and signed form required by, as
253253 applicable, Section 503.0631(c) or (d).
254254 (b) A license plate or set of license plates issued under
255255 this section [Except as provided by this section, the buyer's tag]
256256 is valid for the operation of the vehicle while the registration
257257 application submitted by the dealer on behalf of the buyer under
258258 Section 501.0234 is pending [until the earlier of:
259259 [(1) the date on which the vehicle is registered; or
260260 [(2) the 60th day after the date of purchase].
261261 (c) Except as otherwise provided by this subsection, at the
262262 time of issuance of a license plate or set of license plates under
263263 this section, the [The] dealer[:
264264 [(1) must show in ink on the buyer's tag the actual date
265265 of sale and any other required information; and
266266 [(2)] is responsible for displaying the license plate
267267 or set of license plates in compliance with department rules [tag].
268268 If a vehicle is a passenger car or light truck that is not equipped
269269 by the manufacturer with an exterior front feature to which a
270270 license plate may be fastened without drilling through the exterior
271271 of the vehicle, the dealer shall affix the rear license plate in
272272 compliance with department rules and provide the unmounted
273273 remaining license plate to the vehicle buyer.
274274 (d) The dealer is responsible for the safekeeping and
275275 distribution of each license plate or set of license plates
276276 [buyer's tag] the dealer obtains from the department. The dealer is
277277 liable for missing or misused license plates. The department may
278278 conduct a review of a dealer's compliance with this subsection.
279279 (e) A dealer shall obtain license plates and sets of license
280280 plates from the [The] department in the manner provided by
281281 department rules [may not issue a buyer's tag or contract for the
282282 issuance of a buyer's tag but shall prescribe:
283283 [(1) the specifications, color, and form of a buyer's
284284 tag; and
285285 [(2) procedures for a dealer to:
286286 [(A) generate a vehicle-specific number using
287287 the database developed under Section 503.0631 and assign it to each
288288 tag;
289289 [(B) generate a vehicle-specific number using
290290 the database developed under Section 503.0631 for future use for
291291 when a dealer is unable to access the Internet at the time of sale;
292292 and
293293 [(C) clearly display the vehicle-specific number
294294 on the tag].
295295 (f) The department shall ensure that a dealer may obtain
296296 [generate] in advance a sufficient amount of license plates or sets
297297 of license plates [vehicle-specific numbers under Subsection
298298 (e)(2)(B)] in order to continue selling vehicles without an
299299 unreasonable disruption of business due to the unavailability of
300300 license plates [for a period of up to one week in which a dealer is
301301 unable to access the Internet due to an emergency]. The department
302302 shall establish an expedited procedure to allow a dealer [affected
303303 dealers] to obtain [apply for] additional license plates or sets of
304304 license plates [vehicle-specific numbers] so the dealer [they] may
305305 remain in business [during an emergency].
306306 (g) For each license plate or set of license plates issued
307307 to a buyer under this section, the [buyer's temporary tag, a] dealer
308308 shall charge the buyer a registration fee [of not more than $5 as]
309309 prescribed by the department to be sent to the comptroller for
310310 deposit to the credit of the Texas Department of Motor Vehicles
311311 fund.
312312 (h) A federal, state, or local governmental agency that is
313313 exempt under Section 503.024 from the requirement to obtain a
314314 dealer general distinguishing number may issue one license plate or
315315 set of license plates [temporary buyer's tag] in accordance with
316316 this section for a vehicle sold or otherwise disposed of by the
317317 governmental agency under Chapter 2175, Government Code, or other
318318 law that authorizes the governmental agency to sell or otherwise
319319 dispose of the vehicle. A governmental agency that issues a license
320320 plate or set of license plates [temporary buyer's tag] under this
321321 subsection:
322322 (1) is subject to the provisions of Section [Sections]
323323 503.0631 [and 503.067] applicable to a dealer; and
324324 (2) is not required to charge the registration fee
325325 under Subsection (g).
326326 (i) A vehicle may be issued and display a temporary license
327327 plate under this section [buyer's tag] without satisfying the
328328 inspection requirements of Chapter 548 if:
329329 (1) the buyer of the vehicle is not a resident of this
330330 state; and
331331 (2) the vehicle:
332332 (A) at the time of purchase, is not located or
333333 required to be titled or registered in this state;
334334 (B) will be titled and registered in accordance
335335 with the laws of the buyer's state of residence; and
336336 (C) will be inspected in accordance with the laws
337337 of the buyer's state of residence, if the laws of that state require
338338 inspection.
339339 (i-1) A temporary license plate issued to a vehicle
340340 described by Subsection (i) is valid for 60 days.
341341 (j) A vehicle may be issued and display a license plate or
342342 set of license plates under this section [buyer's tag] without
343343 satisfying the inspection requirements of Chapter 548 if the
344344 vehicle is purchased at public auction in this state and is:
345345 (1) an antique vehicle as defined by Section
346346 683.077(b); or
347347 (2) a special interest vehicle as defined by Section
348348 683.077(b) that:
349349 (A) is at least 12 years of age; and
350350 (B) has been the subject of a retail sale.
351351 (k) A dealer may not issue a license plate or set of license
352352 plates for a vehicle that is exempt from the payment of registration
353353 fees under Subchapter J, Chapter 502, until the department approves
354354 the application for registration of the vehicle.
355355 SECTION 17. The heading to Section 503.0631, Transportation
356356 Code, is amended to read as follows:
357357 Sec. 503.0631. [BUYER'S TEMPORARY TAG] DATABASE OF
358358 DEALER-ISSUED LICENSE PLATES.
359359 SECTION 18. Section 503.0631, Transportation Code, is
360360 amended by amending Subsections (a), (b), (c), and (d) and adding
361361 Subsections (c-1), (d-1), and (d-2) to read as follows:
362362 (a) The department shall develop, manage, and maintain a
363363 secure, real-time database of information on buyers [persons] to
364364 whom dealers issue a license plate or set of license plates under
365365 Section 503.063 or 503.065 [temporary buyer's tags are issued] that
366366 may be used by a law enforcement agency in the same manner that the
367367 agency uses vehicle registration information.
368368 (b) The database must allow law enforcement agencies to use
369369 the information required to be included on a license plate [a
370370 vehicle-specific number assigned to and displayed on the tag as
371371 required by Section 503.063(e)(2)] to obtain information about the
372372 person to whom the license plate [tag] was issued.
373373 (c) Except as provided by Subsection (d), before a license
374374 plate or set of license plates issued under Section 503.063 or
375375 503.065 [buyer's temporary tag] may be displayed on a vehicle, a
376376 dealer must, as prescribed by the department:
377377 (1) enter into the database through the Internet
378378 information about the buyer of the vehicle for which the license
379379 plate or set of license plates [tag] was issued; [as prescribed by
380380 the department] and
381381 (2) complete and sign a form prescribed by the
382382 department stating that the dealer entered the buyer's information
383383 into the database as required by Subdivision (1) [generate a
384384 vehicle-specific number for the tag as required by Section
385385 503.063(e)].
386386 (c-1) Except as provided by Section 503.0633(f)
387387 [506.0632(f)], the department may not deny access to the database
388388 to any dealer who holds a general distinguishing number issued
389389 under this chapter or who is licensed under Chapter 2301,
390390 Occupations Code.
391391 (d) A dealer shall obtain 24-hour Internet access at its
392392 place of business, but if the dealer is unable to access the
393393 Internet at the time of the sale of a vehicle, the dealer shall
394394 complete and sign a form, as prescribed by the department, that
395395 states the dealer has Internet access, but was unable to access the
396396 Internet at the time of sale to enter the buyer's information into
397397 the database as required by Subsection (c). [The buyer shall keep
398398 the original copy of the form in the vehicle until the vehicle is
399399 registered to the buyer.] Not later than the next business day
400400 after the time of sale, the dealer shall submit the information
401401 required under Subsection (c).
402402 (d-1) The forms prescribed by the department under
403403 Subsections (c) and (d) must contain a notice to the buyer
404404 describing the procedure by which the vehicle's registration
405405 insignia will be provided to the buyer.
