H.B. 1326 78(R)    BILL ANALYSIS


H.B. 1326
By: Martinez Fischer
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Existing law prohibits racing and the exhibition of speed and provides a
misdemeanor penalty with a maximum fine of $200.  It is the opinion of
many Texas cities, some of which have attempted to address this problem
through education campaigns and enforcement of existing laws, that
increasing the penalty for racing will be more effective in decreasing
this behavior. House Bill 1326 increases the penalty for racing to a Class
B misdemeanor, allows for the citation of spectators, requires driver's
license suspensions, and compels a person convicted of racing to complete
an educational program to be developed by the Texas Education Agency. 

            
RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Education Agency and the Texas Department of Public
Safety under SECTION 2 (Section 521.350, Transportation Code) of this
bill. 
      

ANALYSIS

SECTION 1.  House Bill 1326 amends the Transportation Code to include the
following penalties for racing: 

 _Attending a race as a spectator-Class C misdemeanor
 _First offense of racing-Class B misdemeanor
 _Second offense-Class A misdemeanor
 _Third offense-State jail felony
 _Offender driving while intoxicated or in possession of an open container
at the time of the offense-Class A misdemeanor 
 _Offense results in bodily injury-Third degree felony
 _Offense results in serious bodily injury or death-Second degree felony

SECTION 2.   A license is automatically suspended for one year for a
person convicted of racing, except that:  

_An offender remains eligible to receive an occupational license; an
occupational license may only be issued to an offender under 18 years of
age to go between school and home. 
_An offender who successfully completes the educational program required
before the one-year suspension is complete may apply for a reinstatement
of the license. 
_The department may not issue a license to a person who is a resident of
this state and has not yet been issued a license before completion of the
educational program. 
_If a person is convicted for driving without a valid license during the
period of his or her suspension, the department shall revoke that person's
license until the first anniversary of the date of the conviction and may
not reinstate the license or issue a new license before that date. 
 
            A person who is convicted under this section shall be required
by the court to complete an educational program before the first
anniversary of his or her conviction.  The program will be designed to
educate the offender on the dangers of racing on public  streets and
highways and requires approval by the Texas Education Agency (TEA) under
rules adopted by that agency and the Department of Public Safety (DPS).
The bill provides rulemaking authority to TEA and DPS to jointly adopt
rules for qualification and approval of providers of educational programs
under this section.  The bill requires that a program include at least 100
hours of classroom instruction in order to be approved. 


EFFECTIVE DATE

This Act takes effect September 1, 2003.