Honorable Robert Nichols, Chair, Senate Committee on Transportation
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB823 by Wu (Relating to criminal liability for certain federal motor carrier safety regulation violations; increasing a criminal penalty.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Transportation Code as it relates to the criminal liability for certain motor carrier safety violations. The bill would make knowingly operating, leasing, or assigning a person to drive a commercial motor vehicle with an unsatisfactory rating a state jail felony if the vehicle was involved in an accident that resulted in bodily injury. The bill would make this offense a second degree felony if the accident resulted in death.
A second degree felony is punishable by confinement in prison for two to 20 years and a state jail felony is punishable by confinement in a state jail for 180 days to two years. In addition to confinement certain felony level offenses are subject to an optional fine not to exceed $10,000.
Creating a criminal offense is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on state correctional resources. This analysis assumes implementing the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workload.