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Lawmaker Wants Texas Registration Stickers To Have Microchips

NBC 5i Dallas | April 5, 2005

FORT WORTH, Texas -- Texans who own cars, trucks or SUVs may get a new high tech sticker on their car if one state legislator has his way.

Republican representative Larry Phillips of Sherman wants Texas drivers to get an inspection sticker that is embedded with a microchip.

The chip would house information about the owner's vehicle, registration and insurance coverage.

There is no word if the proposal will make it out of committee.


Texas Bill Would Require Transponders in All Cars

The Newspaper.com | April 7, 2005

A bill introduced in the Texas House of Representatives by Larry Phillips, Vice-Chairman of the Transportation Committee, would require electronic transponders to be built-into state automobile inspection stickers. This new device would be initially used to allow an roadside verification of every passing vehicle's insurance information. A car with expired insurance information would be mailed a $250 ticket.

Each transponder would transmit the vehicle's VIN, insurance policy number, license plate number and any other information the DMV requires. The legislation creates a database of every Texas automobile insurance policy to allow the checks. The transponder would also operate with Texas toll roads.

Anyone who does not receive or respond to the mailed ticket would have his license and vehicle registration suspended.


Texas HB 2893, Replacing All Vehicle Inspection Stickers with RFID Tags

Infowars | April 5, 2005

After reviewing federal transportation documents, Alex began reporting eight years ago about a plan to gradually convert all major highways in the US to radio transponder taxed toll roads. This plan is finally coming into fruition all over country and most notably in the states most dependent on inter- and intrastate highway systems: California and Texas. Governor Perry has already announced a plan to create the 4000-mile spanning "Trans-Texas Corridor" which would effectively replace two-thirds of Texas freeways with toll roads.

RELATED:

Texas Prepares To Build 4,000 Mile Toll Road System

Plans to Turn All Major US Roads into a Toll Roads

"Next Generation" Intelligent Transportation System Means GPS tracking and Toll Roads for Everyone

Schwarzenegger in California has been pushing similar proposals to tax drivers. All of these plans are supposedly designed to address the problem of decreasing gas-tax revenue by creating a replacement taxation model to fill the road construction coffers, but gas-tax revenue is actually increasing. It would provide more than enough funding to accomodate the needed growth of road construction, but its still not enough to satisfy Perry and his corporate puppeteers. This is nothing but an example of unmitigated greed. And now they are slipping in a way to get those toll transponders into every car in the state: by making it a replacement for your required State Inspection Sticker. Now you have no choice but to be locked into the car-tracking control-grid.

