| 1 | 1 | | 81R8561 TRH-D |
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| 2 | 2 | | By: Riddle H.B. No. 2839 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the civil and criminal consequences of racing a motor |
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| 8 | 8 | | vehicle on a highway. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 521.350, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsections (b) and (d) and adding Subsection (e-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Except as provided by this section, a [A] suspension |
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| 14 | 14 | | under this section is: |
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| 15 | 15 | | (1) for one year, on conviction of a first offense; or |
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| 16 | 16 | | (2) for two years, on conviction of any subsequent |
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| 17 | 17 | | offense [except as provided by this section]. |
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| 18 | 18 | | (d) A person whose license is suspended under Subsection (a) |
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| 19 | 19 | | shall be required by the court in which the person was convicted to |
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| 20 | 20 | | perform at least 20 [10] hours of community service as ordered by |
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| 21 | 21 | | the court. If the person is a resident of this state without a |
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| 22 | 22 | | driver's license to operate a motor vehicle, the court shall issue |
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| 23 | 23 | | an order prohibiting the department from issuing the person a |
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| 24 | 24 | | driver's license before the person completes the community service. |
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| 25 | 25 | | Community service required under this subsection is in addition to |
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| 26 | 26 | | any community service required of the person as a condition of |
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| 27 | 27 | | community supervision under Section 16, Article 42.12, Code of |
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| 28 | 28 | | Criminal Procedure. |
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| 29 | 29 | | (e-1) A person whose license is suspended under Subsection |
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| 30 | 30 | | (a) shall be required by the court in which the person was convicted |
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| 31 | 31 | | to complete a driving safety course approved by the Texas Education |
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| 32 | 32 | | Agency under Chapter 1001, Education Code. |
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| 33 | 33 | | SECTION 2. Section 545.420, Transportation Code, is amended |
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| 34 | 34 | | by amending Subsection (a) and adding Subsections (i) and (j) to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | (a) A person may not participate as a driver, race starter, |
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| 37 | 37 | | or in any other capacity [manner] in: |
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| 38 | 38 | | (1) a race; |
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| 39 | 39 | | (2) a vehicle speed competition or contest; |
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| 40 | 40 | | (3) a drag race or acceleration contest; |
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| 41 | 41 | | (4) a test of physical endurance of the operator of a |
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| 42 | 42 | | vehicle; or |
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| 43 | 43 | | (5) in connection with a drag race, an exhibition of |
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| 44 | 44 | | vehicle speed or acceleration or to make a vehicle speed record. |
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| 45 | 45 | | (i) A peace officer may require a vehicle used in the |
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| 46 | 46 | | commission of an offense under this section be taken to the nearest |
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| 47 | 47 | | garage or to a garage designated or maintained by the governmental |
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| 48 | 48 | | agency that employs the officer and retained there for a period not |
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| 49 | 49 | | to exceed 15 days. The owner of a motor vehicle that is removed or |
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| 50 | 50 | | stored under this subsection is liable for all removal and storage |
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| 51 | 51 | | fees incurred and is not entitled to take possession of the vehicle |
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| 52 | 52 | | until those fees are paid. |
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| 53 | 53 | | (j) If it is shown on trial of an offense under Subsection |
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| 54 | 54 | | (a) that the defendant was operating a motor vehicle at the time the |
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| 55 | 55 | | offense was committed and the defendant has previously been |
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| 56 | 56 | | convicted of an offense under that subsection, in addition to any |
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| 57 | 57 | | penalty imposed under Subsections (d)-(h), a court that enters a |
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| 58 | 58 | | judgment of conviction shall order that the motor vehicle operated |
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| 59 | 59 | | by the defendant at the time of the offense be forfeited to the |
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| 60 | 60 | | state if the defendant: |
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| 61 | 61 | | (1) was an owner of the vehicle at the time of the |
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| 62 | 62 | | offense; and |
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| 63 | 63 | | (2) is an owner of the vehicle on the date of the |
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| 64 | 64 | | defendant's conviction. |
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| 65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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| 66 | 66 | | to an offense committed on or after the effective date of this Act. |
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| 67 | 67 | | An offense committed before the effective date of this Act is |
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| 68 | 68 | | covered by the law in effect immediately before the effective date |
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| 69 | 69 | | of this Act, and the former law is continued in effect for that |
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| 70 | 70 | | purpose. For purposes of this section, an offense was committed |
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| 71 | 71 | | before the effective date of this Act if any element of the offense |
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| 72 | 72 | | was committed before that date. |
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| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2009. |
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