By: Heflin H.B. No. 3751
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for driving while a driver's license is
invalid.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 521.457(e), Transportation Code, is
amended to read as follows:
       (e)  Except as provided by Subsection (f), [an] first offense
under this section is a Class C misdemeanor punishable by:
             (1)  a fine of not [less] more than $100 [or more than
$500; and
             (2)  confinement in county jail for a term of not less
than 72 hours or more than six months.]
       (f)  If it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense
under this section [or an offense under Section 601.371(a), as that
law existed before September 1, 2003, the offense is a Class A
misdemeanor.], the second offense under this section is a Class B
misdemeanor punishable by:
             (1)  a fine of not less than $100 or more than $500;
             (2)  a confinement in county jail for a term of not less
than 72 hours; or
             (3)  both the fine and confinement.
       (g)  [For purposes of this section, a conviction for an
offense that involves operation of a motor vehicle after August 31,
1987, is a final conviction, regardless of whether the sentence for
the conviction is probated.If it is shown on the trial of an
offense under this section that the person has twice previously
been convicted of an offense under this section, the third or
subsequent offense under this section is a Class A misdemeanor
punishable by:
             (1)  a fine of not less than $200 or more than $500;
             (2)  a confinement in county jail for a term of note
less than 72 hours; and
             (3)  both the fine and confinement.
       SECTION 2.  Section 601.371, Transportation Code is amended
to read as follows:
       (c)  [Except as provided by Subsection (d), an offense under
this section is a misdemeanor punishable by:
             (1)a fine of not less than $100 or more than $500; and
             (2)  confinement in county jail for a term of not less
than 72 hours or more than six months.]
             A first offense under this section is a Class C
misdemeanor punishable by:
             (1)  a fine of not more than $100.
       (d)  If it is shown on the trial of an offense under this
section that the person has been previously convicted of an offense
under this section, the second offense [is punishable as a Class A]
under this section is a Class B misdemeanor punishable by:
             (1)  a fine of not less than $100 or more than $500;
             (2)  a confinement in county jail for a term of not less
than 72 hours; or
             (3)  both the fine and confinement.
       (e)  [In this section, a conviction for an offense that
involves operation of a motor vehicle after August 31, 1987, is a
final conviction, whether the sentence for the conviction is
imposed or probated.] If it is shown on the trial of an offense
under this section that the person has twice previously been
convicted of an offense under this section, the third or subsequent
offense under this section is a Class A misdemeanor punishable by:
             (1)  a fine of not less than $200 or more than $500;
             (2)  a confinement in county jail for a term of less
than 72 hours; and
             (3)  both the fine and confinement.
       SECTION 3.  Section 708.103, Transportation Code is amended
to read as follows:
       (a)  Each year the department shall assess a surcharge on the
license of each person who during the preceding 36-month period has
been convicted of [an] second, third or subsequent offense under
Section 521.457, [601.191,] or 601.371.
       (b)  Each year the department shall assess a surcharge on the
license of each person who during the preceding 36-month period has
been convicted of an offense Section 601.191.
       (c)  The amount of a surcharge under this section is $250 a
year.
       SECTION 4.  The changes in law made by the Act apply only to
an offense committed on or after the effective date of this Act. 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. For purposes of this
section, an offense was committed before the effective date of this
Act is any element of the offense was committed before that date.
       SECTION 5.  This Act takes effect September 1, 2007.