By Craddick                                     H.B. No. 3107

      75R932 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to fines for certain traffic offenses in highway or street

 1-3     construction or maintenance 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 ZONE.  (a)  If an offense under Subchapter H, Chapter

 1-9     545, is committed in a construction or maintenance zone when

1-10     workers are present, the maximum fine applicable to the offense is

1-11     twice the amount that would be applicable to the offense if it were

1-12     committed outside a construction or maintenance zone.

1-13           (b)  In this section, "construction or maintenance zone"

1-14     means a portion of a highway or street where highway construction

1-15     or maintenance is being undertaken and that is marked by one or

1-16     more signs indicating that it is a construction or maintenance

1-17     zone.

1-18           SECTION 2.  Chapter 729, Transportation Code, is amended by

1-19     adding Section 729.004 to read as follows:

1-20           Sec. 729.004.  FINE FOR OFFENSE IN CONSTRUCTION OR

1-21     MAINTENANCE ZONE.  (a)  This section applies to an offense under

1-22     Section 729.001 for a violation of Subchapter H, Chapter 545.

1-23           (b)  If an offense to which this section applies is committed

1-24     in a construction or maintenance zone when workers are present, the

 2-1     maximum fine applicable to the offense is twice the amount that

 2-2     would be applicable to the offense if it were committed outside a

 2-3     construction or maintenance zone.

 2-4           (c)  In this section, "construction or maintenance zone" has

 2-5     the meaning assigned by Section 542.404.

 2-6           SECTION 3.  (a)  The change in law made by this Act applies

 2-7     only to an offense committed on or after the effective date of this

 2-8     Act.  For the purposes of this section, an offense is committed

 2-9     before the effective date of this Act if any element of the offense

2-10     occurs before that date.

2-11           (b)  An offense committed before the effective date of this

2-12     Act is governed by the law in effect when the offense was

2-13     committed, and the former law is continued in effect for that

2-14     purpose.

2-15           SECTION 4.  This Act takes effect September 1, 1997.

2-16           SECTION 5.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.