BILL ANALYSIS

Senate Research Center	H.B. 2195
88R19904 JRR-D	By: Noble (Parker)
	Transportation
	5/4/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law requires drivers to ensure that their license plates are not obstructed or obscured from view. However, many drivers do not follow this law. The placement of anything on a car that may obscure a license plate, impair its readability, or have a blurring or reflective effect on the plate is a hindrance to law enforcement, tolling authorities, and the general public.

H.B. 2195 seeks to encourage compliance with this law by increasing the maximum fine for a first-time offense and providing for an escalation in fines for a subsequent offense. The legislation also prohibits a vehicle with an obscured, altered, or fictitious license plate from passing state inspection.

H.B. 2195 amends the Transportation Code to expand the conduct that constitutes the offense of displaying a wrong, fictitious, altered, or obscured vehicle license plate to include attaching to or displaying on a motor vehicle a license plate that has a coating, covering, protective substance, or other material that covers the plate's letters, numbers, or colors. The bill increases from $200 to $300 the maximum fine for the offense of displaying a wrong, fictitious, altered, or obscured vehicle license plate involving attaching to or displaying on a motor vehicle a license plate that has a coating, covering, protective substance, or other material that alters, covers, or obscures the plate's letters, numbers, or color. The bill enhances the penalty for a subsequent conviction of the offense involving such conduct to a maximum fine of $600 and to a Class B misdemeanor for two or more such convictions.

H.B. 2195 requires a motor vehicle, trailer, semitrailer, pole trailer, or mobile home registered in Texas to have each license plate required to be displayed on the vehicle inspected at an inspection station or by an inspector as part of the routine inspection required for the vehicle's registration. The bill prohibits an inspection station or inspector from issuing a passing vehicle inspection report for an applicable motor vehicle if the vehicle is equipped with a license plate that constitutes a wrong, fictitious, altered, or obscured license plate.

H.B. 2195 amends current law relating to wrong, fictitious, altered, or obscured license plates and increases a criminal penalty.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 504.945, Transportation Code, by amending Subsections (a) and (b) and adding Subsection (f), as follows:

(a) Provides that a person commits an offense if the person attaches to or displays on a motor vehicle a license plate that:

(1)-(6) makes no changes to these subdivisions; or

(7) has a coating, covering, protective substance, or other material that:

(A)-(B) makes no changes to these paragraphs; or

(b) Creates an exception under Subsection (f).

(f) Provides that an offense under Subsection (a)(7)(C) is a misdemeanor punishable by a fine of not more than $300, except that the offense is:

(1) a misdemeanor punishable by a fine of not more than $600 if it is shown on the trial of the offense that the person has been previously convicted of an offense under Subsection (a)(7)(C); or

(2) a Class B misdemeanor if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under Subsection (a)(7)(C).

SECTION 2. Amends Section 548.051(a), Transportation Code, as follows:

(a) Requires that a motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state, have certain items inspected at an inspection station or by an inspector, including, for purposes of Section 548.104(d)(3), each license plate required to be displayed on the vehicle. Makes nonsubstantive changes.

SECTION 3. Amends Section 548.104(d), Transportation Code, as follows:

(d) Prohibits an inspection station or inspector from issuing a passing vehicle inspection report for a vehicle equipped with:

(1)-(2) makes nonsubstantive changes to these subdivisions; or

(3) a license plate prohibited by Section 504.945 (Wrong, Fictitious, Altered, or Obscured License Plate).

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2023.