BILL ANALYSIS



C.S.H.B. 712
By: Moffat
03-29-95
Committee Report (Substituted)


BACKGROUND

Last session, the Legislature increased the maximum fine for
overtaking and passing a school bus from $500 to $1000, Article
6701d VTCS, Section 104(c).  This removed the violation from the
jurisdiction of municipal courts to county level courts. To
complicate matters, there is confusion among law enforcement
officers concerning their ability to issue citations; if the fine
is $501 to $2000, the offense is considered a Class B misdemeanor.
Consequently, the 1993 law has contributed to a lack of enforcement
and prosecution.

PURPOSE

House Bill 712 returns the maximum fine for overtaking and passing
a school bus to $500, which would make the violation a Class C
misdemeanor, thereby returning jurisdiction to the municipal
courts.

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.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends section 104(c), Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes) to state
that an offense under this section is punishable by a fine of not
less than $200 and not more than $500.

SECTION 2: Amends Section 104(d), Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes) as follows:
Subsection (d) adds language stating that upon conviction of second
or subsequent offense, a justice or municipal court may order the
suspension of the offender's driver's license for up to six months.

SECTION 3: Effective date: September 1, 1995.

SECTION 4: Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

As proposed, House Bill 712 returns jurisdiction of the offense of
passing a stopped school bus from county courts to municipal courts
by reducing the fine to $500. This reduction will allow municipal
law enforcement to prosecute the offense more effectively. C.S.H.B.
712 also expands the jurisdiction of Justice of the Peace Courts
and Municipal Courts to allow them the option of license suspension
or revocation as a penalty for second offenses or repeat offenses
in Class C misdemeanor cases involving overtaking and passing a
school bus.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander.  The Chair laid out H.B. 712 and recognized
Representative Moffat to explain H.B. 712.  The Chair recognized
Representative Siebert to lay out the Committee Substitute to H.B.
712.  The Chair recognized the following persons who testified in
favor of H.B. 712:  Sherman Neal, Ft. Worth Police Department. Jim
Lyde, Tx. Assoc. of School district Police. Sgt. S.C. Van Vkely,
Ft. Worth Police Department. Representative Siebert withdrew the
Committee Substitute to H.B. 712.  The Chair left H.B. 712 pending
before the Committee.  Pursuant to a public notice posted on March
23, 1995, at 7:36 p.m., the House Committee on Transportation met
in a public hearing on Wednesday, March 29, 1995 at 2:00 p.m. in
Room E1.014 of the Capitol Extension and was called to order at
2:10 p.m. by the Chair, Representative Clyde Alexander.  The Chair
laid out H.B. 712 by Moffat which was pending before the Committee. 
Representative Siebert laid out the Committee Substitute and
without objection the substitute was adopted.  Representative
Alonzo moved that the committee report H.B. 712, as substituted, to
the full House with the recommendation that it do pass.  The motion
prevailed by the following vote: Ayes (6), Nayes (0), Absent (3),
Present not voting (0).