Law Requiring CHL to show when carrying

[Bitterclinger]

My Brother In Law handed over his during a traffic stop and the officer handed back his CHL and said, "I don't care about that." My BIL just said."No sir," but I've wondered ever since. Are Police educated about this requirement? I hope they won't think I'm trying to threaten or curry-favor.

[rm9792]

My Brother In Law handed over his during a traffic stop and the officer handed back his CHL and said, "I don't care about that." My BIL just said."No sir," but I've wondered ever since. Are Police educated about this requirement? I hope they won't think I'm trying to threaten or curry-favor.

They should be but some either didnt get told, dont remember or dont care. Some are still pulling over for no front plate.

[texanjoker]

My Brother In Law handed over his during a traffic stop and the officer handed back his CHL and said, "I don't care about that." My BIL just said."No sir," but I've wondered ever since. Are Police educated about this requirement? I hope they won't think I'm trying to threaten or curry-favor.

Some are not concerned with a citizen carrying a legal gun.

[Mach1]

There are no stupid questions. Just cause a guy knew something once doesn't mean he still knows it. I use to speak algebra...not so much any more.

[E10]

I still speak a little algebra: πr²

[Dadtodabone]

I still speak a little algebra: πr²

I was pretty fluent 40 years ago, now, not so much.
V=πr²h
cake, I prefer it to pi

[A-R]

Some are still pulling over for no front plate.

That's because two plates is still the law

http://www.statutes.legis.state.tx.us/D ... tm#504.943" onclick="window.open(this.href);return false;

TRANSPORTATION CODE 504.943. OPERATION OF VEHICLE WITHOUT LICENSE PLATE.
(a) Except as provided by Subsection (b), a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates that:
(1) have been assigned by the department for the period; and
(2) comply with department rules regarding the placement of license plates.
(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:
(1) has been assigned by the department for the period; and
(2) complies with department rules regarding the placement of license plates.
(c) This section does not apply to a dealer operating a vehicle as provided by law.
(d) A court may dismiss a charge brought under Subsection (a)(1) if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays an administrative fee not to exceed $10.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1296, Sec. 221, eff. January 1, 2012.

There is a bill in the House to remove front plate requirement, but even IF it passes it wouldn't go into effect until Sept. 1, 2013

http://www.legis.state.tx.us/Search/Doc ... ightType=1" onclick="window.open(this.href);return false;

http://www.legis.state.tx.us/BillLookup ... Bill=HB657" onclick="window.open(this.href);return false;

[rm9792]

True but there is no punishment listed for it so what ticket could be written?

[tbrown]

True but there is no punishment listed for it so what ticket could be written?

The same ticket they wrote DPS officials when they took more than the statutory 90 days to issue your original CHL.

[srothstein]

True but there is no punishment listed for it so what ticket could be written?

just for technical accuracy, there is a penalty provided for it in section 502.471 of the Transportation Code, a fine of not more than $200.

[rm9792]

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.

[E.Marquez]

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.

[srothstein]

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.

[E.Marquez]

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.

[sjfcontrol]

Off topic, but then the whole front-plate subject is also off-topic.

especially in jurisdictions that still use red light cameras.

That implies they are on their way out, I hope?