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E.Marquez

srothstein wrote:I don't think there is any legal question. This is still in effect:
Sec. 502.471. GENERAL PENALTY.
(a) A person commits an offense if the person violates a provision of this chapter and no other penalty is prescribed for the violation.
(b) This section does not apply to a violation of Section 502.003, 502.042, 502.197, or 502.431.
(c) Unless otherwise specified, an offense under this section is a misdemeanor punishable by a fine not to exceed $200.
Obviously, I am not a lawyer (no disrespect to Charles but maybe it should say because I am not a lawyer), but the fine seems pretty obvious to me.

Actually, the lawyers would disagree with you, and did, they are the ones that admitted they made a mistake when re writting the law last session and were supposed to fix it this year.
In the interim they asked the AG for an opinion Oct 24 2011
https://www.oag.state.tx.us/opinions/op ... 1014GA.pdf" onclick="window.open(this.href);return false;

Then later the request for opinion RQ-1014 was withdrawn
https://www.oag.state.tx.us/opin/index_rq.shtml" onclick="window.open(this.href);return false;

Far as I can find, no new request for opinion on this matter was made, nor was an AG opinion ever published.

And as the legislature is just now in session, since the statute was changed...
The issue is in the system now;
http://www.legis.state.tx.us/BillLookup ... Bill=HB557" onclick="window.open(this.href);return false;

Of course I ANAL, I can only read the info out there and consider it at face value.
But it would seem to me, the lawmakers that admitted they accidentally removed the penalty for not having two license plates, tried to fix it with an AG opinion, withdrew that request, and are not submitting a house Bill 557 to fix the issue..... of note, HB557 says we will only be required to display one license plate.

E.Marquez

rm9792 wrote:Somethign was struck out in the last session, either the requirement or the fine. It was in the paper and there was a thread here about it.

House Bill 2357 was intended as a non-controversial 234-page update to existing law. It passed the state House on May 29 voted 139-6 and the state Senate 31-0, receiving the signature of Governor Rick Perry (R) on June 17.

"The motor vehicle statutes were codified in 1995, but there has not been a complete reorganization of substance since before that time," Representative Joseph Pickett (D-El Paso) wrote in his justification of the legislation. "This bill directly addresses the problem of the statutes being outdated in regard to automation and organization."

As part of the update, the new law deleted the license plate statute, returning parts of it to Section 502.473 and 504.943. In moving around the legal language, the bill went through the entire legislative process without anybody noticing that a key line was deleted without providing a replacement: "An offense under this section is a misdemeanor punishable by a fine not to exceed $200."

Without the line, it is not clear whether police officers or courts would have the authority to impose a punishment on drivers who chose not to display license plates or registration stickers, especially in jurisdictions that still use red light cameras. Driving with a false or altered plate remains a misdemeanor, however. Lawmakers will not have a chance to remedy their mistake until January 8, 2013 when the legislature reconvenes, unless Governor Perry calls a special session specifically to address the license plate issue.

the short of it is.. last years session....
Texas lawmakers passing a flurry of bills on the final day of the Legislative session in May accidentally removed a $200 fine for driving without license plates from the transportation code."

So the law says you have to have one, but the law does NOT assign a penalty. So as i understand it, the LEO can give you a citation as it is a violation.. the question is... What jurisdiction would adjudicate it? Is it a state felony? Is it a misdemeanor? is there no criminal penalty? The non LEO activists argument is... Ok so you wrote me a citation, i do not agree and want my day in court..... As you can not say what the punishment is, nor what court (level) I will be seen in... the citation is not ... err valid? not sure thats the correct verbiage, but you get the idea.
This session was to be the correction to the mess up last time.. Add in the penalty, or as it looks now...remove the requirement for a front plate all together.

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