43 TAC §§17.20, 17.24, 17.28, 17.50
The Texas Department of Transportation (department) adopts
amendments to §§17.20, 17.24, 17.28, and 17.50, concerning motor
vehicle registration. Section 17.28 is adopted with changes to the proposed
text as published in the November 15, 2002, issue of the
Texas Register
(27 TexReg 10706). Sections 17.20, 17.24, and 17.50
are adopted without changes to the proposed text as published in the November
15, 2002, issue of the
Texas Register
and
will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Currently motorists must obtain specialty and exempt license plates directly
from the department. The amendments will permit motorists to obtain specialty
and exempt license plates from their local county tax assessor-collectors,
where they already perform title and registration transactions. This will
improve efficiency and make it easier for motorists to obtain these plates.
In addition, the amendments adjust the fees for specialty plates to take
into account several recent legislative enactments that allow for registration
periods of more or less than 12 months. The amendments also allow greater
flexibility in transferring specialty plates between vehicles and between
motorists. The amendments also enhance the department's handling of seized
disabled placards. The amendments also make technical changes in the handling
of some specialty plates to facilitate administration of the program and allow
for the issuance of temporary cardboard tags while a motorist is waiting for
a specialty plate to be manufactured. Terminology is standardized by using
the term "specialty plate" throughout. Finally, nonsubstantive changes are
made to update citations, improve grammar, and enhance readability and clarity.
Section 17.20 is amended to update a citation, to conform the cross-reference
to current Texas Register style, and to improve grammar and readability.
Section 17.24 is amended to improve the process under which the department
hears appeals relating to the seizure of disabled placards. Amendments are
also made to shorten and clarify some phrases.
Section 17.24(g) is amended to provide more detailed guidance regarding
the handling of appeals from the seizure of disabled placards. Under Transportation
Code, §681.012, law enforcement officers seize disabled placards that
are misused in connection with parking violations. The officers then send
the placards to the department. If a motorist petitions to have a placard
returned, the department must hold a hearing. The amendments require that
the department be provided with a copy of the parking citation and with a
short explanation of the nature of the violation at the time the original
placard is submitted. This has proved necessary because it is difficult for
the department to defend the seizure without knowledge of the underlying circumstances.
In addition, the amendments specify the situations in which the department
may return the seized placard without a hearing. Finally, the amendments clarify
that the department's attorneys in the Attorney General's Office may settle
a case depending on its particular facts.
Section 17.28 is amended to provide that applications for most specialty
plates will be made to county tax assessor-collectors instead of to the department.
Motorists are given more flexibility in transferring specialty plates between
vehicles and owners, and specialty plate fees are coordinated with registration
fees when registration periods are more or less than 12 months. Additional
technical changes are made to the handling of individual plates, and nonsubstantive
changes are made to enhance readability.
Section 17.28(b)(1)(B)(i) is amended so that some applications need not
include the signature of the applicant. This will permit the more efficient
handling of some applications and facilitate the simultaneous renewal of specialty
plates and registration.
Section 17.28(b)(2)(B)(iii) is added to address the fees for specialty
plates when the legislature has determined that the registration period for
a vehicle may be more or less than 12 months. In that case, the legislative
intent can best be accomplished by coordinating the expiration dates for the
specialty plates and their fees with the revised registration period.
Section 17.28(b)(3) is amended to provide that applications for specialty
plates should be filed with tax assessor-collectors, except for a few plates
that have very selective distribution. This will improve efficiency by more
closely coordinating issuance of specialty plates with registration and will
make it easier for the public to obtain and renew specialty plates.
Section 17.28(c)(2) is amended to change the wording on the Volunteer Firefighter
plate from "Vol Firefighter" to "Certified Firefighter." The new wording better
reflects the categories of persons eligible for this plate.
Section 17.28(c)(3)(B)(iii) is amended to add classic motorcycle plates
and disabled veteran motorcycle plates to the list of vehicles receiving only
one license plate. Classic motorcycle plates had been inadvertently omitted
from this list, while disabled veteran motorcycle plates are newly authorized.