406406 (d-2) Until a vehicle displaying a license plate or set of
407407 license plates issued under Section 503.063 is registered to the
408408 buyer, the buyer shall keep in the vehicle the original copy of the
409409 form provided by the dealer as required by, as applicable,
410410 Subsection (c) or (d).
411411 SECTION 19. Subchapter C, Chapter 503, Transportation Code,
412412 is amended by adding Section 503.0633 to read as follows:
413413 Sec. 503.0633. DEPARTMENT REGULATION OF DEALER-ISSUED
414414 LICENSE PLATES AND ACCESS TO DATABASE OF DEALER-ISSUED LICENSE
415415 PLATES. (a) The department by rule may establish the maximum
416416 number of license plates or sets of license plates that a dealer may
417417 obtain in a calendar year under Sections 503.063 and 503.065.
418418 (b) The maximum number of license plates or sets of license
419419 plates that the department determines a dealer may obtain under
420420 this section must be based on the dealer's anticipated need for
421421 license plates and sets of license plates, taking into
422422 consideration:
423423 (1) the dealer's:
424424 (A) time in operation;
425425 (B) sales data; and
426426 (C) expected growth;
427427 (2) expected changes in the dealer's market;
428428 (3) temporary conditions that may affect sales by the
429429 dealer; and
430430 (4) any other information the department considers
431431 relevant.
432432 (c) At the request of a dealer, the department may authorize
433433 additional license plates or sets of license plates for the dealer
434434 if the dealer demonstrates a need for additional license plates or
435435 sets of license plates resulting from business operations,
436436 including anticipated need.
437437 (d) The department's denial of a request under Subsection
438438 (c) may be overturned if a dealer shows by a preponderance of the
439439 evidence the need for additional license plates or sets of license
440440 plates.
441441 (e) The department shall monitor the number of license
442442 plates and sets of license plates obtained by a dealer.
443443 (f) If the department determines that a dealer is
444444 fraudulently obtaining license plates or sets of license plates or
445445 fraudulently using the database of dealer-issued license plates,
446446 the department may, after giving notice electronically and by
447447 certified mail to the dealer, deny access to the database of
448448 dealer-issued license plates to the dealer. A dealer denied access
449449 to the database of dealer-issued license plates under this
450450 subsection may request a hearing on the denial as provided by
451451 Subchapter O, Chapter 2301, Occupations Code.
452452 SECTION 20. Sections 503.065(a), (b), (c), (d), and (e),
453453 Transportation Code, are amended to read as follows:
454454 (a) The department may issue or cause to be issued to a
455455 person a temporary metal license plate authorizing the person to
456456 operate a new unregistered vehicle on a public highway of this state
457457 if the person:
458458 (1) buys the vehicle from a dealer outside this state
459459 and intends to drive the vehicle from the dealer's place of
460460 business; or
461461 (2) buys the vehicle from a dealer in this state but
462462 intends to drive the vehicle from the manufacturer's place of
463463 business outside this state.
464464 (b) The department may not issue a [temporary] license plate
465465 under this section to a manufacturer or dealer of a motor vehicle,
466466 trailer, or semitrailer or to a representative of such a dealer.
467467 (c) A person may not use a [temporary] license plate issued
468468 under this section on a vehicle transporting property.
469469 (d) A [temporary] license plate issued under this section
470470 expires on [not later than] the 60th [30th] day after the date on
471471 which it is issued. The department shall place or cause to be
472472 placed on the license plate at the time of issuance the date of
473473 expiration and the type of vehicle for which the license plate is
474474 issued.
475475 (e) The fee for a [temporary] license plate issued under
476476 this section is $3. Only one license plate may be issued for each
477477 vehicle.
478478 SECTION 21. Section 503.066(d), Transportation Code, is
479479 amended to read as follows:
480480 (d) A [metal] license plate issued under Section 503.061,
481481 503.062, or 503.064 [this chapter] expires on the same date as the
482482 expiration of the license under which it is issued.
