| 1 | 1 | | 83R4283 JXC-F |
|---|
| 2 | 2 | | By: Isaac, Guillen H.B. No. 955 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the penalty for the offense of reckless driving. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 545.401, Transportation Code, is amended |
|---|
| 10 | 10 | | by amending Subsection (b) and adding Subsections (e), (f), (g), |
|---|
| 11 | 11 | | and (h) to read as follows: |
|---|
| 12 | 12 | | (b) Except as provided by Subsection (e), an [An] offense |
|---|
| 13 | 13 | | under this section is a misdemeanor punishable by: |
|---|
| 14 | 14 | | (1) a fine not to exceed $200; |
|---|
| 15 | 15 | | (2) confinement in county jail for not more than 30 |
|---|
| 16 | 16 | | days; or |
|---|
| 17 | 17 | | (3) both the fine and the confinement. |
|---|
| 18 | 18 | | (e) If an offense under this section results in the serious |
|---|
| 19 | 19 | | bodily injury or death of an operator or passenger of another motor |
|---|
| 20 | 20 | | vehicle, the offense is a Class B misdemeanor. |
|---|
| 21 | 21 | | (f) The court may: |
|---|
| 22 | 22 | | (1) order that the driver's license of a person |
|---|
| 23 | 23 | | convicted of an offense under Subsection (e) be suspended for not |
|---|
| 24 | 24 | | less than 30 days beginning on the date of conviction; and |
|---|
| 25 | 25 | | (2) require the person to attend and present proof |
|---|
| 26 | 26 | | that the person successfully completed a driving safety course |
|---|
| 27 | 27 | | approved under Chapter 1001, Education Code, before the person's |
|---|
| 28 | 28 | | driver's license may be reinstated. |
|---|
| 29 | 29 | | (g) A judge, acting under Article 42.12, Code of Criminal |
|---|
| 30 | 30 | | Procedure, who elects to place a defendant charged with an offense |
|---|
| 31 | 31 | | under this section on community supervision under that article may |
|---|
| 32 | 32 | | require the defendant to attend and present proof that the |
|---|
| 33 | 33 | | defendant successfully completed a driving safety course approved |
|---|
| 34 | 34 | | under Chapter 1001, Education Code. |
|---|
| 35 | 35 | | (h) A person who is subject to prosecution under both this |
|---|
| 36 | 36 | | section and another section of this or any other code may be |
|---|
| 37 | 37 | | prosecuted under either or both sections. |
|---|
| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
|---|
| 40 | 40 | | An offense committed before the effective date of this Act is |
|---|
| 41 | 41 | | covered by the law in effect when the offense was committed, and the |
|---|
| 42 | 42 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 43 | 43 | | this section, an offense was committed before the effective date of |
|---|
| 44 | 44 | | this Act if any element of the offense was committed before that |
|---|
| 45 | 45 | | date. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|