74R10257 JD-F
By Carter H.B. No. 2957
Substitute the following for H.B. No. 2957:
By Alexander C.S.H.B. No. 2957
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration and safe operation of motor vehicles;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Chapter 3, Acts of the 43rd
1-6 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
1-7 Texas Civil Statutes), is amended by amending Subsections (a) and
1-8 (b) and adding Subsections (e)-(j) to read as follows:
1-9 (a) A person commits an offense if the person operates a
1-10 <passenger car or a commercial> motor vehicle on a public highway
1-11 or a beach that does not display each <two> license number plate
1-12 <plates, one at the front and one at the rear, that have been>
1-13 assigned by the department to the vehicle for the current
1-14 registration period or <have been> validated by a symbol, tab, or
1-15 other device for the current registration period. An offense under
1-16 this subsection is a misdemeanor punishable by a fine not to exceed
1-17 $200.
1-18 (b) A person commits an offense if the person operates a
1-19 <passenger car or commercial> motor vehicle on a public highway or
1-20 a beach, other than a vehicle that has been assigned license plates
1-21 for the current registration period, that does not properly display
1-22 the symbol, tab, or other device issued by the department that
1-23 establishes that the license plates have been validated for the
1-24 current registration period. An offense under this subsection is a
2-1 misdemeanor punishable by a fine not to exceed $200.
2-2 (e) In a county covered by a vehicle emissions inspection
2-3 and maintenance program as required by the Texas air quality state
2-4 implementation plan, the owner of a motor vehicle that has not been
2-5 registered as required by law commits an offense if the vehicle is
2-6 operated or parked on a public roadway or a beach. An offense
2-7 under this subsection is punishable by a fine of not less than $100
2-8 or more than $200.
2-9 (f) In a county covered by a vehicle emissions inspection
2-10 and maintenance program, a vehicle that has not been registered as
2-11 required by law and that is operated or parked on a public roadway
2-12 or a beach may be impounded by a peace officer or other authorized
2-13 employee of the state or the political subdivision of the state in
2-14 which the vehicle is operated or parked.
2-15 (g)(1) A person commits an offense if the person owns or
2-16 operates a motor vehicle that:
2-17 (A) is operated on a public highway or a beach;
2-18 and
2-19 (B) displays a license number plate or a symbol,
2-20 tab, or device required by Subsection (b) of this section that is:
2-21 (i) expired;
2-22 (ii) issued for another vehicle; or
2-23 (iii) fictitious.
2-24 (2) An offense under this subsection is a misdemeanor
2-25 punishable by:
2-26 (A) a fine not to exceed $200, if the license
2-27 number plate or the symbol, tab, or device is expired; or
3-1 (B) a fine of not less than $100 or more than
3-2 $500, if the license number plate or the symbol, tab, or device is
3-3 issued for another vehicle or fictitious.
3-4 (3) An offense under this subsection does not require
3-5 a culpable mental state.
3-6 (4) It is an affirmative defense to prosecution under
3-7 this subsection that at the time of the offense, the operator of
3-8 the vehicle did not own the vehicle and did not know that the
3-9 license number plate or the symbol, tab, or device was fictitious
3-10 or was issued to another vehicle.
3-11 (5) It is not a defense to prosecution under this
3-12 subsection that the defendant allowed another person to obtain the
3-13 fictitious license number plate or the fictitious symbol, tab, or
3-14 device.
3-15 (h)(1) A vehicle that is operated or parked on a public
3-16 highway or a beach and displays a license number plate or a symbol,
3-17 tab, or device required by Subsection (b) of this section that is
3-18 issued for another vehicle or fictitious shall be impounded by a
3-19 peace officer or other authorized employee of the state or the
3-20 political subdivision of the state in which the vehicle is operated
3-21 or parked, except that if the peace officer or authorized employee
3-22 determines that the vehicle was registered simultaneously with
3-23 another vehicle owned by the same person and that both vehicles are
3-24 in compliance with the Texas Motor Vehicle Safety-Responsibility
3-25 Act (Article 6701h, Vernon's Texas Civil Statutes), the officer or
3-26 employee is prohibited from impounding the vehicle under this
3-27 subsection.
