By: Noble (Senate Sponsor - Parker) H.B. No. 2195

(In the Senate - Received from the House May 1, 2023; May 2, 2023, read first time and referred to Committee on Transportation; May 11, 2023, reported favorably by the following vote: Yeas 8, Nays 0; May 11, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to wrong, fictitious, altered, or obscured license plates; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

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

(1) is issued for a different motor vehicle;

(2) is issued for the vehicle under any other motor vehicle law other than by the department;

(3) is assigned for a registration period other than the registration period in effect;

(4) is fictitious;

(5) has blurring or reflective matter that significantly impairs the readability of the name of the state in which the vehicle is registered or the letters or numbers of the license plate number at any time;

(6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers of the license plate number or the name of the state in which the vehicle is registered; or

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

(A) distorts angular visibility or detectability;

(B) alters or obscures one-half or more of the name of the state in which the vehicle is registered; or

(C) alters, covers, or obscures the letters or numbers of the license plate number or the color of the plate.

(b) Except as provided by Subsections [Subsection] (e) and (f), an offense under Subsection (a) is a misdemeanor punishable by a fine of not more than $200, unless it is shown at the trial of the offense that the owner knowingly altered or made illegible the letters, numbers, and other identification marks, in which case the offense is a Class B misdemeanor.

(f) 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. Section 548.051(a), Transportation Code, is amended to read as follows:

(a) A motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state, must have the following items inspected at an inspection station or by an inspector:

(1) tires;

(2) wheel assembly;

(3) safety guards or flaps, if required by Section 547.606;

(4) brake system, including power brake unit;

(5) steering system, including power steering;

(6) lighting equipment;

(7) horns and warning devices;

(8) mirrors;

(9) windshield wipers;

(10) sunscreening devices, unless the vehicle is exempt from sunscreen device restrictions under Section 547.613;

(11) front seat belts in vehicles on which seat belt anchorages were part of the manufacturer's original equipment;

(12) exhaust system;

(13) exhaust emission system;

(14) fuel tank cap, using pressurized testing equipment approved by department rule; [and]

(15) emissions control equipment as designated by department rule; and

(16) for purposes of Section 548.104(d)(3), each license plate required to be displayed on the vehicle.

SECTION 3. Section 548.104(d), Transportation Code, is amended to read as follows:

(d) An inspection station or inspector may not issue a passing vehicle inspection report for a vehicle equipped with:

(1) a sunscreening device prohibited by Section 547.613, except that the department by rule shall provide procedures for issuance of a passing vehicle inspection report for a vehicle exempt under Section 547.613(c); [or]

(2) a compressed natural gas container unless the owner demonstrates in accordance with department rules proof:

(A) that:

(i) the container has met the inspection requirements under 49 C.F.R. Section 571.304; and

(ii) the manufacturer's recommended service life for the container, as stated on the container label required by 49 C.F.R. Section 571.304, has not expired; or

(B) that the vehicle is a fleet vehicle for which the fleet operator employs a technician certified to inspect the container; or

(3) a license plate prohibited by Section 504.945.

SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 5. This Act takes effect September 1, 2023.

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