483483 SECTION 22. Subchapter C, Chapter 503, Transportation Code,
484484 is amended by adding Section 503.0671 to read as follows:
485485 Sec. 503.0671. UNAUTHORIZED USE OR DISTRIBUTION OF
486486 DEALER-ISSUED LICENSE PLATE. (a) A person may not operate in
487487 violation of this chapter or Chapter 502 a vehicle that displays a
488488 dealer-issued license plate or set of license plates.
489489 (b) A person may not sell or distribute a dealer-issued
490490 license plate or set of license plates or an item represented to be
491491 a dealer-issued license plate or set of license plates unless the
492492 person is a dealer issuing the license plate or set of license
493493 plates in connection with the sale of a vehicle.
494494 SECTION 23. The heading to Section 503.068, Transportation
495495 Code, is amended to read as follows:
496496 Sec. 503.068. LIMITATION ON USE OF DEALER'S LICENSE PLATES
497497 [AND TAGS].
498498 SECTION 24. Sections 503.068(b), (c), and (d),
499499 Transportation Code, are amended to read as follows:
500500 (b) A person may not use a metal dealer's license plate [or
501501 dealer's temporary tag] on:
502502 (1) a service or work vehicle, except as provided by
503503 Subsection (b-1); or
504504 (2) a commercial vehicle that is carrying a load.
505505 (c) For purposes of this section, a boat trailer carrying a
506506 boat is not a commercial vehicle carrying a load. A dealer
507507 complying with this chapter may affix to the rear of a boat trailer
508508 the dealer owns or sells a metal dealer's license plate issued under
509509 Section 503.061 or a license plate [temporary tag] issued by a
510510 dealer under Section [503.061, 503.062, or] 503.063 or 503.065.
511511 (d) This section does not prohibit the operation or
512512 conveyance of an unregistered vehicle using the full-mount method,
513513 saddle-mount method, tow-bar method, or a combination of those
514514 methods in accordance with Section [503.062 or] 503.063.
515515 SECTION 25. The heading to Section 503.069, Transportation
516516 Code, is amended to read as follows:
517517 Sec. 503.069. DISPLAY OF LICENSE PLATES [AND TAGS].
518518 SECTION 26. Section 503.069(a), Transportation Code, is
519519 amended to read as follows:
520520 (a) A license plate, other than an in-transit license plate,
521521 [or a temporary tag] issued under this chapter shall be displayed in
522522 accordance with commission rules.
523523 SECTION 27. The heading to Section 504.901, Transportation
524524 Code, is amended to read as follows:
525525 Sec. 504.901. TRANSFER [AND REMOVAL] OF LICENSE PLATES.
526526 SECTION 28. Section 504.901, Transportation Code, is
527527 amended by amending Subsections (a) and (b) and adding Subsection
528528 (b-1) to read as follows:
529529 (a) On the sale or transfer of a motor vehicle to a dealer
530530 who holds a general distinguishing number issued under Chapter 503,
531531 the dealer shall remove each license plate issued for the motor
532532 vehicle. Each license plate issued for the motor vehicle shall be
533533 assigned to a subsequent purchaser of the motor vehicle at retail
534534 sale as required by Section 503.063. [A person may use the license
535535 plates removed from a motor vehicle on a new motor vehicle purchased
536536 from a dealer after the person obtains the department's approval of
537537 a title and registration application.]
538538 (b) On the sale or transfer of a motor vehicle to a person
539539 who does not hold a general distinguishing number issued under
540540 Chapter 503, [the seller may remove] each license plate issued for
541541 the motor vehicle shall remain with the motor vehicle. [The license
542542 plates may be transferred to another vehicle titled in the seller's
543543 name if the seller obtains:
544544 [(1) the department's approval of an application to
545545 transfer the license plates; and
546546 [(2) a new registration insignia for the motor
547547 vehicle.]
548548 (b-1) The purchaser of a motor vehicle may request
549549 replacement license plates under Section 504.007.
550550 SECTION 29. Subchapter A, Chapter 520, Transportation Code,
551551 is amended by adding Section 520.0055 to read as follows:
552552 Sec. 520.0055. DUTIES OF MOTOR VEHICLE DEALERS. A motor
553553 vehicle dealer shall use the electronic system designed by the
554554 department and made available by a county assessor-collector under
555555 Section 520.005 to submit a title and registration application in
556556 the name of the purchaser of a motor vehicle.
557557 SECTION 30. Section 548.052, Transportation Code, is
558558 amended to read as follows:
559559 Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
560560 chapter does not apply to:
561561 (1) a trailer, semitrailer, pole trailer, or mobile
562562 home moving under or bearing a current factory-delivery license
563563 plate or current in-transit license plate;
564564 (2) a vehicle moving under or bearing a [paper dealer
565565 in-transit tag,] machinery license, disaster license, parade
566566 license, prorate tab, one-trip permit, vehicle temporary transit
567567 permit, antique license, custom vehicle license, street rod
568568 license, temporary 24-hour permit, or permit license;
569569 (3) a trailer, semitrailer, pole trailer, or mobile
570570 home having an actual gross weight or registered gross weight of
571571 7,500 pounds or less;
572572 (4) farm machinery, road-building equipment, a farm
573573 trailer, or a vehicle required to display a slow-moving-vehicle
574574 emblem under Section 547.703;
575575 (5) a former military vehicle, as defined by Section
576576 504.502;
577577 (6) a vehicle qualified for a tax exemption under
578578 Section 152.092, Tax Code; or
579579 (7) a vehicle for which a certificate of title has been
580580 issued but that is not required to be registered, including an
581581 off-highway vehicle registered under Section 502.140(c).
582582 SECTION 31. Section 601.002(12), Transportation Code, is
583583 amended to read as follows:
584584 (12) "Vehicle registration" means:
585585 (A) a registration certificate, registration
586586 receipt, or number plate issued under Chapter 502; or
587587 (B) a dealer's license plate [or temporary tag]
588588 issued under Chapter 503.
589589 SECTION 32. The following provisions of the Transportation
590590 Code are repealed:
591591 (1) Section 502.092;
592592 (2) Section 502.477;
593593 (3) Section 503.062(d);
594594 (4) Section 503.0625;
595595 (5) Section 503.0626;
596596 (6) Section 503.0632;
597597 (7) Section 503.067;
598598 (8) Section 503.068(a);
599599 (9) Section 503.094(d); and
600600 (10) Sections 504.901(c), (d), and (e).
601601 SECTION 33. The changes in law made by this Act apply only
602602 to an offense committed on or after July 1, 2025. An offense
603603 committed before July 1, 2025, is governed by the law in effect on
604604 the date the offense was committed, and the former law is continued
605605 in effect for that purpose. For purposes of this section, an
606606 offense was committed before July 1, 2025, if any element of the
607607 offense was committed before that date.
608608 SECTION 34. The Texas Department of Motor Vehicles may
609609 adopt rules necessary to implement or administer the changes in law
610610 made by this Act. Rules adopted under this section must be adopted
611611 not later than December 1, 2024.
612612 SECTION 35. To the extent of any conflict, this Act prevails
613613 over another Act of the 88th Legislature, Regular Session, 2023,
614614 relating to nonsubstantive additions to and corrections in enacted
615615 codes.
616616 SECTION 36. This Act takes effect July 1, 2025.
617617 ______________________________ ______________________________
618618 President of the Senate Speaker of the House
619619 I certify that H.B. No. 718 was passed by the House on May 2,
620620 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
621621 voting; and that the House concurred in Senate amendments to H.B.
622622 No. 718 on May 26, 2023, by the following vote: Yeas 137, Nays 0, 1
623623 present, not voting.
624624 ______________________________
625625 Chief Clerk of the House
626626 I certify that H.B. No. 718 was passed by the Senate, with
627627 amendments, on May 24, 2023, by the following vote: Yeas 29, Nays
628628 2.
629629 ______________________________
630630 Secretary of the Senate
631631 APPROVED: __________________
632632 Date
633633 __________________
634634 Governor