88R15438 BEE-D     By: Goldman, Turner, Sherman, Sr., Leach, H.B. No. 718       González of Dallas, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of certain tags, permits, and license   plates authorizing the movement of vehicles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 501.022(d), Transportation Code, is   amended to read as follows:          (d)  Subsection (c) does not apply to a motor vehicle   operated on a public highway in this state with a metal dealer's   license plate [or a dealer's or buyer's temporary tag] attached to   the vehicle as provided by Chapter 503.          SECTION 2.  Sections 501.0236(b) and (d), Transportation   Code, are amended to read as follows:          (b)  A purchaser to whom this section applies may apply for[:                [(1)]  a title in the manner prescribed by the   department by rule[; and                [(2)  on expiration of the buyer's tag issued to the   purchaser under Section 503.063, a 30-day permit under Section   502.095].          (d)  The department shall waive the payment of fees for[:                [(1)]  a title issued to a purchaser described by this   section[,] if the purchaser can show that fees for a title were paid   to the dealer[; and                [(2)  one 30-day permit issued to a purchaser described   by this section].          SECTION 3.  The heading to Section 502.043, Transportation   Code, is amended to read as follows:          Sec. 502.043.  APPLICATION FOR REGISTRATION [AND CERTAIN   PERMITS].          SECTION 4.  Sections 502.043(a) and (b), Transportation   Code, are amended to read as follows:          (a)  An application for vehicle registration [or a permit   described by Section 502.094 or 502.095] must:                (1)  be made in a manner prescribed and include the   information required by the department by rule; and                (2)  contain a full description of the vehicle as   required by department rule.          (b)  The department shall deny the registration of [or   permitting under Section 502.094 or 502.095 of] a commercial motor   vehicle, truck-tractor, trailer, or semitrailer if the applicant:                (1)  has a business operated, managed, or otherwise   controlled or affiliated with a person who is ineligible for   registration or whose privilege to operate has been suspended,   including the applicant entity, a relative, family member,   corporate officer, or shareholder;                (2)  has a vehicle that has been prohibited from   operating by the Federal Motor Carrier Safety Administration for   safety-related reasons;                (3)  is a carrier whose business is operated, managed,   or otherwise controlled or affiliated with a person who is   ineligible for registration, including the owner, a relative, a   family member, a corporate officer, or a shareholder; or                (4)  fails to deliver to the county assessor-collector   proof of the weight of the vehicle, the maximum load to be carried   on the vehicle, and the gross weight for which the vehicle is to be   registered.          SECTION 5.  Section 502.059(e), Transportation Code, is   amended to read as follows:          (e)  Subsection (c) does not apply to:                (1)  the issuance of specialized license plates as   designated by the department, including state official license   plates and[,] exempt plates for governmental entities[, and   temporary registration plates]; or                (2)  the issuance or validation of replacement license   plates, except as provided by Chapter 504.          SECTION 6.  Section 502.255(g), Transportation Code, is   amended to read as follows:          (g)  This section does not apply to:                (1)  a combination of vehicles that includes a vehicle   that has a distinguishing license plate under Section 502.146;                (2)  a truck-tractor or commercial motor vehicle   registered or to be registered with $5 distinguishing license   plates for which the vehicle is eligible under this chapter;                (3)  a truck-tractor or commercial motor vehicle used   exclusively in combination with a semitrailer of the travel trailer   type; or                (4)  a vehicle registered or to be registered[:                      [(A)  with a temporary registration permit;                      [(B)]  under Section 502.433[;] or                      [(C)  under Section] 502.435.          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), 504.508, or   504.515.          SECTION 8.  Sections 503.038(a) and (c), Transportation   Code, are amended to read as follows:          (a)  The department may cancel a dealer's general   distinguishing number if the dealer:                (1)  falsifies or forges a title document, including an   affidavit making application for a certified copy of a title;                (2)  files a false or forged tax document, including a   sales tax affidavit;                (3)  fails to take assignment of any basic evidence of   ownership, including a certificate of title or manufacturer's   certificate, for a vehicle the dealer acquires;                (4)  fails to assign any basic evidence of ownership,   including a certificate of title or manufacturer's certificate, for   a vehicle the dealer sells;                (5)  uses or permits the use of a metal dealer's license   plate [or a dealer's temporary tag] on a vehicle that the dealer   does not own or control or that is not in stock and offered for sale;                (6)  makes a material misrepresentation in an   application or other information filed with the