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78R3219 KEL-F

By:  Gallegos                                                     S.B. No. 795



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for a corporation or association 
convicted of an offense involving the criminally negligent 
inspection, maintenance, or operation of a commercial motor 
vehicle.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12.51, Penal Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (f) to read 
as follows:
	(b)  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:
		(1)  $20,000 if the offense is a felony of any category;                      
		(2)  $10,000 if the offense is a Class A or Class B 
misdemeanor;            
		(3)  $2,000 if the offense is a Class C misdemeanor;  
[or] 
		(4)  $50,000 if, as a result of an offense classified as 
a felony or Class A misdemeanor, an individual suffers serious 
bodily injury or death;  or
		(5)  $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.
	(c)  In lieu of the fines authorized by Subsections (a), 
(b)(1), (b)(2), [and] (b)(4), and (b)(5), if a court finds that the 
corporation or association gained money or property or caused 
personal injury or death, property damage, or other loss through 
the commission of a felony or Class A or Class B misdemeanor, the 
court may sentence the corporation or association to pay a fine in 
an amount fixed by the court, not to exceed double the amount gained 
or caused by the corporation or association to be lost or damaged, 
whichever is greater.
	(f)  In this section, "commercial motor vehicle" means a 
self-propelled or towed vehicle that is used on a public highway to 
transport cargo if the vehicle or combination of vehicles has a 
gross weight, registered weight, or gross weight rating of more 
than 26,000 pounds.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. 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 subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.