LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
April 17, 2017

TO:
Honorable Geanie W. Morrison, Chair, House Committee on Transportation
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB644 by Phillips (Relating to criminal liability for certain federal motor carrier safety regulation violations; creating a criminal offense.), Committee Report 1st House, Substituted

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 of motor carriers for certain federal safety regulation violations. Under the provisions of the bill, engaging in certain activities in violation of certain federal motor carrier safety regulations that result in bodily injury or death would be punishable as a state jail felony or a second degree felony. The punishment for the offense would be based on the specific circumstances of the offense.
 
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
 
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands on the correctional resources of the counties or of the State due to an expected increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.


Source Agencies:
LBB Staff:
UP, LM, RFL