By Dunnam                                             H.B. No. 1854
         77R5729 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for operation of a motor vehicle by a
 1-3     person who does not hold a driver's license.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 521.021, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 521.021.  LICENSE REQUIRED.  (a)  A person, other than a
 1-8     person expressly exempted under this chapter, may not operate a
 1-9     motor vehicle on a highway in this state unless the person holds a
1-10     driver's license issued under this chapter.
1-11           (b)  If it is shown on the trial of an offense under this
1-12     section that, within the year preceding the date of the offense for
1-13     which the defendant is being tried, the defendant was convicted of
1-14     an offense for which the defendant's driver's license could have
1-15     been suspended, instead of the penalty provided by Section 521.461
1-16     the offense is a misdemeanor punishable by:
1-17                 (1)  a fine of not less than $100 or more than $500;
1-18                 (2)  confinement in county jail for a term of not less
1-19     than 72 hours or more than six months; or
1-20                 (3)  both the fine and the confinement.
1-21           SECTION 2.  (a)  This Act takes effect September 1, 2001, and
1-22     applies only to the punishment for an offense occurring on or after
1-23     that date.  For the purposes of this section, an offense is
1-24     committed before the effective date of this Act if any element of
 2-1     the offense occurs before that date.
 2-2           (b)  Punishment for an offense committed before the effective
 2-3     date of this Act is governed by the law in effect when the offense
 2-4     was committed, and the former law is continued in effect for that
 2-5     purpose.