By Carter H.B. No. 2957
74R5006 JD-F
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 two license number plates, one at
1-12 the front and one at the rear, that have been assigned by the
1-13 department to the vehicle for the current registration period or
1-14 have been validated by a symbol, tab, or other device for the
1-15 current registration period. An offense under this subsection is a
1-16 misdemeanor punishable by a fine not to exceed $200.
1-17 (b) A person commits an offense if the person operates a
1-18 <passenger car or commercial> motor vehicle on a public highway or
1-19 a beach, other than a vehicle that has been assigned license plates
1-20 for the current registration period, that does not properly display
1-21 the symbol, tab, or other device issued by the department that
1-22 establishes that the license plates have been validated for the
1-23 current registration period. An offense under this subsection is a
1-24 misdemeanor punishable by a fine not to exceed $200.
2-1 (e) In a county covered by a vehicle emissions inspection
2-2 and maintenance program as required by the Texas air quality state
2-3 implementation plan, the owner of a motor vehicle that has not been
2-4 registered as required by law commits an offense if the vehicle is
2-5 operated or parked on a public roadway or a beach. An offense
2-6 under this subsection is punishable by a fine of not less than $100
2-7 or more than $200.
2-8 (f) In a county covered by a vehicle emissions inspection
2-9 and maintenance program, a vehicle that has not been registered as
2-10 required by law and that is operated or parked on a public roadway
2-11 or a beach may be impounded by a peace officer or other authorized
2-12 employee of the state or the political subdivision of the state in
2-13 which the vehicle is operated or parked.
2-14 (g)(1) A person commits an offense if the person owns or
2-15 operates a motor vehicle that:
2-16 (A) is operated on a public highway or a beach;
2-17 and
2-18 (B) displays a license number plate or a symbol,
2-19 tab, or device required by Subsection (b) of this section that is:
2-20 (i) expired;
2-21 (ii) issued for another vehicle; or
2-22 (iii) fictitious.
2-23 (2) An offense under this subsection is a misdemeanor
2-24 punishable by:
2-25 (A) a fine not to exceed $200, if the license
2-26 number plate or the symbol, tab, or device is expired; or
2-27 (B) a fine of not less than $200 or more than
3-1 $500, if the license number plate or the symbol, tab, or device is
3-2 issued for another vehicle or fictitious.
3-3 (3) An offense under this subsection does not require
3-4 a culpable mental state.
3-5 (4) It is an affirmative defense to prosecution under
3-6 this subsection that at the time of the offense, the operator of
3-7 the vehicle did not own the vehicle and did not know that the
3-8 license number plate or the symbol, tab, or device was fictitious.
3-9 (5) It is not a defense to prosecution under this
3-10 subsection that the defendant allowed another person to obtain the
3-11 fictitious license number plate or the fictitious symbol, tab, or
3-12 device.
3-13 (h)(1) A vehicle that is operated or parked on a public
3-14 highway or a beach and displays a license number plate or a symbol,
3-15 tab, or device required by Subsection (b) of this section that is
3-16 issued for another vehicle or fictitious shall be impounded by a
3-17 peace officer or other authorized employee of the state or the
3-18 political subdivision of the state in which the vehicle is operated
3-19 or parked.
3-20 (2) In addition to any other requirement of law, the
3-21 owner of a vehicle impounded under this subsection, or another
3-22 individual designated by the owner, may redeem the vehicle from
3-23 impoundment only if the owner or other individual:
3-24 (A) presents to the person authorized to release
3-25 the vehicle from impoundment a valid registration receipt for the
3-26 vehicle; and
3-27 (B) pays all charges relating to the towing and
4-1 storage of the vehicle.
4-2 (i)(1) A person commits an offense if:
4-3 (A) the person operates a motor vehicle on a
4-4 public highway or a beach, or owns a motor vehicle that is operated
4-5 on a public highway or a beach; and
4-6 (B) the vehicle's license number plate, or the
4-7 symbol, tab, or device required by Subsection (b) of this section,
4-8 is not kept clear, distinct, and free from grease or other blurring
4-9 matter so that it may be plainly seen during the daytime.