Section 17.28(c)(8)(B) is amended to remove the limitation of four or five
characters on some personal plates because this limitation is no longer necessary.
Section 17.28(c)(8)(D) is amended to eliminate the prohibition on the issuance
of personalized plates for exempt vehicles. Exempt vehicles may now be eligible
for personalized plates on payment of the normal fee for personalized plates.
Section 17.28(c)(8)(E) is amended to add Apportioned, Congressional Medal
of Honor, Fertilizer, and Volunteer Firefighter plates to the list of plates
that cannot be personalized. These plates were inadvertently omitted from
the list in the past.
Section 17.28(d)(1)(A) is amended to eliminate the provision that the listed
five-year plates will always expire in March. This change will permit the
department to stagger the expiration dates of these plates and thus to distribute
work more evenly through the year.
Section 17.28(d)(1)(B) is amended to add U.S. Congress, U.S. Judge, and
State Judge plates to the list of plates expiring each March. These plates
were formerly considered to fall under the broad category of State Official
plates, but are now being given separate consideration. Forestry Vehicle,
Former Prisoner of War, Legion of Valor, and Pearl Harbor Survivor plates
are deleted from the list to permit the department to stagger the expiration
dates of these plates and thus to distribute work more evenly through the
year.
Former §17.28(d)(1)(C) is deleted to eliminate the provision that
the listed plates will always expire in June. This change will permit the
department to stagger the expiration dates of these plates and thus to distribute
work more evenly through the year. Succeeding paragraphs are renumbered accordingly.
Section 17.28(d)(1)(E) is added to ensure that most specialty plates expire
at the same time as a vehicle's registration.
Section 17.28(d)(2)(A) is amended to provide that renewal applications
for specialty plates be filed with the tax assessor-collectors instead of
with the department, except for those applications that must be filed directly
with the department by statute. Renewal notices will be sent out 60 days before
expiration of the existing plates, and they will be incorporated with renewal
notices for registration. These changes will improve efficiency by more closely
coordinating issuance of specialty plates with registration and will make
it easier for the public to renew specialty plates.
Section 17.28(d)(2)(B) is amended to provide that fees must be paid to
tax assessor-collectors even when documentation is provided directly to the
department. This concentrates the payment of registration and special plate
fees with the counties, which will promote efficiency.
Section 17.28(d)(2)(D) is amended to remove Legion of Valor and Honorary
Consul plates from the list of specialty plates for which new plates will
be issued when the old plates expire. This change will permit the department
to issue multi-year plates, which will reduce the costs associated with those
plates. State Judge, County Judge, U.S. Congress, U.S. Judge plates are added
to the list of plates that are replaced each year. These plates were formerly
considered to fall under the broad category of State Official plates, but
are now being given separate consideration.
Section 17.28(e) is amended to provide greater flexibility in transferring
plates between vehicles, persons, or both. Section 17.28(e)(1) is amended
to allow the transfer of plates between vehicles, except those plates whose
distribution is limited to particular vehicles. Section 17.28(e)(2) is amended
to allow the transfer of plates between persons, except those plates whose
distribution is limited to particular persons. Section 17.28(e)(3) is added
to clarify that if a plate is being transferred between vehicles and persons
at the same time, the transfer must meet all the criteria for each kind of
transfer. In any case, transfer is only permitted after the filing of an application
with the county tax assessor-collector. These changes will provide motorists
with greater flexibility while ensuring that the department's records are
always kept current.
Section 17.28(f)(2) is amended so that the department can issue temporary
cardboard tags instead of permanent license plates when specialty license
plates, symbols, tabs, or other devices are lost, stolen, or mutilated. This
change is intended to provide savings by avoiding the issuance of a relatively
expensive, long-lasting plate for temporary use that may be limited to a few
weeks.
Section 17.50 is amended to provide that applications for exempt plates
will be made to county tax assessor-collectors instead of to the department.
Nonsubstantive changes are also made to improve readability.
Section 17.50(a)(2)(D) is eliminated as unnecessary. The issuance of disabled
placards for use with exempt vehicles is already adequately addressed in §17.24(c)(4).
Former §17.50(a)(3) is separated into subparagraphs (A), (B), and
(C) to distinguish more clearly among the application requirements for different
kinds of exempt registrations that display ordinary plates. In addition, subparagraph
(D) is added to address the issuance of exempt registration to university
presidents under Education Code, §51.932.
Section 17.50(c)(1) is amended to provide that applications for exempt
registration must be filed with the county tax assessor-collectors, instead
of with the department. This will make it easier for eligible entities to
obtain and renew exempt plates.
Section 17.50(c)(3) is deleted. By not requiring the surrender of damaged
exempt plates, the department will be treating exempt and non-exempt plates
in the same manner.
COMMENTS
Written comments were received from the Comanche County Tax Assessor-Collector
Office and the Mills County Tax Assessor-Collector Office. The comments did
not indicate whether the commenters were in favor of, or against the proposed
amendments.
Comment: Both commenters expressed concern about the responsibility and
burden placed on their offices for verification of an applicant's eligibility
for military license plates and verification of the authenticity of the documents
presented.
Response: The department acknowledges that an increased amount of time
will be required to examine documentation presented by applicants for military
license plates or other license plate categories for which eligibility criteria
exists. Nonetheless, it is the burden of the applicant to present proper documentation,
not the burden of the county to conduct an independent verification process
to determine the authenticity of those documents. Therefore, the increased
time required to process these applications will be substantially less than
anticipated by the commenters.
Comment: Both commenters suggested that the state should consider supplementing
the income of the county vehicle registration offices with funds saved from
the reduction in the department's workload as a result of these amendments.
Response: The department does not have the authority to compensate the
County Tax Assessor-Collectors beyond what is allowed by statute for performing
registration functions.
Comment: Both commenters requested that the department advise the County
Commissioners Court in their respective counties of the additional responsibilities
and workloads that are being placed on the County Tax Assessor-Collector Offices.
Response: The additional responsibilities and workloads placed on the County
Tax Assessor-Collector Offices are set forth in these rules. Moreover, the
department will provide additional detail to the county offices prior to implementation.
The department is making two nonsubstantive corrections on final adoption.
Section 17.28(c)(8)(B) has been changed to clarify that more than one silhouette
of Texas may be used in conjunction with the license plate number on a personalized
license plate.
Section 17.28(c)(8)(C) has been changed by adding "by the director" to
make explicit that the director of the Vehicle Titles and Registration Division
is the person responsible for approval or non-approval of a personalized license
plate number.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the department. The amendments are also
adopted under Transportation Code, §502.0021, which authorizes the department
to establish rules governing the registration of motor vehicles.
§17.28.Specialty License Plates, Symbols, Tabs, and Other Devices.
(a)
Purpose and Scope. Transportation Code, Chapter 502, charges
the department with the responsibility of issuing a plate or plates, symbols,
tabs, or other devices that, when attached to a vehicle as prescribed by the
department, act as the legal registration insignia for the period issued.
In addition, Transportation Code, Chapter 502, charges the department with
providing specialty license plates, symbols, tabs, and other devices. For
the department to perform these duties efficiently and effectively, this section
prescribes the policies and procedures for the application, issuance, and
renewal of specialty license plates, symbols, tabs, and other devices, through
the county tax assessor-collectors, and establishes application fees, expiration
dates, and registration periods for certain specialty license plates.
(b)
Initial application for specialty license plates, symbols,
tabs, or other devices.
(1)
Application Process.
(A)
Procedure. An owner of a vehicle registered as specified
in §17.22 of this subchapter (relating to Motor Vehicle Registration),
who wishes to apply for a specialty license plate, symbol, tab, or other device
must do so on a form prescribed by the director.
