SRC-CDH H.B. 981 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 981
By: Alexander (Cain)
Criminal Justice
5-10-97
Engrossed


DIGEST 

Currently, persons committing moving traffic violations in construction or
maintenance zones may be issued citations, with fines ranging from $1 to
$200.  H.B. 981 would increase the allowable fines for moving traffic
violations that occur in marked construction or maintenance work zones
when construction workers are present to a fine of not less than $2 or
more than $400.  In addition, this legislation would redefine
"construction or maintenance work zone" to mean a portion of a street or
highway where construction or maintenance is being undertaken, excepting
mobile operations, that is appropriately marked with one or more signs.   

PURPOSE

As proposed, H.B. 981 establishes fines for traffic offenses in highway or
street construction or maintenance work zones.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 472.022(d) and (e), Transportation Code, to
provide that an offense under this section is a misdemeanor punishable by
a fine of not less than $1 or more than $200, except that if the offense
is committed in a construction or maintenance work zone when workers are
present, the offense is a misdemeanor punishable by a fine of not less
than $2 or more than $400. Defines "construction or maintenance work zone"
to mean a portion of a highway or street where highway construction or
maintenance is being undertaken, other than mobile operations, that is
appropriately marked by one or more signs.  Makes conforming changes. 

SECTION 2. Amends Chapter 542D, Transportation Code, by adding Section
542.404, as follows: 

Sec. 542.404.  FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE.
Provides that if an offense under this subtitle, other than certain
offenses, is committed in a construction or maintenance work zone when
workers are present, the minimum and maximum fines applicable are twice
the minimum and maximum fines that would be applicable if the offense were
committed outside a construction or maintenance work zone.  Defines
"construction or maintenance work zone."   

SECTION 3. Amends Chapter 729, Transportation Code, by adding Section
729.004, as follows: 

Sec. 729.004.  FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE.
Provides that this section applies to an offense under Section 729.001 for
a violation of Subtitle C, other than Chapter 548 or 552 or Section
545.412 or 545.413.  Makes conforming changes.   

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date:  January 1, 1998.

 SECTION 6. Emergency clause.