| 1 | 1 | | 82R21232 AJZ-F |
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| 2 | 2 | | By: Rodriguez H.B. No. 3091 |
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| 3 | 3 | | Substitute the following for H.B. No. 3091: |
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| 4 | 4 | | By: Martinez C.S.H.B. No. 3091 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to operating a motor vehicle without a driver's license or |
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| 10 | 10 | | financial responsibility; creating a penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 521.025(c), Transportation Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (c) A person who violates this section commits an offense. |
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| 15 | 15 | | An offense under this subsection is a misdemeanor punishable by a |
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| 16 | 16 | | fine not to exceed $200, except that: |
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| 17 | 17 | | (1) for a second conviction within one year after the |
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| 18 | 18 | | date of the first conviction, the offense is a misdemeanor |
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| 19 | 19 | | punishable by a fine of not less than $25 or more than $200; [and] |
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| 20 | 20 | | (2) for a third or subsequent conviction within one |
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| 21 | 21 | | year after the date of the second conviction the offense is a |
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| 22 | 22 | | misdemeanor punishable by: |
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| 23 | 23 | | (A) a fine of not less than $25 or more than $500; |
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| 24 | 24 | | (B) confinement in the county jail for not less |
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| 25 | 25 | | than 72 hours or more than six months; or |
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| 26 | 26 | | (C) both the fine and confinement; and |
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| 27 | 27 | | (3) if it is shown on the trial of the offense that at |
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| 28 | 28 | | the time of the offense the person was operating the motor vehicle |
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| 29 | 29 | | in violation of Section 601.191 and caused or was at fault in a |
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| 30 | 30 | | motor vehicle accident that resulted in serious bodily injury to or |
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| 31 | 31 | | the death of another person, an offense under this section is a |
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| 32 | 32 | | Class A misdemeanor. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2011. |
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