4-10 (2) An offense under this subsection is a misdemeanor
4-11 punishable by a fine not to exceed $200.
4-12 (j)(1) A person commits an offense if the person transfers
4-13 the symbol, tab, or device required by Subsection (b) of this
4-14 section from the vehicle for which the symbol, tab, or device was
4-15 issued to another vehicle.
4-16 (2) An offense under this subsection is a misdemeanor
4-17 punishable by a fine of not less than $100 or more than $500.
4-18 SECTION 2. Section 8, Chapter 3, Acts of the 43rd
4-19 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
4-20 Texas Civil Statutes), is amended to read as follows:
4-21 Sec. 8. Except as otherwise provided by this Act, a <Any>
4-22 person convicted of a misdemeanor for violation of Section 5,
4-23 Section 6 or Section 7 of this Act shall be fined in any sum not
4-24 exceeding Two Hundred Dollars ($200.00).
4-25 SECTION 3. Section 22(b), Chapter 173, Acts of the 47th
4-26 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-27 Civil Statutes), is amended to read as follows:
5-1 (b) Except for the fifth (5th), eleventh (11th), twelfth
5-2 (12th), fourteenth (14th), fifteenth (15th), and sixteenth (16th)
5-3 listed grounds in this subsection, for which the director has
5-4 authority to revoke a license, the authority to suspend the license
5-5 of any driver as authorized in this Section is granted the director
5-6 upon determining that the person:
5-7 (1) has operated a motor vehicle on a highway while
5-8 the person's license was suspended, revoked, canceled,
5-9 disqualified, or denied;
5-10 (2) has been responsible as a driver for any accident
5-11 resulting in death;
5-12 (3) is an habitual reckless or negligent driver of a
5-13 motor vehicle;
5-14 (4) is an habitual violator of the traffic law.
5-15 The term "habitual violator" as used herein, shall mean any
5-16 person with four (4) or more convictions arising out of different
5-17 transactions in a consecutive period of twelve (12) months, or
5-18 seven (7) or more convictions arising out of different transactions
5-19 within a period of twenty-four (24) months, such convictions being
5-20 for moving violations of the traffic laws of any state or its
5-21 political subdivisions other than a violation of:
5-22 (A) Section 3 or 5, Chapter 42, General Laws,
5-23 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
5-24 6701d-11, Vernon's Texas Civil Statutes);
5-25 (B) Chapter 293, Acts of the 53rd Legislature,
5-26 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
5-27 Statutes);
6-1 (C) Chapter 608, Acts of the 65th Legislature,
6-2 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
6-3 Statutes);
6-4 (D) Chapter 73, Acts of the 54th Legislature,
6-5 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
6-6 Statutes);
6-7 (E) Chapter 212, Acts of the 56th Legislature,
6-8 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
6-9 Statutes);
6-10 (F) Chapter 8, Acts of the 62nd Legislature,
6-11 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
6-12 Statutes); or
6-13 (G) Section 107C, Uniform Act Regulating Traffic
6-14 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
6-15 (5) is incapable of safely driving a motor vehicle;
6-16 (6) has permitted an unlawful or fraudulent use of
6-17 such license;
6-18 (7) has committed an offense in another state, which
6-19 if committed in this State would be grounds for suspension or
6-20 revocation;
6-21 (8) has violated a restriction or endorsement imposed
6-22 on the use of the license;
6-23 (9) has been responsible as a driver for any accident
6-24 resulting in serious personal injury or serious property damage;
6-25 (10) is the holder of a provisional license under
6-26 Section 11A of this Act and has been convicted of two (2) or more
6-27 moving violations committed within a period of twelve (12) months;
7-1 (11) has not complied with the terms of a citation
7-2 issued by a jurisdiction that is a member of the Nonresident
7-3 Violator Compact of 1977 for a violation to which the compact
7-4 applies;
7-5 (12) has a warrant of arrest outstanding, for failure
7-6 to appear or pay a fine on a complaint, that is issued by a
7-7 political subdivision that has contracted with the Department under
7-8 Article 6687c, Revised Statutes;
7-9 (13) has committed an offense under Section 186,
7-10 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
7-11 Texas Civil Statutes);
7-12 (14) has failed to provide medical records or has
7-13 failed to undergo medical or other examinations as required by a
7-14 panel of the Medical Advisory Board;
7-15 (15) has failed to take, or failed to pass, any
7-16 examination required by the director under this Act; <or>
7-17 (16) has been reported by a court under Section 1c or
7-18 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
7-19 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
7-20 to appear or default in payment of a fine unless the court has
7-21 filed an additional report on final disposition of the case;
7-22 (17) has committed an offense under Section 5(e),
7-23 Chapter 3, Acts of the 43rd Legislature, 2nd Called Session, 1934
7-24 (Article 6675a-3e, Vernon's Texas Civil Statutes), if the offense
7-25 involved the operation or ownership of a motor vehicle on which was
7-26 displayed a license number plate or a symbol, tab, or device
7-27 required by Subsection (b) of that section, that was issued for
8-1 another vehicle or that was fictitious;
8-2 (18) has committed an offense under Section 141(d)(2)
8-3 or (5), Uniform Act Regulating Traffic on Highways (Article 6701d,
8-4 Vernon's Texas Civil Statutes); or
8-5 (19) has committed an offense under Section 1D(b),
8-6 Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
8-7 Vernon's Texas Civil Statutes).
8-8 SECTION 4. Sections 141(d)(2) and (5), Uniform Act
8-9 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
8-10 Statutes), are amended to read as follows:
8-11 (2) No person shall display or cause or permit to be
8-12 displayed any inspection certificate that is <knowing the same to
8-13 be> fictitious or issued for another vehicle or issued without the
8-14 required inspection having been made. No person may transfer an
8-15 inspection certificate from one windshield or location to another
8-16 windshield or location.
8-17 (5)(A) The owner or operator of a motor vehicle on
8-18 which is displayed an inspection certificate in violation of
8-19 Subdivision (2) of this subsection commits an offense if the
8-20 vehicle is operated or parked on a public highway or a beach.
8-21 (B) An <Except as provided by Paragraph (C) of
8-22 this subdivision, an> offense under this subdivision is a
8-23 misdemeanor punishable by a fine of not less than $100 or more than
8-24 $500 <$200>.
8-25 (C) An offense under this subdivision does not
8-26 require a culpable mental state <is a Class B misdemeanor if the
8-27 inspection certificate is a vehicle emissions inspection
9-1 certificate and the owner knows that the certificate is prohibited
9-2 by Subdivision (2) of this subsection>.
9-3 (D) It is an affirmative defense to prosecution
9-4 under Paragraph (A) of this subdivision that at the time of the
9-5 offense, the operator of the vehicle did not own the vehicle and
9-6 did not know that the certificate was fictitious.
9-7 (E) It is not a defense to prosecution under
9-8 Paragraph (A) of this subdivision that the defendant allowed
9-9 another person to obtain the certificate.
9-10 (F) A motor vehicle on which is displayed a
9-11 vehicle emissions inspection certificate in violation of
9-12 Subdivision (2) of this subsection and that is operated or parked
9-13 on a public roadway or a beach shall <may> be impounded by a peace
9-14 officer or other authorized employee of the state or the political
9-15 subdivision of the state in which the vehicle is parked or
9-16 operated.
9-17 (G) In addition to any other requirement of law,
9-18 the owner of a vehicle impounded under Paragraph (F) of this
9-19 subdivision, or another individual designated by the owner, may
9-20 redeem the vehicle only if the owner or other individual:
9-21 (i) presents to the person authorized to
9-22 release the vehicle from impoundment one of the documents listed in
9-23 Section 1B, Texas Motor Vehicle Safety-Responsibility Act (Article
9-24 6701h, Vernon's Texas Civil Statutes), that shows that financial
9-25 responsibility for the vehicle has been established for the period
9-26 ending on the 91st day after the date release of the vehicle is
9-27 sought; and
10-1 (ii) pays all charges relating to the
10-2 towing and storage of the vehicle.
