Sec. 547.004. GENERAL OFFENSES. (a) A person commits an offense that is a misdemeanor if the person operates or moves or, as an owner, knowingly permits another to operate or move, a vehicle that:
(1) is unsafe so as to endanger a person;
(2) is not equipped in a manner that complies with the vehicle equipment standards and requirements established by this chapter; or
(3) is equipped in a manner prohibited by this chapter.
(b) A person commits an offense that is a misdemeanor if the person operates a vehicle equipped with an item of vehicle equipment that the person knows has been determined in a compliance proceeding under Section 547.206 to not comply with a department standard.
(c) A court may dismiss a charge brought under this section if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays a reimbursement fee not to exceed $10.
(d) Subsection (c) does not apply to an offense involving a commercial motor vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 10, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.72, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 18, eff. September 1, 2021.
Notes of Decisions
Cited in
26
cases (
1 in the last 5 years), 1996–2021 · leading case:
Simpson v. State, 29 S.W.3d 324 (Tex. App. 2000).
Simpson v. State, 29 S.W.3d 324 (Tex. App. 2000).
· cites it 2× “See Tex.Trans.Code Ann. §§ 547.004, 547.322(f) (Vernon 1999).”
United States v. Richard Eugene Miller, 146 F.3d 274 (5th Cir. 1998).
“(b) A person commits an offense that is a misdemeanor if the person operates a vehicle equipped with an item of vehicle equipment that the person knows has been determined in a compliance proceeding under Section 547.”
Conde v. State, 135 S.W.3d 252 (Tex. App. 2004).
· cites it 2× “Tex. Trans. Code Ann. §§ 547.004 (a)(2) & 547.”
United States v. Jennifer Richmond, 915 F.3d 352 (5th Cir. 2019).
“But if probable cause of drug trafficking did not yet exist, the government argues that the physical inspection of the *360 tire served another interest: "ensuring that vehicles on the road are operated safely and responsibly." Indeed, the wobbly tires, the truck veering outside…”
Garza v. State, 261 S.W.3d 361 (Tex. App. 2008).
“See Tex. Transp. Code Ann. § 547.004 (a)(2) (West Supp.”
Carrillo v. State, 235 S.W.3d 353 (Tex. App. 2007).
“See Tex. TRAnsp. Code Ann. §§ 547.004 , 547.612, 548.”
State v. Kloecker, 939 S.W.2d 209 (Tex. App. 1997).
“Laws 1871 (codified at Tex.Transp.Code Ann. § 547.004 (Vernon 1996)) (hereinafter Traffic Regulations § 108(a)).”
the State of Texas v. Kristen Gail Powell (Tex. App. 2021).
· cites it 2× “TEX. TRANSP. CODE ANN. § 547.004(a)(2). The transportation code requires that a motor vehicle be equipped with “at least two stoplamps.”
— Tex. Transp. Code § 547.004(a) — 2 cases
United States v. Jennifer Richmond, 915 F.3d 352 (5th Cir. 2019).
“But if probable cause of drug trafficking did not yet exist, the government argues that the physical inspection of the *360 tire served another interest: "ensuring that vehicles on the road are operated safely and responsibly." Indeed, the wobbly tires, the truck veering outside…”
— Tex. Transp. Code § 547.004(a)(2) — 3 cases
Conde v. State, 135 S.W.3d 252 (Tex. App. 2004).
“Tex. Trans. Code Ann. §§ 547.004 (a)(2) & 547.”
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