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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalty for reckless driving and to the |
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limitation on the authority to arrest a person for certain traffic |
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offenses punishable by fine only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 543.004(a), Transportation Code, is |
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amended to read as follows: |
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(a) An officer shall issue a written notice to appear if: |
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(1) the offense charged is: |
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(A) speeding; |
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(B) the use of a wireless communication device |
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under Section 545.4251; [or] |
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(C) a violation of the open container law, |
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Section 49.031, Penal Code; |
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(D) a violation of signaling requirements under |
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Section 545.104, 545.105, 545.106, or 545.107; or |
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(E) reckless driving under Section 545.401, if |
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the offense is punishable by a fine only; and |
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(2) the person makes a written promise to appear in |
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court as provided by Section 543.005. |
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SECTION 2. Section 545.401, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), an offense under |
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this section is a misdemeanor punishable by a fine not to exceed |
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$200. |
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(b-1) If an [An] offense under this section resulted in |
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bodily injury or property damage, the offense is a misdemeanor |
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punishable by: |
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(1) a fine not to exceed $200; |
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(2) confinement in county jail for not more than 30 |
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days; or |
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(3) both the fine and the confinement. |
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SECTION 3. 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 4. This Act takes effect September 1, 2021. |