By: Wilson H.B. No. 2106
73R5661 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalties for certain traffic, vehicle weight, and
1-3 littering violations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 365.012(e) and (f), Health and Safety
1-6 Code, are amended to read as follows:
1-7 (e) An offense under this section is a <Class B> misdemeanor
1-8 punishable by a fine not to exceed $1,500 if the litter to which
1-9 the offense applies weighs more than 15 pounds but less than 500
1-10 pounds or has a volume of more than 13 gallons but less than 100
1-11 cubic feet.
1-12 (f) An offense under this section is a <Class A> misdemeanor
1-13 punishable by a fine not to exceed $3,000 if:
1-14 (1) the litter to which the offense applies weighs 500
1-15 pounds or more or has a volume of 100 cubic feet or more; or
1-16 (2) the litter is disposed for a commercial purpose
1-17 and weighs more than five pounds or has a volume of more than 13
1-18 gallons.
1-19 SECTION 2. Section 365.013(c), Health and Safety Code, is
1-20 amended to read as follows:
1-21 (c) An offense under this section is a <Class A> misdemeanor
1-22 punishable by a fine not to exceed $3,000.
1-23 SECTION 3. Section 365.016(b), Health and Safety Code, is
1-24 amended to read as follows:
2-1 (b) An offense under this section is a Class C misdemeanor
2-2 unless:
2-3 (1) it is shown on the trial of the defendant that the
2-4 defendant previously has been convicted once of an offense under
2-5 this section, in which event the offense is a <Class A> misdemeanor
2-6 punishable by a fine not to exceed $3,000; or
2-7 (2) it is shown on the trial of the defendant that the
2-8 defendant previously has been convicted two or more times of an
2-9 offense under this section, in which event the offense is a felony
2-10 punishable by a fine not to exceed $10,000 <of the third degree>.
2-11 SECTION 4. Section 365.033(e), Health and Safety Code, is
2-12 amended to read as follows:
2-13 (e) An offense under this section is a Class C misdemeanor
2-14 unless it is shown on the trial of the defendant that the defendant
2-15 has previously been convicted of an offense under this section, in
2-16 which event the offense is a <Class A> misdemeanor punishable by a
2-17 fine not to exceed $3,000.
2-18 SECTION 5. Section 23B(b), Chapter 173, Acts of the 47th
2-19 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-20 Civil Statutes), is amended to read as follows:
2-21 (b) A person who holds a license issued under Section 23A of
2-22 this Act commits an offense if the person <he> operates a motor
2-23 vehicle in violation of the restrictions on the license or if the
2-24 person <he> fails to carry a certified copy of the court order as
2-25 required by Subsection (a) of this section. An offense under this
2-26 subsection is a <Class B> misdemeanor punishable by a fine not to
2-27 exceed $1,500, and on conviction the license and order issued under
3-1 Section 23A are automatically terminated.
3-2 SECTION 6. Section 5(a), Chapter 71, Acts of the 47th
3-3 Legislature, Regular Session, 1941, is amended to read as follows:
3-4 (a) Except as provided by Subsection (c), any person,
3-5 corporation, receiver or association who violates any provision of
3-6 Section 5, Chapter 42, General Laws, Acts of the 41st Legislature,
3-7 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
3-8 Statutes), (the Section fixing the gross weight of commercial motor
3-9 vehicles) shall, upon conviction, be punished by a fine of not less
3-10 than One Hundred Dollars ($100), nor more than One Hundred Fifty
3-11 Dollars ($150); for a second conviction within one year thereafter
3-12 such person, corporation, receiver, or association shall be
3-13 punished by a fine of not less than One Hundred Fifty Dollars
3-14 ($150) nor more than Two Hundred Fifty Dollars ($250) <or
3-15 imprisonment in the county jail for not more than sixty (60) days
3-16 or by both such fine and imprisonment>; upon a third or subsequent
3-17 conviction within one year after the second conviction such person,
3-18 corporation, receiver, or association shall be punished by a fine
3-19 of not less than Two Hundred Dollars ($200) nor more than Five
3-20 Hundred Dollars ($500) <or by imprisonment in the county jail for
3-21 not more than six (6) months, or by both such fine and
3-22 imprisonment>. It shall be the duty of the judge of the court to
3-23 report forthwith to the Department of Public Safety any convictions
3-24 obtained in his court under this Section and it shall be the duty
3-25 of the Department of Public Safety to keep a record thereof.
3-26 SECTION 7. Section 15(b), Chapter 42, General Laws, Acts of
3-27 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
4-1 Vernon's Texas Civil Statutes), is amended to read as follows:
4-2 (b) Any person, corporation or receiver, who violates any
4-3 provision of this Act shall, upon conviction, be punished by a fine
4-4 of not more than Two Hundred Dollars ($200.00); for a second
4-5 conviction within one (1) year thereafter such person, corporation
4-6 or receiver, shall be punished by a fine of not more than Five
4-7 Hundred Dollars ($500.00)<, or by imprisonment in the County Jail
4-8 for not more than sixty (60) days, or by both such fine and
4-9 imprisonment>; upon a third or subsequent conviction within one (1)
4-10 year after the second conviction such person, corporation or
4-11 receiver shall be punished by a fine of not more than One Thousand
4-12 Dollars ($1,000.00)<, or by imprisonment in the County Jail for not
4-13 more than six (6) months, or by both such fine and imprisonment>.
4-14 If the violator is a corporation, <Provisions hereof with respect
4-15 to imprisonment shall not be applicable to corporations, but>
4-16 double the fines herein provided for may be imposed against the
4-17 corporation <them in lieu of imprisonment>.
4-18 SECTION 8. This Act takes effect September 1, 1993. The
4-19 changes in law made by this Act apply only to the punishment for an
4-20 offense committed on or after that date. The punishment for an
4-21 offense committed before the effective date of this Act is covered
4-22 by the law in effect when the offense was committed, and the former
4-23 law is continued in effect for that purpose. For purposes of this
4-24 section, an offense was committed before the effective date of this
4-25 Act if any element of the offense occurred before that date.
4-26 SECTION 9. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended.