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.