1 | 1 | | H.B. No. 2012 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the criminal consequences of operating without a valid |
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6 | 6 | | driver's license a motor vehicle for which financial responsibility |
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7 | 7 | | is not established. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. This Act shall be known as Eric's Law. |
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10 | 10 | | SECTION 2. Section 521.457, Transportation Code, is amended |
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11 | 11 | | by amending Subsections (e) and (f) and adding Subsection (f-2) to |
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12 | 12 | | read as follows: |
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13 | 13 | | (e) Except as provided by Subsections (f), [and] (f-1), and |
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14 | 14 | | (f-2), an offense under this section is a Class C misdemeanor. |
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15 | 15 | | (f) An offense under this section is a Class B misdemeanor |
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16 | 16 | | if [If] it is shown on the trial of the [an] offense [under this |
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17 | 17 | | section] that the person: |
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18 | 18 | | (1) has previously been convicted of an offense under |
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19 | 19 | | this section or an offense under Section 601.371(a), as that law |
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20 | 20 | | existed before September 1, 2003; or |
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21 | 21 | | (2) at the time of the offense, was operating the motor |
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22 | 22 | | vehicle in violation of Section 601.191 [, the offense is a Class B |
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23 | 23 | | misdemeanor]. |
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24 | 24 | | (f-2) An offense under this section is a Class A misdemeanor |
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25 | 25 | | if it is shown on the trial of the offense that at the time of the |
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26 | 26 | | offense the person was operating the motor vehicle in violation of |
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27 | 27 | | Section 601.191 and caused or was at fault in a motor vehicle |
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28 | 28 | | accident that resulted in serious bodily injury to or the death of |
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29 | 29 | | another person. |
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30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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31 | 31 | | to an offense committed on or after the effective date of this Act. |
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32 | 32 | | An offense committed before the effective date of this Act is |
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33 | 33 | | governed by the law in effect when the offense was committed, and |
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34 | 34 | | the former law is continued in effect for that purpose. For the |
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35 | 35 | | purposes of this section, an offense was committed before the |
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36 | 36 | | effective date of this Act if any element of the offense was |
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37 | 37 | | committed before that date. |
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38 | 38 | | SECTION 4. This Act takes effect September 1, 2009. |
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39 | 39 | | ______________________________ ______________________________ |
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40 | 40 | | President of the Senate Speaker of the House |
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41 | 41 | | I certify that H.B. No. 2012 was passed by the House on May |
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42 | 42 | | 15, 2009, by the following vote: Yeas 133, Nays 1, 1 present, not |
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43 | 43 | | voting; that the House refused to concur in Senate amendments to |
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44 | 44 | | H.B. No. 2012 on May 29, 2009, and requested the appointment of a |
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45 | 45 | | conference committee to consider the differences between the two |
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46 | 46 | | houses; and that the House adopted the conference committee report |
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47 | 47 | | on H.B. No. 2012 on May 31, 2009, by the following vote: Yeas 135, |
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48 | 48 | | Nays 2, 2 present, not voting. |
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49 | 49 | | ______________________________ |
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50 | 50 | | Chief Clerk of the House |
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51 | 51 | | I certify that H.B. No. 2012 was passed by the Senate, with |
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52 | 52 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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53 | 53 | | 0; at the request of the House, the Senate appointed a conference |
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54 | 54 | | committee to consider the differences between the two houses; and |
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55 | 55 | | that the Senate adopted the conference committee report on H.B. No. |
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56 | 56 | | 2012 on May 31, 2009, by the following vote: Yeas 30, Nays 1. |
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57 | 57 | | ______________________________ |
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58 | 58 | | Secretary of the Senate |
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59 | 59 | | APPROVED: __________________ |
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60 | 60 | | Date |
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61 | 61 | | __________________ |
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62 | 62 | | Governor |
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