77R12671 E                           
         By Martinez Fischer                                   H.B. No. 3358
         Substitute the following for H.B. No. 3358:
         By Dunnam                                         C.S.H.B. No. 3358
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creation of the offense of aggressive driving.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subchapter I, Chapter 545, Transportation Code, is
 1-5     amended by adding Section 545.4011 to read as follows:
 1-6           Sec. 545.4011.  AGGRESSIVE DRIVING. (a)  A person commits an
 1-7     offense if as an operator, the person:
 1-8                 (1)  drives a vehicle in a manner in violation of law
 1-9     with intent to harass, annoy, or alarm another person, including an
1-10     occupant of another vehicle;
1-11                 (2)  displays to an occupant of another vehicle what
1-12     reasonably appears to be a deadly weapon, as defined by Section
1-13     1.07(a)(17)(A), Penal Code, with intent to harass, annoy, or alarm
1-14     the other person; or
1-15                 (3)  intentionally causes the person's vehicle to
1-16     collide with another vehicle with intent to harass, annoy, or alarm
1-17     an occupant of the other vehicle.
1-18           (b)  Except as provided by Subsection (c), an offense under
1-19     this section is a Class B misdemeanor.
1-20           (c)  An offense under Subsection (a) is a felony of the
1-21     second degree if the offense results in serious bodily injury or
1-22     death.
1-23           (d)  Notwithstanding Section 542.001, this section applies
1-24     to:
 2-1                 (1)  a private access way or parking area provided for
 2-2     a client or patron by a business, other than a private residential
 2-3     property or the property of a garage or parking lot for which a
 2-4     charge is made for the storing or parking of motor vehicles; and
 2-5                 (2)  a highway or other public place.
 2-6           (e)  If conduct constituting an offense under this section
 2-7     also constitutes an offense under another section of this code or
 2-8     the Penal Code, the actor may be prosecuted under either section or
 2-9     under both sections.
2-10           (f)  A judge, acting under Article 42.12, Code of Criminal
2-11     Procedure, who elects to place a defendant accused of a violation
2-12     of this section on community supervision under that article may
2-13     require the defendant to attend and present proof that the
2-14     defendant successfully completed an educational program developed
2-15     and implemented by the department to:
2-16                 (1)  discourage aggressive driving; and
2-17                 (2)  emphasize the requirements of this section and the
2-18     penalty for noncompliance.
2-19           SECTION 2. This Act takes effect September 1, 2001.