By Moncrief                                      S.B. No. 391

      75R2270 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the falsification of certain licenses and documents

 1-3     provided for by law in relation to operation of a motor vehicle.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 37.10(d), Penal Code, is amended to read

 1-6     as follows:

 1-7           (d)  An offense under this section is a felony of the third

 1-8     degree if it is shown on the trial of the offense that the

 1-9     governmental record was a license, certificate, permit, seal,

1-10     title, or similar document issued by government or a form,

1-11     certificate, or other document described by Section 601.087,

1-12     Transportation Code, unless the actor's intent is to defraud or

1-13     harm another, in which event the offense is a felony of the second

1-14     degree.

1-15           SECTION 2.  Section 503.067, Transportation Code, is amended

1-16     to read as follows:

1-17           Sec. 503.067.  UNAUTHORIZED REPRODUCTION OF TEMPORARY

1-18     CARDBOARD TAGS.  (a)  A person other than a dealer may not produce

1-19     or reproduce a buyer's or dealer's temporary cardboard tag.

1-20           (b)  A person may not operate a vehicle with knowledge that

1-21     the vehicle displays an unauthorized temporary cardboard tag.

1-22           (c)  A person commits an offense if the person violates this

1-23     section.  An offense under this section is a felony of the third

1-24     degree.

 2-1           SECTION 3.  Section 503.094(b), Transportation Code, is

 2-2     amended to read as follows:

 2-3           (b)  Except as provided by Section 503.067, an [An] offense

 2-4     under this section is a misdemeanor punishable by a fine of not

 2-5     less than $50 or more than $5,000.

 2-6           SECTION 4.  (a)  The change in law made by this Act applies

 2-7     only to an offense committed on or after the effective date of this

 2-8     Act.  For the purposes of this section, an offense is committed

 2-9     before the effective date of this Act if any element of the offense

2-10     occurs before that date.

2-11           (b)  An offense committed before the effective date of this

2-12     Act is governed by the law in effect when the offense was

2-13     committed, and the former law is continued in effect for that

2-14     purpose.

2-15           SECTION 5.  This Act takes effect September 1, 1997.

2-16           SECTION 6.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.