85R662 JRR-D
 
  By: Phillips H.B. No. 644
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal liability for certain federal motor carrier
  safety regulation violations; creating a criminal offense;
  increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 644.151, Transportation Code, is amended
  by amending Subsections (a) and (b) and adding Subsections (b-1)
  and (d) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  violates a rule adopted under this chapter; [or]
               (2)  does not permit an inspection authorized under
  Section 644.104; or
               (3)  knowingly operates a commercial motor vehicle in
  violation of 49 C.F.R. Section 385.13, as that regulation existed
  on September 1, 2016, or owns, leases, or assigns a person to drive
  a commercial motor vehicle that is knowingly operated in violation
  of 49 C.F.R. Section 385.13, as that regulation existed on
  September 1, 2016.
         (b)  Except as provided by Subsection (d), an [An] offense
  under Subsection (a)(1) or (2) [this section] is a Class C
  misdemeanor.
         (b-1)  An offense under Subsection (a)(3) is a Class A
  misdemeanor, except that the offense is:
               (1)  a state jail felony if it is shown on the trial of
  the offense that at the time of the offense the commercial motor
  vehicle was involved in a motor vehicle accident that resulted in
  bodily injury; or
               (2)  a felony of the second degree if it is shown on the
  trial of the offense that at the time of the offense the commercial
  motor vehicle was involved in a motor vehicle accident that
  resulted in the death of a person.
         (d)  An offense under Subsection (a)(1) or (2) relating to
  brakes, tires, or load securement is a Class C misdemeanor
  punishable by a fine of not less than $150 or more than $500 if the
  offense involves a violation of:
               (1)  a regulation under 49 C.F.R. Part 393, Subpart C,
  as that regulation existed on September 1, 2016;
               (2)  49 C.F.R. Section 393.75, as that regulation
  existed on September 1, 2016; or
               (3)  a regulation under 49 C.F.R. Part 393, Subpart I,
  as that regulation existed on September 1, 2016.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2017.