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AN ACT
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relating to counterfeit motor vehicle airbags; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 547.614, Transportation Code, is amended |
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to read as follows: |
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Sec. 547.614. RESTRICTIONS ON AIRBAGS. (a) In this |
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section, "counterfeit airbag" means an airbag that does not meet |
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all applicable federal safety regulations for an airbag designed to |
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be installed in a vehicle of a particular make, model, and year. |
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(a-1) A person commits an offense if the person knowingly: |
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(1) installs or purports to install an airbag in a |
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vehicle; and |
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(2) does not install an airbag or installs a |
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counterfeit airbag [that meets all applicable federal safety
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regulations for an airbag installed in a vehicle of that make,
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model, and year]. |
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(a-2) A person commits an offense if the person: |
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(1) makes or sells a counterfeit airbag to be |
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installed in a motor vehicle; |
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(2) intentionally alters an airbag that is not |
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counterfeit in a manner that causes the airbag to not meet all |
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applicable federal safety regulations for an airbag designed to be |
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installed in a vehicle of a particular make, model, and year; |
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(3) represents to another person that a counterfeit |
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airbag installed in a motor vehicle is not counterfeit; or |
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(4) causes another person to violate Subsection (a-1) |
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or Subdivision (1), (2), or (3) or assists a person in violating |
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Subsection (a-1) or Subdivision (1), (2), or (3). |
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(b) Except as provided by Subsections (c) and (d), an [An] |
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offense under this section is a Class A misdemeanor. |
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(c) An offense under this section is a felony of the third |
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degree if it is shown on the trial of the offense that the defendant |
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has been previously convicted of an offense under this section. |
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(d) An offense under this section is a felony of the second |
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degree if it is shown on the trial of the offense that as a result of |
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the offense an individual suffered bodily injury. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 71 was passed by the House on April |
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12, 2007, by the following vote: Yeas 143, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 71 was passed by the Senate on May 15, |
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2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |