Texas 2023 - 88th Regular

Texas House Bill HB2195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2195
2	2
3	3
4	4	AN ACT
5	5	relating to wrong, fictitious, altered, or obscured license plates;
6	6	increasing a criminal penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 504.945, Transportation Code, is amended
9	9	by amending Subsections (a) and (b) and adding Subsection (f) to
10	10	read as follows:
11	11	(a) A person commits an offense if the person attaches to or
12	12	displays on a motor vehicle a license plate that:
13	13	(1) is issued for a different motor vehicle;
14	14	(2) is issued for the vehicle under any other motor
15	15	vehicle law other than by the department;
16	16	(3) is assigned for a registration period other than
17	17	the registration period in effect;
18	18	(4) is fictitious;
19	19	(5) has blurring or reflective matter that
20	20	significantly impairs the readability of the name of the state in
21	21	which the vehicle is registered or the letters or numbers of the
22	22	license plate number at any time;
23	23	(6) has an attached illuminated device or sticker,
24	24	decal, emblem, or other insignia that is not authorized by law and
25	25	that interferes with the readability of the letters or numbers of
26	26	the license plate number or the name of the state in which the
27	27	vehicle is registered; or
28	28	(7) has a coating, covering, protective substance, or
29	29	other material that:
30	30	(A) distorts angular visibility or
31	31	detectability;
32	32	(B) alters or obscures one-half or more of the
33	33	name of the state in which the vehicle is registered; or
34	34	(C) alters, covers, or obscures the letters or
35	35	numbers of the license plate number or the color of the plate.
36	36	(b) Except as provided by Subsections [Subsection] (e) and
37	37	(f), an offense under Subsection (a) is a misdemeanor punishable by
38	38	a fine of not more than $200, unless it is shown at the trial of the
39	39	offense that the owner knowingly altered or made illegible the
40	40	letters, numbers, and other identification marks, in which case the
41	41	offense is a Class B misdemeanor.
42	42	(f) An offense under Subsection (a)(7)(C) is a misdemeanor
43	43	punishable by a fine of not more than $300, except that the offense
44	44	is:
45	45	(1) a misdemeanor punishable by a fine of not more than
46	46	$600 if it is shown on the trial of the offense that the person has
47	47	been previously convicted of an offense under Subsection (a)(7)(C);
48	48	or
49	49	(2) a Class B misdemeanor if it is shown on the trial
50	50	of the offense that the person has been previously convicted two or
51	51	more times of an offense under Subsection (a)(7)(C).
52	52	SECTION 2. Section 548.051(a), Transportation Code, is
53	53	amended to read as follows:
54	54	(a) A motor vehicle, trailer, semitrailer, pole trailer, or
55	55	mobile home, registered in this state, must have the following
56	56	items inspected at an inspection station or by an inspector:
57	57	(1) tires;
58	58	(2) wheel assembly;
59	59	(3) safety guards or flaps, if required by Section
60	60	547.606;
61	61	(4) brake system, including power brake unit;
62	62	(5) steering system, including power steering;
63	63	(6) lighting equipment;
64	64	(7) horns and warning devices;
65	65	(8) mirrors;
66	66	(9) windshield wipers;
67	67	(10) sunscreening devices, unless the vehicle is
68	68	exempt from sunscreen device restrictions under Section 547.613;
69	69	(11) front seat belts in vehicles on which seat belt
70	70	anchorages were part of the manufacturer's original equipment;
71	71	(12) exhaust system;
72	72	(13) exhaust emission system;
73	73	(14) fuel tank cap, using pressurized testing
74	74	equipment approved by department rule; [and]
75	75	(15) emissions control equipment as designated by
76	76	department rule; and
77	77	(16) for purposes of Section 548.104(d)(3), each
78	78	license plate required to be displayed on the vehicle.
79	79	SECTION 3. Section 548.104(d), Transportation Code, is
80	80	amended to read as follows:
81	81	(d) An inspection station or inspector may not issue a
82	82	passing vehicle inspection report for a vehicle equipped with:
83	83	(1) a sunscreening device prohibited by Section
84	84	547.613, except that the department by rule shall provide
85	85	procedures for issuance of a passing vehicle inspection report for
86	86	a vehicle exempt under Section 547.613(c); [or]
87	87	(2) a compressed natural gas container unless the
88	88	owner demonstrates in accordance with department rules proof:
89	89	(A) that:
90	90	(i) the container has met the inspection
91	91	requirements under 49 C.F.R. Section 571.304; and
92	92	(ii) the manufacturer's recommended service
93	93	life for the container, as stated on the container label required by
94	94	49 C.F.R. Section 571.304, has not expired; or
95	95	(B) that the vehicle is a fleet vehicle for which
96	96	the fleet operator employs a technician certified to inspect the
97	97	container; or
98	98	(3) a license plate prohibited by Section 504.945.
99	99	SECTION 4. The change in law made by this Act applies only
100	100	to an offense committed on or after the effective date of this Act.
101	101	An offense committed before the effective date of this Act is
102	102	governed by the law in effect on the date the offense was committed,
103	103	and the former law is continued in effect for that purpose. For
104	104	purposes of this section, an offense was committed before the
105	105	effective date of this Act if any element of the offense was
106	106	committed before that date.
107	107	SECTION 5. This Act takes effect September 1, 2023.
108	108	______________________________ ______________________________
109	109	President of the Senate Speaker of the House
110	110	I certify that H.B. No. 2195 was passed by the House on April
111	111	27, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not
112	112	voting.
113	113	______________________________
114	114	Chief Clerk of the House
115	115	I certify that H.B. No. 2195 was passed by the Senate on May
116	116	17, 2023, by the following vote: Yeas 30, Nays 1.
117	117	______________________________
118	118	Secretary of the Senate
119	119	APPROVED: _____________________
120	120	Date
121	121	_____________________
122	122	Governor