Bill Caption

Relating to the installation of unsafe motor vehicle tires; creating a criminal offense.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

House Bill 2774 would amend Transportation Code by adding a section that would regulate the installation of unsafe tires on motor vehicles. The bill would create a criminal offense punishable by a fine.

A person would commit an offense if the person installs an unsafe tire on a vehicle for the purposes of using the tire on a public street and fails to successfully pass inspection. The bill would define safety requirements for tires to be considered safe.

Vote Recommendation Notes

When this bill was in the House we opposed it for creating new criminal penalties with a very low threshold for conviction. We suggested amending the bill to add mens rea protections so that criminal liability would only apply to a person who knowingly installs unsafe tires on a vehicle with intent to subvert the provisions of the statute.

Since we originally published on this bill changes were made that would help address our primary concern. These changes specified that the criminal penalty would only apply if the person knowingly installed a tire that would be dangerous to drive on. As such, we withdraw our objection and remain neutral.