By: Gattis (Senate Sponsor - Wentworth) H.B. No. 1481
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2005, reported
favorably by the following vote: Yeas 5, Nays 0; May 23, 2005,
sent to printer.)
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.
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