Texas House Bill HB2835

Texas 2019 - 86th Regular

Caption

Relating to a defense to prosecution for the criminal offense of operating a vehicle with an expired license plate.

Impact

The change in law is designed to reduce unnecessary penalties on individuals who may be unable to renew their vehicle registration due to circumstances beyond their control, such as extended office closures. By establishing this conditional defense, HB 2835 aims to promote fairness in the application of criminal laws related to vehicle registration while also encouraging compliance. This law takes effect on September 1, 2019, applying only to offenses committed on or after that date, thereby preserving the applicability of previous laws to offenses occurring prior.

Summary

House Bill 2835 introduces a significant change to the regulation of motor vehicle offenses in Texas, specifically addressing the criminal offense of operating a vehicle with an expired license plate. This bill allows for a defense to prosecution if the vehicle's registration has expired for 30 working days or less, provided that the county assessor-collector's office was closed for a substantial period of time. This represents a noteworthy shift, as it grants vehicle owners a conditional defense in circumstances where they might have faced penalties for lapses in registration due to administrative challenges.

Sentiment

Overall, the sentiment surrounding HB 2835 appears to be positive, as it has received unanimous support in both the House and Senate votes. Advocates for the bill perceive it as a logical adjustment to the state's traffic laws that recognizes the realities faced by citizens in maintaining vehicle compliance. The collaborative approval indicates a legislative alignment on the necessity of adapting laws to serve the interests of the public more equitably.

Contention

Despite the positive reception, some concerns remain regarding the potential for this law to be misapplied, allowing individuals to evade accountability for expired registrations under less than genuine circumstances. However, the criteria established for qualifying for the defense—namely the closure of the county office—aims to mitigate this concern and ensure that the law serves its intended purpose without promoting abuse.