H.B. No. 1326




AN ACT

relating to the civil and criminal consequences of racing a motor
vehicle on a public highway or street and of being a spectator at an
illegal motor vehicle racing event; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.420, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (d)-(h) to read
as follows:
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(d) Except as provided by Subsections (e)-(h), an offense
under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time
of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated,
as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as
defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony
if it is shown on the trial of the offense that the person has
previously been convicted two times of an offense under that
subsection.
(g) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that as a result of
the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the
second degree if it is shown on the trial of the offense that as a
result of the offense, an individual suffered serious bodily injury
or death.
SECTION 2. Subchapter O, Chapter 521, Transportation Code,
is amended by adding Section 521.350 to read as follows:
Sec. 521.350. SUSPENSION FOR OFFENSE RELATING TO RACING OF
MOTOR VEHICLE ON PUBLIC HIGHWAY OR STREET. (a) A license is
automatically suspended on conviction of an offense under Section
545.420(a).
(b) A suspension under this section is for one year, except
as provided by this section.
© A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational license under
Subchapter L, except that an occupational license issued to a
person younger than 18 years of age whose license is suspended under
this section may permit the operation of a motor vehicle only for
transportation to and from an educational facility in which the
person is enrolled and the place where the person resides.
(d) A person whose license is suspended under Subsection (a)
shall be required by the court in which the person was convicted to
perform at least 10 hours of community service as ordered by the
court. If the person is a resident of this state without a driver's
license to operate a motor vehicle, the court shall issue an order
prohibiting the department from issuing the person a driver's
license before the person completes the community service.
Community service required under this subsection is in addition to
any community service required of the person as a condition of
community supervision under Section 16, Article 42.12, Code of
Criminal Procedure.
(e) If a person who is required to perform community service
under Subsection (d) completes that community service before the
end of the person's license suspension, the person may apply to the
department for reinstatement of the person's license or the
issuance of a new license. The application must include proof
satisfactory to the department that the person has performed the
community service.
(f) If a person whose license is suspended under this
section is subsequently convicted of an offense under Section
521.457(a) during the period of license suspension, in addition to
the penalties provided by Section 521.457, the department shall
revoke the person's license until the first anniversary of the date
of conviction and may not reinstate the person's license or issue
the person a new license before that date.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act apply only to an
offense committed on or after September 1, 2003.
© An offense committed before September 1, 2003, is
covered by the law in effect when 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 September 1, 2003, if
any element of the offense was committed before that date.

78R2204 MTB-F

By: Bonnen H.B. No. 252



A BILL TO BE ENTITLED

AN ACT

relating to vehicles passing certain stationary emergency vehicles
on a highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Move Over Act.
SECTION 2. Subchapter D, Chapter 545, Transportation Code,
is amended by adding Section 545.157 to read as follows:
Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a)
On approaching a stationary authorized emergency vehicle using
visual signals that meet the requirements of Sections 547.305 and
547.702, an operator, unless otherwise directed by a police
officer, shall:
(1) vacate the lane closest to the emergency vehicle
when driving on a highway with two or more lanes traveling in the
direction of the emergency vehicle; or
(2) slow to a speed not to exceed:
(A) 20 miles per hour less than the posted speed
limit when the posted speed limit is 25 miles per hour or more; or
(B) five miles per hour when the posted speed
limit is less than 25 miles per hour.
(b) An offense under this section is punishable by a fine of
not less than $60 or more than $200.
SECTION 3. This Act takes effect September 1, 2003.

Points system

The Driver Responsibility law (in House bill 3588) establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s license as follows:

Two points for a moving violation conviction in Texas or that of another state.
Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions.
Three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash.
Points remain on the driver record for a period of three years. Additionally, a conviction that becomes final before September 1, 2003, will not apply to the assessment of points under the program. This program does not replace other administrative suspension, revocations or cancellation actions that result from these same convictions.

Driver surcharges

DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

Annual surcharges for certain convictions

Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.

A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

The surcharge assessed for this program is in addition to other reinstatement fees required for other administrative actions.

Driver notification of surcharge and license revocation

DPS will notify the offending driver of the assessment of a surcharge on their license, via first-class mail. The notice will state the surcharge must be paid. Drivers who do not pay their surcharge within 30 days after the notice is sent will have their driving privileges revoked. The license will remain revoked until the person pays all surcharges and related costs, such as service/collection fees.

Who receives money from the surcharges

Each surcharge collected by the department under this law will be remitted to the Comptroller, on a monthly basis. Trauma centers and county and regional emergency medical services will receive 49.5 percent of the collected money, and the Texas Mobility fund will receive 49.5 percent of the collected money. The money that goes to trauma centers will be handled by the Texas Department of Health, while the Texas Department of Transportation will handle money going to the Mobility fund, which funds highway projects, including the TransTexas Corridor. The remaining one percent of the collected money will go to DPS for operation of the Driver Responsibility program.

The Driver Responsibility Program was passed into law as part of House bill 3588, article 10. (The text of the law is located at http://www.capitol.state.tx.us, page 152 of the Adobe text version.)

Originally posted by A_D

Originally posted by A_D