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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for driving while a driver's license is |
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invalid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.457(e), Transportation Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f), [an] first offense |
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under this section is a Class C misdemeanor punishable by: |
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(1) a fine of not [less] more than $100 [or more than
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$500; and
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(2) confinement in county jail for a term of not less
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than 72 hours or more than six months.] |
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(f) If it is shown on the trial of an offense under this |
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section that the person has previously been convicted of an offense |
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under this section [or an offense under Section 601.371(a), as that
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law existed before September 1, 2003, the offense is a Class A
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misdemeanor.], the second offense under this section is a Class B |
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misdemeanor punishable by: |
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(1) a fine of not less than $100 or more than $500; |
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(2) a confinement in county jail for a term of not less |
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than 72 hours; or |
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(3) both the fine and confinement. |
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(g) [For purposes of this section, a conviction for an
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offense that involves operation of a motor vehicle after August 31,
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1987, is a final conviction, regardless of whether the sentence for
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the conviction is probated.] If it is shown on the trial of an |
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offense under this section that the person has twice previously |
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been convicted of an offense under this section, the third or |
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subsequent offense under this section is a Class A misdemeanor |
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punishable by: |
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(1) a fine of not less than $200 or more than $500; |
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(2) a confinement in county jail for a term of note |
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less than 72 hours; and |
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(3) both the fine and confinement. |
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SECTION 2. Section 601.371, Transportation Code is amended |
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to read as follows: |
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(c) [Except as provided by Subsection (d), an offense under
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this section is a misdemeanor punishable by:
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(1)a fine of not less than $100 or more than $500; and
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(2) confinement in county jail for a term of not less
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than 72 hours or more than six months.] |
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A first offense under this section is a Class C |
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misdemeanor punishable by: |
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(1) a fine of not more than $100. |
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(d) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted of an offense |
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under this section, the second offense [is punishable as a Class A] |
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under this section is a Class B misdemeanor punishable by: |
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(1) a fine of not less than $100 or more than $500; |
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(2) a confinement in county jail for a term of not less |
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than 72 hours; or |
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(3) both the fine and confinement. |
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(e) [In this section, a conviction for an offense that
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involves operation of a motor vehicle after August 31, 1987, is a
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final conviction, whether the sentence for the conviction is
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imposed or probated.] If it is shown on the trial of an offense |
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under this section that the person has twice previously been |
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convicted of an offense under this section, the third or subsequent |
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offense under this section is a Class A misdemeanor punishable by: |
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(1) a fine of not less than $200 or more than $500; |
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(2) a confinement in county jail for a term of less |
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than 72 hours; and |
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(3) both the fine and confinement. |
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SECTION 3. Section 708.103, Transportation Code is amended |
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to read as follows: |
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(a) Each year the department shall assess a surcharge on the |
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license of each person who during the preceding 36-month period has |
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been convicted of [an] second, third or subsequent offense under |
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Section 521.457, [601.191,] or 601.371. |
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(b) Each year the department shall assess a surcharge on the |
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license of each person who during the preceding 36-month period has |
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been convicted of an offense Section 601.191. |
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(c) The amount of a surcharge under this section is $250 a |
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year. |
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SECTION 4. The changes in law made by the Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act is any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |