81R8561 TRH-D
By: Riddle H.B. No. 2839
A BILL TO BE ENTITLED
AN ACT
relating to the civil and criminal consequences of racing a motor
vehicle on a highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.350, Transportation Code, is amended
by amending Subsections (b) and (d) and adding Subsection (e-1) to
read as follows:
(b) Except as provided by this section, a [A] suspension
under this section is:
(1) for one year, on conviction of a first offense; or
(2) for two years, on conviction of any subsequent
offense [except as provided by this section].
(d) A person whose license is suspended under Subsection (a)
shall be required by the court in which the person was convicted to
perform at least 20 [10] hours of community service as ordered by
the court. If the person is a resident of this state without a
driver's license to operate a motor vehicle, the court shall issue
an order prohibiting the department from issuing the person a
driver's license before the person completes the community service.
Community service required under this subsection is in addition to
any community service required of the person as a condition of
community supervision under Section 16, Article 42.12, Code of
Criminal Procedure.
(e-1) A person whose license is suspended under Subsection
(a) shall be required by the court in which the person was convicted
to complete a driving safety course approved by the Texas Education
Agency under Chapter 1001, Education Code.
SECTION 2. Section 545.420, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (i) and (j) to
read as follows:
(a) A person may not participate as a driver, race starter,
or in any other capacity [manner] in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(i) A peace officer may require a vehicle used in the
commission of an offense under this section be taken to the nearest
garage or to a garage designated or maintained by the governmental
agency that employs the officer and retained there for a period not
to exceed 15 days. The owner of a motor vehicle that is removed or
stored under this subsection is liable for all removal and storage
fees incurred and is not entitled to take possession of the vehicle
until those fees are paid.
(j) If it is shown on trial of an offense under Subsection
(a) that the defendant was operating a motor vehicle at the time the
offense was committed and the defendant has previously been
convicted of an offense under that subsection, in addition to any
penalty imposed under Subsections (d)-(h), a court that enters a
judgment of conviction shall order that the motor vehicle operated
by the defendant at the time of the offense be forfeited to the
state if the defendant:
(1) was an owner of the vehicle at the time of the
offense; and
(2) is an owner of the vehicle on the date of the
defendant's conviction.
SECTION 3. 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
covered by the law in effect immediately before the effective date
of this Act, 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
was committed before that date.
SECTION 4. This Act takes effect September 1, 2009.