By Gutierrez, Flores, Solis H.B. No. 1048
75R1680 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of a conviction for
1-3 certain offenses involving a fictitious motor vehicle license
1-4 plate, registration insignia, or safety inspection certificate.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 502.409, Transportation Code, is amended
1-7 by amending Subsection (b) and adding Subsection (f) to read as
1-8 follows:
1-9 (b) Except as provided by Subsection (f), an [An] offense
1-10 under Subsection (a) is a misdemeanor punishable by a fine of not
1-11 more than $200, unless it is shown at the trial of the offense that
1-12 the owner knowingly altered or made illegible the letters, numbers,
1-13 and other identification marks, in which case the offense is a
1-14 Class B misdemeanor.
1-15 (f) An offense under Subsection (a)(4) is a Class B
1-16 misdemeanor.
1-17 SECTION 2. Section 548.603, Transportation Code, is amended
1-18 by adding Subsection (f) to read as follows:
1-19 (f) Notwithstanding Subsection (c), an offense under
1-20 Subsection (a)(1) that involves a fictitious inspection certificate
1-21 is a Class B misdemeanor.
1-22 SECTION 3. Section 521.343(a), Transportation Code, is
1-23 amended to read as follows:
1-24 (a) Except as provided by Sections 521.342(b), 521.344(a),
2-1 (b), (d), (e), (f), (g), (h), and (i), 521.345, [and] 521.346, and
2-2 521.3465, a suspension under this subchapter is for one year.
2-3 SECTION 4. Subchapter O, Chapter 521, Transportation Code,
2-4 is amended by adding Sections 521.3465 and 521.3466 to read as
2-5 follows:
2-6 Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF CERTAIN
2-7 OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE PLATES,
2-8 REGISTRATION INSIGNIA, OR SAFETY INSPECTION CERTIFICATES. (a) A
2-9 license is automatically suspended on final conviction of the
2-10 license holder of:
2-11 (1) an offense under Section 502.409(a)(4); or
2-12 (2) an offense under Section 548.603(a)(1) that
2-13 involves a fictitious safety inspection certificate.
2-14 (b) A suspension under this section is for 180 days.
2-15 (c) If the person is a resident of this state without a
2-16 driver's license to operate a motor vehicle, the director shall
2-17 issue an order prohibiting the person from being issued a driver's
2-18 license before the 181st day after the date of the conviction.
2-19 Sec. 521.3466. AUTOMATIC REVOCATION FOR OFFENSE INVOLVING
2-20 CERTAIN FRAUDULENT GOVERNMENTAL RECORDS. (a) A license is
2-21 automatically revoked on final conviction of the license holder of
2-22 an offense under Section 37.10, Penal Code, if the governmental
2-23 record was a motor vehicle license plate or registration insignia,
2-24 within the meaning of Chapter 502, or a safety inspection
2-25 certificate, within the meaning of Chapter 548.
2-26 (b) If the person is a resident of this state without a
2-27 driver's license to operate a motor vehicle, the director shall
3-1 issue an order prohibiting the person from being issued a driver's
3-2 license until the second anniversary of the date of the conviction.
3-3 (c) Section 521.347 applies to a conviction under Section
3-4 37.10, Penal Code, in the same manner that section applies to a
3-5 conviction of an offense that requires automatic suspension of a
3-6 person's driver's license.
3-7 (d) The department may not issue a driver's license to the
3-8 person before the second anniversary of the date of the conviction.
3-9 The department may issue a driver's license to the person only if
3-10 the person:
3-11 (1) applies to the department for the license;
3-12 (2) is otherwise qualified for the license; and
3-13 (3) pays, in addition to the fee required by Section
3-14 521.421, a fee of $100.
3-15 SECTION 5. This Act takes effect September 1, 1997. The
3-16 changes in law made by this Act apply only to an offense committed
3-17 on or after September 1, 1997. An offense committed before
3-18 September 1, 1997, is covered by the law in effect when the offense
3-19 was committed, and the former law is continued in effect for that
3-20 purpose. For purposes of this section, an offense was committed
3-21 before September 1, 1997, if any element of the offense occurred
3-22 before that date.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.