HBA-NIK H.B. 2476 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2476
By: Wise
Transportation
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

The Children's Trust Fund of Texas Council (council) was established as a
state agency in 1985 by the 69th Texas Legislature to help prevent child
abuse and neglect by providing funds to assist community-based prevention
programs in all areas of the state.  The council receives its funding
primarily by revenue from a portion of each marriage license fee, but it
receives additional funds from private contributions and the National
Office on Child Abuse and Neglect Community-Based Family Resource Grant.   

H.B. 2476 authorizes Texas Department of Transportation to issue a
specialized vanity license plate for the council, with a certain portion of
the proceeds from the sale of the plates benefitting the work that the
council does for abused and neglected children in Texas.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Texas Department of Transportation and
the Children's Trust Fund of Texas Council in SECTION 1 (Section 502.2723,
Transportation Code) or this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 502, Transportation Code, by
adding Section 502.2723, as follows: 

Sec. 502.2723.  CHILDREN'S TRUST FUND OF TEXAS COUNCIL LICENSE PLATES. (a)
Requires the Texas Department of Transportation (TxDOT) to issue specially
designed Children's Trust Fund of Texas Council (council) license plates
for passenger cars and light trucks.  

(b)  Provides that the license plates must be of a color, quality, and
design approved by the council.  Provides that the design must feature
artwork of children of this state.  

(c) Requires TxDOT to issue license plates under this section to a person
who applies to the county assessor-collector of the county in which the
person resides on a form provided by TxDOT; and  pays an annual fee of $25,
in addition to the fee prescribed by Section 502.161 (Fee: Passenger Car,
Municipal Bus, Private Bus), and, if personalized prestige license plates
are issued, in addition to the fee prescribed by Section 502.251
(Personalized Prestige License Plates).  

(d)  Provides that the fee for replacement of a lost, stolen, or mutilated
license plate issued under this section is $25, in addition to the fee
prescribed by Section 502.184(a) (obtaining replacement license plates or
replacement registered insignia).  

(e)  Requires TxDOT to deposit $20 to the credit of the children's trust
fund under Section 74.006 (Children's Trust Fund), Human Resources Code, of
each $25 fee collected under Subsection (c) or (d).  Authorizes the
remainder of the fee to be used by TxDOT only to defray the cost of
administering this section.  

 (f)  Requires the owner to return the license plates to TxDOT if the owner
of a vehicle registered under this section disposes of the vehicle during
the registration year. 

(g)  Authorizes that there is no limit to the number of passenger cars or
light trucks for which a person may apply for the issuance of license
plates under this section.  

(h) Requires TxDOT to design souvenir sample council license plates
designed in accordance with Subsection (b). Requires TxDOT and the council
to adopt joint rules governing the sale of the souvenir sample license
plates.  Provides that the fee for a souvenir sample license plate is $10.
Requires, of each fee collected by TxDOT or the council, $3 to be credited
to TxDOT for the administration of this subsection and  $7 to be credited
to the children's trust fund. 

(i)  Authorizes the council to use money credited to the children's trust
fund under this section only to fund programs under Chapter 74 (Children's
Trust Fund of Texas Council), Human Resources Code, in the county from
which the money was derived. Provides that the council is not required to
fund a program in a county under this subsection until at least $1,000 has
been derived under Subsections (c) and (d) from persons applying for
registration in that county and under Subsection (h) from persons residing
in that county. 
 
(j)  Provides that money deposited to the credit of the children's trust
fund under this section and interest on that money is exempt from the
application of Section 403.095 (Use of Dedicated Revenue), Government Code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.