Sec. 548.603. FICTITIOUS OR COUNTERFEIT INSPECTION CERTIFICATE OR INSURANCE DOCUMENT

(a) A person commits an offense if the person:

(1) displays or causes or permits to be displayed an inspection certificate or insurance document knowing that the certificate or document is counterfeit, tampered with, altered, fictitious, issued for another vehicle, issued for a vehicle failing to meet all emissions inspection requirements, or issued in violation of:

(A) this chapter, rules adopted under this chapter, or other law of this state; or

(B) a law of another state, the United States, the United Mexican States, a state of the United Mexican States, Canada, or a province of Canada;

(2) transfers an inspection certificate from a windshield or location to another windshield or location;

(3) with intent to circumvent the emissions inspection requirements seeks an inspection of a vehicle at a station not certified to perform an emissions inspection if the person knows that the vehicle is required to be inspected under Section 548.301;

(4) knowingly does not comply with an emissions inspection requirement for a vehicle; or

(5) displays on a vehicle an inspection certificate that was obtained knowing that the vehicle does not meet all emissions inspection requirements for the vehicle.

(b) A person commits an offense if the person:

(1) makes or possesses, with the intent to sell, circulate, or pass, a counterfeit inspection certificate or insurance document; or

(2) possesses any part of a stamp, dye, plate, negative, machine, or other device that is used or designated for use in making a counterfeit inspection certificate or insurance document.

(c) The owner of a vehicle commits an offense if the owner knowingly allows the vehicle to be registered or operated while the vehicle displays an inspection certificate in violation of Subsection (a).

(d) An offense under Subsection (a) or (c) is a Class B misdemeanor. An offense under Subsection (b) is a third degree felony unless the person acts with the intent to defraud or harm another person, in which event the offense is a second degree felony.

(e) In this section:

(1) "Counterfeit" means an imitation of a document that is printed, engraved, copied, photographed, forged, or manufactured by a person not authorized to take that action under:

(A) this chapter, rules adopted under this chapter, or other law of this state; or

(B) a law of another state, the United States, the United Mexican States, a state of the United Mexican States, Canada, or a province of Canada.

(2) "Inspection certificate" means a document that is printed, manufactured, or made by the department or an authorized agent of the department for issuance after a vehicle passes an inspection performed under this chapter.

(3) "Insurance document" means a standard proof of motor vehicle insurance coverage that is:

(A) in a form prescribed by the Texas Department of Insurance or by a similarly authorized board, agency, or authority of another state; and

(B) issued by an insurer or insurer's agent who is authorized to write motor vehicle insurance coverage.

(4) "Person" includes an inspection station or inspector.

Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 851, Sec. 2

(f) Notwithstanding Subsection (c), an offense under Subsection (a)(1) that involves a fictitious inspection certificate is a Class B misdemeanor.

Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 1069, Sec. 16

(f) A motor vehicle on which a vehicle emissions inspection certificate is displayed in violation of Subsection (a) and that is operated or parked on a public roadway may be impounded by a peace officer or other authorized employee of this state or a political subdivision of this state in which the vehicle is operated or parked.

Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 851, Sec. 2 (f) Notwithstanding Subsection (c), an offense under Subsection (a)(1) that involves a fictitious inspection certificate is a Class B misdemeanor. Text of subsec. (f) as added by Acts 1997, 75th Leg., ch. 1069, Sec. 16 (f) A motor vehicle on which a vehicle emissions inspection certificate is displayed in violation of Subsection (a) and that is operated or parked on a public roadway may be impounded by a peace officer or other authorized employee of this state or a political subdivision of this state in which the vehicle is operated or parked. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.123(j), (k), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 851, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1069, Sec. 16, eff. June 19, 1997.