department;                (7)  fails to maintain the qualifications for a general   distinguishing number;                (8)  fails to provide to the department within 30 days   after the date of demand by the department satisfactory and   reasonable evidence that the person is regularly and actively   engaged in business as a wholesale or retail dealer;                (9)  has been licensed for at least 12 months and has   not assigned at least five vehicles during the previous 12-month   period;                (10)  has failed to demonstrate compliance with   Sections 23.12, 23.121, and 23.122, Tax Code;                (11)  uses or allows the use of the dealer's general   distinguishing number or the location for which the general   distinguishing number is issued to avoid the requirements of this   chapter; or                (12)  [misuses or allows the misuse of a temporary tag   authorized under this chapter;                [(13)  refuses to show on a buyer's temporary tag the   date of sale or other reasonable information required by the   department; or                [(14)]  otherwise violates this chapter or a rule   adopted under this chapter.          (c)  A person whose general distinguishing number is   canceled under this chapter shall surrender to a representative of   the department each license, license plate, [temporary tag,]   sticker, and receipt issued under this chapter not later than the   10th day after the date the general distinguishing number is   canceled. The department shall direct any peace officer to secure   and return to the department any plate, [tag,] sticker, or receipt   of a person who does not comply with this subsection.          SECTION 9.  Section 503.063, Transportation Code, is amended   to read as follows:          Sec. 503.063.  DEALER-ISSUED LICENSE PLATES FOR BUYER   [BUYER'S TEMPORARY TAGS]. (a) Except as provided by this section,   a dealer shall issue to a person who buys a vehicle:                (1)  a license plate or set of license plates, if a   license plate is required by law to be displayed on [one temporary   buyer's tag for] the vehicle; and                (2)  a completed and signed form required by, as   applicable, Section 503.0631(c) or (d).          (b)  A license plate or set of license plates issued under   this section [Except as provided by this section, the buyer's tag]   is valid for the operation of the vehicle while the registration   application submitted by the dealer on behalf of the buyer under   Section 501.0234 is pending [until the earlier of:                [(1)  the date on which the vehicle is registered; or                [(2)  the 60th day after the date of purchase].          (c)  At the time of issuance of a license plate or set of   license plates under this section, the [The] dealer[:                [(1) must show in ink on the buyer's tag the actual date   of sale and any other required information; and                [(2)]  is responsible for displaying the license plate   or set of license plates in compliance with department rules   regarding the placement of license plates [tag].          (d)  The dealer is responsible for the safekeeping and   distribution of each license plate or set of license plates   [buyer's tag] the dealer obtains from the department.          (e)  A dealer shall obtain license plates and sets of license   plates from the [The] department in the manner provided by   department rules [may not issue a buyer's tag or contract for the   issuance of a buyer's tag but shall prescribe:                [(1)  the specifications, color, and form of a buyer's   tag; and                [(2)  procedures for a dealer to:                      [(A)  generate a vehicle-specific number using   the database developed under Section 503.0631 and assign it to each   tag;                      [(B)  generate a vehicle-specific number using   the database developed under Section 503.0631 for future use for   when a dealer is unable to access the Internet at the time of sale;   and                      [(C)  clearly display the vehicle-specific number   on the tag].          (f)  The department shall ensure that a dealer may obtain   [generate] in advance a sufficient amount of license plates or sets   of license plates [vehicle-specific numbers under Subsection   (e)(2)(B)] in order to continue selling vehicles without an   unreasonable disruption of business due to the unavailability of   license plates [for a period of up to one week in which a dealer is   unable to access the Internet due to an emergency]. The department   shall establish an expedited procedure to allow a dealer [affected   dealers] to obtain [apply for] additional license plates or sets of   license plates [vehicle-specific numbers] so the dealer [they] may   remain in business [during an emergency].          (g)  For each license plate or set of license plates issued   to a buyer under this section, the [buyer's temporary tag, a] dealer   shall charge the buyer a registration fee [of not more than $5 as]   prescribed by the department to be sent to the comptroller for   deposit to the credit of the Texas Department of Motor Vehicles   fund.          (h)  A federal, state, or local governmental agency that is   exempt under Section 503.024 from the requirement to obtain a   dealer general distinguishing number may issue one license plate or   set of license plates [temporary buyer's tag] in accordance with   this section for a vehicle sold or otherwise disposed of by the   governmental agency under Chapter 2175, Government Code, or other   law that authorizes the governmental agency to sell or otherwise   dispose of the vehicle. A governmental agency that issues a license   plate or set of license plates [temporary buyer's tag] under this   subsection:                (1)  is subject to the provisions of Section [Sections]   503.0631 [and 503.067] applicable to a dealer; and                (2)  is not required to charge the registration fee   under Subsection (g).          (i)  A vehicle may be issued and display a license plate or   set of license plates under this section [buyer's tag] without   satisfying the inspection requirements of Chapter 548 if:                (1)  the buyer of the vehicle is not a resident of this   state; and                (2)  the vehicle:                      (A)  at the time of purchase, is not located or   required to be titled or registered in this state;                      (B)  will be titled and registered in accordance   with the laws of the buyer's state of residence; and                      (C)  will be inspected in accordance with the laws   of the buyer's state of residence, if the laws of that state require   inspection.          (j)  A vehicle may be issued and display a license plate or   set of license plates under this section [buyer's tag] without   satisfying the inspection requirements of Chapter 548 if the   vehicle is purchased at public auction in this state and is:                (1)  an antique vehicle as defined by Section   683.077(b); or                (2)  a special interest vehicle as defined by Section   683.077(b) that:                      (A)  is at least 12 years of age; and                      (B)  has been the subject of a retail sale.          (k)  A dealer may not issue a license plate or set of license   plates for a vehicle that is exempt from the payment of registration   fees under Subchapter J, Chapter 502, until the department approves   the application for registration of the vehicle.          SECTION 10.  The heading to Section 503.0631, Transportation   Code, is amended to read as follows:          Sec. 503.0631.  [BUYER'S TEMPORARY TAG] DATABASE OF   DEALER-ISSUED LICENSE PLATES.          SECTION 11.  Section 503.0631, Transportation Code, is   amended by amending Subsections (a), (b), (c), and (d) and adding   Subsections (c-1), (d-1), and (d-2) to read as follows:          (a)  The department shall develop, manage, and maintain a   secure, real-time database of information on buyers [persons] to   whom dealers issue a license plate or set of license plates under   Section 503.063 [temporary buyer's tags are issued] that may be   used by a law enforcement agency in the same manner that the agency   uses vehicle registration information.          (b)  The database must allow law enforcement agencies to use   the information required to be included on a license plate [a   vehicle-specific number assigned to and displayed on the tag as   required by Section 503.063(e)(2)] to obtain information about the   person to whom the license plate [tag] was issued.          (c)  Except as provided by Subsection (d), before a license   plate or set of license plates issued under Section 503.063   [buyer's temporary tag] may be displayed on a vehicle, a dealer   must, as prescribed by the department:                (1)  enter into the database through the Internet   information about the buyer of the vehicle for which the license   plate or set of license plates [tag] was issued; [as prescribed by   the department] and                (2)  complete and sign a form prescribed by the   department stating that the dealer entered the buyer's information   into the database as required by Subdivision (1) [generate a   vehicle-specific number for the tag as required by Section   503.063(e)].          (c-1)  Except as provided by Section 503.0633(f)   [506.0632(f)], the department may not deny access to the database   to any dealer who holds a general distinguishing number issued   under this chapter or who is licensed under Chapter 2301,   Occupations Code.          (d)  A dealer shall obtain 24-hour Internet access at its   place of business, but if the dealer is unable to access the   Internet at the time of the sale of a vehicle, the dealer shall   complete and sign a form, as prescribed by the department, that   states the dealer has Internet access, but was unable to access the   Internet at the time of sale to enter the buyer's information into   the database as required by Subsection (c). [The buyer shall keep   the original copy of the form in the vehicle until the vehicle is   registered to the buyer.] Not later than the next business day   after the time of sale, the dealer shall submit the information   required under Subsection (c).          (d-1)  The forms prescribed by the department under   Subsections (c) and (d) must contain a notice to the buyer   describing the procedure by which the vehicle's registration   insignia will be provided to the buyer.          (d-2)  Until a vehicle displaying a license plate or set of   license plates issued under Section 503.063 is registered to the   buyer, the buyer shall keep in the vehicle the original copy of the   form provided by the dealer as required by, as applicable,   Subsection (c) or (d).          SECTION 12.  Subchapter C, Chapter 503, Transportation Code,   is amended by adding Section 503.0633 to read as follows:          Sec. 503.0633.  DEPARTMENT REGULATION OF DEALER-ISSUED   LICENSE PLATES AND ACCESS TO DATABASE OF DEALER-ISSUED LICENSE   PLATES.  (a) The department by rule may establish the maximum   number of license plates or sets of license plates that a dealer may   obtain in a calendar year under Section 503.063.          (b)  The maximum number of license plates or sets of license   plates that the department determines a dealer may obtain under   this section must be based on the dealer's anticipated need for   license plates and sets of license plates, taking into   consideration:                (1)  the dealer's:                      (A)  time in operation;                      (B)  sales data; and                      (C)  expected growth;                (2)  expected changes in the dealer's market;                (3)  temporary conditions that may affect sales by the   dealer; and                (4)  any other information the department considers   relevant.          (c)  At the request of a dealer, the department may authorize   additional license plates or sets of license plates for the dealer   if the dealer demonstrates a need for additional license plates or   sets of license plates resulting from business operations,   including anticipated need.          (d)  The department's denial of a request under Subsection   (c) may be overturned if a dealer shows by a preponderance of the   evidence the need for additional license plates or sets of license   plates.          (e)  The department shall monitor the number of license   plates and sets of license plates obtained by a dealer.          (f)  If the department determines that a dealer is   fraudulently obtaining license plates or sets of license plates or   fraudulently using the database of dealer-issued license plates,   the department may, after giving notice electronically and by   certified mail to the dealer, deny access to the database of   dealer-issued license plates to the dealer. A dealer denied access   to the database of dealer-issued license plates under this   subsection may request a hearing on the denial as provided by   Subchapter O, Chapter 2301, Occupations Code.          SECTION 13.  Subchapter C, Chapter 503, Transportation Code,   is amended by adding Section 503.0671 to read as follows:          Sec. 503.0671.  UNAUTHORIZED USE OR DISTRIBUTION OF   DEALER-ISSUED LICENSE PLATE. (a) A person may not operate a   vehicle that displays a dealer-issued license plate or set of   license plates in violation of this chapter or Chapter 502.          (b)  A person may not sell or distribute a dealer-issued   license plate or set of license plates or an item represented to be   a dealer-issued license plate or set of license plates unless the   person is a dealer issuing the license plate or set of license   plates in connection with the sale of a vehicle.          SECTION 14.  The heading to Section 503.068, Transportation   Code, is amended to read as follows:          Sec. 503.068.  LIMITATION ON USE OF DEALER'S LICENSE PLATES   [AND TAGS].          SECTION 15.  Sections 503.068(b), (c), and (d),   Transportation Code, are amended to read as follows:          (b)  A person may not use a metal dealer's license plate [or   dealer's temporary tag] on:                (1)  a service or work vehicle, except as provided by   Subsection (b-1); or                (2)  a commercial vehicle that is carrying a load.          (c)  For purposes of this section, a boat trailer carrying a   boat is not a commercial vehicle carrying a load.  A dealer   complying with this chapter may affix to the rear of a boat trailer   the dealer owns or sells a metal dealer's license plate issued under   Section 503.061 or dealer-issued license plate [temporary tag]   issued under Section [503.061, 503.062, or] 503.063.          (d)  This section does not prohibit the operation or   conveyance of an unregistered vehicle using the full-mount method,   saddle-mount method, tow-bar method, or a combination of those   methods in accordance with Section [503.062 or] 503.063.          SECTION 16.  The heading to Section 503.069, Transportation   Code, is amended to read as follows:          Sec. 503.069.  DISPLAY OF LICENSE PLATES [AND TAGS].          SECTION 17.  Section 503.069(a), Transportation Code, is   amended to read as follows:          (a)  A license plate, other than an in-transit license plate,   [or a temporary tag] issued under this chapter shall be displayed in   accordance with commission rules.          SECTION 18.  Section 504.007(f), Transportation Code, is   amended to read as follows:          (f)  Subsection (e) does not apply to the issuance of   specialized license plates for limited distribution, including   exempt plates for governmental entities [and temporary   registration plates].          SECTION 19.  Section 520.051(3), Transportation Code, is   amended to read as follows:                (3)  "Title documents" means motor vehicle title   applications, motor vehicle registration renewal applications,   motor vehicle mechanic's lien title applications, motor vehicle   storage lien title applications, [motor vehicle temporary   registration permits,] motor vehicle title application transfers   occasioned by the death of the title holder, or notifications under   Chapter 683 of this code or Chapter 70, Property Code.          SECTION 20.  Section 548.052, Transportation Code, is   amended to read as follows:          Sec. 548.052.  