By: Eckhardt, et al. S.B. No. 1182
(Lujan)
A BILL TO BE ENTITLED
AN ACT
relating to motor vehicle registration and license plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 502.094, Transportation
Code, is amended to read as follows:
Sec. 502.094. 72- OR 144-HOUR TEMPORARY REGISTRATION
PERMITS.
SECTION 2. Section 502.094, Transportation Code, is amended
by amending Subsections (a), (b), (c), (e), (f), (g), and (h) and
adding Subsection (i) to read as follows:
(a) The department may issue a temporary registration
permit [in lieu of registration] for a commercial motor vehicle,
trailer, semitrailer, or motor bus that:
(1) is owned by a resident of the United States,
Canada, or the United Mexican States;
(2) is subject to registration in this state; and
(3) is not authorized to travel on a public highway
because of the lack of registration in this state or the lack of
reciprocity with the state or province in which the vehicle is
registered.
(b) A temporary registration permit issued under this
section is valid for the period stated on the permit, effective from
the date and time shown on the receipt issued as evidence of
registration under this section.
(c) A person may obtain a temporary registration permit
under this section by:
(1) applying to the county assessor-collector or the
department;
(2) paying a fee of $25 for a 72-hour temporary
registration permit or $50 for a 144-hour temporary registration
permit in the manner prescribed by the department that may include a
service charge for a credit card payment or escrow account;
(3) furnishing to the county assessor-collector or the
department evidence of financial responsibility for the vehicle
that complies with Sections 502.046(c) and 601.168(a); and
(4) submitting a copy of the applicable federal
declaration form required by the Federal Motor Carrier Safety
Administration or its successor in connection with the importation
of a motor vehicle or motor vehicle equipment subject to the federal
motor vehicle safety, bumper, and theft prevention standards.
(e) A vehicle issued a temporary registration permit under
this section is subject to Subchapters B and F, Chapter 548, unless
the vehicle:
(1) is registered in another state of the United
States, in a province of Canada, or in a state of the United Mexican
States; or
(2) is mobile drilling or servicing equipment used in
the production of gas, crude petroleum, or oil, including a mobile
crane or hoisting equipment, mobile lift equipment, forklift, or
tug.
(f) A commercial motor vehicle, trailer, semitrailer, or
motor bus apprehended for violating a registration law of this
state:
(1) may not be issued a temporary registration permit
under this section; and
(2) is immediately subject to registration in this
state.
(g) A person who operates a commercial motor vehicle,
trailer, or semitrailer with an expired temporary registration
permit issued under this section is considered to be operating an
unregistered vehicle subject to each penalty prescribed by law.
(h) The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles fund for the prepayment of
a 72-hour [permit] or [a] 144-hour temporary registration permit.
Any fee established by the department for the administration of
this subsection shall be administered as required by an agreement
entered into by the department.
(i) A temporary registration permit issued under this
section must be carried in the vehicle, or, if the vehicle is a
trailer or semitrailer, in the motor vehicle pulling the trailer or
semitrailer, at all times during the period in which the permit is
valid, including when the vehicle is being operated.
SECTION 3. The heading to Section 502.095, Transportation
Code, is amended to read as follows:
Sec. 502.095. ONE-TRIP OR 30-DAY TEMPORARY REGISTRATION
[TRIP] PERMITS.
SECTION 4. Section 502.095, Transportation Code, is amended
by amending Subsections (a), (b), (d), (e), (f), and (g) and adding
Subsection (h) to read as follows:
(a) The department may issue a temporary registration
permit [in lieu of registration] for a vehicle subject to
registration in this state that is not authorized to travel on a
public highway because of the lack of registration in this state or
the lack of reciprocity with the state or country in which the
vehicle is registered.
(b) A temporary registration permit issued under this
section is valid for:
(1) one trip, as provided by Subsection (c); or
(2) 30 days, as provided by Subsection (d).
(d) A 30-day temporary registration permit may be issued
only to a passenger vehicle, a private bus, a trailer or semitrailer
with a gross weight of not more than 10,000 pounds, a light truck,
or a light commercial vehicle with a gross vehicle weight of more
than 10,000 pounds that will operate unladen. A person may obtain
multiple 30-day temporary registration permits. The department may
issue a single registration receipt to apply to all of the periods
for which the vehicle is registered.
(e) A vehicle issued a 30-day temporary registration permit
under this section is subject to Subchapters B and F, Chapter 548.
