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A BILL TO BE ENTITLED
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AN ACT
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relating to operating a motor vehicle without establishing |
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financial responsibility; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.341, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE |
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SUSPENSION. Except as provided by Sections 521.344(d)-(i), a |
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license is automatically suspended on final conviction of the |
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license holder of: |
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(1) an offense under Section 19.05, Penal Code, |
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committed as a result of the holder's criminally negligent |
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operation of a motor vehicle; |
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(2) an offense under Section 38.04, Penal Code, if the |
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holder used a motor vehicle in the commission of the offense; |
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(3) an offense under Section 49.04 or 49.08, Penal |
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Code; |
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(4) an offense under Section 49.07, Penal Code, if the |
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holder used a motor vehicle in the commission of the offense; |
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(5) an offense punishable as a felony under the motor |
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vehicle laws of this state; |
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(6) an offense under Section 550.021; [or] |
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(7) an offense under Section 521.451 or 521.453; or |
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(8) an offense under Section 601.191(d). |
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SECTION 2. Section 601.191, Transportation Code, is amended |
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by amending Subsections (c) and (d) and adding Subsection (e) to |
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read as follows: |
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(c) If a person has been previously convicted of an offense |
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under this section, a second [an] offense under this section is a |
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misdemeanor punishable by a fine of not less than $500 [$350] or |
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more than $1,500 [$1,000]. The court may order the suspension of the |
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driver's license of a person convicted under this subsection for a |
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period not to exceed 180 days from the date of final conviction. |
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(d) If a person has been previously convicted of an offense |
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under this section, a third or subsequent offense under this |
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section is a misdemeanor punishable by a fine of not less than $750 |
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or more than $1,500 [the court determines that a person who has not
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been previously convicted of an offense under this section is
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economically unable to pay the fine, the court may reduce the fine
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to less than $175]. |
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(e) The court may dismiss a charge of an offense under this |
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section involving a violation of Section 601.051 if the defendant |
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presents proof satisfactory to the court that the defendant |
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remedied the defect within 20 working days after the date of the |
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offense or before the defendant's first court appearance date, |
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whichever is later. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |