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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil and criminal consequences of racing a motor |
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vehicle on a highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.350, Transportation Code, is amended |
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by amending Subsections (b) and (d) and adding Subsection (e-1) to |
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read as follows: |
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(b) Except as provided by this section, a [A] suspension |
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under this section is: |
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(1) for one year, on conviction of a first offense; or |
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(2) for two years, on conviction of any subsequent |
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offense [except as provided by this section]. |
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(d) A person whose license is suspended under Subsection (a) |
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shall be required by the court in which the person was convicted to |
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perform at least 20 [10] hours of community service as ordered by |
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the court. If the person is a resident of this state without a |
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driver's license to operate a motor vehicle, the court shall issue |
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an order prohibiting the department from issuing the person a |
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driver's license before the person completes the community service. |
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Community service required under this subsection is in addition to |
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any community service required of the person as a condition of |
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community supervision under Section 16, Article 42.12, Code of |
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Criminal Procedure. |
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(e-1) A person whose license is suspended under Subsection |
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(a) shall be required by the court in which the person was convicted |
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to complete a driving safety course approved by the Texas Education |
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Agency under Chapter 1001, Education Code. |
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SECTION 2. Section 545.420, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (i) and (j) to |
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read as follows: |
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(a) A person may not participate as a driver, race starter, |
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or in any other capacity [manner] in: |
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(1) a race; |
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(2) a vehicle speed competition or contest; |
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(3) a drag race or acceleration contest; |
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(4) a test of physical endurance of the operator of a |
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vehicle; or |
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(5) in connection with a drag race, an exhibition of |
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vehicle speed or acceleration or to make a vehicle speed record. |
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(i) A peace officer may require a vehicle used in the |
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commission of an offense under this section be taken to the nearest |
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garage or to a garage designated or maintained by the governmental |
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agency that employs the officer and retained there for a period not |
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to exceed 15 days. The owner of a motor vehicle that is removed or |
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stored under this subsection is liable for all removal and storage |
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fees incurred and is not entitled to take possession of the vehicle |
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until those fees are paid. |
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(j) If it is shown on trial of an offense under Subsection |
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(a) that the defendant was operating a motor vehicle at the time the |
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offense was committed and the defendant has previously been |
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convicted of an offense under that subsection, in addition to any |
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penalty imposed under Subsections (d)-(h), a court that enters a |
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judgment of conviction shall order that the motor vehicle operated |
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by the defendant at the time of the offense be forfeited to the |
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state if the defendant: |
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(1) was an owner of the vehicle at the time of the |
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offense; and |
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(2) is an owner of the vehicle on the date of the |
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defendant's conviction. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |