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  80R7380 T
 
  By: Martinez Fischer H.B. No. 1798
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to restricted access to metropolitan transit authority
right of way; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.072 to read as follows:
       Sec. 451.072.  RESTRICTED ACCESS; RIGHT OF WAY.  (a)  An
operator of a motor vehicle may not drive on the right of way
established by an authority.
       (b)  An offense under this section is a misdemeanor
punishable by:
             (1)  a fine not to exceed $200;
             (2)  confinement in county jail for not more than 30
days; or
             (3)  both the fine and the confinement.
       (c)  A limitation in this section on driving on the right of
way established by an authority does not apply to:
             (1)  an emergency vehicle responding to a call; or
             (2)  a vehicle maintained by an authority.
       (d)  This section shall be enforced by a commissioned peace
officer acting in his or her jurisdiction.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.