BILL ANALYSIS

H.B. 1888

By: Capriglione

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that the state has a responsibility to ensure the safety of drivers and passengers on Texas roads by ensuring that all drivers have met the necessary requirements for operating a motor vehicle. These parties recognize a need, based on that responsibility, for harsher penalties relating to the offense of driving a commercial motor vehicle without a commercial driver's license or learner's permit. H.B. 1888 seeks to address this need.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1888 amends the Transportation Code to increase from a Class C misdemeanor to a misdemeanor punishable by a fine not to exceed $1,000 the penalty for an offense in violation of the requirement to hold a commercial driver's license or commercial driver learner's permit while driving a commercial motor vehicle. The bill enhances the penalty for that offense to a Class B misdemeanor if it is shown on the trial of the offense that the defendant was convicted of such an offense in the year preceding the date of the offense that is the subject of the trial.

EFFECTIVE DATE

September 1, 2015.