I have on a case involving Sec. 502.475(a)(4) of the TX Trans. Code, otherwise known as fictitious registration insignia on a motor vehicle. My question is whether there is any culpable mental state element for persons who display "fictitious" registration on their car, rather than one that is assigned to a different vehicle, was issued by someone other than DPS, or one that is out of date.

The information in my case alleges a violation of Sec. 502.475(a)(4) of the TX Trans. Code, a class B misdemeanor. Section 502.475 lists four ways a person commits an offense by attaching to or displaying an incorrect registration insignia on a motor vehicle. The first three subsections, 502.475(a)(1)-(3), are class C misdemeanor offenses unless it is shown that the owner of the vehicle knowingly altered or made illegible the letters, numbers, or identifying marks on the insignia, in which case it is enhanced to a class B. See TX Trans. Code Sec. 502.475(b). If the registration insignia is "fictitious", however, the offense is automatically classified as a class B misdemeanor without a showing that the owner "knowingly altered or made illegible" the insignia. TX Trans. Code Sec. 502.475(a)(d).

I read Sec. 502.475 to impose no mental culpability element when the registration displayed is "fictitious". I am a little hesitant to act on this, however. There is the argument that the default mental culpability provision in Sec. 6.02 of the TX Penal Code would apply here. I don't read 6.02 to apply to the Transportation Code. Even if it did, it has long been held that 6.02 does not apply to every offense, including those codified in the Penal Code such as DWI.

I also haven't had any luck finding much in the way of case law on point relate to the current version of Sec. 502.475.

I realize this post gets pretty far into the weeds, but any input or help would be much appreciated.

Thanks.