SRC-TJG S.B. 582 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 582
78R5313 MTB-FBy: Williams
Criminal Justice
4/22/2003
As Filed


DIGEST AND PURPOSE 

Currently, certain types of suspensions are excluded from Driving While
License Suspended/Invalid (DWLS/DWLI) prosecution.  As proposed, S.B. 582
replaces specific references to each section of the law with a general
statement to include all suspensions, revocations, cancellations, denials,
or probations.  This bill also combines the charges of DWLS/DWLI into one
charge under Chapter 521, Transportation Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 521.457(a), (b), and (f), Transportation Code,
as follows: 

(a)  Provides for the consolidation of certain offenses relating to the
driving of a motor vehicle while a driver's license or privilege to
operate a motor vehicle is invalid.  Makes conforming changes. 

(b) Makes a conforming change.

(f) Provides that if it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense under
this section or an offense under Section 601.371(a), as that law existed
before September 1, 2003, the offense is a Class A misdemeanor. 

SECTION 2.  Amends Section 601.371, Transportation Code, to delete
existing Subdivision (a) relating to a person committing an offense if a
person operates a motor vehicle on a highway under certain conditions.
Deletes existing text "driver's license, nonresident's operating
privilege" relating to a person not receiving certain information as an
affirmative defense to prosecution under this section.  Deletes existing
text "under Section 521.457" relating to prior convictions of a person on
trial for an offense under this section.  Redesignates existing
Subdivisions (b)-(f) as (a)-(e). 

SECTION 3.  Makes application of this Act prospective

SECTION 4.  Effective date: September 1, 2003.