Sec. 548.605. OPERATING A VEHICLE WITHOUT COMPLYING WITH INSPECTION REQUIREMENTS AS CERTIFIED; OFFENSE; DISMISSAL OF CHARGE. (a) In this section, "working day" means any day other than a Saturday, a Sunday, or a holiday on which county offices are closed.
(b) A person commits an offense if:
(1) the person operates in this state a vehicle for which a certification was provided under Section 548.256(b); and
(2) the vehicle is not in compliance with the applicable inspection requirements under this chapter, Chapter 382, Health and Safety Code, or the department's administrative rules regarding inspection requirements.
(c) A peace officer may require the owner or operator to produce a vehicle inspection report issued for the vehicle if the Texas Department of Motor Vehicles' registration database includes a notation for law enforcement to verify the inspection status of the vehicle.
(d) It is a defense to prosecution under Subsection (b) that a passing vehicle inspection report issued for the vehicle is in effect at the time of the offense.
(e) A court shall:
(1) dismiss a charge under this section if the defendant remedies the defect:
(A) not later than the 20th working day after the date of the citation or before the defendant's first court appearance date, whichever is later; and
(B) not later than the 40th working day after the applicable deadline provided by this chapter, Chapter 382, Health and Safety Code, or the department's administrative rules regarding inspection requirements; and
(2) assess a fine not to exceed $20 when the charge has been remedied under Subdivision (1).
(f) An offense under this section is a Class C misdemeanor.
Added by Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 41, eff. January 1, 2016.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.73, eff. January 1, 2020.
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