| 1 | 1 | | H.B. No. 914 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to temporary vehicle tags and the offense of tampering |
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| 6 | 6 | | with a governmental record. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 14.06(d), Code of Criminal Procedure, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (d) Subsection (c) applies only to a person charged with |
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| 11 | 11 | | committing an offense under: |
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| 12 | 12 | | (1) Section 481.121, Health and Safety Code, if the |
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| 13 | 13 | | offense is punishable under Subsection (b)(1) or (2) of that |
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| 14 | 14 | | section; |
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| 15 | 15 | | (1-a) Section 481.1161, Health and Safety Code, if the |
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| 16 | 16 | | offense is punishable under Subsection (b)(1) or (2) of that |
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| 17 | 17 | | section; |
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| 18 | 18 | | (2) Section 28.03, Penal Code, if the offense is |
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| 19 | 19 | | punishable under Subsection (b)(2) of that section; |
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| 20 | 20 | | (3) Section 28.08, Penal Code, if the offense is |
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| 21 | 21 | | punishable under Subsection (b)(2) or (3) of that section; |
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| 22 | 22 | | (4) Section 31.03, Penal Code, if the offense is |
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| 23 | 23 | | punishable under Subsection (e)(2)(A) of that section; |
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| 24 | 24 | | (5) Section 31.04, Penal Code, if the offense is |
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| 25 | 25 | | punishable under Subsection (e)(2) of that section; |
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| 26 | 26 | | (5-a) Section 37.10, Penal Code, if the offense is for |
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| 27 | 27 | | tampering with a temporary tag issued under Chapter 502 or 503, |
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| 28 | 28 | | Transportation Code; |
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| 29 | 29 | | (6) Section 38.114, Penal Code, if the offense is |
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| 30 | 30 | | punishable as a Class B misdemeanor; or |
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| 31 | 31 | | (7) Section 521.457, Transportation Code. |
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| 32 | 32 | | SECTION 2. Section 37.01(2), Penal Code, is amended to read |
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| 33 | 33 | | as follows: |
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| 34 | 34 | | (2) "Governmental record" means: |
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| 35 | 35 | | (A) anything belonging to, received by, or kept |
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| 36 | 36 | | by government for information, including a court record; |
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| 37 | 37 | | (B) anything required by law to be kept by others |
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| 38 | 38 | | for information of government; |
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| 39 | 39 | | (C) a license, certificate, permit, seal, title, |
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| 40 | 40 | | letter of patent, or similar document issued by government, by |
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| 41 | 41 | | another state, or by the United States; |
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| 42 | 42 | | (D) a standard proof of motor vehicle liability |
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| 43 | 43 | | insurance form described by Section 601.081, Transportation Code, a |
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| 44 | 44 | | certificate of an insurance company described by Section 601.083 of |
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| 45 | 45 | | that code, a document purporting to be such a form or certificate |
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| 46 | 46 | | that is not issued by an insurer authorized to write motor vehicle |
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| 47 | 47 | | liability insurance in this state, an electronic submission in a |
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| 48 | 48 | | form described by Section 502.046(i), Transportation Code, or an |
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| 49 | 49 | | evidence of financial responsibility described by Section 601.053 |
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| 50 | 50 | | of that code; |
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| 51 | 51 | | (E) an official ballot or other election record; |
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| 52 | 52 | | [or] |
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| 53 | 53 | | (F) the written documentation a mobile food unit |
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| 54 | 54 | | is required to obtain under Section 437.0074, Health and Safety |
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| 55 | 55 | | Code; or |
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| 56 | 56 | | (G) a temporary tag issued under Chapter 502 or |
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| 57 | 57 | | 503, Transportation Code. |
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| 58 | 58 | | SECTION 3. Section 37.10(c), Penal Code, is amended by |
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| 59 | 59 | | amending Subdivision (1) and adding Subdivision (6) to read as |
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| 60 | 60 | | follows: |
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| 61 | 61 | | (1) Except as provided by Subdivisions (2), (3), (4), |
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| 62 | 62 | | [and] (5), and (6), and by Subsection (d), an offense under this |
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| 63 | 63 | | section is a Class A misdemeanor unless the actor's intent is to |
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| 64 | 64 | | defraud or harm another, in which event the offense is a state jail |
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| 65 | 65 | | felony. |
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| 66 | 66 | | (6) An offense under this section is a Class A |
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| 67 | 67 | | misdemeanor if the governmental record is a temporary tag issued |
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| 68 | 68 | | under Chapter 502 or 503, Transportation Code. |
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| 69 | 69 | | SECTION 4. The changes in law made by this Act apply only to |
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| 70 | 70 | | an offense committed on or after the effective date of this Act. An |
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| 71 | 71 | | offense committed before the effective date of this Act is governed |
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| 72 | 72 | | by the law in effect on the date the offense was committed, and the |
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| 73 | 73 | | former law is continued in effect for that purpose. For purposes of |
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| 74 | 74 | | this section, an offense was committed before the effective date of |
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| 75 | 75 | | this Act if any element of the offense occurred before that date. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2023. |
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| 77 | 77 | | ______________________________ ______________________________ |
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| 78 | 78 | | President of the Senate Speaker of the House |
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| 79 | 79 | | I certify that H.B. No. 914 was passed by the House on April |
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| 80 | 80 | | 11, 2023, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 81 | 81 | | voting. |
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| 82 | 82 | | ______________________________ |
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| 83 | 83 | | Chief Clerk of the House |
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| 84 | 84 | | I certify that H.B. No. 914 was passed by the Senate on May 9, |
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| 85 | 85 | | 2023, by the following vote: Yeas 31, Nays 0. |
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| 86 | 86 | | ______________________________ |
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| 87 | 87 | | Secretary of the Senate |
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| 88 | 88 | | APPROVED: _____________________ |
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| 89 | 89 | | Date |
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| 90 | 90 | | _____________________ |
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| 91 | 91 | | Governor |
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