79R7445 JRJ-D

By:  Gattis                                                       H.B. No. 1481


A BILL TO BE ENTITLED
AN ACT
relating to the offense of disobeying certain motor vehicle traffic warning devices. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 472.022, Transportation Code, is amended to read as follows: Sec. 472.022. OBEYING WARNING SIGNS AND BARRICADES. SECTION 2. Sections 472.022(a), (d), and (e), Transportation Code, are amended to read as follows: (a) A person commits an offense if the person: (1) disobeys the instructions, signals, warnings, or markings of a warning sign; or (2) drives around a barricade. (d) An offense under this section is a misdemeanor punishable by a fine of not less than $1 or more than $200, except that: (1) if the offense is committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed, the offense is a misdemeanor punishable by a fine of not less than $2 or more than $400; or (2) 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) In this section: (1) "Barricade" means an obstruction: (A) placed on or across a road, street, or highway of this state by the department, a political subdivision of this state, or a contractor or subcontractor constructing or repairing the road, street, or highway under authorization of the department or a political subdivision of this state; and (B) placed to prevent the passage of motor vehicles over the road, street, or highway during construction, [or] repair, or dangerous conditions. (2) "Construction or maintenance work zone" means a portion of a highway or street: (A) where highway construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices; and (B) that is marked by signs: (i) indicating that it is a construction or maintenance work zone; (ii) indicating where the zone begins and ends; and (iii) stating: "Fines double when workers present." (3) "Warning sign" means a signal, marking, or device placed on a barricade or on a road, street, or highway during [under] construction, [or] repair, or dangerous conditions by the department, a political subdivision of this state, or a contractor or subcontractor to warn or regulate motor vehicular traffic. The term includes a flagger deployed on a road, street, or highway by the department, a political subdivision of this state, or a contractor or subcontractor to direct traffic around or on the road, street, or highway during [under] construction, [or] repair, or dangerous conditions. SECTION 3. (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 4. This Act takes effect September 1, 2005.