By Staples H.B. No. 1425
76R1375 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the notice to appear issued for a traffic offense
1-3 committed in a construction or 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 542.404(a), Transportation Code, is
1-15 amended to read as follows:
1-16 (a) If an offense under this subtitle, other than an offense
1-17 under Chapter 548 or 552 or Section 545.412 or 545.413, is
1-18 committed in a construction or maintenance work zone when workers
1-19 are present and any written notice to appear issued for the offense
1-20 states on its face that workers were present when the offense was
1-21 committed:
1-22 (1) the minimum fine applicable to the offense is
1-23 twice the minimum fine that would be applicable to the offense if
1-24 it were committed outside a construction or maintenance work zone;
2-1 and
2-2 (2) the maximum fine applicable to the offense is
2-3 twice the maximum fine that would be applicable to the offense if
2-4 it were committed outside a construction or maintenance work zone.
2-5 SECTION 3. Section 729.004(b), Transportation Code, is
2-6 amended to read as follows:
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 present
2-9 and any written notice to appear issued for the offense states on
2-10 its face that workers were present when the offense was committed:
2-11 (1) the minimum fine applicable to the offense is
2-12 twice the minimum fine that would be applicable to the offense if
2-13 it were committed outside a construction or maintenance work zone;
2-14 and
2-15 (2) the maximum fine applicable to the offense is
2-16 twice the maximum fine that would be applicable to the offense if
2-17 it were committed outside a construction or maintenance work zone.
2-18 SECTION 4. (a) The change in law made by this Act applies
2-19 only to an offense committed on or after the effective date of this
2-20 Act. For the purposes of this section, an offense is committed
2-21 before the effective date of this Act if any element of the offense
2-22 occurs before that date.
2-23 (b) An offense committed before the effective date of this
2-24 Act is governed by the law in effect when the offense was
2-25 committed, and the former law is continued in effect for that
2-26 purpose.
2-27 SECTION 5. This Act takes effect September 1, 1999.
3-1 SECTION 6. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.