HBA-MPA, PDH H.B. 1319 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1319
By: Keel
Transportation
4/20/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

It is necessary for law enforcement officers to have a clear and
unobstructed view of the license plates on every vehicle traveling Texas
roads.  The use of devices that are attached to or entirely cover license
plates has proliferated, in many cases making it difficult or impossible to
correctly read some or all of the letters, numbers, characters, or symbols
on license plates.  H.B. 1319 prohibits any device or material from
obstructing the clear view of the license plate according to certain
standards.  This bill would not prohibit the attachment of decorative or
advertising devices on license plates. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 502, Transportation Code, by
adding Section 502.4091, as follows: 

Sec. 502.4091.  OBSTRUCTED LICENSE PLATE.  Provides that a person commits a
misdemeanor offense punishable by a fine of not more than $200 if the
person operates, or as the owner permits another to operate, on a public
highway a motor vehicle that has any device or material on the vehicle's
license plate that obstructs the clear view of the license plate or comes
closer than one-quarter inch to any number, letter, character, or other
writing or symbol on the license plate. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1

The amendment adds a new Subsection (b) to the proposed Section 502.4091,
Transportation Code, which provides that it is not a violation of this
section for a person to operate or, as owner, permit another to operate a
vehicle that has on the vehicle's license plate a device or material that
bears the business name or logotype of a dealer licensed by the Texas Motor
Vehicle Commission under the Texas Motor Vehicle Commission Code.  Makes
conforming changes.