VEHICLES NOT SUBJECT TO INSPECTION. This   chapter does not apply to:                (1)  a trailer, semitrailer, pole trailer, or mobile   home moving under or bearing a current factory-delivery license   plate or current in-transit license plate;                (2)  a vehicle moving under or bearing a [paper dealer   in-transit tag,] machinery license, disaster license, parade   license, prorate tab, [one-trip permit, vehicle temporary transit   permit,] antique license, custom vehicle license, street rod   license, [temporary 24-hour permit,] or permit license;                (3)  a trailer, semitrailer, pole trailer, or mobile   home having an actual gross weight or registered gross weight of   7,500 pounds or less;                (4)  farm machinery, road-building equipment, a farm   trailer, or a vehicle required to display a slow-moving-vehicle   emblem under Section 547.703;                (5)  a former military vehicle, as defined by Section   504.502;                (6)  a vehicle qualified for a tax exemption under   Section 152.092, Tax Code; or                (7)  a vehicle for which a certificate of title has been   issued but that is not required to be registered, including an   off-highway vehicle registered under Section 502.140(c).          SECTION 21.  Section 601.002(12), Transportation Code, is   amended to read as follows:                (12)  "Vehicle registration" means:                      (A)  a registration certificate, registration   receipt, or number plate issued under Chapter 502; or                      (B)  a dealer's license plate [or temporary tag]   issued under Chapter 503.          SECTION 22.  Section 648.101(a), Transportation Code, is   amended to read as follows:          (a)  A foreign commercial motor vehicle is exempt from   Chapter 502 and any other law of this state requiring the vehicle to   be registered in this state[, including a law providing for a   temporary registration permit,] if:                (1)  the vehicle is engaged solely in transportation of   cargo across the border into or from a border commercial zone;                (2)  for each load of cargo transported the vehicle   remains in this state:                      (A)  not more than 24 hours; or                      (B)  not more than 48 hours, if:                            (i)  the vehicle is unable to leave this   state within 24 hours because of circumstances beyond the control   of the motor carrier operating the vehicle; and                            (ii)  all financial responsibility   requirements applying to the vehicle are satisfied;                (3)  the vehicle is registered and licensed as required   by the country in which the person that owns the vehicle is   domiciled or is a citizen as evidenced by a valid metal license   plate attached to the front or rear of the exterior of the vehicle;   and                (4)  the country in which the person that owns the   vehicle is domiciled or is a citizen provides a reciprocal   exemption for commercial motor vehicles owned by residents of this   state.          SECTION 23.  Section 418.016(f), Government Code, is amended   to read as follows:          (f)  The governor may suspend any of the following   requirements in response to an emergency or disaster declaration of   another jurisdiction if strict compliance with the requirement   would prevent, hinder, or delay necessary action in assisting   another state with coping with an emergency or disaster:                (1)  a registration requirement in an agreement entered   into under the International Registration Plan under Section   502.091, Transportation Code, to the extent authorized by federal   law;                (2)  [a temporary registration permit requirement   under Section 502.094, Transportation Code;                [(3)]  a provision of Subtitle E, Title 7,   Transportation Code, to the extent authorized by federal law;                (3) [(4)]  a motor carrier registration requirement   under Chapter 643, Transportation Code;                (4) [(5)]  a registration requirement under Chapter   645, Transportation Code, to the extent authorized by federal law;   or                (5) [(6)]  a fuel tax requirement under the   International Fuel Tax Agreement described by 49 U.S.C. Section   31701 et seq., to the extent authorized by federal law.          SECTION 24.  The following provisions of the Transportation   Code are repealed:                (1)  Section 502.092;                (2)  Section 502.093;                (3)  Section 502.094;                (4)  Section 502.095;                (5)  Section 502.474;                (6)  Section 502.476;                (7)  Section 502.477;                (8)  Section 502.492;                (9)  Section 503.062;                (10)  Section 503.0625;                (11)  Section 503.0626;                (12)  Section 503.0632;                (13)  Section 503.065;                (14)  Section 503.067;                (15)  Section 503.068(a); and                (16)  Section 503.094(d).          SECTION 25.  The changes in law made by this Act apply only   to an offense committed on or after March 1, 2025. An offense   committed before March 1, 2025, 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 March 1, 2025, if any element of the   offense was committed before that date.          SECTION 26.  Not later than March 1, 2024, the Texas   Department of Motor Vehicles shall:                (1)  adopt rules necessary to implement the changes in   law made by this Act; and                (2)  create the database described by Section 503.0631,   Transportation Code, as amended by this Act.          SECTION 27.  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 28.  (a) Except as otherwise provided by Subsection   (b) of this section, this Act takes effect March 1, 2025.          (b)  Section 26 of this Act takes effect September 1, 2023.