By: Martinez Fischer, Driver, Keel, Hope, H.B. No. 1326
Castro
A BILL TO BE ENTITLED
AN ACT
relating to the civil and criminal consequences of racing a motor
vehicle on a public highway or street and of being a spectator at an
illegal motor vehicle racing event; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.420, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (c)-(h) to read
as follows:
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(c) A person commits an offense if, after traveling to a
location with the intent of being a spectator, the person attends as
a spectator a race, competition, contest, test, or exhibition
prohibited by Subsection (a). An offense under this subsection is a
Class C misdemeanor.
(d) Except as provided by Subsections (e)-(h), an offense
under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time
of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated,
as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as
defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony
if it is shown on the trial of the offense that the person has
previously been convicted two times of an offense under that
subsection.
(g) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that as a result of
the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the
second degree if it is shown on the trial of the offense that as a
result of the offense, an individual suffered serious bodily injury
or death.
SECTION 2. Subchapter O, Chapter 521, Transportation Code,
is amended by adding Section 521.350 to read as follows:
Sec. 521.350. SUSPENSION FOR OFFENSE RELATING TO RACING OF
MOTOR VEHICLE ON PUBLIC HIGHWAY OR STREET. (a) A license is
automatically suspended on conviction of an offense under Section
545.420(a).
(b) A suspension under this section is for one year, except
as provided by this section.
(c) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational license under
Subchapter L, except that an occupational license issued to a
person younger than 18 years of age whose license is suspended under
this section may permit the operation of a motor vehicle only for
transportation to and from an educational facility in which the
person is enrolled and the place where the person resides.
(d) A person whose license is suspended under Subsection (a)
shall be required by the court in which the person was convicted to
perform at least 100 hours of community service as ordered by the
court. If the person is a resident of this state without a driver's
license to operate a motor vehicle, the court shall issue an order
prohibiting the department from issuing the person a driver's
license before the person completes the community service.
Community service required under this subsection is in addition to
any community service required of the person as a condition of
community supervision under Section 16, Article 42.12, Code of
Criminal Procedure.
(e) If a person who is required to perform community service
under Subsection (d) completes that community service before the
end of the person's license suspension, the person may apply to the
department for reinstatement of the person's license or the
issuance of a new license. The application must include proof
satisfactory to the department that the person has performed the
community service.
(f) If a person whose license is suspended under this
section is subsequently convicted of an offense under Section
521.457(a) during the period of license suspension, in addition to
the penalties provided by Section 521.457, the department shall
revoke the person's license until the first anniversary of the date
of conviction and may not reinstate the person's license or issue
the person a new license before that date.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act apply only to an
offense committed on or after September 1, 2003.
(c) An offense committed before September 1, 2003, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2003, if
any element of the offense was committed before that date.