ATTACHMENT 2

Subchapter B. Vehicle Titles and Registration 43 TAC §§217.22, 217.27, 217.32, 217.38, 217.41, 217.55, and 217.58-64

§217.22. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Affidavit for alias exempt registration‐‐A form prescribed by the director that must be executed by an exempt law enforcement agency to request the issuance of exempt registration in the name of an alias.

(2) Agent‐‐A duly authorized representative possessing legal capacity to act for an individual or legal entity.

(3) Alias‐‐The name of a vehicle registrant reflected on the registration, different than the name of the legal owner of the vehicle.

(4) Alias exempt registration‐‐Registration issued under an alias to a specific vehicle to be used in covert criminal investigations by a law enforcement agency.

(5) Axle load‐‐The total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.

(6) Border commercial zone‐‐A commercial zone established under Title 49, C.F.R., Part 372 that is contiguous to the border with Mexico.

(7) Bus‐‐A motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator; or a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.

(8) Carrying capacity‐‐The maximum safe load that a commercial vehicle may carry, as determined by the manufacturer.

(9) Character‐‐A numeric or alpha symbol displayed on a license plate.

(10) County or city civil defense agency‐‐An agency authorized by a commissioner's court order or by a city ordinance to provide protective measures and emergency relief activities in the event of hostile attack, sabotage, or natural disaster.

(11) Digital license plate—As defined in Transportation Code, §504.151.

(12) Digital license plate owner‐‐A digital license plate owner is a person who purchases or leases a digital license plate from a department‐approved digital license plate provider.

(13) [(11]) Director‐‐The director of the Vehicle Titles and Registration Division, Texas

Department of Motor Vehicles.

(14) [(12)] Division‐‐Vehicle Titles and Registration Division.

(15) [(13)] Executive administrator‐‐The director of a federal agency, the director of a Texas state agency, the sheriff of a Texas county, or the chief of police of a Texas city that by law possesses the authority to conduct covert criminal investigations.

(16) [(14)] Exempt agency‐‐A governmental body exempted by statute from paying registration fees when registering motor vehicles.

(17) [(15)] Exempt license plates‐‐Specially designated license plates issued to certain vehicles owned or controlled by exempt agencies.

(18) [(16)] Exhibition vehicle‐‐

(A) An assembled complete passenger car, truck, or motorcycle that:

(i) is a collector's item;

(ii) is used exclusively for exhibitions, club activities, parades, and other functions of public interest;

(iii) does not carry advertising; and

(iv) has a frame, body, and motor that is at least 25‐years old; or

(B) A former military vehicle as defined in Transportation Code, §504.502.

(19) [(17)] Fire‐fighting equipment‐‐Equipment mounted on fire‐fighting vehicles used in the process of fighting fires, including, but not limited to, ladders and hoses.

(20) [(18)] Foreign commercial motor vehicle‐‐A commercial motor vehicle, as defined by 49

C.F.R. §390.5, that is owned by a person or entity that is domiciled in or a citizen of a country other than the

United States.

(21) GPS‐‐ A global positioning system tracking device that can be used to determine the location of a digital license plate through data collection by means of a receiver in a digital license plate.

(22) [(19)] Highway construction project‐‐That section of the highway between the warning signs giving notice of a construction area.

(23) [(20)] International symbol of access‐‐The symbol adopted by Rehabilitation International in

1969 at its Eleventh World Congress of Rehabilitation of the Disabled.

(24) [(21)] Legally blind‐‐Having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(25) Legend‐‐A name, motto, slogan, or registration expiration notification that is centered horizontally at the bottom of the license plate.

(26) [(22)] Make‐‐The trade name of the vehicle manufacturer.

(27) Metal license plate‐‐A non‐digital license plate issued by the department under

Transportation Code Chapter 502 or Chapter 504.

(28) [(23)] Nonprofit organization‐‐An unincorporated association or society or a corporation that is incorporated or holds a certificate of authority under the Business Organizations Code.

(29) [(24)] Nominating State Agency‐‐A state agency authorized to accept and distribute funds from the sale of a specialty plate as designated by the nonprofit organization (sponsoring entity).

(30) Optional digital license plate information—Any information authorized to be displayed on a digital license plate in addition to required digital license plate information when the vehicle is in park, including:

(A) an emergency alert or other public safety alert issued by a governmental entity, including an alert authorized under Subchapter L, M, or P of Government Code Chapter 411;

(B) vehicle manufacturer safety recall notices;

(C) advertising; or

(D) a parking permit.

(31) Park‐‐As defined in Transportation Code, §541.401.

