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.