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.