(32) [(25)] Political subdivision‐‐A county, municipality, local board, or other body of this state having authority to provide a public service.

(33) Primary region of interest‐‐The field on a metal or digital license plate with alphanumeric characters representing the plate number. The primary region of interest encompasses a field of 5.75 inches in width by 1.75 inches in height on metal license plates manufactured for motorcycles, mopeds, golf carts, or off‐ highway vehicles. The primary region of interest encompasses a field of 8.375 inches in width by 2.5625 inches in height on metal license plates manufactured for all other vehicles.

(34) [(26)] Registration period‐‐A designated period during which registration is valid. A registration period begins on the first day of a calendar month and ends on the last day of a calendar month.

(35) Required digital license plate information—The minimum information required to be displayed on a digital license plate: the registration expiration month and year (unless the vehicle is a token trailer as defined by Transportation Code, §502.001), the alphanumeric characters representing the plate number, the word "Texas," the registration expiration notification if the registration for the vehicle has expired;

and the legend (if applicable).

(36) Secondary region of interest‐‐The field on a metal or digital license plate with the word

"Texas" centered horizontally at the top of the plate. The secondary region of interest encompasses a field of

2.5 inches in width by 0.5625 inches in height on metal license plates manufactured for motorcycles, mopeds, golf carts, or off‐highway vehicles. The secondary region of interest encompasses a field of 6 inches in width by

1.9375 inches in height on metal license plates manufactured for all other vehicles.

(37) [(27)] Service agreement‐‐A contractual agreement that allows individuals or businesses to access the department's vehicle registration records.

(38) [(28)] Specialty license plate‐‐A special design license plate issued by the department under

SA.

(39) [(29)] Specialty license plate fee‐‐Statutorily or department required fee payable on submission of an application for a specialty license plate, symbol, tab, or other device, and collected in addition to statutory motor vehicle registration fees.

(40) [(30)] Sponsoring entity‐‐An institution, college, university, sports team, or any other non‐ profit individual or group that desires to support a particular specialty license plate by coordinating the collection and submission of the prescribed applications and associated license plate fees or deposits for that particular license plate.

(41) [(31)] Street or suburban bus‐‐A vehicle, other than a passenger car, used to transport persons for compensation exclusively within the limits of a municipality or a suburban addition to a municipality.

(42) [(32)] Tandem axle group‐‐Two or more axles spaced 40 inches or more apart from center to center having at least one common point of weight suspension.

(43) [(33)] Unconventional vehicle‐‐A vehicle built entirely as machinery from the ground up, that is permanently designed to perform a specific function, and is not designed to transport property.

(44) [(34)] Vehicle classification‐‐The grouping of vehicles in categories for the purpose of registration, based on design, carrying capacity, or use.

(45) [(35)] Vehicle description‐‐Information regarding a specific vehicle, including, but not limited to, the vehicle make, model year, body style, and vehicle identification number.

(46) [(36)] Vehicle identification number‐‐A number assigned by the manufacturer of a motor vehicle or the department that describes the motor vehicle for purposes of identification.

(47) [(37)] Vehicle inspection sticker‐‐A sticker issued by the Texas Department of Public Safety signifying that a vehicle has passed all applicable safety and emissions tests.

(48) [(38)] Vehicle registration insignia‐‐A license plate, symbol, tab, or other device issued by the department evidencing that all applicable fees have been paid for the current registration period and allowing the vehicle to be operated on the public highways.

(49) [(39)] Vehicle registration record‐‐Information contained in the department's files that reflects, but is not limited to, the make, vehicle identification number, model year, body style, license number, and the name of the registered owner.

(50) [(40)] Volunteer fire department‐‐An association that is organized for the purpose of answering fire alarms, extinguishing fires, and providing emergency medical services.

§217.27. Vehicle Registration Insignia.

(a) On receipt of a complete initial application for registration with the accompanying documents and fees, the department will issue vehicle registration insignia to be displayed on or kept in the vehicle for which the registration was issued for the current registration period.

(1) If the vehicle has a windshield, the symbol, tab, or other device prescribed by and issued by the department shall be attached to the inside lower left corner of the vehicle's front windshield in a manner that will not obstruct the vision of the driver, unless the vehicle is registered under Transportation Code, Chapter 504, Subchapter B‐1.

(2) If the vehicle has no windshield, the symbol, tab, or other device prescribed by and issued by the department shall be attached to the rear license plate unless the vehicle is registered under Transportation

Code, Chapter 504, Subchapter B‐1, except that registration receipts, retained inside the vehicle, may provide the record of registration for vehicles with permanent trailer plates.

