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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of driving while license invalid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 521.457(d), (e), (f), and (f-1), |
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Transportation Code, are amended to read as follows: |
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(d) Except as provided by Subsection (c), it is an |
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affirmative defense to prosecution of an offense, other than an |
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offense under Section 521.341, that the person did not receive |
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actual notice of a cancellation, suspension, revocation, or |
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prohibition order relating to the person's license. For purposes |
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of this section, actual notice is presumed if the notice was mailed |
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in accordance with law. A person may rebut the presumption of actual |
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notice established under this subsection by presenting evidence |
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that the person to whom the notice was mailed moved to a new |
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residence address on or before the date the notice was considered |
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received, unless evidence is presented that the notice was |
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forwarded to the person's new address. |
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(e) Except as provided by Subsections (f)[, (f-1),] and |
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(f-2), an offense under this section is a Class C misdemeanor. |
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(f) 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:
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[(1)
has previously been convicted of an offense under
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this section or an offense under Section 601.371(a), as that law
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existed before September 1, 2003; or
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[(2)
at the time of the offense, was operating the
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motor vehicle in violation of Section 601.191.
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[(f-1)
If it is shown on the trial of an offense under this
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section that] the license of the person has previously been |
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suspended as the result of an offense involving the operation of a |
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motor vehicle while intoxicated [, the offense is a Class B
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misdemeanor]. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |