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  By: Menendez H.B. No. 38
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the penalty for an offense involving motor vehicle
  airbags.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 547.614, Transportation Code, is amended
  by amending Subsections (a-2) and (b) and adding Subsection (e) to
  read as follows:
         (a-2)  A person commits an offense if the person:
               (1)  knowingly or recklessly makes or sells a
  counterfeit airbag to be installed in a motor vehicle;
               (2)  intentionally alters an airbag that is not
  counterfeit in a manner that causes the airbag to not meet all
  applicable federal safety regulations for an airbag designed to be
  installed in a vehicle of a particular make, model, and year;
               (3)  represents to another person that a counterfeit
  airbag installed in a motor vehicle is not counterfeit; [or]
               (4)  knowingly or recklessly sells a motor vehicle in
  which an airbag is not installed without clearly disclosing that
  the vehicle does not have an airbag; or
               (5)  causes another person to violate Subsection (a-1)
  or Subdivision (1), (2), [or] (3), or (4)
  or assists a person in
  violating Subsection (a-1) or Subdivision (1), (2), [or] (3), or
  (4).
         (b)  Except as provided by Subsections (c), [and] (d), and
  (e), an offense under this section is a state jail felony [Class A
  misdemeanor].
         (e)  An offense under this section is a felony of the first
  degree if it is shown on the trial of the offense that the offense
  resulted in the death of a person.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2013.