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		By: Wentworth  | 
S.B. No. 1389 | 
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       (In the Senate - Filed March 5, 2009; March 17, 2009, read  | 
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first time and referred to Committee on Transportation and Homeland  | 
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Security; April 1, 2009, reported adversely, with favorable  | 
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Committee Substitute by the following vote:  Yeas 9, Nays 0;  | 
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April 1, 2009, sent to printer.) | 
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COMMITTEE SUBSTITUTE FOR S.B. No. 1389 | 
By:  Wentworth | 
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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for the offense of reckless driving. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Section 545.401, Transportation Code, is amended  | 
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by amending Subsection (b) and adding Subsections (e), (f), and (g)  | 
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to read as follows: | 
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       (b)  Except as provided by Subsection (e), an [An] offense  | 
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under this section is a misdemeanor punishable by: | 
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             (1)  a fine not to exceed $200; | 
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             (2)  confinement in county jail for not more than 30  | 
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days; or | 
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             (3)  both the fine and the confinement. | 
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       (e)  If an offense under this section results in the serious  | 
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bodily injury or death of an operator or passenger of another motor  | 
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vehicle, the offense is a Class B misdemeanor. | 
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       (f)  The court may: | 
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             (1)  order that the driver's license of a person  | 
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convicted of an offense under Subsection (e) be suspended for not  | 
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less than 30 days beginning on the date of conviction; and | 
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             (2)  require the person to attend and present proof  | 
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that the person successfully completed a driving safety course  | 
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approved under Chapter 1001, Education Code, before the person's  | 
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driver's license may be reinstated. | 
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       (g)  A judge, acting under Article 42.12, Code of Criminal  | 
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Procedure, who elects to place a defendant on community supervision  | 
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under that article may require the defendant to attend and present  | 
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proof that the defendant successfully completed a driving safety  | 
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course approved under Chapter 1001, Education Code. | 
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       SECTION 2.  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 when the offense was committed, and the  | 
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former law is continued in effect for that purpose.  For purposes of  | 
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this section, an offense was committed before the effective date of  | 
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this Act if any element of the offense was committed before that  | 
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date. | 
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       SECTION 3.  This Act takes effect September 1, 2009. | 
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