1-1 By: Gutierrez, Flores, Solis H.B. No. 1048
1-2 (Senate Sponsor - Armbrister)
1-3 (In the Senate - Received from the House May 12, 1997;
1-4 May 13, 1997, read first time and referred to Committee on State
1-5 Affairs; May 18, 1997, reported favorably by the following vote:
1-6 Yeas 12, Nays 0; May 18, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the civil and criminal consequences of a conviction for
1-10 certain offenses involving a fictitious motor vehicle license
1-11 plate, registration insignia, or safety inspection certificate.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 502.409, Transportation Code, is amended
1-14 by amending Subsection (b) and adding Subsection (f) to read as
1-15 follows:
1-16 (b) Except as provided by Subsection (f), an [An] offense
1-17 under Subsection (a) is a misdemeanor punishable by a fine of not
1-18 more than $200, unless it is shown at the trial of the offense that
1-19 the owner knowingly altered or made illegible the letters, numbers,
1-20 and other identification marks, in which case the offense is a
1-21 Class B misdemeanor.
1-22 (f) An offense under Subsection (a)(4) is a Class B
1-23 misdemeanor.
1-24 SECTION 2. Section 548.603, Transportation Code, is amended
1-25 by adding Subsection (f) to read as follows:
1-26 (f) Notwithstanding Subsection (c), an offense under
1-27 Subsection (a)(1) that involves a fictitious inspection certificate
1-28 is a Class B misdemeanor.
1-29 SECTION 3. Section 521.343(a), Transportation Code, is
1-30 amended to read as follows:
1-31 (a) Except as provided by Sections 521.342(b), 521.344(a),
1-32 (b), (d), (e), (f), (g), (h), and (i), 521.345, [and] 521.346, and
1-33 521.3465, a suspension under this subchapter is for one year.
1-34 SECTION 4. Subchapter O, Chapter 521, Transportation Code,
1-35 is amended by adding Sections 521.3465 and 521.3466 to read as
1-36 follows:
1-37 Sec. 521.3465. AUTOMATIC SUSPENSION ON CONVICTION OF CERTAIN
1-38 OFFENSES INVOLVING FICTITIOUS MOTOR VEHICLE LICENSE PLATES,
1-39 REGISTRATION INSIGNIA, OR SAFETY INSPECTION CERTIFICATES. (a) A
1-40 license is automatically suspended on final conviction of the
1-41 license holder of:
1-42 (1) an offense under Section 502.409(a)(4); or
1-43 (2) an offense under Section 548.603(a)(1) that
1-44 involves a fictitious safety inspection certificate.
1-45 (b) A suspension under this section is for 180 days.
1-46 (c) If the person is a resident of this state without a
1-47 driver's license to operate a motor vehicle, the director shall
1-48 issue an order prohibiting the person from being issued a driver's
1-49 license before the 181st day after the date of the conviction.
1-50 Sec. 521.3466. AUTOMATIC REVOCATION FOR OFFENSE INVOLVING
1-51 CERTAIN FRAUDULENT GOVERNMENTAL RECORDS. (a) A license is
1-52 automatically revoked on final conviction of the license holder of
1-53 an offense under Section 37.10, Penal Code, if the governmental
1-54 record was a motor vehicle license plate or registration insignia,
1-55 within the meaning of Chapter 502, or a safety inspection
1-56 certificate, within the meaning of Chapter 548.
1-57 (b) If the person is a resident of this state without a
1-58 driver's license to operate a motor vehicle, the director shall
1-59 issue an order prohibiting the person from being issued a driver's
1-60 license until the second anniversary of the date of the conviction.
1-61 (c) Section 521.347 applies to a conviction under Section
1-62 37.10, Penal Code, in the same manner that section applies to a
1-63 conviction of an offense that requires automatic suspension of a
1-64 person's driver's license.
2-1 (d) The department may not issue a driver's license to the
2-2 person before the second anniversary of the date of the conviction.
2-3 The department may issue a driver's license to the person only if
2-4 the person:
2-5 (1) applies to the department for the license;
2-6 (2) is otherwise qualified for the license; and
2-7 (3) pays, in addition to the fee required by Section
2-8 521.421, a fee of $100.
2-9 SECTION 5. This Act takes effect September 1, 1997. The
2-10 changes in law made by this Act apply only to an offense committed
2-11 on or after September 1, 1997. An offense committed before
2-12 September 1, 1997, is covered by the law in effect when the offense
2-13 was committed, and the former law is continued in effect for that
2-14 purpose. For purposes of this section, an offense was committed
2-15 before September 1, 1997, if any element of the offense occurred
2-16 before that date.
2-17 SECTION 6. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
2-22 * * * * *