By: Wentworth S.B. No. 1389
(In the Senate - Filed March 5, 2009; March 17, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 1, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 1, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1389 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the 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 (e), (f), and (g)
to read as follows:
(b) Except as provided by Subsection (e), 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.
(e) If an offense under this section results in the serious
bodily injury or death of an operator or passenger of another motor
vehicle, the offense is a Class B misdemeanor.
(f) The court may:
(1) order that the driver's license of a person
convicted of an offense under Subsection (e) be suspended for not
less than 30 days beginning on the date of conviction; and
(2) require the person to attend and present proof
that the person successfully completed a driving safety course
approved under Chapter 1001, Education Code, before the person's
driver's license may be reinstated.
(g) A judge, acting under Article 42.12, Code of Criminal
Procedure, who elects to place a defendant on community supervision
under that article may require the defendant to attend and present
proof that the defendant successfully completed a driving safety
course approved under Chapter 1001, Education Code.
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
covered by the law in effect when 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 was committed before that
date.
SECTION 3. This Act takes effect September 1, 2009.
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