By: Stucky, Frazier, Lujan, Spiller, Harless, H.B. No. 898
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of passing certain vehicles on a highway;
  increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.157, Transportation Code, is amended
  by amending Subsection (c) and adding Subsections (d-1) and (d-2)
  to read as follows:
         (c)  A person who violates [violation of] this section
  commits an offense. An offense under this section is[:
               [(1)  a misdemeanor punishable under Section 542.401;
               [(2)]  a misdemeanor punishable by a fine of not less
  than $500 or more than $1,250, except that the offense is:
               (1)  a misdemeanor punishable by a fine of not less than
  $1,000 or more than $2,000 for a second or subsequent offense
  committed within five years of the date on which the most recent
  preceding offense was committed;
               (2)  a Class A misdemeanor if the offense [violation
  results in property damage; or
               [(3)  a Class B misdemeanor if the violation] results
  in bodily injury to another; or
               (3)  a state jail felony for a second or subsequent
  offense punishable under Subdivision (2).
         (d-1)  If it is shown on the trial of the offense that the
  person has previously been convicted of an offense under this
  section, on conviction the court may order the person's driver's
  license to be suspended for a period not to exceed six months. 
         (d-2)  The court may require a defendant who fails to pay a
  previously assessed fine or costs under this section, or who is
  determined by the court to have insufficient resources or income to
  pay a fine or costs under this section, to discharge all or part of
  the fine or costs assessed under this section by performing
  community service. 
         SECTION 2.  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 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, 2023.