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 | |
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| 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. | ||
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