By: Barrientos S.B. No. 1182
A BILL TO BE ENTITLED
AN ACT
1-1 relating to amendments to Article 6701d (22), Vernon's Texas Civil
1-2 Statutes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sec. 22, Uniform Act Regulating Traffic on
1-5 Highways (Article 6701d (22), Vernon's Texas Civil Statutes), is
1-6 amended to read as follows:
1-7 Required obedience to traffic laws
1-8 Sec. 22. (a) It is unlawful and unless otherwise declared
1-9 in this Act with respect to particular offenses, it is a
1-10 misdemeanor for any person to do any act forbidden or fail to
1-11 perform any act required in this Act.
1-12 (b) When any person is charged with having committed an
1-13 offense under this Act, proof that the vehicle identified in the
1-14 complaint was, at the date of the offense alleged, owned by the
1-15 person charged with the offense, shall constitute prima facie
1-16 evidence that the owner was the person who committed the offense as
1-17 charged in the complaint.
1-18 (c) A certified copy of the title and registration records
1-19 relating to the ownership of said vehicle shall be admissible as
1-20 prima facie evidence of the matters stated therein.
1-21 (d) Notwithstanding the provisions in Subsections (a) and
1-22 (b) of this section, the owner of the vehicle shall have the right
1-23 to introduce evidence to show that said vehicle was not in the
2-1 owner's possession or control at such time and place as charged in
2-2 the complaint. The provisions of this section shall not affect the
2-3 presumption of innocence but shall shift the burden of proof to the
2-4 defendant to rebut the presumptions set forth in Subsections (a)
2-5 and (b).
2-6 SECTION 2. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.