87R11913 AJZ-D
 
  By: Huffman S.B. No. 1495
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain criminal offenses related to highways and motor
  vehicles; creating a criminal offense; increasing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.03, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is a state jail felony if it is shown on the
  trial of the offense that the offense was committed in furtherance
  of:
               (1)  an offense under Section 545.420, Transportation
  Code; or 
               (2)  a reckless driving exhibition.
         (d)  For purposes of this section, "reckless driving
  exhibition" means an operator of a motor vehicle intentionally:
               (1)  breaking the traction of the vehicle's rear tires;
               (2)  spinning the vehicle's rear tires continuously by
  pressing the accelerator and increasing the engine speed; and
               (3)  steering the vehicle in a manner designed to
  rotate the vehicle. 
         SECTION 2.  Section 545.401(b), Transportation Code, is
  amended to read as follows:
         (b)  An offense under this section is a misdemeanor
  punishable by:
               (1)  a fine of not less than $1,000 or more than $4,000 
  [not to exceed $200];
               (2)  confinement in [county] jail for a term not to
  exceed one year [not more than 30 days]; or
               (3)  both the fine and the confinement.
         SECTION 3.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.4205 to read as follows:
         Sec. 545.4205.  SPECTATOR OF RECKLESS DRIVING EXHIBITION OR
  RACING ON A HIGHWAY PROHIBITED; CRIMINAL OFFENSE. (a) A person
  commits an offense if the person knowingly attends as a spectator:
               (1)  an exhibition of conduct prohibited under Section
  545.420 or a reckless driving exhibition, as defined by Section
  42.03, Penal Code; or
               (2)  preparations for an event described by Subdivision
  (1).
         (b)  For the purposes of Subsection (a), a person is present
  at an exhibition if the person is in proximity to the exhibition or
  preparations for an exhibition.
         (c)  An offense under this section is a Class C misdemeanor
  punishable by a fine not to exceed $500.
         SECTION 4.  The changes in law made by this Act apply 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 when 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 5.  This Act takes effect September 1, 2021.