Texas 2011 - 82nd Regular

Texas House Bill HB19 Compare Versions

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1	1	82R19626 VOO-D
2	2	By: Riddle, Murphy, Fletcher, et al. H.B. No. 19
3	3	Substitute the following for H.B. No. 19:
4	4	By: Pena C.S.H.B. No. 19
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution and punishment of a person operating a
10	10	motor vehicle without a license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 521.025, Transportation Code, is amended
13	13	to read as follows:
14	14	Sec. 521.025. LICENSE REQUIRED; LICENSE TO BE CARRIED AND
15	15	EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person, other than a
16	16	person expressly exempted under this chapter, may not operate a
17	17	motor vehicle on a highway in this state unless the person holds a
18	18	driver's license issued under this chapter.
19	19	(a-1) A person required to hold a license under Subsection
20	20	(a) [Section 521.021] shall:
21	21	(1) have in the person's possession while operating a
22	22	motor vehicle the class of driver's license appropriate for the
23	23	type of vehicle operated; and
24	24	(2) display the license on the demand of a magistrate,
25	25	court officer, or peace officer.
26	26	(b) A peace officer may stop and detain a person operating a
27	27	motor vehicle to determine if the person has a driver's license as
28	28	required by this section.
29	29	(c) A person who violates Subsection (a) or (a-1) [this
30	30	section] commits an offense. An offense under this section
31	31	[subsection] is a misdemeanor punishable by a fine not to exceed
32	32	$200, except that:
33	33	(1) for a second conviction within one year after the
34	34	date of the first conviction, the offense is a misdemeanor
35	35	punishable by a fine of not less than $25 or more than $200; [and]
36	36	(2) for a third or subsequent conviction within one
37	37	year after the date of the second conviction the offense is a
38	38	misdemeanor punishable by:
39	39	(A) a fine of not less than $25 or more than $500;
40	40	(B) confinement in the county jail for not less
41	41	than 72 hours or more than six months; or
42	42	(C) both the fine and confinement; and
43	43	(3) for an offense under Subsection (a), the offense
44	44	is a Class B misdemeanor if it is shown on the trial of the offense
45	45	that the person at the time of the offense was committing another
46	46	offense under Subtitle C, Title 7, that caused property damage,
47	47	bodily injury, or death.
48	48	(d) It is a defense to prosecution under Subsection (a-1)
49	49	[this section] if the person charged produces in court a driver's
50	50	license:
51	51	(1) issued to that person;
52	52	(2) appropriate for the type of vehicle operated; and
53	53	(3) valid at the time of the arrest for the offense.
54	54	(e) The judge of each court shall report promptly to the
55	55	department each conviction obtained in the court under this
56	56	section.
57	57	(f) The court may assess a defendant an administrative fee
58	58	not to exceed $10 if a charge under Subsection (a-1) [this section]
59	59	is dismissed because of the defense listed under Subsection (d).
60	60	SECTION 2. The heading to Subchapter J, Chapter 601,
61	61	Transportation Code, is amended to read as follows:
62	62	SUBCHAPTER J. IMPOUNDMENT OF CERTAIN MOTOR VEHICLES INVOLVED IN
63	63	ACCIDENT [VEHICLE NOT REGISTERED IN THIS STATE]
64	64	SECTION 3. Section 601.291, Transportation Code, is amended
65	65	to read as follows:
66	66	Sec. 601.291. APPLICABILITY OF SUBCHAPTER. (a) This
67	67	subchapter applies only to the owner or operator of a motor vehicle
68	68	that[:
69	69	[(1) is not registered in this state; and
70	70	[(2)] is involved in a motor vehicle accident in this
71	71	state that results in bodily injury, death, or damage to the
72	72	property of one person to an apparent extent of at least $500 and:
73	73	(1) is not registered in this state; or
74	74	(2) is operated by a person who fails to hold a license
75	75	required under Chapter 521.
76	76	(b) The initial determination of compliance with Chapter
77	77	521 is made by the law enforcement officer described by Section
78	78	601.292. The final determination of compliance is made by the
79	79	magistrate under Section 601.293(b).
80	80	SECTION 4. Section 601.293(b), Transportation Code, is
81	81	amended to read as follows:
82	82	(b) If the vehicle is not registered in this state or if the
83	83	magistrate determines the operator is not in compliance with the
84	84	license requirements under Chapter 521, the [The] magistrate shall
85	85	conduct an inquiry on the issues of negligence and liability for
86	86	bodily injury, death, or property damage sustained in the accident.
87	87	SECTION 5. Section 601.296, Transportation Code, is amended
88	88	by adding Subsection (a-1) to read as follows:
89	89	(a-1) If the motor vehicle is to be operated in this state at
90	90	the time of release, the submission under Subsection (a) must also
91	91	include evidence of financial responsibility under Section 601.053
92	92	that shows that at the time of release the vehicle will be in
93	93	compliance with Section 601.051 or is exempt from the requirement
94	94	of Section 601.051.
95	95	SECTION 6. Section 708.104(a), Transportation Code, is
96	96	amended to read as follows:
97	97	(a) Each year the department shall assess a surcharge on the
98	98	license of a person who during the preceding 36-month period has
99	99	been convicted of an offense under Section 521.025(a) [521.021].
100	100	SECTION 7. Section 521.021, Transportation Code, is
101	101	repealed.
102	102	SECTION 8. The change in law made by this Act applies only
103	103	to an offense committed on or after the effective date of this Act.
104	104	An offense committed before the effective date of this Act is
105	105	covered by the law in effect when the offense was committed, and the
106	106	former law is continued in effect for that purpose. For the purposes
107	107	of this section, an offense was committed before the effective date
108	108	of this Act if any element of the offense was committed before that
109	109	date.
110	110	SECTION 9. This Act takes effect September 1, 2011.