Bill Text: TX SB1884 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the marketing, hosting, and sale of specialty and personalized license plates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2011-03-28 - Referred to Transportation & Homeland Sec. [SB1884 Detail]
Download: Texas-2011-SB1884-Introduced.html
82R13986 JAM-F | ||
By: Wentworth | S.B. No. 1884 |
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relating to the marketing, hosting, and sale of specialty and | ||
personalized license plates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 504.003(c) and (c-1), Transportation | ||
Code, are amended to read as follows: | ||
(c) If a souvenir license plate issued before November 19 | ||
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$40. Of the fee: | ||
(1) $20 shall be deposited to the credit of the state | ||
highway fund; | ||
(2) $10 shall be deposited to the credit of the | ||
designated account if the souvenir license plate is a replica of a | ||
specialty license plate issued under Subchapter G or I for which the | ||
fee is deposited to a designated account other than the state | ||
highway fund; and | ||
(3) the remainder shall be deposited to the credit of | ||
the general revenue fund. | ||
(c-1) The fee for a souvenir license plate issued on or | ||
after November 19 [ |
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under Section 504.851(c). | ||
SECTION 2. Subchapter B, Chapter 504, Transportation Code, | ||
is amended by adding Section 504.101 to read as follows: | ||
Sec. 504.101. PERSONALIZED LICENSE PLATES. The department | ||
shall issue personalized license plates, including those sold by | ||
the private vendor under a contract with the department as provided | ||
by Section 504.851. | ||
SECTION 3. Section 504.6011, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) The sponsor of a specialty license plate [ |
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contract with the private vendor authorized under Subchapter J for | ||
the marketing and sale of the specialty license plate. | ||
(d) A sponsor of a specialty license plate authorized to be | ||
issued under this subchapter before November 19, 2009, may | ||
reestablish its specialty license plate under Sections 504.601 and | ||
504.702 and be credited its previous deposit with the department if | ||
a contract entered into by the sponsor under Subsection (a) | ||
terminates. | ||
SECTION 4. Section 504.614, Transportation Code, is amended | ||
by adding Subsection (b-1) to read as follows: | ||
(b-1) A public entity that receives money under Subsection | ||
(b) may contract with the private vendor under Section 504.6011 to | ||
distribute the entity's portion of the money in a manner other than | ||
that described by Subsection (b). | ||
SECTION 5. Sections 504.801(d) and (d-1), Transportation | ||
Code, are amended to read as follows: | ||
(d) The fee for issuance of license plates created under | ||
this subchapter before November 19 [ |
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unless the department sets a higher fee. This subsection does not | ||
apply to a specialty license plate marketed and sold by a private | ||
vendor at the request of the specialty license plate sponsor. | ||
(d-1) The fee for issuance of license plates created under | ||
this subchapter on or after November 19 [ |
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amount established under Section 504.851. | ||
SECTION 6. The heading to Section 504.802, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 504.802. MARKETING AND SALE BY PRIVATE VENDOR OF | ||
SPECIALTY LICENSE PLATES [ |
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SECTION 7. Section 504.802, Transportation Code, is amended | ||
by amending Subsections (a) and (c) and adding Subsection (d) to | ||
read as follows: | ||
(a) A sponsor of a specialty license plate created under | ||
this subchapter [ |
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private vendor authorized under Subchapter J for the marketing and | ||
sale of the specialty license plate. | ||
(c) Notwithstanding any other law, from each fee received | ||
from the issuance of a specialty license plate marketed and sold by | ||
the private vendor under this section, the department shall: | ||
(1) deduct the administrative costs described by | ||
Section 504.801(e)(1); | ||
(2) deposit the portion of the fee for the sale of the | ||
plate that the state would ordinarily receive under the contract | ||
described by Section 504.851(a) to the credit of: | ||
(A) the specialty license plate fund, if the | ||
sponsor nominated a state agency to receive the funds; [ |
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(B) the general revenue fund, if the sponsor did | ||
not nominate a state agency to receive the funds or if there is no | ||
sponsor; or | ||
(C) for a license plate issued under Section | ||
504.614, the public entity that provides or provided funds for the | ||
professional sports team's facility; and | ||
(3) pay to the private vendor the remainder of the fee. | ||
(d) A sponsor of a specialty license plate may reestablish | ||
its specialty license plate under Sections 504.601 and 504.702 and | ||
be credited its previous deposit with the department if a contract | ||
entered into by the sponsor under Subsection (a) terminates. | ||
SECTION 8. Section 504.851, Transportation Code, is amended | ||
by amending Subsections (a-2), (c), (e), (f), and (h), and adding | ||
Subsections (a-3) and (m) to read as follows: | ||
(a-2) Specialty license plates authorized for marketing and | ||
sale under Subsection (a) may be personalized and must include: | ||
(1) specialty license plates created under | ||
Subchapters G and I on or after November 19 [ |
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(2) at the request of the specialty license plate | ||
sponsor, an existing specialty license plate created under | ||
Subchapters G and I before November 19 [ |
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(a-3) The department may contract with the private vendor | ||
for the vendor to: | ||
(1) host all or some of the specialty license plates on | ||
the vendor's website; | ||
(2) process the purchase of specialty license plates | ||
hosted on the vendor's website and pay any additional transaction | ||
cost; and | ||
(3) share in the personalization fee for the license | ||
plates hosted on the vendor's website. | ||
(c) 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 [ |
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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. | ||
(e) The portion of a contract with a private vendor | ||
regarding the marketing and sale of personalized license plates is | ||
payable only from amounts derived from the collection of the fee | ||
established under Subsection (b). The portion of a contract with a | ||
private vendor regarding the marketing, hosting, and sale of | ||
souvenir license plates, specialty license plates, or souvenir or | ||
specialty license plates that are personalized under Section | ||
504.102 is payable only from amounts derived from the collection of | ||
the fee established under Subsection (c). | ||
(f) The department may approve new design and color | ||
combinations for personalized or specialty license plates that are | ||
marketed and sold by a private vendor under a contract entered into | ||
with the private vendor. Each approved license plate design and | ||
color combination remains the property of the department. | ||
(h) Subject to the limitations provided by Subsections (g) | ||
and (g-1), the department may disapprove a design, cancel a license | ||
plate, or require the discontinuation of a license plate design or | ||
color combination that is marketed, hosted, or [ |
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private vendor under contract at any time if the department | ||
determines that the disapproval, cancellation, or discontinuation | ||
is in the best interest of this state or the motoring public. | ||
(m) If the private vendor ceases operation: | ||
(1) the program may be operated temporarily by the | ||
department under new agreements with the license plate sponsors | ||
until another vendor is selected and begins operation; and | ||
(2) the private vendor's share of the revenue is | ||
deposited to the credit of the general revenue fund. | ||
SECTION 9. The heading to Section 504.853, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 504.853. SPECIALTY AND PERSONALIZED LICENSE PLATES | ||
ISSUED BEFORE NOVEMBER 19 [ |
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SECTION 10. Sections 504.853(a), (b), (c), and (e), | ||
Transportation Code, are amended to read as follows: | ||
(a) A specialty or personalized license plate issued before | ||
November 19 [ |
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registration period only if the applicant submits an application | ||
and pays the required fee for the applicable registration | ||
period. A person who is issued a personalized license plate has | ||
first priority on that license plate for each subsequent | ||
registration period for which the person submits a new application | ||
for that plate. | ||
(b) Unless the board by rule adopts a higher fee or the | ||
license plate is not renewed annually, the [ |
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a [ |
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(1) the fee provided for in Section 504.601 for a | ||
specialty license plate; and | ||
(2) $40 for a personalized license plate[ |
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(c) A person who is issued a specialty or personalized | ||
license plate by the department before November 19 [ |
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2009, may: | ||
(1) submit an application for the plate under | ||
Subsection (a) and pay the required fee for each subsequent | ||
registration period under Subsection (b); or | ||
(2) purchase through the private vendor a license to | ||
display the alphanumeric pattern on a license plate for any term | ||
allowed by law. | ||
(e) Of each fee collected by the department under Subsection | ||
(b)(2) [ |
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(1) $1.25 shall be used by the department to defray the | ||
cost of administering this section; and | ||
(2) the remainder shall be deposited to the credit of | ||
the general revenue fund. | ||
SECTION 11. Sections 504.854(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) The board by rule [ |
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private vendor to: | ||
(1) sell at auction a license to display a unique | ||
alphanumeric pattern on a license plate for a period set by board | ||
rule; | ||
(2) reserve an unissued alphanumeric pattern from the | ||
department for purposes of auctioning a license to display the | ||
pattern for a period set by board rule; and | ||
(3) purchase from a customer an unexpired license to | ||
display an alphanumeric pattern for purposes of auction by the | ||
vendor. | ||
(b) A [ |
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purchased under this section [ |
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the fee provided by Section 504.855. [ |
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SECTION 12. Subchapter J, Chapter 504, Transportation Code, | ||
is amended by adding Section 504.855 to read as follows: | ||
Sec. 504.855. TRANSFERABILITY OF CERTAIN PATTERNS. The | ||
board by rule may: | ||
(1) authorize a person who purchases a license to | ||
display an alphanumeric pattern for a period of five years or more | ||
to transfer the license; and | ||
(2) establish a transfer fee to be distributed in | ||
accordance with the contract with the private vendor. | ||
SECTION 13. The following provisions of the Transportation | ||
Code are repealed: | ||
(1) Section 504.851(k); and | ||
(2) Section 504.854(c). | ||
SECTION 14. This Act takes effect September 1, 2011. |