BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1481

79R7445 JRJ-D                                                                                            By: Gattis (Wentworth)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The goal of H.B. 1481 is to promote traffic safety. Nearly half of all flood-related deaths occur in vehicles, and are preventable if motorists would obey barricades placed to prevent driving into flooded low-water crossings.  H.B. 1481 strengthens and clarifies current law by stating that it is an offense to drive around a barricade and adding the term "dangerous conditions." The bill makes driving around a low water barricade a Class B misdemeanor to deter commission of the offense and allow a judge to order restitution for the expenditure of taxpayer monies in summoning rescue personnel to the scene. Currently, the offense is a Class C misdemeanor and violations are typically heard by a justice of the peace; however, justice courts do not have the authority to order restitution. By elevating the offense to a Class B misdemeanor, jurisdiction moves to a county court at law or a district court which has the legal authority to order restitution.

 

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 the heading to Section 472.022, Transportation Code, to read as follows:

 

Sec.  472.022.  OBEYING WARNING SIGNS AND BARRICADES.

 

SECTION 2.  Amends Sections 477.022(a), (d), and (e), Transportation Code, as follows:

 

(a)  Provides that a person commits an offense if the person drives around a barricade.  Makes conforming changes.

 

(d)  Provides that an offense under this section is a misdemeanor punishable by a fine of not less than $1 or more than $200, except that if a person commits an offense under Subsection (a) where a warning sign or barricade has been placed because water is over any portion of a road, street, or highway, the offense is a Class B misdemeanor.

 

(e)  Redefines "barricade" and "warning sign."

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date:  September 1, 2005.