By Alexander H.B. No. 981 75R3585 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. Subchapter D, Chapter 542, Transportation Code, 1-6 is amended by adding Section 542.404 to read as follows: 1-7 Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR 1-8 MAINTENANCE WORK ZONE. (a) If an offense under this subtitle, 1-9 other than an offense under Chapter 548 or 552, is committed in a 1-10 construction or maintenance work zone when workers are present: 1-11 (1) the minimum fine applicable to the offense is the 1-12 greater of: 1-13 (A) $70; or 1-14 (B) twice the minimum fine that would be 1-15 applicable to the offense if it were committed outside a 1-16 construction or maintenance work zone; and 1-17 (2) the maximum fine applicable to the offense is 1-18 twice the maximum fine that would be applicable to the offense if 1-19 it were committed outside a construction or maintenance work zone. 1-20 (b) In this section, "construction or maintenance work zone" 1-21 means a portion of a highway or street where highway construction 1-22 or maintenance is being undertaken and that is marked by one or 1-23 more signs indicating that it is a construction or maintenance work 1-24 zone. 2-1 SECTION 2. Chapter 729, Transportation Code, is amended by 2-2 adding Section 729.004 to read as follows: 2-3 Sec. 729.004. FINE FOR OFFENSE IN CONSTRUCTION OR 2-4 MAINTENANCE WORK ZONE. (a) This section applies to an offense 2-5 under Section 729.001 for a violation of Subtitle C, other than 2-6 Chapter 548 or 552. 2-7 (b) If an offense to which this section applies is committed 2-8 in a construction or maintenance work zone when workers are 2-9 present: 2-10 (1) the minimum fine applicable to the offense is the 2-11 greater of: 2-12 (A) $70; or 2-13 (B) twice the minimum fine that would be 2-14 applicable to the offense if it were committed outside a 2-15 construction or maintenance work zone; and 2-16 (2) the maximum fine applicable to the offense is 2-17 twice the maximum fine that would be applicable to the offense if 2-18 it were committed outside a construction or maintenance work zone. 2-19 (c) In this section, "construction or maintenance work zone" 2-20 has the meaning assigned by Section 542.404. 2-21 SECTION 3. Chapter 49, Penal Code, is amended by adding 2-22 Section 49.12 to read as follows: 2-23 Sec. 49.12. FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE 2-24 WORK ZONE. (a) If an offense under this chapter involving the 2-25 operation of a motor vehicle is committed in a construction or 2-26 maintenance work zone when workers are present: 2-27 (1) the minimum fine applicable to the offense is the 3-1 greater of: 3-2 (A) $70; or 3-3 (B) twice the minimum fine that would be 3-4 applicable to the offense if it were committed outside a 3-5 construction or maintenance work zone; and 3-6 (2) the maximum fine applicable to the offense is 3-7 twice the maximum fine that would be applicable to the offense if 3-8 it were committed outside a construction or maintenance work zone. 3-9 (b) In this section, "construction or maintenance work zone" 3-10 has the meaning assigned by Section 542.404, Transportation Code. 3-11 SECTION 4. (a) The change in law made by this Act applies 3-12 only to an offense committed on or after the effective date of this 3-13 Act. For the purposes of this section, an offense is committed 3-14 before the effective date of this Act if any element of the offense 3-15 occurs before that date. 3-16 (b) An offense committed before the effective date of this 3-17 Act is governed by the law in effect when the offense was 3-18 committed, and the former law is continued in effect for that 3-19 purpose. 3-20 SECTION 5. This Act takes effect September 1, 1997. 3-21 SECTION 6. The importance of this legislation and the 3-22 crowded condition of the calendars in both houses create an 3-23 emergency and an imperative public necessity that the 3-24 constitutional rule requiring bills to be read on three several 3-25 days in each house be suspended, and this rule is hereby suspended.