(f) A person may obtain a temporary registration permit
under this section by:
(1) applying as provided by the department to:
(A) the county assessor-collector of the county
in which the vehicle will first be operated on a public highway; or
(B) the department in Austin or at one of the
department's vehicle title and registration regional offices;
(2) paying a fee, in the manner prescribed by the
department including a registration service charge for a credit
card payment or escrow account of:
(A) $5 for a one-trip permit; or
(B) $25 for each 30-day period; and
(3) furnishing evidence of financial responsibility
for the vehicle in a form listed under Section 502.046(c).
(g) [(f)] A registration receipt shall be carried in the
vehicle at all times during the period in which it is valid. The
temporary registration permit [temporary tag] must contain all
pertinent information required by this section and must be attached
to the vehicle in the license plate display area located at the rear
of the vehicle, so that the entire permit is visible and legible at
all times, including when the vehicle is being operated. If the
vehicle does not have a license plate display area at the rear of
the vehicle, the temporary registration permit [displayed in the
rear window of the vehicle so that the tag is clearly visible and
legible when viewed from the rear of the vehicle. If the vehicle
does not have a rear window, the temporary tag] must be attached to
[on or carried in] the vehicle to allow ready inspection. The
registration receipt must be carried, in a manner prescribed by the
department, in the vehicle at all times during the period in which
it is valid.
(h) [(g)] The department may refuse and may instruct a
county assessor-collector to refuse to issue a temporary
registration permit for any vehicle if, in the department's
opinion, the vehicle or the owner of the vehicle has been involved
in operations that constitute an abuse of the privilege granted by
this section. A registration issued after notice to a county
assessor-collector under this subsection is void.
SECTION 5. Section 502.146(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue distinguishing license
plates to a vehicle described by Subsection (b) or (c). The
department may issue distinguishing license plates to a vehicle
with a gross weight of 4,000 pounds or less if the vehicle otherwise
meets the requirements of Subsection (b)(1). The fee for the
license plates is $5 and shall be deposited to the credit of the
Texas Department of Motor Vehicles fund.
SECTION 6. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.147 to read as follows:
Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS,
FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not
required to register a farm trailer or farm semitrailer with a gross
weight of 4,000 pounds or less or a farm tractor or an implement of
husbandry if the trailer, semitrailer, tractor, or implement is
operated only temporarily on the highways.
SECTION 7. Section 502.410(b), Transportation Code, is
amended to read as follows:
(b) Subsection (a) does not apply to a statement or
application filed or given under Section 502.060, 502.092, 502.093,
502.094, 502.095, 504.201, 504.202(b-1), or 504.508[, or 504.515].
SECTION 8. Sections 502.413(e) and (f), Transportation
Code, are amended to read as follows:
(e) The department shall consult with the Health and Human
[Department of Aging and Disability] Services Commission in
performing the department's duties under this section.
(f) The Special Olympics Texas fund is created as a trust
fund outside the state treasury to be held by the comptroller and
administered by the Health and Human [Department of Aging and
Disability] Services Commission as trustee on behalf of Special
Olympics Texas. The fund is composed of money deposited to the
credit of the fund under this section. Money in the fund shall be
disbursed at least monthly, without appropriation, to Special
Olympics Texas to provide training and athletic competitions for
persons with mental illness and intellectual disabilities.
SECTION 9. Section 502.474, Transportation Code, is amended
to read as follows:
Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A
person commits an offense if the person operates a vehicle for which
a one-trip permit is required without the registration receipt and
properly displayed permit [temporary tag].
SECTION 10. Section 504.202(e-1), Transportation Code, is
amended to read as follows:
(e-1) Other than license plates issued under Subsection
(h), license plates issued under this section may include, on
request,[:
[(1) the emblem of the veteran's branch of service; or
[(2)] one emblem or design from another license plate
to which the person is entitled under Subchapter D [Section
504.308, 504.309, 504.310(b), 504.311, 504.312, 504.313, 504.3135,
504.314, 504.315, 504.316, 504.3161, 504.318, 504.319, 504.320,
504.323, 504.325, or 504.327].
SECTION 11. Section 504.3015(a), Transportation Code, is
amended to read as follows:
(a) A person applying for a set of license plates under this
subchapter shall pay the registration fee required under Chapter
502 and the applicable special plate fee required under this
section, except that one set of license plates shall be issued
without the payment of the registration fee under:
(1) Section 504.308;
(2) Section 504.310(b);
(3) Section 504.315, other than Subsections (c) and
(q) of that section; [and]
(4) Section 504.316; and
(5) Section 504.319.
SECTION 12. Section 504.414(b), Transportation Code, is
amended to read as follows:
(b) Notwithstanding Section 504.400, the fee for a set of
license plates under this section is $30. After deduction of the
department's administrative costs in accordance with Section
504.801, the remainder of the fees from the sale of professional
firefighter plates shall be deposited to the credit of an account in
the state treasury to be used by the nominated state agency for the
purpose of making grants to support the activities of an
organization of professional firefighters located in this state
that provides emergency relief and college scholarship funds to the
professional firefighters and their dependents.
SECTION 13. Section 504.507(b), Transportation Code, is
amended to read as follows:
(b) There is no fee for issuance of the license plates. The
department shall:
(1) collect any fee that a county imposes under
Chapter 502 [this chapter] for registration of a forestry vehicle;
and
(2) send the fee to the appropriate county for
disposition.
SECTION 14. Section 504.512, Transportation Code, is
amended by adding Subsection (b) to read as follows:
(b) There is no fee for issuance of the license plates.
SECTION 15. Section 504.513, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The department shall issue specialty license plates
for:
(1) volunteer firefighters certified by:
(A) the Texas Commission on Fire Protection; or
(B) the State Firefighters' [Firemen's] and Fire
Marshals' Association of Texas; and
(2) fire protection personnel as that term is defined
by Section 419.021, Government Code.
(c) There is no fee for issuance of the license plates.
SECTION 16. Section 504.516, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) There is no fee for issuance of the license plates.
SECTION 17. Section 504.602(b), Transportation Code, is
amended to read as follows:
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be used in connection with the Texas Department of
Transportation's [department's] litter prevention and community
beautification programs.
SECTION 18. The heading to Section 504.610, Transportation
Code, is amended to read as follows:
Sec. 504.610. TEXAS AEROSPACE AND AVIATION [COMMISSION]
LICENSE PLATES.
SECTION 19. Section 504.610(a), Transportation Code, is
amended to read as follows:
(a) The department may issue specialty license plates in
recognition of [the] Texas aerospace and aviation [Aerospace
Commission]. The department shall design the license plates in
consultation with the aerospace and aviation office of the Texas
Economic Development and Tourism Office [Aerospace Commission].
SECTION 20. Section 504.619, Transportation Code, is
amended to read as follows:
Sec. 504.619. [TEXAS COMMISSION FOR THE] DEAF AND HARD OF
HEARING SERVICES LICENSE PLATES. (a) The department shall issue
specialty license plates in support of services for persons who are
deaf [the Texas Commission for the Deaf] and hard [Hard] of hearing
[Hearing]. The department shall design the license plates in
consultation with the Health and Human Services [Texas] Commission
[for the Deaf and Hard of Hearing].
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates:
(1) shall be deposited to the credit of the general
revenue fund; and
(2) may be appropriated only to the Health and Human
Services [Texas] Commission [for the Deaf and Hard of Hearing] for
direct services programs, training, and education for persons who
are deaf and hard of hearing.
SECTION 21. Section 504.642(b), Transportation Code, is
amended to read as follows:
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of an [a special] account created
by the comptroller in the manner provided by Section 504.6012(b)
[for abused and neglected children established at the Department of
Protective and Regulatory Services]. Money deposited to that [in
the] account may be used only by the Department of Family and
Protective [and Regulatory] Services to fund programs and services
supporting abused and neglected children under Section 264.004,
Family Code.
SECTION 22. Section 504.851(c), Transportation Code, is
amended to read as follows:
(c) Except as otherwise provided by law, the [The] board by
rule shall establish the fees for the issuance or renewal of
souvenir license plates, specialty license plates, or souvenir or
specialty license plates that are personalized that are marketed
and sold by the private vendor or hosted on the private vendor's
website. The state's portion of the personalization fee may not be
less than $40 for each year issued. Other fees must be reasonable
and not less than the amounts necessary to allow the department to
recover all reasonable costs to the department associated with the
evaluation of the competitive sealed proposals received by the
department and with the implementation and enforcement of the
contract, including direct, indirect, and administrative costs. A
fee established under this subsection is in addition to:
(1) the registration fee and any optional registration
fee prescribed by this chapter for the vehicle for which specialty
license plates are issued;
(2) any additional fee prescribed by this subchapter
for the issuance of specialty license plates for that vehicle; and
(3) any additional fee prescribed by this subchapter
for the issuance of personalized license plates for that vehicle.
SECTION 23. Section 504.943(b), Transportation Code, is
amended to read as follows:
(b) A person commits an offense if the person operates on a
public highway during a registration period a road tractor, truck
tractor, motorcycle, trailer, or semitrailer that does not display
a license plate that:
(1) has been assigned by the department for the
period; and
(2) complies with department rules regarding the
placement of license plates.
SECTION 24. Section 504.515, Transportation Code, is
repealed.
SECTION 25. Section 504.943, Transportation Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 26. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 27. This Act takes effect September 1, 2023.