(B)
Form requirements. The application form shall at a minimum
require the name and complete address of the applicant.
(2)
Fees and Documentation.
(A)
The application must be accompanied by the prescribed registration
fee, unless exempted by statute.
(B)
The application must be accompanied by the statutorily
prescribed annual specialty license plate fee, with the following exceptions.
(i)
The New Millennium license plate fee shall include a $5
administrative fee in addition to the statutorily prescribed fee.
(ii)
The Read to Succeed license plate fee shall include a
$5 administrative fee in addition to the statutorily prescribed fee.
(iii)
If a registration period is other than 12 months, the
expiration date of a specialty license plate, symbol, tab, or other device
will be aligned with the registration period and the specialty plate fee will
be adjusted to yield the appropriate annual fee.
(C)
The application must be accompanied by prescribed local
fees or other fees that are collected in conjunction with registering a vehicle,
with the exception of vehicles bearing license plates that are exempt by statute.
(D)
The application must include evidence of eligibility for
any specialty license. The evidence of eligibility may include, but is not
limited to:
(i)
a license issued by a governmental entity;
(ii)
a letter issued by a governmental entity on that agency's
letterhead;
(iii)
discharge papers; and
(iv)
marriage and death certificates.
(E)
Initial applications for license plates for display on
Exhibition Vehicles must include a photograph of the completed vehicle.
(3)
Place of application. Applications for specialty license
plates must be made directly to the county tax assessor-collector, except
that applications for the following license plates must be made directly to
the department:
(A)
Congressional Medal of Honor;
(B)
State Judge;
(C)
State Official;
(D)
U.S. Congress-House;
(E)
U.S. Congress-Senate; and
(F)
U.S. Judge.
(c)
Initial issuance of specialty license plates, symbols,
tabs, or other devices.
(1)
Issuance. On receipt of a complete initial application
for registration, accompanied by the prescribed documentation and fees, the
department will issue specialty license plates, symbols, tabs, or other devices
to be displayed on the vehicle for which the license plates, symbols, tabs,
or other devices were issued for the current registration period. If the vehicle
for which the specialty license plates, symbols, tabs, or other devices are
issued is currently registered, the owner must surrender the license plates
currently displayed on the vehicle, along with the corresponding license receipt,
before the specialty license plates may be issued.
(2)
Category name on license plates. Specialty license plates
will bear the statutorily prescribed name of the plate or category, with the
following exceptions.
(A)
The department will issue Disaster Relief license plates
bearing the word "Disaster."
(B)
The department will issue license plates, symbols, tabs,
or other devices for display on Exhibition Vehicles bearing the words "Antique
Vehicle," "Antique Motorcycle," or "Military Vehicle."
(C)
The department will issue Parade license plates bearing
the suffix "PAR."
(D)
The department will issue Volunteer Firefighter license
plates bearing the words "Certified Firefighter".
(3)
Number of plates issued.
(A)
Two plates. Unless otherwise listed in subparagraph (B)
of this paragraph, two specialty license plates, each bearing the same license
plate number, will be issued per vehicle.
(B)
One plate. One license plate will be issued per vehicle
for the following license plate categories:
(i)
Antique Motorcycle;
(ii)
Antique Vehicle;
(iii)
Classic Motorcycle;
(iv)
Cotton Vehicle;
(v)
Disabled Veteran Motorcycle;
(vi)
Disaster Relief;
(vii)
Forestry Vehicle;
(viii)
Golf Cart;
(ix)
Log Loader;
(x)
Former Military Vehicle; and
(xi)
Parade.
(C)
Registration number. The identification number assigned
by the military may be approved as the registration number instead of displaying
Former Military Vehicle license plates on a Former Military Vehicle.
(4)
Validation stickers and tabs. Instead of license plates,
the department will issue validation stickers and tabs to the following vehicles.
(A)
Classic Motor Vehicles. Validation stickers will be issued
for display on vehicles with existing Texas license plates that were originally
issued the same year as the model year of a Classic Motor Vehicle.
(B)
Certain Exhibition Vehicles. Validation stickers or tabs
will be issued for display on vehicles with existing Texas license plates
that were originally issued the same year as the model year of the Exhibition
Vehicle, except Former Military Vehicles.
(5)
Assignment of plates.
(A)
Title holder. Unless otherwise exempted by law or this
section, the vehicle on which specialty license plates, symbols, tabs, or
other devices is to be displayed shall be titled in the name of the person
to whom the specialty license plates, symbols, tabs, or other devices is assigned,
or a certificate of title application shall be filed in that person's name
at the time the specialty license plates, symbols, tabs, or other devices
are issued.
(B)
Non-owner vehicle. If the vehicle is titled in a name other
than that of the applicant, the applicant must provide evidence of having
the legal right of possession and control of the vehicle.
(C)
Leased vehicle. In the case of a leased vehicle, the applicant
must provide a copy of the lease agreement verifying that the applicant currently
leases the vehicle.
(6)
Classification of golf carts. If a golf cart does not meet
the statutorily prescribed criteria for golf cart license plates but must
be registered, its registration classification will be determined by whether
it is designed as a 4-wheeled truck, a 4-wheeled passenger vehicle, or a 3-wheeled
motorcycle.
(7)
Number of vehicles. An owner may purchase specialty license
plates, symbols, tabs, or other devices for an unlimited number of vehicles,
unless the statute limits the number of vehicles for which the specialty license
plate may be issued.
(8)
Personalized plate numbers.
(A)
Issuance. The director will issue a personalized license
plate number subject to the exceptions set forth in this paragraph.
(B)
Character limit. A personalized license plate number may
contain no more than six alpha or numeric characters or a combination of characters.
Spaces, hyphens, periods, or silhouettes of the state of Texas may be used
in conjunction with the license plate number.
(C)
Personalized plates not approved. A personalized license
plate number will not be approved by the director if the number:
(i)
conflicts with the department's current or proposed regular
license plate numbering system;
(ii)
is determined to be obscene or objectionable by the director;
or
(iii)
is currently issued to another owner.
(D)
Classifications of vehicles eligible for personalized plates.
Personalized plates are available for all classifications of vehicles.
(E)
Categories of plates for which personalized plates are
not available. Personalized license plate numbers are not available for display
for the following specialty license plates:
(i)
Amateur Radio (other than the official call letters of
the vehicle owner);
(ii)
Antique Motorcycle;
(iii)
Antique Vehicle;
(iv)
Apportioned;
(v)
Armed Forces Reserve;
(vi)
Congressional Medal of Honor;
(vii)
Cotton Vehicle;
(viii)
County Judge;
(ix)
Disabled Veteran;
(x)
Disaster Relief;
(xi)
Farm Trailer;
(xii)
Farm Truck;
(xiii)
Farm Truck Tractor;
(xiv)
Fertilizer;
(xv)
Five Year Token Trailer;
(xvi)
Foreign Organization;
(xvii)
Forestry Vehicle;
(xviii)
Former Prisoner of War;
(xix)
Golf Cart;
(xx)
Honorary Consul;
(xxi)
Legion of Valor;
(xxii)
Log Loader;
(xxiii)
Machinery;
(xxiv)
Former Military Vehicle;
(xxv)
Parade;
(xxvi)
Permit;
(xxvii)
Rental Trailer;
(xxviii)
Soil Conservation;
(xxix)
Texas Guard; and
(xxx)
Volunteer Firefighter.
(F)
Fee. The statutorily prescribed personalized license plate
fee will be charged in addition to any prescribed specialty license plate
fee.
(G)
Priority. Once a personalized license plate number has
been assigned to an applicant, the owner shall have priority to that number
for succeeding years if a timely renewal application is submitted to the county
tax assessor-collector each year in accordance with subsection (d) of this
section.