(3) If the vehicle is registered under Transportation Code, Chapter 504, Subchapter B‐1, the registration receipt, symbol, tab, or other device prescribed by and issued by the department must be retained with the vehicle and may provide the record of registration for vehicles with a digital license plate. The expiration month and year must appear digitally on the electronic visual display of the rear digital license plate.

(4) [(3)] If the vehicle is registered as a former military vehicle as prescribed by Transportation

Code, §504.502, the vehicle's registration number shall be displayed instead of displaying a symbol, tab, or license plate.

(A) Former military vehicle registration numbers shall be displayed on a prominent location on the vehicle in numbers and letters of at least two inches in height.

(B) To the extent possible, the location and design of the former military vehicle registration number must conform to the vehicle's original military registration number.

(b) Unless otherwise prescribed by law, each vehicle registered under this subchapter:

(1) must display two license plates that are clearly visible, readable, and legible, one at the exterior front and one at the exterior rear of the vehicle that are securely fastened at the exterior front and rear of the vehicle in an upright [a] horizontal position of not less than 12 inches from the ground, measuring from the bottom, except that a vehicle described by Transportation Code, §621.2061 may place the rear plate so that it is clearly visible, readable, and legible; or

(2) must display one plate that is securely fastened at or as close as practical to the exterior rear of the vehicle in a position not less than 12 inches from the ground, measuring from the bottom if the vehicle is a road tractor, motorcycle, trailer or semitrailer.

(c) Each vehicle registered under this subchapter must display license plates:

(1) assigned by the department for the period; or

(2) validated by a registration insignia issued by the department for a registration period consisting of 12 consecutive months at the time of application for registration, except that:

(A) trailers, semitrailers, or pole trailers not subject to inspection under §548.052(3) may obtain a registration insignia for a period consisting of 12, 24, 36, 48 or 60 consecutive months on payment of all fees for each full year of registration; and

(B) vehicles may be registered for 24 consecutive months in accordance with

Transportation Code, §548.102 on payment of all fees for each year of registration, regardless of the number of months remaining on the inspection at the time of registration, provided:

(i) the vehicle receives a two‐year inspection under Transportation Code, §548.102; and

(ii) the application for registration is made in the name of the purchaser under

Transportation Code, §501.0234.

(d) The department may cancel any personalized alpha‐numeric pattern that was issued if the department subsequently determines or discovers that the personalized license plate was not in compliance with these guidelines when issued, or if due to changing language usage, meaning or interpretation, the personalized license plate has become non‐compliant with these guidelines. When reviewing a personalized alpha‐numeric pattern, the department need not consider the applicant's subjective intent or declared meaning.

The department will not issue any license plate containing an alpha‐numeric pattern that meets one or more of the following criteria.

(1) The alpha‐numeric pattern conflicts with the department's current or proposed regular license plate numbering system.

(2) The director of the department's Vehicle Titles and Registration Division or the director's designee finds that the personalized alpha‐numeric pattern, including plate patterns that feature foreign or slang words or phrases, use phonetic, numeric or reverse spelling, acronyms, patterns viewed in mirror image, or use a code which only a small segment of the community may be able to readily decipher, that may be considered objectionable or misleading, including that the pattern may be viewed as, directly or indirectly:

(A) indecent (defined as including a reference or connotation to a sexual act, sexual body parts, excrement, or bodily fluids or functions. Additionally, "69" formats are prohibited unless used in combination with the vehicle make, for example, "69 CHEV".);

(B) a vulgarity (defined as profane, swear, or curse words);

(C) derogatory (defined as an expression that is demeaning to, belittles, or disparages any person, group, race, ethnicity, nationality, gender, sexual orientation, or refers to an organization that advocates such expressions);

(D) a reference to race, ethnicity, gender or sexual orientation whether the reference is derogatory or not;

(E) a reference to gangs, illegal activities, violence, implied threats of harm, or expressions that describe, advertise, advocate, promote, encourage, glorify, or condone violence, crime or unlawful conduct;

(F) a reference to illegal drugs, controlled substances, the physiological state produced by such substances, intoxicated states, or references that may express, describe, advertise, advocate, promote, encourage, glorify such items or states;

(G) a representation of, or reference to, law enforcement, military branches, or other governmental entities and their titles, including any reference to public office or position, military or law enforcement rank or status, or any other official government position or status; or

(H) deceptively similar to a military, restricted distribution, or other specialty plate.

(3) The alpha‐numeric pattern is currently issued to another owner.

(4) Notwithstanding the limitations on issuance of plate patterns in this subsection, the department may issue patterns that refer to publicly and privately funded institutions of higher education, including military academies, whether funded by state or federal sources, or both.

