88R19904 JRR-D
 
  By: Noble H.B. No. 2195
 
  Substitute the following for H.B. No. 2195:
 
  By:  Canales C.S.H.B. No. 2195
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to wrong, fictitious, altered, or obscured license plates;
  increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 504.945, Transportation Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (f) to
  read as follows:
         (a)  A person commits an offense if the person attaches to or
  displays on a motor vehicle a license plate that:
               (1)  is issued for a different motor vehicle;
               (2)  is issued for 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 blurring or reflective matter that
  significantly 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 at any time;
               (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
  the license plate number or the name of the state in which the
  vehicle is registered; or
               (7)  has a coating, covering, protective substance, or
  other material that:
                     (A)  distorts angular visibility or
  detectability;
                     (B)  alters or obscures one-half or more of the
  name of the state in which the vehicle is registered; or
                     (C)  alters, covers, or obscures the letters or
  numbers of the license plate number or the color of the plate.
         (b)  Except as provided by Subsections [Subsection] (e) and
  (f), an offense under Subsection (a) is a misdemeanor punishable by
  a fine of not more than $200, unless it is shown at the trial of the
  offense that the owner knowingly altered or made illegible the
  letters, numbers, and other identification marks, in which case the
  offense is a Class B misdemeanor.
         (f)  An offense under Subsection (a)(7)(C) is a misdemeanor
  punishable by a fine of not more than $300, except that the offense
  is:
               (1)  a misdemeanor punishable by a fine of not more than
  $600 if it is shown on the trial of the offense that the person has
  been previously convicted of an offense under Subsection (a)(7)(C);
  or
               (2)  a Class B misdemeanor if it is shown on the trial
  of the offense that the person has been previously convicted two or
  more times of an offense under Subsection (a)(7)(C).
         SECTION 2.  Section 548.051(a), Transportation Code, is
  amended to read as follows:
         (a)  A motor vehicle, trailer, semitrailer, pole trailer, or
  mobile home, registered in this state, must have the following
  items inspected at an inspection station or by an inspector:
               (1)  tires;
               (2)  wheel assembly;
               (3)  safety guards or flaps, if required by Section
  547.606;
               (4)  brake system, including power brake unit;
               (5)  steering system, including power steering;
               (6)  lighting equipment;
               (7)  horns and warning devices;
               (8)  mirrors;
               (9)  windshield wipers;
               (10)  sunscreening devices, unless the vehicle is
  exempt from sunscreen device restrictions under Section 547.613;
               (11)  front seat belts in vehicles on which seat belt
  anchorages were part of the manufacturer's original equipment;
               (12)  exhaust system;
               (13)  exhaust emission system;
               (14)  fuel tank cap, using pressurized testing
  equipment approved by department rule; [and]
               (15)  emissions control equipment as designated by
  department rule; and
               (16)  for purposes of Section 548.104(d)(3), each
  license plate required to be displayed on the vehicle.
         SECTION 3.  Section 548.104(d), Transportation Code, is
  amended to read as follows:
         (d)  An inspection station or inspector may not issue a
  passing vehicle inspection report for a vehicle equipped with:
               (1)  a sunscreening device prohibited by Section
  547.613, except that the department by rule shall provide
  procedures for issuance of a passing vehicle inspection report for
  a vehicle exempt under Section 547.613(c); [or]
               (2)  a compressed natural gas container unless the
  owner demonstrates in accordance with department rules proof:
                     (A)  that:
                           (i)  the container has met the inspection
  requirements under 49 C.F.R. Section 571.304; and
                           (ii)  the manufacturer's recommended service
  life for the container, as stated on the container label required by
  49 C.F.R. Section 571.304, has not expired; or
                     (B)  that the vehicle is a fleet vehicle for which
  the fleet operator employs a technician certified to inspect the
  container; or
               (3)  a license plate prohibited by Section 504.945.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 5.  This Act takes effect September 1, 2023.