4-1 (2) In addition to any other requirement of law, the
4-2 owner of a vehicle impounded under this subsection, or another
4-3 individual designated by the owner, may redeem the vehicle from
4-4 impoundment only if the owner or other individual:
4-5 (A) presents to the person authorized to release
4-6 the vehicle from impoundment a valid registration receipt for the
4-7 vehicle; and
4-8 (B) pays all charges relating to the towing and
4-9 storage of the vehicle.
4-10 (i)(1) A person commits an offense if:
4-11 (A) the person operates a motor vehicle on a
4-12 public highway or a beach, or owns a motor vehicle that is operated
4-13 on a public highway or a beach; and
4-14 (B) the vehicle's license number plate, or the
4-15 symbol, tab, or device required by Subsection (b) of this section,
4-16 is not kept clear, distinct, and free from grease or other blurring
4-17 matter so that it may be plainly seen during the daytime.
4-18 (2) An offense under this subsection is a misdemeanor
4-19 punishable by a fine not to exceed $200.
4-20 (j)(1) A person commits an offense if the person transfers
4-21 the symbol, tab, or device required by Subsection (b) of this
4-22 section from the vehicle for which the symbol, tab, or device was
4-23 issued to another vehicle.
4-24 (2) An offense under this subsection is a misdemeanor
4-25 punishable by a fine of not less than $100 or more than $500.
4-26 SECTION 2. Section 8, Chapter 3, Acts of the 43rd
4-27 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
5-1 Texas Civil Statutes), is amended to read as follows:
5-2 Sec. 8. Except as otherwise provided by this Act, a <Any>
5-3 person convicted of a misdemeanor for violation of Section 5,
5-4 Section 6 or Section 7 of this Act shall be fined in any sum not
5-5 exceeding Two Hundred Dollars ($200.00).
5-6 SECTION 3. Section 22(b), Chapter 173, Acts of the 47th
5-7 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-8 Civil Statutes), is amended to read as follows:
5-9 (b) Except for the fifth (5th), eleventh (11th), twelfth
5-10 (12th), fourteenth (14th), fifteenth (15th), and sixteenth (16th)
5-11 listed grounds in this subsection, for which the director has
5-12 authority to revoke a license, the authority to suspend the license
5-13 of any driver as authorized in this Section is granted the director
5-14 upon determining that the person:
5-15 (1) has operated a motor vehicle on a highway while
5-16 the person's license was suspended, revoked, canceled,
5-17 disqualified, or denied;
5-18 (2) has been responsible as a driver for any accident
5-19 resulting in death;
5-20 (3) is an habitual reckless or negligent driver of a
5-21 motor vehicle;
5-22 (4) is an habitual violator of the traffic law.
