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A BILL TO BE ENTITLED
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AN ACT
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relating to temporary vehicle tags and the offense of tampering |
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with a governmental record. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(2) or (3) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(5-a) Section 37.10, Penal Code, if the offense is for |
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tampering with a temporary tag issued under Chapter 502 or 503, |
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Transportation Code; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 2. Section 37.01(2), Penal Code, is amended to read |
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as follows: |
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(2) "Governmental record" means: |
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(A) anything belonging to, received by, or kept |
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by government for information, including a court record; |
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(B) anything required by law to be kept by others |
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for information of government; |
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(C) a license, certificate, permit, seal, title, |
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letter of patent, or similar document issued by government, by |
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another state, or by the United States; |
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(D) a standard proof of motor vehicle liability |
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insurance form described by Section 601.081, Transportation Code, a |
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certificate of an insurance company described by Section 601.083 of |
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that code, a document purporting to be such a form or certificate |
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that is not issued by an insurer authorized to write motor vehicle |
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liability insurance in this state, an electronic submission in a |
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form described by Section 502.046(i), Transportation Code, or an |
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evidence of financial responsibility described by Section 601.053 |
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of that code; |
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(E) an official ballot or other election record; |
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[or] |
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(F) the written documentation a mobile food unit |
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is required to obtain under Section 437.0074, Health and Safety |
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Code; or |
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(G) a temporary tag issued under Chapter 502 or |
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503, Transportation Code. |
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SECTION 3. Section 37.10(c), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (6) to read as |
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follows: |
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(1) Except as provided by Subdivisions (2), (3), (4), |
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[and] (5), and (6), and by Subsection (d), an offense under this |
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section is a Class A misdemeanor unless the actor's intent is to |
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defraud or harm another, in which event the offense is a state jail |
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felony. |
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(6) An offense under this section is a Class A |
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misdemeanor if the governmental record is a temporary tag issued |
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under Chapter 502 or 503, Transportation Code. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |
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* * * * * |