BILL ANALYSIS
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Senate Research Center |
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AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The National Highway Traffic Safety Administration issued a report in 2012 showing that automobile repair shops across the country have been using counterfeit airbags as replacement parts. In many cases, these airbags have been shown to malfunction and pose a risk of bodily harm or death to the occupants of the vehicle. C.S.H.B. 38 amends the Texas Transportation Code by increasing the penalty for the offense of installing a counterfeit airbag.
C.S.H.B. 38 amends current law relating to the penalty for an offense involving motor vehicle airbags.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 547.614, Transportation Code, by amending Subsection (b) and adding Subsection (e), as follows:
(b) Provides that, except as provided by Subsections (c) (relating to providing that an offense under this section (Restrictions on Airbags) is a felony of the third degree if the defendant has been previously convicted of an offense under this section), (d) (relating to providing that an offense under this section is a felony of the second degree if, as a result of the offense, an individual suffered bodily injury), and (e), an offense under this section is a state jail felony, rather than a Class A misdemeanor. Makes nonsubstantive changes.
(e) Provides that an offense under this section is a felony of the first degree if it is shown on the trial of the offense that the offense resulted in the death of a person.
SECTION 2. Makes application of the change in law made by this Act prospective.
SECTION 3. Effective date: September 1, 2013.