1-1 By: Staples (Senate Sponsor - Nixon) H.B. No. 1425
1-2 (In the Senate - Received from the House April 23, 1999;
1-3 April 26, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a traffic offense committed in a construction or
1-9 maintenance work zone.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 472.022(d), Transportation Code, is
1-12 amended to read as follows:
1-13 (d) An offense under this section is a misdemeanor
1-14 punishable by a fine of not less than $1 or more than $200, except
1-15 that if the offense is committed in a construction or maintenance
1-16 work zone when workers are present and any written notice to appear
1-17 issued for the offense states on its face that workers were present
1-18 when the offense was committed, the offense is a misdemeanor
1-19 punishable by a fine of not less than $2 or more than $400.
1-20 SECTION 2. Section 472.022(e)(2), Transportation Code, is
1-21 amended to read as follows:
1-22 (2) "Construction or maintenance work zone" means a
1-23 portion of a highway or street:
1-24 (A) where highway construction or maintenance is
1-25 being undertaken, other than mobile operations as defined by the
1-26 Texas Manual on Uniform Traffic Control Devices; and
1-27 (B) that is marked by [one or more] signs
1-28 indicating that it is a construction or maintenance work zone and
1-29 stating: "Fines double when workers present."
1-30 SECTION 3. Section 542.404(a), Transportation Code, is
1-31 amended to read as follows:
1-32 (a) If an offense under this subtitle, other than an offense
1-33 under Chapter 548 or 552 or Section 545.412 or 545.413, is
1-34 committed in a construction or maintenance work zone when workers
1-35 are present and any written notice to appear issued for the offense
1-36 states on its face that workers were present when the offense was
1-37 committed:
1-38 (1) the minimum fine applicable to the offense is
1-39 twice the minimum fine that would be applicable to the offense if
1-40 it were committed outside a construction or maintenance work zone;
1-41 and
1-42 (2) the maximum fine applicable to the offense is
1-43 twice the maximum fine that would be applicable to the offense if
1-44 it were committed outside a construction or maintenance work zone.
1-45 SECTION 4. Section 729.004(b), Transportation Code, is
1-46 amended to read as follows:
1-47 (b) If an offense to which this section applies is committed
1-48 in a construction or maintenance work zone when workers are present
1-49 and any written notice to appear issued for the offense states on
1-50 its face that workers were present when the offense was committed:
1-51 (1) the minimum fine applicable to the offense is
1-52 twice the minimum fine that would be applicable to the offense if
1-53 it were committed outside a construction or maintenance work zone;
1-54 and
1-55 (2) the maximum fine applicable to the offense is
1-56 twice the maximum fine that would be applicable to the offense if
1-57 it were committed outside a construction or maintenance work zone.
1-58 SECTION 5. (a) The change in law made by this Act applies
1-59 only to an offense committed on or after the effective date of this
1-60 Act. For the purposes of this section, an offense is committed
1-61 before the effective date of this Act if any element of the offense
1-62 occurs before that date.
1-63 (b) An offense committed before the effective date of this
1-64 Act is governed by the law in effect when the offense was
2-1 committed, and the former law is continued in effect for that
2-2 purpose.
2-3 SECTION 6. This Act takes effect September 1, 1999.
2-4 SECTION 7. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *