By West                                          H.B. No. 258

      75R2376 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the penalty for operating a motor vehicle in violation

 1-3     of the Motor Vehicle Safety Responsibility Act.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 601.191, Transportation Code, is amended

 1-6     to read as follows:

 1-7           Sec. 601.191.  OPERATION OF MOTOR VEHICLE IN VIOLATION OF

 1-8     MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.  (a)  A

 1-9     person commits an offense if the person operates a motor vehicle in

1-10     violation of Section 601.051.

1-11           (b)  An [Except as provided by Subsections (c) and (d), an]

1-12     offense under this section is a Class B misdemeanor, with a minimum

1-13     term of confinement of six days [punishable by a fine of not less

1-14     than $175 or more than $350].

1-15           [(c)  If a person has been previously convicted of an offense

1-16     under this section, an offense under this section is a misdemeanor

1-17     punishable by a fine of not less than $350 or more than $1,000.]

1-18           [(d)  If the court determines that a person who has not been

1-19     previously convicted of an offense under this section is

1-20     economically unable to pay the fine, the court may reduce the fine

1-21     to less than $175.]

1-22           SECTION 2.  (a)  The change in law made by this Act applies

1-23     only to the punishment for an offense  committed on or after the

1-24     effective date of this Act.  For purposes of this section, an

 2-1     offense is committed before the effective date of this Act if any

 2-2     element of the offense occurs before the effective date.

 2-3           (b)  An offense committed before the effective date of this

 2-4     Act is covered by the law in effect when the offense was committed,

 2-5     and the former law is continued in effect for this purpose.

 2-6           SECTION 3.  This Act takes effect September 1, 1997.

 2-7           SECTION 4.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.