Texas 2023 - 88th Regular

Texas Senate Bill SB1182 Compare Versions

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1	1	By: Eckhardt, et al. S.B. No. 1182
2	2	(Lujan)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to motor vehicle registration and license plates.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 502.094, Transportation
10	10	Code, is amended to read as follows:
11	11	Sec. 502.094. 72- OR 144-HOUR TEMPORARY REGISTRATION
12	12	PERMITS.
13	13	SECTION 2. Section 502.094, Transportation Code, is amended
14	14	by amending Subsections (a), (b), (c), (e), (f), (g), and (h) and
15	15	adding Subsection (i) to read as follows:
16	16	(a) The department may issue a temporary registration
17	17	permit [in lieu of registration] for a commercial motor vehicle,
18	18	trailer, semitrailer, or motor bus that:
19	19	(1) is owned by a resident of the United States,
20	20	Canada, or the United Mexican States;
21	21	(2) is subject to registration in this state; and
22	22	(3) is not authorized to travel on a public highway
23	23	because of the lack of registration in this state or the lack of
24	24	reciprocity with the state or province in which the vehicle is
25	25	registered.
26	26	(b) A temporary registration permit issued under this
27	27	section is valid for the period stated on the permit, effective from
28	28	the date and time shown on the receipt issued as evidence of
29	29	registration under this section.
30	30	(c) A person may obtain a temporary registration permit
31	31	under this section by:
32	32	(1) applying to the county assessor-collector or the
33	33	department;
34	34	(2) paying a fee of $25 for a 72-hour temporary
35	35	registration permit or $50 for a 144-hour temporary registration
36	36	permit in the manner prescribed by the department that may include a
37	37	service charge for a credit card payment or escrow account;
38	38	(3) furnishing to the county assessor-collector or the
39	39	department evidence of financial responsibility for the vehicle
40	40	that complies with Sections 502.046(c) and 601.168(a); and
41	41	(4) submitting a copy of the applicable federal
42	42	declaration form required by the Federal Motor Carrier Safety
43	43	Administration or its successor in connection with the importation
44	44	of a motor vehicle or motor vehicle equipment subject to the federal
45	45	motor vehicle safety, bumper, and theft prevention standards.
46	46	(e) A vehicle issued a temporary registration permit under
47	47	this section is subject to Subchapters B and F, Chapter 548, unless
48	48	the vehicle:
49	49	(1) is registered in another state of the United
50	50	States, in a province of Canada, or in a state of the United Mexican
51	51	States; or
52	52	(2) is mobile drilling or servicing equipment used in
53	53	the production of gas, crude petroleum, or oil, including a mobile
54	54	crane or hoisting equipment, mobile lift equipment, forklift, or
55	55	tug.
56	56	(f) A commercial motor vehicle, trailer, semitrailer, or
57	57	motor bus apprehended for violating a registration law of this
58	58	state:
59	59	(1) may not be issued a temporary registration permit
60	60	under this section; and
61	61	(2) is immediately subject to registration in this
62	62	state.
63	63	(g) A person who operates a commercial motor vehicle,
64	64	trailer, or semitrailer with an expired temporary registration
65	65	permit issued under this section is considered to be operating an
66	66	unregistered vehicle subject to each penalty prescribed by law.
67	67	(h) The department may establish one or more escrow accounts
68	68	in the Texas Department of Motor Vehicles fund for the prepayment of
69	69	a 72-hour [permit] or [a] 144-hour temporary registration permit.
70	70	Any fee established by the department for the administration of
71	71	this subsection shall be administered as required by an agreement
72	72	entered into by the department.
73	73	(i) A temporary registration permit issued under this
74	74	section must be carried in the vehicle, or, if the vehicle is a
75	75	trailer or semitrailer, in the motor vehicle pulling the trailer or
76	76	semitrailer, at all times during the period in which the permit is
77	77	valid, including when the vehicle is being operated.
78	78	SECTION 3. The heading to Section 502.095, Transportation
79	79	Code, is amended to read as follows:
80	80	Sec. 502.095. ONE-TRIP OR 30-DAY TEMPORARY REGISTRATION
81	81	[TRIP] PERMITS.
82	82	SECTION 4. Section 502.095, Transportation Code, is amended
83	83	by amending Subsections (a), (b), (d), (e), (f), and (g) and adding
84	84	Subsection (h) to read as follows:
85	85	(a) The department may issue a temporary registration
86	86	permit [in lieu of registration] for a vehicle subject to
87	87	registration in this state that is not authorized to travel on a
88	88	public highway because of the lack of registration in this state or
89	89	the lack of reciprocity with the state or country in which the
90	90	vehicle is registered.
