89R10980 MZM-F
 
  By: Eckhardt S.B. No. 1088
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalty for the offense of
  reckless driving.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.401, Transportation Code, is amended
  by amending Subsection (b) and adding Subsections (b-1) and (e) to
  read as follows:
         (b)  Subject to Subsection (b-1), an [An] offense under this
  section is a misdemeanor punishable by:
               (1)  a fine not to exceed $200;
               (2)  confinement in county jail for not more than 30
  days; or
               (3)  both the fine and the confinement.
         (b-1)  Notwithstanding Subsection (b), an offense under this
  section is a Class B misdemeanor if it is shown on the trial of the
  offense that:
               (1)  as a result of the offense the person caused a
  collision and another person suffered bodily injury as a result of
  the collision; and
               (2)  at the time of the offense the person was operating
  the vehicle:
                     (A)  at a speed of 20 miles per hour or more over
  the posted speed limit in an urban district;
                     (B)  at a speed of 30 miles per hour or more over
  the posted speed limit outside of an urban district; or
                     (C)  while using a portable wireless
  communication device.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  The change in law made by this Act applies 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, 2025.