1-1 AN ACT
1-2 relating to a traffic offense committed in a construction or
1-3 maintenance work zone.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 472.022(d), Transportation Code, is
1-6 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 and any written notice to appear
1-11 issued for the offense states on its face that workers were present
1-12 when the offense was committed, the offense is a misdemeanor
1-13 punishable by a fine of not less than $2 or more than $400.
1-14 SECTION 2. Section 472.022(e)(2), Transportation Code, is
1-15 amended to read as follows:
1-16 (2) "Construction or maintenance work zone" means a
1-17 portion of a highway or street:
1-18 (A) where highway construction or maintenance is
1-19 being undertaken, other than mobile operations as defined by the
1-20 Texas Manual on Uniform Traffic Control Devices; and
1-21 (B) that is marked by [one or more] signs
1-22 indicating that it is a construction or maintenance work zone and
1-23 stating: "Fines double when workers present."
1-24 SECTION 3. Section 542.404(a), Transportation Code, is
2-1 amended to read as follows:
2-2 (a) If an offense under this subtitle, other than an offense
2-3 under Chapter 548 or 552 or Section 545.412 or 545.413, is
2-4 committed in a construction or maintenance work zone when workers
2-5 are present and any written notice to appear issued for the offense
2-6 states on its face that workers were present when the offense was
2-7 committed:
2-8 (1) the minimum fine applicable to the offense is
2-9 twice the minimum fine that would be applicable to the offense if
2-10 it were committed outside a construction or maintenance work zone;
2-11 and
2-12 (2) the maximum fine applicable to the offense is
2-13 twice the maximum fine that would be applicable to the offense if
2-14 it were committed outside a construction or maintenance work zone.
2-15 SECTION 4. Section 729.004(b), Transportation Code, is
2-16 amended to read as follows:
2-17 (b) If an offense to which this section applies is committed
2-18 in a construction or maintenance work zone when workers are present
2-19 and any written notice to appear issued for the offense states on
2-20 its face that workers were present when the offense was committed:
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 SECTION 5. (a) The change in law made by this Act applies
3-2 only to an offense committed on or after the effective date of this
3-3 Act. For the purposes of this section, an offense is committed
3-4 before the effective date of this Act if any element of the offense
3-5 occurs before that date.
3-6 (b) An offense committed before the effective date of this
3-7 Act is governed by the law in effect when the offense was
3-8 committed, and the former law is continued in effect for that
3-9 purpose.
3-10 SECTION 6. This Act takes effect September 1, 1999.
3-11 SECTION 7. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1425 was passed by the House on April
22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1425 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor