1-1 By: Alexander (Senate Sponsor - Cain) H.B. No. 981 1-2 (In the Senate - Received from the House April 11, 1997; 1-3 April 14, 1997, read first time and referred to Committee on 1-4 Criminal Justice; May 18, 1997, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to fines for traffic offenses in highway or street 1-9 construction or maintenance work zones. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Sections 472.022(d) and (e), Transportation Code, 1-12 are amended to read as follows: 1-13 (d) An offense under this section is a misdemeanor 1-14 punishable by a fine of not less than $1 or more than $200, except 1-15 that if the offense is committed in a construction or maintenance 1-16 work zone when workers are present, the offense is a misdemeanor 1-17 punishable by a fine of not less than $2 or more than $400. 1-18 (e) In this section: 1-19 (1) "Barricade" means an obstruction: 1-20 (A) placed on or across a road, street, or 1-21 highway of this state by the department, a political subdivision of 1-22 this state, or a contractor or subcontractor constructing or 1-23 repairing the road, street, or highway under authorization of the 1-24 department or a political subdivision of this state; and 1-25 (B) placed to prevent the passage of motor 1-26 vehicles over the road, street, or highway during construction or 1-27 repair. 1-28 (2) "Construction or maintenance work zone" means a 1-29 portion of a highway or street: 1-30 (A) where highway construction or maintenance is 1-31 being undertaken, other than mobile operations as defined by the 1-32 Texas Manual on Uniform Traffic Control Devices; and 1-33 (B) that is marked by one or more signs 1-34 indicating that it is a construction or maintenance work zone. 1-35 (3) "Warning sign" means a signal, marking, or device 1-36 placed on a barricade or on a road, street, or highway under 1-37 construction or repair by the department, a political subdivision 1-38 of this state, or a contractor or subcontractor to warn or regulate 1-39 motor vehicular traffic. The term includes a flagger deployed on a 1-40 road, street, or highway by the department, a political subdivision 1-41 of this state, or a contractor or subcontractor to direct traffic 1-42 around or on the road, street, or highway under construction or 1-43 repair. 1-44 SECTION 2. Subchapter D, Chapter 542, Transportation Code, 1-45 is amended by adding Section 542.404 to read as follows: 1-46 Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR 1-47 MAINTENANCE WORK ZONE. (a) If an offense under this subtitle, 1-48 other than an offense under Chapter 548 or 552 or Section 545.412 1-49 or 545.413, is committed in a construction or maintenance work zone 1-50 when workers are present: 1-51 (1) the minimum fine applicable to the offense is 1-52 twice the minimum fine that would be applicable to the offense if 1-53 it were committed outside a construction or maintenance work zone; 1-54 and 1-55 (2) the maximum fine applicable to the offense is 1-56 twice the maximum fine that would be applicable to the offense if 1-57 it were committed outside a construction or maintenance work zone. 1-58 (b) In this section, "construction or maintenance work zone" 1-59 has the meaning assigned by Section 472.022. 1-60 SECTION 3. Chapter 729, Transportation Code, is amended by 1-61 adding Section 729.004 to read as follows: 1-62 Sec. 729.004. FINE FOR OFFENSE IN CONSTRUCTION OR 1-63 MAINTENANCE WORK ZONE. (a) This section applies to an offense 1-64 under Section 729.001 for a violation of Subtitle C, other than 2-1 Chapter 548 or 552 or Section 545.412 or 545.413. 2-2 (b) If an offense to which this section applies is committed 2-3 in a construction or maintenance work zone when workers are 2-4 present: 2-5 (1) the minimum fine applicable to the offense is 2-6 twice the minimum fine that would be applicable to the offense if 2-7 it were committed outside a construction or maintenance work zone; 2-8 and 2-9 (2) the maximum fine applicable to the offense is 2-10 twice the maximum fine that would be applicable to the offense if 2-11 it were committed outside a construction or maintenance work zone. 2-12 (c) In this section, "construction or maintenance work zone" 2-13 has the meaning assigned by Section 472.022. 2-14 SECTION 4. (a) The change in law made by this Act applies 2-15 only to an offense committed on or after the effective date of this 2-16 Act. For the purposes of this section, an offense is committed 2-17 before the effective date of this Act if any element of the offense 2-18 occurs before that date. 2-19 (b) An offense committed before the effective date of this 2-20 Act is governed by the law in effect when the offense was 2-21 committed, and the former law is continued in effect for that 2-22 purpose. 2-23 SECTION 5. This Act takes effect January 1, 1998. 2-24 SECTION 6. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 2-28 days in each house be suspended, and this rule is hereby suspended. 2-29 * * * * *