5-23 The term "habitual violator" as used herein, shall mean any
5-24 person with four (4) or more convictions arising out of different
5-25 transactions in a consecutive period of twelve (12) months, or
5-26 seven (7) or more convictions arising out of different transactions
5-27 within a period of twenty-four (24) months, such convictions being
6-1 for moving violations of the traffic laws of any state or its
6-2 political subdivisions other than a violation of:
6-3 (A) Section 3 or 5, Chapter 42, General Laws,
6-4 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
6-5 6701d-11, Vernon's Texas Civil Statutes);
6-6 (B) Chapter 293, Acts of the 53rd Legislature,
6-7 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
6-8 Statutes);
6-9 (C) Chapter 608, Acts of the 65th Legislature,
6-10 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
6-11 Statutes);
6-12 (D) Chapter 73, Acts of the 54th Legislature,
6-13 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
6-14 Statutes);
6-15 (E) Chapter 212, Acts of the 56th Legislature,
6-16 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
6-17 Statutes);
6-18 (F) Chapter 8, Acts of the 62nd Legislature,
6-19 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
6-20 Statutes); or
6-21 (G) Section 107C, Uniform Act Regulating Traffic
6-22 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
6-23 (5) is incapable of safely driving a motor vehicle;
6-24 (6) has permitted an unlawful or fraudulent use of
6-25 such license;
6-26 (7) has committed an offense in another state, which
6-27 if committed in this State would be grounds for suspension or
7-1 revocation;
7-2 (8) has violated a restriction or endorsement imposed
7-3 on the use of the license;
7-4 (9) has been responsible as a driver for any accident
7-5 resulting in serious personal injury or serious property damage;
7-6 (10) is the holder of a provisional license under
7-7 Section 11A of this Act and has been convicted of two (2) or more
7-8 moving violations committed within a period of twelve (12) months;
7-9 (11) has not complied with the terms of a citation
7-10 issued by a jurisdiction that is a member of the Nonresident
7-11 Violator Compact of 1977 for a violation to which the compact
7-12 applies;
7-13 (12) has a warrant of arrest outstanding, for failure
7-14 to appear or pay a fine on a complaint, that is issued by a
7-15 political subdivision that has contracted with the Department under
7-16 Article 6687c, Revised Statutes;
7-17 (13) has committed an offense under Section 186,
7-18 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
7-19 Texas Civil Statutes);
7-20 (14) has failed to provide medical records or has
7-21 failed to undergo medical or other examinations as required by a
7-22 panel of the Medical Advisory Board;
7-23 (15) has failed to take, or failed to pass, any
7-24 examination required by the director under this Act; <or>
7-25 (16) has been reported by a court under Section 1c or
7-26 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
7-27 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
8-1 to appear or default in payment of a fine unless the court has
8-2 filed an additional report on final disposition of the case;
8-3 (17) has committed an offense under Section 5(e),
8-4 Chapter 3, Acts of the 43rd Legislature, 2nd Called Session, 1934
8-5 (Article 6675a-3e, Vernon's Texas Civil Statutes), if the offense
8-6 involved the operation or ownership of a motor vehicle on which was
8-7 displayed a license number plate or a symbol, tab, or device
8-8 required by Subsection (b) of that section, that was issued for
8-9 another vehicle or that was fictitious;
8-10 (18) has committed an offense under Section 141(d)(2)
8-11 or (5), Uniform Act Regulating Traffic on Highways (Article 6701d,
8-12 Vernon's Texas Civil Statutes); or
8-13 (19) has committed an offense under Section 1D(b),
8-14 Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
8-15 Vernon's Texas Civil Statutes).
8-16 SECTION 4. Sections 141(d)(2) and (5), Uniform Act
8-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
8-18 Statutes), are amended to read as follows:
8-19 (2) No person shall display or cause or permit to be
8-20 displayed any inspection certificate that is <knowing the same to
8-21 be> fictitious or issued for another vehicle or issued without the
8-22 required inspection having been made. No person may transfer an
8-23 inspection certificate from one windshield or location to another
8-24 windshield or location.
8-25 (5)(A) The owner or operator of a motor vehicle on
8-26 which is displayed an inspection certificate in violation of
8-27 Subdivision (2) of this subsection commits an offense if the
9-1 vehicle is operated or parked on a public highway or a beach.
9-2 (B) An <Except as provided by Paragraph (C) of
9-3 this subdivision, an> offense under this subdivision is a
9-4 misdemeanor punishable by a fine of not less than $100 or more than
9-5 $500 <$200>.
9-6 (C) An offense under this subdivision does not
9-7 require a culpable mental state <is a Class B misdemeanor if the
9-8 inspection certificate is a vehicle emissions inspection
9-9 certificate and the owner knows that the certificate is prohibited
9-10 by Subdivision (2) of this subsection>.
