80R7423 JD-F
 
  By: Martinez Fischer H.B. No. 1798
 
  Substitute the following for H.B. No. 1798:
 
  By:  Murphy C.S.H.B. No. 1798
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of driving a motor vehicle on
certain designated right-of-way of a metropolitan rapid transit
authority.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 451, Transportation Code,
is amended by adding Section 451.113 to read as follows:
       Sec. 451.113.  DRIVING ON CERTAIN AUTHORITY RIGHT-OF-WAY;
PENALTY. (a) A person commits an offense if, as the operator of a
motor vehicle, the person drives on a designated right-of-way of an
authority that is used in connection with a motor bus rapid transit
system.
       (b)  It is an exception to the application of Subsection (a)
that the person:
             (1)  was driving a motor vehicle owned or under the
control of the authority and was authorized to drive the vehicle on
the designated right-of-way; or
             (2)  was driving an authorized emergency vehicle, as
defined by Section 541.201, and responding to a call.
       (c)  Subsection (a) may be enforced by any peace officer
listed in Article 2.12, Code of Criminal Procedure, in whose
jurisdiction the offense is committed.
       (d)  An offense under this section is a Class C misdemeanor.
       SECTION 2.  This Act takes effect September 1, 2007.