91	91	(b) A temporary registration permit issued under this
92	92	section is valid for:
93	93	(1) one trip, as provided by Subsection (c); or
94	94	(2) 30 days, as provided by Subsection (d).
95	95	(d) A 30-day temporary registration permit may be issued
96	96	only to a passenger vehicle, a private bus, a trailer or semitrailer
97	97	with a gross weight of not more than 10,000 pounds, a light truck,
98	98	or a light commercial vehicle with a gross vehicle weight of more
99	99	than 10,000 pounds that will operate unladen. A person may obtain
100	100	multiple 30-day temporary registration permits. The department may
101	101	issue a single registration receipt to apply to all of the periods
102	102	for which the vehicle is registered.
103	103	(e) A vehicle issued a 30-day temporary registration permit
104	104	under this section is subject to Subchapters B and F, Chapter 548.
105	105	(f) A person may obtain a temporary registration permit
106	106	under this section by:
107	107	(1) applying as provided by the department to:
108	108	(A) the county assessor-collector of the county
109	109	in which the vehicle will first be operated on a public highway; or
110	110	(B) the department in Austin or at one of the
111	111	department's vehicle title and registration regional offices;
112	112	(2) paying a fee, in the manner prescribed by the
113	113	department including a registration service charge for a credit
114	114	card payment or escrow account of:
115	115	(A) $5 for a one-trip permit; or
116	116	(B) $25 for each 30-day period; and
117	117	(3) furnishing evidence of financial responsibility
118	118	for the vehicle in a form listed under Section 502.046(c).
119	119	(g) [(f)] A registration receipt shall be carried in the
120	120	vehicle at all times during the period in which it is valid. The
121	121	temporary registration permit [temporary tag] must contain all
122	122	pertinent information required by this section and must be attached
123	123	to the vehicle in the license plate display area located at the rear
124	124	of the vehicle, so that the entire permit is visible and legible at
125	125	all times, including when the vehicle is being operated. If the
126	126	vehicle does not have a license plate display area at the rear of
127	127	the vehicle, the temporary registration permit [displayed in the
128	128	rear window of the vehicle so that the tag is clearly visible and
129	129	legible when viewed from the rear of the vehicle. If the vehicle
130	130	does not have a rear window, the temporary tag] must be attached to
131	131	[on or carried in] the vehicle to allow ready inspection. The
132	132	registration receipt must be carried, in a manner prescribed by the
133	133	department, in the vehicle at all times during the period in which
134	134	it is valid.
135	135	(h) [(g)] The department may refuse and may instruct a
136	136	county assessor-collector to refuse to issue a temporary
137	137	registration permit for any vehicle if, in the department's
138	138	opinion, the vehicle or the owner of the vehicle has been involved
139	139	in operations that constitute an abuse of the privilege granted by
140	140	this section. A registration issued after notice to a county
141	141	assessor-collector under this subsection is void.
142	142	SECTION 5. Section 502.146(a), Transportation Code, is
143	143	amended to read as follows:
144	144	(a) The department shall issue distinguishing license
145	145	plates to a vehicle described by Subsection (b) or (c). The
146	146	department may issue distinguishing license plates to a vehicle
147	147	with a gross weight of 4,000 pounds or less if the vehicle otherwise
148	148	meets the requirements of Subsection (b)(1). The fee for the
149	149	license plates is $5 and shall be deposited to the credit of the
150	150	Texas Department of Motor Vehicles fund.
151	151	SECTION 6. Subchapter D, Chapter 502, Transportation Code,
152	152	is amended by adding Section 502.147 to read as follows:
153	153	Sec. 502.147. CERTAIN FARM TRAILERS, FARM SEMITRAILERS,
154	154	FARM TRACTORS, AND IMPLEMENTS OF HUSBANDRY. An owner is not
155	155	required to register a farm trailer or farm semitrailer with a gross
156	156	weight of 4,000 pounds or less or a farm tractor or an implement of
157	157	husbandry if the trailer, semitrailer, tractor, or implement is
158	158	operated only temporarily on the highways.
159	159	SECTION 7. Section 502.410(b), Transportation Code, is
160	160	amended to read as follows:
161	161	(b) Subsection (a) does not apply to a statement or
162	162	application filed or given under Section 502.060, 502.092, 502.093,
163	163	502.094, 502.095, 504.201, 504.202(b-1), or 504.508[, or 504.515].
164	164	SECTION 8. Sections 502.413(e) and (f), Transportation
165	165	Code, are amended to read as follows:
166	166	(e) The department shall consult with the Health and Human
167	167	[Department of Aging and Disability] Services Commission in
168	168	performing the department's duties under this section.
