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).