75R6553 DWS-D
By Alexander H.B. No. 981
Substitute the following for H.B. No. 981:
By Alexander C.S.H.B. No. 981
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.