(d)
Specialty license plate renewal.
(1)
Length of validation. All specialty license plates, symbols,
tabs, or other devices shall be valid for 12 months from the month of issuance,
with the following exceptions.
(A)
Five year period. The following license plates and registration
numbers are issued for a five year period:
(i)
Antique Vehicle and Antique Motorcycle license plates and
Antique tabs;
(ii)
Former Military Vehicle license plates and registration
numbers; and
(iii)
Parade license plates.
(B)
March expiration dates. The following license plates are
issued for a 12 month period:
(i)
Congressional Medal of Honor;
(ii)
Cotton Vehicle;
(iii)
County Judge;
(iv)
Disaster Relief;
(v)
State Judge;
(vi)
State Official;
(vii)
U.S. Congress-House;
(viii)
U.S. Congress-Senate; and
(ix)
U.S. Judge.
(C)
September expiration dates. Log Loader license plates are
issued for a 12 month period.
(D)
No expiration date. Foreign Organization license plates
are valid for as long as the registered vehicle is owned and operated by the
foreign organization.
(E)
Except as otherwise provided in this paragraph, if a vehicle's
registration period is other than 12 months, the expiration date of the specialty
license plate, symbol, tab, or other device will be set to align it with the
expiration of registration.
(2)
Renewal.
(A)
Renewal Notice. Approximately 60 days before the expiration
date of a specialty license plate, symbol, tab, or other device, the department
will send each owner a renewal notice that includes the amount of the specialty
plate fee and the registration fee.
(B)
Return of Notice. The owner must return the fee and any
prescribed documentation to the tax assessor-collector of the county in which
the owner resides, except that the owner of a vehicle with one of the following
license plates must return the fee to the county tax assessor-collector and
documentation directly to the department:
(i)
Congressional Medal of Honor;
(ii)
State Judge;
(iii)
State Official;
(iv)
U.S. Congress-House;
(v)
U.S. Congress-Senate; and
(vi)
U.S. Judge.
(C)
Expired plate numbers. The department will retain a specialty
license plate number for 60 days after the expiration date of the plates if
the plates are not renewed on or before their expiration date. After 60 days
the number may be reissued to a new applicant. All specialty license plate
renewals received after the expiration of the 60 days will be treated as new
applications.
(D)
Issuance of validation insignia. On receipt of a completed
license plate renewal application and prescribed documentation, the department
will issue registration validation insignia as specified in §17.22 of
this subchapter, except for those plates listed in clause (i) or (ii) of this
subparagraph or unless this section or other law requires the issuance of
new license plates to the owner.
(i)
New license plates will be issued when the following specialty
license plates expire:
(I)
Antique Motorcycle;
(II)
Antique Vehicle;
(III)
Congressional Medal of Honor;
(IV)
County Judge;
(V)
Disaster Relief;
(VI)
Former Military Vehicle;
(VII)
Parade;
(VIII)
State Judge;
(IX)
State Official;
(X)
U.S. Congress-House;
(XI)
U.S. Congress-Senate; and
(XII)
U.S. Judge.
(ii)
New license plates shall be issued every six years for
renewed personalized license plates, and every eight years for other specialty
license plates, in accordance with the provisions of §17.22 of this subchapter.
(E)
Lost or destroyed renewal notices. If a renewal notice
is lost, destroyed, or not received by the vehicle owner, the specialty license
plates, symbol, tab, or other device may be renewed if the owner provides
acceptable personal identification along with the appropriate fees and documentation.
Failure to receive the notice does not relieve the owner of the responsibility
to renew the vehicle's registration.
(e)
Transfer of specialty license plates.
(1)
Transfer between vehicles.
(A)
Transferable between vehicles. The owner of a vehicle with
specialty license plates, symbols, tabs, or other devices may transfer the
specialty plates between vehicles by filing an application through the county
tax assessor-collector if the vehicle to which the plates are transferred:
(i)
is titled or leased in the owner's name; and
(ii)
meets the vehicle classification requirements for that
particular specialty license plate, symbol, tab, or other device.
