JWW H.B. 1048 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1048
By: Gutierrez
4-28-97
Committee Report (Unamended)



BACKGROUND 

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.   

Current penalties against producers of these counterfeit items are
negligible.  Many times, persons who produce these false stickers and
insignias find it less burdensome to pay a fine, should they be caught,
rather than giving up their lucrative business.  Unfortunately, the brisk
trade of these documents is a reaction to state law requiring mandatory
liability insurance coverage. 

PURPOSE

This bill will make it a class B misdemeanor to knowingly displays a
fictitious vehicle license, registration, or safety inspection sticker.
Moreover, anyone convicted of displaying a fictitious vehicle license,
registration, or safety inspection sticker will automatically have their
driver's license suspended.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Section 502.409, Transportation Code, is amended as follows:

  (b)  Adds "Except as provided by Subsection (f), an" and removes "An."

  (f) Adds "An offense under Subsection (a)(4) is a class B misdemeanor."

SECTION 2 Amends Section 548.603, Transportation Code as follows:

  (f)  Knowingly displaying a fictitious safety inspection sticker a class
B misdemeanor. 

SECTION 3 Section 521.343(a), Transportation Code is amended as follows:
  
  (a)  Adds an offense under 521.3456, Transportation Code to the offenses
listed   whereby a driver's license is automatically suspended for one
year. 

SECTION 4 Adds the following to Subchapter O, Chapter 521, Transportation
Code: 

  Section 521.3465.  AUTOMATIC SUSPENSION ON CONVICTION OF CERTAIN
OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE PLATES,   REGISTRATION
INSIGNIA, OR SAFETY INSPECTION CERTIFICATES. 

   (a)  Driver's licenses are automatically suspended on final conviction
of an offense   under: 
   (1) Section 502.409(a)(4), Transportation Code; or
   (2) Section 548.603(a)(1), Transportation Code involving a fictitious
safety    inspection certificate. 

  (b)  Length of suspension is 180 days.
  
  (c)  Residents of Texas without a driver's license will be prohibited by
order of the   director from being issued a driver's license prior to the
181st day following   conviction. 

  Section 521.3466.  AUTOMATIC REVOCATION FOR OFFENSE INVOLVING   CERTAIN
FRAUDULENT GOVERNMENT RECORDS. 

  (a)   If a person is convicted of using a fictitious motor vehicle
license plate (Sec.   502) or registration sticker (Sec. 548),  that
person's driver's license will be   automatically revoked under Section
37.10, Penal Code. 

  (b)  Residents of Texas convicted of this offense will be prohibited by
order of the   director from being issued a driver's license until the
second anniversary of the   conviction date. 

  (c)  Persons convicted under Section 37.10, Penal Code, will be required
to surrender   their driver's license to the court according to Section
521.347, Transportation Code.  

  (d)  No drivers license will be issued to persons convicted under this
section   before the second anniversary of conviction.  A license will be
issued if the   person: 
   (1) applies for a license;
   (2) is otherwise qualified for a license; and 
   (3) pays a $100 fee in addition to the regular fee required by Section
521.421, Transportation Code. 

 SECTION 5 Effective Date: September 1, 1997.

 SECTION 6  Emergency Clause.