78R4302 DWS-D

By:  Martinez Fischer                                             H.B. No. 733



A BILL TO BE ENTITLED

AN ACT

relating to certain traffic offenses committed in a construction or 
maintenance work zone.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 472.022(d) and (f), Transportation 
Code, are amended to read as follows:
	(d)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $1 or more than $200, except 
that if the offense is committed in a construction or maintenance 
work zone [when workers are present and any written notice to appear 
issued for the offense states on its face that workers were present 
when the offense was committed], the offense is a misdemeanor 
punishable by a fine of not less than $2 or more than $400.
	(f)  Articles 45.051 and 45.0511 [Article 45.54], Code of 
Criminal Procedure, do [does] not apply to an offense under this 
section committed in a construction or maintenance work zone [when 
workers are present].
	SECTION 2.  Section 542.404(a), Transportation Code, is 
amended to read as follows:
	(a)  If an offense under this subtitle, other than an offense 
under Chapter 548 or 552 or Section 545.412 or 545.413, is committed 
in a construction or maintenance work zone [when workers are 
present and any written notice to appear issued for the offense 
states on its face that workers were present when the offense was 
committed]:
		(1)  the minimum fine applicable to the offense is 
twice the minimum fine that would be applicable to the offense if it 
were committed outside a construction or maintenance work zone;  
and
		(2)  the maximum fine applicable to the offense is 
twice the maximum fine that would be applicable to the offense if it 
were committed outside a construction or maintenance work zone.
	SECTION 3.  Section 729.004(b), Transportation Code, is 
amended to read as follows:
	(b)  If an offense to which this section applies is committed 
in a construction or maintenance work zone [when workers are 
present and any written notice to appear issued for the offense 
states on its face that workers were present when the offense was 
committed]:
		(1)  the minimum fine applicable to the offense is 
twice the minimum fine that would be applicable to the offense if it 
were committed outside a construction or maintenance work zone;  
and
		(2)  the maximum fine applicable to the offense is 
twice the maximum fine that would be applicable to the offense if it 
were committed outside a construction or maintenance work zone.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.