CLW H.B. 981 75(R)BILL ANALYSIS TRANSPORTATION H.B. 981 By: Alexander 3-6-97 Committee Report (Substituted) BACKGROUND Thirty-five states have enacted laws increasing fines for speeding or other moving violations which occur in roadway construction or maintenance work zones. According to a study conducted by the Texas Department of Transportation (TXDOT), some 86,200 vehicles were involved in accidents in work zones between 1993-1995, including more than 25,300 in 1995 alone. In 1996, three employees of the TXDOT were killed in highway work zones. One was killed in each of 1994 and 1995. The TXDOT, the Texas Department of Public Safety and two trade associations (Associated General Contractors and the American Traffic Safety Services Association) have implemented the "Give Us A Brake" public awareness program to help remind drivers to slow down, observe construction or maintenance signs and make highway work zones safer for workers and motorists. PURPOSE The purpose of this legislation is to increase fines for moving violations which occur in construction or maintenance work zones when workers are present. 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 Sections 472.022(d) and (e), Transportation Code, as follows: (d) Fines for disobeying instructions, signals, warning or markings of a warning sign in a construction or maintenance work zone will be doubled to not less than $2 or more than $400 (from the present $1 to $200). (e) Adds a definition of "construction or maintenance work zone" to mean a highway or street: (A) where construction or maintenance, other than mobile operations, is occurring, and (B) that is marked by signs. SECTION 2. Amends Subchapter D, Chapter 542, Transportation Code, by adding Sect. 542.404 which specifies that (a) if moving violations in this subtitle, except for Chapter 548 (Compulsory Inspection of Vehicles), Chapter 552 (Pedestrians), or Secs. 545.412 and 545.413 (Safety Belts), are committed in a construction or maintenance work zone when workers are present: (1) the minimum fine is twice the fine applicable of an offense committed outside a zone; and (2) the maximum fine is twice the fine applicable of an offense committed outside a zone. (b) Defines construction or maintenance work zone as a highway or street where work is being undertaken and is marked by appropriate signs. SECTION 3. Amends Chapter 729, Transportation Code, by adding Sect. 729.004, which states (a) that violations of Subtitle C (Rules of the Road) under Sect. 729.001 (Operation of Motor Vehicle by Minor in Violation of Traffic Laws; Offense), except for for Chapters 548 and 552 or Secs. 545.412 or 545.413, are covered by this section. (b) If an offense in this section applies in a construction or maintenance work zone when workers are present: (1) the minimum fine is twice the fine applicable of an offense committed outside a zone; and (2) the maximum fine is twice the fine applicable of an offense committed outside a zone. (c) Defines construction or maintenance zones the same as Sect. 472.022, Transportation Code. SECTION 4. (a) This Act applies only to offenses committed on or after the effective date of the Act. (b) Present law governs offenses committed prior to the effect date of the Act. SECTION 5. Effective Date - January 1, 1998. SECTION 6. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Adds new SECTION 1. Doubles fines for disobeying warning signs in construction or maintenance work zones when workers are present. Creates definition of "Construction or maintenance work zone", which is referenced in SECTIONS 2 and 3 of C.S.H.B. 981. SECTION 1 of original is renumbered as SECTION 2 of the committee substitute. SECTION 2 of C.S.H.B. 981 exempts two Sections of Transportation Code from the doubling fines provision. Deletes SECTION 3 of original and renumbers accordingly. SECTION 5. Changes effective date from September 1, 1997 to January 1, 1998.