BILL ANALYSIS
Senate Research Center H.B. 1481
79R7445 JRJ-D By: Gattis (Wentworth)
Transportation & Homeland Security
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
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.