(A) The department or county tax assessor-collector
will not approve the issuance of replacement license plates with the
same personalized license plate number if the department's records
indicate either the vehicle displaying the personalized license plates
or the license plates are reported as stolen to law enforcement. The
owner will be directed to contact the department for another personalized
plate choice.
(B) The owner may select a different personalized number
to be issued at no charge with the same expiration as the stolen specialty
plate. On recovery of the stolen vehicle or license plates, the department
will issue, at the owner's or applicant's request, replacement license
plates, bearing the same personalized number as those that were stolen.
(g) License plates created after January 1, 1999. In
accordance with Transportation Code, §504.702, 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 application.
The application must be on a form approved by the director and include,
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.
(2) 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.
(h) Assignment procedures for state, federal, and county
officials.
(1) State Officials. State Official license plates
contain the distinguishing prefix "SO." Members of the state legislature
may be issued up to three sets of State Official specialty license
plates with the distinguishing prefix "SO," or up to three sets of
State Official specialty license plates that depict the state capitol,
and do not display the distinguishing prefix "SO." An application
by a member of the state legislature, for a State Official specialty
license plate, must specify the same specialty license plate design
for each applicable vehicle. State Official license plates are assigned
in the following order:
(A) Governor;
(B) Lieutenant Governor;
(C) Speaker of the House;
(D) Attorney General;
(E) Comptroller;
(F) Land Commissioner;
(G) Agriculture Commissioner;
(H) Secretary of State;
(I) Railroad Commission;
(J) Supreme Court Chief Justice followed by the remaining
justices based on their seniority;
(K) Criminal Court of Appeals Presiding Judge followed
by the remaining judges based on their seniority;
(L) Members of the State Legislature, with Senators
assigned in order of district number followed by Representatives assigned
in order of district number, except that in the event of redistricting,
license plates will be reassigned; and
(M) Board of Education Presiding Officer followed by
the remaining members assigned in district number order, except that
in the event of redistricting, license plates will be reassigned.
(2) Members of the U.S. Congress.
(A) U.S. Senate license plates contain the prefix "Senate"
and are assigned by seniority; and
(B) U.S. House license plates contain the prefix "House"
and are assigned in order of district number, except that in the event
of redistricting, license plates will be reassigned.
(3) Federal Judge.
(A) Federal Judge license plates contain the prefix
"USA" and are assigned on a seniority basis within each court in the
following order:
(i) Judges of the Fifth Circuit Court of Appeals;
(ii) Judges of the United States District Courts;
(iii) United States Bankruptcy Judges; and
(iv) United States Magistrates.
(B) Federal Administrative Law Judge plates contain
the prefix "US" and are assigned in the order in which applications
are received.
(C) A federal judge who retired on or before August
31, 2003, and who held license plates expiring in March 2004 may continue
to receive federal judge plates. A federal judge who retired after
August 31, 2003, is not eligible for U.S. Judge license plates.
(4) State Judge.
(A) State Judge license plates contain the prefix "TX"
and are assigned sequentially in the following order:
(i) Appellate District Courts;
(ii) Presiding Judges of Administrative Regions;
(iii) Judicial District Courts;
(iv) Criminal District Courts; and
(v) Family District Courts and County Statutory Courts.
(B) A particular alpha-numeric combination will always
be assigned to a judge of the same court to which it was originally
assigned.
(C) A state judge who retired on or before August 31,
2003, and who held license plates expiring in March 2004 may continue
to receive state judge plates. A state judge who retired after August
31, 2003, is not eligible for State Judge license plates.
(5) County Judge license plates contain the prefix
"CJ" and are assigned by county number.
(6) In the event of redistricting or other plate reallocation,
the department may allow a state official to retain that official's
plate number if the official has had the number for five or more consecutive
years.
(i) Development of new specialty license plates.
(1) Procedure. The following procedure governs the
process of authorizing new specialty license plates under Transportation
Code, §504.801, whether the new license plate originated as a
result of an application or as a department initiative.
(2) Applications for the creation of new specialty
license plates. An applicant for the creation of a new specialty license
plate, other than a vendor specialty plate under §217.52 of this
title (relating to Marketing of Specialty License Plates through a
Private Vendor), must submit a written application on a form approved
by the executive director. The application must include:
(A) the applicant's name, address, telephone number,
and other identifying information as directed on the form;
(B) certification on Internal Revenue Service letterhead
stating that the applicant is a not-for-profit entity;
(C) a draft design of the specialty license plate;
(D) projected sales of the plate, including an explanation
of how the projected figure was established;
(E) a marketing plan for the plate, including a description
of the target market;
(F) a licensing agreement from the appropriate third
party for any intellectual property design or design element;
(G) a letter from the executive director of the sponsoring
state agency stating that the agency agrees to receive and distribute
revenue from the sale of the specialty license plate and that the
use of the funds will not violate a statute or constitutional provision;
and
(H) other information necessary for the board to reach
a decision regarding approval of the requested specialty plate.
(3) Review process. The board:
(A) will not consider incomplete applications;
(B) may request additional information from an applicant
if necessary for a decision; and
(C) will consider specialty license plate applications
that are restricted by law to certain individuals or groups of individuals
(qualifying plates) using the same procedures as applications submitted
for plates that are available to everyone (non-qualifying plates).
(4) Request for additional information. If the board
determines that additional information is needed, the applicant must
return the requested information not later than the requested due
date. If the additional information is not received by that date,
the board will return the application as incomplete unless the board:
(A) determines that the additional requested information
is not critical for consideration and approval of the application;
and
(B) approves the application, pending receipt of the
additional information by a specified due date.
(5) Board decision. The board's decision will be based
on:
(A) compliance with Transportation Code, §504.801;
(B) the proposed license plate design, including:
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