(B)
Non-transferable between vehicles. The following specialty
license plates, symbols, tabs, or other devices are non-transferable between
vehicles:
(i)
Antique Vehicle and Antique Motorcycle license plates and
Antique tabs;
(ii)
Former Military Vehicle license plates and registration
numbers;
(iii)
Classic Auto, Classic Truck, and Classic Motorcycle license
plates and Texas Classic validation stickers;
(iv)
Parade license plates;
(v)
Forestry Vehicle license plates; and
(vi)
Log Loader license plates.
(2)
Transfer between owners.
(A)
Transferable between owners. Specialty license plates,
symbols, tabs, or other devices are transferable from one person to another
by filing an application with the county tax assessor-collector and paying
the full annual fee if the new owner is eligible for that particular specialty
license plate, symbol, tab, or other device.
(B)
Non-transferable between owners. The following specialty
license plates, symbols, tabs, or other devices are not transferable from
one person to another except as specifically permitted by statute.
(i)
Amateur Radio;
(ii)
Antique Motorcycle;
(iii)
Antique Vehicle;
(iv)
Armed Forces Reserve;
(v)
Armed Forces;
(vi)
Classic Auto;
(vii)
Classic Motorcycle;
(viii)
Classic Truck;
(ix)
Coast Guard Auxiliary;
(x)
Congressional Medal of Honor;
(xi)
Cotton Vehicle;
(xii)
County Judge;
(xiii)
Desert Storm;
(xiv)
Disabled Veteran;
(xv)
Disaster Relief;
(xvi)
Foreign Organization;
(xvii)
Forestry Vehicle;
(xviii)
Former Prisoner of War;
(xix)
Gold Star Mother;
(xx)
Honorary Consul;
(xxi)
Korea Veteran;
(xxii)
Legion of Valor;
(xxiii)
Log Loader;
(xxiv)
Marine Corps League;
(xxv)
Merchant Marine;
(xxvi)
Former Military Vehicle;
(xxvii)
Parade;
(xxviii)
Peace Officer;
(xxix)
Pearl Harbor Survivor;
(xxx)
Permit;
(xxxi)
Purple Heart;
(xxxii)
Soil Conservation;
(xxxiii)
State Judge;
(xxxiv)
State Official;
(xxxv)
Texas Guard;
(xxxvi)
Texas Wing Civil Air Patrol;
(xxxvii)
U.S. Congress-House;
(xxxviii)
U.S. Congress-Senate;
(xxxix)
U.S. Judge;
(xl)
Vietnam Veteran;
(xli)
Volunteer Firefighter; and
(xlii)
World War II Veteran.
(3)
Simultaneous transfer between owners and vehicles. Specialty
license plates, symbols, tabs, or other devices are transferable between owners
and vehicles simultaneously only if the owners and vehicles meet all the requirements
in both paragraph (1) and (2) of this subsection.
(f)
Replacement.
(1)
Application. When specialty license plates, symbols, tabs,
or other devices are lost, stolen, or mutilated, the owner shall apply directly
to the county tax assessor-collector for the issuance of replacements, except
that Log Loader license plates must be reapplied for and accompanied by the
prescribed fees and documentation.
(2)
Interim replacement tags. If the specialty license plate,
symbol, tab, or other device is lost, destroyed, or mutilated to such an extent
that it is unusable, and if issuance of a replacement license plate would
require that it be remanufactured, the owner must pay the statutory replacement
fee, and the department will issue a temporary cardboard tag for interim use.
The owner's specialty license plate number will be shown on the temporary
cardboard tag.
