BILL ANALYSIS

H.B. 898

By: Stucky

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Move Over or Slow Down law, which historically required drivers to yield to police, fire, emergency vehicles, and tow trucks, has been expanded over the years to provide the same protections for Texas Department of Transportation (TxDOT) work crews and other roadside workers. The law requires drivers to move over a lane or slow to 20 miles per hour below the posted speed limit when approaching emergency vehicles, law enforcement, tow trucks, utility service vehicles, TxDOT vehicles, or other construction or maintenance vehicles using visual signals or flashing lights activated on the roadside. H.B. 898 seeks to expand the law's efficacy by changing the penalty structure for those who are ticketed for violating the law, and increasing penalties and fines. The legislation also gives the court the discretion to adjust the fine and court costs based on the context of the violation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 898 amends the Transportation Code to do the following with respect to the Class C misdemeanor offense of passing certain stationary emergency, maintenance, utility, and construction vehicles or tow trucks and failing to vacate the lane closest to the vehicle or slow down to the required speed:

· set the fee for the offense at not less than $500 or more than $1,250;

· enhance the fee for a subsequent conviction of the offense, if it is committed within five years of the date on which the most recent preceding offense was committed, to a fine of not less than $1,000 or more than $2,000; and

· increase the penalty for such an offense if it results in serious bodily injury to another from a Class B to a Class A misdemeanor and enhance that penalty to a state jail felony for a second or subsequent conviction.

If, on conviction, it is shown on the trial of the offense that the person has previously been convicted of the offense the court may order the person's driver's license to be suspended for a period not to exceed six months. The bill authorizes the court to require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the court to have insufficient resources or income to pay such a fine or costs, to discharge all or part of the fine or costs by performing community service.

H.B. 898 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.