By Alexander H.B. No. 981 75R6553 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to fines for traffic offenses in highway or street 1-3 construction or maintenance work zones. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 472.022(d) and (e), Transportation Code, 1-6 are amended to read as follows: 1-7 (d) An offense under this section is a misdemeanor 1-8 punishable by a fine of not less than $1 or more than $200, except 1-9 that if the offense is committed in a construction or maintenance 1-10 work zone when workers are present, the offense is a misdemeanor 1-11 punishable by a fine of not less than $2 or more than $400. 1-12 (e) In this section: 1-13 (1) "Barricade" means an obstruction: 1-14 (A) placed on or across a road, street, or 1-15 highway of this state by the department, a political subdivision of 1-16 this state, or a contractor or subcontractor constructing or 1-17 repairing the road, street, or highway under authorization of the 1-18 department or a political subdivision of this state; and 1-19 (B) placed to prevent the passage of motor 1-20 vehicles over the road, street, or highway during construction or 1-21 repair. 1-22 (2) "Construction or maintenance work zone" means a 1-23 portion of a highway or street: 1-24 (A) where highway construction or maintenance is 2-1 being undertaken, other than mobile operations as defined by the 2-2 Texas Manual on Uniform Traffic Control Devices; and 2-3 (B) that is marked by one or more signs 2-4 indicating that it is a construction or maintenance work zone. 2-5 (3) "Warning sign" means a signal, marking, or device 2-6 placed on a barricade or on a road, street, or highway under 2-7 construction or repair by the department, a political subdivision 2-8 of this state, or a contractor or subcontractor to warn or regulate 2-9 motor vehicular traffic. The term includes a flagger deployed on a 2-10 road, street, or highway by the department, a political subdivision 2-11 of this state, or a contractor or subcontractor to direct traffic 2-12 around or on the road, street, or highway under construction or 2-13 repair. 2-14 SECTION 2. Subchapter D, Chapter 542, Transportation Code, 2-15 is amended by adding Section 542.404 to read as follows: 2-16 Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR 2-17 MAINTENANCE WORK ZONE. (a) If an offense under this subtitle, 2-18 other than an offense under Chapter 548 or 552 or Section 545.412 2-19 or 545.413, is committed in a construction or maintenance work zone 2-20 when workers are present: 2-21 (1) the minimum fine applicable to the offense is 2-22 twice the minimum fine that would be applicable to the offense if 2-23 it were committed outside a construction or maintenance work zone; 2-24 and 2-25 (2) the maximum fine applicable to the offense is 2-26 twice the maximum fine that would be applicable to the offense if 2-27 it were committed outside a construction or maintenance work zone. 3-1 (b) In this section, "construction or maintenance work zone" 3-2 has the meaning assigned by Section 472.022. 3-3 SECTION 3. Chapter 729, Transportation Code, is amended by 3-4 adding Section 729.004 to read as follows: 3-5 Sec. 729.004. FINE FOR OFFENSE IN CONSTRUCTION OR 3-6 MAINTENANCE WORK ZONE. (a) This section applies to an offense 3-7 under Section 729.001 for a violation of Subtitle C, other than 3-8 Chapter 548 or 552 or Section 545.412 or 545.413. 3-9 (b) If an offense to which this section applies is committed 3-10 in a construction or maintenance work zone when workers are 3-11 present: 3-12 (1) the minimum fine applicable to the offense is 3-13 twice the minimum fine that would be applicable to the offense if 3-14 it were committed outside a construction or maintenance work zone; 3-15 and 3-16 (2) the maximum fine applicable to the offense is 3-17 twice the maximum fine that would be applicable to the offense if 3-18 it were committed outside a construction or maintenance work zone. 3-19 (c) In this section, "construction or maintenance work zone" 3-20 has the meaning assigned by Section 472.022. 3-21 SECTION 4. (a) The change in law made by this Act applies 3-22 only to an offense committed on or after the effective date of this 3-23 Act. For the purposes of this section, an offense is committed 3-24 before the effective date of this Act if any element of the offense 3-25 occurs before that date. 3-26 (b) An offense committed before the effective date of this 3-27 Act is governed by the law in effect when the offense was 4-1 committed, and the former law is continued in effect for that 4-2 purpose. 4-3 SECTION 5. This Act takes effect January 1, 1998. 4-4 SECTION 6. The importance of this legislation and the 4-5 crowded condition of the calendars in both houses create an 4-6 emergency and an imperative public necessity that the 4-7 constitutional rule requiring bills to be read on three several 4-8 days in each house be suspended, and this rule is hereby suspended.