Amend HB 63 by adding the following appropriately numbered
sections and renumbering the sections of the bill accordingly:
SECTION ___. Sections 521.457(a), (b), and (f),
Transportation Code, are amended to read as follows:
(a) A person commits an offense if the person operates a
motor vehicle on a highway:
(1) after the person's driver's license has been
canceled under this chapter if the person does not have a license
that was subsequently issued under this chapter;
(2) during a period that the person's driver's license
or privilege is suspended or revoked under any law of this state<:>
<(A) this chapter;>
<(B) Chapter 524;>
<(C) Chapter 724;>
<(D) Section 106.071, Alcoholic Beverage Code;
or>
<(E) Article 42.12, Code of Criminal Procedure>;
(3) while the person's driver's license is expired if
the license expired during a period of suspension <imposed under:>
<(A) this chapter;>
<(B) Chapter 524;>
<(C) Chapter 724;>
<(D) Section 106.071, Alcoholic Beverage Code;
or>
<(E) Article 42.12, Code of Criminal Procedure>;
or
(4) after renewal of the person's driver's license has
been denied under any law of this state <Chapter 706>, if the
person does not have a driver's license subsequently issued under
this chapter.
(b) A person commits an offense if the person is the subject
of an order issued under any law of this state <chapter or Chapter
724> that prohibits the person from obtaining a driver's license
and the person operates a motor vehicle on a highway.
(f) If it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense
under this section or an offense under Section 601.371(a), as that
law existed before September 1, 2001, the offense is a Class A
misdemeanor.
SECTION ___. Section 601.371, Transportation Code, is amended
to read as follows:
Sec. 601.371. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
SUSPENSION; OFFENSE. (a) <A person commits an offense if the
person operates a motor vehicle on a highway:>
<(1) during a period that a suspension of the person's
driver's license or nonresident's operating privilege is in effect
under this chapter; or>
<(2) while the person's driver's license is expired,
if the license expired during a period of suspension imposed under
this chapter.>
<(b)> A person commits an offense if the person, during a
period that a suspension of the person's vehicle registration is in
effect under this chapter, knowingly permits a motor vehicle owned
by the person to be operated on a highway.
(b) <(c)> It is an affirmative defense to prosecution under
this section that the person had not received notice of a
suspension order concerning the person's <driver's license,
nonresident's operating privilege, or> vehicle registration. For
purposes of this subsection, notice is presumed to be received if
the notice was mailed in accordance with this chapter to the last
known address of the person as shown by department records.
(c) <(d)> Except as provided by Subsection (d) <(e)>, an
offense under this section is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500;
and
(2) confinement in county jail for a term of not less
than 72 hours or more than six months.
(d) <(e)> If it is shown on the trial of an offense under
this section that the person has previously been convicted of an
offense under this section <or under Section 521.457>, the offense
is punishable as a Class A misdemeanor.
(e) <(f)> In this section, a conviction for an offense that
involves operation of a motor vehicle after August 31, 1987, is a
final conviction, whether the sentence for the conviction is
imposed or probated.
SECTION ___. (a) The change in law made by this Act by the
amendment of Sections 521.457 and 601.371, Transportation Code,
applies only to an offense committed on or after the effective date
of this Act. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.