(e) A decision to cancel or not issue a personalized alpha‐numeric pattern under subsection (d) of this section may be appealed to the executive director of the department or the executive director's designee within

20 days of notification of the cancellation or non‐issuance. All appeals must be in writing and the requesting party may include any written arguments, but shall not be entitled to a contested case hearing. The executive director or the executive director's designee will consider the requesting party's arguments and issue a decision no later than 30 days after the submission of the appeal, unless additional information is sought from the requestor, in which case the time for decision is tolled until the additional information is provided. The decision of the executive director or the executive director's designee is final and may not be appealed. An appeal is denied by operation of law 31 days from the submission of the appeal, or if the requestor does not provide additional requested information within ten days of the request.

(f) The provisions of subsection (a) of this section do not apply to vehicles registered with annual license plates issued by the department.

(g) A person whose initial application has been denied may either receive a refund or select a new alpha‐ numeric pattern. If an existing personalized alpha‐numeric pattern has been cancelled, the person may choose a new personalized alpha‐numeric pattern which will be valid for the remainder of the term or will forfeit the remaining term purchased.

§217.32. Replacement of License Plates, Symbols, Tabs, and Other Devices.

(a) When a metal license plate, symbol, tab, or other registration device is lost, stolen, mutilated, or needs to be replaced for cosmetic or readability reasons, a metal license plate replacement may be obtained from any county tax assessor‐collector upon:

(1) the payment of the statutory replacement fee prescribed by Transportation Code, §502.060 or §504.007; and

(2) the provision of a signed statement, on a form prescribed by the department, that states:

(A) the license plate, symbol, tab, or other registration device furnished for the described vehicle has been lost, stolen, mutilated, or needs to be replaced for cosmetic or readability reasons, and if recovered, will not be used on any other vehicle; and

(B) the replaced license plate, symbol, tab, or other device will only be used on the vehicle to which it was issued.

(b) If the owner remains in possession of any part of the lost, stolen, or mutilated metal license plate, symbol, tab, or other registration device, that remaining part must be removed and surrendered to the department on issuance of the replacement and request by the county tax assessor‐collector.

§217.38. Registration Fee Credit: Application.

An application for registration fee credit must be accompanied by:

(1) the current metal license plate(s) and license receipt issued for the destroyed vehicle;

(2) the negotiable certificate of title covering the destroyed vehicle; and

(3) evidence that the vehicle has been destroyed to such an extent that it cannot thereafter be operated on the highways.

§217.41. Disabled Person License Plates and Identification Placards.

(a) Purpose. Transportation Code, Chapters 504 and 681, charge the department with the responsibility for issuing specially designed license plates and identification placards for disabled persons. For the department to perform these duties efficiently and effectively, this section prescribes the policies and procedures for the application, issuance, and renewal of Disabled Person license plates and placards.

(b) Issuance.

(1) Disabled Person license plates.

(A) Eligibility. In accordance with Transportation Code, §504.201, the department will issue specially designed license plates displaying the international symbol of access to permanently disabled persons or their transporters instead of regular motor vehicle license plates.

(B) Specialty license plates. The department will issue Disabled Person insignia on those specialty license plates that can accommodate the identifying insignia and that are issued in accordance with

§217.45 of this title (relating to Specialty License Plates, Symbols, Tabs, and Other Devices).

(C) License plate number. Disabled Person license plates will bear a license plate number assigned by the department or will bear a personalized license plate number issued in accordance with §217.45.

(2) Windshield identification placards. The department will issue removable windshield identification placards to temporarily or permanently disabled persons and to the transporters of permanently disabled persons. A person who has been issued a windshield identification placard shall hang the placard from a vehicle's rearview mirror when the vehicle is parked in a disabled person parking space or shall display the placard on the center portion of the dashboard if the vehicle does not have a rearview mirror.

(c) Renewal of Disabled Person license plates. Disabled Person license plates are valid for a period of 12 months from the date of issuance, and are renewable as specified in §217.28 of this title (relating to Vehicle

Registration Renewal).

(d) Replacement.

(1) License plates. If a Disabled Person metal license plate is [plates are] lost, stolen, or mutilated, the owner may obtain a replacement metal license plate [plates] by applying with a county tax assessor‐collector.

(A) Accompanying documentation. To replace permanently Disabled Person metal license plates, the owner must present the current year's registration receipt and personal identification acceptable to the county tax assessor‐collector.

(B) Absence of accompanying documentation. If the current year's registration receipt is not available and the county cannot verify that the Disabled Person metal license plates were issued to the owner, the owner must reapply in accordance with this section.

(2) Disabled Person identification placards. If a Disabled Person identification placard becomes lost, stolen, or mutilated, the owner may obtain a new identification placard in accordance with this section.

(e) Transfer of Disabled Person license plates and identification placards.

(1) License plates.

(A) Transfer between persons. Disabled Person license plates may not be transferred between persons. An owner who sells or trades a vehicle to which Disabled Person license plates have been issued shall remove the Disabled Person license plates from the vehicle. The owner shall return the license plates to the department and shall obtain appropriate replacement license plates to place on the vehicle prior to any transfer of ownership.

(B) Transfer between vehicles. Disabled Person license plates may be transferred between vehicles if the county or the department can verify the plate ownership and the owner of the vehicle is the disabled person or the vehicle is used to transport the disabled person.

(i) Plate ownership verification may include:

(I) a Registration and Title System (RTS) inquiry;

(II) a copy of the department Application for Disabled Person license plates; or

(III) the owner's current registration receipt.

(ii) An owner who sells or trades a vehicle with Disabled Person license plates must remove the plates from the vehicle.

(2) Identification placards.

(A) Transfer between vehicles. Disabled Person identification placards may be displayed in any vehicle driven by the disabled person or in which the disabled person is a passenger.

(B) Transfer between persons. Disabled Person identification placards may not be transferred between persons.

(f) Seizure and revocation of placard.

(1) If a law enforcement officer seizes and destroys a placard under Transportation Code, §681.012, the officer shall notify the department by email.

(2) The person to whom the seized placard was issued may apply for a new placard by submitting an application to the county tax assessor‐collector of the county in which the person with the disability resides or in which the applicant is seeking medical treatment.

§217.55. Exempt and Alias Vehicle Registration.

(a) Exempt plate registration.

(1) Issuance. Pursuant to Transportation Code, §502.453 or §502.456, certain vehicles owned by and used exclusively in the service of a governmental agency, owned by a commercial transportation company and used exclusively for public school transportation services, designed and used for fire‐fighting or owned by a volunteer fire department and used in the conduct of department business, privately owned and used in volunteer county marine law enforcement activities, used by law enforcement under an alias for covert criminal investigations, owned by units of the United States Coast Guard Auxiliary headquartered in Texas and used exclusively for conduct of United States Coast Guard or Coast Guard Auxiliary business and operations, or owned or leased by a non‐profit emergency medical service provider is exempt from payment of a registration fee and is eligible for exempt plates.

(2) Application for exempt registration.

(A) Application. An application for exempt plates shall be made to the county tax assessor‐collector, shall be made on a form prescribed by the department, and shall contain the following information:

(i) vehicle description;

(ii) name of the exempt agency;

(iii) an affidavit executed by an authorized person stating that the vehicle is owned or under the control of and will be operated by the exempt agency; and

(iv) a certification that each vehicle listed on the application has the name of the exempt agency printed on each side of the vehicle in letters that are at least two inches high or in an emblem that is at least 100 square inches in size and of a color sufficiently different from the body of the vehicle as to be clearly legible from a distance of 100 feet.

(B) Emergency medical service vehicle.

(i) The application for exempt registration must contain the vehicle description, the name of the emergency medical service provider, and a statement signed by an officer of the emergency medical service provider stating that the vehicle is used exclusively as an emergency response vehicle and qualifies for registration under Transportation Code, §502.456.

(ii) A copy of an emergency medical service provider license issued by the

Department of State Health Services must accompany the application.

(C) Fire‐fighting vehicle. The application for exempt registration of a fire‐fighting vehicle or vehicle owned privately by a volunteer fire department and used exclusively in the conduct of department business must contain the vehicle description, including a description of any fire‐fighting equipment mounted on the vehicle if the vehicle is a fire‐fighting vehicle. The affidavit must be executed by the person who has the proper authority and shall state either:

(i) the vehicle is designed and used exclusively for fire‐fighting; or

(ii) the vehicle is owned by a volunteer fire department and is used exclusively in the conduct of its business.

(D) County marine law enforcement vehicle. The application for exempt registration of a privately owned vehicle used by a volunteer exclusively in county marine law enforcement activities, including rescue operations, under the direction of the sheriff's department must include a statement signed by a person having the authority to act for a sheriff's department verifying that fact.

(E) United States Coast Guard Auxiliary vehicle. The application for exempt registration of a vehicle owned by units of the United States Coast Guard Auxiliary headquartered in Texas and used exclusively for conduct of United States Coast Guard or Coast Guard Auxiliary business and operation, including search and rescue, emergency communications, and disaster operations, must include a statement by a person having authority to act for the United States Coast Guard Auxiliary that the vehicle or trailer is used exclusively in fulfillment of an authorized mission of the United States Coast Guard or Coast Guard Auxiliary, including search and rescue, emergency communications, or disaster operations.

