78(R) HB 1326 - House Committee Report version


                                                                                
78R4962 JD-D


By:  Martinez Fischer, Driver, Keel                               H.B. No. 1326



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 adding Subsections (c)-(h) to read as follows:
	(c)  A person who knowingly attends as a spectator a race, 
competition, contest, test, or exhibition described by Subsection 
(a) commits an offense.  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 
successfully complete, before the first anniversary of the date of 
conviction, an educational program, approved by the Texas Education 
Agency under rules adopted by that agency and the department, that 
is designed to educate persons on the dangers of motor vehicle 
racing on public highways and streets.  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 
successfully completes such an educational program.
	(e)  The Texas Education Agency and department shall jointly 
adopt rules for the qualification and approval of providers of 
educational programs under Subsection (d).  The Texas Education 
Agency shall publish the jointly adopted rules.  To be approved, an  
educational program must include a minimum of 100 hours of formal 
classroom instruction and focus on the dangers of speeding and of 
aggressive driving.
	(f)  If a person required to attend an educational program  
completes the program 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 successfully completed the program.
	(g)  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.