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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of a person operating a |
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motor vehicle without a license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.025, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.025. LICENSE REQUIRED; LICENSE TO BE CARRIED AND |
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EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person, other than a |
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person expressly exempted under this chapter, may not operate a |
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motor vehicle on a highway in this state unless the person holds a |
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driver's license issued under this chapter. |
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(a-1) A person required to hold a license under Subsection |
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(a) [Section 521.021] shall: |
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(1) have in the person's possession while operating a |
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motor vehicle the class of driver's license appropriate for the |
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type of vehicle operated; and |
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(2) display the license on the demand of a magistrate, |
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court officer, or peace officer. |
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(b) A peace officer may stop and detain a person operating a |
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motor vehicle to determine if the person has a driver's license as |
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required by this section. |
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(c) A person who violates Subsection (a) or (a-1) [this
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section] commits an offense. An offense under this section |
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[subsection] is a misdemeanor punishable by a fine not to exceed |
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$200, except that: |
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(1) for a second conviction within one year after the |
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date of the first conviction, the offense is a misdemeanor |
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punishable by a fine of not less than $25 or more than $200; [and] |
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(2) for a third or subsequent conviction within one |
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year after the date of the second conviction the offense is a |
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misdemeanor punishable by: |
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(A) a fine of not less than $25 or more than $500; |
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(B) confinement in the county jail for not less |
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than 72 hours or more than six months; or |
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(C) both the fine and confinement; and |
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(3) for an offense under Subsection (a), the offense |
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is a Class B misdemeanor if it is shown on the trial of the offense |
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that the person at the time of the offense was committing another |
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offense under Subtitle C, Title 7, that caused property damage, |
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bodily injury, or death. |
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(d) It is a defense to prosecution under Subsection (a-1) |
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[this section] if the person charged produces in court a driver's |
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license: |
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(1) issued to that person; |
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(2) appropriate for the type of vehicle operated; and |
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(3) valid at the time of the arrest for the offense. |
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(e) The judge of each court shall report promptly to the |
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department each conviction obtained in the court under this |
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section. |
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(f) The court may assess a defendant an administrative fee |
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not to exceed $10 if a charge under Subsection (a-1) [this section] |
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is dismissed because of the defense listed under Subsection (d). |
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SECTION 2. The heading to Subchapter J, Chapter 601, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER J. IMPOUNDMENT OF CERTAIN MOTOR VEHICLES INVOLVED IN |
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ACCIDENT [VEHICLE NOT REGISTERED IN THIS STATE] |
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SECTION 3. Section 601.291, Transportation Code, is amended |
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to read as follows: |
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Sec. 601.291. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies only to the owner or operator of a motor vehicle |
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that[:
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[(1) is not registered in this state; and
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[(2)] is involved in a motor vehicle accident in this |
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state that results in bodily injury, death, or damage to the |
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property of one person to an apparent extent of at least $500 and: |
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(1) is not registered in this state; or |
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(2) is operated by a person who fails to hold a license |
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required under Chapter 521. |
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(b) The initial determination of compliance with Chapter |
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521 is made by the law enforcement officer described by Section |
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601.292. The final determination of compliance is made by the |
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magistrate under Section 601.293(b). |
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SECTION 4. Section 601.293(b), Transportation Code, is |
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amended to read as follows: |
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(b) If the vehicle is not registered in this state or if the |
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magistrate determines the operator is not in compliance with the |
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license requirements under Chapter 521, the [The] magistrate shall |
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conduct an inquiry on the issues of negligence and liability for |
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bodily injury, death, or property damage sustained in the accident. |
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SECTION 5. Section 601.296, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) If the motor vehicle is to be operated in this state at |
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the time of release, the submission under Subsection (a) must also |
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include evidence of financial responsibility under Section 601.053 |
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that shows that at the time of release the vehicle will be in |
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compliance with Section 601.051 or is exempt from the requirement |
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of Section 601.051. |
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SECTION 6. Section 708.104(a), Transportation Code, is |
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amended 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 a person who during the preceding 36-month period has |
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been convicted of an offense under Section 521.025(a) [521.021]. |
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SECTION 7. Section 521.021, Transportation Code, is |
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repealed. |
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SECTION 8. 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 the purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 9. This Act takes effect September 1, 2011. |