(3) Exception. A vehicle may be exempt from payment of a registration fee, but display license plates other than exempt plates if the vehicle is not registered under subsection (b) of this section.

(A) If the applicant is a law enforcement office, the applicant must present a certification that each vehicle listed on the application will be dedicated to law enforcement activities.

(B) If the applicant is exempt from the inscription requirements under Transportation

Code, §721.003, the applicant must present a certification that each vehicle listed on the application is exempt from inscription requirements under Transportation Code, §721.003. The applicant must also provide a citation to the section that exempts the vehicle.

(C) If the applicant is exempt from the inscription requirements under Transportation

Code, §721.005 the applicant must present a certification that each vehicle listed on the application is exempt from inscription requirements under Transportation Code, §721.005. The applicant must also provide a copy of the order or ordinance that exempts the vehicle.

(D) If the applicant is exempt from the inscription requirements under Education Code, §51.932, the applicant must present a certification that each vehicle listed on the application is exempt from the inscription requirements under Education Code, §51.932. Exempt plates will be marked with the replacement year.

(b) Affidavit for issuance of exempt registration under an alias.

(1) On receipt of an affidavit for alias exempt registration, approved by the executive administrator of an exempt law enforcement agency, the department will issue alias exempt license plates for a vehicle and register the vehicle under an alias for the law enforcement agency's use in covert criminal investigations.

(2) The affidavit for alias exempt registration must be in a form prescribed by the director and must include the vehicle description, a sworn statement that the vehicle will be used in covert criminal investigations, and the signature of the executive administrator or the executive administrator's designee as provided in paragraph (3) of this subsection. The vehicle registration insignia of any vehicles no longer used in covert criminal investigations shall be surrendered immediately to the department.

(3) The executive administrator, by annually filing an authorization with the director, may appoint a staff designee to execute the affidavit. A new authorization must be filed when a new executive administrator takes office.

(4) The letter of authorization must contain a sworn statement delegating the authority to sign the affidavit to a designee, the name of the designee, and the name and the signature of the executive administrator.

(5) The affidavit for alias exempt registration must be accompanied by a title application under

§217.103 of this title (relating to Restitution Liens). The application must contain the information required by the department to create the alias record of vehicle registration and title.

(c) Replacement of exempt registration.

(1) If an exempt metal license plate is lost, stolen, or mutilated, a properly executed application for exempt metal license plates must be submitted to the county tax assessor‐collector.

(2) An application for replacement exempt metal license plates must contain the vehicle description, original license number, and the sworn statement that the license plates furnished for the vehicle have been lost, stolen, or mutilated and will not be used on any other vehicle.

(d) Title requirements. Unless exempted by statute, a vehicle must be titled at the time the exempt registration is issued.

§217.58. Digital License Plate Eligibility.

(a) Vehicles eligible for a digital license plate. The following vehicles are eligible for a digital license plate, subject to the exceptions in subsection (b) of this section:

(1) any vehicle owned or operated by a governmental entity; or

(2) a vehicle owned or operated by a person other than a governmental entity if the vehicle is:

(A) part of a commercial fleet, as defined by Transportation Code, §502.001; or

(B) a truck, motorcycle, moped, trailer, semitrailer, sport utility vehicle, or other vehicle that is required to be registered under Transportation Code, Chapter 502.

(b) Vehicles not eligible for a digital license plate.

(1) Notwithstanding subsection (a) of this section, a vehicle is not eligible for a digital license plate if the vehicle is not required to display a license plate on the rear of the vehicle, including:

(A) truck‐tractors; or

(B) trucks with combination registration under Transportation Code, §502.255.

(2) Notwithstanding subsection (a)(2)(B) of this section, a vehicle registered as a passenger vehicle is not eligible for a digital license plate.

(c) Requirements for Eligibility Verification and Issuance of Digital Plates.

(1) An applicant for a digital license plate may not obtain a digital license plate from a digital license plate provider if the vehicle for which a digital license plate is being sought is not registered. The individual must first submit a complete initial application for registration and the accompanying documents and fees at the county tax assessor‐collector's office, or at the department for vehicles that must be registered directly through the department under this chapter. After receipt of the necessary documentation and fees, the department will issue one or two metal license plates, in accordance with this chapter, to the applicant for the digital license plate, depending on the type of vehicle. After the department issues the metal license plate or plates to the applicant, the applicant may then proceed with obtaining a digital license plate from a digital license plate provider.

(2) A digital license plate provider must obtain the following information from a digital license plate applicant before it verifies the vehicle's eligibility for a digital license plate:

(A) the last four digits of the vehicle identification number; and

(B) the existing metal license plate number.

(3) A digital license plate provider may not issue a digital license plate for a vehicle that has not been issued Texas registration in the name of the applicant for the digital license plate.

(4) Any metal license plate issued for the rear of the vehicle and any associated plate sticker issued for a rear metal license plate must be carried in or on the vehicle at all times when using a digital license plate.

§217.59. Digital License Plate Testing

Before the initial deployment of a digital license plate model and for each subsequent hardware upgrade, which includes all physical aspects of the digital license plate except for the mounting bracket, a digital license plate provider must provide the department with documentation sufficient for the department to be assured that the digital license plate model for which approval is sought was tested in a manner set forth by the department. The documentation must include a description of the testing protocols and methods. Digital license plate testing must be conducted by governmental entities, universities, or independent nonprofit research and development organizations. Testing must include:

(1) reflectivity testing with results demonstrating that the digital license plates are manufactured utilizing reflectorized material as required by Transportation Code, §504.005, and are reflective in daytime, as defined in Transportation Code, §541.401 and nighttime, as defined in Transportation Code, §541.401 with the use of low beam headlights, at a distance of no less than 75 feet. Reflectivity testing with results demonstrating that the digital license plates perform consistently with the International Organization for

Standardization ISO 7591, clauses 6 and 7 is preferred;

(2) legibility and readability testing with results demonstrating that digital license plates are legible in daytime, as defined in Transportation Code, §541.401 and nighttime, as defined in Transportation

Code, §541.401, using low beam headlights, under optimal conditions at a distance of no less than 75 feet; and are readable with commercially‐available automated license plate readers and in a variety of weather conditions; and

(3) commercially‐available penetration testing, as approved by the department, for the protection of the digital license plate, the electronic display information, and the digital license plate provider's systems. In addition to testing before initial approval and each subsequent hardware upgrade, testing described in this paragraph must be completed for each software or firmware upgrade.

§217.60. Digital License Plate Specifications and Requirements.

(a) In addition to ensuring that the digital license plate meets or exceeds the benefits for law enforcement that are provided by metal license plates, a digital license plate provider must ensure that digital license plates submitted for department approval and provided for customer use comply with the following requirements:

(1) provide an electronic visual display resistant to breakage, and in cases when the electronic visual display is scratched, chipped, cracked, or weather damaged, a digital license plate must continue to legibly display digital license plate information and the physical security feature defined in paragraph (2) of this subsection;

(2) include one or more physical security features to verify the plate was issued by an approved digital license plate provider;

(3) continue to display digital license plate information when the digital license plate does not maintain connectivity to a wireless network; and

(4) when the vehicle is not in park:

(A) display required digital license plate information on the plate in the same font size and location as the information displayed on a corresponding metal license plate; and

(B) display the registration expiration month and year, as determined by the department, in the same font size and location as displayed on a corresponding metal license plate when a vehicle does not have a windshield.

(b) Placement of license plate and vehicle registration insignia.

(1) The digital license plate must be attached to the exterior rear of the vehicle.

(2) A metal license plate must be attached to the exterior front of the vehicle in compliance with this chapter, unless the vehicle is not required to display a plate on the front of the vehicle under this chapter.

(3) The vehicle's registration insignia for validation of registration must be displayed on or kept in a vehicle in accordance with §217.27 of this title (relating to Vehicle Registration Insignia).

§217.61. Digital License Plate Designs and Displays.

(a) Digital license plate designs.

(1) A digital license plate provider is prohibited from designing or creating specialty license plates under Transportation Code Chapter 504, unless the provider has a contract with the department under

Transportation Code, §504.851.

(2) A digital license plate provider must enter into a licensing agreement, with standard language as approved by the department, for the display of any third party's intellectual property on a digital license plate.

(b) Digital license plate displays.

(1) Electronic information to be displayed on a digital license plate, including the content and design of both required and optional digital license plate information, must be approved by the department. A digital license plate may not be personalized or customized in any region of interest, including the legend area, except as provided by the department under this chapter.

(2) Optional digital license plate information when in park. When the vehicle is in park, optional digital license plate information may include any of the following optional digital license plate information as approved by the department and the digital license plate owner:

(A) an emergency alert or other public safety alert issued by a governmental entity, including an alert authorized under Subchapter L, M, or P of Government Code Chapter 411;

(B) vehicle manufacturer safety recall notices;

(C) advertising; or

(D) a parking permit pursuant to an agreement between a digital license plate provider and the entity that issues the parking permit.

(3) When the vehicle is in park, required digital license plate information may be reduced in size but must be in a field no smaller than 4.5 inches by 2.5 inches in the upper right‐hand corner. The alphanumeric characters and any symbols in the reduced field must be black. The background in the reduced field must be white. There must be two adjoining borders outlining the field. The inside border must be black and the outside border must be white.

(4) If more than one category of optional digital information in subsection (b)(2) of this subsection could be displayed at one time, the department may determine the order of display on the digital license plate.

(5) A digital license plate may be authorized for electronic toll collection with approval from, and agreement between, a digital license plate provider and the appropriate toll entity.

(c) Registration Expiration Notification.

(1) Digital license plate providers must display the word "EXPIRED" as approved by the department on a digital license plate if registration has expired.

(2) If a digital license plate is displaying a registration expiration notification, the registration notification and optional digital license plate information may not encroach upon the primary or secondary regions of interest.

(3) Unless otherwise prescribed by this chapter, the digital license plate provider must not remove an expired registration notification until after the department confirms registration is current.

(d) Owner authorizations.

(1) The digital license plate provider may not display optional digital license plate information on a digital license plate unless the digital license plate owner authorizes the display.

(2) The digital license plate provider may not disclose GPS data to any person unless the digital license plate owner authorizes its disclosure or the disclosure of the GPS data is required or permitted under other law.

(3) The digital license plate provider must disclose to potential and current digital license plate owners how GPS data authorized for disclosure by the owner or by law will be used and to whom it will be disclosed.

(4) The digital license plate provider may not require the owner to authorize the display or disclosure under paragraphs (1) or (2) of this subsection as a condition of purchase or lease of a digital license plate.

(5) The digital license plate provider must immediately discontinue the display of optional digital license plate information if the digital license plate owner requests for the display of the optional digital license plate information to be discontinued.

(6) The digital license plate provider must provide a single mechanism (or method or means) by which the digital license plate owner may opt in or opt out of the display of optional digital license plate information.

§217.62. Digital license plate removal and malfunction.

(a) A digital license plate provider must have a mechanism to prevent potential theft of and tampering with the digital license plate. At a minimum, a digital license plate provider must ensure the digital license plate ceases the display of digital license plate information:

(1) when a digital license plate malfunctions or upon termination of services between a digital license plate provider and owner; or

(2) if a digital license plate provider determines that the digital license plate has been compromised, tampered with, or fails to maintain integrity of registration data.

(b) Digital license plate providers must immediately notify the department in the following circumstances:

(1) commencement of services by the digital license plate provider;

(2) termination of services by the digital license plate provider;

(3) determination that the digital license plate has been compromised; or

(4) the transfer of a digital license plate to a different owner.

(c) The digital license plate provider is authorized to disable the display of a digital license plate for failure of the digital license plate owner to pay the fees due to the digital license plate provider.

§217.63. Digital License Plate Fees and Payment.

(a) Fees.

(1) A person issued a digital license plate must pay an administrative fee of $95.00 to the digital license plate provider upon initial application for a digital license plate, and to the county tax‐assessor collector or the department, as applicable, on renewal of registration for a vehicle with a digital license plate.

(2) The expiration date of the digital license plate will be aligned with the registration period and the administrative fee due under subsection (a) of this section will be adjusted to yield the appropriate fee.

(3) A digital license plate administrative fee will be refunded only when registration fees are overcharged under Transportation Code, §502. 195.

(b) Payment.

(1) All state, county, local, and other applicable fees are due at the time of registration of a vehicle with a digital license plate.

(2) Digital license plate providers that have received the administrative fee under subsection (a) of this section must submit payment of the administrative fee due in full to the department upon receipt of an application for a digital license plate.

§217.64. Digital License Plate Provider Services and Replacement.

(a) Digital license plate provider services.

(1) A digital license plate provider must provide customer support for digital license plate customers that is available at least during standard business hours Central Time.

(2) An individual who seeks the repair, service, or replacement of a digital license plate must contact a digital license plate provider.

(b) When a digital license plate is lost, stolen, mutilated, or needs to be replaced for cosmetic or readability reasons, including invalidation by the digital license plate provider or plate malfunction:

(1) a digital license plate replacement may be obtained from the digital license plate provider; or

(2) the metal license plate issued for the vehicle may be installed on the rear of the vehicle in lieu of the digital license plate.

(c) Unless a metal license plate was obtained directly from the department, a replacement metal license plate must be obtained from a county tax assessor‐collector's office.

This attachment contains rules approved by the TxDMV Board on June 11, 2020. The rules will become effective as provided in Transportation Code, Section 504.155(c).