Bill Text: TX HB3769 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a municipality to impose a civil penalty on owners of certain motor vehicles parked on a highway under the jurisdiction of the municipality that do not display a valid registration insignia or inspection certificate.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-17 - No action taken in committee [HB3769 Detail]
Download: Texas-2013-HB3769-Introduced.html
Bill Title: Relating to the authority of a municipality to impose a civil penalty on owners of certain motor vehicles parked on a highway under the jurisdiction of the municipality that do not display a valid registration insignia or inspection certificate.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-17 - No action taken in committee [HB3769 Detail]
Download: Texas-2013-HB3769-Introduced.html
By: Coleman | H.B. No. 3769 |
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relating to the ability of municipalities to authorize parking | ||
enforcement officers to issue violations; creating a civil offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 502.407, Transportation Code, is amended | ||
by amending Subsection (c) to read as follows: | ||
Sec. 502.407. OPERATION OF VEHICLE WITH EXPIRED LICENSE | ||
PLATE. | ||
(a) A person commits an offense if, after the fifth working | ||
day after the date the registration for the vehicle expires: | ||
(1) the person operates on a public highway during a | ||
registration period a motor vehicle, trailer, or semitrailer that | ||
has attached to it a license plate for the preceding period; and | ||
(2) the license plate has not been validated by the | ||
attachment of a registration insignia for the registration period | ||
in effect. | ||
(b) A justice of the peace or municipal court judge having | ||
jurisdiction of the offense may: | ||
(1) dismiss a charge of driving with an expired motor | ||
vehicle registration if the defendant: | ||
(A) remedies the defect not later than the 20th | ||
working day after the date of the offense or before the defendant's | ||
first court appearance date, whichever is later; and | ||
(B) establishes that the fee prescribed by | ||
Section 502.176 has been paid; and | ||
(2) assess an administrative fee not to exceed $20 | ||
when the charge is dismissed. | ||
(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1296, Sec. | ||
247(6), eff. January 1, 2012. | ||
(d) Municipalities may authorize parking enforcement | ||
officers to issue civil parking violations to vehicles parked on | ||
the public right-of-way for an expired license plate as described | ||
by this section. This subsection shall not be construed as to | ||
replace or modify the criminal violation currently issued by peace | ||
officers. | ||
SECTION 2. Sec. 548.602, Transportation Code, is amended by | ||
adding amending subsection (c) and adding subsection (d) as | ||
follows: | ||
Sec. 548.602. FAILURE TO DISPLAY INSPECTION CERTIFICATE. | ||
(a) After the fifth day after the date of expiration of the | ||
period designated for inspection, a person may not operate: | ||
(1) a motor vehicle registered in this state unless a | ||
current and appropriate inspection certificate is displayed on the | ||
vehicle; or | ||
(2) a commercial motor vehicle registered in this | ||
state unless it is equipped as required by federal motor carrier | ||
safety regulations and displays an inspection certificate issued | ||
under the program established under Section 548.201. | ||
(b) A peace officer who exhibits a badge or other sign of | ||
authority may stop a vehicle not displaying an inspection | ||
certificate on the windshield and require the owner or operator to | ||
produce an inspection certificate for the vehicle. | ||
(c) [ |
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Municipalities may authorize parking | ||
enforcement officers to issue civil parking violations to vehicles | ||
parked on the public right-of-way that: | ||
1) fail to show an inspection certificate; or | ||
2) show an expired inspection certificate. | ||
This Subsection shall not be construed as to replace or modify the | ||
criminal violation currently issued by peace officers under this | ||
Section. | ||
(d) It is a defense to prosecution under Subsection (a)(1) | ||
and Subsection (c)that an inspection certificate for the vehicle | ||
is in effect at the time of the arrest. | ||
SECTION 3. This Act takes effect September 1, 2013. |