169	169	(f) The Special Olympics Texas fund is created as a trust
170	170	fund outside the state treasury to be held by the comptroller and
171	171	administered by the Health and Human [Department of Aging and
172	172	Disability] Services Commission as trustee on behalf of Special
173	173	Olympics Texas. The fund is composed of money deposited to the
174	174	credit of the fund under this section. Money in the fund shall be
175	175	disbursed at least monthly, without appropriation, to Special
176	176	Olympics Texas to provide training and athletic competitions for
177	177	persons with mental illness and intellectual disabilities.
178	178	SECTION 9. Section 502.474, Transportation Code, is amended
179	179	to read as follows:
180	180	Sec. 502.474. OPERATION OF ONE-TRIP PERMIT VEHICLE. A
181	181	person commits an offense if the person operates a vehicle for which
182	182	a one-trip permit is required without the registration receipt and
183	183	properly displayed permit [temporary tag].
184	184	SECTION 10. Section 504.202(e-1), Transportation Code, is
185	185	amended to read as follows:
186	186	(e-1) Other than license plates issued under Subsection
187	187	(h), license plates issued under this section may include, on
188	188	request,[:
189	189	[(1) the emblem of the veteran's branch of service; or
190	190	[(2)] one emblem or design from another license plate
191	191	to which the person is entitled under Subchapter D [Section
192	192	504.308, 504.309, 504.310(b), 504.311, 504.312, 504.313, 504.3135,
193	193	504.314, 504.315, 504.316, 504.3161, 504.318, 504.319, 504.320,
194	194	504.323, 504.325, or 504.327].
195	195	SECTION 11. Section 504.3015(a), Transportation Code, is
196	196	amended to read as follows:
197	197	(a) A person applying for a set of license plates under this
198	198	subchapter shall pay the registration fee required under Chapter
199	199	502 and the applicable special plate fee required under this
200	200	section, except that one set of license plates shall be issued
201	201	without the payment of the registration fee under:
202	202	(1) Section 504.308;
203	203	(2) Section 504.310(b);
204	204	(3) Section 504.315, other than Subsections (c) and
205	205	(q) of that section; [and]
206	206	(4) Section 504.316; and
207	207	(5) Section 504.319.
208	208	SECTION 12. Section 504.414(b), Transportation Code, is
209	209	amended to read as follows:
210	210	(b) Notwithstanding Section 504.400, the fee for a set of
211	211	license plates under this section is $30. After deduction of the
212	212	department's administrative costs in accordance with Section
213	213	504.801, the remainder of the fees from the sale of professional
214	214	firefighter plates shall be deposited to the credit of an account in
215	215	the state treasury to be used by the nominated state agency for the
216	216	purpose of making grants to support the activities of an
217	217	organization of professional firefighters located in this state
218	218	that provides emergency relief and college scholarship funds to the
219	219	professional firefighters and their dependents.
220	220	SECTION 13. Section 504.507(b), Transportation Code, is
221	221	amended to read as follows:
222	222	(b) There is no fee for issuance of the license plates. The
223	223	department shall:
224	224	(1) collect any fee that a county imposes under
225	225	Chapter 502 [this chapter] for registration of a forestry vehicle;
226	226	and
227	227	(2) send the fee to the appropriate county for
228	228	disposition.
229	229	SECTION 14. Section 504.512, Transportation Code, is
230	230	amended by adding Subsection (b) to read as follows:
231	231	(b) There is no fee for issuance of the license plates.
232	232	SECTION 15. Section 504.513, Transportation Code, is
233	233	amended by amending Subsection (a) and adding Subsection (c) to
234	234	read as follows:
235	235	(a) The department shall issue specialty license plates
236	236	for:
237	237	(1) volunteer firefighters certified by:
238	238	(A) the Texas Commission on Fire Protection; or
239	239	(B) the State Firefighters' [Firemen's] and Fire
240	240	Marshals' Association of Texas; and
241	241	(2) fire protection personnel as that term is defined
242	242	by Section 419.021, Government Code.
243	243	(c) There is no fee for issuance of the license plates.
244	244	SECTION 16. Section 504.516, Transportation Code, is
245	245	amended by adding Subsection (c) to read as follows:
246	246	(c) There is no fee for issuance of the license plates.
247	247	SECTION 17. Section 504.602(b), Transportation Code, is
248	248	amended to read as follows:
249	249	(b) After deduction of the department's administrative
250	250	costs, the remainder of the fee for issuance of the license plates
251	251	shall be used in connection with the Texas Department of
252	252	Transportation's [department's] litter prevention and community
253	253	beautification programs.
254	254	SECTION 18. The heading to Section 504.610, Transportation
255	255	Code, is amended to read as follows:
256	256	Sec. 504.610. TEXAS AEROSPACE AND AVIATION [COMMISSION]
257	257	LICENSE PLATES.
