SRC-TAG S.B. 795 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 795
78R3219 KEL-FBy: Gallegos
Criminal Justice
5/5/2003
As Filed


DIGEST AND PURPOSE 

Current law does not penalize corporations or associations that employ
commercial motor vehicle drivers who commit criminally negligent homicide
due to the failure to properly inspect, maintain, or operate a commercial
motor vehicle.  According to the Federal Motor Carrier Safety
Administration, in 2000, 5,307 Americans died and an estimated 145,000
were injured in traffic crashes involving large trucks.  As proposed, S.B.
795 allows for penalty of up to $100,000 against those corporations or
associations adjudged to have committed criminally negligent homicide in
the operation of commercial motor vehicle.  

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 Section 12.51, Penal Code, by amending Subsections (b)
and (c) and adding Subsection (f), as follows: 

(b)  Provides that if a corporation or association is adjudged guilty of
an offense that provides a penalty including imprisonment, or that
provides no specific penalty, a court may sentence the corporation or
association to pay a fine in an amount fixed by the court, not to exceed
$100,000 if, as a result of criminally negligent conduct involving the
inspection, maintenance, or operation of a commercial motor vehicle, an
individual suffers death.  Make a conforming change. 

 (c)  Makes a conforming change.

 (f)  Defines "commercial motor vehicle."

SECTION 2.  (a)  Effective date: September 1, 2003.

 (b)  Makes application of this Act prospective.