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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses related to highways and motor |
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vehicles; creating a criminal offense; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.03, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) An offense under this section is a Class B misdemeanor, |
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except that the offense is a state jail felony if it is shown on the |
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trial of the offense that the offense was committed in furtherance |
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of: |
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(1) an offense under Section 545.420, Transportation |
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Code; or |
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(2) a reckless driving exhibition. |
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(d) For purposes of this section, "reckless driving |
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exhibition" means an operator of a motor vehicle intentionally: |
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(1) breaking the traction of the vehicle's rear tires; |
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(2) spinning the vehicle's rear tires continuously by |
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pressing the accelerator and increasing the engine speed; and |
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(3) steering the vehicle in a manner designed to |
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rotate the vehicle. |
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SECTION 2. Section 545.401(b), Transportation Code, is |
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amended to read as follows: |
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(b) An offense under this section is a misdemeanor |
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punishable by: |
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(1) a fine of not less than $1,000 or more than $4,000 |
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[not to exceed $200]; |
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(2) confinement in [county] jail for a term not to |
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exceed one year [not more than 30 days]; or |
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(3) both the fine and the confinement. |
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SECTION 3. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4205 to read as follows: |
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Sec. 545.4205. SPECTATOR OF RECKLESS DRIVING EXHIBITION OR |
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RACING ON A HIGHWAY PROHIBITED; CRIMINAL OFFENSE. (a) A person |
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commits an offense if the person knowingly attends as a spectator: |
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(1) an exhibition of conduct prohibited under Section |
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545.420 or a reckless driving exhibition, as defined by Section |
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42.03, Penal Code; or |
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(2) preparations for an event described by Subdivision |
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(1). |
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(b) For the purposes of Subsection (a), a person is present |
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at an exhibition if the person is in proximity to the exhibition or |
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preparations for an exhibition. |
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(c) An offense under this section is a Class C misdemeanor |
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punishable by a fine not to exceed $500. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |