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.