258	258	SECTION 19. Section 504.610(a), Transportation Code, is
259	259	amended to read as follows:
260	260	(a) The department may issue specialty license plates in
261	261	recognition of [the] Texas aerospace and aviation [Aerospace
262	262	Commission]. The department shall design the license plates in
263	263	consultation with the aerospace and aviation office of the Texas
264	264	Economic Development and Tourism Office [Aerospace Commission].
265	265	SECTION 20. Section 504.619, Transportation Code, is
266	266	amended to read as follows:
267	267	Sec. 504.619. [TEXAS COMMISSION FOR THE] DEAF AND HARD OF
268	268	HEARING SERVICES LICENSE PLATES. (a) The department shall issue
269	269	specialty license plates in support of services for persons who are
270	270	deaf [the Texas Commission for the Deaf] and hard [Hard] of hearing
271	271	[Hearing]. The department shall design the license plates in
272	272	consultation with the Health and Human Services [Texas] Commission
273	273	[for the Deaf and Hard of Hearing].
274	274	(b) After deduction of the department's administrative
275	275	costs, the remainder of the fee for issuance of the license plates:
276	276	(1) shall be deposited to the credit of the general
277	277	revenue fund; and
278	278	(2) may be appropriated only to the Health and Human
279	279	Services [Texas] Commission [for the Deaf and Hard of Hearing] for
280	280	direct services programs, training, and education for persons who
281	281	are deaf and hard of hearing.
282	282	SECTION 21. Section 504.642(b), Transportation Code, is
283	283	amended to read as follows:
284	284	(b) After deduction of the department's administrative
285	285	costs, the remainder of the fee for issuance of the license plates
286	286	shall be deposited to the credit of an [a special] account created
287	287	by the comptroller in the manner provided by Section 504.6012(b)
288	288	[for abused and neglected children established at the Department of
289	289	Protective and Regulatory Services]. Money deposited to that [in
290	290	the] account may be used only by the Department of Family and
291	291	Protective [and Regulatory] Services to fund programs and services
292	292	supporting abused and neglected children under Section 264.004,
293	293	Family Code.
294	294	SECTION 22. Section 504.851(c), Transportation Code, is
295	295	amended to read as follows:
296	296	(c) Except as otherwise provided by law, the [The] board by
297	297	rule shall establish the fees for the issuance or renewal of
298	298	souvenir license plates, specialty license plates, or souvenir or
299	299	specialty license plates that are personalized that are marketed
300	300	and sold by the private vendor or hosted on the private vendor's
301	301	website. The state's portion of the personalization fee may not be
302	302	less than $40 for each year issued. Other fees must be reasonable
303	303	and not less than the amounts necessary to allow the department to
304	304	recover all reasonable costs to the department associated with the
305	305	evaluation of the competitive sealed proposals received by the
306	306	department and with the implementation and enforcement of the
307	307	contract, including direct, indirect, and administrative costs. A
308	308	fee established under this subsection is in addition to:
309	309	(1) the registration fee and any optional registration
310	310	fee prescribed by this chapter for the vehicle for which specialty
311	311	license plates are issued;
312	312	(2) any additional fee prescribed by this subchapter
313	313	for the issuance of specialty license plates for that vehicle; and
314	314	(3) any additional fee prescribed by this subchapter
315	315	for the issuance of personalized license plates for that vehicle.
316	316	SECTION 23. Section 504.943(b), Transportation Code, is
317	317	amended to read as follows:
318	318	(b) A person commits an offense if the person operates on a
319	319	public highway during a registration period a road tractor, truck
320	320	tractor, motorcycle, trailer, or semitrailer that does not display
321	321	a license plate that:
322	322	(1) has been assigned by the department for the
323	323	period; and
324	324	(2) complies with department rules regarding the
325	325	placement of license plates.
326	326	SECTION 24. Section 504.515, Transportation Code, is
327	327	repealed.
328	328	SECTION 25. Section 504.943, Transportation Code, as
329	329	amended by this Act, applies only to an offense committed on or
330	330	after the effective date of this Act. An offense committed before
331	331	the effective date of this Act is governed by the law in effect on
332	332	the date the offense was committed, and the former law is continued
333	333	in effect for that purpose. For purposes of this section, an
334	334	offense was committed before the effective date of this Act if any
335	335	element of the offense occurred before that date.
336	336	SECTION 26. To the extent of any conflict, this Act prevails
337	337	over another Act of the 88th Legislature, Regular Session, 2023,
338	338	relating to nonsubstantive additions to and corrections in enacted
339	339	codes.
340	340	SECTION 27. This Act takes effect September 1, 2023.