10-3 SECTION 5. Article 6701g-3, Revised Statutes, is amended by
10-4 adding Section 6 to read as follows:
10-5 Sec. 6. VEHICLE IMPOUNDED UNDER CERTAIN STATUTES. (a) This
10-6 section applies only to a vehicle impounded under:
10-7 (1) Section 5(f) or (h), Chapter 3, Acts of the 43rd
10-8 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
10-9 Texas Civil Statutes); or
10-10 (2) Section 141(d)(5)(F), Uniform Act Regulating
10-11 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
10-12 (b) The state or local agency that employs the person who
10-13 impounds a motor vehicle shall provide notice of the impoundment in
10-14 the manner required for notice under Section 5.03, Article 4477-9a,
10-15 Vernon's Texas Civil Statutes.
10-16 (c) A request for a hearing under Section 3 of this article
10-17 must be delivered before the 10th day after the date the person
10-18 receives notice under Subsection (b) of this section.
10-19 (d) The magistrate conducting a hearing on the vehicle under
10-20 Section 4 of this article:
10-21 (1) shall release the vehicle to the owner, the
10-22 owner's designee, or an authorized lienholder if the magistrate
10-23 finds that the license number plate or the symbol, tab, or device
10-24 that was displayed on the vehicle when the vehicle was impounded
10-25 was installed on the vehicle by accident;
10-26 (2) may reduce or waive storage charges against the
10-27 vehicle if the vehicle is stored at a vehicle storage facility that
11-1 is owned or operated by a governmental entity;
11-2 (3) may not waive towing charges against the vehicle;
11-3 and
11-4 (4) notwithstanding Subdivision (2) of this
11-5 subsection, may not waive or reduce storage charges if the vehicle
11-6 is released to a lienholder.
11-7 SECTION 6. Section 1D, Texas Motor Vehicle
11-8 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
11-9 Statutes), is amended to read as follows:
11-10 Sec. 1D. (a) It is a defense to prosecution under Section
11-11 1C of this Act if the person charged produces in court an
11-12 automobile liability insurance policy or a certificate of
11-13 self-insurance previously issued to that person that was valid at
11-14 the time that the offense is alleged to have occurred and the
11-15 charge shall be dismissed.
11-16 (b) A person commits an offense if the policy or certificate
11-17 presented under Subsection (a) of this section is fictitious.
11-18 (c) An offense under this section is a misdemeanor
11-19 punishable by a fine of not less than $100 or more than $500.
11-20 (d) An offense under this section does not require a
11-21 culpable mental state.
11-22 (e) It is not a defense to prosecution under this section
11-23 that the defendant allowed another person to obtain the fictitious
11-24 document.
11-25 SECTION 7. Section 32(b), Texas Motor Vehicle
11-26 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
11-27 Statutes), is amended to read as follows:
12-1 (b) Any person who gives information required in a report or
12-2 otherwise as provided for in Section 4, knowing or having reason to
12-3 believe that such information is false, or who shall forge or,
12-4 without authority, sign any evidence of proof of financial
12-5 responsibility, or who files or offers for filing any such evidence
12-6 of proof with any person or entity other than a court under Section
12-7 1D of this Act, knowing or having reason to believe that it is
12-8 forged or signed without authority, shall be fined not more than
12-9 One Thousand Dollars ($1,000) or imprisoned for not more than one
12-10 year, or both.
12-11 SECTION 8. Articles 6675b-1, 6675b-4A, 6675b-4B, 6675b-6,
12-12 and 6675b-7, Revised Statutes, are repealed.
12-13 SECTION 9. (a) This Act takes effect September 1, 1995.
12-14 (b) The changes in law made by this Act apply only to an
12-15 offense committed, or a vehicle impounded, on or after that date.
12-16 (c) An offense committed, or a vehicle impounded, before the
12-17 effective date of this Act is covered by the law in effect when the
12-18 offense was committed or the vehicle was impounded, and the former
12-19 law is continued in effect for that purpose.
12-20 (d) For purposes of this section, an offense was committed
12-21 before the effective date of this Act if any element of the offense
12-22 occurred before that date.
12-23 SECTION 10. The importance of this legislation and the
12-24 crowded condition of the calendars in both houses create an
12-25 emergency and an imperative public necessity that the
12-26 constitutional rule requiring bills to be read on three several
12-27 days in each house be suspended, and this rule is hereby suspended.