79R1306 JD-D

By:  Farabee                                                      H.B. No. 369



A BILL TO BE ENTITLED

AN ACT

relating to the civil and criminal consequences of racing a motor 
vehicle on a public highway in this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 42, Penal Code, is amended by adding 
Section 42.045 to read as follows:
	Sec. 42.045.  RACING ON PUBLIC HIGHWAY.  (a)  In this 
section:        
		(1)  "Drag race" means the operation of:                               
			(A)  two or more motor vehicles from a point 
side-by-side at accelerating speeds in a competitive attempt to 
outdistance each other; or
			(B)  one or more motor vehicles over a common 
selected course, from the same place to the same place, for the 
purpose of comparing the relative speeds or power of acceleration 
of the vehicle or vehicles in a specified distance or time.
		(2)  "Motor vehicle" has the meaning assigned by 
Section 32.34.      
		(3)  "Public highway" has the meanings assigned by 
Section 49.031.   
		(4)  "Race" means the use of one or more motor vehicles 
in an attempt to:
			(A)  outgain or outdistance another vehicle or 
prevent another vehicle from passing;
			(B)  arrive at a given destination ahead of 
another vehicle or vehicles;  or
			(C)  test the physical stamina or endurance of an 
operator over a long-distance driving route.
	(b)  This section applies only to conduct that occurs on a 
public highway in this state.
	(c)  A person may not participate in any manner in:                     
		(1)  a race;                                                           
		(2)  a motor 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.
	(d)  Except as provided by Subsections (e)-(h), an offense 
under Subsection (c) is a Class B misdemeanor.
	(e)  An offense under Subsection (c) is a Class A misdemeanor 
if it is shown on the trial of the offense that the person:
		(1)  has previously been convicted one time of an 
offense under that subsection or under Section 545.420(a), 
Transportation Code, as that law existed before September 1, 2005; 
or
		(2)  at the time of the offense was in violation of 
Section 49.031 or 49.04.
	(f)  An offense under Subsection (c) 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 or under Section 545.420(a), Transportation Code, as 
that law existed before September 1, 2005.
	(g)  An offense under Subsection (c) 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 (c) 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.  Section 521.350(a), Transportation Code, is 
amended to read as follows:
	(a)  A license is automatically suspended on conviction of an 
offense under Section 42.045, Penal Code [545.420(a)].
	SECTION 3.  Section 545.420, Transportation Code, is 
repealed.               
	SECTION 4.  (a)  The changes in law made by this Act apply 
only to an offense committed on or after September 1, 2005.
	(b)  An offense committed before September 1, 2005, 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, 2005, if 
any element of the offense was committed before that date.
	SECTION 5.  This Act takes effect September 1, 2005.