Bill Text: TX HB2195 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to wrong, fictitious, altered, or obscured license plates; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB2195 Detail]
Download: Texas-2023-HB2195-Enrolled.html
H.B. No. 2195 |
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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 [ |
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(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; [ |
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(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); [ |
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(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2195 was passed by the House on April | ||
27, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2195 was passed by the Senate on May | ||
17, 2023, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |