77R9799 MTB-F
By Williams H.B. No. 3330
Substitute the following for H.B. No. 3330:
By Turner of Coleman C.S.H.B. No. 3330
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of certain offenses relating to the
1-3 driving of a motor vehicle while a driver's license or privilege to
1-4 operate a vehicle is invalid.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 521.457(a), (b), and (f), Transportation
1-7 Code, are amended to read as follows:
1-8 (a) A person commits an offense if the person operates a
1-9 motor vehicle on a highway:
1-10 (1) after the person's driver's license has been
1-11 canceled under this chapter if the person does not have a license
1-12 that was subsequently issued under this chapter;
1-13 (2) during a period that the person's driver's license
1-14 or privilege is suspended or revoked under any law of this state[:]
1-15 [(A) this chapter;]
1-16 [(B) Chapter 524;]
1-17 [(C) Chapter 724;]
1-18 [(D) Section 106.071, Alcoholic Beverage Code;
1-19 or]
1-20 [(E) Article 42.12, Code of Criminal Procedure];
1-21 (3) while the person's driver's license is expired if
1-22 the license expired during a period of suspension [imposed under:]
1-23 [(A) this chapter;]
1-24 [(B) Chapter 524;]
2-1 [(C) Chapter 724;]
2-2 [(D) Section 106.071, Alcoholic Beverage Code;
2-3 or]
2-4 [(E) Article 42.12, Code of Criminal Procedure];
2-5 or
2-6 (4) after renewal of the person's driver's license has
2-7 been denied under any law of this state [Chapter 706], if the
2-8 person does not have a driver's license subsequently issued under
2-9 this chapter.
2-10 (b) A person commits an offense if the person is the subject
2-11 of an order issued under any law of this state [chapter or Chapter
2-12 724] that prohibits the person from obtaining a driver's license
2-13 and the person operates a motor vehicle on a highway.
2-14 (f) If it is shown on the trial of an offense under this
2-15 section that the person has previously been convicted of an offense
2-16 under this section or an offense under Section 601.371(a), as that
2-17 law existed before September 1, 2001, the offense is a Class A
2-18 misdemeanor.
2-19 SECTION 2. Section 601.371, Transportation Code, is amended
2-20 to read as follows:
2-21 Sec. 601.371. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
2-22 SUSPENSION; OFFENSE. (a) [A person commits an offense if the
2-23 person operates a motor vehicle on a highway:]
2-24 [(1) during a period that a suspension of the person's
2-25 driver's license or nonresident's operating privilege is in effect
2-26 under this chapter; or]
2-27 [(2) while the person's driver's license is expired,
3-1 if the license expired during a period of suspension imposed under
3-2 this chapter.]
3-3 [(b)] A person commits an offense if the person, during a
3-4 period that a suspension of the person's vehicle registration is in
3-5 effect under this chapter, knowingly permits a motor vehicle owned
3-6 by the person to be operated on a highway.
3-7 (b) [(c)] It is an affirmative defense to prosecution under
3-8 this section that the person had not received notice of a
3-9 suspension order concerning the person's [driver's license,
3-10 nonresident's operating privilege, or] vehicle registration. For
3-11 purposes of this subsection, notice is presumed to be received if
3-12 the notice was mailed in accordance with this chapter to the last
3-13 known address of the person as shown by department records.
3-14 (c) [(d)] Except as provided by Subsection (d) [(e)], an
3-15 offense under this section is a misdemeanor punishable by:
3-16 (1) a fine of not less than $100 or more than $500;
3-17 and
3-18 (2) confinement in county jail for a term of not less
3-19 than 72 hours or more than six months.
3-20 (d) [(e)] If it is shown on the trial of an offense under
3-21 this section that the person has previously been convicted of an
3-22 offense under this section [or under Section 521.457], the offense
3-23 is punishable as a Class A misdemeanor.
3-24 (e) [(f)] In this section, a conviction for an offense that
3-25 involves operation of a motor vehicle after August 31, 1987, is a
3-26 final conviction, whether the sentence for the conviction is
3-27 imposed or probated.
4-1 SECTION 3. (a) The change in law made by this Act applies
4-2 only to an offense committed on or after the effective date of this
4-3 Act. For purposes of this section, an offense was committed before
4-4 the effective date of this Act if any element of the offense
4-5 occurred before that date.
4-6 (b) An offense committed before the effective date of this
4-7 Act is covered by the law in effect when the offense was committed,
4-8 and the former law is continued in effect for that purpose.
4-9 SECTION 4. This Act takes effect September 1, 2001.