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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for operation of a motor vehicle without a |
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license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.021, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.021. LICENSE REQUIRED. (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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(b) A person who violates this section commits an offense. |
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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 a fine not to exceed |
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$200. |
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(d) An offense under this section is a Class B misdemeanor |
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if it is shown on the trial of the offense that the person at the |
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time of the offense was committing another offense under Subtitle |
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C, Title 7, that caused property damage, bodily injury, or death. |
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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. 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 7. This Act takes effect September 1, 2011. |