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.