H.B. No. 2893

Texas House of representatives | April 02, 2005

By: Phillips A BILL TO BE ENTITLED AN ACT relating to a motor vehicle liability insurance compliance program;
providing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 601, Transportation Code, is amended by
adding Subchapter N to read as follows: SUBCHAPTER N. MOTOR VEHICLE LIABILITY INSURANCE COMPLIANCE PROGRAM Sec. 601.501. ESTABLISHMENT OF PROGRAM. (a) The
department shall establish a motor vehicle liability insurance
compliance program. (b) In establishing the program, the department may request
and obtain advice and assistance from any other agency of this or
another state, including the Texas Department of Insurance and the
Texas Department of Transportation. (c) The department may contract with one or more public or
private entities to administer the program. Sec. 601.502. REPORTING REQUIREMENTS. (a) The motor
vehicle liability insurance compliance program shall require that,
on or after the effective date of this subchapter, when an insurance
company authorized to write motor vehicle liability insurance in
this state or its designated agent issues or renews a motor vehicle
liability insurance policy that provides the minimum coverages
required by this chapter to a person who is required to maintain
insurance under this chapter and who is the holder of a Texas
driver's license or a Texas commercial driver's license, or
terminates or cancels such a policy, the insurance company or its
designated agent shall furnish to the department or administering
entity the following information: (1) the insurance policy number; (2) the effective date of the policy; (3) the make, model, license plate number, and vehicle
identification number of each vehicle covered by the policy; and (4) any other information reasonably required by the
department. (b) The required information relating to an insurance
policy that is issued or renewed shall be provided to the department
or administering entity not later than the third business day after
the date of issuance or renewal. (c) The required information relating to an insurance
policy that is terminated or canceled shall be provided to the
department before the effective date of the termination or
cancellation. Sec. 601.503. ELECTRONIC REPORTING. (a) Each insurance
company or its designated agent shall provide information required
under Section 601.502 through an electronic system in the format
specified by the department or administering entity. (b) The format specified by the department or administering
entity under Subsection (a) should be compatible with insurance
industry standards. The format must allow the information to be
submitted individually or in bulk. (c) Any proprietary information provided by an insurance
company or an agent under this section remains the property of the
insurance company or the agent. Sec. 601.504. COMPUTER DATABASE. From the information
provided by insurance companies or their designated agents under
this subchapter, the department or administering entity shall
develop and maintain a computer database to be used in the
administration and enforcement of this subchapter. Sec. 601.505. CONFIDENTIALITY OF INFORMATION. (a)
Information in the computer database is confidential and not
subject to required public disclosure under Chapter 552, Government
Code. (b) The department or administering entity shall develop
procedures to enable law enforcement officers, and other state or
local governmental entities that enforce this Act, to have access
to the information in the computer database. The department or
administering entity shall maintain the confidentiality of the
information in making information available to other entities
authorized to receive the information. (c) The department or administering entity shall
periodically update the database to identify new insurance policies
and to determine whether previous insurance policies are still in
effect. (d) A person commits an offense if the person: (1) discloses information in the computer database to
a person who is not authorized to receive the information; or (2) permits a person described by Subdivision (1) to
view, read, or copy the information. (e) An offense under Subsection (d) is a state jail felony. Sec. 601.506. CERTAIN FEES AND CHARGES PROHIBITED. An
insurance company or designated agent subject to the motor vehicle
liability insurance compliance program may not assess or collect
from the policyholder of a motor vehicle liability insurance policy
subject to this section a charge or fee because the company or agent
is required to comply with any part of the program. Sec. 601.507. SPECIAL INSPECTION CERTIFICATES. (a)
Commencing not later than January 1, 2006, the department shall
issue or contract for the issuance of special inspection
certificates to be affixed to motor vehicles that are inspected and
found to be in proper and safe condition under Chapter 548. (b) An inspection certificate under this section must
contain a tamper-resistant transponder, and at a minimum, be
capable of storing: (1) the transponder's unique identification number;
and (2) the make, model, and vehicle identification number
of the vehicle to which the certificate is affixed. (c) In addition, the transponder must be compatible with: (1) the automated vehicle registration and
certificate of title system established by the Texas Department of
Transportation; and (2) interoperability standards established by the
Texas Department of Transportation and other entities for use of
the system of toll roads and toll facilities in this state. Sec. 601.508. CIVIL PENALTY. (a) If an electronic reading
device detects and identifies a motor vehicle to which a special
inspection certificate is affixed that is not covered by a motor
vehicle liability insurance policy that provides the minimum
coverages required by this chapter, on verification of the
information and issuance of a written notice of noncompliance, the
registered owner of the vehicle is liable to the state for the
payment of a civil penalty in the amount of $250. (b) In connection with the same vehicle, until the 60th day
after the date of issuance of a written notice under Subsection (a),
the registered owner is not liable for the payment of another civil
penalty under this subchapter if that vehicle is subsequently
detected and identified by an electronic reading device and
determined not to be covered by an appropriate motor vehicle
liability insurance policy. Sec. 601.509. WRITTEN NOTICE TO VEHICLE OWNER. (a) The
department or administering entity shall send a written notice of
the civil penalty to the registered owner of the vehicle at that
owner's address as shown in the insurance database by first class
mail not later than the 30th day after the date the owner's vehicle
was determined not to be in compliance with the insurance
requirements of this chapter. (b) The notice shall state that the registered owner of the
vehicle is: (1) required to pay the full amount of the civil
penalty not later than the 30th day after the date the notice was
sent; or (2) entitled to appeal the imposition of the civil
penalty. Sec. 601.510. PAYMENT OF CIVIL PENALTY. A person paying a
civil penalty under this subchapter shall mail or electronically
submit payment to the department at its headquarters in Austin or to
the administering entity at its address as stated in the notice. Sec. 601.511. HEARING REQUEST. If, not later than the 15th
day after the date on which the person receives notice under Section
601.509, the department receives at its headquarters in Austin, or
the administering entity receives, in writing, including a
facsimile transmission, or by another manner prescribed by the
department or administering entity, a request that a hearing be
held, a hearing shall be held as provided by this subchapter. Sec. 601.512. EFFECT OF HEARING REQUEST. A request for a
hearing stays the imposition of the civil penalty until the date of
the final determination of the appeal. Sec. 601.513. HEARING DATE. (a) A hearing requested under
Section 601.511 shall be held not earlier than the 11th day after
the date on which the person requesting the hearing is notified of
the hearing unless the parties agree to waive this requirement. (b) The hearing shall be held not later than the 30th day
after the date the department or administering entity received the
request for the hearing. Sec. 601.514. RESCHEDULING. (a) A hearing shall be
rescheduled if, before the fifth day before the date scheduled for
the hearing, the department or administering entity receives a
request for a continuance from the person who requested the
hearing. Unless both parties agree otherwise, the hearing shall be
rescheduled for a date not earlier than the fifth day after the date
the department or administering entity receives the request for the
continuance. (b) A person who requests a hearing under this subchapter
may obtain only one continuance unless the person shows that a
medical condition prevents the person from attending the
rescheduled hearing, in which event one additional continuance may
be granted for a period not to exceed 10 days. Sec. 601.515. STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)
A hearing under this subchapter shall be heard by an administrative
law judge employed by the State Office of Administrative Hearings. (b) The State Office of Administrative Hearings shall
provide for the stenographic or electronic recording of the
hearing. Sec. 601.516. HEARING LOCATION. A hearing under this
subchapter shall be held: (1) at the location designated by the State Office of
Administrative Hearings; or (2) with the consent of the person and the department
or administering entity, by telephone conference call. Sec. 601.517. HEARING. (a) The only issues that must be
proved at a hearing by a preponderance of the evidence are whether
on the date that the motor vehicle was determined to have been
operated without being covered by a motor vehicle liability
insurance policy that provides the minimum coverages required by
this chapter: (1) the motor vehicle owned by the person was not
required by this chapter to be covered by such a policy; (2) the motor vehicle owned by the person was covered
by such a policy; or (3) the motor vehicle was not owned by the person who
requested the hearing. (b) The burden of proof in a hearing is on the person who
requested the hearing. (c) If the administrative law judge finds in favor of the
person who requested the hearing, the judge shall vacate the
imposition of the civil penalty. (d) If the administrative law judge does not find in favor
of the person who requested the hearing, the judge shall: (1) sustain the imposition of the civil penalty; and (2) order the person to pay the amount of the civil
penalty in the time and manner required by the department or
administering entity. (e) The decision of the administrative law judge is final
when issued and signed. Sec. 601.518. FAILURE TO APPEAR. A person who requests a
hearing and fails to appear without just cause waives the right to a
hearing and the imposition of the civil penalty is final. Sec. 601.519. NOTICE REQUIREMENTS. (a) Notice required to
be provided by the department or administering entity under this
subchapter may be given by telephone or other electronic means. If
notice is given by telephone or other electronic means, written
notice must also be provided. (b) Notice by mail is considered received on the fifth day
after the date the notice is deposited with the United States Postal
Service. Sec. 601.520. APPEAL FROM ADMINISTRATIVE HEARING. (a) The
department or administering entity or the person whose civil
penalty is sustained may appeal the decision by filing a petition
not later than the 30th day after the date the administrative law
judge's decision is final. The administrative law judge's final
decision is immediately appealable without the requirement of a
motion for rehearing. (b) A petition under Subsection (a) must be filed in a
county court at law in the county in which the person resides or, if
there is not a county court at law in the county, in the county
court. If the county judge is not a licensed attorney, the county
judge shall transfer the case to a district court for the county on
the motion of either party or of the judge. (c) If the department or administering entity files an
appeal under this section, a copy of the petition must be sent by
certified mail to the person at the address indicated in the records
of the department or administering entity and to the State Office of
Administrative Hearings at that agency's headquarters in Austin. (d) A person who files an appeal under this section shall
send a copy of the petition by certified mail to the department or
administering entity and to the State Office of Administrative
Hearings at each agency's headquarters in Austin. (e) The copy of a petition sent by the department or
administering entity or by the person must be certified by the clerk
of the court in which the petition is filed. (f) If the department is a party to an appeal, a district or
county attorney may represent the department in the appeal. Sec. 601.521. REVIEW; ADDITIONAL EVIDENCE. (a) Review on
appeal is on the record certified by the State Office of
Administrative Hearings with no additional testimony. (b) On appeal, a party may apply to the court to present
additional evidence. If the court is satisfied that the additional
evidence is material and that there were good reasons for the
failure to present it in the proceeding before the administrative
law judge, the court may order that the additional evidence be taken
before an administrative law judge on conditions determined by the
court. (c) There is no right to a jury trial in an appeal under this
section. (d) An administrative law judge may change a finding or
decision made in the original hearing because of the additional
evidence and shall file the additional evidence and any changes,
new findings, or decisions with the reviewing court. (e) A remand under this section stays the imposition of the
civil penalty. Sec. 601.522. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a)
To obtain a transcript of an administrative hearing, the party who
appeals the administrative law judge's decision must apply to the
State Office of Administrative Hearings. (b) On payment of a fee not to exceed the actual cost of
preparing the transcript, the State Office of Administrative
Hearings shall promptly furnish both parties with a transcript of
the administrative hearing. Sec. 601.523. NONPAYMENT OF CIVIL PENALTY; OFFENSE. (a) A
person liable for payment of a civil penalty under Section 601.508,
other than a person who requests a hearing under Section 601.511,
who fails or refuses to pay the full amount of the civil penalty
commits an offense. (b) A person ordered to pay a civil penalty under Section
601.517, other than a civil penalty that is not sustained on appeal,
who fails or refuses to pay the full amount of the civil penalty
commits an offense. (c) Each failure or refusal by a person under Subsection (a)
or (b) is a separate offense. (d) An offense under this section is a Class C misdemeanor.
Venue for the offense is in the justice precinct in which the
defendant resides. (e) The court in which a person is convicted of an offense
under this section shall also collect the amount of the civil
penalty imposed on the person. A court that collects a civil
penalty: (1) may retain 10 percent of the amount of the penalty
for deposit in the county treasury; and (2) shall forward the remainder to the department in
the form and manner prescribed by the department. Sec. 601.524. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE
REGISTRATION. (a) The department shall suspend the driver's
license and vehicle registrations of a person who fails or refuses
to timely pay a civil penalty imposed on the person under this
subchapter. (b) A suspension under this section is for a six-month
period beginning on the delinquency date of the civil penalty. Sec. 601.525. USE OF MONEY. Money collected under this
subchapter shall be deposited in a separate account and may only be
used by the department in the enforcement of this chapter. SECTION 2. This Act takes effect September 1, 2005.

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