By Shapiro S.B. No. 1631
76R3530 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for driving while a driver's license is
1-3 invalid.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.457, Transportation Code, is amended
1-6 by amending Subsections (e) and (f), redesignating Subsection (g)
1-7 as Subsection (h), and adding a new Subsection (g) to read as
1-8 follows:
1-9 (e) Except as provided by Subsections [Subsection] (f) and
1-10 (g), an offense under this section is a misdemeanor punishable by:
1-11 (1) a fine of not less than $100 or more than $500;
1-12 and
1-13 (2) confinement in county jail for a term of not less
1-14 than 72 hours or more than six months.
1-15 (f) If it is shown on the trial of an offense under this
1-16 section that the person has previously been convicted of an offense
1-17 under this section or Section 601.371(a), the offense is a Class A
1-18 misdemeanor. This subsection does not apply to an offense
1-19 punishable under Subsection (g).
1-20 (g) An offense under this section is a state jail felony if
1-21 it is shown on the trial of the offense that the person's driver's
1-22 license was suspended for:
1-23 (1) an offense under Section 49.04, Penal Code, for
1-24 which the person was punished under Section 49.09(b) of that code;
2-1 or
2-2 (2) an offense under Section 49.07 or 49.08 of that
2-3 code.
2-4 (h) [(g)] For purposes of this section, a conviction for an
2-5 offense that involves operation of a motor vehicle after August 31,
2-6 1987, is a final conviction, regardless of whether the sentence for
2-7 the conviction is probated.
2-8 SECTION 2. This Act takes effect September 1, 1999. The
2-9 change in law made by this Act applies only to an offense committed
2-10 on or after September 1, 1999. An offense committed before
2-11 September 1, 1999, is covered by the law in effect when the offense
2-12 was committed, and the former law is continued in effect for that
2-13 purpose. For purposes of this section, an offense was committed
2-14 before September 1, 1999, if any element of the offense occurred
2-15 before that date.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.