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A BILL TO BE ENTITLED
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AN ACT
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relating to certain penalties and fees imposed for operating a |
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motor vehicle or vessel in violation of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.404, Transportation Code, is amended |
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by adding Subsections (f) and (g) to read as follows: |
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(f) A court may dismiss a charge brought under Subsection |
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(a) if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $25. |
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(g) A court may dismiss a charge brought under Subsection |
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(b) if the defendant: |
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(1) shows that: |
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(A) the passenger car or commercial motor vehicle |
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was issued a registration insignia by the department that |
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establishes that the vehicle was registered for the period during |
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which the offense was committed; and |
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(B) the registration insignia described in |
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Paragraph (A) was attached to the passenger car or commercial motor |
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vehicle before the defendant's first court appearance; and |
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(2) pays an administrative fee not to exceed $25. |
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SECTION 2. Section 502.407(b), Transportation Code, is |
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amended to read as follows: |
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(b) A justice of the peace or municipal court judge having |
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jurisdiction of the offense may: |
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(1) dismiss a charge of driving with an expired motor |
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vehicle registration if the defendant: |
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(A) remedies the defect not later than the 10th |
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working day after the date of the offense; and |
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(B) establishes that the fee prescribed by |
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Section 502.176 has been paid; and |
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(2) assess an administrative fee not to exceed $25 |
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[$10] when the charge is dismissed. |
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SECTION 3. Section 502.409, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) A court may dismiss a charge brought under Subsection |
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(a)(3), (5), (6), or (7) if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $25. |
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SECTION 4. Section 521.025, Transportation Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) The court may assess a defendant an administrative fee |
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not to exceed $25 if a charge under this section is dismissed |
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because of the defense listed under Subsection (d). |
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SECTION 5. Section 521.026(b), Transportation Code, is |
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amended to read as follows: |
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(b) The judge may assess the defendant an administrative fee |
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not to exceed $25 [$10] when the charge of driving with an expired |
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driver's license is dismissed under Subsection (a). |
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SECTION 6. Section 521.054, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A court may dismiss a charge for a violation of this |
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section if the defendant: |
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(1) remedies the defect not later than the 10th |
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working day after the date of the offense; and |
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(2) pays an administrative fee not to exceed $25. |
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SECTION 7. Section 521.221, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A court may dismiss a charge for a violation of this |
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section if: |
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(1) the restriction or endorsement was imposed: |
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(A) because of a physical condition that was |
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surgically or otherwise medically corrected before the date of the |
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offense; or |
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(B) in error and that fact is established by the |
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defendant; |
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(2) the department removes the restriction or |
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endorsement before the defendant's first court appearance; and |
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(3) the defendant pays an administrative fee not to |
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exceed $25. |
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SECTION 8. Section 542.301(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except as otherwise provided, an offense under this |
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subtitle is a Class C misdemeanor. |
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SECTION 9. Section 542.401, Transportation Code, is amended |
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to read as follows: |
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Sec. 542.401. GENERAL PENALTY. A person convicted of an |
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offense that is a misdemeanor under this subtitle for which another |
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penalty is not provided shall be punished by a fine of not less than |
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$1 or more than $500. [$200] |
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SECTION 10. Section 547.004, Transportation Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) A court may dismiss a charge brought under this section |
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if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $25. |
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(d) Subsection (c) does not apply to an offense involving a |
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commercial motor vehicle. |
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SECTION 11. Section 548.605(b), Transportation Code, is |
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amended to read as follows: |
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(b) The court shall: |
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(1) dismiss a charge of driving with an expired |
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inspection certificate if: |
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(A) the defendant remedies the defect within 10 |
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working days; and |
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(B) the inspection certificate has not been |
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expired for more than 60 days; and |
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(2) assess an administrative fee not to exceed $25 |
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[$10] when the charge of driving with an expired inspection |
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certificate has been remedied. |
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SECTION 12. Section 31.127, Parks and Wildlife Code, is |
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amended by amending Subsection (c) and adding Subsection (f) to |
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read as follows: |
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(c) Except as provided by Subsection (f), a [A] person who |
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operates a vessel in violation of Section 31.021(b) or 31.095 |
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commits an offense punishable by a fine of not less than $100 or |
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more than $500. |
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(f) A court may dismiss a charge of operating a vessel with |
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an expired certificate of number under Section 31.021 if: |
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(1) the defendant remedies the defect not later than |
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the 10th working day after the date of the offense and pays an |
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administrative fee not to exceed $25; and |
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(2) the certificate of number has not been expired for |
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more than 60 days. |
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SECTION 13. (a) The changes in law made by this Act apply |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2007. |