(3)
Stolen vehicles. The county tax assessor-collector will
not approve the issuance of replacement license plates with the same personalized
license plate number when the department's records indicate that the vehicle
displaying the personalized license plates, symbols, tabs, or other devices
or the license plates, symbols, tabs, or other devices themselves were reported
as stolen. On expiration or recovery of the stolen vehicle or license plates,
symbols, tabs, or other devices, the department will issue, at the owner's
request, replacement license plates, symbols, tabs, or other devices bearing
the same personalized number as those that were stolen.
(g)
Discontinuance of certain license plates. The department
will discontinue issuance of certain license plates identified in Transportation
Code, §502.2525, unless the following conditions are met.
(1)
The department will continue issuance of a license plate
if, prior to January 1, 2004:
(A)
the department has issued the statutorily prescribed number
of sets of license plates for the particular category, institution, college,
university, or sports team;
(B)
the department has received a minimum of $15,000 from the
issuance of license plates for the particular category, institution, college,
university, or sports team;
(C)
the license plates are presold, the sponsoring entity for
that license plate has submitted the statutorily prescribed number of properly
executed applications for license plates for the particular category, institution,
college, university, or sports team, accompanied by a single payment, made
payable to the Texas Department of Transportation, in an amount equal to the
prescribed fees for issuance of those license plates;
(D)
the sponsoring entity for that license plate has submitted
a deposit in the amount of $15,000 in the form of a single payment, made payable
to the Texas Department of Transportation, for the continued issuance of license
plates for the applicable license plate category, institution, college, university,
or sports team; or
(E)
the sponsoring entity has submitted fewer than the prescribed
number of properly executed applications for that license plate, and the applications
are accompanied by a single payment, made payable to the Texas Department
of Transportation, that consists of:
(i)
the prescribed license plate fees for those applications
submitted; and
(ii)
a deposit equal to $15,000 less the prescribed portion
of those license plate fees to be retained by the department, and deposited
to the State Highway Fund, for the continued issuance of the license plates
for which applications are submitted.
(2)
The deposit submitted to the department under paragraph
(1)(D) or (E) of this subsection will be returned to the sponsoring entity
only if the statutorily prescribed number of license plates for that category,
institution, college, university, or sports team is issued or presold.
(h)
License plates created after January 1, 1999. In accordance
with Transportation Code, §502.2526, the department will begin to issue
specialty license plates authorized by a law enacted after January 1, 1999,
only if the sponsoring entity for that license plate submits the following
items before the fifth anniversary of the effective date of the law.
(1)
The sponsoring entity must submit a written request for
the manufacture of that license plate including at a minimum:
(A)
the name of the license plate;
(B)
the name and address of the sponsoring entity;
(C)
the name and telephone number of a person authorized to
act for the sponsoring entity; and
(D)
the deposit or license plate fees set forth in paragraph
(2) of this subsection.
(2)
The written request must be accompanied by:
(A)
a deposit in the amount of $15,000 in the form of a single
payment, made payable to the Texas Department of Transportation; or
(B)
if the license plates are presold, the prescribed number
of properly executed applications for that license plate accompanied by a
single payment, made payable to the Texas Department of Transportation, in
an amount equal to the prescribed fees for issuance of those license plates;
or
(C)
if the sponsoring entity submits less than the prescribed
number of properly executed applications for that license plate accompanied
by a single payment, a deposit made payable to the Texas Department of Transportation,
that consists of:
(i)
the prescribed license plate fees for those applications
submitted; and
(ii)
a deposit equal to $15,000 less the prescribed portion
of those license plate fees to be retained by the department, and deposited
to the State Highway Fund, for issuance of the license plates for which applications
are submitted.
(3)
The deposit submitted to the department under paragraph
(2)(A) or (C) of this subsection will be returned to the sponsoring entity
only if the prescribed number of sets of the applicable license are issued
or presold.
(i)
No agency relationship. A sponsoring entity is not an agent
of the department and does not act for the department in any matter, and the
department does not assume any responsibility for fees or applications collected
by a sponsoring entity.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2003.
TRD-200300782
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2003
Proposal publication date: November 15, 2002
For further information, please call: (512) 463-8630