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79R10511 JRJ-D


By:  Coleman                                                      H.B. No. 1255

Substitute the following for H.B. No. 1255:                                   

By:  Phillips                                                 C.S.H.B. No. 1255



A BILL TO BE ENTITLED

AN ACT

relating to an increased penalty for certain privileged parking 
offenses.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.341, Transportation Code, is amended 
to read as follows:
	Sec. 521.341.  REQUIREMENTS FOR AUTOMATIC LICENSE 
SUSPENSION.  Except as provided by Sections 521.344(d)-(i), a 
license is automatically suspended on final conviction of the 
license holder of:
		(1)  an offense under Section 19.05, Penal Code, 
committed as a result of the holder's criminally negligent 
operation of a motor vehicle;
		(2)  an offense under Section 38.04, Penal Code;                              
		(3)  an offense under Section 49.04 or 49.08, Penal 
Code;                   
		(4)  an offense under Section 49.07, Penal Code, if the 
person used a motor vehicle in the commission of the offense;
		(5)  an offense punishable as a felony under the motor 
vehicle laws of this state;
		(6)  an offense under Section 550.021; [or]                  
		(7)  an offense under Section 521.451 or 521.453; or                   
		(8)  an offense under Section 681.011(d) or 
681.0111(b).             
	SECTION 2.  Sections 681.011(d) and (g), Transportation 
Code, are amended to read as follows:
	(d)  A person commits an offense if the person uses [lends] a 
disabled parking placard issued to another [the] person [to a 
person who uses the placard] in violation of this section.  
Notwithstanding Subsections (g)-(k), if a person is convicted of a 
second or subsequent offense under this subsection the offense is a 
Class B misdemeanor.
	(g)  Except as provided by Subsections (d) and (h)-(k), an 
offense under this section is a misdemeanor punishable by a fine of 
not less than $250 or more than $500.
	SECTION 3.  Section 681.0111(c), Transportation Code, is 
amended to read as follows:
	(c)  An offense under Subsection (a) is a Class A 
misdemeanor.  If a person is convicted of a second or subsequent 
[An] offense under Subsection (b), the offense is a Class B [C] 
misdemeanor.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.