By: Callegari (Senate Sponsor - Lindsay) H.B. No. 504
(In the Senate - Received from the House April 25, 2005;
April 26, 2005, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2005, reported
favorably by the following vote: Yeas 5, Nays 0; May 23, 2005, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an offense involving a motor vehicle with an altered or
obscured license plate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.409, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A person commits an offense if the person attaches to or
displays on a motor vehicle a number plate or registration insignia
that:
(1) is assigned to a different motor vehicle;
(2) is assigned to the vehicle under any other motor
vehicle law other than by the department;
(3) is assigned for a registration period other than
the registration period in effect;
(4) is fictitious;
(5) has [letters, numbers, or other identification
marks that because of] blurring or reflective matter that impairs
the readability of the name of the state in which the vehicle is
registered or the letters or numbers of the license plate number
[are not plainly visible] at any time [all times during daylight];
(6) has an attached illuminated device or sticker,
decal, emblem, or other insignia that is not authorized by law and
that interferes with the readability of the letters or numbers of
[on] the license plate number or the name of the state in which the
vehicle is registered; or
(7) has a coating, covering, or protective material
that:
(A) distorts angular visibility or
detectability; [or]
(B) alters or obscures one-half or more of the
name of the state in which the vehicle is registered; or
(C) alters or obscures the letters or numbers of
[on] the license plate number or[,] the color of the plate[, or
another original design feature of the plate].
(c) It is an exception to the application of Subsection
(a)(7)(B) that the device that alters or obscures the name of the
state is a transponder as defined by Section 224.158.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
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