79R8263 MTB-F
By: Phillips H.B. No. 2136
A BILL TO BE ENTITLED
AN ACT
relating to certain penalties and fees imposed for operating a
motor vehicle or vessel in violation of law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.407(b), Transportation Code, is
amended to read as follows:
(b) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge of driving with an expired motor
vehicle registration if the defendant:
(A) remedies the defect not later than the 10th
working day after the date of the offense; and
(B) establishes that the fee prescribed by
Section 502.176 has been paid; and
(2) assess an administrative fee not to exceed $25
[$10] when the charge is dismissed.
SECTION 2. Section 521.025, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) The court may assess the defendant an administrative fee
not to exceed $25 if a charge under this section is dismissed
because of a defense listed under Subsection (d).
SECTION 3. Section 521.026(b), Transportation Code, is
amended to read as follows:
(b) The judge may assess the defendant an administrative fee
not to exceed $25 [$10] when the charge of driving with an expired
driver's license is dismissed under Subsection (a).
SECTION 4. Section 521.054, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) A court may dismiss a charge for a violation of this
section if the defendant:
(1) remedies the defect not later than the 10th
working day after the date of the offense; and
(2) pays an administrative fee not to exceed $25.
SECTION 5. Section 542.301(b), Transportation Code, is
amended to read as follows:
(b) Except as otherwise provided, an offense under this
subtitle is a Class C misdemeanor.
SECTION 6. Section 545.412(b), Transportation Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 [$100] or more than $500
[$200].
SECTION 7. Section 545.413(d), Transportation Code, is
amended to read as follows:
(d) An offense under this section [Subsection (a)] is a
misdemeanor punishable by a fine of not less than $1 [$25] or more
than $500 [$50. An offense under Subsection (b) is a misdemeanor
punishable by a fine of not less than $100 or more than $200].
SECTION 8. Section 548.605(b), Transportation Code, is
amended to read as follows:
(b) The court shall:
(1) dismiss a charge of driving with an expired
inspection certificate if:
(A) the defendant remedies the defect within 10
working days; and
(B) the inspection certificate has not been
expired for more than 60 days; and
(2) assess an administrative fee not to exceed $25
[$10] when the charge of driving with an expired inspection
certificate has been remedied.
SECTION 9. Section 31.127, Parks and Wildlife Code, is
amended by amending Subsection (c) and adding Subsection (f) to
read as follows:
(c) Except as provided by Subsection (f), a [A] person who
operates a vessel in violation of Section 31.021(b) or 31.095
commits an offense punishable by a fine of not less than $100 or
more than $500.
(f) A court may dismiss a charge of operating a vessel with
an expired certificate of number under Section 31.021 if:
(1) the defendant remedies the defect not later than
the 10th working day after the date of the offense and pays an
administrative fee not to exceed $25; and
(2) the certificate of number has not been expired for
more than 60 days.
SECTION 10. Section 542.401, Transportation Code, is
repealed.
SECTION 11. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For the 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 governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2005.