[Elfsea] FWD: [NorthTexasMiataOwnersGroup] Digest Number 346

[Richard Threlkeld]

Please excuse the bandwidth, but I know there has been some discussion of this law and you might want the essential info on it.

Caelin

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Message: 1
   Date: Mon, 22 Sep 2003 19:18:29 -0000
   From: "Elizabeth Bailey" <ebaileyl at attbi.com>
Subject: License Plate Law

      REPRESENTATIVE PEGGY HAMRIC CLARIFIES INTENT OF SENATE BILL 439


                           For Immediate Release
                       Thursday, September 18, 2003


License Plate Law - Senate Bill 439

Senate Bill 439 was passed during the 78th Regular Session of the Texas
Legislature updating Section 502.409 of the Transportation Code
regulating wrong, fictitious, altered, or obscured license plates.

The impetus for Senate Bill 439 originated with state toll road
authorities experiencing an alarming degree of violations at toll
facilities due to the use of illuminated devices and plastic coatings
that render the characters and state on license plates undetectable to
toll enforcement cameras.  The much broader, overall purpose of the
bill, however, was to improve public safety by simplifying license
plate identification.

Prior to September 1, 2003, Section 502.409 prohibited the attachment
of "blurring" matter to a license plate and any sticker, decal, or
other insignia that interfered with the readability of the letters or
numbers on the license place.  In addition, prior law prohibited the
attachment of a coating, covering, or protective material that
distorts the angular visibility or detectability of the license plate.

Section 502.409, as modified by Senate Bill 439, now additionally
prohibits the attachment of "reflective" matter to a license plate and
any illuminated device or emblem that interferes with the readability
of the letters, numbers, or name of the state on the license plate. 
Furthermore, Senate Bill 439 additionally prohibited the attachment of
a coating, covering, or protective material that alters or obscures
the letters, numbers, color, or original design features of the
license plate.

In some instances, modified Subsection (a)(6) of Section 502.409
pertaining to illuminated devices, stickers, decals, emblems, and
other insignias is apparently being confused with modified Subsection
(a)(7) pertaining to coatings, coverings, and protective material.  
Subsection (a)(6) was intended to apply to accessories such as license
plate frames, while Subsection (a)(7) was intended to apply only to
accessories or material covering the entire viewable surface of the
license plate.

In an effort to dispel any confusion, Representative Peggy Hamric
(R-Harris County), a member of the House Transportation Committee who
filed in the Texas House of Representatives a bill identical to Senate
Bill 439 and who sponsored the senate bill in the House, has clarified
that the intent of the bill was not to make license frames a crime, so
long as the letters, numbers, and state name are readable.

Representative Hamric stated, "Proper identification of license plates
is essential to public safety.  This law was intended to simplify
identification of license plates by citizens and law enforcement.  I
myself have license plate frames; however, license frames are an
accessory not a necessity.  Prior law already prohibited certain
accessories from interfering with the readability of the letters or
numbers on the license plate.  Texas law now mandates that these
accessories may not additionally interfere with the readability of the
name of the state on the license place.  If we allow the name of the
state on our license plates to be covered up, then what is the point
of having it on there?  I believe public awareness of this change in
the law and the exercise of common sense and discretion by law
enforcement agencies will remedy most of the complaints against the
change."

Violation of Section 502.409 of the Transportation Code is a Class C
misdemeanor punishable by a fine of not more than $200, unless it is
shown at the trial that the owner knowingly altered or made illegible
the letters, numbers, and other identification marks on the license
plate, in which case the offense is a Class B misdemeanor.

For additional information, please contact:

Charles Saunders, General Counsel
Office of Representative Peggy Hamric
State Capitol GW.7
P.O. Box 2910
Austin, Texas  78768-2910
(512) 463-0496



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