SRC-MAX H.B. 1048 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1048
By: Gutierrez (Armbrister)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, the use of counterfeit safety inspection certificates and
vehicle registration documentation is rampant in certain regions of the
state.  These fictitious items are relatively easy to reproduce and
difficult to identify from a distance.  In addition, it is usually less
expensive to purchase counterfeit documentation than it is to buy the real
stickers or insignias.  This bill sets forth provisions which will
penalize the perpetrators of certain fraudulent activities concerning
license plates, registration insignia, or safety inspection certificates.

PURPOSE

As proposed, H.B. 1048 sets forth provisions regarding civil and criminal
consequences of a conviction for offenses involving fictitious motor
vehicle license plates, registration insignia, or safety inspection
certificates. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 502.409, Transportation Code, by amending
Subsection (b) and adding Subsection (f), to provide that an offense under
Subsection (a)(4) is a Class B misdemeanor. Makes a conforming change.    

SECTION 2. Amends Section 548.603, Transportation Code, by adding
Subsection (f), to provide that an offense under Subsection (a)(1) that
involves a fictitious inspection certification is a Class B misdemeanor.  

SECTION 3. Amends Section 521.343(a), Transportation Code, to  add Section
521.3465 to a list of exceptions to a suspension under this subchapter for
one year. 

SECTION 4. Amends Chapter 521O, Transportation Code, by adding Sections
521.3465 and 521.3466, as follows: 

Sec.  521.3465.  AUTOMATIC SUSPENSION ON CONVICTION OF CERTAIN OFFENSES
INVOLVING FICTITIOUS MOTOR VEHICLE LICENCE PLATES, REGISTRATION INSIGNIA,
OR SAFETY INSPECTION CERTIFICATES.  Provides that a license is
automatically suspended on final conviction of the license holder of
certain offenses under Section 502.409(a)(4) or 548.603(a)(1).  Sets forth
provisions regarding a suspension. 

Sec.  521.3466.  AUTOMATIC REVOCATION FOR OFFENSE INVOLVING CERTAIN
FRAUDULENT GOVERNMENTAL RECORDS. Sets forth provisions regarding a
revocation of a license under certain conditions. 




 SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.