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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of passing certain vehicles on a highway; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.157, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsections (d-1) and (d-2) |
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to read as follows: |
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(c) A person who violates [violation of] this section |
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commits an offense. An offense under this section is[: |
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[(1) a misdemeanor punishable under Section 542.401; |
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[(2)] a misdemeanor punishable by a fine of not less |
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than $500 or more than $1,250, except that the offense is: |
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(1) a misdemeanor punishable by a fine of not less than |
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$1,000 or more than $2,000 for a second or subsequent offense |
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committed within five years of the date on which the most recent |
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preceding offense was committed; |
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(2) a Class A misdemeanor if the offense [violation |
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results in property damage; or |
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[(3) a Class B misdemeanor if the violation] results |
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in serious bodily injury to another; or |
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(3) a state jail felony for a second or subsequent |
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offense punishable under Subdivision (2). |
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(d-1) If it is shown on the trial of the offense that the |
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person has previously been convicted of an offense under this |
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section, on conviction the court may order the person's driver's |
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license to be suspended for a period not to exceed six months. |
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(d-2) The court may require a defendant who fails to pay a |
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previously assessed fine or costs under this section, or who is |
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determined by the court to have insufficient resources or income to |
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pay a fine or costs under this section, to discharge all or part of |
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the fine or costs assessed under this section by performing |
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community service. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |