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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal consequences of riding on a coasting |
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motor vehicle without an operator; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4065 to read as follows: |
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Sec. 545.4065. RIDING ON COASTING MOTOR VEHICLE WITHOUT AN |
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OPERATOR; OFFENSE. (a) A person may not ride on the exterior of a |
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motor vehicle that: |
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(1) is coasting with the gears or transmission of the |
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vehicle in neutral; and |
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(2) does not have a person seated behind the steering |
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wheel operating the vehicle. |
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(b) A person who violates Subsection (a) commits an offense. |
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Except as provided by Subsections (c)-(f), an offense under this |
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subsection is a Class B misdemeanor. |
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(c) An offense under Subsection (b) is a Class A misdemeanor |
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if it is shown on the trial of the offense that: |
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(1) the person has previously been convicted one time |
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of an offense under that subsection; or |
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(2) the person, at the time of the offense: |
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(A) was operating the vehicle while intoxicated, |
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as defined by Section 49.01, Penal Code; or |
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(B) was in possession of an open container, as |
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defined by Section 49.031, Penal Code. |
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(d) An offense under Subsection (b) is a state jail felony |
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if it is shown on the trial of the offense that the person has |
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previously been convicted two times of an offense under that |
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subsection. |
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(e) An offense under Subsection (b) is a felony of the third |
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degree if it is shown on the trial of the offense that as a result of |
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the offense, an individual suffered bodily injury. |
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(f) An offense under Subsection (b) is a felony of the |
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second degree if it is shown on the trial of the offense that as a |
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result of the offense, an individual suffered serious bodily injury |
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or death. |
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SECTION 2. Subchapter O, Chapter 521, Transportation Code, |
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is amended by adding Section 521.352 to read as follows: |
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Sec. 521.352. SUSPENSION FOR OFFENSE RELATING TO RIDING ON |
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COASTING MOTOR VEHICLE WITHOUT AN OPERATOR. (a) A license is |
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automatically suspended on conviction of an offense under Section |
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545.4065(b). |
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(b) A suspension under this section is for one year, except |
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as provided by this section. |
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(c) A person whose license is suspended under Subsection (a) |
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remains eligible to receive an occupational license under |
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Subchapter L, except that an occupational license issued to a |
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person younger than 18 years of age whose license is suspended under |
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this section may permit the operation of a motor vehicle only for |
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transportation to and from an educational facility in which the |
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person is enrolled and the place where the person resides. |
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(d) A person whose license is suspended under Subsection (a) |
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shall be required by the court in which the person was convicted to |
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successfully complete, before the first anniversary of the date of |
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conviction, an educational program, approved by the Texas Education |
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Agency under rules adopted by that agency and the department, that |
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is designed to educate persons on the dangers of riding on a |
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coasting motor vehicle without an operator. If the person is a |
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resident of this state without a driver's license to operate a motor |
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vehicle, the court shall issue an order prohibiting the department |
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from issuing the person a driver's license before the person |
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successfully completes such an educational program. |
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(e) The Texas Education Agency and department shall jointly |
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adopt rules for the qualification and approval of providers of |
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educational programs under Subsection (d). The Texas Education |
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Agency shall publish the jointly adopted rules. To be approved, an |
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educational program must include a minimum of 100 hours of formal |
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classroom instruction and focus on the dangers of riding on a |
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coasting motor vehicle without an operator. |
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(f) If a person required to attend an educational program |
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completes the program before the end of the person's license |
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suspension, the person may apply to the department for |
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reinstatement of the person's license or the issuance of a new |
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license. The application must include proof satisfactory to the |
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department that the person has successfully completed the program. |
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(g) If a person whose license is suspended under this |
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section is subsequently convicted of an offense under Section |
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521.457(a) during the period of license suspension, in addition to |
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the penalties provided by Section 521.457, the department shall |
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revoke the person's license until the first anniversary of the date |
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of conviction and may not reinstate the person's license or issue |
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the person a new license before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |