Bill Text: TX HB1711 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the issuance of digital license plates; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-23 - Senate appoints conferees-reported [HB1711 Detail]
Download: Texas-2019-HB1711-Comm_Sub.html
By: Paddie, et al. (Senate Sponsor - Paxton) | H.B. No. 1711 | |
(In the Senate - Received from the House April 24, 2019; | ||
April 25, 2019, read first time and referred to Committee on | ||
Transportation; May 15, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 1; | ||
May 15, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1711 | By: Hancock |
|
||
|
||
relating to the issuance of digital license plates; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 504, Transportation Code, is amended by | ||
adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. DIGITAL LICENSE PLATES | ||
Sec. 504.151. DEFINITIONS. In this subchapter: | ||
(1) "Digital license plate" means an electronic | ||
display that is designed to: | ||
(A) display the information required to be | ||
included on a physical license plate; and | ||
(B) be placed on the rear of a vehicle in lieu of | ||
a physical license plate issued under this chapter. | ||
(2) "Digital license plate provider" means a person | ||
engaged in the business of providing digital license plate hardware | ||
and services to vehicle owners, including the sale or lease of and | ||
issuance of digital license plates. | ||
Sec. 504.152. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this subchapter or a rule adopted under this | ||
subchapter, a digital license plate issued under this subchapter is | ||
subject to the laws of this state applicable to a physical license | ||
plate. | ||
Sec. 504.153. RULES. The board shall adopt rules as | ||
necessary to implement and administer this subchapter. | ||
Sec. 504.154. DIGITAL LICENSE PLATES AUTHORIZED; | ||
FUNCTIONALITY. (a) The board by rule shall allow a vehicle | ||
described by Subsection (b) to be equipped with a digital license | ||
plate that is placed on the rear of the vehicle in lieu of a physical | ||
license plate issued under this chapter. The rule must require the | ||
owner of a vehicle issued a digital license plate to obtain a | ||
physical license plate to be placed on the front of the vehicle | ||
unless the vehicle is of a class of vehicles that is not required to | ||
display two license plates, as provided by other law. | ||
(b) A vehicle registered under Chapter 502 may be equipped | ||
with a digital license plate only if the vehicle: | ||
(1) is part of a commercial fleet, as defined by | ||
Section 502.001; | ||
(2) is owned or operated by a governmental entity; or | ||
(3) is not a passenger vehicle. | ||
(c) The department may contract with digital license plate | ||
providers for the issuance of digital license plates, including any | ||
services related to the issuance of digital license plates. | ||
(d) Notwithstanding any other law, rules adopted under this | ||
subchapter: | ||
(1) shall authorize the display of the vehicle's | ||
registration insignia on a digital license plate issued for the | ||
vehicle in lieu of attaching the registration insignia to the | ||
inside of the vehicle's windshield as required by Section 502.059; | ||
(2) may establish a fee in an amount necessary to cover | ||
any administrative costs incurred that relate to the issuance of a | ||
digital license plate and exceed the administrative costs incurred | ||
for the issuance of a physical license plate; | ||
(3) shall prohibit a digital license plate provider | ||
from contracting with the department under Subchapter J; | ||
(4) shall authorize the use of a digital license plate | ||
for electronic toll collection or to display a parking permit; and | ||
(5) may establish procedures for displaying on a | ||
digital license plate: | ||
(A) an emergency alert or other public safety | ||
alert issued by a governmental entity, including an alert | ||
authorized under Subchapter L, M, or P, Chapter 411, Government | ||
Code; | ||
(B) vehicle manufacturer safety recall notices; | ||
(C) static logo displays, including unique | ||
displays for fleet vehicles; or | ||
(D) advertising approved by the department. | ||
Sec. 504.155. DIGITAL LICENSE PLATE REQUIREMENTS. (a) The | ||
board by rule shall set the specifications and requirements for | ||
digital license plates, including requirements for the placement of | ||
digital license plates. The design of and information displayed on | ||
a digital license plate must be approved by the department. | ||
(b) A digital license plate issued under this subchapter | ||
must: | ||
(1) meet the specifications and requirements adopted | ||
under Subsection (a); | ||
(2) include the information required to be included on | ||
a physical license plate and legibly display that information at | ||
all times and in all light conditions, provided that the license | ||
plate may display the information in a smaller typeface when the | ||
vehicle is parked; | ||
(3) have wireless connectivity capability; and | ||
(4) provide benefits to law enforcement that meet or | ||
exceed the benefits provided by physical license plates as of the | ||
time of enactment of this subchapter and as determined by the | ||
Department of Public Safety. | ||
(c) The Department of Public Safety may test digital license | ||
plates to ensure that the digital license plates comply with the | ||
requirements of Subsection (b). | ||
Sec. 504.156. DIGITAL LICENSE PLATE PROVIDER POWERS AND | ||
DUTIES. A digital license plate provider with whom the department | ||
contracts under Section 504.154: | ||
(1) shall maintain a database of the digital license | ||
plates issued by the provider in this state; | ||
(2) shall make available a digital version of each | ||
specialty license plate authorized by this chapter, other than | ||
personalized license plates authorized for marketing and sale under | ||
Subchapter J, provided that: | ||
(A) each issuance of a specialty license plate | ||
with restricted distribution, including a license plate authorized | ||
under Subchapter C, D, E, or F, must be approved by the department; | ||
and | ||
(B) the provider shall remit to the department in | ||
the manner prescribed by the department all money: | ||
(i) payable to the department; or | ||
(ii) required to be used or deposited in the | ||
manner prescribed by the law establishing the license plate; | ||
(3) may contract with the private vendor under | ||
Subchapter J to make available a digital version of a personalized | ||
license plate authorized for marketing and sale under that | ||
subchapter, provided that the contract shall conform with any | ||
applicable requirements of Subchapter J and the terms of the | ||
private vendor's contract with the department; | ||
(4) shall promptly update the display of the | ||
registration insignia to reflect the current registration period | ||
for the vehicle and, on request of the department, suspend the | ||
display of the registration insignia or indicate on the license | ||
plate that the registration insignia for the vehicle is expired; | ||
(5) may provide any service related to the issuance of | ||
a digital license plate that is authorized by board rule, including | ||
the sale, lease, and installation of and customer service for a | ||
digital license plate; and | ||
(6) may charge a fee, payable in installments, for the | ||
issuance of a digital license plate or any additional services | ||
provided by the provider for that license plate. | ||
Sec. 504.157. DEFENSE TO PROSECUTION OF CERTAIN OFFENSES. | ||
It is a defense to prosecution of an offense involving the operation | ||
of a motor vehicle and relating to the placement of a license plate | ||
or the display of a registration insignia that the vehicle was | ||
operated in compliance with rules issued under this subchapter | ||
governing the placement of a digital license plate or the display of | ||
a registration insignia on a digital license plate, as applicable. | ||
SECTION 2. Not later than December 31, 2019, the board of | ||
the Texas Department of Motor Vehicles shall adopt the rules | ||
required by Subchapter B-1, Chapter 504, Transportation Code, as | ||
added by this Act, and any other rules necessary to implement and | ||
administer that subchapter. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
* * * * * |