9-11 (D) It is an affirmative defense to prosecution
9-12 under Paragraph (A) of this subdivision that at the time of the
9-13 offense, the operator of the vehicle did not own the vehicle and
9-14 did not know that the certificate was fictitious.
9-15 (E) It is not a defense to prosecution under
9-16 Paragraph (A) of this subdivision that the defendant allowed
9-17 another person to obtain the certificate.
9-18 (F) A motor vehicle on which is displayed an <a
9-19 vehicle emissions> inspection certificate in violation of
9-20 Subdivision (2) of this subsection and that is operated or parked
9-21 on a public roadway or a beach shall <may> be impounded by a peace
9-22 officer or other authorized employee of the state or the political
9-23 subdivision of the state in which the vehicle is parked or
9-24 operated.
9-25 (G) In addition to any other requirement of law,
9-26 the owner of a vehicle impounded under Paragraph (F) of this
9-27 subdivision, or another individual designated by the owner, may
10-1 redeem the vehicle only if the owner or other individual:
10-2 (i) presents to the person authorized to
10-3 release the vehicle from impoundment one of the documents listed in
10-4 Section 1B, Texas Motor Vehicle Safety-Responsibility Act (Article
10-5 6701h, Vernon's Texas Civil Statutes), that shows that financial
10-6 responsibility for the vehicle has been established for the period
10-7 ending on the 91st day after the date release of the vehicle is
10-8 sought; and
10-9 (ii) pays all charges relating to the
10-10 towing and storage of the vehicle.
10-11 SECTION 5. Article 6701g-3, Revised Statutes, is amended by
10-12 adding Section 6 to read as follows:
10-13 Sec. 6. VEHICLE IMPOUNDED UNDER CERTAIN STATUTES. (a) This
10-14 section applies only to a vehicle impounded under:
10-15 (1) Section 5(f) or (h), Chapter 3, Acts of the 43rd
10-16 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
10-17 Texas Civil Statutes); or
10-18 (2) Section 141(d)(5)(F), Uniform Act Regulating
10-19 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
10-20 (b) The state or local agency that employs the person who
10-21 impounds a motor vehicle shall provide notice of the impoundment to
10-22 the owner of the vehicle and each lienholder of record in the
10-23 manner required for notice under Section 5.03, Chapter 741, Acts of
10-24 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
10-25 Vernon's Texas Civil Statutes). The notice shall also state that
10-26 the failure of the owner or lienholder to reclaim the vehicle
10-27 before the 20th day after the date of the notice is:
11-1 (1) a waiver by the owner or lienholder of that
11-2 person's right, title, and interest in the vehicle; and
11-3 (2) consent by the owner or lienholder to the sale of
11-4 the impounded vehicle at public auction.
11-5 (c) A request for a hearing under Section 3 of this article
11-6 must be delivered before the 10th day after the date the person
11-7 receives notice under Subsection (b) of this section.
11-8 (d) The magistrate conducting a hearing on the vehicle under
11-9 Section 4 of this article:
11-10 (1) shall release the vehicle to the owner, the
11-11 owner's designee, or an authorized lienholder if the magistrate
11-12 finds that the license number plate or the symbol, tab, or device
11-13 that was displayed on the vehicle when the vehicle was impounded
11-14 was installed on the vehicle by accident;
11-15 (2) shall release the vehicle to the owner or the
11-16 owner's designee if:
11-17 (A) the vehicle is registered as required by
11-18 law;
11-19 (B) in the event that the vehicle does not
11-20 display a valid certificate of inspection, the applicant posts bond
11-21 in an amount not to exceed $200, conditioned that the vehicle will
11-22 be inspected before the eighth day after the date the vehicle is
11-23 released and proof of the inspection presented to the magistrate
11-24 before the 11th day after the date the vehicle is released;
11-25 (C) the fine is paid, or an appearance bond is
11-26 posted, for each violation incident to the impoundment; and
11-27 (D) the applicant presents to the magistrate one
12-1 of the documents listed in Section 1B, Texas Motor Vehicle
12-2 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
12-3 Statutes), that shows that financial responsibility for the vehicle
12-4 has been established for the period ending on the 91st day after
12-5 the date release of the vehicle is sought;
12-6 (3) may reduce or waive storage charges against the
12-7 vehicle if the vehicle is stored at a vehicle storage facility that
12-8 is owned or operated by a governmental entity and the magistrate
12-9 makes the finding described by Subdivision (1) of this subsection;
12-10 (4) may not waive towing charges against the vehicle;
12-11 and
12-12 (5) notwithstanding Subdivision (3) of this
12-13 subsection, may not waive or reduce storage charges if the vehicle
12-14 is released to a lienholder.
12-15 (e) If the impounded vehicle is not reclaimed as provided by
12-16 this section before the 11th day after the date of the hearing, the
12-17 impounding authority shall sell the vehicle in the manner provided
12-18 for sale of an abandoned motor vehicle under Section 5.04, Chapter
12-19 741, Acts of the 67th Legislature, Regular Session, 1981 (Article
12-20 4477-9a, Vernon's Texas Civil Statutes).
12-21 SECTION 6. Section 1D, Texas Motor Vehicle
12-22 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
12-23 Statutes), is amended to read as follows:
12-24 Sec. 1D. (a) It is a defense to prosecution under Section
12-25 1C of this Act if the person charged produces in court an
12-26 automobile liability insurance policy or a certificate of
12-27 self-insurance previously issued to that person that was valid at
13-1 the time that the offense is alleged to have occurred and the
13-2 charge shall be dismissed.
13-3 (b) A person commits an offense if the policy or certificate
13-4 presented under Subsection (a) of this section is fictitious.
13-5 (c) An offense under this section is a misdemeanor
13-6 punishable by a fine of not less than $100 or more than $500.
13-7 (d) An offense under this section does not require a
13-8 culpable mental state.
13-9 (e) It is not a defense to prosecution under this section
13-10 that the defendant allowed another person to obtain the fictitious
13-11 document.
13-12 SECTION 7. Section 32(b), Texas Motor Vehicle
13-13 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
13-14 Statutes), is amended to read as follows:
13-15 (b) Any person who gives information required in a report or
13-16 otherwise as provided for in Section 4, knowing or having reason to
13-17 believe that such information is false, or who shall forge or,
13-18 without authority, sign any evidence of proof of financial
13-19 responsibility, or who files or offers for filing any such evidence
13-20 of proof with any person or entity other than a court under Section
13-21 1D of this Act, knowing or having reason to believe that it is
13-22 forged or signed without authority, shall be fined not more than
13-23 One Thousand Dollars ($1,000) or imprisoned for not more than one
13-24 year, or both.
13-25 SECTION 8. Articles 6675b-1, 6675b-4, 6675b-4A, 6675b-4B,
13-26 6675b-6, and 6675b-7, Revised Statutes, are repealed.
13-27 SECTION 9. (a) This Act takes effect September 1, 1995.
14-1 (b) The changes in law made by this Act apply only to an
14-2 offense committed, or a vehicle impounded, on or after that date.
14-3 (c) An offense committed, or a vehicle impounded, before the
14-4 effective date of this Act is covered by the law in effect when the
14-5 offense was committed or the vehicle was impounded, and the former
14-6 law is continued in effect for that purpose.
14-7 (d) For purposes of this section, an offense was committed
14-8 before the effective date of this Act if any element of the offense
14-9 occurred before that date.
14-10 SECTION 10. The importance of this legislation and the
14-11 crowded condition of the calendars in both houses create an
14-12 emergency and an imperative public necessity that the
14-13 constitutional rule requiring bills to be read on three several
14-14 days in each house be suspended, and this rule is hereby suspended.